Pogostost izhajanja: 2 številki letno Glavna in odgovorna urednika : Vojko Flis (Univerza v Mariboru, Slovenija), Vesna Rijavec (Univerza v Mariboru, Slovenija), Revija Medicine, Law & Society je odprtodostopna, mednarodna revija namenjena preučevanju medicine, prava in družbe. V reviji so objavljeni članki, ki prispevajo k boljšemu razumevanju in praksi medicine ter prava. Članki so zanimivi za strokovnjake, politične analitike, oblikovalce politik in zdravnike. Revija se osredotoča na kritično analizo razvoja medicine, prava in družbe po vsem svetu. Indeksiranje: Emerging Science Citation Index (Web of Science), ScienceOpen, Dimensions. Licenca: CC BY
Between Solidarity and Subsidiarity: Elder Care, Legal Responsibility, And Work–Life Balance in An Aging Hungary
Hungary is facing an increasingly acute eldercare challenge driven by rapid demographic aging, persistent socioeconomic vulnerability, and shifting legal responsibilities. This article examines the contemporary 'duty to care' through a socio-legal lens, focusing on the interaction between law, social policy, solidarity, and work–life balance. Using qualitative and normative legal analysis combined with interpretative policy review, the study analyses Hungarian constitutional and statutory frameworks alongside demographic data and social service trends. The findings reveal a structural contradiction: while care needs are expanding, public support mechanisms – pensions, care allowances, and community-based services –remain inadequate in real terms, and responsibility is increasingly shifted onto families. These rebalancing places disproportionate pressure on informal caregivers and intensifies conflicts between employment and caregiving obligations. The article argues that without a strengthened, operationalized concept of solidarity – embedded in legal guarantees, integrated care services, and supportive employment policies – the current framework risks deepening social exclusion, gender inequality, and intergenerational injustice in an aging Hungarian society.
Avtorske pravice (c) 2026 University of Maribor, University Press https://creativecommons.org/licenses/by/4.0
The Legality of Physician-Assisted Euthanasia in South Africa: Quo Vadis?
Euthanasia remains a contentious subject of debate in countries around the world and in South Africa. The South African court system has been faced with requests for the decriminalisation of euthanasia. This paper thoroughly examines on the current legal position of physician-assisted euthanasia (hereafter referred to as “PAE”) in South Africa. South African law permits the withdrawal of life sustaining treatments which may be viewed as passive euthanasia. We examined relevant constitutional rights in order to argue towards a case for the legalization of PAE. These rights include the rights to dignity, to life, to equality, to freedom of religion, belief and opinion, as well as the right to freedom and security of the person. In arguing the foundational bases to legalize PAE we also analyze South Africa’s constitutional law common law, case law, statutory law and foreign law. We also examine the recommendations of the South African Law Commission. The paper also examines how Canada has accepted PAE and implemented legislative measures to safeguard and regulate how medical practitioners practice it.
The Role of the Psychiatric Expert In Tort Litigation
The paper analyses the evidentiary function of psychiatric expertise in tort proceedings, emphasizing its significance within Slovenian contractual and non-contractual liability regimes. Psychiatric experts are essential in establishing causation and assessing the extent of non-pecuniary damage, thereby shaping judicial determinations of fault and compensation. Effective adjudication requires reciprocal legal-medical literacy: judges should understand the basics of psychiatric evaluation, while experts must grasp fundamental tort and procedural principles. The study highlights the need for unified psychiatric assessment criteria consistent with established jurisprudential standards to enhance legal certainty, coherence, and fairness in the quantification of damages within tort law. Such harmonisation would strengthen the consistency and predictability of judicial practice.
Legal Status and Protection Of Medical Personnel in Armed Conflicts – International Humanitarian And Labor Law Perspectives
This article presents a comprehensive analysis of the protection of medical personnel in armed conflicts, viewed through the lenses of international humanitarian law and labor law. The first section explores the legal frameworks established by international humanitarian law (IHL), focusing on the rights and protections afforded to medical personnel working in conflict zones, and the role of treaties such as the Geneva Conventions in safeguarding their neutrality and safety. The second section explores the labor law perspective, focusing on the intersection between international humanitarian law and labor law in addressing the crucial issues surrounding the labor-law status of medical personnel in armed conflicts. By integrating these two distinct but interconnected legal frameworks, this article aims to highlight the complexities involved in ensuring the protection and effective functioning of medical personnel in armed conflicts and to propose recommendations for strengthening their legal and labor protections.
