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In this paper, Peter Ellis discusses the topic of mental capacity. What is legal capacity, and why is it so important? [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this paper is to present the results of a scoping review on the implementation of Article12 in health care. The scoping review will provide a summary and overview of the key concepts and published literature on this topic internationally. Article 12 of the United Nations Convention on the Rights of the Child (1989) states that children have a right to express their views, to have them heard and for their views to be given due weight in all matters that affect them. Despite increased calls for Article 12 to be given attention in health care, there is little evidence to suggest this has been well implemented and embedded in Australian health-care delivery. The scoping review was undertaken to provide a summary and overview of the key concepts and published literature on this topic internationally. Design/methodology/approach: A five-step methodological framework described by Arksey and O'Malley (2005) was used to undertake the scoping review. Preferred Reporting Items for Systematic Reviews and Meta-Analysis was used as a guideline for undertaking the study selection. Findings: Children are still not routinely involved in health-care decision-making, are frequently left out of service planning and evaluation and the perception that they lack the capability to make rational decisions persists. Originality/value: While there has been a focus on research that investigates children's participation in health-care decision-making in recent years, there is little that directs attention specifically to the implementation of Article 12, particularly in Australian health care. Recommendations are made for further research in these areas. [ABSTRACT FROM AUTHOR]

(Series Information) European Papers - A Journal on Law and Integration, 2024 8(3), 1143-1154 | European Forum Insight of 16 January 2024 | (Table of Contents) I. Introduction. - II. The advent of Putinism in Europe: illiberalism in Hungary and Poland. - III. Diverging approaches to the invasion of Ukraine. - IV. Challenges and opportunities: discovering the EU’s militant democracy potential?. - V. Conclusion. | (Abstract) In the past decade, Hungary and Poland have experienced a process of rule of law backsliding that threatens the state of democracy at home, and affects the decision making and legitimacy of the European Union as a whole. In the face of Russia’s war of aggression against Ukraine, the response of Hungary and Poland has been diametrically opposed, but equally damaging to the EU rule of law. The present Insight will analyse the response of these two member states to the Russian invasion, and it will argue that the war has highlighted major pitfalls in the EU’s policy toward backsliding governments, which continue to benefit from funds and veto powers, undermining the EU’s effectiveness in the process. However, a renewed fight for democracy in Europe could offer the perfect opportunity to be tough on autocrats inside and outside the Union.

As artificial intelligence becomes more prevalent, regulators are increasingly turning to legal measures, like "a right to explanation," to protect against potential risks raised by AI systems. However, are eXplainable AI (XAI) tools-the artificial intelligence tools that provide such explanations-up for the task? This paper critically examines XAI's potential to facilitate the right to explanation by applying the prism of explanation's role in law to different stakeholders. Inspecting the underlyingfunctions of reason-giving reveals different objectives for each of the stakeholders involved. From the perspective of a decision-subject, reason-giving facilitates due process and acknowledges human agency. From a decision-maker's perspective, reason-giving contributes to improving the quality of the decisions themselves. From an ecosystem perspective, reason-giving may strengthen the authority of the decision-making system toward different stakeholders by promoting accountability and legitimacy and by providing better guidance. Applying this analytical framework to XAI's generated explanations reveals that XAI fails to fulfilll the underlying objectives of the right to explanation from the perspective of both the decisionsubject and the decision-maker. In contrast, XAI is found to be extremely well-suited to fulfill the underlying functions of reason-giving from an ecosystem's perspective, namely, strengthening the authority of the decision-making system. However, lacking all other virtues, this isolated ability may be misused or abused, eventually harming XAI's intended human audience. The disparity between human decision-making and automated decisions makes XAI an inst®cient and even risky tool, rather than serving as a guardian Of human rights. After conducting a rigorous analysis of these ramifications, this paper concludes by urging regulators and the XAI community to reconsider the pursuit of explainability and the right to explanation of AI systems. [ABSTRACT FROM AUTHOR]

