Journal articles on the topic 'Euthanasia Law and legislation Victoria'
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Kullolli, Brunela, and lrjan Hysa. "Law and Society - Euthanasia and Criminal Law." European Journal of Social Science Education and Research 5, no. 2 (August 1, 2018): 142–50. http://dx.doi.org/10.2478/ejser-2018-0042.
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Abstract Euthanasia or "sweet death" is a topic that has sparked numerous debates throughout history. In Albania, the right to life is protected by Article 21 of the Constitution of the Republic of Albania. Regarding the individual's right to die in Albania, both forms of euthanasia, the passive and the active one, are considered criminal offenses and are punishable by law. The problem lies in the fact that such a definition is not found in the Albanian legislation, but such actions are considered as criminal by the interpretation of the law. In this topic we will study the perception of Albanians regarding euthanasia and whether the Albanian legislation should include this form of soft death or not. The protection of life in the country should take the dimensions of a sustainable protection. For this reason, in addition to the positive effects of improving life protection that derive from the application of the entirety of the various criminal justice programs and policies, also including the recent amendments to the Criminal Code of the Republic of Albania, a concrete and continuous protection should be provided in support of the right to life. I have always drawn a debate on this issue, which deals with the fundamental human right, with the most sacred right, that of life.
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Ramezani, Farshad, and Mahin Sobhani. "Euthanasia from Iran law and Islamic legislation perspective." International Journal of Human Rights and Constitutional Studies 4, no. 2 (2016): 153. http://dx.doi.org/10.1504/ijhrcs.2016.078314.
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Gabrieljans, Armens. "THE GENESIS OF EUTHANASIA IN EVOLUTION OF STATE AND LAW." Administrative and Criminal Justice 1, no. 70 (March 31, 2015): 11. http://dx.doi.org/10.17770/acj.v1i70.4320.
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The aim of this article is to analyze the epistemological study of euthanasia, as well as provides the general description of euthanasia in the historical development of the country and legislation. Euthanasia being a socio-legal phenomenon has very ancient historical roots. However, euthanasia has been highlighted as a scientific research object only at the end of the nineteenth century; thus, euthanasia has been classified as an independent scientific approach. In the history of state and law attitude towards euthanasia phenomenon can be divided into four main periods which coincide with global stages in history of mankind. Each of these stages had specific traditions concerning the issue of this kind of ending one’s life.
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Bălan, Lăcrămioara. "Death with Dignity under the AUPs of the Law." European Journal of Law and Public Administration 9, no. 2 (December 20, 2022): 108–14. http://dx.doi.org/10.18662/eljpa/9.2/187.
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In most developed states, public opinion is crystallized in favor or against euthanasia, but this fact is not reflected in the legislation. A clear and concise legislative framework is an absolutely necessary condition for discussing euthanasia. On one hand, medical personnel must carry out their activity in accordance with the law, on the other hand, the selection of patients who can request such a procedure must be concretely defined.
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Joung, Soon-Hyoung, and Young-Ju Jeon. "Proposal of Review on Criminal Law and Legislation about Euthanasia." Journal of the Korea Contents Association 11, no. 7 (July 28, 2011): 298–305. http://dx.doi.org/10.5392/jkca.2011.11.7.298.
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Gregory, Dorothy Rasinski. "Euthanasia, Ethics and Public Policy: An Argument Against Legislation." Journal of Legal Medicine 24, no. 3 (September 2003): 395–405. http://dx.doi.org/10.1080/713832195.
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Sayers, Gwen. "Non-Voluntary Passive Euthanasia: The Social Consequences of Euphemisms." European Journal of Health Law 14, no. 3 (2007): 221–40. http://dx.doi.org/10.1163/092902707x232980.
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AbstractNon-voluntary passive euthanasia, the commonest form of euthanasia, is seldom mentioned in the UK. This article illustrates how the legal reasoning in Airedale NHS Trust v Bland contributed towards this conceptual deletion. By upholding the impermissibility of euthanasia, whilst at the same time permitting 'euthanasia' under the guise of 'withdrawing futile treatment', it is argued that the court (logically) allowed (withdrawing futile treatment and euthanasia). The Bland reasoning was incorporated into professional guidance, which extended the court's ruling to encompass patients who, unlike Anthony Bland, were sentient. But since the lawfulness of (withdrawing futile treatment and euthanasia) hinges on the futility of treatment, and since the guidance provides advice about withdrawing treatment from patients who differ from those considered in court, the lawfulness of such 'treatment decisions' is unclear. Legislation s proposed in order to redress the ambiguity that arose when moral decisions about 'euthanasia' were translated into medical decisions about 'treatment'.
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Akhtyrska, Nataliia M., and Yuriy V. Grodetskiy. "THE RIGHT TO LIFE FROM THE POINT OF VIEW OF PERSONAL AUTONOMY IN DECISION-MAKING ON EUTHANASIA (REVIEW OF THE ECHR PRACTICE AND THE LEGISLATION OF SELECTED COUNTRIES)." Wiadomości Lekarskie 74, no. 11 (2021): 3108–12. http://dx.doi.org/10.36740/wlek202111242.
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The aim: To analyze law enforcement practice on the basis of the national legislation of foreign states to single out features of legal regulation of the right to euthanasia realization and to outline the Ukrainian prospects of euthanasia legalization. Materials and methods: The empirical basis of the research is the legislation of some European countries (Belgium, Spain, Italy, Portugal, and the Netherlands) and Canada; decisions of the European Court of Human Rights on the right to voluntary death and the obligations of states; the results of a survey of 750 respondents conducted by the authors. The methodological basis of the study were philosophical views on life, death, and the right to certainty, formal-logical method (analysis, synthesis, induction, deduction, etc.), comparative, analytical, statistical, sociological methods of cognition, as well as a synergetic approach. Conclusions: The issue of legal regulation of euthanasia is multifactorial, socially conditioned, and requires a positive action of the state both in terms of regulation and/or prohibition, and the proper provision of citizens with health care. Legislative support for the human right to a “dignified death” is dictated, to some extent, by society’s demand, which must be finally resulted in the draft law. As for Ukraine, the adoption of such a law is obviously premature. Although according to a survey of citizens on euthanasia and the feasibility of introducing such a law in Ukraine, 57% are positive about the experience of other countries, and 41% were in favor of adopting a law in Ukraine, it is not possible to assess their opinion due to ignorance of legislation where euthanasia is allowed.
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Oddie, Graham. "The Moral Case for the Legislation of Voluntary Euthanasia." Victoria University of Wellington Law Review 28, no. 1 (March 2, 1998): 207. http://dx.doi.org/10.26686/vuwlr.v28i1.6081.
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If a person is suffering from some illness or disability and wishes to end their We the lawought to facilitate rather than frustrate that choice argues Graham Oddie in this article. Hepoints out the inconsistencies in current medical practice, and the gross disparity between the practice and the letter of the law. In dismissing many of the commonly raised objections to calls for reform of the law permitting euthanasia he makes a strong case for consistency in our approach to the right to die and patient autonomy.