Social Responsibility: Analysis of The Quality of Medical Care Provided In Kyrgyzstan (Patient Assessment)
The study was conducted to determine the level of social responsibility of the medical staff of the Osh City Clinical Hospital of Kyrgyzstan. For this purpose, a survey of 251 respondents was conducted among residents of the Osh region on the provision of qualified medical care. The results showed that the level of social responsibility of the hospital was assessed predominantly at an average level by 55-60% of respondents. Patients highly evaluated the effectiveness of treatment (63% high evaluations), whereas the performance of nursing staff was rated highly by only 26% of respondents, indicating an asymmetry in professional responsibility. In addition, 52% of respondents assessed the accessibility of healthcare services as high, while institutional and financial barriers remained significant. The findings demonstrate that social responsibility in healthcare is shaped by the uneven distribution of professional, institutional, and organisational resources, which is reflected in differentiated assessments of medical staff performance, service accessibility, and financial coverage.
Similar, but Not the Same – Personal Perception and Covert Surveillance and Tracking Through The Prism of Legal Regulations, Practical Implementation And Case-Law in Slovenia
State and private surveillance authorities may lawfully infringe fundamental rights when obtaining information. However, the public often mistakenly equates private detectives’ (hereinafter: detectives) personal perception with covert investigative measures used by police and intelligence services. It is essential to distinguish between these two forms of privacy interference. Detectives may use personal perception - lawful, time-limited observation from public spaces - to gather evidence for their clients. Although discreet, it is not a covert investigative act. Detectives may use imaging devices, while state authorities have broader surveillance powers. The purpose of personal perception is to develop evidence for a client, whereas covert surveillance serves criminal or intelligence objectives and entails a deeper privacy intrusion. Despite its lesser intensity, detective work must also be properly regulated and subject to oversight.
Constitutionality and Legality Of the Curfew as a Measure To Contain Infectious Diseases: The Case of COVID-19
The state must protect public health and prevent the spread of infectious diseases, often by limiting certain human rights. While quick action is crucial, it must align with constitutional safeguards. During the COVID-19 epidemic, Slovenia introduced a curfew that lasted 174 consecutive days. However, the Constitutional Court of the Republic of Slovenia did not assess its constitutionality, as it dismissed the related initiatives. This article examines the curfew’s legal basis, the constitutional standards governing such measure, and whether the ordinances met the requirements of legality, necessity, and proportionality in a democratic society. The findings show that the curfew in Slovenia was introduced on an unconstitutional legal basis, and the constitutional-law analysis conducted in this article further confirms its incompatibility with the Constitution of the Republic of Slovenia.
Human Rights in International Organ Donation: A Comparative Legal Analysis of Uzbekistan, Lithuania, And Ukraine
The study examines approaches to safeguarding human rights in the context of international organ transplantation. A political, economic, social, technological, environmental, and legal (PESTEL) analysis was conducted to identify external factors influencing organ donation practices. The comparative analysis focuses on three countries – Uzbekistan, Lithuania, and Ukraine – whose legislation was compared in terms of these factors: objects of transplantation, donors and conditions for removal, donor and recipient consent, liability of parties, age restrictions for donors, international cooperation, ethical standards and human rights, donor registries, control and monitoring, and special conditions for vulnerable groups. The analysis identified three key areas for improvement in protecting human rights: the consent system, oversight mechanisms, and international cooperation. The study provides recommendations aimed at strengthening international cooperation in ethical and legal organ donation practices.
Autonomy, Desperation, and Consent In Experimental Medicine
The most salient bioethics principle in American medical care is respect for autonomous decision-making. This principle of autonomy is established in law through ‘informed consent’ rules, which have been refined in American law for more than a century. Desperately ill individuals who enroll in research trials often believe they are accessing new therapies that will benefit them personally, even when the consent forms they sign explicitly state that no benefit is promised. This ‘therapeutic misconception’ and related autonomy-based concerns cast doubt on the genuineness of informed consent obtained from desperately ill patients enrolling in research trials. Related concerns about comprehension and consent have shaped debates about whether terminally ill patients should have access to experimental medical products outside of research trials. Suggestions are offered for enhancing informed consent by desperately ill patients and for alternatives to steering them towards research trials.
