“De-gendering” the civil status? A public law problem

2020 ◽  
Vol 18 (2) ◽  
pp. 471-475
Author(s):  
Stefano Osella
Keyword(s):  
Public Law ◽  
Fundamental Rights ◽  
Self Determination ◽  
Gender Recognition ◽  
Public Interests ◽  
Men And Women ◽  
Easy Task ◽  
Civil Status ◽  
Gender Categories ◽  
The Right

Abstract This article raises the problem of the inclusion of gender in the civil status of the person and argues that public lawyers are now called on to understand whether a genderless civil status is constitutionally permissible and desirable. Admittedly, this is not an easy task. Gender categories are deeply rooted in our legal systems. Arguably, they may prove necessary for the achievement of constitutionally grounded public interests and protect fundamental rights, such as equality between men and women. The task that public lawyers are faced with is further complicated by the affirmation of the right to gender recognition based on self-determination, and the inclusion of nonbinary genders in the law. These developments are indeed profoundly transforming the way in which gender is registered and controlled. Importantly, they put in doubt the effectiveness of gender as a criterion of legal categorization.

Suicidal Ideation and Self-Determination in Institutionalized Elderly

Crisis ◽  
2001 ◽  
Vol 22 (1) ◽  
pp. 15-19 ◽  
Author(s):  
Andrée Fortin ◽  
Sylvie Lapierre ◽  
Jacques Baillargeon ◽  
Réal Labelle ◽  
Micheline Dubé ◽  
...  
Keyword(s):  
Self Determination ◽  
Current Debate ◽  
Elderly Persons ◽  
Rational Suicide ◽  
Institutionalized Elderly ◽  
Significant Difference ◽  
Social Subscale ◽  
Civil Status ◽  
The Right ◽  
Taking Action

The right to self-determination is central to the current debate on rational suicide in old age. The goal of this exploratory study was to assess the presence of self-determination in suicidal institutionalized elderly persons. Eleven elderly persons with serious suicidal ideations were matched according to age, sex, and civil status with 11 nonsuicidal persons. The results indicated that suicidal persons did not differ from nonsuicidal persons in level of self-determination. There was, however, a significant difference between groups on the social subscale. Suicidal elderly persons did not seem to take others into account when making a decision or taking action. The results are discussed from a suicide-prevention perspective.

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

Solidarity

2021 ◽  
pp. 327-340
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
The Other ◽  
Self Determination ◽  
Third Generation ◽  
Human Rights Law ◽  
Healthy Environment ◽  
Right To Development ◽  
The Right ◽  
Collective Dimension

Some fundamental rights, variously described as ‘solidarity rights’, ‘people’s rights’ or ‘third generation rights’ are not fully reflected in the human rights instruments. Indeed their place within human rights law remains somewhat controversial although that does not imply that they are not customary in nature. Among them are the right to peace, the right to a healthy environment, the right of peoples to self determination, and the right to development. The main distinction between these rights and other human rights relates to the jurisdiction of human rights bodies. They have a collective dimension that is not present in the same way with the other categories of human rights.

Consenso informato, autodeterminazione e libertÀ nella giurisprudenza

2012 ◽  
pp. 137-160
Author(s):  
Amedeo Santosuosso ◽  
Valentina Sellaroli
Keyword(s):  
Informed Consent ◽  
Cultural Context ◽  
Fundamental Rights ◽  
Self Determination ◽  
Historical Period ◽  
Individual Liberty ◽  
Legal Perspective ◽  
The Right ◽  
The Relationship ◽  
Conceptual Core

In recent decades informed consent has become simply the expression of the fundamental rights of individuals despite the fact that some signs of its ambiguous nature still remain. This means that the idea of informed consent is very much influenced by external values, by the specific cultural context or by the laws in force in a certain historical period. The great amount of national and international legal references lead us to believe that, in this matter, there is a common constitutional sense, whose conceptual core is shared by the whole society and which consists of fundamental rights to self determination and to health as defined thanks to recent medical and scientific innovations. In this contribution, we shall address issues relating to individual liberty rights, examine a number of Italian and European judicial decisions concerning the right to life and self determination and consider the relationship between civil and criminal principles in matters of self determination in the light of constitutional principles deriving from the conclusion that the concept of individual from a legal perspective differs from the concept of individual from a biological perspective and that the biological boundary itself of any individual may be modified in several personal ways.

