Safeguarding the Right to Health of the Elderly in Rural China: A Legal Analysis

Older people in rural China enjoy the right to health under Chinese law. However, the problems of economic difficulties, the unbalanced allocation of medical resources between urban and rural areas and the weakening of the traditional function of the family as a provider of old-age care in reality make the elderly in rural areas face a higher risk of health problems. The law is an important tool to mitigate these problems. Although China has made great efforts to legally guarantee the right to health of the rural elderly, it has not yet fully implemented the requirements of Article 12 of the International Covenant on Economic, Social and Cultural Rights, Article 14 of the Madrid Political Declaration and International Plan of Action on Ageing. China needs to further improve the relevant legislation to provide adequate legal support for the exercise of the right to health of the elderly in rural areas.

Application of Intelligent Lie Recognition Technology in Laws and Regulations Based on Occupational Mental Health Protection

INTRODUCTION

Since the reform and opening up, the social economy has developed rapidly. The competition in the employer market is fierce, which leads leaders to have strict requirements for workers, and workplace stress increases. The blind pursuit of corporate economic benefits has led to the neglect of workers' mental health. Employee retaliation against the corporate occurs frequently. The perfection of the legal system for occupational mental health protection is imminent.

METHODS

Based on the above questions, this study first introduces the research background, significance, and purpose in the introduction. Second, in the literature review, the current status of research is sorted out, the problems in the existing research are summarized, and the innovation points of this study are highlighted. Then, in the method section, the algorithms and models used here are introduced, including convolutional neural networks, long short-term memory networks, and the design of interview processes. Finally, the results of the questionnaire survey and the experimental test are analyzed.

RESULTS

(1) There is further room for optimization of intelligent lie recognition technology. (2) The employee assistance program system can effectively solve the mental health problems of employees. (3) There is a need to expand the legislative mechanism for workers' mental health protection at the legal level.

DISCUSSION

This study mainly explores the loopholes of occupational mental health protection under the formulation of laws and regulations. Intelligent lie recognition technology reduces workers' adverse physical and mental health risks due to work. It is dedicated to protecting workers' legitimate rights and interests from the formulation of laws and regulations.

[Which legal protection for the rights of aged people with cognitive disorders?]

Jacques Brel, a French-speaking Belgian popular singer, carries a fatalistic look in his song Les Vieux [The Adged] that makes echoes to the implacable judgment of Charles de Gaulle "Old age is a shipwreck". Old age is synonymous with weakening, exhaustion and even decay. This image must be overcome to face a more nuanced reality, where autonomy is favored; we must developp the care of the frailest people (accessibility of places, geriatric care, home services, medicalized material…). The law is concerned with maintaining or restoring the rights of the most vulnerable people. The presence of cognitive disorders does not necessarily deprive the person of his ability to express himself. Thus, the judge has the obligation to adjust the protective measure to the capacities of the protected person; he/she ensures that his/her opinion is respected. In order to protect without diminishing, the guardianship judge relies in particular on the detailed medical certificate but also on the hearing of the person. It would not be possible for the judge to decide on such delicate issues as home care without the most reliable and concrete information.

The State of Play on COVID-19 Vaccination in Pregnant and Breastfeeding Women: Recommendations, Legal Protection, Ethical Issues and Controversies in Italy

To date, extensive research has been conducted on vaccination against COVID-19 during pregnancy to verify the safety and efficacy of the vaccines, despite the fact that pregnant women were excluded from the initial clinical trials. The ever-increasing number of scientific publications has confirmed the absence of biological mechanisms associating mRNA vaccines with adverse effects in pregnancy and breastfeeding, although few studies have been carried out on their effect on fertility. While the Italian legal system provides for maternity protection measures and indemnity for vaccination damages pursuant to law no. 210/1992, it is not exempt from controversy. This contribution describes the state of play on COVID-19 vaccination in pregnant and lactating women, including: current recommendations for pregnant and lactating women; ethical issues related to vaccination hesitancy among pregnant women; the legislative paradox whereby sanctions may be imposed on women in certain professional categories who refuse vaccination because they are pregnant; and the possible legal consequences in the event of harm to the unborn child due to vaccination. All of this is considered in accordance with the principles of medical ethics, taking into account the national legislation.

