Protective measurements illustrate how Yakir Aharonov's fundamental insights into quantum theory yield new experimental paradigms that allow us to test quantum mechanics in ways that were not possible before. As for quantum theory itself, protective measurements demonstrate that a quantum state describes a single system, not only an ensemble of systems, and reveal a rich ontology in the quantum state of a single system. We discuss in what sense protective measurements anticipate the theorem of Pusey, Barrett, and (...) Rudolph (PBR), stating that, if quantum predictions are correct, then two distinct quantum states cannot represent the same physical reality. (shrink)

This article analyzes the implications of protective measurement for the meaning of the wave function. According to protective measurement, a charged quantum system has mass and charge density proportional to the modulus square of its wave function. It is shown that the mass and charge density is not real but effective, formed by the ergodic motion of a localized particle with the total mass and charge of the system. Moreover, it is argued that the ergodic motion (...) is not continuous but discontinuous and random. This result suggests a new interpretation of the wave function, according to which the wave function is a description of random discontinuous motion of particles, and the modulus square of the wave function gives the probability density of the particles being in certain locations. It is shown that the suggested interpretation of the wave function disfavors the de Broglie-Bohm theory and the many-worlds interpretation but favors the dynamical collapse theories, and the random discontinuous motion of particles may provide an appropriate random source to collapse the wave function. (shrink)

It has been debated whether protective measurement implies the reality of the wave function. In this article, I present a new analysis of the relationship between protective measurements and the reality of the wave function. First, I briefly introduce protective measurements and the ontological models framework for them. Second, I give a simple proof of Hardy’s theorem in terms of protective measurements. Third, I analyse two suggested ψ -epistemic models of a protective measurement. (...) It is shown that although these models can explain the appearance of expectation values of observables in a single measurement, their predictions about the variance of the result of a non-ideal protective measurement are different from those of quantum mechanics. Finally, I argue that under an auxiliary finiteness assumption about the dynamics of the ontic state, protective measurement implies the reality of the wave function in the ontological models framework. (shrink)

We investigate the implications of protective measurement for de Broglie-Bohm theory, mainly focusing on the interpretation of the wave function. It has been argued that the de Broglie-Bohm theory gives the same predictions as quantum mechanics by means of quantum equilibrium hypothesis. However, this equivalence is based on the premise that the wave function, regarded as a Ψ-field, has no mass and charge density distributions. But this premise turns out to be wrong according to protective measurement; (...) a charged quantum system has effective mass and charge density distributing in space, proportional to the square of the absolute value of its wave function. Then in the de Broglie-Bohm theory both Ψ-field and Bohmian particle will have charge density distribution for a charged quantum system. This will result in the existence of an electrostatic self-interaction of the field and an electromagnetic interaction between the field and Bohmian particle, which not only violates the superposition principle of quantum mechanics but also contradicts experimental observations. Therefore, the de Broglie-Bohm theory as a realistic interpretation of quantum mechanics is problematic according to protective measurement. Lastly, we briefly discuss the possibility that the wave function is not a physical field but a description of some sort of ergodic motion (e.g. random discontinuous motion) of particles. (shrink)

This article introduces the method of protective measurement and discusses its deep implications for the foundations of quantum mechanics.

Recently the first protective measurement has been realized in experiment [Nature Phys. 13, 1191 ], which can measure the expectation value of an observable from a single quantum system. This raises an important and pressing issue of whether protective measurement implies the reality of the wave function. If the answer is yes, this will improve the influential PBR theorem [Nature Phys. 8, 475 ] by removing auxiliary assumptions, and help settle the issue about the nature of (...) the wave function. In this paper, we demonstrate that this is indeed the case. It is shown that a psi-epistemic model and quantum mechanics have different predictions about the variance of the result of a Zeno-type protective measurement with finite N. (shrink)

Protective measurement, which we have introduced recently, allows one to observe properties of the state of a single quantum system and even the Schrödinger wave itself. These measurements require a protection, sometimes due to an additional procedure and sometimes due to the potential of the system itself The analysis of the protective measurements is presented and it is argued, contrary to recent claims, that they observe the quantum state and not the protective potential. Some other misunderstandings (...) concerning our proposal are also clarified. (shrink)

An analysis of the two routes through which one may disentangle a quantum system from a measuring apparatus, hence protect the state vector of a single quantum system from being disturbed by the measurement, reveals several loopholes in the argument from protective measurement to the reality of the state vector of a single quantum system.

