FID Recht - Arbeitsrecht / Sozialrecht

Medical misogyny: understanding epistemic injustice to achieve safer healthcare for women in the UK

2026-04-18T00:00:00+00:00

Abstract

Since 2019, numerous reports (both official and charity-led) have been published detailing patient care and safety failings in areas of women’s healthcare in hospitals across the UK. A common theme that has emerged from these reports is a sense that the voices of women and people seeking maternity care and/or treatment for female health conditions are frequently dismissed and silenced. While many of the examples detailed in these reports have been appropriately recognized as both individual and systemic failings in patient care, here we apply Miranda Fricker’s epistemic injustice framework to these issues. We argue that testimonial injustice (a form of discriminatory epistemic injustice) forms a core part of the experience of some of these patients’ care resulting in a compounding of their experience of harm. Despite various exhortations within the reports that women should be listened to, the evidence demonstrates that women’s testimonial knowledge is systematically devalued. We thus contend that a fundamental reframing of the issue is required and that understanding how and why epistemic injustice occurs is critical to developing a better understanding of how to avoid it, both in the provision of women’s healthcare and in its regulation.

Digital sexual violence in adolescents: The role of family factors, online anonymity, and gender

2026-04-18T03:04:42+00:00

Abstract

Based on cross-sectional data from the 2021 National Youth Policy Institute survey (N = 1088), this study explored the role of family, gender factors, and online anonymity in digital sexual violence (DSV) among Korean adolescents indexed by victimization and perpetration of DSV. Results indicated that female adolescents reported significantly better perceived parenting qualities and lower levels of gender stereotypes and DSV perpetration than did male adolescents. Adolescents using anonymous accounts reported higher rates of both victimization and perpetration of DSV. Furthermore, positive parenting qualities and frequent family meal times were negatively associated with DSV experiences, while stronger gender stereotypes were associated with increased DSV victimization and perpetration. These findings highlight the complex interplay between family and gender factors and online anonymity in shaping adolescents' experiences with DSV. This research emphasizes the need for targeted interventions that consider gender and family factors and online anonymity in tackling DSV among adolescents.

Nobody does it better? A judicial rationalization of judges as best interests decision-makers—RE RS (Best Interests: Surgery and Intensive Care) [2025] EWCOP 38 (T3)

2026-04-14T00:00:00+00:00

While Ian Kennedy’s criticism of medicine [in his 1980 Reith Lectures and then The Unmasking of Medicine] was perceptive and penetrating, he fell through the trap-door of the British custom of saying something ‘constructive’. […] Where Kennedy missed the point was the need to reduce the power of professionals, including his own profession, rather than to shift some power from doctors to lawyers.Petr Skrabanek, The Death of Humane Medicine and the Rise of Coercive Healthism (1994, Social Affairs Unit), p. 20

Freedom isn’t free: resource limits on person-centred best interests decisions under the Mental Capacity Act

2026-03-29T00:00:00+00:00

Abstract

Best interests under the Mental Capacity Act 2005 has been cast as an empowering, person-centred process that protects a person’s rights and freedom of action. In practice this laudable goal is constrained by monetary and temporal resources. Drawing on a qualitative study which encompassed the views of patients, carers, healthcare professionals, and lawyers, we observe that, where resources are inadequate, the quality of decision-making declines and the options on offer are restricted. While austerity has disproportionately disadvantaged people with disabilities and additional needs in numerous ways, in mental capacity law, the impact of this is evident in the gap between the protection of procedural and substantive rights offered by the law. While the courts deal robustly with challenges to ‘faulty’ procedure, challenging substantive issues is difficult and has limited prospects of improving outcomes, even if the decision is clearly inadequate in any sensible interpretation of the court’s aspiration to person-centredness. Tracing these differences back to the different logics of the European Convention on Human Rights and the United Nations Convention on the Rights of Persons with Disabilities, we argue that, as things currently stand, the law cannot resolve these issues, dooming the aspiration to person-centredness to remain constrained and provisional.

