The South-East Asia Region: Societal Conditions for LGBT Health and Cancer Research

This chapter is a substitute for chapters that were not completed due to the COVID-19 pandemic. In lieu, this chapter on LGBT and cancer in the South-East Asia region provides an overview of recent changes in sexual and gender minorities' legal situation, various aspects of LGBT communities, and organizations. While cancer is recognized as a threat to the region, a literature review of LGBT health research shows that a wide range of different topics are explored, with infectious diseases being the main focus. The time appears right for an expansion of the scope of LGBT health research to more prominently address noncommunicable diseases, such as cancer. However, it might be possible that COVID-19 will further delay research on noncommunicable diseases among LGBT populations. © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022.

Limitation of rights in the times of the COVID-19 pandemic: a view from Kosovo's Constitutional Court's 'shaky' jurisprudence

The COVID-19 pandemic has forced governments across the globe to take infection-control actions by and large unforeseen and unforeseeable in their constitutional frameworks. Several measures forcing restrictions on travel, business operations, labour, healthcare and/or the education system have characterised public policy in most of them. A fair number of those restrictions adopted in the form of government or legislature decisions are labelled as 'lockdown measures'. This article examines two recent cases ruled upon by the Constitutional Court of Kosovo (CCK or Court), whose primary aim was to pronounce on whether the Kosovo government's lockdown measures were compatible with the criteria authorising a limitation of fundamental rights. These two cases present an outstandingly activist attitude of the Court in controlling government behaviour in times of a pandemic outbreak, by primarily questioning the state's negative obligations in the face of freedom of movement, right to private and family life, and freedom of assembly;whereas positive obligations of the state with regard to the right to life and its associated right, the right to health, were neglected altogether. The article concludes that the mechanical interpretation which the two Court cases drew neither contributes to a richer substantive human rights protection, nor functionally elevates the concept of human rights in times of pandemic. [ FROM AUTHOR] Copyright of International Journal of Human Rights is the property of Routledge and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full . (Copyright applies to all s.)

The challenges of embedding advanced care planning into a Haematology service

Following an increased need for individual patient escalation plans during the COVID-19 pandemic we recently created a working group to embed Advance Care Planning (ACP) into our service. Modern ACP is not only about end-of- life planning, it involves meaningful conversations and supporting patients to make decisions throughout all stages of their disease and treatment. With early conversations and the opportunity to pre plan, the stress and anxiety attached to the difficult decisions at a time when someone may be acutely unwell should become easier (from the perspective of both staff and patients). We carried out a preproject audit to ascertain patient opinions on how we could embed ACP into our service. 50 patients were offered a questionnaire, 38 chose to partake. Result(s): 100% (38) of patients had never been approached by a nurse to discuss ACP. 82% (31 out of 38) said they would not want to be approached about ACP. 18% (7 pts) would like to be approached but 13% (5pts) noted only if end of life. On asking when the best time to be approached: three patients said 'at diagnosis', two said 'anytime', one said 'never', five said 'when ready' and seven said 'end of life only'. Suggestions on the best way to raise ACP issues, five said poster displays (one noting the need for this poster to be positive and also available in Welsh), four suggested routine discussions in the current appointment and five people suggested a separate appointment. Other comments included, I only want to discuss these issues with my solicitor, I would like my family to be involved, make sure the nurses can answer questions. Average age was 68.5 years (range 49-85). Discussion(s): This was a limited audit on an outpatient population, but it raised a number of important issues. The actual carrying out of an audit on an emotive subject highlighted one the difficulties of embedding ACP initiatives into a service with a quarter of patients choosing not to answer the questionnaire, and of those who chose to answer 83% said they did not necessarily want to be approached to discuss ACP. In addition, the terminology 'ACP' appeared confusing, many people linking it to end-of- life discussions or to legal aspects such as writing of Wills. The barriers this audit has highlighted, has helped to shape the future direction of our working group and highlighted the need for increased training.

