The expression of each individual’s will is one of the important rights. This freedom is protected by human rights. In legal systems the expression of the central positions of the will of individuals is protected. In civil law transactions as well as in health care individuals have specific and complicated rights to express their will. And the problematics of it comes from that capacity issue. The rights to expression, rights to liberty ect. are recognized as the basic rights of each individual, of each member of the society. The protection of the expression of the individual’s will is significant moment from the international as well as national point of view. A significant aspect and more sensitive is the protection of incapable person’s rights, for instance, in civil law transactions and healthcare matters in legal framework. The key challenge for the protection of those rights is to find the balance between capable and incapable persons’ rights protection in the case of will expression in particular matters. Keywords: legal capacity, decision, treatment, willpower, civil law
The right to health is one of the human fundamental rights. In present socio-legal area in health security issues, the human as an unconditional obedient patient, transforms into medical practitioner's associate, actively participating in all discussions of issues, which affect his health and executable medical manipulations. The human from medical object has turned into the medical subject. As exceptions can be mentioned persons who, for objective reasons, are not able to exercise their rights in full. One of such person group is children. Children have no capability to exercise their rights themselves. Therefore it is important to understand whether the volume of child's right is equal to the volume of adult's rights. Conditionally, we can say that in the stage of exercising the right, children depend on their representatives. The article will provide information on the issues, which affect child's right to health in context of ensuring the best interests of the child in Latvia according to the local and the European Union legal documents. In addition, the article will show the mechanism for dispute resolving, which may occur between a medical institution (doctor) and a person, who represents the child in Latvia. Both international and national legal acts stipulate that a child requires a special care, which includes ensuring the best interests of the child. It is essential that the concept “best interests of the child” is not defined in legislation and in all cases it is subject to interpretation of the adopter of the law (the user). On the fact, how fully the child's natural or legal guardians will defend the interests of the child, depends observation of the child's fundamental right – right to health. To find the answers to the current research questions descriptive, analytical, deduction-induction methods, etc. are used.
Doctoral studies are the first stage of an academic career, which applies to both the academic doctoral study programme and the professional doctoral programme. Over the past two decades, the role and tasks of doctoral studies have changed dramatically, especially in Europe. Doctoral studies have become an important link between the European Higher Education Area and the European Research Area and its main task is to provide those with doctoral degrees with the best qualifications for the creation, implementation and diffusion of new knowledge and innovations. Interdisciplinarity is trending. Nowadays scientists, researchers, professionals face up with the global problems. This global problem usually is unsolvable and complex by individual fields of science. Therefore, interdisciplinarity is vital in educational process as well as n science. Interdisciplinary approach in thus field is challenging tasks for researchers and persons involved in educational process. Nevertheless, if Doctoral Programme is designed based on Interdisciplinarity, doctoral level studies in areas that cannot be accommodated in one of the departmental doctoral programs, could give broader and more unique research results. Interdisciplinary approach on doctoral level programme helps as well meet the individually designed interests or researcher. Bridging many disciplines together there is possible to provide novel and significant researches.
It is beyond argument that education is a cornerstone of the sustainable development of any society and state. The more educated society and its individual members are, the more capable the state and its economy and security and technology systems are of giving a targeted response to challenges of today’s world. However, education should not be seen as an end in itself. Certain quality requirements and standards should be respected in the educational process, one of them being academic integrity. Academic misconduct is firmly condemned both at educational institutions and in society, and occasionally the lawfulness of acquired education may be questioned. This kind of misconduct represents a phenomenon leading to several threats, and it can be interpreted as an intellectual property theft, which compromises the quality of education, thereby reducing a state’s capacity for development, and undermines confidence in educational institutions and persons who have committed misconduct, adversely affecting society in general. It should be emphasised that, if ignored, academic misconduct facilitates legal nihilism in the long term. Therefore, one of priorities in education should be associated with solidifying academic integrity as a component of sustainable development. In the light of the above, this article analyses the understanding of academic integrity and how students can be punished for academic misconduct in the context of sustainable development, for which purpose internal regulations of major higher education institutions of the Republic of Latvia have been examined. Keywords: academic integrity, liability for academic misconduct, right to education, sustainable development of the state
Mediation can be described as a multi-functional legal tool serving the mission of law, which is to ensure public balance, justice and order. This is possible owing to the legal nature of mediation, because it is essential not to merely solve a dispute but to understand its cause during the mediation process. Nowadays, mediation is equally effective in cases associated with civil disputes and criminal offences to attain understanding-based reconciliation between the victim and the perpetrator. However, the voluntary nature of mediation may hinder the achievement of a positive result in some situations. The aim of this article is to examine the legal scope of mediation with a view to determining to which extent mediation can be applied in civil and criminal proceedings and answering the question of whether possibilities offered by mediation are effectively used by law. The added value of mediation is the alignment of parties' interests by means of active cooperation and the elimination of the cause of the dispute. Contrary to enforcement mechanisms, such as the execution of court rulings, mediation enables more effective use of possibilities provided by law as a social system and alleviation of tension caused by disputes in society. This research employs general scientific methods, such as analysis, induction and deduction and interpretation of law. The research is based on legislation, scientific literature and case-law.
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