This research aims to analyse the current levels of women's participation in public social, economic, and political life and their position in decision-making processes in Kosovo. The paper deals with aspects related to the social perspective of women in society and the development of Albanian customary Law in Kosovo. To conduct this analysis, a descriptive analysis was conducted and statistics were presented in percentages. This study highlights the thoughts and evaluations of prominent Albanian anthropology contemporary researchers. focusing on relevant aspects of Albanian ethnocultural life, this study highlights women's importance in building a family, working, and social interaction. Women play a vital role in today's society; they obtain the best education and possess many skills and qualifications through which they provide satisfactory results in many dimensions. In addition, women have managed to occupy prestigious positions, lead, and be part of state institutions despite their challenges due to their lack of representation in decision-making positions. They now do not feel inferior to men, manage to make important decisions, and are even elected, as is the case of Kosovo, as a country's president. Furthermore, this study explores the status of women in society through the lens of codification of customary law, "The Code of Leke Dukagjini", as well as the socio-cultural, economic, and social changes in women's rights today in Kosovo. [ABSTRACT FROM AUTHOR]

Physicians generally recommend that patients resuscitated with naloxone after opioid overdose stay in the emergency department for a period of observation in order to prevent harm from delayed sequelae of opioid toxicity. Patients frequently refuse this period of observation despiteenefit to risk. Healthcare providers are thus confronted with the challenge of how best to protect the patient's interests while also respecting autonomy, including assessing whether the patient is making an autonomous choice to refuse care. Previous studies have shown that physicians have widely divergent approaches to navigating these conflicts. This paper reviews what is known about the effects of opioid use disorder on decision-making, and argues that some subset of these refusals are non-autonomous choices, even when patients appear to have decision making capacity. This conclusion has several implications for how physicians assess and respond to patients refusing medical recommendations after naloxone resuscitation. [ABSTRACT FROM AUTHOR]

Pharmaceutical sector corruption undermines patient access to medicines by diverting public funds for private gain and exacerbating health inequities. This paper presents an analysis of UN Convention Against Corruption (UNCAC) compliance in seven countries and examines how full UNCAC adoption may reduce corruption risks within four key pharmaceutical decision-making points: product approval, formulary selection, procurement, and dispensing. Countries were selected based on their participation in the Medicines Transparency Alliance and the WHO Good Governance for Medicines Programme. Each country’s domestic anti-corruption laws and policies were catalogued and analysed to evaluate their implementation of select UNCAC Articles relevant to the pharmaceutical sector. Countries displayed high compliance with UNCAC provisions on procurement and the recognition of most public sector corruption offences. However, several countries do not penalise private sector bribery or provide statutory protection to whistleblowers or witnesses in corruption proceedings, suggesting that private sector pharmaceutical dispensing may be a decision-making point particularly vulnerable to corruption. Fully implementing the UNCAC is a meaningful first step that countries can take reduce pharmaceutical sector corruption. However, without broader commitment to cultures of transparency and institutional integrity, corruption legislation alone is likely insufficient to ensure long-term, sustainable pharmaceutical sector good governance. [ABSTRACT FROM AUTHOR]

Throughout human history, all new technology has been met with surprise, anxiety, panic, and – eventually – prudent adoption of certain aspects of specific technological advances. This pattern is evident in the histories of most technologies, ranging from steam power in the nineteenth century, to television in the twentieth century, and – now – 'artificial intelligence' (AI) in the twenty-first century. Each generation believes that the technological advances of its era are quantitatively and qualitatively different to those of previous generations, but the underlying phenomenon is the same: the shock of the new, followed by more gradual adjustment to (and of) new technology. These concerns are apparent today in relation to AI, which reflects interesting but incremental advances on existing technologies, rather than stand-alone developments. The usual concerns with all technologies (e.g., that they will replace certain aspects of human function) are, perhaps, more concerning in fields such as mental capacity law, which often applies to people with impaired decision-making capacity who might be especially vulnerable to technologies which appear capable of encroaching disproportionately on decision-making or other areas of core human function. This paper approaches this topic from an historical standpoint, noting both previous technological panics in the past and the possibilities offered by AI today, provided it is approached in a proportionate, prudent, and person-centered way, underpinned by appropriate ethical guidance and active ethical awareness in clinical and legal practice. [ABSTRACT FROM AUTHOR]