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1.
Cuad Bioet ; 35(113): 27-40, 2024.
Article in Spanish | MEDLINE | ID: mdl-38734921

ABSTRACT

The consumption of pornography over the Internet by minors has been increasing exponentially in recent years. The use of digital technologies and the ease of access to these contents are causes that explain this event. Simultaneously, there is concern about the increase in sexual violence, associated with discriminatory behavior, despite the efforts of laws and programs that promote sexual reproductive health (SRH) and the principle of equality. From a bioethical point of view, it is urgent to address this issue, which affects the physical and psychological health of minors and their affective-sexual education. The study addresses whether it is possible to relate the consumption of online pornography by minors and sexual violence. To do this, legal sources, reports from associations, audiovisual councils and scientific studies are consulted. In all of them, the relationship between the consumption of online pornography by adolescents and risky behavior in emotional-sexual matters and gender inequality is evident. In the legal and fiscal sphere, it is alerted to the damage that is occurring and points out the need to propose lines of action that reverse this situation. We propose measures to technically regulate access to content. These measures are based on the precautionary principle, a tool that has been applied in fields such as health and the environment. More studies and political actions are needed to make the Internet a safe place for minors.


Subject(s)
Erotica , Internet , Erotica/legislation & jurisprudence , Erotica/psychology , Humans , Adolescent , Minors/legislation & jurisprudence , Minors/psychology , Female , Male , Child , Sex Offenses/legislation & jurisprudence , Sex Offenses/psychology
8.
Psychiatr Pol ; 55(3): 585-598, 2021 Jun 30.
Article in English, Polish | MEDLINE | ID: mdl-34460883

ABSTRACT

Within the scope of mental health protection, numerous practical problems arise concerning the issue of providing health services to a minor. Admission of a minor to a psychiatric hospital is associated in practice with numerous doubts. This part of the article describes the conditions of admission to hospital with the consent of the patient. It distinguishes and accurately describes situations where a minor is under or over 16 years of age. In addition, it explains situations where there is a contradiction of declarations of will by legal guardians in relation to admission, their inability to perform legal acts, or a contradiction of the statements of the minor and guardian. It also addresses the aspect of receiving written consent during the COVID-19 epidemic.


Subject(s)
Commitment of Mentally Ill/legislation & jurisprudence , Informed Consent/legislation & jurisprudence , Legal Guardians/legislation & jurisprudence , Minors/legislation & jurisprudence , Patient Admission/legislation & jurisprudence , Adolescent , COVID-19/epidemiology , Hospitals, Psychiatric/legislation & jurisprudence , Humans , Mental Disorders/therapy , Poland
9.
J Forensic Sci ; 66(5): 1829-1840, 2021 Sep.
Article in English | MEDLINE | ID: mdl-33895999

ABSTRACT

Juveniles referred for adjudicative competence evaluations make up a subset of youth involved in the juvenile justice system. Among those referred for adjudicative competence evaluations, a significant number involve youth with current or past charges for sexual offenses. This study examines the profiles of youth with sexual offense charges who have been referred for competence evaluations at a state psychiatric hospital for children and adolescents. Differences between the characteristics of youth with and without sexual offenses were explored, and predictors of competence opinions were examined among the subset of youth with current or prior sexual charges (juveniles with sexual offenses, or JSOs). Findings indicated that youth with sexual offenses have several demographic, cognitive, clinical, and legal differences from youth without sexual offenses. Although youth with sexual offenses were less likely to be opined competent, presence of a sexual offense was not a predictor of competence opinions after controlling for other factors. Predictors of competence among JSOs were found to be similar to those among youth referred for competence evaluations in general. Primary diagnosis of an autism-related disorder was a unique predictor of being opined not competent among the JSO subgroup, but not the overall sample. Implications for practice, policy, and research are discussed.