Analysis Of The Scope Of India's Virtual Court Hearings

With the increasing internet accessibility in India and the challenges posed by the Covid-19 pandemic, the practice of virtual court hearing has been accelerated in India. The virtual Court acts as an effective means to conduct Court proceedings, debarring geographical barriers and uplifting Courtroom functioning's productivity. Along with the practical applicability of virtual court hearings in India comes the glitches or challenges posed by the virtual hearing of matters. Nonetheless, the necessity of physical hearing of matters cannot be ignored. In pursuance of this, arguments in favor of reverting towards physical hearings after the pandemic situation ends are being posed before the Indian Judiciary, which negates the applicability of virtual courtrooms. Thereby, this article aims to analyze the applicability, necessity and efficacy of virtual court hearings and the challenges posed by Virtual Court hearings in India.Copyright © 2020 Ubiquity Press. All rights reserved.

Mr. Crawford Gets COVID: Courts' Struggle to Preserve the Confrontation Clause During COVID and What It Teaches Us About the Underlying Rights

One of the things courts across the nation struggled with throughout the COVID-19 pandemic was the conflict between preserving defendants' rights under the Confrontation Clause of the Sixth Amendment and implementing the safest public health measures. Measures like masking or virtual testimony recommended by public health officials threatened to abridge defendants' rights. This Note has two primary contentions. First, it will argue that the wide variation in the ways courts chose to resolve this tension revealed a fundamental issue in our Confrontation Clause jurisprudence: Courts have never actually defined the underlying right. In fact, this Note will argue, that the "confrontation right" is more appropriately understood as a bundle of distinct rights which must be carefully prioritized. Second, this Note will argue that the standards used to adopt these modifications were insufficiently rigorous. It proposes, therefore, that it is time for the legislature to intervene as they have in other situations involving modified confrontation, and to provide courts with a structured procedure for authorizing modified witness testimony during times of emergency.

In need of what? Section 17 Provision under the Children Act 1989

This article considers Section 17 'child in need' provision under the Children Act 1989, the main legislation governing Children's Services in England. Arguably, Section 17 has never been given the same priority as other statutory requirements under the Act. The intention was to create a broad umbrella provision for children living with their families, but children assessed as 'in need' are not entitled to receive such services unless they are disabled. This exploration is timely given the current Independent Review of Children's Social Care in England, ongoing austerity measures, high rates of child poverty and COVID‐19. Consideration is given to the development of Section 17 and what the future may hold.

Access to Medicine in Developing Countries: Elevating State Obligations Over Corporate Profit

This paper investigates the divergence between the objectives of the state in ensuring citizens' right to health and the profit-maximization objective of pharmaceutical corporations in relation to, access to, and supply of medicine. This divergence is pertinent given both the rising cost of medicines and unmet needs, particularly in developing countries. This paper analyses the correlation between pharmaceutical corporations' profit drive and the state's welfare obligation. There is a need to bridge the gap between business and human rights, which can be achieved by combining the concepts of "business ethical responsibility" and corporations' contributions to "common good" with the jurisprudence on the right to health. This is imperative in view of the impact of the business of pharmaceutical corporations on vulnerable populations, particularly in, but not limited to, developing countries.

The Rights Of The Dead And Their Rights To Have Dignity In Their Last Rites: A Study In India During The Covid-19 Pandemic

With the deadly COVID-19 claiming more than 1.3 lakh lives by November 2020 in India, a very pertinent thought comes to anyone's mind. That, is it illegal to deny last rites to a COVID-19 deceased in India? Various health and safety guidelines issued by international organizations like the World Health Organization and national organizations like the Ministry of Health and Family Welfare concerning the last rites of COVID-19 patients have failed to address the issue at hand. Numerous reports of inhumane treatment of the dead have raised concerns among human rights activists and the Indian Courts wherein it was stated that the rights of the dead to a decent funeral are enshrined in Article 21 and Article 25 of the Indian Constitution. The paper provides detailed insights into the chaos that have unfolded around the last rites of the dead, traces the human rights jurisprudence on this much-neglected topic and concludes with the recent judicial pronouncements in the subject area.Copyright © 2020 Ubiquity Press. All rights reserved.