Part Three Protection and Solutions, VI Focusing on Specific Rights

2020 ◽  
Author(s):  
Albanese Francesca P ◽  
Takkenberg Lex
Keyword(s):  
International Law ◽  
Fundamental Rights ◽  
Self Determination ◽  
Humanitarian Law ◽  
Human Beings ◽  
Mena Region ◽  
Cultural Economic ◽  
Palestinian Refugees ◽  
The Right

This chapter focuses on a number of specific rights and entitlements of Palestinian refugees under international law, including the rights to self-determination, return, and compensation, as well as a number of civic, cultural, economic, political, and social rights, relevant because of the protracted nature of Palestinians’ exile and the main vulnerabilities to protection threats, as discussed in Part II. Despite being firmly established in international law, and being reaffirmed multiple times by the United Nations, both the right to self-determination of the Palestinian people, and the right to return and compensation of the refugees, remain unmet. This is largely because of the lack of a solution in accordance with international law. The chapter argues that recognizing other fundamental rights of the Palestinians as refugees, stateless persons, and/or protected persons under international humanitarian law, and above all, as human beings, does not undermine the right to return and rather helps ensure human dignity while a just and lasting solution remains pending. These rights remain an important benchmark for assessing the treatment of Palestinian refugees in the MENA region and beyond, for as long as the more fundamental rights to self-determination, return, restitution, and compensation remain unrealized.

scholarly journals 知情同意臨床實踐中倫理學技術研究

2002 ◽  
Vol 4 (2) ◽  
pp. 38-48
Author(s):  
Guobin CHENG
Keyword(s):  
Clinical Practice ◽  
Informed Consent ◽  
Logical Consequence ◽  
Field Research ◽  
Fundamental Rights ◽  
Self Determination ◽  
Cultural Traditions ◽  
Digital Commons ◽  
The Right ◽  
Theoretical Issues

LANGUAGE NOTE | Document text in Chinese; abstract also in English.具體實踐中的知情同意是一種倫理學技術，注重利用現有的文化傳統、理論資源和法律工具，合理有效地分析問題、解決問題，強調它作為體現對病人基本權利的尊重和調節醫患關係手段的作用。在民主社會，知情同意乃是建立醫患權責餘的必要條件。知情同意來自於醫療活動的自發秩序：醫患雙方通過知情同意活動，明確醫療活動中雙方的權利和責任界限，進行有成效的醫療實踐。知情同意既是對基本人權的尊重，又是確保雙方責任的工具。具體實踐中的知情同意，提供一種促進多種價值觀和平共存、通過學習和對話實現平衡的運行機制，在社會整體利益優先與個人最基本權利不可侵犯的框架下滿足雙方不同的價值需求。臨床“知情同意”活動的目的在於：促進患者自主權的行使；明晰醫療活動中的權責關係，在合法限度內為醫療活動的正常進行提供保護。實踐中追求資訊的“充分”取決於患方要求的“主觀的充分”。臨床醫療活動中，醫方要不斷提高患方知情的充分程度。隨著知情程度的增加，患方自主程度隨之自動上升。目前關於“知情向意”的理論研究中，缺少對知情同意的狀況、分佈及相關因素的實地調查和量化分析，研究多集中在道德、文化理論上，實踐策略的指導意義不強。應當把知情同意視作貫穿於整個臨床醫療活動的一個連續的整體。要關注本社區成員的文化和心理結構的特殊性，從本社區歷史特點出發，建立本社區知情同意情況的常規模式和量化標準。還應當設計臨床知情同意調查制度，作為醫方制定知情同意策略的依據，同時又可作為說明醫療活動發生的真實過程的法律檔。Informed consent is an ethical technique which emphasizes using the existing cultural traditions, theoretical resources and legal instruments to analyze and solve the problems reasonably and effectively. Informed consent can thus play a significant role in adjusting the relationship between patients and physicians. As an ethical technique, it focuses on the method of applying various ethical resources and not simply on the combination of the logical consequence and criteria. In a democratic society, informed consent is a necessary requirement for the right-duty relationship between patients and physicians. Informed consent is seen as a prerequisite obligation to physicians and implies certain rights for patients. Patients and physicians are bound by informed consent so that they are able to "trade" equally. Informed consent is not only a means to confirming the property rights but also a tool of reducing the costs of "trade". In practice, informed consent helps to promote and achieve the peaceful co-existence of pluralistic values. It can do so by learning and having conversations with the other sides so that different parties can satisfy under the framework which gives priority to the total interests of society and guarantees the fundamental rights of individuals.The aims of informed consent in clinical practice are to promote the self-determination of patients and to clarify rights and duties in medical activities. In practice, the sufficiency of information depends on the subjective sufficiency of patients. Physicians should ensure that the patient comprehend the information and follow the appropriate procedure to manage and supervise. The most active method for physician to take is to increase the degree of informational sufficiency. The degree of the patient's self-determination increases accordingly with the increase of informational sufficiency. Their relationship can be described by a curve like "S".The current studies on informed consent in China lack the empirical data from field research. Most studies focus on the theoretical issues of morality and culture. As a result, research results are hardly applicable in clinical practice. Informed consent should a holistic entity in clinical practice. We should pay more attention to the specificity of the cultural and psychological structure of members of every community. We should establish the ordinary model and criteria of informed consent in the particular community. We should also design an applicable and legally-bond system of informed consent to regulate clinical practice.DOWNLOAD HISTORY | This article has been downloaded 13 times in Digital Commons before migrating into this platform.