Subject(s)
Mental Competency/legislation & jurisprudence , Minors/legislation & jurisprudence , Minors/statistics & numerical data , Sex Offenses/legislation & jurisprudence , Sex Offenses/statistics & numerical data , Adolescent , Attention Deficit Disorder with Hyperactivity/epidemiology , Autism Spectrum Disorder/epidemiology , Child , Female , Forensic Psychiatry , Forensic Psychology , Humans , Intellectual Disability/epidemiology , Learning Disabilities/epidemiology , Male , Minors/psychology , Racial Groups/statistics & numerical data , Sex Distribution , Sex Offenses/psychology , United States/epidemiology
11.
Multimedia | Multimedia Resources | ID: multimedia-7136

ABSTRACT

Tem dúvidas sobre o tema desta Webpalestra? Usuários cadastrados no Telessaúde ES podem tirar dúvidas sobre os assuntos dos nossos vídeos fazendo teleconsultorias. https://telessaude.ifes.edu.br/salus Se não possuir cadastro no Telessaúde ES, cadastre-se no link abaixo: https://telessaude.ifes.edu.br/autoca... Gostaria de assistir às nossas WebPalestras ao vivo? Acompanhe a agenda do nosso site para saber de novas webpalestras. Ao assistir ao vivo você poderá tirar suas dúvidas diretamente com o palestrante. http://telessaude.ifes.edu.br/webpale...


Subject(s)
Health Law , Health Centers , Minors/legislation & jurisprudence , Health Personnel/education
12.
Med Law Rev ; 28(4): 731-752, 2020 Dec 17.
Article in English | MEDLINE | ID: mdl-33118029

ABSTRACT

The aim of this article is to make a case for mandatory disclosure in assisted reproduction. This refers to a system whereby those who are born through gamete donation and/or surrogacy would be notified about the manner of their birth and the availability of information about their genetic and/or gestational origins. The article argues that, to date, the law has interpreted an individual's interest in knowing their origins as being predominately about identity. However, the central importance of the principle of autonomy in the conceptualisation of this interest has been overlooked. A reconceptualisation of the interest in knowing one's origins as being concerned predominantly with autonomy provides a justification for mandatory disclosure. It is argued that the interest of individuals born through assisted reproduction in having autonomous choice regarding the significance of information about their origins should be prioritised over the autonomous choices of parents not to disclose to their offspring the manner of their birth.


Subject(s)
Disclosure/ethics , Disclosure/legislation & jurisprudence , Donor Conception/legislation & jurisprudence , Mandatory Reporting/ethics , Personal Autonomy , Personhood , Harm Reduction , Humans , Minors/legislation & jurisprudence , Minors/psychology
14.
Pediatrics ; 146(Suppl 1): S25-S32, 2020 08.
Article in English | MEDLINE | ID: mdl-32737229

ABSTRACT

In this article, I examine the role of minors' competence for medical decision-making in modern American law. The doctrine of parental consent remains the default legal and bioethical framework for health care decisions on behalf of children, complemented by a complex array of exceptions. Some of those exceptions vest decisional authority in the minors themselves. Yet, in American law, judgments of minors' competence do not typically trigger shifts in decision-making authority from adults to minors. Rather, minors' decisional capacity becomes relevant only after legislatures or courts determine that the default of parental discretion does not achieve important policy goals or protect implicated constitutional rights in a particular health care context and that those goals can best be achieved or rights best protected by authorizing capable minors to choose for themselves. It is at that point that psychological and neuroscientific evidence plays an important role in informing the legal inquiry as to whether minors whose health is at issue are legally competent to decide.


Subject(s)
Clinical Decision-Making , Mental Competency/legislation & jurisprudence , Minors/legislation & jurisprudence , Parental Consent/legislation & jurisprudence , Adolescent , Adolescent Development , Child , Child Development , Child Health Services/legislation & jurisprudence , Child Rearing , Child Welfare/legislation & jurisprudence , Civil Rights , Clinical Decision-Making/ethics , Family , Health Services Accessibility/legislation & jurisprudence , Humans , Informed Consent By Minors/ethics , Informed Consent By Minors/legislation & jurisprudence , Mental Competency/standards , Minors/psychology , Parent-Child Relations , Parental Consent/ethics , Patient Self-Determination Act , Personal Autonomy , Proxy/legislation & jurisprudence , Treatment Refusal/legislation & jurisprudence , United States
15.
PLoS One ; 15(8): e0237088, 2020.
Article in English | MEDLINE | ID: mdl-32750084

