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1
Davis, Gayle, et Roger Davidson. « “A Fifth Freedom” or “Hideous Atheistic Expediency” ? The Medical Community and Abortion Law Reform in Scotland, c.1960–1975 ». Medical History 50, no 1 (1 janvier 2006) : 29–48. http://dx.doi.org/10.1017/s0025727300000120.
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The purpose of the Medical Termination of Pregnancy Bill, published on 15 June 1966, was to amend and clarify the law relating to termination of pregnancy by a registered medical practitioner. When David Steel, a young Liberal MP from the Scottish Borders, put this bill forward, some suggested that a Scottish politician had no need to introduce abortion reform since Scots law was already satisfactory in this regard. Certainly, abortion law in Scotland was more flexible than its English counterpart, and the number of prosecutions few. The line between criminal and non-criminal abortion was, however, just as indistinct, with great medical uncertainty in this area. On becoming law, the 1967 Abortion Act was the first piece of abortion-related legislation to cover Scotland, England and Wales collectively. None the less, for a variety of legal and moral reasons, abortion policy and practice continued to differ on either side of the Border.
2
DeSanto, Marisa J., et Robert A. Bitonte. « Abortion Legislation : Unsafe ? Unconstitutional ? » Journal of Legal Medicine 40, sup1 (1 février 2020) : 5. http://dx.doi.org/10.1080/01947648.2020.1715724.
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Lyons, Donald. « Unappealing legislation ? » Advances in Psychiatric Treatment 16, no 6 (novembre 2010) : 438–39. http://dx.doi.org/10.1192/apt.bp.110.008524.
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SummaryThe deprivation of liberty safeguards apply to England and Wales. In Scotland, trends and uncertainties in the use of welfare guardianship (the equivalent action under Scottish law) provide a useful comparison. In both jurisdictions, there are risks to the rights of individuals.
4
Gutierrez-Romine, Alicia. « Abortion and the Law in California ». California History 99, no 1 (2022) : 10–29. http://dx.doi.org/10.1525/ch.2022.99.1.10.
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Though California is recognized for protecting women’s right to choose today, this was not always the case. Abortion was illegal in California, as it was in all other states in the late nineteenth and early twentieth centuries; over time, however, California witnessed a series of legal amendments and cases that pressed on its nineteenth-century statute—culminating in the decriminalization of abortion years before Roe v. Wade. This article begins with the history of California abortion legislation, then analyzes recent laws passed elsewhere in the United States, showing how these new laws simply repeat laws previously passed and discarded in California. This overview should prove helpful to citizens and legislators who wish their states to follow suit and protect choice.
5
Gevers, Sjef. « Abortion Legislation and the Future of the 'Counseling Model' ». European Journal of Health Law 13, no 1 (2006) : 27–40. http://dx.doi.org/10.1163/157180906777036355.
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AbstractThis article aims at further reflection on the 'counseling model'. It is based on the recent evaluation of the Dutch abortion act. How has this model worked in the Netherlands? What can be learned from that experience about its weak and strong sides, as well as about its suitability for the future, taking into account relevant medical and societal developments? In doing so, the article first elaborates on three models relating them also to the present legal situation in a number of European countries. A description of the Dutch act and a report on the results of the evaluation study which was carried out in the years 2004–2005 is given. Finally, on the basis of these findings, the author discusses the merits of the 'counseling model', also with a view to the future.
6
Nothdurft, John, et Hilary Astor. « Laughing in the Dark—Anti— Discrimination Law and Physical Disability in New South Wales ». Journal of Industrial Relations 28, no 3 (septembre 1986) : 336–52. http://dx.doi.org/10.1177/002218568602800302.
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Legislation in New South Wales proscribes discrimination, both direct and indirect, against people with disabilities. The coverage of the legislation is wide and includes dis crimination in all aspects of employment and the provision of education, accommo dation, goods and services, and in registered clubs. The procedures that must be followed by a person with a disability to establish that discrimination has taken place have, however, caused problems. This paper reviews the New South Wales legislation and its operation, particularly in relation to equal employment opportunity programmes and people with physical disabilities. It concludes with reconunendations for refining the law and the methods by which it is implemented.
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Calkin, Sydney, et Ella Berny. « Legal and non-legal barriers to abortion in Ireland and the United Kingdom ». Medicine Access @ Point of Care 5 (janvier 2021) : 239920262110400. http://dx.doi.org/10.1177/23992026211040023.
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This article compares abortion laws, regulations and access patterns in the United Kingdom and the Republic of Ireland. We focus in most detail on the Republic of Ireland, Northern Ireland and England with a shorter discussion of Scotland and Wales. We attend to the laws and legal reforms in each region but also consider the non-legal factors that restrict or facilitate abortion services in each place. In this article, we seek to illustrate the complex relationship between abortion law and abortion access, noting especially how non-legal barriers shape the way an abortion law functions for the people who live under it.
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Faúndes, Anibal, Rozana Martins Simoneti, Graciana Alves Duarte et Jorge Andalaft-Neto. « Factors associated to knowledge and opinion of gynecologists and obstetricians about the Brazilian legislation on abortion ». Revista Brasileira de Epidemiologia 10, no 1 (mars 2007) : 6–18. http://dx.doi.org/10.1590/s1415-790x2007000100002.
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INTRODUCTION: Unsafe abortion accounts for about 12% of maternal deaths in Brazil, although many of these women could meet the requirements for legal abortion in this country. Physicians' inappropriate knowledge of the law may be playing a role in this situation. OBJECTIVE: To evaluate which factors are associated with the level of information and the opinion of the Brazilian gynecologists-obstetricians concerning abortion laws. METHODS: Questionnaires (14.320) were sent to all physicians affiliated to the Brazilian Federation of Gynecology and Obstetrics Associations (FEBRASGO), and 30.2% were returned completed. RESULTS: Most of respondents showed a good knowledge of the situations in which abortion is allowed but not about the documents required to carry out a legal abortion. However, most of them knew about the need for a judicial order in case of abortion of malformed fetus. Knowledge was associated with age, number of children and years of practice. DISCUSSION AND CONCLUSIONS: Poor knowledge on the requirements to carry out an abortion within the law may be a main factor responsible for the lack of access to legal abortion in Brazil.