It is a fundamental and widely accepted assumption that a measurement result exists universally, and in particular, it exists for every observer, independently of whether the observer makes the measurement or knows the result. In this paper, we will argue that, based on an analysis of protective measurements, this assumption is rejected by the many-worlds interpretation of quantum mechanics, and worlds, if they indeed exist according to the interpretation, can only exist relative to systems which are decoherent (...) with respect to the measurement result. (shrink)

There are three possible interpretations of the wave function in the de Broglie-Bohm theory: taking the wave function as corresponding to a physical entity or a property of the Bohmian particles or a law. In this paper, we argue that the first interpretation is favored by an analysis of protective measurements.

The existing psi-ontology theorems are based on a simplified assumption of the ontological models framework, according to which when a measurement is performed the behaviour of the measuring device is determined by the ontic state of the measured system immediately before the measurement. In this paper, I give an argument for the reality of the wave function in terms of protective measurements under a more reasonable assumption, according to which the behaviour of the measuring device during a (...) measurement is determined by the total evolution of the ontic state of the measured system during the measurement. In addition, I present a new analysis of how a protective measurement obtains the expectation value of the measured observable in the measured wave function. The analysis strengthens my argument by further clarifying the role the protection procedure plays in a protective measurement. (shrink)

It has been debated whether protective measurement implies the reality of the wave function. In this paper, I present a new analysis of the relationship between protective measurement and the reality of the wave function. First, I briefly introduce protective measurements and the ontological models framework for them. Second, I give a simple proof of Hardy's theorem in terms of protective measurements. It shows that when assuming the ontic state of the protected system keeps (...) unchanged during a protective measurement, the wave function must be real. Third, I analyze two suggested psi-epistemic models of a protective measurement, in which the ontic state of the system is affected by the measurement. It is shown that although these models can explain the appearance of expectation values of observables in a single measurement, their predictions about the variance of the result of a non-ideal protective measurement are different from those of quantum mechanics. Finally, I argue that no psi-epistemic models exist for an ideal protective measurement in the ontological models framework, and in order to account for the definite result of an ideal protective measurement, the wave function must be a property of the protected system, defined either at a precise instant or during an infinitesimal time interval around an instant. Moreover, this result can also be extended to the wave function of an unprotected system. This new proof of the reality of the wave function does not rely on auxiliary assumptions, and it may help settle the issue about the nature of the wave function. (shrink)

It is shown that Uffink's attempt to protect the interpretation of the wave function against protective measurements fails due to several errors in his arguments.

Protective measurement is a new measuring method introduced by Aharonov, Vaidman, and Anandan, with the aim of measuring the expectation value of an observable on a single quantum system, even if the system is initially not in an eigenstate of the measured observable. According to these authors, this feature of protective measurements favors a realistic interpretation of the wave function. These claims were challenged by Uffink. He argued that only observables that commute with the system's Hamiltonian can (...) be protectively measured, and that an allegedly protective measurement of an observable that does not commute with the system's Hamiltonian does not actually measure this observable, but rather another related one that commutes with the system's Hamiltonian. In this paper we identify a number of unresolved issues in Uffink's proofs and argue that his alternative interpretation of what happens in a protective measurement has not been justified. (shrink)

Protective measurement is a new measuring method introduced by Aharonov, Anandan and Vaidman. By a protective measurement, one can measure the expectation value of an observable on a single quantum system, even if the system is initially not in an eigenstate of the measured observable. This remarkable feature of protective measurements was challenged by Uffink. He argued that only observables that commute with the system's Hamiltonian can be protectively measured, and a protective measurement (...) of an observable that does not commute with the system's Hamiltonian does not actually measure the observable, but measure another related observable that commutes with the system's Hamiltonian. In this paper, we show that there are several errors in Uffink's arguments, and his alternative interpretation of protective measurements is untenable. (shrink)

Quantum mechanics has sometimes been taken to be an empiricist (vs. realist) theory. I state the empiricist's argument, then outline a recently noticed type of measurement--protective measurement--that affords a good reply for the realist. This paper is a reply to scientific empiricism (about quantum mechanics), but is neither a refutation of that position, nor an argument in favor of scientific realism. Rather, my aim is to place realism and empiricism on an even score in regards to quantum (...) theory. (shrink)

The ontological model framework provides a rigorous approach to address the question of whether the quantum state is ontic or epistemic. When considering only conventional projective measurements, auxiliary assumptions are always needed to prove the reality of the quantum state in the framework. For example, the Pusey-Barrett-Rudolph theorem is based on an additional preparation independence assumption. In this paper, we give a new proof of psi-ontology in terms of protective measurements in the ontological model framework. The proof does not (...) rely on auxiliary assumptions, and also applies to deterministic theories such as the de Broglie-Bohm theory. In addition, we give a simpler argument for psi-ontology beyond the framework, which is based on protective measurements and a weaker criterion of reality. The argument may be also appealing for those people who favor an anti-realist view of quantum mechanics. (shrink)