ABSTRACT

BACKGROUND: Regulations are vague regarding the appropriate decision-maker and authority to consent for children of minor parents participating in clinical trials. In countries with high rates of underage mothers, such as in sub-Saharan Africa, this lack of guidance may affect the rights of potential paediatric participants already bearing increased vulnerability. It can also influence the recruitment and generalizability of the research. We provide evidence and discuss informed consent management in such cases to inform best practice. MATERIALS AND METHODS: We searched PubMed/MEDLINE, Embase, CINAHL, and Google Scholar for articles published up to March 2019. In total, 4382 articles were screened, of which 16 met our inclusion criteria. Studies addressing informed consent in clinical trials involving children with minor parents in sub-Saharan Africa were included. We performed descriptive and qualitative framework analyses. The review was registered in PROSPERO: CRD42018074220. RESULTS: Various informed consent approaches were reported. Articles supporting individual consent by minor parents based on emancipation or "mature minor" status lacked evidence in the context of research. National laws on medical care guided consent instead. When no laws or guidance existed an interpretation of the local decision-making culture, including community engagement and collaboration with local ethics committees, defined the informed consent approach. CONCLUSIONS: The review emphasises that the implementation of informed consent for children with minor parents may be variable and hampered by absent or ambiguous clinical trial regulations, as well as divergent local realities. It may further be influenced by the research area and study-specific risks. Clear guidance is required to help address these challenges proactively in clinical trial planning. We provided a set of questions to be considered in the development of an ethically acceptable informed consent approach and proposed information that should be integrated into international clinical trial guidelines.


Subject(s)
Clinical Trials as Topic/legislation & jurisprudence , Informed Consent By Minors/legislation & jurisprudence , Parental Consent/legislation & jurisprudence , Adolescent , Africa South of the Sahara , Child, Preschool , Clinical Trials as Topic/standards , Humans , Infant , Informed Consent By Minors/standards , Minors/legislation & jurisprudence , Parents
16.
Public Health ; 185: 332-337, 2020 Aug.
Article in English | MEDLINE | ID: mdl-32721771

ABSTRACT

OBJECTIVES: In 2017, one in four French 17-year-olds was a daily smoker, even though France prohibited the sale of tobacco to under-18 minors in 2009. This research aims to evaluate the retail violation rate for sale to minors (RVRms) and the associated factors. STUDY DESIGN: The study design used is observational mystery shopping study. METHODS: We conducted a mystery shopping study enlisting 12-year-old and 17-year-old youths in a representative sample of 527 tobacco outlets during three weeks in spring 2019. Multinomial Logit and Probit regressions were estimated on the data collected. RESULTS: The law is not respected. Two of three sellers (65.2%) were willing to make an illegal sale to a 17-year-old minor, and almost one in 12 (8.1%) were willing to sell to a 12-year-old child attempting to buy tobacco. Illegal sales were more likely to be made by male sellers, retailing in big cities, when there were no in-shop queues, and to 17-year-old females. The absence of the mandatory enforcement poster flagging up the ban on the sale of tobacco to minors appears to be a strong factor associated with RVRm. CONCLUSIONS: These findings show that progress needs to be made to better enforce tobacco control legislation to help decrease underage smoking in France. Rate of compliance with the law could be improved by stronger enforcement measures and tougher sanctions, but also by training and the provision of age-verification tools for sellers, as demonstrated by experiments in other countries.


Subject(s)
Commerce/legislation & jurisprudence , Minors/legislation & jurisprudence , Tobacco Products/legislation & jurisprudence , Adolescent , Adolescent Behavior , Child , Commerce/statistics & numerical data , Female , France/epidemiology , Humans , Male , Marketing , Minors/statistics & numerical data , Smoking/epidemiology , Smoking/legislation & jurisprudence , Nicotiana , Tobacco Products/economics , Tobacco Products/statistics & numerical data
17.
Ethics Hum Res ; 42(3): 2-11, 2020 May.
Article in English | MEDLINE | ID: mdl-32421948

ABSTRACT

Given the burden of HIV and other sexually transmitted infections among adolescents who are legal minors, it is critical that they be included in biomedical sexual health trials to ensure that new prevention and treatment interventions are safe, effective, and acceptable for their use. However, adolescents are often not well represented in clinical trials. We provide an overview of the available evidence regarding adolescent and parent willingness for adolescents to participate in biomedical sexual health trials, parental involvement in the permission-consent process, management of differences and discord among adolescents and parents, and parental involvement throughout the study period. We also outline recommendations for current practice and areas for future research.


