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Article
Publication date: 1 May 2002

Paul Cambridge

This paper explores the ethical issues surrounding the use of cosmetic surgery for and by people with learning disabilities. Although such interventions are less common in Britain…

Abstract

This paper explores the ethical issues surrounding the use of cosmetic surgery for and by people with learning disabilities. Although such interventions are less common in Britain than in the US, there is a growing interest in the use of cosmetic surgery to correct perceived defects in appearance and speech impairment. However, the assumed potential of cosmetic surgery brings adult protection concerns into stark relief.

Details

The Journal of Adult Protection, vol. 4 no. 2
Type: Research Article
ISSN: 1466-8203

Keywords

Article
Publication date: 1 January 1976

The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal…

Abstract

The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal took great pains to interpret the intention of the parties to the different site agreements, and it came to the conclusion that the agreed procedure was not followed. One other matter, which must be particularly noted by employers, is that where a final warning is required, this final warning must be “a warning”, and not the actual dismissal. So that where, for example, three warnings are to be given, the third must be a “warning”. It is after the employee has misconducted himself thereafter that the employer may dismiss.

Details

Managerial Law, vol. 19 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

9542

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 December 2004

Suzette Woodward, Linda Franck and Duncan Wilcox

A total of 63 parents whose children underwent urological surgery at a tertiary referral specialist paediatric hospital were surveyed at three times points: immediately after…

789

Abstract

A total of 63 parents whose children underwent urological surgery at a tertiary referral specialist paediatric hospital were surveyed at three times points: immediately after signing consent; two to three days after surgery (at discharge); and by telephone two to three weeks after discharge. The survey was to assess parents’ perceptions of the consent process and parental recall of information given about the surgical procedure and risks. Results demonstrated that despite the majority of parents being satisfied with the consent process, operation, aftercare and the subsequent health of their child, their recall of risk information was poor, with 60 per cent of parents unable to recall any explained risks of the operation. This study pre‐dated the introduction of the national consent policies and forms, but provides evidence which supports the need for this consistent approach across the NHS which emphasises the effective communication of risks and benefits in relation to proposed treatment.

Details

Clinical Governance: An International Journal, vol. 9 no. 4
Type: Research Article
ISSN: 1477-7274

Keywords

Article
Publication date: 1 March 2013

Lisa Rippon

In this article, the aim is to focus on the legislation in place within England and Wales pertaining to the care and treatment of children and young people, but intends to give a…

497

Abstract

Purpose

In this article, the aim is to focus on the legislation in place within England and Wales pertaining to the care and treatment of children and young people, but intends to give a brief outline of the equivalent law in Scotland. It seeks to describe how the age of a young person will determine which piece of legislation should be used to ensure an admission into an inpatient Child and Adolescent Mental Health Unit will be lawful. It also seeks to consider the role of those with parental responsibility in the decision‐making progress and discuss which components of a proposed treatment plan they would or would not be able to consent to on behalf of those children and young people in their care.

Design/methodology/approach

The author searched the literature, relevant legislation and codes of practice for guidance on the care and treatment of children and adolescents with an intellectual disability.

Findings

Legislation governing the admission and treatment of children and adolescents with an intellectual disability is complex. All clinicians working with those under the age of 18 should have knowledge of the relevant legislation to ensure that the rights of children and young people are upheld.

Originality/value

This article summarises the relevant guidance that is already available on the care and treatment of children and young people, but focuses on the needs of those with an intellectual disability.

Book part
Publication date: 22 November 2019

Alexis M. Kenney

As biomedicine becomes increasingly enmeshed in modern life, biomedicalization processes have implications for reproductive policy, including abortion policy. Informed consent

Abstract

As biomedicine becomes increasingly enmeshed in modern life, biomedicalization processes have implications for reproductive policy, including abortion policy. Informed consent provisions have been a prominent trend in state-level abortion lawmaking in the United States in recent years. Modeled on the practice of securing informed consent for medical procedures, informed consent provisions stipulate the information a person must receive before they can consent to an abortion. Informed consent provisions purportedly require that this information be objective, scientifically accurate, and non-judgmental. Through an analysis of informed consent provisions in Texas abortion legislation from 1993 to 2015, this chapter explores how such provisions employ medical and biomedical tropes to frame regulations that restrict access to abortion care as ostensibly protecting women’s health and safety. I find that informed consent legislation in Texas selectively borrows from medical and biomedical lexicons, cites strategic empirical evidence, and co-opts medical techniques and experts in ways that encumber abortion access.

