The legal status of clinical and ethics policies, codes, and guidelines in medical practice and research

This article examines the legal status of "soft law" in the fields of medicine and medical research. Many areas of clinical practice and research involve complex and rapidly changing issues for which the law provides no guidance. Instead, guidance for physicians and researchers comes from what has often been called "soft law"--non-legislative, non-regulatory sources, such as ethics policy statements, codes, and guidelines from professional or quasi-governmental bodies. This article traces the evolution of these "soft law" instruments: how they are created, how they are adopted within the professional community, and how they become accepted by the courts. It studies the relationship between soft law instruments and the courts. It includes an examination of the approaches to judicial analysis used by the courts in theory and in practice. The authors then examine the jurisprudence to see how courts will adopt professional norms as the legal standard of care in some circumstances and not others. They consider the legal concerns and ethical issues surrounding the weight attached to professional practices and norms in law. The authors demonstrate how practices and policies that guide professional conduct may ultimately bear weight as norms recognizable and enforceable within the legal sphere.     

Family policies and gender in Hungary, Poland, and Romania

This paper discusses changes and new directions in the gendered nature of the welfare state in three post-state socialist societies: Hungary, Poland and Romania. Relying on an analysis of laws and regulations passed after 1989 concerning child care, maternity and parental leave, family support, unemployment and labor market policies, retirement and abortion laws, the authors identify the differences and the similarities among the three countries, pointing out not only their status in 2001, but also their trajectory, the dynamics and timing of their change. The authors argue that there are essential differences between the three countries in terms of women’s relationship to the welfare state. They also specify some of the key historical and social variables which might explain variation across countries.     

Patterns of workplace supervisor support desired by abused women

The purpose of this study was to understand differences in patterns of supervisor support desired by female victims of intimate partner violence (IPV) and to examine whether the pattern of support desired at work is reflective of a woman's stage of change in the abusive relationship, IPV-related work interference, and IPV-related job reprimands or job loss. We conducted interviews in Spanish or English with adult women working in low-income jobs who had been physically or sexually abused by an intimate partner/ ex-partner in the past year ( N = 133). Cluster analysis revealed three distinct clusters that form a hierarchy of type of support wanted: those who desired limited support; those who desired confidential, time-off, and emotional support; and those who desired support in wide variety of ways from their supervisor. The clusters appeared to reflect stages of behavior change in an abusive relationship. Specifically, the limited-support cluster may represent an early precontemplation stage, with women reporting the least interference with work. The support-in-every-way cluster may represent later stages of change, in which women are breaking away from the abusive partner and report the greatest interference with work. Women in the confidential-, time-off-, and emotional-support cluster are in a transition stage in which they are considering change and are exploring options in their abusive relationship. Understanding the hierarchy of the type of support desired, and its relationship to stages of change in the abusive relationship and work interference, may provide a strong foundation for developing appropriate and effective workplace interventions to guide supervisors in providing support to women experiencing IPV.