Oversight of medical assistance in dying (MAiD) in Canada: perspectives of MAiD assessors/providers and organizational regulatory actors

2026-03-28T00:00:00+00:00

Abstract

In 2016, Canada amended the federal Criminal Code to legalize medical assistance in dying (MAiD). While there is a federal monitoring system for MAiD, oversight is considered a provincial/territorial responsibility. Some provinces have established MAiD-specific oversight mechanisms, while others have not, fuelling debates about optimal regulation. This article reports on qualitative research about how key stakeholders perceive oversight and its role in MAiD regulation. The research focused on three Canadian provinces with different approaches to oversight (British Columbia, Ontario, and Nova Scotia). It involved 68 interviews with two key groups: MAiD assessors and providers (physicians and nurse practitioners who provide MAiD); and ‘organizational actors’ working in governments, regulatory bodies, professional organizations, and healthcare institutions. Despite different oversight models, participants had a broad preference for their province’s model. Participants had diverse views about the adequacy of oversight, with some calling for deeper case assessment. Additional improvements included embedding mechanisms for quality improvement and alleviating the burden of oversight on practitioners. Participants also emphasized that MAiD was part of medical practice, and other mechanisms beyond MAiD-specific oversight played a role in accountability. This study can inform discussions about optimal models of MAiD oversight in Canada and in other countries considering assisted dying laws.

How Will the Chinese Artificial Intelligence (AI) Act Protect Workers’ Data Privacy? [pre-publication]

2026-04-11T00:01:06+00:00

The rapid adoption of artificial intelligence(AI)-driven workplace surveillance poses significant challenges to the protection of workers’ data privacy and other fundamental labour rights. This article provides a comparative analysis of the emerging regulatory framework for AI and data protection in the European Union (EU) and China respectively, focusing on their approaches to regulating AI-driven workplace surveillance. The effectiveness of the EU’s framework is examined, particularly the General Data Protection Regulation (GDPR) and the EU AI Act, alongside China’s developing framework, including the Personal Information Protection Law (PIPL) and the draft AI Act in this context. The two jurisdictions share the goal of protecting workers’ human dignity and emphasize the importance of protecting workers’ data privacy, but their respective regulatory approaches differ. Diverging from the EU’s human-centric and risk-based approach with strong protection of workers’ data privacy, China’s approach to regulating AI-driven workplace surveillance and workers’ data privacy protection aims to balance workers’ data protection with a national strategy for AI technological innovation. While both jurisdictions face regulatory challenges in this area, the argument here is that China could learn from the EU in developing a more comprehensive AI regulatory framework that addresses the shortcomings of the draft AI Act in protecting workers’ data privacy

Volume 42 Online ISSN 0952-617X

Conceptualising ‘my data’: Going beyond data security to build trustworthy governance of health data sharing

2026-03-18T10:37:13+00:00

Medical Law International, Ahead of Print.
Despite strong support for health research in the UK, many people currently opt not to share their health data because they do not trust that their data will be handled appropriately. This lack of trust is widely acknowledged but what is missing from the ...

Medical negligence in the age of statistically superior AI

2026-03-18T00:00:00+00:00

Abstract

As artificial intelligence (AI) systems increasingly outperform human clinicians in specific diagnostic tasks, legal debates have turned to whether such statistical superiority should create new obligations in medical practice. This article proposes a two-stage transparency framework, distinguishing ‘pre-deployment transparency’ from ‘post-deployment interpretability’, to clarify when clinicians may, must, or must not use or rely upon AI systems. It argues that duties to adopt or rely on AI arise only where institutional endorsement and meaningful transparency enable doctors to make informed, context-sensitive judgments. Legal responsibility in AI-assisted care must rest on institutional validation and explainability, not on statistical performance alone. The article further shows that, consistent with existing case law, courts may draw adverse inferences from evidentiary gaps created by AI opacity, particularly when a party fails to preserve or disclose information within its control. This framework preserves clinical judgment and patient trust while ensuring that overall statistical gains do not mask systematic harms to minority groups. It concludes with recommendations for adapting medico-legal standards to the growing role of AI without displacing the clinician’s role as the legally accountable decision-maker.

