Hasil untuk "Social legislation"

Camila Lago Braga, Cátia Grisa

Abstract The importance of Public Food Procurement (PFP) in promoting Sustainable Food Systems (SFS) is widely recognised. However, few studies have addressed the evaluation of these purchases at a local level (municipality), taking into account the particularities of organizations and the dimensions of SFS. This study proposes a methodology to assess public food procurement in the municipality of São Luís (Maranhão, Brazil), based on five dimensions of SFS: food and nutritional security, sociocultural, economic, environmental and food democracy. The method involves constructing metrics to assess 12 categories and 48 indicators, which are combined to obtain an overall score (0-100). The aim is to check how close public food procurement is to SFS. The survey focused on 2019 and assessed public organizations in different sectors (education, health, security and social assistance) and management models (concession or self-management). In general, the scores were less than ideal for all categories and dimensions. The performance of the organizations was not linked to the management model or the sector, but rather to the way in which the public authorities conducted procurement, considering the legislation in force and the players involved.

Александр Александрович Лебедев, Людмила Салчаковна Эрдыниева

The article considers issues related to the formation and extraction of profit from the implementation of medical activities by economic entities in the healthcare sector. The issues of administrative influence of the state on the activities of medical organizations of various forms of ownership that carry out entrepreneurial activities in the medical services market are analyzed. Legislative, organizational, economic aspects of medical activities are considered for the purpose of forming and extracting profit in accordance with legislatively established sources of financing in the healthcare sector. The methodological basis of the study is general scientific and specific scientific methods, such as formal-legal, analytical, system analysis, statistical, economic. The scientific novelty of the work lies in the conclusions proposed by the author based on the results of the study. Based on the analysis of the norms of the current legislation, it is concluded that at the current time, profit from medical activities can be extracted by economic entities in the healthcare sector when providing consumers with paid medical services. The author expresses the point of view that the principles of financial support in the sphere of public health protection, currently established within the framework of compulsory medical insurance and budget financing, do not provide for the possibility of making a profit from medical activities, which is the result of the social policy pursued by the state in the sphere of public health protection.

Fatih Dinç

It can be argued that for sport, as a social phenomenon, to be clearly understood in terms of its competitive nature (such as matches or contests) it must be governed by rules. The proper conduct of competitive processes within a framework of rules and their implementation by designated institutions is significant. Among the foremost institutions responsible for this function are sports clubs and sports federations. Previously established under Law No. 5253 on Associations, sports clubs are now founded in accordance with Law No. 7405 on Sports Clubs and Sports Federations, which came into effect on April 22, 2022. Article 2(ö) of this law defines these organizations as private legal entities. A closer examination of the legal framework reveals the expression "sports clubs established within institutions or public bodies." However, this term is not explicitly defined anywhere in the relevant legislation, rendering its legal interpretation ambiguous. This study investigates the legal uncertainty caused by the undefined use of the concept of the "institutional sports club" in Law No. 7405. Adopting a normative perspective and utilizing the case study model from qualitative research methodologies, the study analyzes the existing legislation and literature related to the subject. It explores the issues stemming from undefined terminology and demonstrates how the absence of a clear definition leads to practical challenges and may constitute a violation of the principle of legal certainty. Ultimately, the study concludes that the expression "sports clubs established within institutions or public bodies" found in the legislation should be clearly defined by the legislator.

Vladimir V. Gonchar, Vladimir D. Povolotsky

The article examines Japanese medical practice in the territory of the Chinese Eastern Railway (CER or KVZhD) during its construction and operation. The archival material made it possible to find that the Japanese community was eager to take responsibility for providing medical care to its subjects independently. They achieved this by attracting national physicians whose activities were built on the principles of private medical practice. The provision of medical care followed the principles of Western medicine, although traditional medicine methods were not excluded. The Russian authorities allowed Japanese doctors to maintain their practice in the Russian-controlled territories, but medical care was provided only to their compatriots, as well as to the Chinese and Korean population. However, the activities of Japanese doctors were treated with distrust and wariness in Russian society, both due to the migrants’ low level of education and due to the existing narrative about the so-called “Yellow Peril.” Another aspect of the activities of Japanese physicians in Manchuria was the familiarization of the local population with European medicine methods. To achieve this, private, public, and charitable Japanese medical institutions were established. The difficult epidemiological situation in Manchuria, sanitary problems, socio-economic problems, requirements of Russian legislation, inter-faith divisions, and language barriers raised issues for the territorial communities’ leaders on increasing the availability and quality of health care for their compatriots. The initiatives and proposals of the Japanese community to open public hospitals in Manchuria, centralized medical examinations, strict sanitary procedures, and quarantine measures were supported by the Japanese central authorities. They were considered not only as elements of civilization and colonial ambitions but also as a means of social control not only over Japanese subjects.

