Search results
1 – 2 of 2Sefriani Sefriani and Nur Gemilang Mahardhika
The Covid-19 pandemic has persisted for almost three years. States have since then enforced laws, policies and measures believed to be the most effective to handle the global…
Abstract
Purpose
The Covid-19 pandemic has persisted for almost three years. States have since then enforced laws, policies and measures believed to be the most effective to handle the global pandemic. Along this line, the Indonesian Government opted to implement mandatory vaccination and refusal of which entails monetary penalties. Hence, this study aims to analyze two legal issues that touch upon the realm of International Human Rights Law: first, whether state has the authority to implement the said mandatory vaccine program to those who refuse to be vaccinated, and second, how is the more appropriate legal policy to obligate vaccination but without coercive sanction.
Design/methodology/approach
This is a normative legal research that uses a qualitative method with case studies, conceptual, historical and comparative approaches. A descriptive-analytical deduction process was used in analyzing the issue.
Findings
The results present, as part of state’s right to regulate, it has the authority to enact mandatory vaccination with monetary penalties to fulfil its obligation to protect public health in times of emergency; this is legal and constitutional but only if it satisfies the requirements under the International Human Rights Law: public health necessity, reasonableness, proportionality and harm avoidance. Alternatively, herd immunity is achievable without deploying unnecessary coercive sanctions, such as improving public channels of communication and information, adopting legal policies that incentivize people’s compliance like exclusion from public services, subsidies revocation, employment restrictions, higher health insurance premiums, etc.
Research limitations/implications
This study analyzes in depth the following issues: of whether the government has the authority to apply mandatory vaccination laws enforced through monetary penalties for those who refused to be vaccinated and how does the government implement the appropriate legal policy to enforce mandatory vaccination without imposing penalties for non-compliance while maintaining a balance between the interests of protecting public health and the human rights of individuals to choose medical treatment for themselves, including whether they are willing to be vaccinated. Hence, the political affairs, economic matters and other non-legal related issues are excluded from this study.
Originality/value
This paper hence offers a suggestive insight for state in formulating a policy relating to the mandatory vaccination program. Although the monetary penalties do not directly violate the rule of law, a more non-coercive approach to the society would be more favorable.
Details
Keywords
Faiza Ihsan-Ghafoor, Rachel Worthington and Louise Coughlin
This systematic review sought to examine the research body on acquisitive offending among female offenders, specifically exploring what factors may take females closer towards…
Abstract
Purpose
This systematic review sought to examine the research body on acquisitive offending among female offenders, specifically exploring what factors may take females closer towards engaging in acquisitive offending and what factors may support desistance from this behaviour.
Design/methodology/approach
A systematic review was conducted, using the recommended guidelines of the Preferred Reporting Items for Systematic Reviews and Meta-Analyses. A total of 8,129 initial articles were identified from the search terms, 77 articles were deemed suitable to meet the inclusion criteria and are explored in the results section. Papers were screened for quality appraisal and risk of bias.
Findings
Ten factors were identified that took females closer towards offending. Five factors were identified that took females away from offending. Based on the findings, four typologies of female acquisitive offenders were identified: short-term orientation (adolescent); mental health orientation; life-course persistent (theft); and acquisitive diversity (including robbery and burglary).
Research limitations/implications
Future research would benefit from exploring a more rich understanding of the mechanisms that underpin why females engage in acquisitive offending and what factors contribute towards their desistance. A wider range of bio-psycho-social factors, which may increase the risk of acquisitive offending, should also be considered in future research alongside ways in which interventions may be gender-responsive.
Originality/value
This review provides insight into the differing functions and typologies of female acquisitive offending. Interventions for each of these typologies are considered within the review.
Details