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O'Connor, Margaret M., Roger W. Hunt, Julian Gardner, Mary Draper, Ian Maddocks, Trish Malowney, and Brian K. Owler. "Documenting the process of developing the Victorian voluntary assisted dying legislation." Australian Health Review 42, no. 6 (2018): 621. http://dx.doi.org/10.1071/ah18172.
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Many countries across the world have legislated for their constituents to have control over their death. Commonalities and differences can be found in the regulations surrounding the shape and practices of voluntary assisted dying (VAD) and euthanasia, including an individual’s eligibility and access, role of health professions and the reporting. In Australia there have been perennial debates across the country to attempt legislative change in assisting a terminally ill person to control the ending of their life. In 2017, Victoria became the first state to successfully legislate for VAD. In describing the Victorian process that led to the passage of legislation for VAD, this paper examines the social change process. The particular focus of the paper is on the vital role played by a multidisciplinary ministerial advisory panel to develop recommendations for the successful legislation, and is written from their perspective. What is known about the topic? VAD has not been legal in an Australian state until legislation passed in Victoria in 2017. What does this paper add? This paper describes how the legislation was developed, as well as the significant consultative and democratic processes required to get the bill to parliament. What are the implications for practitioners? In documenting this process, policy makers and others will have an understanding of the complexities in developing legislation. This information will be useful for other Australian jurisdictions considering similar legislative changes.
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Golijan, Iva. "Ethical and legal aspects of the right to die with dignity." Filozofija i drustvo 31, no. 3 (2020): 420–39. http://dx.doi.org/10.2298/fid2003420g.
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The issue of euthanasia presents a contact area of ethics, law, and politics. This text provides a contribution to the expert public debate on the introduction of euthanasia into Serbian legislation. It does so first by clarifies the term - euthanasia (as a right to die with dignity). Further, it considers the obligations of other persons that arise from this right and the conditions under which they present a restriction on personality rights. By citing examples from the fields of ethics and law, the text states that the distinction between active and passive euthanasia is in fact a product of inadequate deliberation during the implementation of this differentiation.
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Duguet. "Euthanasia and Assistance to End of Life Legislation in France." European Journal of Health Law 8, no. 2 (2001): 109–23. http://dx.doi.org/10.1163/15718090120523448.
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Gevers, Sjef. "Evaluation of the Dutch Legislation on Euthanasia and Assisted Suicide." European Journal of Health Law 14, no. 4 (2007): 369–79. http://dx.doi.org/10.1163/092902707x263553.
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Mirevska, Ivana. "Ethics and legal aspects of the right to die with dignity." Megatrend revija 18, no. 2 (2021): 213–30. http://dx.doi.org/10.5937/megrev2101213m.
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Euthanasia is in liaison with ethics and law. This paper, which aims to contribute to the expert public debate on the introduction of euthanasia into Serbian legislation, the term terminology - euthanasia (as the Right to Die with Dignity) is the first to have been terminologically clarified. Furthermore, the text considers the obligations of other persons, arising out of this right and under what conditions the obligations of other persons arising from the said right constitute a restriction of their personality rights. By citing examples in the field of ethics and law, the text notes that the distinction between active and passive euthanasia is in fact a product of inadequate thinking in the implementation of this distinction. Based on the ethical argumentation of the double effect, also the text points to the inadequacy of the ethical approach in the function of legal regulation of the problem of euthanasia. Using abundant literature, which, from the legal and ethical point of view, problematizes euthanasia, the author has come to conclusion that the right to dignity is a social value that needs to be lawfully formulated, so that possible abuses can be prevented - and at the same time avoiding burdening the burden of responsibility to other persons (whether or not these are subjects of the judiciary or medicine), who should implement the patient's desire to die with dignity. Also, the author sought to base this article on the belief that Serbian legislation should legally shape the conditions for active direct euthanasia.
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Nys, Herman. "Recent Developments in Health Law in Belgium." European Journal of Health Law 13, no. 2 (2006): 95–99. http://dx.doi.org/10.1163/157180906777831145.
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AbstractAfter the turbulent years 2002, 2003 and 2004 the Belgian health law seems to have reached calmer water. Indeed, after a quiet 2005, 2006 does not seem to have much to offer either. However, as will be shown in this article, this may be a wrong impression. There is a growing uneasiness with two important pieces of legislation that have been approved by Parliament in 2002: the act on euthanasia and the act on the rights of patients. This has resulted in debates and discussions that may finally lead to new legislation in the coming years.
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Helme, Tim. "“A Special Defence”: A Psychiatric Approach to Formalising Euthanasia." British Journal of Psychiatry 163, no. 4 (October 1993): 456–66. http://dx.doi.org/10.1192/bjp.163.4.456.
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Domestic and world opinion is gradually changing towards the idea of tolerating or even legalising active euthanasia. The implications of this are examined using Foulke's concept of the ‘levels' in group discussions. Psychiatrists have a unique experience in using the statutory mental health legislation, in addition to the ordinary law, to regulate medical care. A new ‘special defence’ is suggested, to be enacted by Parliament, intended to justify, but also designed to control, deliberate acts of medical euthanasia.
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Persson, Kirsten, Felicitas Selter, Gerald Neitzke, and Peter Kunzmann. "Philosophy of a “Good Death” in Small Animals and Consequences for Euthanasia in Animal Law and Veterinary Practice." Animals 10, no. 1 (January 13, 2020): 124. http://dx.doi.org/10.3390/ani10010124.
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Moral stress is a major concern in veterinary practice. Often, it is associated with the challenges in end-of-life situations. Euthanasia, however, is also meant to bring relief to animal patients and their owners. The reasons for the moral strain euthanizing animals causes to professional veterinarians need to be further clarified. This article investigates “euthanasia” from a philosophical, legal, and practical perspective. After introducing relevant aspects of euthanasia in small animal practice, the term is analyzed from an ethical point of view. That includes both a broad and a narrow definition of “euthanasia” and underlying assumptions regarding different accounts of animal death and well-being. Then, legal and soft regulations are discussed with regard to the theoretical aspects and practical challenges, also including questions of personal morality. It is argued that the importance of ethical definitions and assumptions concerning euthanasia and their intertwinement with both law and practical challenges should not be neglected. The conclusion is that veterinarians should clarify the reasons for their potential discomfort and that they should be supported by improved decision-making tools, by implementation of theoretical and practical ethics in veterinary education, and by updated animal welfare legislation.
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Horn, Ruth. "The ‘French exception’: the right to continuous deep sedation at the end of life." Journal of Medical Ethics 44, no. 3 (October 22, 2017): 204–5. http://dx.doi.org/10.1136/medethics-2017-104484.
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In 2016, a law came into force in France granting terminally ill patients the right to continuous deep sedation (CDS) until death. This right was proposed as an alternative to euthanasia and presented as the ‘French response’ to problems at the end of life. The law draws a distinction between CDS and euthanasia and other forms of sympton control at the end of life. France is the first country in the world to legislate on CDS . This short report describes the particular context and underlying social values that led to this piece of legislation, and explores its meaning in the wider French context.