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation, Review of Klaus Lörcher, Niklas Bruun, Ana Teresa Ribeiro (eds). First Edition. Oxford, Hart. 2025

2026-04-11T00:01:06+00:00

Volume 41 Online ISSN 0952-617X

Comparative Analysis and Legality of Anti-poaching Agreements in the Indian Context

2026-04-11T00:01:06+00:00

Anti-poaching and wage-fixing agreements in labour markets represent a significant, yet largely unaddressed, antitrust concern in India. This paper argues that the Competition Commission of India (CCI) possesses both the legislative mandate under the Competition Act, 2002, and a compelling jurisprudential basis to proactively investigate and penalise such collusive practices. Drawing on a comparative analysis of enforcement trends in jurisdictions like the US, EU, and Canada, and a doctrinal review of Indian contract and competition law, this paper contends that the CCI’s current reluctance to engage with these issues, often deferring them to employment law, is a critical lacuna. It demonstrates that existing provisions, particularly section 3 of the Competition Act, are sufficient to address these anti-competitive agreements. The paper concludes by offering specific policy and enforcement recommendations for the CCI, urging a shift towards robust scrutiny to safeguard labour mobility, to ensure fair wages, and promote overall economic efficiency in India’s rapidly evolving labour markets.

Volume 41 Online ISSN 0952-617X

Do Titans Tumble? Unveiling Platform Workers’ Institutional Power Across the World

2026-04-11T00:01:06+00:00

Although the mobilization of workers attempting to address the challenges arising from platform work dates back at least to 2015, strategies adopting institutional mechanisms – e.g., litigation, collective bargaining, legal reform – logically took longer than other forms of labour unrest to produce results. Today, these strategies have led to significant outcomes. This article aims to review their development in a global perspective, which is essential to achieving understanding beyond national institutional settings, especially in the current political context in which the International Labour Organization (ILO) has indicated its commitment to adopting an international labour standard on decent work in the platform economy.

This article comes at a time when regulatory initiatives, court rulings and collective agreements, which played a limited role in the early stages, have begun to have a significant impact across geographical boundaries. It conducts a global mapping of jurisprudence, social dialogue and legislative reforms in the platform economy, based on an extensive review of academic and grey literature, institutional and research databases and media, including developments relating to misclassification. Building on an analysis of this compilation, the article provides insights into the present state of affairs, while identifying the dominant trends.

Volume 41 Online ISSN 0952-617X

International and European Protection of the Right to Strike and Its Impact on the National Law: The Case of Ukraine

2026-04-11T00:01:06+00:00

The right to strike is a fundamental labour right enshrined in international and European human rights instruments, yet its practical exercise remains constrained in many jurisdictions. This article examines Ukraine’s legal framework governing the right to strike, highlighting how international standards interact with national legislation and policy during the country’s democratic transformation and EU accession process. It emphasizes that Ukraine’s commitment to aligning its strike legislation with international and European standards reflects its broader European integration agenda despite the extraordinary wartime conditions. The analysis contributes to a comparative discussion of labour law issues by illustrating the potential of international standards to transform national legislation on the protection of the right to strike, drawing on Ukraine’s experience. The authors demonstrate the impact of the European Court of Human Rights (ECtHR) on eliminating extensive restrictions on the right to strike, as well as shaping the direction of current labour law reforms towards the democratization of industrial relations. However, it is argued that the sustainability and effectiveness of domestic legislative reform aimed at ensuring the right to strike depend on the extent to which this right is enshrined and protected at international and European levels.

