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    The Israeli health system consists of approximately 200,000 employees in a variety of positions, such as: doctors, nurses, pharmacists, psychologies, physical therapists, lab workers, speech therapists, occupational therapists, dieticians, orderlies, administrators and housekeeping workers and many more. (Ministry of Health, 2016). The system has gone through long-lasting struggles, conflicts and crises initiated by power groups and various functional representations and unions. This article will focus on conflicts occurring between doctors, in their professional occupation, and the governmental ministries (Health and Treasury). In addition, it will examine the processes that encourage the occurrence of conflicts in the health system. Even though doctors do not represent the entire health system, it is important to emphasize that they are its beating heart. Their weight in the general health system is extremely high, much higher than their relative part therein.
    In addition, this article will examine a struggle by doctors to shorten their long shift hours, by exposing the root causes and the reasons that led to the struggle’s demise, without the achievement of their declared goals. This article will suggest that tools appropriate for a true resolution of conflicts in the health system should be tailored and specific to the complexity of the system (as in a delicate surgery), as opposed to more general tools such as mediation, and certain “copy-paste” tools used for conflict resolution in other disciplines.


Adi Niv-Yagoda
Dr. Adi Niv-Yagoda, Ph.D, LL.M, LL.B is an expert in medical law and health policy; Advocate and Lecturer at the School of Medicine and Faculty of Law, Tel Aviv University.
Article

Therapeutic Justice and Vaccination Compliance

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2017
Keywords public health, trust, vaccination, health law, health policy
Authors Shelly Kamin-Friedman
AbstractAuthor's information

    Recent decades have witnessed the appearance of multiple grounds for vaccine hesitancy. One of the options to deal with this phenomenon is legislative. Given that vaccination enforcement through law raises allegations of infringement of constitutional rights, interventions seeking to promote vaccination compliance should rather address the factors that influence vaccine hesitancy, which are – by and large – related to trust in health authorities. Trust in health authorities may be promoted by a procedure for compensating the comparatively few vaccination victims reflecting a willingness to acknowledge liability and commitment to social justice.
    A qualitative study of the Israeli Vaccination Victim Insurance Law was conducted by the author. The study involved document content analysis (legislative protocols, Court judgments) and semi-structured in-depth interviews with informants representing different legal, medical and ethical perspectives. The thematic analysis found that the Israeli Vaccination Victim Insurance Law and its implementation in Court do not attain their therapeutic potential with respect to the promotion of trust. Barriers to claim submissions and the denial of all claims submitted according to the law do not permit the acknowledgement of liability or the demonstration of the authorities’ commitment to social justice.
    Recognizing the therapeutic power of the Law may lead to adaptations or amendments promoting trust in the health authorities and subsequently fostering vaccine compliance.


Shelly Kamin-Friedman
Adv. Shelly Kamin-Friedman, LL.B, MHA is a specialist in Health Law and a Ph.D. candidate at Ben-Gurion University of the Negev, Be'er Sheva, Israel.
Article

Intersecting Professions

A Public Health Perspective on Law to Address Health Care Conflicts

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2017
Keywords public health, Alternative Dispute Resolution, public law, health promotion
Authors Michal Alberstein and Nadav Davidovitch PhD
AbstractAuthor's information

    This paper examines the intersection between the two professions – law and medicine – with reference to systematic transformations that have characterized their development in the past century. In particular, the paper examines the co-emergence of the new public health and health promotion scholarship along with the development of the Alternative Dispute Resolution (ADR) movement in the second half of the 20th century. The two movements, with their later developments, have aspired to change the focus of professionals in the field, and both have been tremendously successful on the one hand, and on the other have remained marginal to mainstream training and identity building of contemporary lawyers and doctors.


Michal Alberstein
Michal Alberstein is a Full Professor at The Faculty of Law, Bar-Ilan University, Israel. She is also the Primary Investigator on an ERC consolidator grant to study Judicial Conflict Resolution (JCR).

Nadav Davidovitch PhD
Nadav Davidovitch, MD, MPH, PhD is an epidemiologist and public health physician. He is a Full Professor and Director, School of Public Health, Faculty of Health Sciences and the Guilford-Glaser Faculty of Business and Management at Ben-Gurion University of the Negev in Israel.
Editorial

Foreword

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2017
Authors Michal Alberstein, Nadav Davidovitch PHD and Shelly Kamin-Friedman
Author's information

Michal Alberstein
Michal Alberstein is a Full Professor at The Faculty of Law, Bar-Ilan University, Israel. She is also the Primary Investigator on an ERC consolidator grant to study Judicial Conflict Resolution (JCR).

Nadav Davidovitch PHD
Nadav Davidovitch, MD, MPH, PhD is an epidemiologist and public health physician. He is a Full Professor and Director, School of Public Health, Faculty of Health Sciences and the Guilford-Glaser Faculty of Business and Management at Ben-Gurion University of the Negev in Israel.

Shelly Kamin-Friedman
Adv. Shelly Kamin-Friedman, LL.B, MHA is a specialist in Health Law and a PhD candidate at the Department of Health Systems Management, Faculty of Health Sciences, Ben-Gurion University of the Negev, Be'er Sheva, Israel.

Ielyzaveta Lvova
Associate professor, Odessa Regional Institute of Public Administration, National Academy for Public Administration, Office for the President of Ukrane, Odessa, Ukraine.

Tamás Molnár
Legal research officer on asylum, migration and borders, European Union Agency for Fundamental Rights, Vienna; adjunct professor of public international law and EU migration law, Corvinus University of Budapest, Institute of International Studies.

Veronika Kéri
PhD student, Eötvös Loránd University Faculty of Law.