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Brereton, David. "‘Real Rape’, Law Reform and The Role of Research: The Evolution of the Victorian Crimes (Rape) Act 1991." Australian & New Zealand Journal of Criminology 27, no. 1 (June 1994): 74–94. http://dx.doi.org/10.1177/000486589402700110.
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This paper provides a brief history of the Victorian Crimes (Rape) Act 1991 and examines the role which social science research played in the development of this legislation. The Crimes (Rape) Act was modelled closely on a report of the Law Reform Commission of Victoria. In preparing this report, the Commission undertook a comprehensive quantitative study of rape prosecutions in Victoria, as well as drawing on empirical studies from other jurisdictions. The paper concludes that the impact of the research on the development of the legislation was limited by a number of factors: the decision-making process was relatively unstructured, involved a large number of players, was highly politicised, and had a high symbolic content. However, the collection and dissemination of reliable data did take some of the heat and hyperbole out of the debate, and thereby facilitated a more constructive dialogue. This factor alone made the research worthwhile, given that the rape law reform had in the past been a highly divisive issue in Victoria.
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Cleemput, Jasper, and Birgitte Schoenmakers. "Euthanasia in the case of dementia: a survey among Flemish GPs." BJGP Open 3, no. 4 (November 26, 2019): bjgpopen19X101677. http://dx.doi.org/10.3399/bjgpopen19x101677.
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BackgroundIn Belgium law prohibits euthanasia at the end stage of dementia when patients are no longer able to formulate their will. The number of applications for euthanasia based on dementia is low, but patients and their relatives are searching for access to euthanasia.AimThis study assessed the opinions of GPs facing requests for euthanasia in patients with dementia.Design & settingA cross-sectional survey was performed in general practice. Flemish GPs were invited by email to participate in the study.MethodGPs were reached through the regional GP association and the online survey was open for 4 weeks. The data were then anonymised, analysed, and interpreted. The outcome of interest addresses opinions of Flemish GPs regarding euthanasia in patients with dementia.ResultsA total of 113/308 doctors participated. It was found that 69% agreed that euthanasia in patients without dementia is more acceptable than in patients with dementia. When patients with dementia had concomitant diseases, 59% stated that euthanasia was more acceptable than when patients were ‘healthy’. It was also found that 56% agreed the euthanasia law needs adjustments towards patients with dementia. Legal adjustments were supported more by GPs of a younger generation. Non-religious doctors were twice as likely to be in favour of legal adjustments than their religious colleagues; 51% believed that the ability of patients to repeat their will is essential; while 72% of GPs feared pressure from relatives to follow the declaration of will.ConclusionThe Belgian GP has an open attitude towards euthanasia for patients with dementia. There was a willingness to perform euthanasia as the stage of dementia worsened and in cases of terminal conditions. Debate, education, and experience will influence opinion and the legislation process.
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Downie, Jocelyn. "Permitting Voluntary Euthanasia and Assisted Suicide: Law Reform Pathways for Common Law Jurisdictions." QUT Law Review 16, no. 1 (March 11, 2016): 84. http://dx.doi.org/10.5204/qutlr.v16i1.613.
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<p><em><span style="font-family: Times New Roman; font-size: medium;">End of life law and policy reform is the subject of much discussion around the world. This paper explores the pathways to permissive legal regimes that have been tried in various common law jurisdictions. These include legislation, prosecutorial charging guidelines, court challenges, jury nullification, the exercise of prosecutorial discretion in the absence of offence-specific charging guidelines, and the exercise of judicial discretion in sentencing. In this paper, I describe these pathways as taken (or attempted) in five common law jurisdictions (USA, UK, Australia, New Zealand, and Canada) and reflect briefly on lessons that can be drawn from the recent experiences with law reform in Canada. Through its bird’s eye view, it highlights the remarkable number and variable nature of past attempts at law reform and suggests a shifting tide. It debunks some common myths that have either limited or stymied reform in the past. Finally, it illuminates jurisdictional similarities and differences and lessons learned by those who have gone before so as to inform choices about pathways to pursue for those who will seek to advance a law reform agenda in the future.</span></em></p>
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Kelleher †, Michael J., Derek Chambers, Paul Corcoran, Helen S. Keeley, and Eileen Williamson. "Euthanasia and Related Practices Worldwide." Crisis 19, no. 3 (May 1998): 109–15. http://dx.doi.org/10.1027/0227-5910.19.3.109.
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The present paper examines the occurrence of matters relating to the ending of life, including active euthanasia, which is, technically speaking, illegal worldwide. Interest in this most controversial area is drawn from many varied sources, from legal and medical practitioners to religious and moral ethicists. In some countries, public interest has been mobilized into organizations that attempt to influence legislation relating to euthanasia. Despite the obvious international importance of euthanasia, very little is known about the extent of its practice, whether passive or active, voluntary or involuntary. This examination is based on questionnaires completed by 49 national representatives of the International Association for Suicide Prevention (IASP), dealing with legal and religious aspects of euthanasia and physician-assisted suicide, as well as suicide. A dichotomy between the law and medical practices relating to the end of life was uncovered by the results of the survey. In 12 of the 49 countries active euthanasia is said to occur while a general acceptance of passive euthanasia was reported to be widespread. Clearly, definition is crucial in making the distinction between active and passive euthanasia; otherwise, the entire concept may become distorted, and legal acceptance may become more widespread with the effect of broadening the category of individuals to whom euthanasia becomes an available option. The “slippery slope” argument is briefly considered.
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Welsh, Susan F. "Crossing the Rubicon? Legal developments in assisted suicide." Advances in Psychiatric Treatment 20, no. 6 (November 2014): 369–77. http://dx.doi.org/10.1192/apt.bp.113.011668.
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SummaryUK law on assisted suicide and euthanasia is very clear: it is unlawful. However, there have been successive proposals for changes to legislation in this area (in England and Scotland) and a series of individual challenges to current legislation in the courts. This article does not seek to debate the profound ethical arguments that surround this emotive subject, but instead to portray how the law, through court judgment and legislative proposals, has wrestled with opposing views, particularly over the past decade or so, as the impact of the Human Rights Act has presented unique challenges. Some of our closest European neighbours have diverse legislation that could influence our own legislature, and, from across the Atlantic, the Oregon Death with Dignity Act is being mirrored in proposals to change the law in the UK.Learning Objectives•Be able to recognise the impact of the Human Rights Act on challenges to legislation relating to assisted suicide.•Understand proposals for statute.•Appreciate how certain other countries legislate in this area.
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Nikitenko, L. O., and M. K. Babyk. "The right to euthanasia in the context of the realization of the right to life." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 65–68. http://dx.doi.org/10.24144/2307-3322.2021.65.11.