Definition of the problem This interview study investigated ethical issues in long-term care facilities from the perspective of caregivers during the coronavirus disease pandemic. Due to the explorative as well as descriptive methodological approach, interview data are available and can be assigned to four central topics, which reveal a complex and sometimes conflictual reality of work and life in long-term care during the pandemic. On the one hand, the protective measures taken by the state and the institutions, as well (...) as the resulting restrictions on the personal freedom of the residents are critically reflected and the degree of self-determination of the residents of nursing homes in the pandemic is questioned. On the other hand – given the pandemic-related measures – nursing activities in long-term care facilities as a place of work and life are described as challenging, especially regarding the changed nursing processes and quality of care, as well as due to the changed quality of relationships with the residents. Arguments These four topics can basically be assigned to the ethical principles of autonomy and care and present a relevant concretization of the principle-oriented ethical challenges in long-term care during the COVID-19 pandemic. In the synopsis and interpretation of the results, it becomes apparent that the interviewed caregivers closely link the observance and implementation of the autonomy principle in everyday nursing care with the principle of care and the resulting well-being of the residents. Conclusions Our results clearly show that the paradigm shift in long-term care, which has been developed over the last few decades, was weakened by the COVID-19 pandemic. In addition, the reported moral uncertainties and conflicts make it clear that caregivers need support regarding the ethical reflection of their nursing actions and that a sustainable integration of ethics counselling in long-term care facilities may be a possible approach to a solution. (shrink)

Shan Gao recently presented a critical reconsideration of a paper I wote on the subject of protective measurement. Here, I take the occasion to reply to his objections.

We explore how conspiracy beliefs change the effectiveness of gain- vs. loss-framed messages in promoting health-protective behavior. We focused on various recommended COVID-19 protective measures, not only vaccinations but also other preventive (like wearing masks) and detection behaviors (like testing). Our results indicate that conspiracy beliefs moderate the effectiveness of gain vs. loss framing. When participants endorse conspiracy worldviews above the average level, the gain frame may be more effective than the loss frame. In other words, in the (...) loss frame condition, conspiracy beliefs negatively and significantly predicted attitudes toward the behavior recommended. However, in the case of the gain frame, the relationship between conspiracist views and attitudes toward promoted behavior was weaker or even nonsignificant. We also found, although only in the case of one behavior, that when participants' eagerness to look for conspiracies almost does not exist, the loss frame may be a better option than the gain frame. Finally, neither of these effects was mediated by emotional reactance or anxiety. (shrink)

Gao presents a critical reconsideration of a paper I wrote on the subject of protective measurement. Here, I take the occasion to reply to his objections. In particular, I retract my previous claim to have proven that in a protective measurement, the observable being measured on a system must commute with the system's Hamiltonian. However, I do maintain the viability of the interpretation I offered for protective measurements, as well as my analysis of a thought (...) experiment proposed by Aharonov, Anandan and Vaidman against Gao's objections. (shrink)

The COVID-19 disease has caused thousands of deaths worldwide and required the rapid and drastic adoption of various protective measures as main resources in the fight to reduce the spread of the disease. In the present study we aimed to identify socio cognitive factors that may influence adherence to protective measures toward COVID-19 in a Spanish sample. This longitudinal study analyzes the predictive value of perceived severity and vulnerability of infection, self-efficacy, direct exposure to the virus, and instrumental (...) focused coping style for adhering to infection protection behaviors during the first months of the COVID-19 pandemic. It also tests sex and age differences in these factors and changes over time. A two-wave longitudinal study was conducted in March and April 2020 starting the day after a strict national lockdown was decreed in Spain. A path analysis was used to test direct and indirect effects between vulnerability and the adherence to protective behaviors. Results suggest that individuals' perceived severity and vulnerability to COVID-19 and instrumental coping strategies are related to the use of more protective behaviors. This coping strategy mediates the effect of perceived vulnerability on engaging in protective behaviors, and this effect depends on direct exposure to COVID-19 and perceived self-efficacy moderators. Results suggest that recognizing one's own abilities to engage in instrumental actions may facilitate adherence to protective measures in people who had not been directly exposed to COVID-19. Therefore, adopting instrumental coping strategies to manage an individual's perceived vulnerability to infection may positively impact the adherence to protective behaviors, especially during the onset of an unexpected threat and when there is no prior direct experience with the situation. (shrink)

According to Healey’s pragmatist quantum realism, the only physical properties of quantum systems are those to which the Born rule assigns probabilities. In this paper, I argue that this approach to quantum theory fails to explain the results of protective measurements.