Compensatory Jurisprudence in India: A step Forward to Rehabilitate the Victims of Various Acts and Crimes

Nirbhaya, Asifa, Manisha Valmiki, and the list of victims, (be it women, children or men) in India goes on. There is myriad of legislations enacted in the past to curb the offences, but the crimes in the society seem to be unstoppable. During the COVID time, in the lockdown too, the crimes continued to take place. There were several instances of domestic violence and rapes heard in news. Many instances of suicides were reported. It is really difficult to understand what place in the country is safe for the existence and peaceful survival of any person? The question that arises is whether a victim who comes before the court is provided with the adequate relief? Has the Judiciary or the Parliament done something with this regard? Does the concept of compensatory jurisprudence exist in India? What more is required to be done to enhance the position of victims and rehabilitate them? The research article shall look into the concept of compensatory jurisprudence with respect to India and other nation states as well. There are prevailing enormous laws which discuss about the punishment to be given to the accused person guilty to have committed crime, but unfortunately, there is no specific law regarding the steps to be taken to rehabilitate a victim who has been the subject matter of any crime. The research paper shall deal with various aspects and try to analyse laws or rules, if any, existing with regard to the protection of victims in India or around the globe. It shall also try to look into the role that the States play in rehabilitating and compensating the sufferers and victims of various crimes. The article shall conclude with suggestions as to how the research gaps related to victim reparation be filled. © 2023, The Author(s), under exclusive licence to Springer Nature B.V.

THE UNREASONABLENESS OF REASONABLE: RETHINKING THE REASONABLE INVESTOR STANDARD

-This Note explores the reasonable investor standard in light of recent developments in pandemic-era securities litigation. Scholars have long criticized the reasonable investor standard for determining materiality. Given the dramatic backdrop of the COVID-19 pandemic, the limitations of the standard are becoming ever more evident. This Note provides a brief history of the development of the current standard and highlights some of its problems through two recent COVID-19 securities fraud cases. This Note argues that the reasonable investor standard is no longer sufficient to protect investors. Through examining tort law and First Amendment jurisprudence, this Note differentiates between the reasonable and average persons and recommends replacing the reasonable investor standard with the average investor standard.

Commercial sexual exploitation of children in Zimbabwe: A threat to human and social development

Commercial sexual exploitation of children (CSEC) in child sex work is reportedly rising in Zimbabwe. While children of both sexes are affected, more females than males are forced to engage in sexual acts in exchange for money, food, access to shelter, education or some other gains from adults who control these means of survival and commodities. Drivers of CSEC include socioeconomic factors, negative peer pressure, childhood abuse, the influence of uncensored social media, and, more recently, the economic impact of COVID‐19. Involvement in underage sex work exposes children to severe adversities, such as psychosocial and mental health disorders, physical and biological injuries, venereal diseases and HIV. CSEC is a growing concern for resource‐limited countries, disenfranchises children and robs particularly the girl child of a better future. The worsening socioeconomic landscape in Zimbabwe and the COVID‐19 pandemic have exacerbated the problem. Solving the problem of CSEC requires a multipronged approach that involves stakeholders from several sectors, including public health, education, social services, security and the legal fraternity. There is a need to empower communities, empower civil society and development partners, enhance legal frameworks, provide messaging, education and vocational training, as well as rehabilitative services for affected children and their families. CSEC is a violation of the child's rights and a public health concern that needs to be addressed as a matter of urgency to preserve the next generation's human capital necessary for the sustainable development of Zimbabwe.

Relevance of Duties in the Contemporary World: With Special Emphasis on Gandhian Thought

This book reflects on the significance of duties in creating an egalitarian society by collating and contextualizing the relevant literature. It particularly focuses on an appreciation of Gandhi's views on duty to showcase how they remain pertinent to create a cohesive, responsible and value-based society in the present right-dominated world. A viable solution to the current real world problems could be found in exploring the philosophy on duties and the book provides relevant literature in this regard. It undertakes jurisprudential analysis of duty in a rights-dominated world, identifying the gaps in realising the potential of duty to address the critical issues of the present times. It argues that enforcement of rights depends heavily on the observance of duties and proposes coherence in right-duty relationship. Gandhian thought on duty recognises duty as a precursor to rights and emphasises that the observance of duties guarantees the enforcement of rights. The relevance of duties and Gandhian thoughts on the same is not restricted to India but transcends borders with profound appeal. Gandhian thoughts have become even more relevant in the current times to examine the situation of COVID-19 pandemic, racial discrimination (BLM), environmental crises, digital divide, health care and medical care crises, refugee and migrant labour problems and it can offer promising solutions based on the nuances of social solidarity, self realisation of duties/responsibilities, local governance, compassion and humanity. © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Singapore Pte Ltd. 2022.