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The article examines the concept of euthanasia, the main scientific doctrines, which determine the attitude of legal experts to this phenomenon, and the reasons for the theory about the need to establish the right to euthanasia as the form of realization of the right to die in Ukrainian legislation and at the international level.Theproblemofthecontroversy of the concept that recognizes the existence of the fourth generation of human rights to which the right to euthanasia belongs is covered. It is determined that there are some disputes in scientific circles caused by theemergence of a new generation of rights. It is also determined that the new generation of rights is quite debatable, as it destroys the established classification of human rights.The concept of euthanasia is studied, the main distinguishing features between active and passive forms of the implementation of this phenomenon are characterized. It is identified that the majority of disputes about euthanasia legalizing is related to the implementation of its active form.
Based on the research of scientists’ positions from different fields of science on the possibility of legalizing euthanasia, the two main views have been identified: for legalizing euthanasia and against it.It has been found that the basis for the difference of opinion on this issue is the controversy of the right to euthanasia in the context of the constitutional human right to life.The case-law of the European Court of Human Rights in issues related to euthanasia is analyzed. The comparison of the two decisions of the Court has been made and on this basis the peculiarities of the regulation of this problem in the international arena are clarified.The positive and negative aspects of the implementation of the right to euthanasia are analyzed.The possibility of establishng the right to die at the state and international levels is considered, its contradiction to the right to life, which is enshrined in the Constitution of Ukraine, as well as in the Declaration of Human and Civil Rights, is justified. The emphasis is placed on the need to develop medicine in order to prevent cases that could lead to the use of euthanasia.Taking into consideration the number and importance of negative factors in euthanasia implementation and the general unwillingness of society to legalize such a right, the conclusion that justified the inadvisability of enshrining the right to euthanasia in the legislation of Ukraine has been developed.
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Pakes, Francis. "Under Siege: The Global Fate of Euthanasia and Assisted-Suicide Legislation." European Journal of Crime, Criminal Law and Criminal Justice 13, no. 2 (2005): 119–35. http://dx.doi.org/10.1163/1571817054300594.
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Balcom, Sarah. "Legislating a Solution to Animal Shelter Euthanasia: A Case Study of California's Controversial SB 1785." Society & Animals 8, no. 2 (2000): 129–50. http://dx.doi.org/10.1163/156853000511041.
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AbstractOn September 22, 1998, California Governor Pete Wilson signed Senate Bill 1785 into law, dramatically affecting the entire California animal sheltering community. Dubbed the "Hayden law" by the animal protection community after the bill's sponsor, it represents the state of California's attempt to legislate a solution to both the companion animal overpopulation problem and the friction between the agencies trying to end it. The persistence of the bill's primary supporters, a Los Angeles veterinarian and a UCLA law school professor and the overall lack of opposition to it helped SB 1785 sail through the California legislature. Because of the scope of the bill and the immense cost of implementation, its passage shocked many in the sheltering community. This case study highlights the consequences of legislation that was crafted based on worse case scenarios and over which there was little collaborative effort. It concludes with suggestions that might be useful to other states contemplating similar such legislation.
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Balcom, Sarah A. "Legislating a Solution to Animal Shelter Euthanasia: A Case Study of California's Controversial SB 1785." Society & Animals 8, no. 1 (2000): 129–50. http://dx.doi.org/10.1163/156853000x00093.
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AbstractOn September 22, 1998, California Governor Pete Wilson signed Senate Bill 1785 into law, dramatically affecting the entire Califomia animal sheltering community. Dubbed the "Hayden law" by the animal protection community after the bill's sponsor, it represents the state of Califomia's attempt to legislate a solution to both the companion animal overpopulation problem and the friction between the agencies trying to end it.The persistence of the bill's primary supporters, a Los Angeles veterinarian and a UCLA law school professor and the overall lack of opposition to it helped SB 1785 sail through the California legislature. Because of the scope of the bill and the immense cost of implementation, its passage shocked many in the sheltering community.This case study highlights the consequences of legislation that was crafted based on worse case scenarios and over which there was little collaborative effort. It concludes with suggestions that might be useful to other states contemplating similar such legislation.
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Eliseeva, G. V. "Euthanasia: Domestic and Foreign Experience of Legal Regulation." Siberian Law Review 19, no. 1 (April 25, 2022): 23–38. http://dx.doi.org/10.19073/2658-7602-2022-19-1-23-38.
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The article discusses various approaches to the premature discontinuing of the life of a terminally ill patient both at the state and international level. The purpose of this study is to revise the previously established approach to the use of euthanasia in the Russian Federation. A different view of the use of euthanasia is necessary, among other things, because in some cases, only the premature termination of a person's life may be the only way to end his suffering from a vain struggle with an incurable disease. The difficulties associated with the use of the euthanasia procedure over a long time period are a topic of discussion for many scientists. The relevance of this topic is emphasized by the rapidly changing views on the possibility of using euthanasia from an ethical point of view. More and more international organizations are expressing their own views on euthanasia and assisted suicide. As for the legal order of individual states, there is a tendency to use one of three approaches to ending the suffering of a patient by causing death: the first approach is characterized by a prohibition on the use of euthanasia under the threat of criminal punishment and qualifying such an act as murder in the absence of a special corpus delicti; in the second approach, euthanasia is also a criminal offense, however, the criminal law of states using this approach establishes a special offense that provides for a milder punishment than murder; in the third approach, the law provides for the right to use euthanasia. The article provides a comparative analysis of the euthanasia procedure used in Belgium and the assisted suicide procedure used in Switzerland. In addition, the point of view of the European Court of Human Rights on the issues under consideration is given. The main research method is the analysis of scientific literature on the research topic, the analysis of normative acts of domestic and foreign legislation, a comparative analysis of the legal order of states that carry out various approaches to the application of the euthanasia procedure.
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Renwick, Samantha. ""Responsibility" to Provide: Family Provision Claims in Victoria." Deakin Law Review 18, no. 1 (August 1, 2013): 159. http://dx.doi.org/10.21153/dlr2013vol18no1art61.
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Family provision legislation was introduced in Victoria in 1906 to allow the court to order provision from the estate of a deceased person whose will did not make adequate provision for the proper maintenance and support of a person for whom the deceased had a moral duty to provide. The first version of the legislation allowed only widows and children to claim; it underwent little reform until 1997 when a major amendment to the Administration and Probate Act 1958 (Vic) removed the statutory list of eligible applicants, and replaced it with the jurisdictional question, ‘Did the deceased have a responsibility to provide?’ This in theory means that ‘anyone’ can make a claim, including those without a close family relationship with the deceased. This article examines a selection of judgments handed down under the new provisions, with the aim of showing the range of applicants who are now eligible to apply and examining the particular features of their relationship with the deceased that determined the success of their claims. This is in light of the current Victorian Law Reform Commission Inquiry into Succession Law that questions whether eligibility should be limited to certain types of relationship, and whether costs should continue to be paid out of the estate.