Volume 41 Online ISSN 0952-617X

Ethics, Law, and the Business of Being Human: Against Nine to Five Philosophy. Charles Foster

2026-03-14T00:00:00+00:00

Ethics, law, and the business of being human: against nine to five philosophy. FosterCharles, Anthem Press, 2025, pp. , £80, Hardback. ISBN 9781839996238

Pluralisation and differentiation of employment patterns in five liberal regime countries

2026-03-13T00:06:16+00:00

Abstract

This study examines the standard employment life course among the post-war generation in five countries traditionally classified as liberal and investigates variations in the pluralisation and differentiation of life course employment patterns within liberal welfare states. Using retrospective data from five liberal-leaning countries (England, Ireland, Switzerland, the United States, and Chile) we reconstruct men's and women's working trajectories from ages 15 to 65. Our sequence analysis reveals inconsistent levels of pluralisation across these countries but a consistent trend towards greater differentiation. We also find that gender and educational differences do not uniformly account for these patterns. The findings challenge the notion of all-pervasive standard employment within this generation and demonstrate that even nations sharing similar welfare typologies can produce divergent life course outcomes. We conclude that historical legacies, cultural norms, and market deregulations shape diverse employment pathways, underlining the need for comparative, longitudinal approaches. Implications for comparative research and potential policy levers are discussed cautiously.

Does EU Law Support the Digital Exercise of I&C Rights? [pre-publication]

2026-04-11T00:01:06+00:00

This study examines how digitalization reshapes workers’ representation and explores whether EU labour law adequately supports the digital exercise of information and consultation (I/C) rights. Digital technologies offer trade unions new opportunities for organization and engagement, particularly among younger and platform-based workers, but also raise challenges related to resources, security and the balance between online and face-to-face interaction. National legal frameworks are generally neutral, neither prohibiting nor facilitating digital tools in collective labour relations, which enhances the importance of EU-level regulation. A review of the relevant EU directives reveals fragmented and inconsistent provisions: while most remain silent on digital communication, some require timely and substantive consultation, which in practice presupposes digital means. Sporadic references exist, but no coherent framework has emerged. This paper argues that the I/C framework directive should be revised to integrate clear provisions on digital resources, ensure effective implementation and harmonize existing inconsistencies. Proposed reforms include codifying rules on electronic communication, clarifying applicable law in crossborder contexts and strengthening enforcement. Ultimately, adapting EU law is essential for ensuring that digitalization reinforces, rather than undermining, workers’ collective rights.

Volume 42 Online ISSN 0952-617X

Digitalized Cross-Border Telework: Challenge to Workplace Democracy [pre-publication]

2026-04-11T00:01:06+00:00

The rapid expansion of digitalized cross-border telework challenges the traditional foundations of workplace democracy by complicating the exercise of workers’ information and consultation (I&C) rights. These rights, although fundamental within the European social model and recognized under Article 27 of the EU Charter of Fundamental Rights, are not universally protected or implemented, particularly outside Europe. This paper examines the multifaceted challenges posed by cross-border telework to the realization of I&C rights. First, it explores the tensions between their fundamental nature and the diversity of national legal mechanisms ensuring their application. Second, it analyses how cross-border telework extends these challenges into private international law, creating uncertainty over applicable laws and competent representation units. Through comparative legal analysis, the paper argues that traditional, location-based models of representation are increasingly inadequate in the digital context. It proposes a conceptual reorientation from the spatial question of where representation occurs to the personal question of which employees fall within its scope. Such a shift, it contends, would not only strengthen the effectiveness of I&C rights in cross-border contexts but also reinforce their democratic character, ensuring that employees remain meaningfully represented within evolving forms of work organization.

Volume 42 Online ISSN 0952-617X

Challenging Employer’s Risk Principle: Risk Allocation in Platform Work [pre-publication]

2026-04-11T00:01:06+00:00

The article discusses the issue of normative risk allocation in platform work, mainly in the transport and delivery sector. The author demonstrates that various types of risk are transferred to the worker, even though this is frequently not justified by the conditions of work provision. This creates a dissonance between the high degree of risk borne by workers and the extensive subordination to which they are often subjected in the work process. This state of affairs is contrary to the principle of employer’s risk characteristic of labour law. The author also points to the important role of algorithmic management in this phenomenon. She indicates what options are available for regulating the risk allocation in platform work in the future.