'I have enough pressure as it is, without the worry of doing something wrong because of ignorance': The impact of Covid-19 on people who employ social care personal assistants

People with care and support needs were often badly affected by Covid-19, although the impact on people employing Personal Assistants (PAs) has not been addressed. We aimed to explore the experiences of people employing PAs during the pandemic to inform care systems and social work practice. Remote qualitative interviews were conducted with seventy PA employers across England in 2021–2022. Data were analysed thematically to explore salient themes. The Covid-19 pandemic elucidated role tensions of PA employers: Navigating care arrangements during a time of unprecedented uncertainty reinforced participants' role as an employer, but exposed some aspects of employment responsibilities and legal obligations that participants felt ill-equipped to manage. Reports of contact with or by social workers were few and not perceived as helpful. The often-informal nature of PA arrangements and its blurred relational boundaries affected participants' expectations of their PAs. PA employers would welcome support from social workers in their employment role and flexibility with care plans, albeit with greater autonomy over their Direct Payment (DP) budget to enhance the potential of this arrangement. In the context of declining DP uptake in England, our study offers some potential explanations for this, with suggestions for systemic change and social work practice.

Tobacco: Raising the age, enforcement, and COVID‐19

The National Association of State Alcohol and Drug Abuse Directors (NASADAD) last week released an updated fact sheet for provisions of the Synar Amendment, including revisions made as a result of COVID‐19. The Synar Amendment, named for the late former Congressman Mike Synar (D‐Okla.), requires states to prohibit the sale or distribution of tobacco products to minors. The update, by NASADAD's Lacy Adams, noted the following events.

AWARENESS OF OCCUPATIONAL FIQH (ISLAMIC JURISPRUDENCE AND LAW) IMPLEMENTATION IN COVID-19 SITUATION AMONG WORKERS IN TERENGGANU, MALAYSIA 1

Resumo: A fiqh (Jurisprudencia Islámica) é um ramo da fiqh que lida com leis islámicas para questoes ocupacionais contemporáneas. A implementação de Pelan Induk Terengganu Sejahtera (Plano Mestre de Terengganu Prospero) ou PITAS 2030 que visa formar um estado próspero e religioso, a implementação da fiqh ocupacional entre os trabalhadores é altamente essencial, particularmente quando se enfrenta a nova situação normal pandémica da COVID-19. Contudo, a implementação eficaz necessita de uma excelente consciencialização entre os trabalhadores para que seja praticada de forma eficiente e empenhada. Por conseguinte, este estudo visou o levantamento do nivel de consciencialização sobre a implementação de fiqh ocupacional especialmente durante a situação da COVID-19 entre os trabalhadores em Terengganu. Dinamicamente, este estudo foi realizado através de uma abordagem quantitativa empregando o inquérito e o método descritivo. Através do inquérito, verificou-se que o nivel de consciencialização sobre a fiqh ocupacional entre os trabalhadores de Terengganu era elevado. Assim, podem ser organizados mais programas para melhorar ainda mais o seu nivel de consciencialização e encorajar a implementação eficiente de fiqh ocupacional entre os trabalhadores, particularmente durante a situação pandémica da COVID-19 e para 'O Novo Normal'.Alternate :Occupational fiqh (Islamic Jurisprudence) is a branch of fiqh dealing with Islamic laws for contemporary occupational issues. Terengganu's implementation of Pelan Induk Terengganu Sejahtera (Master Plan of Prosperous Terengganu) or PITAS 2030 which is aiming to form a prosperous and religious state, occupational fiqh implementation among the workers is highly essential, particularly while facing COVID-19 pandemic new normal situation. However, effective implementation needs excellent awareness among the workers so that it will be practiced efficiently and committedly. Therefore, this study aimed to survey the level of awareness on occupational fiqh implementation especially during COVID-19 situation among workers in Terengganu. Dynamically, this study was performed through quantitative approach employing survey and descriptive method. Through the survey, it was found that the level of awareness regarding occupational fiqh among Terengganu workers was high. Thus, further programs can be organised to improve further their level of awareness and encourage efficient occupational fiqh implementation among the workers particularly during COVID-19 pandemic situation and to 'The New Normal'.