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Montanari Vergallo, Gianluca. "The Marco Cappato and Fabiano Antoniani (dj Fabo) Case Paves the Way for New Assisted Suicide Legislation in Italy: An Overview of Statutes from Several European Countries." European Journal of Health Law 26, no. 3 (June 19, 2019): 221–39. http://dx.doi.org/10.1163/15718093-12261428.
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Abstract The article looks into the case involving Fabiano Antoniani, who, following a major road accident, was left tetraplegic. Marco Cappato drove him to a Swiss clinic where Mr. Antoniani took his own life by self-administration of lethal pentobarbital sodium. Cappato was put on trial, but the Italian Constitutional Court urged the Parliament to decriminalise assisted suicide in extremely serious cases. From a comparison with other European countries, approaches range from restrictive (banning both active euthanasia and assisted suicide), to entirely permissive. An intermediate approach only entails a ban on active euthanasia. It would be desirable to uniformise the diverse national statutes on a European level, which would make it possible for everyone to receive assistance towards ending their suffering, with limitations to incurable cases to be medically verified, and at the end of a path designed to ensure that patient freedom of choice is upheld at all time.
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A. Siregar, Rospita. "Eutanasia dan Hak Asasi Manusia." to-ra 1, no. 3 (January 5, 2016): 193. http://dx.doi.org/10.33541/tora.v1i3.1145.
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A patient who is suffering from terminal illness and an incurable condition has the possibility to propose to end his/ her life by lethal injection or suspending the medical treatment. This practice is known as euthanasia. Euthanasia is forbidden because it is categorized as homicide and consequently the perpetrator is punishable by criminal law. This reviewdiscusses (1) How is euthanasia legislation in Indonesian positive laws (2) How is euthanasia viewed from human rights perspective (3) How euthanasia is eligislated and conducted in some European countries. To analyze the afore mentioned problems, the writer conducts research by legal normative approach which is implemented in the thorough study of written regulation, official documents and related literatures. The writer finds tha Euthanasia is regarded as criminal act in Indonesia because it is a form of crime against life which stipulated in the Article 344 of the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana/ KUHP):”Anyone who takes life of others which is clearly done with an intention is punishable by imprisonment for maximum twelve years”. The Declaration of Human Rights has stipulated the “right to life” which is fundamental and inherent in the nature of human being, universally acknowledge and an eternal endowment from The God. However, there are no any stipulations on-- the right to die and therefore euthanasia is a violation of human rights and against the principle of believing in one God. But, the right to die is already stipulated in some laws of developed countries, such as some countries in Europe
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Kyrsanova, Maryna. "The right to euthanasia in the context of the right to life guaranteed by the European Convention of human rights." Law and innovations, no. 2 (30) (June 2, 2020): 105–10. http://dx.doi.org/10.37772/2518-1718-2020-2(30)-16.
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Problem setting. Increasingly, European countries are legalizing euthanasia nationally. At the same time, this issue is a circle for scientific debate, as some experts believe that it is a natural human right that can be disposed of at its discretion. Others emphasize that no one can interrupt a person’s life, even herself. In order to summarize all positions and to determine unanimity on certain aspects of euthanasia, it is necessary to refer to the provisions of the European Convention of Human Rights, which in art. 2 proclaims the right to life and the case law of the European Court of Human Rights, which has argued for the possibility of a “right to die” as part of the right to life. The purpose. Analysis of the legal position of the European Court of Human Rights regarding the possibility of applying the euthanasia procedure, exploring the prospects of introducing this procedure into the national law. Analysis of recent research and publications. The problem of euthanasia is a matter of debate in the scientific community. This topic was researched by А.В. Malko, AS Nikiforova, O.V Khomchenko, I.O Koval, O.M Mironets, O.A Miroshnichenko, Yu.S. Romashova, K. Basovskaya, Yu.M. Rybakova, O.M Shchokin, S.V Chernichenko. Article’s main body. In science will distinguish 2 types of euthanasia - active and passive. Active euthanasia involves actions aimed at ending the life of a sick person, for example, by administering a lethal injection. Passive euthanasia involves discontinuation of medical care for a patient at his will, which in the future leads to death. Considering the issue of passive euthanasia, the European Commission concluded that it could not be interpreted art. 2 of the Convention as such, which gives the right to death, but everyone has the right to dispose of his life by giving appropriate instructions in the event of an incurable disease.. The issue of the “right to die”, the right to active euthanasia has been resolved in the case of Pritty v. The United Kingdom. The European Court of Human Rights in this case was not convinced that the “right to life” guaranteed by Article 2 of the Convention could be interpreted negatively. As for Ukraine, euthanasia in our country is being prosecuted and considered a crime. In particular, according to the Fundamentals of Healthcare Legislation, medical professionals are prohibited from taking deliberate actions aimed at ending the life of a patient who is terminally ill to end his or her suffering. The Civil Code of Ukraine contains a similar warning about the prohibition to deprive a person of his life at his request. Conclusions.The European Court of Human Rights does not consider that the content of art. 2 of the Convention it is possible to derive the “right to die”. This right does not come from the right not life, is not an independent right, can not be a fundamental right, to which all the guarantees of art. 2 of the Convention. With regard to passive euthanasia, the ECtHR does not, in fact, prohibit it; it proceeds from the human right to dispose of one’s life. Speaking about the introduction of the euthanasia procedure in the national legal order, the ECtHR did not give a clear assessment on this issue. In fact, the ECtHR has taken the position that it is not entitled to assess national legislation in terms of introducing effective mechanisms to protect their citizens’ right to life.
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Chen, Bruce. "The Human Rights Act 2019 (Qld): Some perspectives from Victoria." Alternative Law Journal 45, no. 1 (January 14, 2020): 4–11. http://dx.doi.org/10.1177/1037969x19899661.
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The Human Rights Act 2019 (Qld) is modelled on Victoria’s dialogue model for human rights protection, the Charter of Human Rights and Responsibilities Act 2006 (Vic). This article provides a Victorian perspective on the operative provisions of Queensland’s Human Rights Act, particularly those which bind public entities, courts and tribunals when applying legislation (sections 13, 48, 58 and 59). The potential impacts of amendments by the Act to the Corrective Services Act 2006 (Qld) and Youth Justice Act 1992 (Qld) are also considered.
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BELIKOVA, KSENIA. "SOME ASPECTS OF LEGAL AND MORAL & ETHICAL BASIS OF EUTHANASIA IN INDIA AND SOUTH AFRICA (EXPERIENCE OF THE BRICS COUNTRIES)." Sociopolitical sciences 10, no. 4 (September 30, 2020): 76–84. http://dx.doi.org/10.33693/2223-0092-2020-10-4-76-84.