9
Chakraborty, Anogh, et Shubhayan Chakraborty. « The Reform of Abortion Law in India : A Critique ». Contemporary Challenges : The Global Crime, Justice and Security Journal 3 (28 septembre 2022) : 99–117. http://dx.doi.org/10.2218/ccj.v3.7103.
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After six consecutive years of discourse, India has finally passed the amendment to its Medical Termination of Pregnancy (MTP) Act of 1971. This paper addresses the problems that the 2021 Amendment may prove to be inadequate to resolve, considering the existing practical lacunae between the vision of the legislation and the implementation of the law. It analyses and conducts a study on the numerous socio-economic factors that relates to the nuances of unlawful abortions, the extent to which this amendment has been able to address such problems, and how effectively has the Judiciary been able to provide appropriate remedies in accordance with the jurisprudence of the law of abortion. The paper also deliberates on the viability of the prescribed specialised Medical Board in the present infirm medical infrastructure of the country. Furthermore, several crucial elements of the concerned legislation have been left to be addressed by the MTP Rules that is yet to be enacted. This paper, in order to provide suggestive measures for such voids, attempts to strike a balance between the right to personal liberty and the right to life of an unborn, placing reliance on a comparative evaluation of the laws regarding abortion above the gestation period in other jurisdictions. In conclusion, the paper appreciates the gradual progression of abortion law in India while establishing a nexus with the recent relevant legislative developments and the socio-political role of the debate between pro-choice and pro-life in the judicial decision-making.
10
Side, Katherine. « Abortion Im/mobility : Spatial Consequences in the Republic of Ireland ». Feminist Review 124, no 1 (mars 2020) : 15–31. http://dx.doi.org/10.1177/0141778919894891.
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In the context of Ireland’s new legislation governing abortion, I outline and examine the spatial consequences of political decision-making. I argue that Ireland’s new abortion law and its clinical guidance permit travel for some pregnant people but impose fixity on others. I analyse the spatial consequences of legal limitations, including non-medically necessary delays in care and medical control of medication abortions, that necessitate travel for abortion. I demonstrate how current laws fix some pregnant people in place, including diverse migrant populations within Ireland, with no possibilities for abortion-related travel. This critique of the ‘new’ law demonstrates the Irish state’s continued political and medical control of abortion.
11
Brodie, Douglas. « The employment contract and unfair contracts legislation ». Legal Studies 27, no 1 (mars 2007) : 95–109. http://dx.doi.org/10.1111/j.1748-121x.2006.00040.x.
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In 2005, the Law Commissions published a report reviewing unfair contracts legislation in the UK. Where the contract of employment was concerned, the Commissions were of the view that, in short, the status quo should remain. This paper seeks to appraise that position and considers whether an opportunity to bring forward beneficial reforms has been missed. The paper takes cognisance of the legislative scheme in New South Wales, which contains extensive powers where unfair contracts are concerned. It is suggested that, in the UK, the two key issues which need to be addressed are contracting-out and terms which may be substantively unfair.
12
Stark, Shona Wilson. « NORTHERN IRELAND'S ABORTION LEGISLATION : PROCEDURAL AND SUBSTANTIVE CONFUSION OVER DECLARATIONS OF INCOMPATIBILITY ». Cambridge Law Journal 77, no 3 (novembre 2018) : 448–51. http://dx.doi.org/10.1017/s0008197318000818.
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13
de Costa, Caroline, Heather Douglas et Kirsten Black. « Making it legal : Abortion providers' knowledge and use of abortion law in New South Wales and Queensland ». Australian and New Zealand Journal of Obstetrics and Gynaecology 53, no 2 (24 janvier 2013) : 184–89. http://dx.doi.org/10.1111/ajo.12035.
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Watkin, Thomas Glyn. « The Governing Body of the Church in Wales : Recent Legislation ». Ecclesiastical Law Journal 4, no 19 (juillet 1996) : 600–602. http://dx.doi.org/10.1017/s0956618x00002660.
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Watkin, Thomas Glyn. « The Governing Body of the Church in Wales : Recent Legislation ». Ecclesiastical Law Journal 3, no 15 (juillet 1994) : 250–51. http://dx.doi.org/10.1017/s0956618x00005871.
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Zielińska, Eleonora. « Recent trends in abortion legislation in Eastern Europe, with particular reference to Poland ». Criminal Law Forum 4, no 1 (février 1993) : 47–93. http://dx.doi.org/10.1007/bf01096024.
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17
Yoshida, Rie. « Ireland's restrictive abortion law : a threat to women's health and rights ? » Clinical Ethics 6, no 4 (décembre 2011) : 172–78. http://dx.doi.org/10.1258/ce.2011.011032.
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The Grand Chamber of the European Court of Human Rights has recently handed down its judgement in the case of three women contesting the abortion law in the Republic of Ireland, which has one of the most restrictive abortion laws in the world. Although the Court ruled that Ireland had to clarify the current law following the success of one of the three claims, the failure of the other two claims allows Ireland to continue to enforce its law, which has an adverse effect on women's health. This paper, therefore, proposes an amendment to abortion legislation in the Republic of Ireland that would be compatible with safeguarding women's health, highlighting several circumstances in which the continuation of a pregnancy may have a detrimental impact on a woman's physical and/or mental health.
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de Costa, Caroline M., Darren B. Russell, Naomi R. de Costa, Michael Carrette et Heather M. McNamee. « Introducing early medical abortion in Australia : there is a need to update abortion laws ». Sexual Health 4, no 4 (2007) : 223. http://dx.doi.org/10.1071/sh07035.
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Recent changes to Federal Therapeutic Goods Administration legislation have seen the limited introduction of the drug mifepristone to Australia for the purpose of early medical abortion. At the same time it has become evident that both methotrexate and misoprostol, licenced and available for other indications, are being used safely and appropriately for early abortion by Australian medical practitioners. Early medical abortion is widely practiced overseas where its safety and effectiveness are well supported by current evidence. However, abortion law in many states is still contained within the Criminal Codes and does not reflect current evidence-based abortion practice. In other states and territories restrictions on where abortions may be performed pose potential barriers to the introduction of mifepristone for medical abortion. There is an urgent need for abortion law to be clarified and made uniform across the country so that the best possible services can be provided to Australian women.
