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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.
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Online Dispute Resolution in the Kibbutz Society

Journal International Journal of Online Dispute Resolution, Issue 1 2015
Keywords community ODR, Kibbutz, online mediation, online arbitration, dispute system design
Authors Rachel Ran
AbstractAuthor's information

    The rise and fall of the kibbutz society in Israel provides an unique opportunity to examine the application of technology to dispute resolution in a non-traditional setting. The internal dynamics of a small, closed community in an ideological crisis reflect technology’s role not only in undermining existing social order, but also in developing new norms, building consensus and resolving disputes.
    The article describes the nature of disputes in kibbutz communities, which is influenced greatly by the ongoing relationships between the parties, as the lines between co-workers, neighbors, friends and authority figures are blurred. It examines the existing dispute resolutions mechanisms, their formation, their advantages in relation to existing the social norms and their shortcomings, and introduces the concept of online dispute resolution (ODR) in this context.
    Finally, this article applies the advantages of ODR in the traditional, closed-community setting, and suggests additional opportunities for meeting the unique challenges of disputes in the kibbutz society. This merger plays a double role, as it challenges common perception of community disputes, while introducing new and unexpected avenues for the development of ODR.


Rachel Ran
University of Haifa Faculty of Law.
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