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This article is aimed at identifying of legal framework and ethical problems of euthanasia in two of the five BRICS countries belonging to the Anglo-Saxon system of law - India and South Africa. In this format, the article analyzes the approaches of these countries that create patterns of admissibility of euthanasia, its potential and ethical and legal basis for today, based on analytical reflections on the information gathered from sources and literature from the list of sources and literature. The relevance of this research is due to the fact that a number of approaches to legislation and the judicial acts under study can be useful in finding answers to similar questions related to euthanasia on our, Russian legal order. The analyzed ethical and legal experience is reflected both in historical (1986, 1996, 2011) and in new (2015, 2018) judicial acts. Thus, this study serves to fill the existing gap. The author’s results are presented in the identified partial similarity of approaches based on adherence to the Anglo-Saxon system of law, and differences in the understanding of the grounds for the permissibility of euthanasia. The theoretical and practical significance of the results obtained is determined by the fact that Russian readers will be provided with up-to-date scientific information about the state of the Indian and South African approaches in the field under study, which in practical terms will contribute to understanding the gap (or lack thereof) with the approaches of Russian researchers and practitioners (lawyers, etc.).
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Bélanger, Emmanuelle, Anna Towers, David Kenneth Wright, Yuexi Chen, Golda Tradounsky, and Mary Ellen Macdonald. "Of dilemmas and tensions: a qualitative study of palliative care physicians’ positions regarding voluntary active euthanasia in Quebec, Canada." Journal of Medical Ethics 45, no. 1 (October 30, 2018): 48–53. http://dx.doi.org/10.1136/medethics-2017-104339.
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ObjectivesIn 2015, the Province of Quebec, Canada passed a law that allowed voluntary active euthanasia (VAE). Palliative care stakeholders in Canada have been largely opposed to euthanasia, yet there is little research about their views. The research question guiding this study was the following: How do palliative care physicians in Quebec position themselves regarding the practice of VAE in the context of the new provincial legislation?MethodsWe used interpretive description, an inductive methodology to answer research questions about clinical practice. A total of 18 palliative care physicians participated in semistructured interviews at two university-affiliated hospitals in Quebec.ResultsParticipants positioned themselves in opposition to euthanasia. Their justifications were framed within their professional commitment to not hasten death, which sat in tension with the value of patients’ autonomy to choose how to die. Participants described VAE as unacceptable if it impeded opportunities to evaluate and alleviate suffering. Further, they contested government rhetoric that positioned VAE as a way to improve end-of-life care. Participants felt that VAE would diminish the potential of palliative care to relieve suffering. Dilemmas were apparent in their narratives, about reconciling respect for patient autonomy with broader palliative care values, and the value of accompanying and not abandoning patients who make requests for VAE while being committed to neither prolonging nor hastening death.ConclusionsThis study provides insight into nuanced positions of experienced palliative care physicians in Quebec and confirms expected tensions between an important stakeholder and the practice of VAE as guided by the new legislation.
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Hiscox, Wendy E. "Physician-Assisted Suicide in Oregon: The ‘Death with Dignity’ Data." Medical Law International 8, no. 3 (September 2007): 197–220. http://dx.doi.org/10.1177/096853320700800301.
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Pressure to permit voluntary euthanasia and/or physician-assisted suicide is mounting in several jurisdictions around the world. The state of Oregon, which legalised physician-assisted suicide in 1997, provides valuable guidance on the feasibility of effective regulation. The Oregon experience provides the focus of this article. The article comprises two parts. Part I critically analyses the Oregon Death with Dignity Act and evaluates the adequacy of the legislative safeguards. Part II examines the implementation of the Death with Dignity Act. It outlines the significant official findings since physician-assisted suicide was legalised, and calls attention to worrisome aspects and identifiable trends. It then provides an overall assessment of the legislation in light of the available empirical data.
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van Leeuwen, Barend. "Euthanasia and the Ethics of Free Movement Law: The Principle of Recognition in the Internal Market." German Law Journal 19, no. 6 (November 2018): 1417–36. http://dx.doi.org/10.1017/s2071832200023099.
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AbstractThe free movement provisions enable EU citizens to follow their own ethical preferences by going to a Member State that has made a different ethical choice from their home Member State. However, UK citizens who have assisted suicide or euthanasia abroad could be criminally prosecuted on their return to England. This possibility of a criminal prosecution constitutes a restriction on free movement. Nevertheless, the free movement provisions have so far not been used to challenge the English prohibition of euthanasia. The aim of this article is to show that, based on its ultimate aim, free movement law does have a legitimate role to play in ethical issues. The internal market is based on a principle of recognition, which forces Member States to engage with regulatory choices made by other Member States. This also applies to ethical issues. Member States are not required to justify the existence of different ethical choices. However, if they decide to restrict free movement, they have to be able to show that these differences in fact exist. This approach achieves a balance between the right of citizens to make their own ethical choices, and the ability of Member States to protect their legislation on ethical issues.
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BUIJSEN, MARTIN. "A Life Fulfilled: Should There Be Assisted Suicide for Those Who Are Done with Living?" Cambridge Quarterly of Healthcare Ethics 27, no. 3 (May 30, 2018): 366–75. http://dx.doi.org/10.1017/s0963180117000755.
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Abstract:The issue of assisted suicide for those with a “fulfilled life” is being hotly debated in the Netherlands. A large number of Dutch people feel that elderly people (i.e., people who have reached the age of 70) with a “fulfilled life” should have access to assisted suicide. Citizens have therefore requested Parliament to expand the existing legislation that governs euthanasia and physician-assisted suicide. The Dutch constitution does not permit national legislation to be incompatible with higher international (human rights) law. An analysis of the case law of the European Court of Human Rights shows that a person’s right to decide on the time and manner of his or her death should be regarded as an aspect of the right to privacy. Although no positive obligation has been imposed on parties to the European Convention for the Protection of Human Rights and Fundamental Freedoms to facilitate suicide, they may do so, provided that certain conditions are met.
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Butler, Andrew S. "Strengthening the Bill of Rights." Victoria University of Wellington Law Review 31, no. 1 (April 3, 2000): 129. http://dx.doi.org/10.26686/vuwlr.v31i1.5975.
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This article was presented as a Victoria University of Wellington Centennial Lecture during Law Festival week in 1999. The author critically examines two aspects of the current operational structure of the New Zealand Bill of Rights Act 1990—the subordination of the Bill of Rights to all enactments (section 4) and the issue of "positive vets" of proposed legislation by the Attorney-General (section 7). The author identifies them as weaknesses, and makes suggestions as to possible improvements.
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Bates, Frank. "Some Impending Legal Problems for Social Workers." Children Australia 10, no. 4 (1986): 4–11. http://dx.doi.org/10.1017/s0312897000016623.
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AbstractMany areas of the law with which social workers are required to deal are particularly dynamic and, in order to meet the challenges they present, it is necessary to look ahead. Developments in the United States often provide a useful means of predicting developments in Australia. The paper examines three areas, proceedings, social security law, and mental health – where change is becoming, or likely to become, apparent, in the first topic, there has been a marked change in both the issues with which the courts have had to deal and the methodology which they have adopted to attempt to resolve them. In social security law, decisions of the Administrative Tribunal have illustrated anomalies and deficiencies in the legislation, and social workers in their daily practice may notice others. All of that might well lead to a necessary review of the legislation. In the area of mental health legislation, a draft bill in Victoria contains a number of disquieting features which should cause social workers, as well as lawyers, concern. The paper concludes by noting that the legal relationship between social workers and the law has never been more subject to scrutiny in a wide variety of situations, and mutual respect between the two disciplines must continue to increase.