19
Williams, John. « Adult safeguarding in Wales : one step in the right direction ». Journal of Adult Protection 19, no 4 (14 août 2017) : 175–86. http://dx.doi.org/10.1108/jap-05-2017-0021.
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Purpose The purpose of this paper is to consider the background to the recent changes to adult safeguarding in Wales as a result of the new measures introduced by the Social Services and Well-being (Wales) Act 2014 and discuss their potential impact. Design/methodology/approach The paper relies on a range of material including reports published by the Law Commission, the National Assembly for Wales and other public bodies. It also refers to academic and practitioner material in journals and government guidance. Findings Although the Social Services and Well-being (Wales) Act 2014 introduced many changes in adult safeguarding in Wales, not least the duty to make enquiries, it does not take the opportunity to include statutory powers of barring and removal. The introduction of Adult Protection and Support Orders (APSOs) is a cautious step forward – perhaps it is too cautious. More research in needed on the different approaches across the UK. Research limitations/implications At the time of publication, the full effect of the new legislation has not been seen. Local authorities and others are coming to terms with the new provisions. No data on the impact of the new legislation are yet available. The paper identifies future research evaluating the working of the different approaches to safeguarding within the UK. Practical implications For practitioners, the new legislation provides opportunities to rethink the approach to safeguarding. The lower threshold for referrals will mean an increase in caseloads and the need to react to both low- and high-risk cases. For authorised officers, the practical issues identified relate to the circumstances in which an APSO may be sought and what can be put in place to protect the adult at risk once the order has been used. Social implications For those who experience abuse or neglect, the new legislation provides additional support when compared to the POVA process. The duty to make enquiries and the duty to report will hopefully strengthen protection and, with a lower threshold for referral, enable more preventative work to be done at an earlier stage. Whether the new APSO will make a difference remains to be seen. Originality/value As this is new legislation, there is very little analysis of the implications of the Social Services and Well-being (Wales) Act 2014 in relation to safeguarding. This paper presents an overview and, in places, a critical analysis of the new safeguarding duties.
20
Watkin, Thomas Glyn. « The Governing Body of the Church in Wales Recent Legislation ». Ecclesiastical Law Journal 1, no 5 (juillet 1989) : 30–31. http://dx.doi.org/10.1017/s0956618x00000302.
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At its April meeting, the Governing Body considered a varied agenda, including three items of legal interest. These were: firstly, an amendment relating to the size and composition of the membership of the Representative Body of the Church in Wales; secondly, the second reading of a bill to amend the canon law of the Church in Wales relating to clerical disabilities, and, thirdly, a motion seeking to render retired clerics ineligible for membership of Parochial Church Councils within the province.
21
Miller, Ruth. « POLITICIZING REPRODUCTION IN COMPARATIVE PERSPECTIVE : OTTOMAN, TURKISH, AND FRENCH APPROACHES TO ABORTION LAW ». Hawwa 5, no 1 (2007) : 73–89. http://dx.doi.org/10.1163/156920807781787653.
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AbstractIn this essay I discuss modern abortion legislation in the Ottoman Empire, Turkey, and France. Using late nineteenth and early twentieth century fears of population decline and "race suicide" as a starting point, the first half of the essay examines the relationship between nationalist or authoritarian state formation and the criminalization of abortion in all three states. The second half of the paper discusses the gradual de-criminalization of abortion after the Second World War and its relationship to twentieth century rights rhetoric. In this essay I argue that both the criminalization and de-criminalization of abortion in the Ottoman Empire, Turkey, and France were central to modern citizenship formation, each process equally essential to the increasing politicization of reproductive behavior over the modern period. At the same time, I also argue that legislators in all three states looked back to unique "traditions" to serve as foundations for their post-eighteenth century laws—Ottoman and Turkish jurists making use of medieval and early modern debates in the Islamic world surrounding abortion and French jurists making use of an equally well-established Catholic tradition.
22
Grout, Christopher. « The Seal of the Confessional and the Criminal Law of England and Wales ». Ecclesiastical Law Journal 22, no 2 (mai 2020) : 138–55. http://dx.doi.org/10.1017/s0956618x20000034.
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The seal of the confessional is often described as ‘inviolable’. The idea that what is said or done in furtherance of private confession may be subjected to scrutiny as part of litigation is often considered to be absurd. But what is the legal basis for such forthright rejection? The revised Canons of the Church of England do not address the issue at all; instead the matter falls to be covered by the unrepealed proviso to Canon 113 of the Code of 1603. In England and Wales there is no primary legislation which clearly and coherently deals with the question of the admissibility of matters said in private confession before courts and tribunals. Contrast that with the United States of America, where every single state has enacted statutory provisions which provide safeguards to admissibility, albeit to differing degrees. Recent developments in Australia have, conversely, involved the enactment of legislation making it a crime for a priest to withhold, in certain circumstances, matters said to him or her in the course of private confession. In 1990, Judge Bursell QC reviewed the existing case law on the subject (sparse though it is) and found it to be contradictory, with judgments appearing to be based upon personal opinions as opposed to legal analysis. There have been some interesting ‘post-Bursell’ developments, in terms of both legislation and case law, which are discussed in this article. In Ecclesiastical Law, Mark Hill QC suggests that ‘it is likely that a trial judge would exclude evidence of a confession made to a priest’. This article is essentially an analysis of that conclusion with a view to determining whether it is right to assume that, even if not adequately protected by legislation, things said or done in furtherance of private confession are likely to be excluded from secular criminal proceedings.
23
Skead, Natalie, Tamara Tulich, Sarah Murray et Hilde Tubex. « Reforming proceeds of crime legislation : Political reality or pipedream ? » Alternative Law Journal 44, no 3 (6 mars 2019) : 176–81. http://dx.doi.org/10.1177/1037969x19831100.
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In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. However, in doing so, this far-reaching legislation has the potential to undermine legal principles and protections. We recently completed a study into proceeds of crime legislation in Western Australia, New South Wales and Queensland. From our findings it is clear that Western Australia’s legislation is the most far-reaching and potentially the most inequitable. In this article, we provide a critique of Western Australia's legislation informed by our research, and identify pressing areas for reform.
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Roberts, Nicholas. « The Historical Background to the Marriage (Wales) Act 2010 ». Ecclesiastical Law Journal 13, no 1 (13 décembre 2010) : 39–56. http://dx.doi.org/10.1017/s0956618x10000785.
