Law

Social media content significantly contributed to the infringement of children's online privacy. The images and information about children shared by parents (sharenting) become easy targets to be used for illicit purposes. The primary question centres around the principle that parents are legally responsible for their children. The UN Convention on the Rights of the Child (CRC) 1989 recognises the main responsibility of parents for the upbringing and development of a child including the best interest of the child. Parents ought to protect the privacy of their children by making informed decisions when sharing the information and images of their children online. The research aims to examine the extent of the legal and parental control over the sharing of children information online by parents. The research employs a qualitative method and applies a content analysis approach. The research concludes that there is insufficient legal and parental control to address the above issues and requires statutory amendments and collective efforts to reconcile the matter.

Artificial Intelligence (AI) ability of self-learning and adaptation has challenged the medical device regulation in overseeing the safety and effectiveness of medical devices. Thus, this research aims to evaluate the adequacy of the pre-market requirements under the Medical Device Act 2012 in governing AI modification. Employing the doctrinal research methodology, systematic means of legal reasoning pertinent to AI for healthcare applications are produced. An effective medical device regulation is pivotal to foster trustworthiness in the governance and adoption of AI. However, the research findings indicate the deficiency of the current conformity assessment for medical devices in addressing AI modifications.  Keywords: Artificial Intelligence and Law, Artificial Intelligence and Medical Device Regulation, Malaysian Medical Device Regulation eISSN: 2398-4287© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access artic...

The reproductive technology of in vitro fertilisation (IVF) demands an urgent response from legislators who wish to regulate the use of this important technology and have not already done so, and existing legislation or guidelines may require revision and development in order to deal with the particular ethical issues that this technology raises. This research endeavours to develop a coherent conceptual framework based on legal, ethical and Islamic perspectives which can be used to analyse the basis of the IVF legislation in Malaysia. It also considers the social and legislative background to IVF and ARTs generally in Malaysia by drawing comparisons with the legal framework in the UK and assessing the rights of the women and children involved from both the UK and Islamic perspectives. In doing so, this research aims to explore the challenges that will be faced in obtaining the benefits and advantages offered by IVF technology, but will also analyse how the Malaysian government can c...

Good governance, alongside the principles of accountability and transparency, are potential strategies for combating corruption in the healthcare sector. This study aims to examine the role of law to curb the corrupt practices, and it employs a qualitative research methodology through a content analysis approach in which all relevant literature on corruption and law are reviewed. The major finding has significant implications for lawmakers to propound legislative framework for the risks of corruption in the healthcare sector towards promoting accountability and transparency. This paper concludes that the law is an effective tool for instigating change to the healthy anti-corruption environment. Keywords: Corruption; risks; laws; healthcare eISSN: 2398-4287 © 2022. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under r...

It is no doubt that corruption has enormous effects on the efficiency of the healthcare sector. Henceforth, the healthcare sector is a very complex and challenging sector for preventing corruption. Unpacking this issue leads us to the efforts made by the Malaysian government through the Malaysian Anti-Corruption Commission (MACC) and Cabinet Special Committee on Anti-Corruption (JKKMAR) by attempting to control corruption in a variety of ways, such as through general accountability frameworks and broader inclusion of transparency in its operations. Therefore, this research aims to present a legal framework, policy and good practice to guide policymakers in examining corruption in the health sector and to identify possible ways to intervene towards achieving a corrupt-free nation as echoed in the National Anti-Corruption Plan (NACP) 2019-2023. Keywords: Corruption; risks; laws; healthcare eISSN: 2398-4287 © 2022. The Authors. Published for AMER ABRA cE-Bs by e-International Publishin...

Women commit significantly fewer murders than men and are perceived to be less violent. This belief about women’s non-violence reflects the discourses surrounding gender, all of which assume that women possess certain inherent essential characteristics such as passivity and gentleness. When women commit murder the fundamental social structures based on appropriate feminine gendered behaviour are contradicted and subsequently challenged. This article will explore the gendered constructions of women who kill within the criminal justice system. These women are labelled as either mad, bad or a victim, by both the criminal justice system and society, depending on the construction of their crime, their gender and their sexuality. Symbiotic to labelling women who kill in this way is the denial of their agency. That is to say that labelling these women denies the recognition of their ability to make a semi-autonomous decision to act in a particular way. It is submitted that denying the agency of these women raises a number of issues, including, but not limited to, maintaining the current gendered status quo within the criminal law and criminal justice system, and justice both being done, and being seen to be done, for these women and their victims.

In this article I explore the ways in which legal language, discourses, and narratives construct new dominant identities for women who kill their children. These identities are those of the ‘bad’, ‘mad’, or ‘sad’ woman. Drawing upon and critiquing statutes, case law, and sentencing remarks from England and Wales, I explore how singular narrative identities emerge for the female defendants concerned. Using examples from selected cases, I highlight how the judiciary interpret legislation, use evidence, and draw upon gender stereotypes in carefully constructing macro-narratives which produce gendered identities for filicidal women, thus nullifying the challenge these women pose to appropriate femininity and the motherhood mandate. Each of the narrative identities discussed deny the agency of the female defendants that they are attached to, albeit in subtly different ways, by denying their ability to make any degree of choice in relation to their filicidal actions. Although such identity construction and agency denial may not always be damaging to these filicidal women per se, its pervasiveness within legal discourse reinforces and reproduces damaging gender stereotypes surrounding women and femininity.

