The Problem with Using Medical Boards to Regulate Misinformation

Some stakeholders called on medical boards to sanction physicians for spreading misinformation during COVID-19 and discussing off-label medications. In 2022, California passed AB 2098, which classifies physician dissemination of misinformation as unprofessional conduct subject to discipline by the state medical board. This article describes the purpose and function of state medical boards, the law relating to off-label prescribing, and why using medical boards to discipline physicians for discussing controversial opinions exceeds the traditional role of state medical boards. Though physicians do have a duty to provide accurate information to the public, defining misinformation is difficult and poses five distinct problems. Although California's law was repealed, this article asserts that disciplining physicians for disseminating misinformation could pose Constitutional concerns, hinder physicians' ability to practice medicine, or suppress information that is important to the public interest.

Alternatives for an adequate structuring of the national data protection authority (ANPD) in its independent profile: proposals to overcome the technological challenges in the age of digital governance

This article aims to identify the necessary elements for the independent and democratic structuring of the National Data Protection Authority (ANPD) in its definitive legal profile, as an autarchy under a special regime, so that it can achieve the technical and decision-making autonomy that it was granted by the Brazilian Data Protection Law (LGPD). Drawing on documentary research and findings on similar foreign authorities, it is possible to point out, as a partial result of this analysis, the insufficiency of entrusting such a mission to its recent formal separation from the Direct Administration, being also possible to conclude that the success of the state modernization in the Digital Age will depend, to a large extent, on intertemporal choices able to direct the ANPD towards a structure attentive to technological innovations. To this end, the training and continuing education of the institution's staff, as well as possible agreements to be signed by the entity, such as the alternatives sought by the Courts of Accounts in the field of information and communications technology (ICT), emerge as a determining factor.

Four obstacles to the quality of constitutional law learning in Indonesia

Four factors hinder the quality of constitutional law teaching in Indonesia, namely learning methods, curriculum authority, learning materials, and the uncertainty of legal learning topics. This is the culprit of the low quality of law graduates who are less able to compete in the legal job market. Law lecturers in Indonesia do not reform educational methods or materials, they are more dominant in teaching and not learning. Meanwhile, on the other hand, there are no institutions that focus on evaluating the legal learning process, standardizing, and controlling it, so that it has an impact on measuring learning outcomes. Therefore, solving the problem of the weak quality of constitutional law learning in Indonesia must overcome these four obstacles.

Paying for water in Turkey: an analysis of Turkish water legislation in light of the precedent criteria of the Turkish Constitutional Court

Water, which is a basic need for humans and the natural world, is a limited resource. It is a cyclical element and not a freely traded commodity. The right to access to water is acknowledged as a basic right because of the importance of water for human life, and for this reason, water is a topic in many human rights texts. The restricted availability of this global resource, which must be sustainable to maintain life, has increased its importance for countries and made its fair and just management necessary. Putting the proper methods into practice is a lot harder than it appears, however, because theories and practices did not sit well together from different perspectives and different ones were developed worldwide. These approaches vary according to countries' access to water, amount of water usage, level of development, and economic situation. Because of these variables, a number of international studies have been carried out to eliminate the strain on water resources. The focus of these studies is on the definition of water resources and the rights and principles of usage and ownership of water. This study views water as a commercial commodity, and its subject is the pricing strategies for water and the underlying legal basis of the acknowledgement of water resources in Turkey as a public asset.

Ethical and Legal Concerns With Nevada's Brain Death Amendments

In early 2017, Nevada amended its Uniform Determination of Death Act (UDDA), in order to clarify the neurologic criteria for the determination of death. The amendments stipulate that a determination of death is a clinical decision that does not require familial consent and that the appropriate standard for determining neurologic death is the American Academy of Neurology's (AAN) guidelines. Once a physician makes such a determination of death, the Nevada amendments require the withdrawal of life-sustaining treatment within twenty-four hours with limited exceptions. Neurologists have generally supported Nevada's amendments for clarifying the diagnostic standard and limiting the ability of family members to challenge it. However, it is more appropriate to view the Nevada amendments with concern. Even though the primary purpose of the UDDA is to ensure that all functions of a person's entire brain have ceased, the AAN guidelines do not accurately assess this. In addition, by characterizing the determination of death as solely a clinical decision, the Nevada legislature has improperly ignored the doctrine of informed consent, as well as the beliefs of particular faiths and cultures that reject brain death. Rather than resolving controversies regarding brain death determinations, the Nevada amendments may instead instigate numerous constitutional challenges.

The role of human rights litigation in improving access to reproductive health care and achieving reductions in maternal mortality

Background

Improving maternal health, reducing global maternal mortality, and working toward universal access to reproductive health care are global priorities for United Nations agencies, national governments, and civil society organizations. Human rights lawyers have joined this global movement, using international law and domestic constitutions to hold nations accountable for preventable maternal death and for failing to provide access to reproductive health care services.

Case presentation

This article discusses three decisions in which international treaty bodies find the nations of Brazil and Peru responsible for violations of the Convention on the Elimination of All Forms of Discrimination Against Women and the International Covenant on Civil and Political Rights and also two domestic decisions alleging constitutional violations in India and Uganda.

Conclusions

The authors analyze the impact of these decisions on access to maternal and other reproductive health services in Brazil, Peru, India, and Uganda and conclude that litigation is most effective when aligned with ongoing efforts by the public health community and civil society organizations. In filing these complaints and cases on behalf of individual women and their families, legal advocates highlight health system failures and challenge the historical structures and hierarchies that discriminate against and devalue women. These international and domestic decisions empower women and their communities and inspire nations and other stakeholders to commit to broader social, economic, and political change. Human rights litigation brings attention to existing public health campaigns and supports the development of local and global movements and coalitions to improve women’s health.

Electronic supplementary material

The online version of this article doi: (10.1186/s12884-017-1496-0) contains supplementary material, which is available to authorized users.