Volume 42 Online ISSN 0952-617X

AI in Migrant Employment Policy: Impacts, Opportunities, Challenges [pre-publication]

2026-04-11T00:01:06+00:00

The advent of AI presents both novel opportunities and challenges for migratory employment policy. The capacity of AI to analyse voluminous datasets and discern labour market trends has the potential to enhance the design, monitoring, and implementation of migration policies pertaining to labour migration. The present study examines the role of AI in five key areas: forecasting labour demand, supporting evidence-based policy-making, optimizing recruitment and job matching, monitoring compliance with labour laws, and addressing ethical concerns. The article emphasizes the need to implement AI within robust legal and ethical frameworks to ensure respect for human rights and social justice. The responsible adoption of AI has the potential to enhance the efficiency and fairness of migratory employment systems, benefiting both economies and migrant workers. Striking a balance between technological innovation and prudent governance is essential to capitalize on the potential of AI while ensuring the protection of the dignity and rights of individuals moving across borders for in search of employment opportunities.

Volume 42 Online ISSN 0952-617X

Linguistic Ambiguity and Digital Exploitation: A Forensic Analysis of Online Employment Contracts Targeting Refugees in Germany, the UK, and Canada [pre-publication]

2026-04-11T00:01:06+00:00

North African refugees in Europe and North America frequently face exploitative employment contracts that disguise unfair terms through linguistic opacity. This study conducts a forensic linguistic analysis of fifty online contracts targeting Algerian and Tunisian refugees in Germany, the United Kingdom, and Canada, supplemented by interviews with affected individuals. Using critical discourse analysis (CDA), corpus linguistics, and legal comparison, we document how passive constructions, nominalizations, vague qualifiers, and hidden hyperlinks systematically obscure employer obligations and burden workers. Quantitatively, refugee-targeted contracts exhibit over 60% passive modal clauses, significantly higher than those found in ordinary legal documents. Qualitatively, discourse patterns frame refugees as subordinate ‘providers’ while employers remain linguistically invisible. These tactics exploit linguistic and legal vulnerability, leading to debt, wage denial, and visa risks. By situating our findings within migration theory and digital labour governance, we argue for a ‘linguistic rights’ framework that mandates plain-language contracts, multilingual accessibility, and platform oversight to protect refugee workers

Volume 42 Online ISSN 0952-617X

Disagreements about paediatric treatment: an exploration of the causes of conflict between parents and clinicians and pathways to dispute resolution

2026-01-22T11:14:32+00:00

Volume 48, Issue 1, March 2026, Page 87-107
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Fourteen years of the ‘parental alienation Act’ in Brazil: negative impacts on the child custody decision-making process, children’s best interests, and women’s rights

2026-01-21T01:49:55+00:00

Volume 48, Issue 1, March 2026, Page 3-29
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Editorial

2026-01-20T01:22:26+00:00

Volume 48, Issue 1, March 2026, Page 1-2
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Research handbook on marriage, cohabitation and the law

2026-01-19T09:29:17+00:00

Volume 48, Issue 1, March 2026, Page 124-126
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Leave: no stone unturned in Potanina v Potanin in the Court Appeal again

2026-01-19T05:21:52+00:00

Volume 48, Issue 1, March 2026, Page 116-119
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With the law on our side: how the law works for everyone and how we can make it work better

2026-01-19T03:13:26+00:00

Volume 48, Issue 1, March 2026, Page 127-129
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Trans men, pregnancy, and ‘living in the acquired gender’: W v Gender Recognition Panel [2025] EWHC 2685 (Fam)

2026-01-19T03:12:58+00:00

Volume 48, Issue 1, March 2026, Page 108-111
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The quiet death of proportionality assessment in Jwanczuk v SSWP [2025] UKSC 42

2026-01-16T07:03:19+00:00

Volume 48, Issue 1, March 2026, Page 112-115
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‘I just felt we were shadows’: scope and limits of participation by bereaved families in coroners’ inquests in England and Wales

2026-01-16T01:43:15+00:00

Volume 48, Issue 1, March 2026, Page 30-48
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Fraud, needs, and gender discrimination in pre-nuptial agreements

2026-01-14T04:57:44+00:00

Volume 48, Issue 1, March 2026, Page 120-123
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“You’re not to speak unless you’re spoken to”: parent voice in public law proceedings in England and Wales

2026-01-14T03:03:56+00:00

Volume 48, Issue 1, March 2026, Page 49-67
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Reforming the law on the physical punishment of children in England and Northern Ireland: the capabilities approach as a framework for understanding children’s wellbeing and freedoms

2026-01-12T05:26:22+00:00

Volume 48, Issue 1, March 2026, Page 68-86
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The ‘matrimonialisation’ of non-matrimonial property: settled at last?