In response to physicians who refuse to provide medical services that are contrary to their ethical and/or religious beliefs, it is sometimes asserted that anyone who is not willing to provide legally and professionally permitted medical services should choose another profession. This article critically examines the underlying assumption that conscientious objection is incompatible with a physician's professional obligations (the ''incompatibility thesis''). Several accounts of the professional obligations of physicians are explored: general ethical theories (consequentialism, contractarianism, and rights-based theories), internal morality (essentialist and non-essentialist conceptions), reciprocal justice, social contract, and promising. It is argued that none of these accounts of a physician's professional obligations unequivocally supports the incompatibility thesis. Keywords Conscience Á Conscientious objection Á Doctor-patient relationship Á Professional obligations Á Ethics In response to physicians who refuse to provide medical services that are contrary to their ethical and/or religious beliefs, it is sometimes asserted that anyone who is not willing to provide legal and professionally permitted medical services should choose another profession. Although he subsequently qualifies it, the following statement by Julian Savulescu typifies this response: ''If people are not prepared to

The issue of conscientious refusal by health care practitioners continues to attract attention from academics, and was the subject of a recent UK Supreme Court decision. Activism aimed at changing abortion law and the decision to devolve governance of abortion law to the Scottish Parliament both raise the prospect of altered provision for conscience in domestic law. In this article, building on earlier work, we argue that conscience is fundamentally connected to moral integrity and essential to the proper functioning of moral agency. We examine recent attempts to undermine the view of conscience as a matter of integrity and argue that these have been unsuccessful. With our view of conscience as a prerequisite for moral integrity and agency established and defended, we then take issue with the 'incompatibility thesis' (the claim that protection for conscience is incompatible with the professional obligations of health care practitioners). We reject each of the alternative premises on which the incompatibility thesis might rest, and challenge the assumption of a public/private divide which is entailed by all versions of the thesis. Finally, we raise concerns about the apparent blindness of the thesis to issues of power and privilege, and conclude that conscience merits robust protection.

Concern over the removal of organs and tissues for transplantation, or other, purposes is nothing new, and in the United Kingdom this issue was brought dramatically into the spotlight towards the end of the 1990s and at the start of the 2000s when it was revealed that, following surgery, children's hearts were being retained at Bristol Royal Infirmary without the knowledge and/or consent of their parents. In the subsequent inquiry, it was discovered that similar practices were occurring at Alder Hey Children's Hospital in Liverpool, and in other hospitals throughout the country. 1 At that time, it was not generally known that organs and tissues were retained after a post-mortem for research, teaching, diagnostic or other purposes (and in some cases nothing at all was done with or to them). Many families were outraged and distraught to learn that their consent to post-mortem had been deemed to also be consent to the long-term retention of organs and tissues, and that they had unknowingly buried or cremated 'incomplete' bodies. Understandably, the organ retention scandal received much press and academic attention, 2 and it, ultimately, resulted in new legislation, 3 designed (in part) to ensure that the same could never happen again via the introduction of an 'appropriate consent' regime to organ and tissue removal and use. 4 It is with this background in mind that we consider the decisions of the European Court of Human Rights (the ECtHR) in two cases which were heard within six months of each other, both regarding provisions of Latvian legislation concerning when organs and tissues can be removed from a deceased person for transplantation purposes-Petrova v. Latvia and Elberte

It is an oscillating state of disappearance and appearance, of waxing and waning, which signifies one particular point where we are now at in addressing and questioning the body. Certainly, the preoccupation with extremes of bodily presence and absence can readily be seen in the popular media. Somewhere after the news channels (reporting with increasing concern on the growing problems of obesity and starvation) but before the shopping channels (selling clothes for the extra-large and featuring models that are extra-thin), unhappily sandwiched between 'Dog Borstal' (overweight and mutinous canines) and 48 more music channels, one can find programme after programme on the body. While Dog Borstal is in the ad-break (which features slimming aids and exercise items) 'Half Ton Hospital' is over on the next channel, which shows near-spherical people as they struggle to gain control of their riotous flesh, alarmingly amplified by the effects of widescreen. The widescreen effect spreads over onto other channels, where the viewer can observe a display of fat babies (which I thought were supposed to be fat, but in this case, are clinically overweight), share in High Definition 3 the extreme cosmetic surgeries of minor celebrities as they sculpt and reform, inject and subtract according to fashion (it seems that interior designers are out, designer interiors are in … ), then watch it all disappear in yet more documentaries following the heaving endeavours of those now trying to *Contact: Centre for Law and Society, Lancaster University Law School, Lancaster University Lancaster UK LA1 4YN [email protected]. Dr Chatterjee is a Lecturer in Law who, when not watching TV, interrogates legal issues from an interdisciplinary perspective, focusing particularly on gender, sexuality, sexual expression and cyberspace. She thanks the anonymous reviewer for their constructive comments and suggestions, and the editors of this special edition, Elena Loizidou and Sara Ramshaw, also Judith Grbich, for their patience, suggestions and support. Thanks to