A Regulatory and Pricing Divergence in Pharmaceutical Markets: EU, Slovenia, U.S.
This paper examines the chosen aspects, circumstances and frameworks in the field of pharmaceuticals. The Authors first investigate the role of the U.S., Slovenian and the EU bodies that regulate, monitor and supervise the functioning of the pharmaceutical industries. Both, the EU’s agency EMA and the U.S.’s administration FDA, try to achieve the same purpose – to establish and maintain public health and safety. With their qualifications and power, they greatly contribute to the quality of medicinal products on both markets. However, there is one big difference between them. That is the power over making the medicines available and the setting of prices. While the EMA and for example JAZMP, the Slovenian competent authority, have the control over this financial aspect, FDA does not. The paper further on examines, what are the checks and boundaries for the setting of prices and in this regard, what is regulated within the legislative framework of Slovenia, the EU and the U.S. The fact that health is a fundamental right in EU Member States, but not in the U.S., alone explains the striking divergence in the cost of drugs in the EU as compared to the U.S.
Full Issue – Volume 18, Number 2 (October 2025)
This is the full issue of Medicine, Law & Society, Volume 18, Number 2, published in October 2025.
Editorial Board of Medicine, Law & Society
Avtorske pravice (c) 2025 University of Maribor, University Press https://creativecommons.org/licenses/by/4.0
‘Handle With Care’? Person-Centred Live-in Care Provided by Posted Workers and Other Care-Related Phenomena in the EU
This article examines the growing phenomenon of live-in care in the European Union, with particular focus on services provided by posted workers, including third-country nationals. It situates live-in care within the broader EU socio-legal framework, tracing the evolution of recent policy developments such as the European Pillar of Social Rights, the European Care Strategy, and documents arising therefrom. The article analyses the latest phenomena in cross-border live-in care, including deinstitutionalisation of care, highlighting how person-centred and community-based models are reshaping the field. Special attention is devoted to gender dimensions, including the disproportionate burden on women and the 'daughterhood penalty' and 'motherhood penalty'. By linking legal, economic, and social aspects, the article assesses whether EU policies effectively address current challenges in that regard and their future impact concerning more sustainable care provision.
Education Against Ageism, Stereotypes and Gerontophobia About the Sexuality of Older Adults (Development of a Model for Integrated Promotion of Sexual Life of Older Adults)
This study aims to develop an educational model and guidelines for promoting sexual health in older adults (55+), addressing ageism, stereotypes, and gerontophobia. Despite its significance for successful aging, sexual health in older adults is often neglected. The study involved 651 participants (aged 55-75) and used a quantitative approach, examining factors like health status, sexual activity, and education through an online survey. Key findings include a positive correlation between health and sexual satisfaction (r = 0.2 to 0.4, p < 0.001) and the importance of sexual knowledge in life satisfaction (F = 90.027; p < 0.001). Results underline the need for tailored educational programs and open discussions on sexuality. The proposed model aims to improve sexual well-being and overall quality of life, promoting a holistic approach to sexual health care to older adults. These findings are relevant for shaping policies and interventions in Slovenia and globally.
The Right to Die Through the Analysis of the Slovenian Voluntary Assisted Dying Bill
This article provides an analysis of the Slovenian Voluntary Assisted Dying Bill, in both its previous and amended versions, which is founded upon the paradigm “My life, my right”. The original bill, which was regarded as highly liberal, contained numerous exceptions that effectively allowed euthanasia for all individuals with chronic illnesses or disabilities. This analysis critically examines the most controversial legal provisions of the bill and anticipates consequences should it be implemented, particularly from the perspective of vulnerable healthcare users. The analysis demonstrates that the original formulation of the right to medically assisted dying conflicts with the foundational principles of the healthcare system and is inconsistent with the Patient Rights Act. The amended Voluntary Assisted Dying Bill provides physicians with the options to both reject medically assisted dying applications and to employ safeguards to protect patients in transitional distress from premature death.