Application of Phytosociological Information in the Evaluation of the Management of Protected Areas

The classification system of plant communities using phytosociological methods can be applied to their conservation in protected areas, as well as in establishing adequate protections and granting legal status to such areas. A new integrative index is developed to classify plant communities for the evaluation of the conservation status of protected areas, obtained from the product of three statistical indices of diversity: Syntaxonomic Distinctness, Rarefaction and Areas Prioritisation, which has been named DRA (acronym of the three indices used). The DRA is used to assess whether the status granted to Protected Areas matches the values provided by the plant communities within them and which were the basis for the identification and description of the Habitats of Community Interest (Habitats Directive-92/43/CEE). The proposed method was applied to the network of protected natural areas on the Andalusian coast, including 14 areas with different protection status, where, once the plant communities they contain were identified, the DRA index was applied to each of them and compared with the Legal Protection Index, i.e., the current protection regime; it becomes clear, objectively, that not all the statuses assigned, whether the IUCN criteria or those of the Andalusian government, correspond to the real levels of protection they should have on the basis of their plant communities.

Use of immigration status for coercive control in domestic violence protection orders

In the context of domestic violence (DV), immigration-related circumstances can be exploited by an abuser to coerce and manipulate their partner. Using an intersectional structural framework, we examine how social structures overlaid with immigration-specific experiences operate to further enhance opportunities for abuse against immigrant women. We conducted a textual analysis to identify how socially constructed systems interact with a victim-survivor's immigration status to introduce more tools for abusers to engage in coercive control and/or acts of violence in a random sample of petitioners (i.e., victim-survivors) who were granted a Domestic Violence Protection Order (DVPO) in King County, WA (n = 3,579) from 2014-2016 and 2018-2020. We hand-reviewed textual petitioner narratives and identified n = 39 cases that discussed immigration-related circumstances and related acts of violence and coercion. These narratives included threats to contact authorities to interfere with an ongoing immigration process, deportation threats, and threats that would separate families. In many cases, petitioners indicated that immigration-related threats prevented them from leaving the violent partner, seeking help, or reporting the abuse. We also found mention of barriers for victims to receive protection and gain autonomy from further abuse including a lack of familiarity with US protections and laws, and restrictions on authorizations to work. These findings demonstrate that structurally created immigration-specific circumstances provide opportunities for threats and retaliation against victim-survivors by abusers and create barriers to seeking help initially. Policy should respond to anticipate these threats in the immigrant community and engage early responders (e.g., healthcare providers, law enforcement) to support victim-survivors from immigrant communities.

Assessing Legal Protection of Biometric Data in China: Gaps, Principles, and Policy Recommendations

The legal protection of biometric data is becoming an increasingly important issue in the information society. China attaches importance to the legal protection of biometric data. Over the past decades, the rapid development of digital technology has profoundly influenced Chinese information society. However, digital technology may also trigger substantial risks. In this article, we provide an in-depth examination of existing Chinese laws protecting biometric data. We explore general laws and facial recognition laws, administrative regulations, sector-based rules, judicial interpretations, regulatory documents, policy documents, and (draft) national standards. We find gaps in laws in China. Building on this analysis, we elaborate on five principles for the legal protection of biometric data: (1) legality, propriety, and necessity; (2) integrity; (3) purpose; (4) minimization; and (5) controllability. We provide three policy recommendations for the legal protection of biometric data: (1) sufficiently considering the purpose of the collection of biometric data, (2) creating controllable mechanisms, and (3) implementing regulatory compliance programs.

Invasive Research on Non-Human Primates-Time to Turn the Page

Simple Summary

Despite increasing ethical concerns, primates are still often used in invasive research (i.e., laboratory research that causes body manipulations causing them pain or distress and not aimed at directly improving their well-being). Here, we will review previous studies showing that primates have complex behaviour and cognition, and that they suffer long-term consequences after being used in invasive research. We will discuss the ethical problems that invasive research on primates posit, the legal protection that they are, to date, granted in different countries, and summarize the past and current attempts to ban this kind of research on primates. We will conclude why, in our opinion, invasive research on primates should be banned, and non-invasive methods should be considered the only possible approach to the study of primates.