scholarly journals The Consequences of Acting Unlawfully

2014 ◽  
Vol 1 (10) ◽  
pp. 35
Author(s):  
Kris Gledhill
Keyword(s):  
Mental Health ◽  
Human Rights ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
Public Law ◽  
Fundamental Rights ◽  
Self Determination ◽  
Human Rights Law ◽  
Mental Health Act ◽  
Health Review

<p align="LEFT">The Mental Health Act 1983 provides for detention and also for treatment which would otherwise be an assault. As such, it allows for interference with the fundamental rights to liberty and to self-determination. Particularly as it does so in the context of a branch of medicine which is often highly subjective, it is hardly surprising that litigation is occasionally resorted to by those affected who wish to challenge the legality of what is occurring to them.</p><p align="LEFT">The framework for this litigation has developed, spurred on in particular by the growth of public law and human rights law. As a result, mental health professionals have to be familiar not just with the court-machinery which is central to the Mental Health Act 1983 (which provides for the Mental Health Review Tribunal to determine the legality of the ongoing detention of a patient, and refers the issue of the displacement of a nearest relative to the county court) but also with the courts which deal with questions of public law (in particular the Administrative Court) and the civil litigation courts.</p>

Loyalitätsobliegenheiten und Grundrechte

2021 ◽  
Author(s):  
Kai Morgenbrodt
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
Self Determination ◽  
Religious Communities ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Labour Standards ◽  
The Right ◽  
Fair Balance

This thesis analyses dismissals of church employees from a European perspective. Based on ECHR and EU law, the author develops an approach that balances the right of self-determination of religious communities with the fundamental rights of employees. At the heart of this approach sits the function of the employee in the employer’s religious sending. Against this background, the German Constitutional Court’s case law is challenged. It fails to strike a fair balance between the conflicting constitutional interests. Moreover, it structurally fosters discrimination, undercuts the minimum level of human rights protection and offers inadequate solutions for labour standards in religious communities in times of a religiously pluralised society.

End of Life Decisions and Pregnant Women: Do Pregnant Women Have the Right to Refuse Life Preserving Medical Treatment? A Comparative Study

2010 ◽  
Vol 17 (5) ◽  
pp. 485-505 ◽  
Author(s):  
Christophe Lemmens
Keyword(s):  
Pregnant Women ◽  
End Of Life ◽  
Case Law ◽  
Fundamental Rights ◽  
Self Determination ◽  
Bodily Integrity ◽  
End Of Life Decisions ◽  
The Subject ◽  
Life Decisions ◽  
The Right

AbstractIn this article the practice of end of life decisions is applied to pregnant women. This is not an easy task as shown by the extensive case law and literature on the subject. The main conclusion of the article is that the pregnant woman's wishes should always be respected whatever the consequences for the foetus may be. Another position would unjustly sacrifice the woman's fundamental rights to bodily integrity and self-determination for the benefit of a non-person. The result is repeated in the situation where the woman is found to be incompetent or brain dead.

scholarly journals Reflections about abortion limitation

2021 ◽  
Vol 26 (suppl 2) ◽  
pp. 3787-3790
Author(s):  
Andrea Cioffi ◽  
Fernanda Cioffi ◽  
Raffaella Rinaldi
Keyword(s):  
Human Life ◽  
Right To Health ◽  
Fundamental Rights ◽  
Self Determination ◽  
Legal Rights ◽  
American States ◽  
The Social ◽  
Definition Of ◽  
The Right ◽  
Clear Solution

Abstract The debate on abortion has not yet found a clear solution. In fact, there is still discussion about what the limits of this procedure should be. This uncertainty is related to the lack of a clear definition of human life: when can the product of conception be defined as a human being with full medical-legal rights? Based on the answer to this question, the various world governments have drafted more or less restrictive laws regulating abortion. Since May 2019, some American states have considerably restricted the possibility of carrying out abortion on their territory. Alabama has practically banned abortion in any circumstance (including incest and rape). Obviously, these restrictive policies have had a significant impact on the social, bioethical and legal debate, concerning abortion, globally. This paper analyses the implications of these policies with a focus on women’s fundamental rights: the right to health and the right to self-determination.

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