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experienced realities upon the typical conscious human mind, the essential elements of the concept of law—those elements needed to distinguish political positive law from other phenomena—can be discerned to necessarily include a socially-recognizable coercive intent on the part of a lawmaker toward her legal subjects, i.e. those bound in duty to obey her laws. That coercive intent ultimately must be backed by physical coercion or the threat of it, From now on, I will use “physical coercion” and “physical force” to include the threat of physical force unless indicated
Tomasz Kucmin, Adriana Kucmin, Małgorzata Płowaś-Goral and Adam Nogalski
Helping people with mental disorders poses a challenge to the members of medical emergency services (EMS). Psychiatric patients are often unpredictable and applying physical coercion is necessary in some cases.
The aim of this paper was to present and comment on legal foundations of application of different forms of physical coercion by EMS members and describe how to fill out medical records required every time physical coercion was used.
According to the amendments of Polish Mental Health Act made in 2010, the EMS members were granted the right to apply physical coercion. Further amendments to the Mental Health Act and the introduction of appropriate Ministry of Health decree define forms of physical coercion, indications to apply physical coercion and include a sample of proper medical records which are required in all cases of application of physical coercion.
Application of physical coercion should always be treated as last-line treatment option while helping patients suffering from mental disturbances. Obeying the law every time a decision regarding physical coercion is made protects patients’ right to receive dignified care and treatment as well as the rights of medical professionals
Elise Brown, Laura Spiller, Beverly Stiles and Lon Kilgore
Adams-Curtis, L., Forbes, G. (2004). College women’s experiences of sexual coercion: a review of cultural, perpetrator, victim, and situational variables. Trauma Violence Abuse, 5, 91-122.
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The Spanish Constitution defines the Senate as 'Chamber of territorial representation'. But in the Senate the provinces are represented, not the Autonomous Communities. The Senate is a Chamber of ‘sober second thought’, subordinated to the lower House, whose will prevails in the event of discrepancy. It lacks specific powers with regard to territorial autonomy; in spite of this, there has been an attempt to assign it relevance in this sphere by creating a General Committee on Autonomous Communities. By way of exception the Senate is exclusively responsible for the decision to authorize the Government to apply measures of ’federal coercion'. This constitutional provision was first activated in October 2017, in the context of the secessionist process in Catalonia, as a result of the repeated noncompliance by the authorities of the resolutions of the Constitutional Court (CC), which concluded with the Unilateral Declaration of Independence (UDI) by Parliament at the same time as the adoption of the measures of federal coercion. The Senate demonstrated that even in a case in which it has the reserved competence, as in the authorization of the adoption of measures of federal coercion, it lacks the capacity to be a federal Chamber.
Joana I. Simeonova, Nevena V. Tzvetanova and Yanka I. Tzvetanova
The aim of this study was to identify family factors determining risk sexual behavior among students aged 12- 18 in Veliko Turnovo region. A cross-sectional study was conducted in 2014. Three hundred and ten students were included in a representative sample of students attending seven schools in Veliko Turnovo region. The respondents filled in a self-administered questionnaire, designed to collect data on family interactions, acts of sexual coercion, parental social status and their influence on the sexual behavior of the students. Data were processed using SPSS.v.19. Parametric and non-parametric statistical methods were applied. About one-fifth of the students were nurtured in incomplete families. History of a sexually transmitted diseases correlated with type of family (p<0.05). Poorer family interactions (rare family dinners and no conversations about sex) determined acts of risk sexual behavior - accidental contraceptive use during sex and postponing an obstetric examination (p<0.05). Students reporting sexual coercion had also had frequent casual sexual intercourse (p<0.05). Identifying family factors is of essential importance in planning effective sexual health education at school.
The issues connected with direct coercion are of vital importance due to the fact that the application of coercive measures leads to restriction of personal freedom and limiting individual autonomy. It may even result in violating bodily integrity. Thus, it is an interference with the sphere of fundamental rights guaranteed to every human by the Constitution of the Republic of Poland.
The article includes an interpretation of the legal provisions concerning the application of direct coercion in psychiatrics. It comprises the changes which are in force as of June 2012. There is a comprehensive analysis of the meaning of the term “direct coercion”, as well as a detailed study of the prerequisites of its application. The legal regulations related to the forms of exerting direct coercion are thoroughly scrutinized. Next, the analysis of current regulations is carried out in order to evaluate their coherence, clarity and accuracy. It is also examined whether the currently applicable legal regulations are sufficient and if the rights of persons against whom direct coercion is applied are appropriately secured and protected.
This paper investigates the economic conditions under which the performance of a Judiciary does not impede non-coercive fair socioeconomic allocations under “Strotz-myopia” regarding the law variable, i.e. under a static view of it in an otherwise dynamic context. The law, here, is the positive factor by which consumption volume is multiplied as a result of law introduction in an otherwise fully private social economy. Lexicographic preferences regarding the law is the keyword in establishing non-coercive equilibria either in the static context of a stone-age economy or in the dynamic context of a jungle economy, given in the latter the presence of farsightedness. Nevertheless, such equilibria are found here to exist even under myopia and regardless the presence of lexicographic preferences. We first detect them within a fully private social economy, and we next qualify them by introducing the Judiciary as state officials. The optimality regarding state finances imposes additional restrictions in establishing myopic noncoercive equilibria. In any case, an equilibrium will be stable if it is not influenced by the homotheticity or not of the preferences, i.e. by income distribution considerations. So, any suboptimal behaviour of the Judiciary should be attributed exclusively to the suboptimality of state finances: Macroeconomics does affect law administration.