Maria Irene de Carvalho, Isabela Paoletti

Although the European Union is a region of democratic values and social justice, with respect to the topic of unaccompanied migrant minors it remains an area of symbolic walls and borders between countries. Unaccompanied migrant minors and separated children are a risk group who enjoy recognised rights allowing for special protection, but such rights are not always acknowledged in practice. This article explores and analyses some of the main policies and national programmes for the protection of these minors in Italy and Portugal. Based on the relevant literature and legislation existing in these countries, this exploratory study critically highlights the pathways of protection and integration of unaccompanied migrant minors. Whereas the legal framework appears to focus mainly on the immediate basic needs, it is important to activate inclusive, consistent and durable policies that guarantee actual and holistic special protection to unaccompanied migrant minors.

Lucia DURAC, Liliana Mihaela MOGA, Ionica SIMBANU et al.

Social entrepreneurship can be described as a contemporary phenomenon that appears primarily in the social and economic development of a country, characterized by the identification of innovative solutions for the social problems by increasing social value and identifying new opportunities for the benefit of the society, leaving its own enriching. The main purposes of social entrepreneurship are creation of social welfare, creating added value through innovation, leadership and business risk management. The aim of this ongoing research is to identify if there are some certain elements that can be found in the corporate entrepreneurship and the extent in which they are applicable to social entrepreneurship. Moreover, the common elements are identified, along with the obvious differences among them. The research relies on the review of national and international literature, national strategies and legislation in the field, leaving open opportunities for further research. Stimulating the improvement of social entrepreneurship has a positive impact for the social and economic progress and development of a society, social entrepreneurs and possible financiers being guided for approaching social entrepreneurship in a more systematic and efficient manner.

Luh Putu Sudini, Made Wiryani

Peraturan Daerah (Perda) are actually formed in the context of implementing provincial/district/city regional autonomy and co-administration tasks, as well as further elaborating the provisions of higher laws and regulations. Ecotourism is a concept of nature-based travel. Law Number 23 of 2014 concerning Regional Government, regulates the affairs and authorities of the provinces, districts and cities. Tourism, environment and forestry affairs are concurrent government affairs, namely the authority is divided between the central government and local governments. Government support in developing ecotourism in the regions is stated in the Regulation of the Minister of Home Affairs Number 33 of 2009 regulating the development of ecotourism in the regions optimally. It needs a strategy of planning, utilization, control, institutional strengthening and community empowerment by taking into account social, economic principles and involving stakeholders interest. However, there are no regulations that more technically regulate the development of ecotourism in the regions. So, there is a vacuum of legal norms. Therefore, local governments have a central role in forming ecotourism regulations in accordance with the ecotourism resource potential of each region. The research was conducted on the problems at which local government level has the authority to form an ecotourism regional regulation and what is the process of its formation. This research uses normative legal research methods, statutory approach, conceptual approach. This study uses an analysis of the Theory of Authority, the elaboration of norms and legislation. The results of the study found that Ecotourism Regional Regulations can be formed by each level of Regional Government according to the government affairs and regional authorities concerned. The obstacle that occurs is that there are still many regions that do not have local regulations on the Master Plan of Regional Tourism Development. This causes the Dinas Pariwisata, Kepemudaan dan Olahraga (Dispaspora) of the area does not have the basis of legal authority to make a document Rencana Induk Pengembangan Parwisata Daerah (RIPPARDA) which serves as a guide to Tourism Management in the area.