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The Marriage (Wales) Act 2010 illustrates that a disestablished church will always occupy an intermediate position between an established church and one which has never been established: the Church in Wales needed an Act to reform its marriage law, whereas paradoxically the Church of England legislated for itself by Measure. The article outlines how the provisions on marriage evolved during the passage of the disestablishment legislation; accepts the validity of contemporaneous arguments based on inconsistency; and outlines previous occasions when the marriage laws of England and of Wales have fallen out of step. It concludes by accepting that the continued establishment of the marriage law in Wales is inconsistent, but that any change is likely to depend on a wholesale reform of marriage law.
25
Dawson, John, et George Szmukler. « Fusion of mental health and incapacity legislation ». British Journal of Psychiatry 188, no 6 (juin 2006) : 504–9. http://dx.doi.org/10.1192/bjp.188.6.504.
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SummaryThe enactment of a single legislative scheme governing nonconsensual treatment of both ‘physical’ and ‘mental’ illnesses, based on incapacity principles, has been mooted in recent law reform debates in the UK. We propose a framework for such legislation and consider in more detail the provisions it should contain. The design of legislation that combines the strengths of both incapacity and civil commitment schemes can be readily imagined, based on the criteria for intervention in England and Wales found in the Mental Capacity Act 2005. Such legislation would reduce unjustified legal discrimination against mentally disordered persons and apply consistent ethical principles across medical law.
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McNamara, Luke. « Research Report : A Profile of Racial Vilification Complaints Lodged with the new South Wales Anti-Discrimination Board ». International Journal of Discrimination and the Law 2, no 4 (septembre 1997) : 349–78. http://dx.doi.org/10.1177/135822919700200406.
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In 1989 New South Wales became the first State in Australia to legislate against racial vilification. The introduction of this legislation, and discussion of similar provisions in other jurisdictions, rekindled debates about the legitimacy of legal limits on hate speech. However, little is known about the practical operation of antivilification laws. This report presents the results of a survey of more than 160 racial vilification complaints handled by the New South Wales Anti-Discrimination Board from 1993 to 1995. The profile of the legislation in practice presented here provides a valuable empirical foundation for critical assessment of anti-vilification provisions and of the conciliation based procedure which is currently employed in handling complaints.
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Donley, Greer. « Does the Constitution Protect Abortions Based on Fetal Anomaly ? : Examining the Potential for Disability-Selective Abortion Bans in the Age of Prenatal Whole Genome Sequencing ». Michigan Journal of Gender & ; Law, no 20.2 (2013) : 291. http://dx.doi.org/10.36641/mjgl.20.2.does.
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This Note examines whether the state or federal government has the power to enact a law that prevents women from obtaining abortions based on their fetus’s genetic abnormality. Such a ban has already been enacted in North Dakota and introduced in Indiana and Missouri. I argue below that this law presents a novel state intrusion on a woman’s right to obtain a pre-viability abortion. Moreover, these pieces of legislation contain an outdated understanding of prenatal genetic testing—-the landscape of which is quickly evolving as a result of a new technology: prenatal whole genome sequencing. This Note argues that the incorporation of this new technology into clinical care will both invigorate anti-choice legislatures to pursue such legislation and cause the laws’ impact on women to be greater than initially anticipated. Using the undue burden standard announced in Planned Parenthood v. Casey, this Note concludes that federal and state disability-selective abortion bans are unconstitutional based on the Due Process Clause. The Note also questions whether the federal government has constitutional authority under its enumerated powers to even enact such a ban. Finally, the Note presents policy reasons for why such an abortion ban will degrade the right to a pre-viability abortion so significantly as to render it non-existent.
28
Szelewa, Dorota. « Killing ‘Unborn Children’ ? The Catholic Church and Abortion Law in Poland Since 1989 ». Social & ; Legal Studies 25, no 6 (décembre 2016) : 741–64. http://dx.doi.org/10.1177/0964663916668247.
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Legislation on abortion in Poland is among the strictest of all European countries. As with Malta and Ireland, the regulations in Poland do not allow for the termination of a pregnancy on the grounds of the difficult social or economic situation of a woman. Post-1989 developments with regard to abortion law in Poland show the influence of the Catholic Church as a very powerful societal actor on the drafting and implementation of one of the most important policies affecting women’s rights and gender relations. Catholic ‘pro-life’ circles exercised pressure in the process of drafting and adopting the new law, as well as at the stage of the law’s implementation. The symbolic victory of the Church over abortion law is evident in the shift in general discourse and in the official language of legal acts, where, for example, ‘foetus’ has been replaced by ‘conceived child’ (in the law) or by ‘unborn child’ (in discourse). As a consequence, for public opinion abortion is seen as tantamount to ‘the act of killing the unborn child’.
29
Tongue, Zoe L. « Crowter v Secretary of State for Health and Social Care [2021] EWHC 2536 : Discrimination, Disability, and Access to Abortion ». Medical Law Review 30, no 1 (25 novembre 2021) : 177–87. http://dx.doi.org/10.1093/medlaw/fwab045.
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Abstract In a recent case before the High Court of England and Wales, Crowter v Secretary of State for Health and Social Care, three claimants challenged the disability ground for abortion contained in section 1(1)(d) of the Abortion Act 1967. It was argued on behalf of the claimants that this provision was incompatible with a number of rights protected by the European Convention on Human Rights. Among the arguments made was a claim that this provision perpetuates discriminatory attitudes and negative stereotypes towards disabled people. While the case was rightly unsuccessful, as restricting or removing section 1(1)(d) would only force pregnant people to continue pregnancies in difficult circumstances, the claim around discrimination carries some weight. The High Court rejected this line of argument, missing an opportunity to consider the ways in which the Abortion Act is both inadequate in relation to access to abortion and perpetuates stigma towards disabled people. However, the reform required to address this must take place in Parliament and cannot be done by the courts.
30
Galappathie, Nuwan, et Angela Shaw. « Reforming fitness to plead and stand trial legislation in England and Wales ». BJPsych Advances 26, no 1 (11 septembre 2019) : 8–15. http://dx.doi.org/10.1192/bja.2019.50.
