scholarly journals HUMAN DIGNITY AND THE RIGHT OF PERSONHOOD: LEGAL PROTECTION FOR ELDERS AT HOME IN GERMANY

2017 ◽  
Vol 1 (suppl_1) ◽  
pp. 499-499
Author(s):  
A. Schwedler ◽  
N. Konopik ◽  
L. Schulz ◽  
F. Oswald ◽  
M. Wellenhofer ◽  
...  
2020 ◽  
Vol 28 (2) ◽  
Author(s):  
Ratri Novi Erdianti

The implementation of online learning systems in the pandemic period of COVID-19 caused problems related to learning methods that require adequate facilities and not all students have them. In addition, the community also feels less than optimal for students, especially elementary school children who find it hard to accept learning through online, this is also because there is more work to replace the material students can use. The purpose of this paper is to see that the study at home policy is an appropriate step according to the guarantee of legal protection mandated by Law no. 35 of 2014 concerning Amendment of Law No. 23 of 2002 concerning the Protection of children to continue to carry out the learning process so that the world of education is not paralyzed due to the problem of the spread of covid 19. The purpose of this study is to examine the study at home policy as a guarantee of legal protection mandated by Law no. 35 of 2014 concerning Amendment to the Law no. 23 of 2002 concerning child protection. The method used in this study is the normative method. The results of the study show that online learning policies are the best solution and are in line with the principles of legal protection of children's rights in Indonesia, especially regarding the right to be safe from danger and to be kept away from diseases as well as the right to survival and development.


Author(s):  
Vladimir Baranov ◽  
Roman Romashov

The article deals with authors’ definition of terms “vice”, “abuse”, “abuse with right”. The understanding of an abuse as a legally assessed negative impact expressed in behavioral form allows considering “abuse in law”, “abuse of rights” as relatively independent legally technical constructs. Personal rights and interests of individuals and incorporated participants of legal communications appear as objects of “malicious” impact. As a specific interdisciplinary object of abuse with right the right of personal dignity (honor) is considered. It is proposed to optimize the categories (apparatus of categories) of professional jurisprudence by reducing the names of all immaterial rights to this or that extent connected with respect to personality to two basic ca­tegories: dignity and reputation, which will significantly increase the efficiency of measures used for the legal protection there of.


2016 ◽  
Vol 5 (2) ◽  
pp. 185-196
Author(s):  
Kalline Carvalho Gonçalves Eler

ABSTRACTIn the universe of technologically advanced societies, the respect for privacy as a fundamental right presents an increasingly urgent requirement, whereas the right to privacy, in the current system of fundamental rights, it is essential to human  dignity.  It  is  urgent,  in  this  context,  to  inquire  about  the  construction  of  a  new  constitutionalism  of  the  electronic space  in  which  privacy  protection  will  constitute  an  essential  right  in  the  consolidation  of  social  identity,  and  therefore, social  dignity.  The  technology,  despite  allowing  the  construction  of  a  private  sphere  more  diversified,  paradoxically,  becomes more vulnerable in the moment as its’ exposure becomes constant. It justifies the growing need for a further strengthening  of  the  legal  protection  of  privacy  so  that  the  Principle  of  Human  Dignity  is  effectively  implemented.  The  primary objective  of  this  research  is  to  seek  a  new  valuation  of  human,  social  and  juristic  scientific  and  technological  innovations used by public and private institutions, having as imperative the equal social dignity. To attain this end, it will be adopted the Civil Constitutional Law’s methodology, taking as theoretical framework privacy in surveillance society, an object theme of deep studies by the Italian jurist Stefano Rodotà.RESUMONo universo das sociedades tecnologicamente avançadas, o respeito à privacidade como direito fundamental apresenta-se como uma exigência cada vez mais urgente, visto que o direito à privacidade, no sistema atual de direitos fundamentais, revela-se essencial à própria dignidade humana. Urge, nesse contexto, a necessidade de se perquirir acerca da construção de um novo constitucionalismo do espaço eletrônico, no qual a proteção da privacidade venha a se constituir em um direito essencial na consolidação da identidade social, e, portanto, da dignidade social. A tecnologia, apesar de possibilitar a construção de uma esfera privada diversificada, paradoxalmente, a torna mais vulnerável a partir do momento em que sua exposição torna-se constante. Justifica-se, assim, a necessidade de um maior fortalecimento da proteção jurídica da privacidade a fim de que o Princípio da Dignidade da Pessoa Humana seja efetivamente concretizado. O objetivo precípuo deste trabalho está em buscar uma nova valoração humana, social e jurídica das inovações científicas e tecnológicas utilizadas pelas instituições públicas e privadas, tendo-se por imperativo a igual dignidade social. Para persecução deste fim, foi adotada a metodologia do Direito Civil Constitucional, tomando-se por marco teórico a privacidade na sociedade de vigilância, tema objeto de profundos estudos do jurista italiano Stefano Rodotà.


Author(s):  
Anushka Singh

Liberal democracies claim to give constitutional and legal protection of varying degrees to the right to free speech of which political speech and the right to dissent are extensions. Within the right to freedom of expression, however, some category of speeches do not enjoy protection as they are believed to be ‘injurious’ to society. One such unprotected form of political speech is sedition which is criminalized for the repercussions it may have on the authority of the government and the state. The cases registered in India in recent months under the law against sedition show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, a group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracies. The work is done in a comparative framework keeping the Indian experience as its focus, bringing in inferences from England, USA, and Australia to intervene and contribute to the debates on the concept of sedition within liberal democracies at large. On the basis of an analytical enquiry into the judicial discourse around sedition, the text of the sedition laws, their political uses, their quotidian existence, and their entanglement with the counter-terror legislations, the book theorizes upon the life of the law within liberal democracies.


