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Instruction No. 3/1988, 1 June 1988.

This Instruction contains provisions relating to the injury and maltreatment of children and women and the enforcement of support payments to women and children. With respect to the maltreatment of children, it provides that the Spanish Office of the Public Prosecutor shall a) curb child abuse; b) take decisive action to protect minors who have been abused or are helpless and to execute the new responsibilities imposed by Law 21/1987 of November 11, which modifies the Civil Code with respect to adoption; and c) collect the necessary data with regard to felonies or misdemeanors that involve child abuse so as to allow for the compilation of annual statistics which may identify the magnitude of this problem; With respect to the maltreatment of women, the prosecutor shall a) curb the abuse of women, investigating those cases where a lack of evidence exists because women are afraid; and b) collect the necessary data with regard to felonies or misdemeanors that involve the abuse of women so as to allow for the compilation of annual statistics which may identify the social reality of this problem. With respect to support payments, the Instruction urges all prosecutors to monitor the execution of support payments using all judicial means authorized, including penal actions when applicable, or enforcement mechanisms which have been mentioned in this memo, that is, conditioning visitation rights on timely payment of the support established for food and education of the children. In Circular No. 32 of 15 April 1988, the National Directorate of Police is called on to provide all necessary police assistance to women who have been the object of illegitimate acts of force so that they can report such acts and to inform women of laws designed to help them and the means of availing themselves of these laws. See Anuario de Derecho Penal y Ciencias Penales, Vol. 41, No. 3, September-December 1988, p. 978.

Behavior↗

Attorney General (Society for the Protection of Unborn Children Ltd.) v. Open Door Counselling Ltd., 16 March 1988.

The defendants were clinics providing pregnancy counselling, including information about the availability of abortion in England. The Attorney General took over prosecution of the suit from the Society for the Protection of Unborn Children, which sought an injunction to prevent the defendants from providing counseling. The Supreme Court affirmed a lower court ruling granting the injunction and held that the defendants' activities violated Article 40.3.3 of the Irish Constitution, which guarantees that the State will respect, defend, and vindicate the rights of the unborn as far as is practicable. It concluded that the defendants were assisting in the ultimate destruction of life through abortion, that there was no constitutional right to information about abortion (that would be in conflict with Article 40.3.3), and that the Attorney General had standing to bring the proceedings, even though there was no particular pregnant woman represented who might be affected by the injunction. The ruling of the lower court was reported in Annual Review of Population Law, Vol. 14, 1987, Section 240. On 7 September 1988, a judge of the High Court refused to issue an injunction directed against printing, publishing, and distributing a welfare guide providing information about the availability of abortions. The judge ruled that the Attorney General was the proper person to make an application for such an injunction, not the plaintiffs, the Society for the Protection of Unborn Children. See Irish Law Reports Monthly, 1989, p. 526. This judgment was reversed in 1989 by the Supreme Court.

Abortion, Illegal↗

Human genome research and the public interest: progress notes from an American science policy experiment.

This essay reviews the efforts of the U.S. Human Genome Project to anticipate and address the ethical, legal, and social implications of new advances in human genetics. Since 1990, approximately $10 million has been awarded by the National Institutes of Health and the Department of Energy, in support of 65 research, education, and public discussion projects. These projects address four major areas of need: (1) the need for both client-centered assessments of new genetic services and for improved knowledge of the psychosocial and ethnocultural factors that shape clients' clinical genetic experiences; (2) the need for clear professional policies regarding human-subject research, clinical practice standards, and public health goals in human genetics; (3) the need for social policy protection against unfair access to and use of personal genetic information; and (4) the need for improved public and professional understanding and discussion of these issues. The Human Genome Project's goal is to have defined, by 1995, policy options and programs capable of addressing these needs.

Advisory Committees↗

Regulations protecting the elderly, 21 July 1988.

These Regulations prohibit the ill-treatment of the elderly in Shanghai, China, and provide that the elderly have the right to be supported and helped by their children. They also provide that "Aged people are obliged to budget their own legitimate income and property and no one is allowed to seize, divert, and destroy what they own."

Adult↗

Deemed duration of marriage for widows/widowers and removal of restriction on benefits to children of military parents overseas. Final rules.