Riley Carpenter, Malilimalo Phaswana

Orientation: South Africa is a country where the vast majority of residents experience inequality, poverty and deprivation on a daily basis. For many black South Africans, their experience includes the expectation to financially support extended family. Research purpose: This ‘black tax’ provides the government with an opportunity to redistribute wealth through taxation provisions. The study’s purpose is to consider whether South African taxation legislation currently provides for black tax and if not, to provide suggested improvements. Motivation for the study: Whilst South Africa already has a social grant system in place, there is a need to account for varying levels of taxpayer responsibility and to encourage less dependence on the government. Research approach/design and method: Using a doctrinal research methodology, the authors collated relevant legislation and judicial precedents applied in South Africa with respect to supporting extended family and compared these to the taxation systems in the United States of America (USA), Brazil and Nigeria. Main findings: The findings indicate that the current South African taxation legislation does not provide for supporting extended family, including black tax, and the US dependent exemption or rebate is a potential option for consideration in South Africa. Practical/managerial implications: Taxpayers should encourage the South African government to develop a discussion document to encourage wider discourse. Contribution/value-add: The study makes an important contribution to the debate on changing taxation legislation to ensure income and wealth redistribution.

Melissa Stoneham, Melinda Edmunds, Christina Pollard

Abstract Objective: We aim to reflect on the introduction of risk‐based approaches to public health, driven by legislation outlining the expected local government public health functions and roles by identifying factors that most influenced organisational change within the Western Australia local government sector when developing and submitting child and young people's health and social policy to an annual Awards program. Methods: This paper uses 10 years of data from a WA‐based Local Government Policy Awards scheme to identify planned organisational change within the local government sector by applying a tangible organisational change model to develop a change narrative to describe factors that influenced local governments to address public health. Semi‐structured interviews of 83 local government officers over the 10 years since implementation were used to create the narrative and identify factors that strengthened or hindered policy development and implementation at the local organisational level. Results: Participant interviews highlighted that the Policy Award Scheme contributed to steps outlined in the Pettigrew et al. (1992) stepped model of organisational change theory to support policy development. Implications for public health: Few studies have explored these elements in their own right. We argue that advocacy for structured policy development is continually needed to support and promote internal policy prioritisation and implementation in practice.

mohsen ghanbarinik

The mosque is the most important social institution of the Islamic society and is considered the axis of other social systems and institutions. The type of relationship and interaction with this holy institution determines the meaning and place of other social institutions in Islamic society. Undoubtedly, in such a structure, the mosque can use all its capacities to create a desirable map in the Islamic society and be effective. Examples of this role-playing can be found in the historical and social experience of Muslims, especially in the early days of Islam. Nevertheless, it seems that in the current society, despite the efforts of those in charge of the Islamic system in the arena of the mosque, the place and function of the mosque has always changed and, as expected, it has not performed its desired social functions in society. The main question of the paper is that "What are the reasons for the change in the place and reduction of the social functions of the mosque in the contemporary era?" The study aims to find out the most important causes. The research method is descriptive-analytical and documentary method is used to collect information. The findings suggest that changes in the levels of legislation, policymaking and management, the emergence of similar institutions and the type of practical programs in the mosque, has changed the social status and, consequently, reduced the ideal functions of the mosque, especially in the face of social problems and harms.

G. Yusupova

The article identifies three main challenges in doing ethnography in illiberal settings. First, the imposition of oblique political limitations on the research agenda of local researchers creates a form of methodological nationalism, leading to a paucity of research on some critical topics. Second, the continuous introduction of new restrictive legislation not only results in difficulties of accessing the field, but also demands constant reevaluation of the sensitivity of the questionnaire. Respondents often express anxiety while discussing even quotidian practices because it becomes difficult for them to anticipate whether, when, or how new restrictive legislation will be enforced. Thus, they expect insider researchers to be aware of the legal ramifications of their research. Not only does this nullify the author's ability to adopt a stance of naivety, it also means that researchers bear a greater burden in convincing respondents that the information provided will be handled responsibly. Finally, the ethnographer is constantly faced with difficult decisions regarding both scholarly and ethical reliability and, hence, is required to continuously review research ethics in such a dynamic political context. This article offers suggestions for overcoming these difficulties by means of social networking services and constant critical reflexivity.