Subject(s)
Minors , Parental Consent/legislation & jurisprudence , Parents/psychology , Patient Selection , Perception , Sexual Health , Adolescent , Humans , Minors/legislation & jurisprudence , Minors/psychology , Research
19.
Psiquiatr. biol. (Internet) ; 27(1): 16-22, ene.-abr. 2020. graf
Article in Spanish | IBECS | ID: ibc-193256

ABSTRACT

Menores procedentes de familias en conflicto, bien por ruptura, separación o divorcio de sus progenitores, bien por otras razones, con frecuencia acuden a los Centros de Salud Mental de Niños y Adolescentes. Los profesionales se ven entonces envueltos en situaciones muy cargadas emocionalmente y a veces fuertemente judicializadas, en las que pueden surgir dudas sobre cuál sería la actitud a seguir desde el punto de vista clínico, ético y legal. Este artículo de revisión pretende dar respuesta a algunas de estas dudas frecuentes en nuestra práctica clínica habitual, proporcionando una guía de asistencia al menor cuando dicha asistencia está mediatizada por un desacuerdo entre progenitores. Todo ello dentro del actual marco legal del Estado español


Minors that come from broken homes due to a break-up, legal separation, divorce, or for other reasons, frequently go to Child and Adolescent Mental Health Centres. Professionals can find themselves involved in very emotionally charged, and sometimes strongly legally contested situations, where doubts may arise about what procedure they should follow from an ethical, clinical and legal point of view. This review article, based on Spanish law, tries to answer some of the doubts frequently encountered in common clinical practice, and may provide a guide to assisting the child when there is a disagreement between the parents


Subject(s)
Humans , Community Mental Health Services , Parent-Child Relations , Minors/legislation & jurisprudence , Minors/psychology , Judicial Role
20.
MMWR Morb Mortal Wkly Rep ; 69(7): 189-192, 2020 Feb 21.
Article in English | MEDLINE | ID: mdl-32078593

ABSTRACT

Raising the minimum legal sales age (MLSA) for tobacco products to 21 years (T21) is a strategy to help prevent and delay the initiation of tobacco product use (1). On December 20, 2019, Congress raised the federal MLSA for tobacco products from 18 to 21 years. Before enactment of the federal T21 law, localities, states, and territories were increasingly adopting their own T21 laws as part of a comprehensive approach to prevent youth initiation of tobacco products, particularly in response to recent increases in use of e-cigarettes among youths (2). Nearly all tobacco product use begins during adolescence, and minors have cited social sources such as older peers and siblings as a common source of access to tobacco products (1,3). State and territorial T21 laws vary widely and can include provisions that might not benefit the public's health, including penalties to youths for purchase, use, or possession of tobacco products; exemptions for military populations; phase-in periods; and preemption of local laws. To understand the landscape of U.S. state and territorial T21 laws before enactment of the federal law, CDC assessed state and territorial laws prohibiting sales of all tobacco products to persons aged <21 years. As of December 20, 2019, 19 states, the District of Columbia (DC), Guam, and Palau had enacted T21 laws, including 13 enacted in 2019. Compared with T21 laws enacted during 2013-2018, more laws enacted in 2019 have purchase, use, or possession penalties; military exemptions; phase-in periods of 1 year or more; and preemption of local laws related to tobacco product sales. T21 laws could help prevent and reduce youth tobacco product use when implemented as part of a comprehensive approach that includes evidence-based, population-based tobacco control strategies such as smoke-free laws and pricing strategies (1,4).


Subject(s)
Commerce/legislation & jurisprudence , Minors/legislation & jurisprudence , Tobacco Products/legislation & jurisprudence , Humans , United States
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