We are issuing these final rules to reflect in our regulations changes to the Social Security Act (the Act) made by two provisions in the Social Security Protection Act of 2004 (SSPA), enacted on March 2, 2004. One provision added a new situation in which the 9-month duration-of-marriage requirement for surviving spouses under title II of the Act is deemed to have been met. The other provision removed a restriction against payment of Supplemental Security Income (SSI) benefits, under title XVI of the Act, to certain blind or disabled children who were not eligible for SSI benefits the month before their military parents reported for duty outside the United States.

Adult↗

Re K.D. (a minor), 18 February 1988.

The British House of Lords held that, if a child's welfare so dictates, a parent's access can be terminated in wardship proceedings so as to permit a local authority to place the child for adoption. It rejected an argument that such termination of access was contrary to fundamental notions of family life and family ties as expressed in Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. It ruled that the child's welfare principle and Article 8 both expressed the concept that the natural bond and relationship between a parent and child should be interfered with only if the child's welfare so dictates.

Adolescent↗

Injury risks among chimpanzees in three housing conditions.

Meeting the psychological needs of chimpanzees (Pan troglodytes) can be a challenge given their aggressiveness on the one hand and the complexity of their social lives on the other. It is unclear how to balance the need to provide opportunities for species-appropriate behavior against potential risks of injury chimpanzees may inflict on each other. This study evaluates the suggestion that simpler social environments protect chimpanzees from wounding. Over a two-year period all visible injuries to 46 adult males, 64 adult females, and 25 immature chimpanzees were recorded at the Yerkes Regional Primate Research Center. Approximately half of the subjects were mother-reared, and the rest were nursery-reared. Housing included compounds containing about 20 chimpanzees, interconnected indoor-outdoor runs for groups of up to 12 individuals, and smaller indoor-outdoor runs for pairs and trios. Annual wounding rates were calculated for serious wounds (extensive injuries and all those requiring veterinary intervention) as well as for minor wounds. Compound-housed chimpanzees incurred the highest level of minor wounding, but serious wounding levels were not affected by housing condition. Even with a period of dominance instability and elevated levels of wounding in one compound, compound chimpanzees were not injured more than those in smaller social groups over the long term. Nursery-reared females in moderate-sized groups were wounded more than mother-reared females. Also, nursery-reared males and females were wounded less often when paired with mother-reared companions. Overall, this study indicates that maintaining chimpanzees in pairs and trios would not be an effective means for reducing injuries. The management of wounding in chimpanzee colonies is influenced more by the sex and rearing composition of a colony.

Aggression↗

Protection of Women and Juveniles (Amendment) Ordinance (No. 53 of 1987), 9 July 1987.

Among other things, this Act authorizes certain persons to take a child or juvenile in need of urgent medical or surgical treatment to a hospital instead of only to a place of refuge. It also authorizes the use of force to enter a vessel, house, building, or other place in order to remove a child, woman, or juvenile only if a warrant has been obtained.

Adolescent↗

C.A.S., Belleville v. L.T., 2 April 1987.

The Court held that, under Section 37 of the Child and Family Services Act, in certain circumstances an unborn child can be considered a child in need of protection. It ruled that such a finding is justified when the evidence establishes that the mother is suffering from a mental disorder of a nature and quality that will likely result in serious bodily harm to herself or the child. It ordered the unborn child in question to be made a ward of the Children's Aid Society for three months.

Adolescent↗

Act No. 59, Civil Code, 16 July 1987.

Among other things, the Civil Code of Cuba contains the following provisions on intestate succession: "Article 514: 1) The estate falls in the first place to the direct line of descendants, formed by children and other descendants. 2) The children of the deceased inherit in their own right. The inheritance is divided between them in equal parts, without prejudice to the rights of the spouse or of parents who are incapable of working and depended economically on the deceased. 3) Grandchildren and other descendants inherit by right of representation. Article 515: 1) The estate falls in the second place to the parents. 2) If the father and mother survive, they inherit in equal parts, without prejudice to the spouse. Article 516: Parents who are incapable of working and depended economically on the deceased take part [in the estate] with the descendants of the deceased and the surviving spouse and inherit a portion equal to theirs. Article 517: If the surviving spouse takes part in the inheritance with the descendants or parents of the deceased, a portion equal to that of the persons with whom the spouse takes part will fall to the spouse. Article 518: If the deceased has neither descendants nor parents, the entire inheritance will fall to the spouse. Article 520: If there are no heirs falling within the previous sections, the grandparents and other ascendants inherit in equal parts along both the maternal and paternal lines." The Law also contains rules on testate succession. It protects the children of the deceased, their descendants, the spouse, and ascendants of the deceased who are not able to work and were dependent on the deceased. No matter what the provisions of the will left by the deceased, they are to receive half of the estate of the deceased, divided equally among them.