2025-07-23T01:41:16+00:00

‘We have lost our humanity’: Incomplete citizens, dangerous experts, and ‘(residential) reunification interventions’ that entrap, punish and harm the so-called ‘alienated’ child within England and Wales family court system

2024-11-13T12:27:51+00:00

Thirty-five years of feminism and family law in the legal academy

2024-11-11T08:24:31+00:00

Being made visible: Responding to complex needs created by child removal in the Family Court

2024-10-27T04:00:56+00:00

When is ‘the end of the road’ reached? Observing the presumption of parental involvement through systems theory

2024-10-23T10:33:55+00:00

The repeal of Australia’s problematic family law presumption (and other amendments): cautiously welcomed – but what has been lost?

2024-10-18T07:32:21+00:00

Parenthood and parental responsibility: legal messaging and the power of law

2024-10-17T07:05:30+00:00

Feminism and family law introduction to the issue

2024-10-15T01:20:31+00:00

‘Parental alienation’ allegations in the context of domestic violence: impacts on mother-child relationships

2024-10-14T05:12:19+00:00

Felicity Kaganas: asking the woman question in family law

2024-10-14T01:40:55+00:00

Exploring the needs of Galápagos youth using photovoice

2026-03-05T23:49:00+00:00

Abstract

The Galápagos is best known for being home to flora and fauna rarely found in other parts of the world and for inspiring Charles Darwin to develop his theory of evolution by natural selection. However, the Galápagos is also home to thousands of people, including youth. Despite growing research with people who live in the Galápagos, there is a dearth of research examining youths' experiences and needs growing up in the Galápagos. To address this gap, and informed by Critical Positive Youth Development, we used Photovoice with 20 youth (15–17 years old) in San Cristóbal to explore the question, “What do youth want the world to know about their needs growing up in the Galápagos?” Through photo-assignments and group discussion, participants identified needs and potential solutions related to recreation, education, and physical and mental health. The findings demonstrate youth engagement in critical reflection related to their social environments. Participants described pathways for contribution through advocacy, community action, and institutional engagement, illustrating the relevance of Critical Positive Youth Development for understanding youth experiences in the Galápagos.

The public sector equality duty’s role in planning the commissioning of healthcare services for older patients: a justice perspective

2026-03-04T00:00:00+00:00

Abstract

The financial strain placed on healthcare systems, along with growing health needs and an increasingly ageing population, has led to calls for age-based healthcare rationing. A key question, therefore, concerns the extent to which justice is achieved for older patients in healthcare resource allocation. This work forms a three-dimensional adaptation of justice for healthcare resource allocation and older patients, consisting of redistribution, procedural justice, and recognition, to create a justice lens. This lens assesses the UK Public Sector Equality Duty’s (PSED’s) role in commissioning healthcare services and its objective to eliminate discrimination. This assessment determines the extent to which justice is achieved for older patients, addressing the lack of age discrimination case-law in healthcare resource allocation. This assessment finds that the PSED’s legal framework does not satisfy the justice lens. A healthcare commissioning guide is subsequently developed, fulfilling the justice lens, suggesting steps promoting justice for older patients through equality in allocating healthcare resources.

Book review: Implementing the Right to Decide Under the Convention on the Rights of Persons With Disabilities: Supporting the Legal Capacity of All Persons With Disabilities

2026-03-03T12:06:52+00:00

Medical Law International, Ahead of Print.

Editorial

2026-03-03T11:17:06+00:00

Medical Law International, Volume 26, Issue 1, Page 3-5, March 2026.

