Download or read book Consultation Or Consent written by Robert J. Miller and published by . This book was released on 2015 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article explores the current international law movement to require nation/states to consult with Indigenous peoples before undertaking actions that impact Indigenous nations and communities. The United Nations took a significant step in this area of law in September 2007 when the General Assembly adopted the Declaration on the Rights of Indigenous Peoples. The Declaration contains many provisions requiring states to confer and consult with Indigenous peoples, and in many instances to obtain their “free, prior and informed consent.” This article undertakes an original and detailed investigation into how the free, prior and informed consent standard emerged in the drafting of the Declaration.But the article also points out that consultations and obtaining the consent of Indigenous peoples is nothing new in the political and diplomatic relations between American Indian nations and the United States. From the very founding of the U.S., it has maintained a government-to-government relationship with Indian tribes. This relationship is expressly recognized in the U.S. Constitution, and is reflected in hundreds of U.S./Indian treaties and in the history of the interactions between these governments. A nearly constant stream of formal and informal consultations and diplomatic dealings has marked this relationship.In recent decades, though, the international community has begun focusing on consultations with Indigenous peoples and has increased the international law obligation on states to consult. The international regime is also moving far beyond mere consultations and is requiring states to obtain the free, prior and informed consent of Indigenous peoples. On the surface, requiring the United States to obtain the informed consent of Indian nations and peoples, before undertaking actions that affect them, might be more onerous than just consulting with tribal governments.This article examines the history and modern-day processes for United States consultations with Indian nations and the emerging international law standard of free, prior and informed consent. The article argues that the United States should continue and even enhance the consent paradigm that has always been the goal of federal/tribal relations. And, the article also argues that the United States should have little trouble adapting to the new international law consent movement.
Download or read book Consultation and Consent Protocols and Self determination written by Martha Priscylla Monteiro Joca Martins and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This doctoral research investigates the major difficulties and potentialities of applying autonomous consultation and consent protocols elaborated by Indigenous, Afro-descendant, and traditional peoples and communities as guidelines to implement free, prior, and informed consent (FPIC). These peoples and communities have elaborated their protocols grounded on their right to selfdetermination and based on international, national, and their own pluralistic laws to establish how they want to be consulted and their requirements for providing or withholding consent. This research examines how peoples and communities have asserted FPIC frameworks in their protocols, how the law has made room for the protocols' application, and how the protocols have been effectively applied as guidelines in consultation and consent processes. These objectives were pursued through (i) a documentary analysis of autonomous protocols elaborated by diverse peoples and communities in Brazil, Canada, and other countries in the Americas; (ii) a documentary analysis of how the international human rights system has made room for recognition of the protocols; and (iii) a study on the application of the protocols in Brazil, with particular focus on Indigenous protocols in the Amazon region, using open-ended interviews, documentary analysis, and exploratory secondary research. The documentary research on the protocols and the international human rights system and the focused study on application in Brazil provided findings that allow for important reflections on the foremost difficulties and potentialities of applying the protocols. The results reveal that the main difficulties in acknowledging and applying the protocols concern the legal-political challenges of implementing FPIC and how the protocols relate to state legal frameworks, in the sense that state-centric views may disregard or restrain the application of the frameworks established in the protocols. Conversely, the research demonstrates that, from a self-determining perspective, peoples and communities have the right to determine frameworks and guidelines for consulting with them and seeking their consent, and shows that the protocols express their autonomous framework for consent. Finally, the research proves that the protocols' application has the potential to implement FPIC respecting the rights, institutions, pluralistic laws, and cosmopolitics of the peoples/communities who authored them.