Exploring Research Trends in Healthcare Asset Management Systems: Key Areas, Strategic Priorities, and Actionable Recommendations
Asset Management Systems (AMS) are increasingly recognized for their potential to enhance operational efficiency, cost-effectiveness, and sustainability across asset-intensive sectors. In healthcare, however, the implementation of AMS remains fragmented, despite mounting pressures to improve medical equipment usage, infrastructure reliability, and service delivery. This study presents a literature review supported by a bibliometric analysis of 248 documents on AMS research in healthcare, published up to 2024 and indexed in the Scopus database, examining the evolution of AMS research with a specific focus on healthcare applications. Using Python and VOSviewer, the bibliometric analysis focuses on scientific production, geographical coverage, and major research clusters. The findings highlight a growing global interest in AMS and indicate a broader shift toward digitalization and strategic integration within healthcare systems. We synthesize these insights into a set of key areas and priorities, offering evidence-based recommendations to support more effective AMS adoption in healthcare.
Factors Affecting Mental Health Among Police Officers in the State of Kedah Malaysia
Mental health among law enforcement personnel has become a growing concern, raising questions about institutional responsibility and legal protections within the workplace. This study explores the factors influencing mental health among Royal Malaysian Police (RMP) members at IPK Kedah, focusing on legal and organizational implications. The research aims to identify key stressors and examine whether age and job rank correlate with psychological well-being, using a quantitative approach involving 100 respondents who completed structured questionnaires. Findings reveal that occupational stress is the leading contributor (mean = 4.821), followed by personal/family (4.392) and social factors (3.895). Pearson correlation shows significant positive relationships between mental health issues and both age (r = 0.416) and position (r = 0.398), with p < 0.05. The paper argues for the urgent need to strengthen mental health policies within policing institutions and contends that legal reform and administrative intervention are essential to safeguarding officers' psychological welfare.
Nasvay as a Smokeless Tobacco Product: An Examination of Methods of Use, Effects on Health, and Regulatory Aspects
The purpose of the study is to evaluate the effect of nasvay on oral health in the Kyrgyz Republic. The study utilized a mixed-methods approach, combining a standardized questionnaire and dental examinations of 2,388 participants. It is determined that 32.9% of schoolchildren, 41.1% of students, and 35.7% of rural residents use nasvay. The prevalence rate is higher among men. The use of nasvay is associated with a high prevalence of dental diseases: leukoplakia, hyperaemia, and swelling of the mucous membrane. The index of caries, fillings, and lost teeth in users is 6.8. Among the methods of use, the most popular is in the cheek. It is discovered that the availability and low cost of nasvay contribute to its widespread use. The need for comprehensive preventive measures is emphasised, including increased regulation, educational campaigns, and reduction of economic dependence on the production of nasvay.
Legal Aspects of Safety in Medical Procedures: International Standards And Practices
This paper examines the legal regulation of medical procedure safety and proposes avenues for legislative enhancement informed by international norms. A comparative legal analysis was performed utilising the cases of Bulgaria, Italy, and Kazakhstan. The study utilised a systematic methodology to evaluate legal efficacy and predictive techniques to delineate potential advancements. The findings reveal that all three countries acknowledge the right to healthcare at the constitutional level, but implementation strategies vary. Bulgaria and Italy utilise insurance-based healthcare systems that incorporate private sector involvement. Bulgaria faces challenges in harmonising its law enforcement with European norms, whilst Italy's decentralised Servizio Sanitario Nazionale results in regional disparities. Kazakhstan upholds a state-centric regulatory framework but lacks comprehensive legal safeguards for patients and medical practitioners, especially concerning liability insurance. No country possesses a comprehensive legal framework for digital medicine. Key proposals include improving insurance protections, harmonising national laws with international norms, and regulating emerging medical technologies.
Legal Framework for Drug Optimization in Vietnam: Aligning With International Best Practices
This study investigates legal and policy reforms to strengthen Vietnam’s drug control system through a holistic approach integrating public health, legal foundations, political will, and international cooperation. Using mixed-methods, legal analysis, literature review, and comparative case studies, it assesses Vietnam’s laws against global frameworks, identifying key areas for reform. Insights from Germany and Singapore offer practical governance models. Grounded in empirical data and legal scholarship, the study proposes context-sensitive recommendations tailored to Vietnam’s institutional landscape. It contributes to global discourse on drug policy and urges policymakers to adopt integrated, adaptive strategies that reduce harm and align with international standards.