The ontological status of the wave function in quantum mechanics has been analyzed in the context of conventional projective measurements. These analyses are usually based on some nontrivial assumptions, e.g. a preparation independence assumption is needed to prove the PBR theorem. In this paper, we give a PBR-like argument for psi-ontology in terms of protective measurements, by which one can directly measure the expectation values of observables on a single quantum system. The proof does not resort to nontrivial assumptions (...) such as preparation independence assumption. (shrink)

The ontological model framework provides a rigorous approach to address the question of whether the quantum state is ontic or epistemic. When considering only conventional projective measurements, auxiliary assumptions are always needed to prove the reality of the quantum state in the framework. For example, the Pusey-Barrett-Rudolph theorem is based on an additional preparation independence assumption. In this paper, we give a new proof of psi-ontology in terms of protective measurements in the ontological model framework. It is argued that (...) the proof needs not rely on auxiliary assumptions, and also applies to deterministic theories such as the de Broglie-Bohm theory. In addition, we give a simpler argument for psi-ontology beyond the framework, which is only based on protective measurements and a weaker criterion of reality. The argument may be also appealing for those people who favor an anti-realist view of quantum mechanics. (shrink)

The possibilities for collecting, storing, and processing of data have increased significantly over the last decades. It has been argued that an increasing demand for health data will de...

Patient advocacy is an important aspect of nursing care, yet there are few instruments to measure this essential function. This study was conducted to develop, determine the psychometric properties, and support validity of the Protective Nursing Advocacy Scale (PNAS), which measures nursing advocacy beliefs and actions from a protective perspective. The study used a descriptive correlational design with a systematically selected sample of 419 medical-surgical registered nurses. Analysis of the 43-item instrument was conducted using principal components analysis with (...) promax rotation, which resulted in the items loading onto four components. The four subscales have sufficient internal consistency, as did the overall PNAS. Satisfactory evidence of construct, content, and convergent validity were determined. Implications for nursing practice include using the PNAS in conjunction with an educational program to enhance advocacy skills, which may help to improve patient outcomes. (shrink)

PurposeWithin a larger mandate of reviewing the key global trends concerning consumer protection in the electronic commerce (e-commerce) literature, this study aims to study the legal framework concerning e-commerce and consumer protection in the Sultanate of Oman and to analyse the current regulations concerning e-commerce and consumer protection.Design/methodology/approachThis study followed the normative legal research approach and resorted to the desk research process to facilitate content analysis of literature containing consumer protection legislation and regulatory provisions in Oman in particular and the (...) rest of the world in general.FindingsThe study reveals that consumer protection initiatives in Oman are well entrenched for offline transactions, but are relatively new and limited for e-commerce. In spite of the promulgation of consumer protection laws, electronic transaction law and cybercrime law, consumer protection measures for e-commerce in Oman do not address a large number of the global concerns necessary to build consumer confidence and trust in the online environment.Research limitations/implicationsThere is a dearth of information concerning Oman on this topic in the extant literature. The research also witnessed the lack of empirical data on the issue of consumer protection and e-commerce in Oman that offer a detailed database of consumer complaints and associated outcomes.Practical implicationsThe mechanism of consumer protection in electronic transactions is not robust in many countries. Because of the lack of comprehensive and robust legislation, consumers remain vulnerable in the online contractual purchase process. Moving beyond the fragmented legislation, many countries are currently mulling an all-comprehensive e-commerce law, implications of this paper will help the policymakers in identifying the focus areas.Social implicationsConsumer protection is a burning global issue in this era of consumerism. It is important to build consumer trust, transparency and integrity of transactions to reduce the risk and uncertainties of purchase.Originality/valueConsumer protection studies conducted in the context of Oman, hitherto, deal more with data protection and dispute resolution mechanisms, and less with legal provisions, regulations and consumer confidence. The study shares newer insights based on a systematic review of legal and business databases. It is the first study of its kind in the context of Oman and the Middle East in general. (shrink)