Download or read book Consent to Examination Or Treatment written by Northern Ireland. Department of Health, Social Services, and Public Safety and published by . This book was released on 2002 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Consent to Examination Or Treatment written by Northern Ireland. Department of Health, Social Services and Public Safety and published by . This book was released on 2002 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Free Prior and Informed Consent Engagement and Consultation written by and published by . This book was released on 2015 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Registries for Evaluating Patient Outcomes written by Agency for Healthcare Research and Quality/AHRQ and published by Government Printing Office. This book was released on 2014-04-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This User’s Guide is intended to support the design, implementation, analysis, interpretation, and quality evaluation of registries created to increase understanding of patient outcomes. For the purposes of this guide, a patient registry is an organized system that uses observational study methods to collect uniform data (clinical and other) to evaluate specified outcomes for a population defined by a particular disease, condition, or exposure, and that serves one or more predetermined scientific, clinical, or policy purposes. A registry database is a file (or files) derived from the registry. Although registries can serve many purposes, this guide focuses on registries created for one or more of the following purposes: to describe the natural history of disease, to determine clinical effectiveness or cost-effectiveness of health care products and services, to measure or monitor safety and harm, and/or to measure quality of care. Registries are classified according to how their populations are defined. For example, product registries include patients who have been exposed to biopharmaceutical products or medical devices. Health services registries consist of patients who have had a common procedure, clinical encounter, or hospitalization. Disease or condition registries are defined by patients having the same diagnosis, such as cystic fibrosis or heart failure. The User’s Guide was created by researchers affiliated with AHRQ’s Effective Health Care Program, particularly those who participated in AHRQ’s DEcIDE (Developing Evidence to Inform Decisions About Effectiveness) program. Chapters were subject to multiple internal and external independent reviews.
Download or read book Consent to Examination Or Treatment written by Northern Ireland. Department of Health, Social Services, and Public Safety and published by . This book was released on 2002 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Consent and Offences Against the Person written by Roger Leng and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Consent to Examination Or Treatment Public Consultation written by Northern Ireland. Department of Health, Social Services, and Public Safety and published by . This book was released on 2002 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Consent what You Have a Right to Expect written by Northern Ireland. Department of Health, Social Services, and Public Safety and published by . This book was released on 2002 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Advice and Consent written by Frank J. Schwartz and published by Cambridge University Press. This book was released on 1998 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Schwartz explores how political conflicts of interest among economic groups are resolved in Japan.
Download or read book Dictionary of Global Bioethics written by Henk ten Have and published by Springer Nature. This book was released on 2021-05-26 with total page 1063 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Dictionary presents a broad range of topics relevant in present-day global bioethics. With more than 500 entries, this dictionary covers organizations working in the field of global bioethics, international documents concerning bioethics, personalities that have played a role in the development of global bioethics, as well as specific topics in the field.The book is not only useful for students and professionals in global health activities, but can also serve as a basic tool that explains relevant ethical notions and terms. The dictionary furthers the ideals of cosmopolitanism: solidarity, equality, respect for difference and concern with what human beings- and specifically patients - have in common, regardless of their backgrounds, hometowns, religions, gender, etc. Global problems such as pandemic diseases, disasters, lack of care and medication, homelessness and displacement call for global responses.This book demonstrates that a moral vision of global health is necessary and it helps to quickly understand the basic ideas of global bioethics.
Download or read book Review of Consent Laws and the Excuse of Mistake of Fact written by Queensland. Law Reform Commission and published by . This book was released on 2019 with total page 93 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples written by Catarina Woyames Dreher and published by Springer Nature. This book was released on 2024-01-05 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate the empirical evidence in light of theoretical considerations. It thereby expands the understanding of consultation as a right under national legal systems and considers practical ways on how to enforce domestic redress for avoiding legal indeterminacy. The conclusions of the analysis contribute to not only a better understanding of the subject matter but also showcase ways of how to improve the realities on the ground. The book puts forward a range of recommendations directed at national authorities, international organizations, development lenders and civil society to help improve the unsatisfactory present circumstances. The intended audience encompasses legal scholars, students, practitioners and journalists, as well as anyone interested in research on the realization of indigenous peoples’ rights and the role of international law in the 21st century.
Download or read book Consent to Examination Or Treatment Consultation Response Proforma written by Northern Ireland. Department of Health, Social Services, and Public Safety and published by . This book was released on 2002 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Study on consultation and free prior and informed consent with indigenous peoples in Africa written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prior Consultation in International Law written by Frederic L. Kirgis and published by . This book was released on 1983 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the role and the value of prior consultation among nations in international law. International disputes frequently occur when one nation, with no hostile intent, takes unilateral action that adversely affects the interests of other nations. It is generally acknowledged that some of these disputes could be avoided, and others could be ameliorated, if the acting government would assess beforehand the risk of harm to other nations. The most effective way to do this is through prior consultation with representatives of potentially affected nations. When governments are able to act unilaterally, they have very little incentive to refrain from taking self-interested action in order to consider the adverse interests of other nations. Thus, it is important to determine the circumstances in which international law imposes on them a duty to consult. The author examines these determining circumstances in detail.