Adolescent↗

International Union v. Johnson Controls, Inc., 24 February 1988.

The plaintiffs, female employees of the defendant, brought a Title VII civil rights action, charging the defendant with discrimination in its fetal protection policy. The policy prohibits women who are capable of bearing children from working in jobs where there is a likelihood that their blood levels will rise above thirty micrograms of lead. The US Federal Court ruled that the policy does not violate Title VII of the Civil Rights Act of 1964. It held that lead poses substantial risks to fetuses and that no acceptable alternative was established that would have a lesser impact on female employees.

Americas↗

Judgment, 5 December 1987.

The Court held that the requirement that an alien must live in an uninterrupted fashion in the Federal Republic of Germany for eight years before bringing in a spouse and children was not in conflict with Section 6 of the Constitution, which protects the family and marriage. It also held, however, that a requirement that an alien be married for three years before bringing in a spouse and children did conflict with Section 6 and constituted a particularly serious burden for young persons. These two waiting periods are imposed by the various Lander of the Federal Republic and vary in length from Land to Land.

Adolescent↗

Indoor climate problems in day institutions for children. Practical, Administrative and policy perspectives.

Based on case material from the late 1970s and early 1980s from the Institution of Medical Officers of Health covering a Danish county some examples of practical indoor climate problems in day institutions for children are given. Insufficient ventilation of premises is probably the single most important factor in the development of indoor climate problems. An effective cleaning generally improves the indoor air. The study particularly illustrates the administrative and policy perspectives of the decision making process. Those that make decisions on indoor climate problems unfortunately seem to favour a narrow definition of health, i.e. the absence of overt disease; and they are not always aware that the relationship between indoor climate factors and health effects cannot be proven in an absolute sense. Experts on the scientific aspects are needed but their statements are influenced by personal values and their perception of the reasonable balance between health protection and social costs. One of the main factors influencing the indoor climate situation in Danish day institutions for children has been the lack of an adequate regulatory framework; and the central administration and responsible ministers have failed to use the already existing legislative powers to prevent problems. Decision making in cases on the indoor climate of institutions should be accelerated; we cannot wait for proof before taking preventive measures. The indoor air of institutions is a "public good" to the same extent as the ambient air and the responsible authorities have an obligation to regulate accordingly. When building regulations prove insufficient other central authorities must support local decision makers with more specific directions. Testing of building materials, hazard rating and an approval system is needed. Guidelines on indoor climate requirements for public institutions should be developed. In countries with a built-up system of child institutions and a decreasing birth rate it is especially important to improve the already existing institutions. In our regulatory and administrative practice we must restore the balance between the present concern for the health of the adult working population and the insufficient protection of children. We obviously need more research but increased attention should be paid to the administrative and political barriers that prevent improvements of the indoor air.

Air Pollutants↗

[Epidemiologic followup of cases of tuberculosis in the medical-social centers of Paris for the year 1994].

This study was carried out in 280 patients in 1994 in five medico-social centres (CMS) in the city of Paris for the follow up of treatment tuberculous disease. The group represented approximately one fifth of the tuberculous patients in Paris. 90.7% of the subjects were of foreign origin, predominantly African. Amongst these 280 patients, 80% were unemployed and 64.6% without social security protection. Their tuberculous disease did not differ on clinical grounds from those of the general population but they were less often vaccinated with BCG. They are also less often co-infected with the HIV virus (4.4 vs 12-16%). The level of resistance to isoniazid and rifampicin was 1.4%. A cure was certainly achieved in 73.5% of the patients. For the remainder, the absence of information and the loss to follow up prevented us from having a definite answer. The patients lost to follow numbered 56 and represented 20% of the group.