Noise Mapping ◽  
2021 ◽  
Vol 8 (1) ◽  
pp. 138-161
Author(s):  
Jerónimo Vida Manzano ◽  
José Antonio Almagro Pastor ◽  
Rafael García Quesada

Abstract The city of Granada is experimenting a big urban transformation, attending national and international commitments on clean air, energy efficiency and savings linked to greenhouse gases reduction strategies and sustainable development action plans. This situation constitutes a good scenario for new noise control approaches that take into account the sound variable and citizens empowering in urban design, such as the soundscape assessment of urban territory. In this way, soundscape tools have been used in Granada as a complementary method for environmental noise characterisation where traditional noise control techniques are difficult to be carried out or give limited results. After 2016 strategic noise map and in the preparation of the new noise action plan, the city came across a great acoustic challenge in a new area located outskirts characterised by growing urbanisation, still under development, the greatest legal protection because of sensitive teaching and hospital buildings and the greatest noise exposure from nearby ring-way supporting heavy traffic flow. As quiet urban areas are not characterised by the absence of noise but for the presence of the right noise, this research intended to provide the local administration with results and proposals to transform this conflict area in a pleasant or quiet urban place. Main results came from important and significative differences in morning and evening characterisation, as great differences appear in soundscape assessment over the day and along the soundwalk path, indicating the importance of time and local issues to adequately characterised citizens perception to be considered by administration in the development of strategies and effective noise control actions.


Author(s):  
Liubomyr Ilyn

Purpose. The purpose of the study is to analyze the legal and state views of E. Olesnytsky, in particular his assessment of imperial law, as well as practical activities as a lawyer and one of the initiators of the cooperative movement in Galicia in the early twentieth century. Methods. The methodological basis of the study was a set of general scientific, special scientific and philosophical methods, as well as the principles of historicism. The key was the biographical method and the comparative approach, which allowed to reveal the peculiarities of the formation of legal views of E. Olesnytsky. Findings. It is established that through the prism of the analysis of political and legal views of E. Olesnytsky it is possible not only to trace the level of legal culture, social and political activity of the population of Galicia, but also to determine the practical content of imperial legislation. The influence of I. Franko and socialist ideas in general on the legal views of E. Olesnytsky, who was one of the founders of the «Сhasopys Рravnycha», actively analyzed the imperial regional legislation for expediency, rationality and compliance with public interests. This work was key in raising the level of legal culture of the population, and after 1891 it was supplemented by the legal activity of E. Olesnytsky. Among the regional legislation, the lawyer's special attention was drawn to the right of propination, which gave large landowners a monopoly on the production and sale of alcohol. After 1901, E. Olesnytsky focused on the development and popularization of the cooperative movement in Galicia, including the legal protection of producers and sellers of agricultural products. Originality. The directions of E. Olesnytsky's professional and professional interests in the field of economic and financial law of Austria-Hungary, advocacy and organization of the cooperative movement are determined. Practical significance. The results of the study can be used in further historical and legal research, preparation of special courses.


2009 ◽  
Vol 39 (2) ◽  
pp. 238
Author(s):  
Rena Yulia

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim


Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.


Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 65-70
Author(s):  
E. V. Shirmanov ◽  

The Right to health protection is one of the most fundamental constitutional rights. It is subject to criminal legal protection. While the attacks on him appear not only in the form of crimes such as causing harm by negligence (part 2 of article 118 of the Russian Criminal Code), failure to assist a patient (article 124 of the Russian Criminal Code), etc., but also corruption crimes. Corruption threatens the normal relationship between doctor and patient, medical institution and patient, which reduces the quality of medical care. It threatens not only people’s property, but also their lives and health. Manifestations of corruption in health care are different, they are many, and they should all be taken into account in determining measures and means to combat this dangerous social phenomenon. The effectiveness of the fight against corruption in the health sector is largely due to the knowledge of its various manifestations. These problems are the subject of the proposed article


2020 ◽  
Vol 1 (4) ◽  
Author(s):  
Zaldi Pratama Bagus Putra

The legal consequences of the issuance of the land title certificate whose application is made by a party who is not the right holder / owner is legally flawed. Issuance of a legally invalid certificate and no binding force and cancellation by the court. The defendant obtains a parcel of land through an auction, the auction is proven by photocopies of the auction object certificate, according to Article 21 of the 2016 Bidding Guidelines that the registered land auction must include an original certificate, so The Defendant did not go through the correct legal procedures. For the issuance of a double certificate for the same land field, the buyer of the land field loses the ownership certificate that is purchased by another party as a buyer with good intentions, because it has been carried out in accordance with the correct legal procedure, which means that the purchaser's certificate is guaranteed legal certainty. Legal protection for the purchaser of good land rights, that the buyer as a buyer has good intentions, with the issuance of the HGB certificate Number 181 Village / Cicau Village covering an area of ​​26,700 m2 in the name of the Defendant, is impaired, so that legal protection provided to the Plaintiff is filing an objection to the issuance HGB certificate to the Land Office as a preventive legal protection. 


Sign in / Sign up

Export Citation Format

Share Document