Abstract

Invasive research on primates (i.e., laboratory research that implies body manipulations causing pain or distress that is not aimed to directly improve the individuals’ well-being) has a long history. Although some invasive studies have allowed answering research questions that we could not have addressed with other methods (or at least not as quickly), the use of primates in invasive research also raises ethical concerns. In this review, we will discuss (i) recent advances in the study of primates that show evidence of complex behaviour and cognition, (ii) welfare issues that might arise when using primates in invasive research, (iii) the main ethical issues that have been raised about invasive research on primates, (iv) the legal protection that primates are granted in several countries, with a special focus on the principle of the 3Rs, and (v) previous and current attempts to ban the use of primates in invasive research. Based on this analysis, we suggest that the importance of a research question cannot justify the costs of invasive research on primates, and that non-invasive methods should be considered the only possible approach in the study of primates.

[Main directions of activity of the institute of the Commissioner for the Rights of the Child in assistance of protection of health and formation of the environment of "safe childhood" from positions of public health]

In a rapidly changing world, legal protection of children from the standpoint of public health, namely from the standpoint of protecting the health of the child population from the adverse effects of various factors, including social ones, is of particular importance, thereby complementing the concept of "safe childhood" in terms of risk management safety of a child's life and his health. Despite the fact that the institution of the Commissioner for the Rights of the Child in Russia was established more than ten years ago and is active in promoting the protection of children's health, many medical workers, specialists in healthcare and preventive medicine, unfortunately, are not fully aware of functions of this state structure and, accordingly, do not use its resource capabilities in the implementation of key installations of national projects. The aim of this work was to analyze the types of activities of the institution of the Presidential Commissioner for the Rights of the Child to identify and present the modern features of his human rights and operational-organizational assistance in protecting health and creating an environment for "safe childhood" from the standpoint of public health.

Human cerebral organoids as a new legal and ethical challenge

Human cerebral organoids (HCOs) are miniature brains cultivated in a dish using pluripotent human cells that, thanks to advanced technologies, tend to reproduce the development path of the brain of an embryo in the mother's uterus. Recent data from studies carried out in different laboratories have indicated that HCOs show complex electrical activity, are receptive to light stimuli, and can command a muscle connected to them. The presence of the main neuronal structures in them suggests that, despite currently lacking vascularization and sensory exchanges with the outside world, more developed HCOs could exhibit some rudimentary form of consciousness, specifically a minimal sentience with respect to the basic experiences of pain and pleasure. Faced with this possibility, which for many scientists is still a long way off, we have begun to reflect on how we could empirically investigate the presence of consciousness. If we were certain or had a reasonable belief that some types of HCOs are sentient, what kind of entity would we judge them to be? Would they have specific legal protection? Should they be attributed to a moral status? This article tries to give an initial answer to these two questions. On the one side, it seems that no special rights can be claimed for HCOs other than those relating to human biological material. On the other side, instead, a sentient HCO could aspire to having its moral status recognized. If this were the case, the law may have to adapt to this unprecedented situation.

[Legal Viewpoints on Violence in the Emergency Department]

Medical violence is on an upward trend. The aim of this article is to investigate the role of Taiwan's national legislature under the Medical Act with regard to preventing and managing violence. Because legal protection is limited, we recommend that all healthcare institutes and their staffs continually pay attention to the strategies of violence prevention and keep an eye on high-risk groups and the appearance of pre-event aura. When a violence event occurs, involved persons should resolutely activate the rapid response team and report the event to the healthcare and prosecuting authorities immediately. Furthermore, institutes should provide all necessary resources such as psychological support and legal assistance in order to minimize harm to staffs.