Adolescent↗

Act No. 56 of 1988 giving extraordinary powers to the President to issue a Minor's Code and to regulate other matters, 28 November 1988.

This Act gives extraordinary powers to the President of Colombia for a period of a year in which to issue a Minor's Code and to regulate the following matters among others: 1) the fundamental principles guiding the regulations for the protection of minors; 2) the definition of irregular situations in which minors find themselves; 3) the determination of ways minors finding themselves in these situations are to be protected; 4) the creation and organization of a regime of permanent family offices to take care of requests to protect minors; 5) the modification of substantive rules relating to adoption and the abolition of simple adoption; 6) the regulation of the obligation to support minors; 7) the determination of the function and responsibility of media in protecting the minor in moral and psychological terms; 8) the establishment of the jurisdiction of "Family Defenders" and the procedures they should follow to protect minors; 9) the establishment of the objectives, functions and responsibilities of the Minors' Police; 10) the establishment of protection for working minors; 11) the creation of an agency to oversee the activities of judges and persons defending minors; 12) the modification of the Penal Code to identify new crimes relating to the traffic in and exploitation of minors and failure to support minors and concealment of property; and 13) the modification of other laws relating to minors. The Act also establishes a Government Advisory Commission to help the President.

Adolescent↗

Decree No. 955, 11 May 1988.

This Decree sets forth the Health Code of El Salvador. Among other things, it describes health activities with respect to maternal-child health. It provides that it is the "ineluctable obligation of the State to promote, protect, and restore the health of the mother and child by all means at its disposal." To this end, health organizations are "to give preventative and curative attention to the mother during pregnancy and delivery and after birth and the same to children from conception to the end of schooling." The State is also to promote the creation, maintenance, and development of organizations whose goal is the protection of the mother and child. The Decree lists, among health infractions, the failure to have a blood test for syphilis performed on every pregnant woman. The Decree also provides that the Ministry of Health, in conformity with its resources and regulations, is to give assistance to the elderly and to indigent disabled persons.

Adult↗

Screening campaign of hepatitis C among underprivileged people consulting in health centres of Lyon area, France.

BACKGROUND: A screening campaign for hepatitis C virus (HCV) infection was carried out in eight health centres of Lyon from June 2003 until March 2004. The population targeted for screening was underprivileged individuals without any social insurance, protected by Couverture Mutuelle Universelle or Aide Médicale Etat (AME), to estimate the prevalence of anti-HCV antibodies in this population and to identify associated risk factors. METHODS: After training in HCV infection and screening, 43 general practitioners participated in the campaign. Information about patient socio-demographics and risk factors was collected prior to proposing screening serology. Blood samples were often taken in health centres. Follow-up of positive cases was organised via the Reference Centre of HCV Infection in Lyon with possible specialised consultations in health centres. RESULTS: The average age of the 988 individuals in the campaign was 37 years; 51% were women; 54% had a foreign nationality; 21% lived in sheltered accommodation; 19% were lodged in third-party accommodation; 9% were homeless; and 57% possessed less than euro562 (Revenu Minimum d'Insertion level). Screening was not proposed to nine patients because of medico-psychological problems. The acceptance rate for screening was 98.8% (967/979), and testing was carried out on 97.6% of these subjects (944/967). The prevalence of anti-HCV antibodies in the sample was 4.7% (44/944) (95% CI = 3.4-6.2). Nearly 80% of positive cases were unknown prior to the campaign. Multivariate logistic regression modelling identified lifetime injection drug use [odds ratios (OR) = 15.99; P < 0.0001], lifetime medical care in a foreign country (OR = 4.46; P = 0.001), and wearing tattoos (OR = 2.75; P = 0.048) as significant risk factors for carrying anti-HCV antibodies. Characteristics independently associated with HCV seropositivity were age between 40 and 49 years, AME benefits, and no social insurance. CONCLUSION: Wide acceptance of screening, high prevalence of anti-HCV antibodies (much higher than in the French population in general), a high proportion of positive cases unknown beforehand, and satisfactory follow-up of seropositive patients are all factors which support the need for a screening campaign targeting HCV infection in underprivileged persons living in France.

Adolescent↗