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7 results

  • 3 - Legal Frameworks

  • from Part II - Legal Controls
  • Yee-Fui Ng, Monash University, Victoria
  • Book:
    Combatting the Code
    Published online:
    26 March 2025
    Print publication:
    03 April 2025, pp 37-46

  • Summary

    This chapter forms the context for the discussion in the following chapters analyzing various legal grounds for challenging automated government decision-making. It outlines the constitutional, human rights, and administrative law frameworks in the United States, the United Kingdom and Australia.

  • 2 - The International Legal Framework on Biodiversity and Nature Conservation

  • from Part I - Introductory Context and Principles
  • Edited by Damilola S. Olawuyi, Hamad Bin Khalifa University, Doha, Qatar, Riyad Fakhri, Hassan 1st University, Settat, Morocco
  • Book:
    Biodiversity and Nature Conservation Law and Policy in the Middle East and North Africa Region
    Published online:
    06 February 2025
    Print publication:
    13 February 2025, pp 21-50
    • Chapter
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  • Summary

    This chapter examines the international legal framework on biodiversity, reflects on the scope of its implementation in the Middle East and North Africa (MENA) region, and highlights the way forward for enhancing coherent, holistic, and integrated implementation of biodiversity treaties in the region. It provides an overview of the status of implementation, primarily through an assessment of the progress of the Strategic Plan for Biodiversity including the Aichi targets (2011–2020), under the Convention of Biological Diversity, and assesses the challenges and opportunities of the post-2020 Global Biodiversity Framework. In addition to a literature review, the chapter analyses information from national reports by parties submitted to secretariats to the CBD and on informational platforms such as UNEP’s InforMEA and Law and Environment Assistance Platform.

  • 13 - Being a safe and ethical practitioner

  • from Part 2 - Becoming
  • Edited by Nick Arnott, University of Tasmania, Penny Paliadelis, Mary Cruickshank
  • Book:
    The Road to Nursing
    Published online:
    28 February 2022
    Print publication:
    22 November 2021, pp 252-266

  • Summary

    Being a safe and ethical nurse in health care requires an understanding of the frameworks that underpin and guide nursing practice. A generalised healthcare safety system known as clinical governance is implemented to ensure the wellbeing of all those in the healthcare system.

    In addition to a clinical governance framework, healthcare staff also work within ethical and legal frameworks that underpin and govern their practice. In a nurse’s daily practice, every action is based on the need to make informed decisions, which are based on the nurse’s moral and ethical principles, their knowledge and understanding of different clinical situations and the legal accountabilities underpinning nursing practice. To make informed decisions, nurses must be aware of their own ethical stance and consider this, together with legal and professional requirements such as the codes of ethics and professional conduct (ICN, 2012, NMBA 2018), and the Registered Nurse Standards for Practice (NMBA 2016).

    This chapter discusses the frameworks that guide practice. It introduces the concepts of quality and safety, clinical governance, clinical risk, ethical issues and the tenets of professionalism.

  • Legal frameworks and key concepts regulating diversion and treatment of mentally disordered offenders in european union member states

  • Harald Dressing, Hans Joachim Salize, Harvey Gordon
  • Journal:
    European Psychiatry / Volume 22 / Issue 7 / October 2007
    Published online by Cambridge University Press:
    07 May 2007, pp. 427-432
  • Background

    There is only limited research on the various legal regulations governing assessment, placement and treatment of mentally ill offenders in European Union member states (EU-member states).

    Aims

    To provide a structured description and cross-boundary comparison of legal frameworks regulating diversion and treatment of mentally disordered offenders in EU-member states before the extension in May 2004. A special focus is on the concept of criminal responsibility.

    Method

    information on legislation and practice concerning the assessment, placement and treatment of mentally ill offenders was gathered by means of a detailed, structured questionnaire which was filled in by national experts.

    Results

    The legal regulations relevant for forensic psychiatry in EU-member states are outlined. Definitions of mental disorders given within these acts are introduced and compared with ICD-10 diagnoses. Finally the application of the concept of criminal responsibility by the law and in routine practice is presented.

    Conclusion

    Legal frameworks for the processing and placement of mentally disordered offenders varied markedly across EU-member states. Since May 2004 the European Union has expanded to 25 member states and in January 2007 it will reach 27. With increasing mobility across Europe, the need for increasing trans-national co-operation is becoming apparent in which great variation in legal tradition pertains.

  • 19 - Parenting and mental illness. Legal frameworks and issues – some international comparisons

  • from Part IV - Specific treatments and service needs
    • By Amy Weir, Children and Family Services, London Borough of Harrow, London, UK
  • Edited by Michael Göpfert, Webb House Democratic Therapeutic Community, Crewe, Jeni Webster, 5 Boroughs Partnership, Warrington, Mary V. Seeman, University of Toronto
  • Book:
    Parental Psychiatric Disorder
    Published online:
    09 August 2009
    Print publication:
    13 May 2004, pp 271-284

  • Summary

    This chapter explores the legal frameworks which may apply to families affected by mental illness from a UK and an international perspective. In most countries legal frameworks have been established to regulate the relationship between the individual, the family and the state. In particular, the safeguarding of children's welfare is covered by legal provision to ensure that children's needs are met and that they are safely cared for. In the UK and elsewhere, there is also provision to support families and parents to care for their children, whenever this is possible. As far as mentally ill parents are concerned, there is also separate legal provision to safeguard and support their needs. The evidence from comparing the legal frameworks in several different countries shows how similarities in legal provision mean that families will experience the same level of, or nature of, service to support them.

  • Assisted-living for older people in Israel: market control or government regulation?

  • ISRAEL DORON, ERNIE LIGHTMAN
  • Journal:
    Ageing & Society / Volume 23 / Issue 6 / November 2003
    Published online by Cambridge University Press:
    29 October 2003, pp. 779-795
    Print publication:
    November 2003

  • In recent decades there has been a rapid expansion of assisted-living facilities for older people in many different countries. Much of this growth has occurred with only limited or no government regulation, but many problems have arisen, typically around the quality of care, which have led to demands that governments act to protect vulnerable residents. This paper examines whether formal legal regulation is the optimal policy to protect the needs and rights of frail residents, while respecting the legitimate interests of others, such as operators and owners. It presents the case for and against direct legal regulation (as in institutions), and suggests that no overall a priori assessment is possible. The analysis is based on the case of Israel, where proposed regulations for assisted-living have been introduced but not implemented. After a brief history of assisted-living in Israel – its recent dramatic growth and why this occurred – the paper concludes that formal direct regulation is not the best route to follow, but that the better course would be to develop totally new ‘combined’ regulatory legislation. This would define the rights of residents and encourage self-regulation alongside minimal and measured mechanisms of deterrence. Such an approach could promote the continued development of the assisted-living industry in Israel and elsewhere, while guaranteeing that the rights, needs and dignity of older residents are protected.