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SUMMARYThe legal decision on whether a defendant can fairly take part in a criminal trial in England and Wales is currently based on the leading case of R v Pritchard (1836), which despite subsequent case law updates does not embrace the concept of mental capacity or effectively identify defendants who are unable to meaningfully participate. Further to an extensive consultation process, the Law Commission published recommendations for reform in 2016, with a proposed new test of capacity to participate effectively in a trial and detailed suggestions for statutory reform of court procedures for managing defendants found unable to participate. Here we review the proposals and consider practical implications and suggestions regarding their implementation.LEARNING OBJECTIVESAfter reading this article you will be able to: •appreciate the current problems with the law on fitness to plead in England and Wales•understand the proposed test of capacity to participate effectively in a trial•understand the proposed changes to the procedures available when a defendant is found unable to participate.
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Daukšaitė, Inga. « Teisėto aborto sąvoka pagal Lietuvos teisės aktus ». Teisė 81 (1 janvier 2011) : 60–72. http://dx.doi.org/10.15388/teise.2011.0.133.
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Straipsnyje, analizuojant galiojančius Lietuvos teisės aktus ir teismų praktikos pavyzdžius, siekiama atskleisti Lietuvoje pripažįstamą teisėto aborto sąvoką. Nagrinėjami tiek iš Lietuvos Respublikos baudžiamojo kodekso išplaukiantys, tiek šiuos požymius detalizuojantys bei kai kurie papildomi teisėto aborto požymiai, įtvirtinti kituose teisės aktuose. Straipsnyje taip pat vertinamas kai kurių teisėto aborto požymių aiškinimas Lietuvos teismų praktikoje.The article aims to reveal the concept of legal abortion that is being recognized in Lithuania according to its legislation in force and case-law. The article deals with requirements for legal abortion that follow from the Criminal code of Lithuania, as well as that are provided for in other laws. The way the concept of legal abortion is interpreted in the Lithuanian case-law is also estimated in this article.
32
Dodd, Gwilym. « Law, Legislation, and Consent in the Plantagenet Empire : Wales and Ireland, 1272–1461 ». Journal of British Studies 56, no 2 (31 mars 2017) : 225–49. http://dx.doi.org/10.1017/jbr.2017.4.
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AbstractIn recent years, scholars have begun to look afresh at the dynamics of English “imperial” power in the late medieval period, but the extent to which the English dominions were subject to English law and legislation––and the questions of why and how these influences varied between the regions and over an extended period of time––have been considered less systematically and rarely comparatively. With its focus on Wales and Ireland, this article explores the synergies and the strains that shaped attitudes towards the authority of the late medieval English crown and that ultimately determined the extent of England's influence beyond its borders. The article shows that these attitudes were often fundamentally conflicted and contradictory. It highlights the difficulties of the English crown in seeking to balance the elitist agenda of its English subjects, on the one hand, with its desire to bring the Welsh and Irish more squarely within the orbit of the English state system, on the other hand. And it shows how the dominions veered between welcoming and resisting the interference of the English crown. The discussion emphasizes how interaction between the English crown and the people of its dominions was shaped above all by dialogue and negotiation.
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McCulloch, Alison, et Ann Weatherall. « The fragility of de facto abortion on demand in New Zealand Aotearoa ». Feminism & ; Psychology 27, no 1 (février 2017) : 92–100. http://dx.doi.org/10.1177/0959353516679432.
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On the whole, women in New Zealand have good access to safe and affordable means to terminate unwanted pregnancies. Although seemingly ideal, the current situation is a fragile one. Under current legislation, abortion is criminalised and legal access to it relies on gaining the approval of two certifying consultant physicians. In this report, we provide an historical overview of the social and political influences shaping New Zealand’s current approach to abortion, considering the consequences of having abortion governed by criminal law. The situation in New Zealand is used to support a proposal that a pragmatic liberal feminist approach to abortion is best for women where it is a medical matter rather than a legal or moral one.
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Pardy, Maree, Juliet Rogers et Nan Seuffert. « Perversion and Perpetration in Female Genital Mutilation Law : The Unmaking of Women as Bearers of Law ». Social & ; Legal Studies 29, no 2 (23 juillet 2019) : 273–93. http://dx.doi.org/10.1177/0964663919856681.
Texte intégralRésumé :
Female genital cutting (FGC) or, more controversially, female genital mutilation, has motivated the implementation of legislation in many English-speaking countries, the product of emotive images and arguments that obscure the realities of the practices of FGC and the complexity of the role of the practitioner. In Australia, state and territory legislation was followed, in 2015, with a conviction in New South Wales highlighting the problem with laws that speak to fantasies of ‘mutilation’. This article analyses the positioning of Islamic women as victims of their culture, represented as performing their roles as vehicles for demonic possession, unable to authorize agency or law. Through a perverse framing of ‘mutilation’, and in the case through the interpretation of the term ‘mutilation’, practices of FGC as law performed by women are obscured, avoiding the challenge of a real multiculturalism that recognises lawful practices of migrant cultures in democratic countries.
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LaRose, Cassandra, et Michael S. Sinha. « EACH Person’s Right : The Importance of Federal Abortion Care Funding to Health Care Reform ». American Journal of Law & ; Medicine 48, no 2-3 (juillet 2022) : 266–74. http://dx.doi.org/10.1017/amj.2022.25.
Texte intégralRésumé :
AbstractThe United States has a long and controversial history with abortion that did not end with Roe v. Wade. Almost immediately thereafter, anti-choice politicians commenced a decades-long effort to restrict access to abortion, recently culminating in the Dobbs decision that overturned Roe. One successful attempt to restrict access immediately following Roe was the Hyde Amendment. With more Americans covered by federally funded health insurance than ever, the Hyde Amendment creates an insurmountable barrier to abortion care for those who lack other sources of financing.Despite the impacts of the Hyde Amendment, support for discontinuing the amendment has been weak. For the first time in over forty years, the United States is in a position to change its abortion funding policy. Beyond ending Hyde, the EACH Act has been introduced in Congress to ensure permanent funding for abortion through all federally funded insurance programs. To secure funding for abortion and reduce barriers to access, advocates must press the federal government to pass legislation such as the EACH Act.
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Pocklington, David. « UK Perspectives on the Definition of "Waste" in EU Legislation ». European Energy and Environmental Law Review 8, Issue 3 (1 mars 1999) : 72–76. http://dx.doi.org/10.54648/eelr1999011.