Analysis of public policies in favor of the elderly people in Senegal: state of legal protection

Senegal will be spared by phenomenon of population ageing, which will surely have socioeconomic and cultural consequences that will not be easy to tackle, as all sectors will be affected. In regard to legal protection, there are not any special legal acts for the elderly as is the case for children and women. They are treated just as responsible adults whose legal status is the same as everyone else. As far as the framework of legal protection of elderly people is concerned, Senegal has ratified all international and regional means and mecanisms for the protection of the rights of the elderly. In addition, the authorities have adopted policies and programs that favor taking charge of old people's interests. At the present, Senegal possesses a legal framework for the protection of its elderly people. So the matter is about creating new rights, because even the existing rights are not known to their beneficiaries. What is important is to ensure that the elderly fully enjoy their rights in the same way as the other members of society. It is wise, therefore, to put in place plan for information, public awareness and communication concerning the legal regulating framework. Thus, Senegal could be regarded as a pioneer in terms of the protection the elderly, and these leading programs can represent models for the countries of the region, whose social, sanitary and economic contexts are similar.

[The human body, subject or object of rights?]

While the protection of the body is the primary vocation of law, legislation also aims to regulate any actions which may cause it harm. Such actions include care procedures. It is in this contradiction that the legal status of the human body lies, not without a certain amount of ambiguity.

[Protecting people with diminished intellectual autonomy, respecting their wishes]

How do we respect, and at the same time protect, people unable to look after their own interests alone, due to the impairment of their faculties? A solid knowledge base regarding the legal framework which is common to us all and which forms the foundation of our freedom is essential. French law, with regard to people losing their intellectual autonomy, notably in the case of neurodegenerative diseases, aims to respect patients' wishes while at the same time protecting them.

Same-Sex Couples' Decisions and Experiences of Marriage in the Context of Minority Stress: Interviews From a Population-Based Longitudinal Study

In the emerging context of marriage equality, it is important to explore the reasons for and experience of marriage for long-term same-sex couples, including the role of minority stress. In Wave 3 of the population-based, longitudinal CUPPLES Study we interviewed 21 long-term same-sex couples (14 female, 7 male) who resided in 12 different states and who were legally married. Couple members ranged in age from 37 to 84 and reported being together as a couple from 15 to 41 years. Seven couples lived in states that did not recognize their marriage at the time of the interview. Legal protection and social validation emerged as the two primary domains that captured couples' lived experiences of marriage. Minority stress experiences emerged in the narratives in the context of couples' long-term commitment, the availability of civil marriage, and couples' participation in activist efforts on behalf of marriage equality for themselves and others.

[Funding of obesity surgery: application, appeal and lawsuit]

Die deutsche Bevölkerung ist mit adipositaschirurgischen Verfahren unterversorgt. Dieser beklagenswerte Umstand hat seinen Grund in der restriktiven, nicht selten rechtswidrigen Genehmigungspraxis der Gesetzlichen Krankenkassen. Die Zahl der Patienten, die sich dagegen wehren, steigt stark an. Ablehnende Entscheidungen können mit einem Widerspruch und einer Klage angefochten werden. Die Rechtslage ist unklar, die Rechtsanwender verunsichert. Verschiedene Gerichte behandeln vergleichbare Sachverhalte völlig unterschiedlich. Dennoch sind die Erfolgsaussichten gut: Die deutschen Sozialgerichte entscheiden in letzter Zeit zunehmend patientenfreundlich. Die Chancen, in einem Widerspruchs- oder Klageverfahren zu obsiegen, steigen rapide an, sobald ein Body Mass Index (BMI) von 60 kg/m² erreicht ist. Funding of Obesity Surgery: Application, Appeal and Lawsuit Due to the fact that the statutory health insurance (GKV) follows a restrictive authorisation practice the German population is undersupplied with bariatric operations. The number of patients who refuse to accept this practice increases considerably. Negative decisions can be contested by appeal and lawsuit. The legal situation is yet unclear, those applying the law, such as lawyers, judges and the health insurance authorities, are confused and disorientated. In absolutely comparable cases different courts come to different decisions. Nevertheless the topic is worth the fight: The German social courts are passing more and more patient-friendly judgements. Cases are easily won by plaintiffs if the body mass index (BMI) is higher than 60 kg/m².