Birth under restrictions: Exploring women's experiences of maternity care in Aotearoa New Zealand during the COVID-19 lockdown of 2020

Introduction: In Aotearoa New Zealand the COVID-19 pandemic in 2020 resulted in a four-week lockdown in March and April of 2020 with ongoing restrictions for several weeks. Aim: To explore the experiences of women who were pregnant, giving birth and/or managing the early weeks of motherhood during the 2020 COVID-19 alert levels 3 and 4 in Aotearoa New Zealand. Method: This qualitative study used semi-structured interviews to explore childbirth experiences during the COVID-19 alert level restrictions. Reflexive, inductive, thematic analysis was used to identify codes, subthemes and themes. Findings: Seventeen women participated in the study. Analysis of the qualitative interviews revealed four themes. The first of these was: Relationship with my midwife, in which participants described the importance of the midwifery continuity of care relationship, with midwives often going above and beyond usual care and filling the gaps in service provision. In the Disruption to care theme the participants described feeling anxious and uncertain, with concerns about the hospital restrictions and changing rules. The participants also described their Isolation during postnatal care in a maternity facility due to separation from their partners/whānau;they describe receiving the bare necessities of care, feeling they were on their own, and working towards their release home;all of which took an emotional and mental toll. The final theme, Undisturbed space, describes the positive aspects of the lockdown of being undisturbed by visitors, being better able to bond with the baby and being able to breastfeed in peace. Conclusion: Midwifery continuity of care appears to have supported these women and their families/ whānau during the service restrictions caused by the COVID-19 lockdown. The partner, or other primary support person, and whānau should be considered essential support and should not be excluded from early postpartum hospital care.

Changing English Local Authority Duties by the Adoption of Easements in the COVID-19 Pandemic, Findings from an Interview-Based Study

This article reports findings from a study on the effect of the adjustments or 'easements' that were made to the 2014 Care Act when measures to manage the impact of COVID-19 were introduced in England in 2020. Only eight local authorities (LAs) implemented the changes permitted. The experiences of five are explored in this article. Data were collected in 2021 through interviews with Directors of Adult Social Services and other senior managers in these LAs and analysed using a thematic approach. Participants referred to the challenges under which they were working pre-pandemic, including resource pressures and problems recruiting and retaining staff. Despite the conditions attached to adopting easements these LAs had done so because of the uncertainties they were facing. All ceased to use them within a short time because they could manage without them. They had been shocked by the concerted opposition to easements and the time necessitated in responding to this. They contrasted their experiences with the apparent ease with which NHS colleagues had been able to change their practices. The experiences of these LAs may contribute to planning for the continuity of social care in any future emergency.

The importance of adhering to regulations in healthcare: lessons from the COVID-19 pandemic and historical incidents

George Winter discusses the importance of following healthcare rules, regulations and guidance within healthcare, using both COVID-19 and historical cases to demonstrate this

Social Accountability and Legal Empowerment Initiatives: Improving the Health of Underserved Roma Communities in Eastern Europe

Improving the protection of the right to health of ethnic Roma people is one of the most pressing public health challenges in contemporary Europe, as their life expectancy and health status remain significantly lower than their non-Roma counterparts. This paper analyzes Roma-led accountability initiatives that embrace social accountability and legal empowerment approaches to advocate for equitable fulfillment of the right to health. While these initiatives have led to the elimination of some harmful health practices (such as illegal cash bribes and violent and abusive treatment by medical professionals) and to improvements in health care, and some Roma communities have become driving forces for local and national health system reforms for advancing the fulfillment of health rights, the health inequalities affecting Roma communities remain significant. This issue also remains largely overlooked by European health research and policy experts, who are mostly reluctant to incorporate analyses of ethnicity and racialization into their research on health inequalities in Europe. The COVID-19 pandemic has further exacerbated these health inequalities.