Texte intégralRésumé :
The recent decision of the High Court of England and Wales in Mayer Parry Recycling v The Environment Agency, providing an analysis of the term "discard" in the context of waste law and its relationship to recovery operations; the point at which material ceases to be regarded as waste; the "environmental criterion" in borderline cases.
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Mujovic-Zornic, Hajrija. « Reproductive rights : Current issues of late abortion ». Stanovnistvo 47, no 1 (2009) : 49–67. http://dx.doi.org/10.2298/stnv0901049m.
Texte intégralRésumé :
This article considers the legal issues surrounding induced late abortion in cases when severe medical, therapeutic or ethical reasons have not been in dispute. Generally discussing the essential question about abortion today, it means not anymore legality of abortion but, in the first place, safety of abortion. From the aspect of woman health the most important aim is to detect and avoid possible risks of medical intervention, such as late abortion present. This is the matter of medical law context and also the matter of the woman's reproductive rights, here observed through legislation and court practice. The gynecologist has an obligation to obtain the informed consent of each patient. Information's should be presented in reasonably understandable terms and include alternative modes of treatment, objectives, risks, benefits, possible complications, and anticipated results of such treatment. Pregnant woman should receive supportive counseling before and particularly after the procedure. The method chosen for all terminations should ensure that the fetus is born dead. This should be undertaken by an appropriately trained practitioner. Reform in abortion law, making it legally accessible to woman, is not necessarily the product of a belief in woman's rights, but can be a means of bringing the practice of abortion back under better control. Counseling and good medical practice in performing late abortion are the instruments to drive this point even further home. It does not undermine the woman who wants to make a positive decision about her life and its purpose is not to produce feelings of insecurity and guilt. It concludes that existing law should not be changed but that clear rules should be devised and board created to review late term abortion. In Serbia, this leads to creation and set up guidelines for reconciling medical justification for late abortion with existing law, especially with solutions which brings comparative law. .
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Noorthoorn, E., P. Lepping, T. Steinert, E. Flammer, B. Massood et N. Mulder. « Symposium : Mental Health Law Differences and Coercive Measures Over Four Countries ». European Psychiatry 41, S1 (avril 2017) : S619. http://dx.doi.org/10.1016/j.eurpsy.2017.01.993.
Texte intégralRésumé :
In 2008, the UNHCR issued a convention on the rights of persons with disability. Since then, many countries were visited by the High Commissioner for Human Rights. In a number of countries, for example Germany and the Netherlands, mental health legislation was considered unsatisfactory and either regional variations in procedures or new legislation was drafted. In Germany, the final decision after different admission procedures is always made by a judge. In the Netherlands, detention on mental health ground with involuntary admission is decided by a Governmental administrator working for the local Major. In England and Wales, it is decided by three medical/psychiatric professionals. Currently, the Netherlands is drafting a law following the main principles of the Anglo-Saxon law. In Germany, all federal states are currently adopting their mental health laws to fulfil requirements of the Constitutional Court, which decided that coercive treatment is only admissible under very strict conditions after a judge's decision. Studies show the Dutch legislation is associated with higher seclusion rates, in numbers, and duration. Moreover, recent German findings show in a recent period when involuntary medication was not admissible, inpatient violence and coercive measures increased significantly. In this symposium, we discuss the several laws and regulations of four countries (Wales, Ireland, Germany, Netherlands), now and in the near future. Each presentation of a certain countries’ regulations is followed by a description of standard figures of the country, first by an expert in the respective country's law, and consequently by an expert in nationwide or regional figures.Disclosure of interestThe authors have not supplied their declaration of competing interest.
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Pradana, Firdaus Pria, Rahtami Susanti et Bayu Setiawan. « LEGAL PROTECTION OF ABORTION ABUSERS IN THE PREGNANCY OF RAPE IN INDONESIA ». UMPurwokerto Law Review 1, no 1 (5 août 2020) : 9. http://dx.doi.org/10.30595/umplr.v1i1.8053.
Texte intégralRésumé :
Abortion is prohibited except on the basis of indications of medical emergencies and pregnancy due to rape as regulated in Article 75 paragraph (2) of Law Number 36 the Year 2009 Concerning Health. Nevertheless, there are some cases where rape victims who abort their womb are found guilty of violating Article 346 of the Criminal Code. This study discusses the legal protection of abortionists in pregnancy due to rape. The purpose of this study was to analyze the legal protection of victims of rape who had an abortion (abortion provokes). The research method used is a normative juridical approach that is through literature studies that examine secondary data in the form of legislation and other legal documents, research results, results of studies, and other references. The results of this study are that rape victim who did an abortion were not convicted in accordance with Article 75 paragraph (2) of Law Number 36 of 2009 concerning Health and the existence of pre and post-abortion counseling in accordance with Article 37 of Government Regulation Number 61 of 2014 concerning Reproductive Health.Keywords: Legal protection, Abortion, the rape victim
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Murray, Brian, et Robin Jacoby. « The interface between old age psychiatry and the law ». Advances in Psychiatric Treatment 8, no 4 (juillet 2002) : 271–78. http://dx.doi.org/10.1192/apt.8.4.271.
Texte intégralRésumé :
This article aims to provide a practical overview concentrating on civil legal aspects of psychiatric care for the elderly. We limit ourselves to English law (which also has jurisdiction in Wales; Scottish and Northern Irish law may be similar, but not identical). Civil law can, in turn, be divided into statute law (legislation provided by Parliament) and common law (the UK, unlike some European countries, has a strong tradition of law based on previous rulings by judges).
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Sergi, Anna. « Organised crime in English criminal law ». Journal of Money Laundering Control 18, no 2 (5 mai 2015) : 182–201. http://dx.doi.org/10.1108/jmlc-10-2014-0038.
