Although Lundman was evidently the first case to award damages for faith healing, prosecutions of parents whose children die under similar circumstances are reasonably common.(64) Many of the cases involve Christian Scientists who do not accept the superiority of contemporary medicine to their faith-based care; and many others involve Jehovah's Witnesses, who do not accept blood transfusions because of the biblical prohibition on ingesting blood.(65) but official punishment is surely not the ideal response to the understandable and entirely justified effort to protect the life of the sick child. Usually, the states try to prevent the death of the child rather than punish it later. The typical case involves a petition from a hospital for the temporary dissolution of the parents' rights over the child and the appointment of a guardian ad litem to make the decision on the surgery or transfusion. After the decision is made and the procedure has been performed, the parents' rights are restored. See, e.g., in re McCauley, 565 N.E.2d 411, 414 (Mass. 1991) (affirming the authorization of a child's blood transfusion, despite the protests of her Jehovah's Witness parents); State v. Perricore, 181 a.2d 751, 759 (N.J. 1962) (requiring a blood transfusion for the child of Jehovah's Witnesses, despite the religious objection of the parents); O.G. v. Baum, 790 S.W.2d 839, 841 (Tex. Ct. App. 1990) (denying relief to Jehovah's Witnesses whose child was appointed a temporary managing conservator with the authority to consent to blood transfusions for the child). (Carter, 1997, p. 1627)
The case of reverse discrimination against Comodo is limited in jurisprudence as no such case has been expressly discussed or ruled upon by the courts. In short the courts could rule in either direction and a proper response to the situation might be an out or court settlement. In the alternative this case might reach his standing and be heard by a higher court who, depending on the whole of the situation could find in favor of Comodo on the grounds that it was never made clear to him that his refusal to provide certain care on the contingency of his religious beliefs could result in his termination. If such documentation is in existence, the hospital might have grounds. Alternatively testimony by individuals involved in the situation could effectively prove that Comodo's attitude in the situation was the reason for his behavior being deemed insubordinate, rather than his actual refusal to provide care.
A person needs a blood transfusion, a bone marrow transplant, or a new kidney. (81) the most suitable donor declines to contribute it. A lawsuit is brought, or legislative action is sought. How would each theory approach the questions involved -- the doctrinalist would look to the legal landscape, to judicial and legislative decisions that seem analogous, so that what is done here is "like" what is done there. And at first glance the topography seems to be unusually lucid. We are, after all, still primarily a libertarian rather than a communitarian polity. (82) Autonomy and individualism are powerfully represented in the legal topography however they may have gotten there and however justified or desirable they may ultimately be.And so the doctrinalist's initial conclusion would be that we do own our own bodies. For this he or she would cite innumerable "topographical landmarks/precedents" from any number of parts of statutory, constitutional, and common law: the fact that normally volunteering to save someone else's life is not required; (83) the constitutional prohibitions on involuntary servitude; (84) the legal sale of blood and hair; (85) the seeming right to donate body parts to those to whom we wish to give them (including, of course, the laws that specify how a person can establish that his or her organs may be used for transplants after his or her death); (86) the Supreme Court decision that seems to recognize a person's constitutional right to prohibit further medical treatment and to die more or less in peace; (87) the right to be informed and consent before medical interventions; (88) and many more. (89) it is little wonder that the courts that have faced the issue of ownership of body parts have concluded that such parts belonged to their possessors. (90) (Calabresi, 2003, p. 2113)
The bioethical determinations in a legal sense associated with voluntary provision of care and products for transfusion and other non-native procedures are still relatively unclear in the legal system. As it currently stands such donation needs to be voluntary, and yet the provision of such care is mandatory on the part of the provider, if such care would save the individual's life. In this manner the courts have frequently ruled in favor of the institution...
This can also lead to feelings of inadequacy and low self-esteem. It is also noted that religious discrimination can be both overt and covert. Overt discrimination is a more obvious form of discrimination, such as name -- calling and physical intimidation ( Perceived Religious Discrimination and its Relationship to Anxiety and Paranoia among Muslim Americans). Covert discrimination is often more insidious and psychologically harmful in that it is suggested by
This is to say that, in a theoretical regard, ethnic prejudices and religious hatred may not even enter into some of the broader economic patterns. Instead, in such instances, this is a form of economic opportunism which, not unlike America's categorical exploitation of Mexican labor, has manifested as a devastating form of economic discrimination. The results are indeed quite damaging, evidence suggests, to the Indian population of the Emirates, which has not experienced the type of wholesale
Discrimination against the elderly, against pregnant women, against women with children, against people of color are all prohibited under the law. The EEOC or Equal Employment Opportunity Commission was created to administer Title VII of the Civil Rights act and specifically to "progress race, national origin, religious, and sex discrimination claims pursuant to the statue" (Gregory, 2003). Is the EEC doing its job? During the first year alone after
Likewise the same percentages of responders assert that discrimination based on sexual orientation occurs at the companies that they work for. Eighty percent of the participants believe that a company's policy concerning discrimination against gays should not be determined by religious convictions. Fifteen participants reported that an employee of their company had been accused of discrimination based on sexual orientation. Additionally, seventy percent of participants assert that there company has
Discrimination and Affirmative Action "Firefighting is a skilled job where all of the skills learned are on the job… It's a really good job, and it's been racially exclusive in most of our major cities…" (John Payton, NAACP) (Liptak, 2009, The New York Times) Workplace issues that revolve around racial fairness and racial justice typically are highly charged with passion and contentiousness. The now notorious case of the Caucasian firefighters in New
Discrimination and Harassment Discrimination is an act of prejudice where unfairness towards a person or group of persons is demonstrated. It is an act of unreasonably treating a person less fairly as compared to how others are treated. Discrimination can manifest itself in many instances in our lives, either within the social environment, workplace, school, and many others. In reference and respect to every person's human rights, discrimination is prohibited
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