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Forsyth, Anthony. "Industrial legislation in Australia in 2016." Journal of Industrial Relations 59, no. 3 (May 22, 2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.
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After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and setting up a new agency to enforce enhanced governance and accountability standards for registered unions and employer organisations. Legislative amendments aimed at resolving the long-running bargaining dispute in Victoria’s Country Fire Authority are also considered, along with the Government’s muted response to the 2015 Productivity Commission review of the workplace relations framework. The article then examines developments at state level, including a major rewrite of Queensland’s industrial legislation, structural changes in New South Wales, and proposed changes to long service leave and the labour hire sector in Victoria. It concludes by noting the irony that just as the federal Government has tasted some success after a long legislative ‘dry spell’, its labour law reform agenda appears limited and piecemeal.
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Warner, Kate, Julia Davis, Caroline Spiranovic, Helen Cockburn, and Arie Freiberg. "Why sentence? Comparing the views of jurors, judges and the legislature on the purposes of sentencing in Victoria, Australia." Criminology & Criminal Justice 19, no. 1 (November 10, 2017): 26–44. http://dx.doi.org/10.1177/1748895817738557.
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In recent times, parliaments have introduced legislation directing judges to take defined purposes into account when sentencing. At the same time, judges and politicians also acknowledge that sentencing should vindicate the values of the community. This article compares the views on the purposes of sentencing of three major participants in the criminal justice system: legislators who pass sentencing statutes, judges who impose and justify sentences and jurors who represent the community. A total of 987 Australian jurors in the Victorian Jury Sentencing Study (2013–2015) were asked to sentence the offender in their trial and to choose the purpose that best justified the sentence. The judges’ sentencing remarks were coded and the results were compared with the jurors’ surveys. The research shows that, in this jurisdiction, the views of the judges, the jurors and the legislators are not always well aligned. Judges relied on general deterrence much more than jurors and jurors selected incapacitation as the primary purpose in only about a fifth of ‘serious offender’ cases where parliament has provided that community protection must be the principal purpose.
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Talan, Maria V., Anton E. Shalagin, and Almaz D. Idiyatullov. "Legal regulation of liability for offenses related to inducement to suicide: Domestic and foreign experience." Vestnik of Saint Petersburg University. Law 13, no. 4 (2022): 1078–98. http://dx.doi.org/10.21638/spbu14.2022.415.
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In this work, a team of authors tried to analyze the current state of legal regulation of acts related to suicide under Russian and foreign criminal legislation. For this, historical, comparative legal, comparative and systemic-structural methods were used. The study reflects the evolution of beliefs about suicide. It is noted that the legislation of more than 160 countries contains provisions on liability for criminal involvement in the suicide of another person. More than 38 legal systems do not mention suicide as a criminal institution. Particular attention is paid to five groups of crimes associated with suicide. The first group includes responsibility for attempted suicide, which is punishable in more than 24 countries around the world. The following contains a wide list of acts related to the inducement of suicidal behavior in the form of: driving to suicide or attempted suicide, inducement to commit suicide (incitement) or assistance in committing it (assistance, aiding, advice, consultation). The third group is made up of norms that consider these acts as one of the types of murder or incitement to it. The fourth group contains corpus delicti with responsibility for disseminating information about methods of committing suicide, promoting suicide and public calls for its implementation. The last group contains privileged compounds with responsibility for euthanasia. The article reveals the features of new types of criminal activity carried out by spreading suicidal ideology on the Internet, persuading children and adolescents to commit suicide by negative information impact and drawing them into computer games that pose a threat to life and health. The article reflects the relationship of suicide with cyberbullying, cyber-harassment, as well as with the illegal activities of destructive criminal organizations (sects), extremism and terrorism. The necessity of further improvement of criminal law mechanisms for protecting individuals from criminal encroachments and anti-suicidal measures is substantiated.
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Lugo, Murilo Aparecido Andrade, and Karine Cordazzo. "A EUTANÁSIA E O DIREITO DE ESCOLHA DO PACIENTE." Percurso Acadêmico 9, no. 18 (December 18, 2019): 174–93. http://dx.doi.org/10.5752/p.2236-0603.2019v9n18p174-193.
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Resumo: A Eutanásia em sua tradução Literal significa Boa Morte, e é um tema muito discutido na sociedade atual. Muitos acreditam que seja um ato de misericórdia para com o paciente que está sofrendo, outros que é um crime contra a vida. A proposta é que este trabalho estude e trate da Eutanásia, mais precisamente sobre o direito à prática da Eutanásia. Abordar-se-á no presente trabalho, a atual legislação e o anteprojeto (Projeto de Lei nº 236/12) do Código Penal, tipificando autonomamente a Eutanásia, por ser essa uma conduta revestida de sensibilidade e piedade, mas que apresenta uma série de pontos controversos, polêmicas e dúvidas. Aborda em seu principal escopo o direito sobre a vida e sobre a morte, quando e quais direitos devem triunfar, e razões, favoráveis ou contrárias a aplicabilidade da Eutanásia bem como aborda os conflitos constitucionais envolvendo tal tema no Brasil e quais são as possíveis soluções para tais conflitos. Além disso, há o estudo de quais países foram os pioneiros na legalização do instituto da Eutanásia, os motivos que levaram a essa legalização, os resultados provenientes da tipificação da Eutanásia nesses países e como podem servir de exemplo para que outros países sigam o mesmo caminho.
Foi realizada pesquisa bibliográfica em livros, revistas e artigos para a realização do presente trabalho.
Abstract: Euthanasia in its literal translation means Good Death, and is a much discussed topic in today's society. More crimes are an act of mercy towards the patient who is suffering, others that is a crime against life. The proposal is this work of study of Euthanasia, more precisely for the right to practice Euthanasia. The current legislation and draft law no. 236/12 of the Penal Code will be approached in this work, typifying autonomy euthanasia, because this is a program that is sensitive and pitiful but presents a series of controversial points, controversies and doubts. It addresses, in its main scope, the right to life and death, when and those that fall into the triumph, and the reasons, favorable or contrary to an application of euthanasia, as well as its constitutional approach such conflicts , the legalization of the euthanasia institute must be taken seriously, the reasons that lead to this legalization, the results of the euthanasia typing, and the possibility of serving the example for the other countries follow the same path.
The research was bibliographical in books, magazines and articles for the accomplishment of the present work.
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Hemming, Andrew. "Resolving the Application of the Christie Discretion in the Uniform Evidence Legislation." Federal Law Review 42, no. 3 (September 2014): 539–58. http://dx.doi.org/10.22145/flr.42.3.5.