Rule-of-Law Crisis During the COVID-19 Epidemic: The Case of Slovenia
This article examines the Constitutional Court of Slovenia's rulings on the government's COVID-19 measures between 2020 and 2022. During the pandemic, the Slovenian government imposed lockdowns, curfews, and school and business closures, and required a "COVID pass" for access to services. These restrictions significantly interfered with fundamental rights, leading to numerous legal challenges. The Constitutional Court found several of these decrees unconstitutional, revealing serious tensions between public health governance and constitutional democracy. The article has two main goals: to evaluate the extent of rights violations and to assess whether rule-by-decree is aligned with democratic principles. The findings show that the rule of law was often undermined, with pandemic-related legal tools at times used to pursue authoritarian political aims. Slovenia's case demonstrates the fragility of democratic institutions in emergencies. It highlights the vital role of constitutional courts in defending the constitutional order, especially when they themselves face political attacks in increasingly illiberal environments.
Climate Change and Air Pollution: The Twin Threats to Children’s Health and Well-Being
Environmental factors, such as air pollution and climate change, significantly contribute to the global burden of disease and are critical to understanding health disparities between countries, with low- and middle-income nations facing the highest environmental health burdens across various diseases and injuries. While health is universally acknowledged as both a fundamental human need and a basic human right, yet the harmful effects of unhealthy environments disproportionately impact children. Research indicates that pre- and post-natal exposures to environmental toxicants can disrupt brain and lung development, impairing their function. These health impacts are distributed unequally, with marginalised populations experiencing greater harm. The IPCC identifies fossil fuel combustion as the primary driver of climate change. Epidemiological studies further highlight the existing and future consequences of climate change, including its effects on infectious diseases, cardiovascular and pulmonary diseases, and mental well-being.
Family Planning: Legal Regulations And Practice in Slovenia
Family planning allows individuals to achieve their desired number of children, and to control the timing of their pregnancies. This can be accomplished through contraception, with reducing the need for abortion, and infertility treatments. Pregnancy and childbirth are related to maternal mortality, which can be reduced with the prevention of unintended pregnancies. Access to contraception and safe abortion is crucial. At the 1968 International Conference on Human Rights in Teheran, family planning was declared a basic human right. In 1974, Yugoslavia was the first country in the world declaring the constitutional right to freedom of choice in childbearing. The safety of artificial pregnancy termination has been greatly enhanced by the improvements of vacuum aspiration technique, developed by Slovenian doctors in 1964. In Slovenia, abortion rates are constantly decreasing since 1980 due to available contraception and established contraceptive service. The history of family planning in Slovenia and actual situation are presented.
Navigating Criminal Liability in an Era Of AI-Assisted Medicine
This paper explores the interplay between artificial intelligence (AI) and criminal liability within the healthcare sector, particularly in the context of medical malpractice. Adopting a multidisciplinary approach, the study evaluates current legal frameworks and their adequacy in addressing liability for errors involving AI-driven medical systems. Through an analysis of legal theory, case studies, and technological integration, the research highlights the complexities of assigning liability when errors arise from AI-assisted medical decision-making. The methodology includes a comparative legal analysis and a detailed examination of a real-world case involving AI-related treatment errors. Findings reveal that while existing legal frameworks are sufficient for holding humans accountable under the standard of care, they struggle with the unique challenges posed by AI's "black-box" nature. The study argues that further refinement of liability models is necessary, especially as AI systems gain greater autonomy. The paper concludes by offering a roadmap for balancing innovation in AI with the imperative to protect patient rights, emphasizing that liability frameworks must evolve in tandem with technological advancements.
Artificial Intelligence Application Through Electric Power And Climate Change
Assessing and directing the implications of artificial intelligence (AI) and machine learning (ML) continues to be embedded in our daily lives and involves a united effort across academics, policy, and industry with ambiguity for impacting the present and the future. AI has the potential to improve outcomes, boost productivity, and improve the precision and effectiveness of the numerous facets of society that depend on probabilities and forecasts. In summary, its applications with the greatest potential might arise from those exceptionally complicated technological challenges that lie beyond the reach of human capability rather than from uses that impact civil freedoms and the social fabric of our society. One such complicated issue is climate change, which calls for significant adjustments to the building, energy, transportation, and agricultural sectors. In order to provide more accurate forecasts of impending weather phenomena, particularly extreme events, it can also expand on the discoveries made on climate links. The article critically examines the growing application of artificial intelligence through the Electric Power Sector in India.