Liliana Roxana Ionescu

When a person reaches retirement age he wants to have the same standard of living as before retirement. The fundamental social function of the pension system is to ensure universal coverage, to provide decent pensions for retires, for those suffering from accidents at work or people who became ill and could no longer work. Achieving these goals is difficult due to many factors that influence each person's living conditions differently and applying the same conditions to everyone is often unfair and wrong. The main source of income that a person will have when he reaches the legal retirement age is the state pension. This will represent up to 50% of the income that the person had before retiring. There are countless factors that influence its level: gross income, contribution period, retirement conditions, economic situation, number of employees, number of retirees and legislation in the field. This paper will present general questions relating to social security, social insurance type, authorized institutions, and their evolution over the last years.

Tyan Ferdiana Hikmah, Agnes Widanti, I. Edward Kurnia SL

HIV / AIDS is a health problem in the world which is constantly increasing, especially in women during pregnancy. The government has made efforts to prevent the spread of HIV / AIDS from mother to child where one of its components is to screen for pregnant women. Implementation of HIV / AIDS screening at Puskesmas Bantul District still focuses on increasing coverage of visit in Puskesmas, not yet paying attention to how the protection of human rights for pregnant women. The research method was sociological juridical, with descriptive analytical specification. Primary data were obtained from interviews with 4 midwifes, 4 persons in charge of the program, 4 heads of community health centers and 4 heads of health center and 1 person in Health Office’s Bantul District and 8 pregnant women as well as observation at four health centers in Bantul district. Secondary data were legal materials, official documents, books and research journals. Data analysis using qualitative was inductive. Implementation of HIV / AIDS screening for pregnant women is regulated in Minister of Health Regulation Number 97, 2017 and Minister of Health Regulation Number 51, 2013 about prevention of mother to child transmission of HIV / AIDS related to the protection of human rights for pregnant women. The protection of human rights for pregnant women in the implementation of HIV / AIDS screening at the Bantul District Health Center has not been fulfilled in terms the rights of information, the rights of consent, and the rights of confidentiality. Supporting factors include the availability of health facilities, supporting health resources, supporting facilities and infrastructures while inhibiting factors are health services, limited number of counselors, social support (husbands, health workers, community leaders), affordability, pregnant women working, knowledge, social factors, and the implementation of legislation.

R. V. Igonin, M. V. Viktorchuk

The essence and features of administrative and legal regulation, its purpose and correlation with other concepts within administrative law of Ukraine have been clarified. It has been emphasized that legal regulation provides mainly authoritative and management function; its result is the establishment of law and order in society, it focuses on constitutional law and carries out the legalization of the principles of law. It has been determined that administrative and legal regulation is the state’s activity in order to regulate social relations with the help of the norms of law. It has been revealed that administrative and legal regulation has the relevant features that distinguish it among other types of regulation, in particular: 1) it is a mean of influence of the state on social relations; 2) it is carried out with the help of legal means, which constitute the mechanism of administrative and legal regulation; 3) its purpose is to streamline the state and authoritative relations; 4) it establishes the rights and obligations of the participants in administrative and legal relations. The authors have carried out the differentiation of the concepts of administrative and legal regulation and administrative and legal provision. It has been established that administrative and legal provision is a guarantee for the realization, security and protection of human and citizen’s rights and freedoms within administrative and legal relations and represents a set of mechanisms, tools and methods provided by the current legislation, through which administrative and legal regulation is carried out. The objective of administrative and legal regulation has been determined – it is compliance with the state policy regarding the development of administrative legal relations, creation of effective administrative, legal, economic, organizational and procedural rules; ensuring the observance and protection of human rights and freedoms, as well as their effective protection in case of violation; prevention of offenses by the subjects of administrative relations. It has been concluded that during administrative and legal regulation there are relations concerning: 1) the realization of public interests of individuals and legal entities, as well as general and public interest of the state; 2) the implementation of imperative and authoritative competence of public administration agencies; 3) the observance of certain rules established by the state within administrative and legal norms.