From scalpel to statute: IVG’s impact on invasiveness and gender parity in posthumous conception

2026-03-02T00:00:00+00:00

Abstract

If in vitro gametogenesis (IVG), the derivation of eggs or sperm from somatic tissue, is successfully applied to humans, it could reshape UK reproductive law. In particular, IVG could transform the legal and ethical landscape for posthumous conception by expanding the availability of gametes beyond the constraints of time and traditional gamete retrieval methods. This article advances three claims with respect to IVG’s potential impact on posthumous conception. First, IVG could undermine ‘invasiveness’ based ethical objections to posthumous gamete retrieval. Secondly, by avoiding ovarian stimulation and surgical retrieval, IVG could narrow gender disparities in the gametes available for posthumous use. Thirdly, because IVG-derived material does not currently fall within the definition of ‘permitted’ gametes under the UK’s Human Fertilization and Embryology Act 1990, UK clinics will remain barred from using them in treatment absent statutory reforms. In practice, IVG could therefore expand gamete procurement and storage with requests for clinical use proceeding by export rather than domestic treatment. The arguments put forward throughout are based on IVG advancing in line with current expectations. The conclusions do not presuppose that IVG is imminent but rather are made considering the technology’s potential realization and the prospective consequences for posthumous conception.

Algorithmic Management in the Platform Work Directive: Fixing the GDPR?

2026-03-30T00:01:06+00:00

The Platform Work Directive (PWD) was adopted at the end of 2024. It contains a chapter on algorithmic management, covering topics which were already regulated by the General Data Protection Regulation (GDPR). However, the GDPR is said to lack practical effectiveness when applied in the employment context, which made it necessary that new, more specific legislation was adopted. In this paper, I consider the question to what extent the PWD is better positioned than the GDPR to address employment issues in light of the worker’s right to data protection. I study the four topics which are regulated or touched upon in the algorithmic management chapter of the PWD, namely limits to data processing, automated decision-making, transparency, and Data Protection Impact Assessments (DPIAs). For each topic, I describe how both the GDPR and the PWD regulate them, and what level of protection for the worker’s right to data protection they offer. I conclude that the PWD generally constitutes an improvement for the worker’s right to data protection, as it complements and clarifies multiple issues raised by the GDPR in the context of employment. On the other hand, some issues and unclarities remain to exist, mostly looking at the legal ground for data processing requirement and transparency.

Volume 41 Online ISSN 0952-617X

Disrupting Single-Enterprise Bargaining: Reviewing Recent Australian Experiments

2026-03-30T00:01:06+00:00

In many countries, including Australia, there has been increasing awareness, and growing concern, about the problems facing single-enterprise bargaining in a world of fissured work. Starting in 2022, the Australian federal Labor Government introduced a series of bold statutory reforms designed to address shrinking agreement coverage, expand bargaining access and uphold the integrity of bargained outcomes. This article outlines the nature and scope of these legislative amendments and considers the extent to which they depart from a ‘Wagnerstyle’ bargaining model. Although these recent experiments are a product of Australia’s own complicated industrial history and context, our analysis provides instructive insights into the complexities and challenges of attempting multi-enterprise regulation within a system founded on single-enterprise bargaining

Volume 41 Online ISSN 0952-617X

Medical liability under limited resources: A law and economics perspective

2026-02-26T11:58:49+00:00

Medical Law International, Ahead of Print.
Should a lower standard of due care apply to healthcare providers facing scarce resources? We analyse tort law in its capacity to provide deterrent incentives to potential tortfeasors and to spread accident losses that were not avoided. The fact that ...

Last resort as a justification for compulsory nasogastric tube feeding of adults with anorexia nervosa

2026-02-26T11:57:14+00:00

Medical Law International, Ahead of Print.
Nasogastric tube feeding may be imposed on adults with anorexia nervosa without their consent. Although it can preserve life, it can also cause significant and lasting distress, and it is widely accepted that the intervention should be employed only as a ...

Respecting autonomy in the guardianship appointment process for individuals with dementia in Finland: Legal and medical perspectives

2026-02-26T05:24:14+00:00

Medical Law International, Ahead of Print.
This study explores how legal experts and physicians ensure the autonomy of individuals with dementia when assessing the need for legal guardianship and appointing guardians. Through interviews with 20 legal experts and 30 physicians, and thematic ...

