Medicine, Law & Society

Full Issue – Volume 18, Number 1 (April 2025)

Editorial Board of Medicine, Law & Society — 2025-04-14

This is the full issue of Medicine, Law & Society, Volume 18, Number 1, published in April 2025.

Conscientious Objection (General Aspects and the Slovenian Regulation of Conscientious Objection to Abortion)

Miro Cerar — 2025-04-14

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

Steven Oberman — 2025-04-14

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.

Wrongful Birth With Special Regard to Hungary

Máté Julesz — 2025-04-14

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

Aleksandra Nowak-Gruca — 2025-04-14

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.

Navigating Criminal Liability in an Era Of AI-Assisted Medicine

Marin Mrčela — 2025-04-14

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

Mohit Sharma — 2025-04-14

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.

Family Planning: Legal Regulations And Practice in Slovenia

Bojana Pinter — 2025-04-14

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.

Climate Change and Air Pollution: The Twin Threats to Children’s Health and Well-Being

Elijah Sriroshan Sritharan — 2025-04-14

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.