RESUMEN: El trabajo aborda las sanciones inteligentes aplicadas por el Consejo de Seguridad de la ONU en la lucha contra el terrorismo y tiene como objetivo analizar el impacto de aquellas en el ámbito de los derechos humanos, con énfasis en el derecho a la tutela judicial efectiva, lo que suscita complejas divergencias, cuyo análisis implica examen de cómo ocurre la articulación entre el Consejo de Seguridad de la ONU y los Estados demandados por éste en la aplicación de las (...) dichas medidas, así como cuáles son los parámetros de vinculación y limitación de estos. ABSTRACT: The work addresses the smart sanctions applied by the UN Security Council in the fight against terrorism and aims to analyze the impact of those in the field of human rights, with emphasis on the right to effective judicial protection, which raises complex divergences, whose analysis implies an examination of how the articulation between the UN Security Council and the States demanded by it in the application of these measures takes place, as well as the parameters of linkage and limitation of these. PALABRAS CLAVE: terrorismo, sanciones inteligentes, derechos humanos, tutela judicial efectiva. KEYWORDS: terrorism, smart sanctions, human rights, effective judicial protection. (shrink)

Protective measurement might be taken to put the last nail in the coffin of ensemble interpretations of the quantum state. My goal here is to show that even though ensemble interpretations face formidable obstacles, protective measurements don't lead to any additional difficulties. Rather, they provide us with a nice illustration of a conclusion for which we had considerable indirect evidence already, namely that quantum mechanics leads to a blurring of the distinction between the intrinsic properties of a (...) system and the statistical properties of the ensemble of which it is a member. This conclusion goes for all realist interpretations of the quantum state, both the mainstream ones that take the wave function to be a real field and the more conjectural ones that take the wave function to describe our knowledge of an ensemble. (shrink)

On 21 June 2011 the Parliament of the Republic of Lithuania adopted extensive and important amendments of the Code of Civil Procedure of the Republic of Lithuania. Most of them came into force on 1 October 2011.One of the important tasks that have been mentioned for the preparation of amendments was to ensure the implementation of the Constitutional Court’s doctrine of matters of civil procedure. This article analyses one of the changed aspect - the system of defence of public interest. (...) The doctrine of concept of public interest was formed by the resolutions of the Lithuanian Constitutional Court adopted on 16 January and 21 September 2006. That concept was quite confusing and could be interpreted widely as well as narrowly (such as protection of special key values in the Constitution). This paper analyses the manner in which the doctrine of the Constitutional Court has been implemented in the law of civil procedure. In addition, the article analyzes the history of the amendments in the Code of Civil Procedure relating to the protection of public interest. The author presents a situation proposed to the Working Group that prepared the draft amendments to the Code of Civil Procedure, and compares the proposals with the effective version of the Code of Civil Procedure. The same article analyses the way that the effective version of the Code of Civil Procedure forces to the protection of the public interest doctrine of the Constitutional Court. The author concludes that the current system is conducive to abuses when the state can envisage the existence of public interest in every dispute and intervene in its investigation. In addition, the court is transformed into an entity liable to defend public interest, while it should be an independent and impartial entity to administer justice. Let us hope that in judicial practice the concept of public interest will be interpreted very narrowly and the Code of Civil Procedure provides the right to collect evidence or apply interim protection measures and etc. will be seen as a political mistake and generally will not be applied (except when it comes to non dispositive cases). (shrink)

Given the rapid growth and emerging trend of e-commerce have changed consumer preferences to buy online, this study analyzes the current Indian legal framework that protects online consumers’ interests. A thorough analysis of the two newly enacted laws, i.e., the Consumer Protection Act, 2019 and Consumer Protection Rules, 2020 and literature review support analysis of 290 online consumers answering the research questions and achieving research objectives. The significant findings are that a secure and reliable system is essential for e-business firms (...) to work successfully; cash on delivery is the priority option for online shopping; website information and effective customer care services build a customer's trust. The new regulations are arguably strong enough to protect and safeguard online consumers' rights and boost India’s e-commerce growth. Besides factors such as security, privacy, warranty, customer service, and website information, laws governing consumer rights protection in e-commerce influence customers’ trust. Growing e-commerce looks promising with a robust legal framework and consumer protection measures. The findings contribute to the body of knowledge on e-commerce and consumer rights protection by elucidating the key factors that affect customer trust and loyalty and offering an informative perspective on e-consumer protection in the Indian context with broader implications. (shrink)