Wrongful Birth With Special Regard to Hungary
Even though wrongful pregnancy and wrongful life claims are rejected by Hungarian courts, a wrongful birth action is permitted. According to the Curia’s uniformity decision 2/2022, damages for wrongful birth are reduced to the costs of raising a disabled child minus the possible costs of rearing a healthy one. The disability rights critique is very strong from the US to the EU. Nevertheless, a violation of the parents’ personal right to family planning requires compensation in the EU and in numerous US states. A wrongful birth claim does not discount the disabled child’s human dignity.
The Right to Attention in The Information Economy: A Tool To Protect Individuals Against Functional Illiteracy
In a technological reality increasingly dominated by screen devices, there has been a decline in peoples' ability to use written and spoken language in a way that enables us to function effectively in society (functional illiteracy). Every seventh 15-year-old does not have sufficient reading skills and can only decode the text. From the perspective of education, one of the crucial causes of the threat of functional illiteracy are the significant distractions resulting from the improper use of screen devices. Thus, the modern economy, based on the exploitation of attention, appears to excessively strain individuals' ability to concentrate, leading to a decline in cognitive autonomy and the growing problem of functional illiteracy. The aim of this article is to analyse the right to attention as a tool to protect individuals in the context of the impact of digital technologies on education and cognitive development. The article examines the relationship between the right to attention, mental integrity, educational challenges, and the necessity of regulating mechanisms within the information economy. The article highlights the particular harm that attention economy poses to vulnerable groups, especially children.
Conscientious Objection (General Aspects and the Slovenian Regulation of Conscientious Objection to Abortion)
This article discusses the theoretical aspects of conscientious objection. It is primarily a moral category. In relation to law, it is the disobedience of an individual to certain legal norms (principles and rules) that conflict with the individual's moral conscience. Conscientious objection differs in several respects from other forms of disobedience to authority, such as civil disobedience. As a moral phenomenon, conscientious objection is first and foremost the inner moral obligation of an individual to resist a particular political, legal or other norm of authority or behaviour. Conscientious objection may also be permitted by law, but to a very limited extent. Conscientious objection can only be defined as a right in a rationalized reflection of morality and, above all, in the sphere of law which is based on the dualism of rights and duties (attributive-imperative character of law). In the article, some important factors for the legal assessment of the (right to) conscientious objection and some fundamental aspects of the Slovenian constitutional and legal regulation of the right to conscientious objection to abortion by a physician are presented in more detail.
Substance Use Disorder And Treatment Courts in the American Criminal Justice System
The global issue of drug and alcohol addiction leads to the commission of crimes, wasted lives, and unnecessary deaths. Although judicial systems in every country are positioned to encourage treatment of this disease, the focus is too often on imprisonment. One promising alternative is “Treatment Courts,” a relatively recent program in the United States. This program incentivizes citizens accused of crimes by providing rewards for successful completion. Beyond other benefits, this alternative to confinement provides reduced punishment, and in some instances, even dismissal of the offense. This article explores treatment courts and other emerging American alternatives to imprisonment.
Full Issue – Volume 18, Number 1 (April 2025)
This is the full issue of Medicine, Law & Society, Volume 18, Number 1, published in April 2025.
Legal Framework of Medical Service in the City of Osijek During the First Half of the 19th Century
The aim of this research work is to gain insight into how the medical service was legally regulated in the city of Osijek, the main Slavonian center to which a large number of people immigrated after the Great Turkish War, and which consequently spread the fear of the appearance of new infections in that area. At the same time, special attention was paid to medical regulations after the city of Osijek received the status of a Free Royal City in 1809. Despite the jurisdiction of the Royal Hungarian – Protectoral Council and the Royal Hungarian Court Chamber, the Liberation Charter enabled the city of Osijek to establish its own self-governing bodies. Thus, along with the City Council and its representatives, a lesser- known physical department was founded, which was headed by a physicist. In particular, it was a physician with the highest level of responsibility, who had the authority to protect the public health of the population of the Free Royal City of Osijek.
Avtorske pravice (c) 2024 Medicina, pravo in družba https://creativecommons.org/licenses/by/4.0