Texte intégralRésumé :
Purpose – The purpose of this paper is to consider the rationale behind the approaches to organised crime in criminal law to understand the basis of the law on conspiracy in England and Wales and why this country has refused to amend conspiracy in favour of a membership offence or a criminal enterprise model, similar to the USA’s offences. Design/methodology/approach – The analysis is based on a legal comparison between the law of conspiracy in England and Wales and the USA’s Racketeer Influenced and Corrupt Organizations Act (RICO) statute, as example of best practice targeting criminal enterprises. The legal comparison is also substantiated by case law examples and interviewees with prosecutors and lawyers collected both in London and in New York City. Findings – After briefly describing how the two systems (English and American) are intended to work, the paper will develop a discussion on the difficulties and advantages of introducing a RICO-style legislation in England and Wales and shall conclude that it is the way organised crime is socially perceived in the English/British scenario that justifies the choice to remain on the level of conspiracy and not move towards membership/enterprise offences. Research limitations/implications – This study shall be primarily intended as an opportunity to assess the criminal law tools in the fight against organised crime available in England and Wales. The comparative side of this research, the RICO statute, would require more attention which this paper cannot give for reasons of brevity. Therefore, the study is a preliminary study in comparative criminal law. Originality/value – The central idea of this work is to suggest that differences in criminal law are based on different perceptions of the wrongfulness of the offending. For the law to change in favour of a criminal enterprise offence in England and Wales, there is a need to reshape the wrongfulness of organised crime. A study into the wrongfulness of organised crime as a criminal offence, with a comparative outlook, has never been conducted before in England and Wales.
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Brooker, Penny. « Mediator immunity : time for evaluation in England and Wales ? » Legal Studies 36, no 3 (septembre 2016) : 464–90. http://dx.doi.org/10.1111/lest.12120.
Texte intégralRésumé :
In England and Wales, the issue of mediator immunity has not been considered by the courts or via legislation. Mediator immunity is constructed by analogy to that given to judges, but the role of the judiciary is different to that of mediators, who do not determine cases and, it is argued, do not require protection from litigation because the parties are responsible for the final settlement outcome. In Australia and the USA, mediators are usually provided with immunity in mandatory, ‘court-annexed’ programmes, although this varies from an absolute to a qualified level that is constrained by bad faith or dishonesty. In the English jurisdiction, mediation is court-connected and parties are dissuaded from accessing the courts through the risk of costs penalties or automatic referral schemes. Therefore, the time is opportune for a review of many issues involved in mediation development, including immunity. This paper considers the reasoning for extending immunity to mediators, before concluding that the subject should not be determined through legal action until after a comprehensive review of mediation developments and after a consideration of mediator standards and regulation of practice.
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Fine, J. David. « Issues in firearms control : a critique of the 1985 New South Wales legislation ». Australian & ; New Zealand Journal of Criminology 18, no 4 (décembre 1985) : 257–71. http://dx.doi.org/10.1177/000486588501800406.
Texte intégralRésumé :
New South Wales recently has adopted significant amendments to its firearms control laws. In so doing it has evinced certain fundamental policy choices. These relate to matters including gun registration and the licensing of gun owners; controls on ammunition; the appropriate locus of discretion in firearms control matters; the appropriate controls for especially dangerous types of firearms; the situation of primary producers; reciprocity in firearms licensing within Australia; and the collection of historically significant firearms. This article identifies the policy preferences implicit in the 1985 New South Wales law. It then proceeds to critique these policy decisions with reference to patterns of law (present and emerging) in the country's other jurisdictions, and the relevant secondary literature in the field. While concluding that the newly amended New South Wales legislation remains “functional and purposive”, on the whole, the article ends with a problematic for the future. VII. And be it further enacted, That every person who shall be found with any fire-arms, or other instruments of a violent nature, in his possession, and shall not prove to the satisfaction of the Justices of the Peace as aforesaid, that the same was or were not intended to be illegally used, as hereinbefore is provided, shall be deemed to be guilty of a high misdemeanour, …A
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McDonald, Margaret. « Developments in Adoption Information Legislation in Australia ». Adoption & ; Fostering 16, no 3 (octobre 1992) : 38–42. http://dx.doi.org/10.1177/030857599201600311.
Texte intégralRésumé :
The year 1990 saw the enactment of adoption information legislation in Queensland (May 1990) and New South Wales (October 1990), the last of the Australian states to grant rights of access to information. Queensland, sometimes referred to as ‘the deep north’, is customarily seen as the most conservative of the states, so there was considerable surprise that such legislation should have passed through the Queensland Parliament unimpeded, with acclaim from all parties. Margaret McDonald reports.
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Barlow, Anna. « Administrative Law and Human Rights Standards in Legal Aid : An Overview with Examples from Finland and England & ; Wales ». European Public Law 23, Issue 1 (1 février 2017) : 165–91. http://dx.doi.org/10.54648/euro2017009.
Texte intégralRésumé :
The majority of writing on legal aid is from a socio-legal or political perspective and little attention has been paid to legal aid as a branch of administrative law. This is an important failing as the legal aid requirements imposed by international human rights law do not only relate to the scope of legal aid, but also establish parameters for the administration of legal aid schemes. These requirements may be met directly within the specific legislation governing legal aid, but in some instances rely on the application of general domestic administrative law principles. Employing a comparative approach, this article explores some of the connections between administrative law, international human rights law and the provision of legal aid, using the jurisdictions of Finland and England & Wales as examples. Good protection of the relevant international human rights standards is provided in Finland through a robust administrative law system which contains a clear set of basic principles and is directly applicable to the making of decisions on legal aid. In England & Wales administrative law principles are not as helpful; however the manner in which administrative law acts upon discretionary decision-making in that jurisdiction means that strengthening administrative law principles might not have much impact on legal aid administration. In such a situation subject-specific legal aid legislation must be relied upon to meet human rights standards.
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Pellico-López, Amada, María Paz-Zulueta, Jimena B. Manjón-Rodríguez, Mar Sánchez Movellán, Purificación Ajo Bolado, José García-Vázquez, Joaquín Cayón-De las Cuevas et Laura Ruiz-Azcona. « Evolution of Legislation and the Incidence of Elective Abortion in Spain : A Retrospective Observational Study (2011–2020) ». International Journal of Environmental Research and Public Health 19, no 15 (5 août 2022) : 9674. http://dx.doi.org/10.3390/ijerph19159674.