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The application of s 137 of the uniform evidence legislation, which essentially restates the Christie discretion, has been thrown into confusion with the Supreme Courts of New South Wales and Victoria taking a restrictive and expansive interpretation respectively of the meaning of ‘probative value’ for the purpose of the weighting exercise between probative value and unfair prejudice. Definitive clarification of such an important and well known evidential principle, which could reasonably have been previously regarded as settled law, will most likely be postponed until a suitable case is heard by the High Court. This article seeks to anticipate such a judicial resolution of the application of s 137, by applying well-understood principles of statutory interpretation, to argue in favour of the Victorian expansive approach to the meaning of ‘probative value’ in the uniform evidence legislation.
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Taylor-Sands, Michelle M. "The Discriminatory Legal Barrier of Partner Consent in Victorian ART Law: EHT18 v Melbourne IVF." Medical Law Review 27, no. 3 (2019): 509–18. http://dx.doi.org/10.1093/medlaw/fwz010.
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Abstract In September 2018, the Federal Court of Australia found that a Victorian woman did not need her estranged husband’s consent to undergo in vitro fertilisation treatment (IVF) using donor sperm. The woman, who was 45 years of age, made an urgent application to the Court for permission to undergo IVF using donor sperm. In a single judge ruling, Griffiths J held that the requirement in the Assisted Reproductive Treatment Act 2008 (Vic) (‘ART Act’) for a married woman to obtain the consent of her husband discriminated against the woman in question on the basis of her marital status in contravention of the Commonwealth Sex Discrimination Act 1984 (Cth) (‘SD Act’). His Honour declared the Victorian law in this instance ‘invalid and inoperable’ by operation of section 109 of the Commonwealth Constitution to the extent it was inconsistent with the Commonwealth law. Although the declarations by the Federal Court were limited in their terms to the circumstances of the case, the judgment raises broader issues about equity of access to assisted reproductive treatment (ART) in Victoria. The issue of partner consent as a barrier to access to ART was specifically raised by an independent review of the ART Act in Victoria. The Victorian Government released an interim report late last year as a first stage of the review, which canvasses some options for reform. This raises a broader question as to whether prescriptive legislation imposing detailed access requirements for ART is necessary or even helpful.
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Dellora, Carlo. "As easy as riding a bike? How mandatory bicycle helmet laws may harm those who can least afford it." Alternative Law Journal 44, no. 3 (May 6, 2019): 214–19. http://dx.doi.org/10.1177/1037969x19846655.
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This work takes compulsory helmet laws in Victoria and considers them from a new angle – namely that of someone living with a disability. While much has been written on mandatory helmet laws in terms of their broader societal implications, little has been done on their impact on society’s most vulnerable such as the disabled, the impecunious and the mentally impaired. Drawing on the author’s time at the Melbourne Magistrates’ Court as a framework, this article analyses the existing state of the law and provides a critique of its shortcomings – prosecuting the argument that existing legislation can have an unexpected impact upon the marginalised in our community, particularly those with a cognitive impairment.
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O’Brien, Wendy, and Kate Fitz-Gibbon. "Can Human Rights Standards Counter Australia’s Punitive Youth Justice Practices?" International Journal of Children’s Rights 26, no. 2 (May 3, 2018): 197–227. http://dx.doi.org/10.1163/15718182-02602004.
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Recent practices in the administration of youth justice across Australian state and territory jurisdictions reveal a powerful tension between the punitive imperative of “tough on crime” political populism, and internationally agreed minimum standards relevant to the treatment of children. In questioning the extent to which human rights standards can and should be used as a useful tool to counter punitive youth justice practices, this article identifies major points of discrepancy between Australia’s international legal obligations and the doctrine and operation of domestic criminal law as it applies to children in conflict with the law. Examining youth justice “crises” in two Australian states, the Northern Territory and Victoria, the article concludes that while child rights are not directly justiciable in Australia, global standards on youth justice provide a unifying discourse that is resistant to the vagaries of populism, and which can guide reform for child rights compliant youth justice legislation and practice.
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Coverdale, Richard. "Postcode Justice: Rural and Regional Disadvantage in the Administration of the Law." Deakin Law Review 16, no. 1 (August 1, 2011): 155. http://dx.doi.org/10.21153/dlr2011vol16no1art98.
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The paper signposts a number of issues identified within the research project: Postcode Justice — Rural and Regional Disadvantage in the Administration of the Law. It highlights key areas in which regional Victorians experience disadvantage in access to justice system services in comparison to their metropolitan counterparts. Issues raised by interviewees and survey participants demonstrate inherent problems with the current delivery of justice system services, programs and processes in regional Victoria. Briefly explored within the paper is the relationship of ‘distance’ to the delivery of justice. The paper suggests that little consideration is given to the spatial disadvantage experienced by regional communities in the development of legislation or the implementation of justice system programs, practices and procedures. The paper also examines the Magistrates’ Court criminal court programs which embrace the principles of ‘problem solving courts’ and ‘therapeutic jurisprudence’. While they are important innovations, these programs have had limited roll-out to regional communities. In its conclusion the paper suggests that an independent and unified ‘voice’ is needed to ensure a genuine and informed response to the diverse areas in which inequity exists in the delivery of justice system services to regional communities.
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Farhall, Kate, and Niki Vincent. "Gender Inequality Laid Bare: Transparency as a Tool to Drive Progress, Ethical Leadership and Good Governance in Victoria." Law in Context. A Socio-legal Journal 37, no. 2 (August 28, 2021): 125–31. http://dx.doi.org/10.26826/law-in-context.v37i2.145.
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The state, in particular through its ability to enact legislation, has the capacity to either perpetuate or confront forms of systemic and structural disadvantage and inequality. Increasingly, transparency is being seen as key to designing effective equality law, and the ambitious new Gender Equality Act 2020 (Vic) (The Act) is a leading example. The Act seeks to break down outdated stereotypes and systemic inequalities—particularly those that relate to gender. Central to the design of the Act is its commitment to transparency. The Act mandates a level of organisational transparency about the advancement of gender equality that has not previously been required in the public sector in Victoria, or in the rest of Australia. This transparency underpins the ambitious objectives of the Act and is integral to the obligations it puts in place to drive progress towards gender equality. A focus on transparency serves four main purposes in accelerating the pace of change towards a more gender-equal society and providing leadership in this arena. Firstly, it functions as a practical tool to encourage knowledge-sharing and innovation along the path to gender equality. Secondly, transparent reporting of defined entities’ progress towards gender equality acts as a form of pressure to make material progress, instead of participating in box-ticking exercises. Thirdly, the transparency within the Act is a marker of ethical leadership, by democratising knowledge in this space. Lastly, a commitment to transparency is a sign of good governance; it both allows the public to access and interrogate public sector progress towards gender equality and ensures that government plays a leadership role in pushing for positive social change. The Gender Equality Act 2020 (Vic) is thus an example of how laying bares our challenges related to organisational gender equality can help drive progress towards a more gender-equal future.