Interim measures are procedural means that allow persons or States to have their rights preserved when a case is pending. Application of these measures especially in environmental cases is very important. In many of these cases (e.g. cases dealing with territorial planning, IPPC permits, environmental impact assessment, etc.) the claims deal with the protection of environment or its components (water, air, soil, etc.) as well as with the protection of public interest. Legal regulation of application of interim measures provided by (...) Lithuanian Law on Administrative Proceedings is not optimal. That is why the first part of the article is dedicated to the analysis of the possibilities and problems of application of interim measures in the administrative proceedings in Lithuania, paying special attention to environmental cases. The second part of the article reflects the findings of a workshop of the Association of European Administrative Judges on „Interim relief in environmental matters” held in Vilnius on 22 September 2011. It briefly describes various national rules on interim relief procedures, especially in the German and the French legislation, with an assessment from the German point of view. This part of the article focuses on provisional legal protection where a permit is challenged by a third party whose rights are allegedly afflicted. In such a constellation the rights of the plaintiff compete with the rights of the operator. The article concludes that, when deciding on the necessity of interim measures, it is vital to ensure the balance of interests: both by ensuring effective access to justice and by protecting the respondent and the third party (in environmental cases - usually the operator) from the violation of their rights and the damage caused by the abuse of the right to request interim measures. In such cases short time limits for procedural steps both of the parties and the court are not advisable and a prima facie prognosis on the outcome in the main proceedings meets the interests of the parties. (shrink)

Succession of states regains its importance in current geopolitical situation as now we are witnessing a possible new wave of state succession: South Sudan has been accepted to the United Nations, Kosovo’s independence has been recognized by many countries, Palestine has gained new status in the United Nations, etc. This would lead to the necessity to resolve questions related to succession of states, which might, among other subjects, include issues of diplomatic protection which was subject to international legislation – International (...) Law Commission has prepared the Draft Articles on Diplomatic Protection. However, General Assembly is still not ready to adopt this document as a convention, therefore the term to consider possible ways of handling the issues on diplomatic protection within the UN was extended till 2013. Draft articles give the definition of diplomatic protection, indicating the main features of this institute. However, sometimes the difference among the institutes being called the same name with diplomatic protection might cause misunderstandings when analyzing the issue both in general and in the context of succession of states. One of the main prerequisites for diplomatic protection recognized in the jurisprudence of International Court of Justice is the Mavrommatis rule, which indicates that when protecting the citizen’s rights, state in reality is asserting its own right. This rule has been cited in other cases, however, especially now, when individuals already have quite a number of measures to protect their individual rights independently from the actions of state, it has been acknowledged that the rule is fictitious. This recognition, reflected in the Draft Articles and indicated in the commentary of it, is most welcomed as it helps to resolve questions related to the succession of states. There is a need to understand that there is a difference between international obligations under which state is entitled to diplomatic protection and those under which it really asserts its own rights, despite the fact that the latter might also be related to the rights of individuals. This difference is also important in the context of the succession of states, as the consequences arising out of the breach of these obligations in the context of state succession might differ. The last but not least issue addressed in the article is the question of the succession to treaties, which indicate individual rights, but does not form a customary international law. The question is whether the successor state is entitled to diplomatic protection on behalf of its succeeded citizen in a case of a breach of international treaty which was not subject to succession by the successor state. Taking everything into account, there are issues which are not addressed in the Draft Articles on Diplomatic Protection. Herewith there are issues of diplomatic protection which should be addressed in a case of state succession. Nonetheless, it should be reminded that diplomatic protection is always subject to the decision of the state itself, it is just important that newly created states understand and know the possibility to invoke international responsibility of the third state using the means of diplomatic protection, even if the injury was made to its national before the moment of state succession. (shrink)

This chapter exposes the tensions that afflict the shaping of European Union (EU) consumer law and policy and demonstrates that the relationship between EU and national consumer law is dynamic and not always coherent. A‐Punkt Schmuckhandels provides a good example of what it means to treat consumer protection as a shared competence. EU free movement law confines trade‐restrictive national measures to the area within which they can be justified, but it does not insist on their inevitable elimination. EU consumer policy (...) in its legislative dimension is predominantly the product of Article 114 Treaty on the Functioning of the European Union (TFEU), which succinctly deals with harmonization. EU consumer law and the project of market integration are intimately connected. Indeed, market integration is intended to yield beneficial effects for the consumer by improving competition and widening choice. (shrink)