Texte intégralRésumé :
Background: According to the WHO, “unsafe abortion occurs when a pregnancy is terminated either by people lacking the necessary skills or in an environment that does not conform to minimal medical standards, or both”. Aim: To review the legislation that ensures access to elective abortion and the main indicators of elective abortion in Spain. Methods: A retrospective observational study was conducted across all regions of Spain from 2011 to 2020. The regulations of each region on the creation of the clinical committee and the creation of the registry of conscientious objector professionals were identified. Data were collected on rates of elective abortions per 1000 women, type of health center where the intervention was performed, interval of weeks of gestation, and cause. Results: After Law 2/2010 entered into force, the Spanish regions created a clinical committee; however, very few regions have a registry of conscientious objectors. During the study period, the average annual rate in Spain was 11.10 elective abortions per 1000 women between 15 and 44 years of age, showing a decreasing trend (annual percentage change of −1.92%). Only 10.67% of abortions were performed at public centers. In 90.18% of the cases, abortions were performed at the woman’s request. Conclusion: Spain legislated late compared to most European Union countries. The current law is similar to that of other member states, allowing abortion at the woman’s request in the first fourteen weeks and thereafter for medical reasons. Most abortions are performed at private centers, although many territorial inequalities are observed.
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Donoghue, Stephen, et Claire-Michelle Smyth. « Abortion for Foetal Abnormalities in Ireland ; The Limited Scope of the Irish Government’s Response to the A, B and C Judgment ». European Journal of Health Law 20, no 2 (2013) : 117–43. http://dx.doi.org/10.1163/15718093-12341260.
Texte intégralRésumé :
Abstract Abortion has been a controversial topic in Irish law and one which the Government has been forced to address following the decision of the European Court of Human Rights in A, B and C v. Ireland. The Working Group established to make recommendations have specifically been instructed to deal only with the issues raised in the A, B and C judgment and legislate on the basic of the ‘X case’. This restricted approach calls for legalisation of abortion only where the life of the mother is at risk, a position unique only to Ireland and Andorra within Europe. The vast majority of member states to the European Convention on Human Rights allow for legal abortion on the basis of foetal abnormality and with this emerging consensus the margin of appreciation hitherto afforded by the European Court to member states is diminishing. The advancement and availability of non-invasive genetic tests that can determine foetal abnormalities together with the ruling in R. R. v. Poland leaves Ireland in a precarious position for omitting any reference to foetal abnormalities in any proposed legislation.
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Ivone, Vitulia. « National institute of family and life advocates (NIFLA) : V. Becerra, or the right to be informed about your own reproductive rights. » Soft Power 6, no 2 (1 juillet 2019) : 322–46. http://dx.doi.org/10.14718/softpower.2019.6.2.18.
Texte intégralRésumé :
The Supreme Court has issued its decision in NIFLA v. Becerra, a 5–4 vote holding that the state of California cannot compel pregnancy-resource centers to advertise for the state’s abortion services. This decision represents a considerable victory for both the right to free speech and the conscience rights of pro-life Americans. The case concerned California’s Reproductive FACT Act, which mandated that both licensed and unlicensed women’s-health clinics (crisis-pregnancy or pregnancy-resource centers) not performing abortions had to provide a pre-written notice to clients. Though the law related specifically to abortion, free speech was the fundamental issue at stake. This paper analyzes the history of abortion in US legislation and the perspective of one of its fundamental civil rights.
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Penteado, Taís. « The abortion jurisprudence in Brazil : An analysis of ADPF 54 from feminist equality-based perspectives ». International Journal of Constitutional Law 19, no 5 (20 novembre 2021) : 1664–82. http://dx.doi.org/10.1093/icon/moab122.
Texte intégralRésumé :
Abstract Building on the feminist legal theory-driven analysis of equality-based approaches to voluntary abortion, this article offers a critical reading of the Brazilian Supreme Court decision on ADPF 54, the constitutional lawsuit that challenged the constitutionality of the application of the legislation that prohibits abortion in cases of fetal anencephaly. The article first presents the arguments and then offers feminist equality-based counterpoints that bring some vulnerabilities of the decision to the forefront. The article argues that, from the perspectives adopted, the arguments presented by the justices in ADPF 54 do not disrupt the logic that underlies the abortion prohibition norm and end up legitimizing it. Second, the principles used can be viewed skeptically. By missing inequality issues that permeate reproduction, the principles obscure power relations and as such, become potential tools for furthering inequalities. We conclude the article by delineating how, despite being cited only timidly as a precedent, ADPF 54 still resonates in other minor cases put before the Brazilian Supreme Court, imbuing them with the same set of problems. Having in mind the vulnerabilities of the arguments, the article makes a tentative normative assessment on how the use of a substantive equality principle as an analytical tool and guide for interpretation could mitigate the problems and offer responses with emancipatory potential.
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Silalahi, Rumelda, et Rasmita Luciana. « PANDANGAN HUKUM KESEHATAN TERHADAP ABORTUS PROVOCATUS BERDASARKAN UNDANG-UNDANG NOMOR 36 TAHUN 2009 ». Jurnal Darma Agung 27, no 3 (11 décembre 2019) : 1082. http://dx.doi.org/10.46930/ojsuda.v27i3.367.
Texte intégralRésumé :
Nowadays Abortion is a problem that often arises and has increased from year to year. Abortion is considered by most people as an act of murder, because the fetus or baby in the womb of a mother has the right to a reasonable life, and in any religion it is not permissible for a pregnant woman to stop her pregnancy for any reason. The main reasons for abortion are non-medical reasons including not wanting to have children for fear of interfering with career, school or other responsibilities, not having enough money to care for children, and not wanting to bear children without fathers. Another reason often cited is still too young (especially those who are pregnant out of wedlock), and can be a disgrace to the family. Reasons like this are also given by women in Indonesia who try to convince themselves that killing the fetus in the womb is permissible and justified. These reasons are definitely show the picture of irresponsibility woman in saving her life by sacrifice the life of her own baby. This study uses a normative method, which is to conduct an analysis of the problem and research through an approach in legislation and also sourced from books, papers, laws and other references. As for the problems in this study are first, the view of the health law against Provocatus Abortion based on Law Number 36 Year 2009, secondly the factors causing the occurrence of the Provocatus Abortion crime in society and the third is the criminal liability against the Provocatus Abortion Crime. The provisions of Law No. 23 of 1992 concerning Health, emphasizing the permissibility to carry out acts of abortion in an effort to save the life of the mother and / or fetus, this type of abortion is legally justified and protected by law and with medical considerations.