Details

Reproduction, Health, and Medicine
Type: Book
ISBN: 978-1-78756-172-4

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Article
Publication date: 3 January 2017

Edmund Marcus Horowicz

The purpose of this paper is to specifically analyse whether parents should have the legal authority to authorise a deprivation of liberty for children with a learning disability…

Abstract

Purpose

The purpose of this paper is to specifically analyse whether parents should have the legal authority to authorise a deprivation of liberty for children with a learning disability. As a result of parental consent being recognised as holding legal authority, these children have their right to liberty under Article 5 engaged. It will be argued that the courts’ failure to support this view stems from the confusing concept of the “zone of parental control”.

Design/methodology/approach

A doctrinal methodology is used, examining domestic law and the European Convention on Human Rights (ECHR), with analysis of relevant literature.

Findings

Decisions regarding deprivation of liberty in children under the age of 16 should undoubtedly include parental consent. The concern expressed here is the sovereignty of parental consent over all else. The law is confusing. In one respect rights under the ECHR are universal. However, both UK and European courts have accepted the premise that it is entirely within the zone of parental control to effectively deprive a child of liberty without procedural or judicial review. Furthermore, there are wider potential issues for children being considered to be deprived of liberty following Cheshire West.

Originality/value

The paper is a discussion piece that is critical of the existing law and uses the literature and original opinions to recommend an alternative approach.

Details

Tizard Learning Disability Review, vol. 22 no. 1
Type: Research Article
ISSN: 1359-5474

Keywords

Book part
Publication date: 7 March 2022

Emma Nottingham

Recent years have seen growing concern about the climate crisis. Lack of adequate attention on this issue from governments and industries has prompted social movements against…

Abstract

Recent years have seen growing concern about the climate crisis. Lack of adequate attention on this issue from governments and industries has prompted social movements against climate change. Youth activism has been particularly effective at advancing the cause, especially campaign work by children, most notably Greta Thunberg. The tourism industry impacts global carbon emissions, particularly due to international travel. Sustainable tourism is therefore becoming increasingly important in order to help respond to the climate crisis and protect the individual rights of citizens, including children. Children have unique and important insights to offer, yet they are in a democratically weak position given that they cannot vote and are often wholly reliant on others to represent their interests. However, when we allow children to occupy legal and political spaces and support them with participatory democracy, such as through supporting the child's right to protest or supporting strategic litigation, significant progress can be made for climate justice and a more sustainable future. Adults have a responsibility to respond positively to the work of youth activists to help nurture and encourage the environmentally conscious attitudes of children into adulthood.

Details

Children in Sustainable and Responsible Tourism
Type: Book
ISBN: 978-1-80117-657-6

Keywords

Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

Details

Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 11 July 2022

Harrison Kwame Golo

This paper aims to identify human rights violations of patients during the early periods of the COVID-19 pandemic in Ghana by investigating the experiences of people on how…

Abstract

Purpose

This paper aims to identify human rights violations of patients during the early periods of the COVID-19 pandemic in Ghana by investigating the experiences of people on how health-care professionals discharged their responsibilities during the time in question.

Design/methodology/approach

Explanatory design of the mixed methods approach was adopted, with the intention of collecting both quantitative and qualitative data sequentially, and then integrating the results at the interpretation stage. The approach enriched the quality of data collected as it offered the advantage of shedding light on the primary motivations and reasons for attitudes and behaviours and helped to provide an in-depth understanding of how individuals interpret the happenings around them and their experiences. Thus, although some amount of quantitative method was used in the data collection, the core of this paper is based on the qualitative interpretations.

Findings

The study reveals that health-care professionals, especially those in the Tema Metropolis, undermined certain fundamental human rights of patients during the early period of the COVID-19 pandemic. This includes failure to provide information to patients about treatment options and potential risks of medications; failure to seek the informed consent of patients before performing medical procedures; denial of access to medical files of patients for transfer; and inability or failure to provide medical ambulances services to patients on time.

Originality/value

Although many publications on human rights dimensions and health protective issues on COVID-19 pandemic are available on a global scale, still little information pertaining to experiences of individuals with health-care professionals during the early days of the COVID-19 pandemic, especially in Ghana through the lens of patient’s rights exists. This paper, therefore, fills an important gap in health-care management information, critical for policy decision-making processes regarding patient’s rights in times of pandemic control.

Details

International Journal of Human Rights in Healthcare, vol. 16 no. 5
Type: Research Article
ISSN: 2056-4902

Keywords

11 – 20 of 176