The protection of human research subjects in clinical studies is regulated by international guidelines and national laws. Research Ethics Committees play an important role here, as they review the documentation for clinical studies under consideration of ethical aspects. This documentation includes an exclusion or wash-out period which designates when study subjects may not have participated in another study or be allowed to take part in a future one within a specified time period. However not all research subjects comply with their (...) applicable exclusion period. This prohibited multi-participation in clinical studies is known as ‘research subject tourism,’ ‘clinical study overlapping’, or ‘guinea-pigging’. This practice brings with it additional risks for the research subject and the integrity of the research being conducted. No comprehensive data are available to demonstrate exactly how many research subjects participate in overlapping multiple studies. However, the number of them who ‘travel’ from one study to another seems to be significant. Preventing this practice is a matter of concern for ethics committees, but the responsibility for protecting research subjects in this respect apart from approving the ethics of a wash-out period and recruiting from a specific pool or database of patients is solely that of the investigating physician. But how can the investigating physician be certain that a research subject complies with their exclusion period? An international data bank for research subjects who have participated, or are participating, in clinical studies, is a measure that would serve to prevent prohibited multi-participation in clinical studies and thereby protect the research subject, the investigating physician and their institution. VIP Check, International, which was founded by the author in 1990, is an example of such a data bank. This article examines the existence of prohibited multi-participation in clinical studies, the additional risk this practice of itself poses to the research subjects and the integrity of clinical studies, and how this practice might best be reduce or even eliminated through use of an international data bank of research subjects such as that of VIP Check. (shrink)

The aim of this study was to explore the effects of prosocial and antisocial personality tendencies and context-related state factors on compliance with protective behaviors to prevent the spread of coronavirus infections. Six types of prosocial tendencies and selfishness as the antisocial tendency were included as personality factors, while fear related to the pandemic and empathy toward vulnerable groups were context-related factors. Furthermore, mediation effect of empathy and moderation effect of fear were explored in relations between personality factors and (...) protective behaviors. The sample included 581 participants. The data were collected from March 28 to April 6, 2020, during the emergency state and curfew in Serbia. The results showed that tendency to help anonymously had a positive effect and selfishness had a negative effect on protective behaviors, over and above demographic characteristics and context-related factors. Among context-related factors, only fear related to the pandemic had a significant unique positive effect on protective behaviors, but it had no moderator effect in the relationship between personality traits and protective behaviors. However, empathy acted as a mediator and partly accounted for the negative effect of selfishness and positive effect of tendency to help anonymously on protective behaviors. The results revealed that compliance with protective measures could be seen as prosocial and unselfish form of behavior. Furthermore, these findings have practical implications for shaping public messages and they can help effectively promote health-responsible behaviors. (shrink)

Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the “One-Strike Rule,” (...) was part of a broader congressional effort to combat the “reign of terror” that Congress believed drug dealers were imposing on public housing and assisted housing tenants. Like many of the crime-related policies enacted in the 1980s and 1990s, the One-Strike Rule has done little to reduce crime rates, but has been wildly successful in ensuring that the situation of poor households receiving federal assistance remains highly precarious. Calls for reform of the One-Strike Rule are almost as old as the policy itself, but given the political outlook of the current administration, the prospects for reform at the federal level are dim. While federal law and a combination of gridlock and unwillingness in the congressional and executive branches foreclose a range of possible strategies for reform, there is nonetheless room to mitigate the socially corrosive effects of the One-Strike Rule through legislative efforts at the state and local level. Courts in various jurisdictions have upheld state laws that protect vulnerable tenants despite the federal strict liability policy, and these holdings help to provide a framework for how state and local governments seeking to protect tenants can do so without their efforts necessarily falling prey to the Supremacy Clause. This article describes that framework and proposes three concrete measures that fit it. The article is structured as follows: after explaining the One-Strike Rule and the threat it poses to vulnerable tenants (Section II), the article discusses the burden the Rule imposes on tenants and the benefits it is supposed to bring to other parties, and argues that the resulting distribution of burdens and benefits is unjust (Section III). The article then lays out three concrete measures that state and local governments can enact to protect tenants who face eviction for criminal activity under the Rule without falling prey to a federal preemption challenge: requiring “good cause” for eviction, giving tenants the right to cure a breach of their lease, and providing tenants with free counsel in landlord-tenant court (Section IV). (shrink)

Shame has been found to promote both approach and withdrawal behaviours. Shame theories have not been able to explain how shame can promote such contrasting behaviours. In the present article, the authors provide an explanation for this. Shame was hypothesised to activate approach behaviours to restore the threatened self, and in situations when this is not possible or too risky, to activate withdrawal behaviours to protect the self from further damage. Five studies with different shame inductions and different dependent measures (...) confirmed our predictions. We therefore showed that different behavioural responses to shame can be understood in terms of restore and protect motives. Implications for theory and behavioural research on shame are discussed. (shrink)