Developing supported job matches in public employment services: Toward a relational framework

2026-02-20T01:29:12+00:00

Abstract

Employer engagement, in which unemployed persons are “matched” with local employers to develop work ability and employability, has received increased attention in public employment service efforts to enhance sustainable employment for individuals with complex needs. This study empirically explores how such aims are realized in professional practice within public employment services and develops a conceptual framework for understanding supported job matching as a relational and developmental process. Analyzing qualitative interviews with 24 employment specialists and 31 unemployed individuals who participated in supported job-matching interventions, I find that job matching is a dynamic process involving four interrelated dimensions: functional, skills-based, social, and interests-based dimensions. The findings contribute a more nuanced understanding of the processes involved in job matching and have practical implications for policymakers and employment specialists aiming to enhance sustainable employment for individuals with complex needs.

Clarifying ‘maturity’: Determining children’s capacity for medical consent in South Africa

2026-02-18T05:10:35+00:00

Medical Law International, Ahead of Print.
South African law recognises the evolving capacity of minors to consent to medical treatment. This is manifested in the Children’s Act 2005 which governs minors’ rights and determines that children aged 12 years and above are presumed to have the capacity ...

Fifty years of the Congenital Disabilities (Civil Liability) Act 1976: A spent statute?

2026-02-17T00:00:00+00:00

Meeting basic needs first: The influence of China's New Rural Pension Scheme on rural household consumption structure

2026-02-13T08:05:48+00:00

Abstract

Population aging poses profound challenges to household welfare, particularly in rural areas. However, the impact of pension policies on the consumption structure of rural households remains underexplored. Using a fuzzy regression discontinuity design and data from the China Health and Retirement Longitudinal Study, this study examines the effects of China's New Rural Pension Scheme (NRPS) on household consumption structure. The results indicate that the NRPS significantly raises the share of subsistence consumption in total expenditure, particularly among low-income households, while having no significant impact on middle- or high-income households. These findings align with Maslow's hierarchy of needs, suggesting that pension benefits mainly help meet basic needs rather than stimulate higher-level consumption. By revealing this heterogeneity, this study contributes causal evidence on how pensions reshape consumption structures and offers policy implications for enhancing household welfare in rural China.

Book review: Migrant and Refugee Access to Health Systems: Challenging (Im)mobilities in Healthcare

2026-02-07T04:58:53+00:00

Medical Law International, Ahead of Print.

Book review: Adult Social Care Law and Policy: Lessons from the Pandemic

2026-02-07T04:51:55+00:00

Medical Law International, Ahead of Print.

Parental mediation patterns and children's digital resilience in rural China: A latent profile analysis

2026-02-03T06:27:33+00:00

Abstract

Recent scholarship has highlighted a shift from risk avoidance to emphasizing children's active role in coping with online challenges. However, research on such processes remains scarce. This study adopted a person-centered approach to examine how different parental mediation patterns influence rural children's digital resilience (DR), considering children's responses as key mechanisms shaping this relationship. Using survey data from 713 rural children in China, latent profile analysis identified four parental mediation patterns: communicative regulators, rule-setters, tech-monitors, and intensive engagers. Rule-setters emerged as the most prevalent pattern, yet communicative regulators and intensive engagers were more effective in fostering children's DR. These patterns promoted resilience primarily through enhanced child-initiated communication, whereas tech-monitors heightened children's resistance, thereby undermining resilience. The findings clarify how parental strategies translate into children's DR in rural contexts and contribute to children's protection in the digital era.

What’s in a name? Abbasi and Another v Newcastle upon Tyne Hospitals NHS Foundation Trust; Haastrup v King’s College Hospital NHS Foundation Trust [2025] UKSC 15

2026-01-28T00:00:00+00:00

Disagreements about paediatric treatment: an exploration of the causes of conflict between parents and clinicians and pathways to dispute resolution

2026-01-22T11:14:32+00:00

Volume 48, Issue 1, March 2026, Page 87-107
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