Zoltán Pozsár-Szentmiklósy
Assistant Professor, Eötvös Loránd University Faculty of Law.

    One of the prominent international human rights issues of the past decades has been the question of responsibility for human rights infringements related to the activities of nongovernmental actors and especially transnational corporations (TNCs). This challenge is directly related to the continuous increase in foreign capital investments witnessed in the past fifty years. The phenomenon is faithfully characterised by the fact that there are 80,000 transnational companies and some ten times as many subsidiaries operating in today’s world economy whose impact on people’s everyday lives has been steadily growing. This study aims to outline certain correlations between this new phenomenon of the business world and internationally acknowledged human rights. Within this framework the study attempts to explore the essence of the dilemma and presents the international law attempts aimed to remedy the infringements. Finally, the study analyses the international law solution currently in force and then examines the perspectives of the latest efforts.
    Traditionally speaking, human rights and theworldof businessrepresent two fields of law that do not, or rarely do overlap. The main reason for this is that, while human rights provide protection from arbitrary legislation and state measures primarily, the activities of business actors, including enterprises of various legal forms, are governed by law. This leads to the traditional view that the two fields may mainly overlap if arbitrary legislation or public power measures restrict or violate basic human rights that by nature apply to economic actors as well.1 This interpretation is faithfully reflected also by the case law of international human rights forums like the European Court of Human Rights (ECHR),according to which the protection of the property rights and the good reputation of economic actors are essential not only for the benefit of the individual shareholders and employees but also for the healthy operation and development of the wider economy.2 In other words, according to the traditional view of the relationship of human rights and the business world some of the human rights facilitate the development of business players’ economic/business activity and protect their market operations from arbitrary state interventions and public power measures.
    This traditional view has, at the same time, been complemented by a series of new phenomena in the past fifty years that shed new light on the correlations between human rights and the business world as well ason the role and task of human rights in the world of business. All over the world the traditional theorem that human rights can exclusively provide protection from the arbitrariness of state measures or serve as a benchmark for state legislation and, accordingly, their role in the business world may ultimately be restricted to the protection of the market and its players, has been refuted increasingly frequently. This continuous change and expansion of the roles of businesses have primarily been triggered by the trade and capital liberalisation that has been characteristic for the past fifty years and has fit closely with the general globalisation process of the world economy. This liberalisation was both extremely enhanced in intensity and extended geographically by the political changes characterizing the early 1990s. The ultimate liberalisation of colonial empires and territories on the one hand and the collapse of the communist political and economic regimes on the other hand opened way to an exceptional economic integration. This phenomenon is characterised by several authors, including the historian and political scientist Henry Kissinger in his latest book, as a governance gap, i. e. a sort of regulatory hiatus.3 This expression implies that one of the major challenges faced by today’s international community, as a consequence of the globalisation of the world economy, is a hiatus in legal and especially international law regulations. What specific human rights infringements indicate this novel dilemma? What attempts have been made in the past fifty years to remedy these human rights infringements? What framework does international law currently offer to remedy these infringements? What future ambitions are envisaged in this field? This study gives an overview of this novel challenge of international law and explores these topical dilemmas of the field. First it gives a brief overview of the essence of the new phenomenon of human rights infringements (10.1), followed by the description of the international law efforts aimed to remedy the infringements (10.2). The study then outlines the international law regulations currently in force, meant to address this challenge, and finally it examines the perspectives of the latest initiative (10.3).
    The study aims to present a comprehensive picture of certain correlations between the world of business and internationally acknowledged human rights. By analysing the development of international law, it wishes to contribute to systemising this challenging public debate and to further considering the potential courses of the required reforms.


Lénárd Sándor
Constitutional Court of Hungary, Pázmány Péter Catholic University, Budapest.
Article

The Legal Aspects of Turkey’s War against the PKK

A Case for Self-Defence within the Context of International Law

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2017
Authors Saeed Bagheri
Author's information

Saeed Bagheri
Max Weber Post-Doctoral Fellow in the Law Department of the European University Institute (EUI), Florence.

Márton Leó Zaccaria
Senior Lecturer, University of Debrecen Faculty of Law, Department of Agricultural Law, Environmental Law and Labour Law.
Editorial

Editor's Note

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2017
Authors Petra Lea Láncos and Réka Varga

Petra Lea Láncos

Réka Varga

Endre Győző Szabó
Vice president of the National Authority of Data Protection and Freedom of Information.

Anita Rozália Nagy-Nádasdi
PhD researcher at Pázmány Péter Catholic University Faculty of Law and Political Sciences.

Viktor Rák
Legal advisor of the Hungarian National Chamber of Civil Law Notaries.

Tamás Balogh
Legal advisor of the Hungarian National Chamber of Civil Law Notaries.

Andrea Gioia
Senior legal officer for the Office of Legal Affairs of the International Atomic Energy Agency in Vienna.

Zsuzsanna Binczki
Legal officer, International Law Department, Ministry of Foreign Affairs and Trade of Hungary.

Enikő Virág
Lawyer-linguist at the Court of Justice of the European Union, Luxembourg.

Eszter Bodnár
Assistant professor that the Eötvös Loránd University, Faculty of Law.

Benedek Varsányi
Legal adviser at the Hungarian Constitutional Court.

Petra Lea Láncos
Researcher – Deutsches Forschungsinstitut für öffentliche Verwaltung (Speyer); Associate Professor – Pázmány Péter Catholic University, Faculty of Law (Budapest); Freelance interpreter (ACI) of the European Union.

János Czigle
PhD researcher at Pázmány Péter Catholic University Faculty of Law and Political Sciences, Budapest
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