The aim of this paper is to analyze the protection offered to parties, participants and third parties during enforcement, as one of the most important requirements of the enforcement procedure. Having in mind that bailiffs except for implementing enforcement, they are also competent to determine the means by which creditors’ claims will be fulfilled. The realization of the creditors’ claims does not mean use of any kind of measure or enforcement procedural activity. In this context the authors review ways in (...) which debtors and their family members can be protected during enforcement actions, such as measures of exclusion and restriction of enforcement on the debtor’s items and income. Furthermore, the authors elaborate other legal and important ways for protection of parties, participants and third parties, such as opposition to illegality and complaints provided by the Law on Enforcement. In this regard, results of this research have shown that the RNM is making efforts to create a more effective enforcement system, which includes guarantees not only for the protection of the creditor and the debtor as a party, but also for the participants and third parties. From the enforcement experiences of citizens were reported dissatisfaction and complaints of citizens regarding the performance of bailiffs, namely taking the necessary means of subsistence form them. To avoid this situation Amendments on the Law on Enforcement in 2020 were brought, so the legal framework was clarified in terms of measures for exclusion and restriction of enforcement. This resulted in the prevention of economic damage of debtors and their family, because now no action can be taken if the debtor has an average salary or pension. Extraordinary legal remedies in enforcement proceeding are excluded, but there are other safeguards that are related to enforcement process but are not regulated by the Law on Enforcement. (shrink)

Information of high evidentiary quality plays a crucial role in forensic investigations. Research shows that information provided by witnesses and victims often provide major leads to an inquiry. As such, statements should be obtained in the shortest possible time following an incident. However, this is not achieved in many incidents due to demands on resources. This intersectional study examined the effectiveness of a chatbot (the AICI), that uses artificial intelligence (AI) and a cognitive interview (CI) to help record statements following (...) an incident. After viewing a sexual harassment video, the present study tested recall accuracy in participants using AICI compared to other tools (i.e., Free Recall, CI Questionnaire, and CI Basic Chatbot). Measuring correct items (including descriptive items) and incorrect items (errors and confabulations), it was found that the AI CI elicited more accurate information than the other tools. The implications on society include AI CI provides an alternative means of effectively and efficiently recording high-quality evidential statements from victims and witnesses. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

This paper is aimed to understand the state of the art and the resulting consequences of the legal framework in Europe, with regard to the protection of children's data. Especially when they interact with networked and robotic toys, like in 'My friend Cayla' case. In order to evaluate the practical implications of the use of IoT devices by children or teenager users, the first part of the paper presents an analysis of the international guiding principles of the protection of minors, (...) a category which enjoys a higher level of protection of their fundamental rights, due to their condition of lack of physical and psychological maturity. Secondly, the focus is moved upon the protection of personal data of children. Only after confronting previous data protection legal instruments and having compared them with the novelties set forth in General Data Protection Regulation, it is reasonable to assume that new provisions such as "privacy by design" principle, adequacy of security measures and codes of conduct, can support data controllers in ensuring compliance in the field of IoT toys. In conclusion, the paper supports a view of Data Protection Authorities as a relevant player in enhancing these renovated tools in order to achieve the protection of children's rights, as to ensure their substantial protection against the threats of the interconnected world. (shrink)

This report presents a comprehensive set of recommendations for protection of human beings who are trafficked for the purpose of organ removal or are targeted for such trafficking. Developed by an interdisciplinary group of international experts under the auspices of the project Trafficking in Human Beings for the Purpose of Organ Removal, these recommendations are grounded in the view that an individual who parts with an organ for money within an illegal scheme is ipso facto a victim and that the (...) crime of trafficking in human beings for the purpose of organ removal intersects with the crime of trafficking in organs. Consequently, the protection of victims should be a priority for all actors involved in antitrafficking activities: those combating organ-related crimes, such as health organizations and survivor support services, and those combating trafficking in human beings, such as the criminal justice sectors. Taking into account the special characteristics of THBOR, the authors identify 5 key stakeholders in the protection of human beings trafficked for organ removal or targeted for such trafficking: states, law enforcement agencies and judiciary, nongovernmental organizations working in the areas of human rights and antitrafficking, transplant centers and health professionals involved in transplant medicine, and oversight bodies. For each stakeholder, the authors identify key areas of concern and concrete measures to identify and protect the victims of THBOR. The aim of the recommendations is to contribute to the development of a nonlegislative response to THBOR, to promote the exchange of knowledge and best practices in the area of victim protection, and to facilitate the development of a policy-driven action plan for the protection of THBOR victims in the European Union and worldwide. (shrink)