J. Tøssebro

S. Peers, T. Hervey, Jeff Kenner et al.

Jennifer Dean, N. Fenton, Sara Shannon et al.

In 2006, 3 years after the tragic death of 13-year-old Sabrina Shannon, the Province of Ontario (Canada) passed Sabrina's Law ushering in a new era of focus and concern for severe food allergic children at risk of anaphylaxis. Questions were raised at the time regarding the potential of doing more harm than good with the new legislation. This paper reports the experiences of health-related stigma among food allergic children at risk of anaphylaxis who were required to disclose their health status under this new legislation. In 2008, in-depth interviews were conducted with 20 children and youth and their parents in order to explore the experiences living with a severe food allergy. This particular study explores their experiences of felt and enacted stigma in the school setting as a result of the disclosure process. Interviews were tape recorded with permission and transcribed for subsequent thematic analysis using NVIVO, a qualitative analysis software package. Results indicate that participants were stigmatised as a result of protective school policies under the law, and that created tension between their physical safety and social well-being. Sabrina's Law also led to a cultural shift in awareness of food allergies that resulted in some participants normalising their health status, offering promising directions for the future.

Jánosi Dalma

Although every democratic country prohibits discrimination in its legislation, discrimination is present on all levels of public, social, cultural, economic and private life. Education is no exception, discrimination is present, especially against pupils with special needs, both in mainstream and special education. The present article proposes to analyze discrimination in education, based on the criteria of disability, from the point of view of the decisions issued by the Romanian equality body, set forth for the prevention, prohibition and sanctioning of all forms of discrimination in Romania.

John Charles Kleefeld

The year 2016 was a milestone for the law-and-apology field, marking the thirtieth anniversary of the first general law aimed at enabling apologies for civil wrongs, introduced in Massachusetts in 1986, as well as the tenth anniversary of the Apology Act, enacted in British Columbia in 2006. The Apology Act seeks to promote apologies and apologetic discourse as an important form of out-of-court dispute resolution, chiefly by making apologetic statements inadmissible for proving liability in civil wrongs. It has served as a benchmark from which subsequent law reform efforts in Canada and abroad have been measured. In 2017, that benchmark was passed with the enactment in Hong Kong of the most ambitious apology law yet, which privileges not only statements of remorse, but also statements of facts embedded in apologies. This article summarises global apology legislation and court decisions to date. Part I considers each major jurisdiction, starting with the USA and concluding with Hong Kong. Part II draws some conclusions about where we have been and where we are going in our efforts to promote or protect apologetic discourse, including recommendations on interpreting existing laws and on drafting or redrafting apology legislation. El año 2016 supuso un hito en el campo del derecho y las disculpas, marcando el trigésimo aniversario de la primera ley general destinada a permitir las disculpas para daños civiles, aprobada en Massachusetts en 1986, así como el décimo aniversario de la Ley de Disculpa, aprobada en la Columbia Británica en 2006. La Ley de Disculpa busca promover las disculpas y el discurso de arrepentimiento como una forma importante para resolver disputas fuera de los tribunales, principalmente haciendo que las afirmaciones de arrepentimiento no fueran admisibles para probar la responsabilidad por daños civiles. Ha servido como ejemplo con el que comparar siguientes intentos de reforma jurídica en Canadá y el extranjero. En 2017 dejó de ser ejemplo a raíz de la promulgación en Hong Kong de una ley de disculpa más ambiciosa todavía, que da un trato de favor no sólo a las afirmaciones de arrepentimiento, sino también a las afirmaciones de hechos integradas en las disculpas. Este artículo resume la legislación general sobre disculpas y las decisiones judiciales hasta la fecha. La parte I considera cada jurisdicción principal, empezando por Estados Unidos y acabando por Hong Kong. La parte II plantea unas conclusiones sobre de dónde venimos y hacia dónde vamos en nuestros esfuerzos para promover o proteger el discurso del arrepentimiento, incluyendo recomendaciones sobre la interpretación de leyes existentes y en la redacción o reforma de la legislación sobre perdón. DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=3028811

C. Lund, S. Kleintjes, R. Kakuma et al.