Böckenförde on the Right to Life, Human Dignity, and its Meta-positive Foundations

Author(s):  
Mirjam Künkler ◽  
Tine Stein

Part IV contains three articles that reflect Böckenförde’s stance on the right to life, human dignity, and the meta-positive foundations of constitutional law. Over a period of four decades, he repeatedly dealt with the issues of protecting the unborn child on the one hand and women’s right to self-determination on the other. He did so in the context of both abortion law and bioethics against the backdrop of new medical-technological developments, such as pre-implantation genetic diagnosis. As in the articles contained in ...

Author(s):  
Lyudmyla Tarnashynska

Everyday life – regardless of its geographical status – has different dimensions: on the one hand, it is a routine, and on the other hand, it is an attempt to escape from it, to create at least some holiday. In the context of current everyday life, it makes sense to look at its other side: everyday life as stress, affectation of consciousness, etc. It is interesting to observe how the aesthetics of the shock, brought to Ukrainian literature, in particular, by the realities of the 1990s, is modified and filled with new meanings literally before our eyes, and how modern times deform human consciousness, herewith changing the «curve» of surrealism. This is about a phenomenon of the global world – a pandemic as a new experience that has actualized the issue of coexistence and co-responsibility. Experience, preventively studied through fiction and cinema (if «The Plague» by Albert Camus is about the past, then the «The Eyes of Darkness» dystopia by Dean Koontz is about the lethal microorganism «Wuhan 400» in the 1989 edition, which was called «Gorki-400» in the original 1981 version and is a warning fromthe past), now needs a new understanding. After A. Camus’s «The Plague,» one can also appeal to books on the same pandemic theme that have not yet been translated into Ukrainian: for example, Karel Čapek’s play «The White Plague» (1937), «The Steel Spring» by Swedish writer Per Wahlöö (1968), as well as «Blind Faith» dystopia by Ben Elton (2007), where the action takes place in the near future against the background of constant epidemics, and the research focuses on the current topic of vaccination. As a sensitive tool, literature received the reinterpreted theme of ageism for artistic reflection (one can find striking consonance, say, in Japanese literature, in particular in «The Ballad of Narayama» novel by Shichirō Fukazawa), as well as the theme of discrimination on other grounds and social inequality; the theme of a person endowed with power/opportunities and his/her choice to give or not to give the right to life to another; the topic of the area of personal/collective responsibility, boundaries of openness/closedness of societies, as well as the topic of the limit of pragmatism/rationalism, the limits/depth of cynicism. That is, it is about actualizing the presumption of the right to life, the preservation of humanity, which problematizes the other/different content of old, eternal plots of Ukrainian and world literature.


2016 ◽  
Vol 61 (4) ◽  
Author(s):  
Carlo Casini

Il contributo è dato dall’esame e dal commento della Relazione del Ministro della Salute sull’attuazione della Legge 40 del 19 febbraio 2004 “Norme in materia di procreazione medicalmente assistita”, presentata, al Parlamento ai sensi dell’art. 15, comma 2 della legge stessa. Il Movimento per la Vita Italiano (MpVI) per valutare i dati di volta in volta riportati nei documenti ministeriali ha finora presentato quattro Rapporti al Parlamento: il primo nel 2007, il secondo nell'aprile 2009, il terzo a luglio 2011 e il quarto – oggetto del presente articolo – nell’agosto 2012. L’attenzione della Relazione ministeriale è rivolta soprattutto alla realizzazione del desiderio degli adulti di avere un figlio, in base allo scopo dichiarato dalla legge di “favorire la soluzione dei problemi riproduttivi derivanti dalla sterilità o dalla infertilità umana”. Perciò la descrizione del percorso seguito dalle varie tecniche e gli incroci tra i vari dati a disposizione fanno riferimento prevalente alla coppia adulta. Tuttavia, si sottolinea nella Rapporto del “MpVI” non si deve sottovalutare l’art. 1 della legge indica l’altro fondamentale obiettivo della legge e cioè quello di: “assicurare i diritti di tutti i soggetti coinvolti compreso il concepito”. I soggetti di cui è doveroso tener conto non sono solo gli adulti desiderosi di avere un figlio, ma anche i figli fin dal primo momento della loro esistenza (proprio l’evento che le nuove tecniche intendono determinare), cioè fin dal momento del concepimento. L’articolato, documentato e ricco Rapporto del MpVI richiama sinteticamente l’impianto della normativa – seriamente alterato dalla sentenza costituzionale 151/2009 – e gli interventi giudiziari che lo riguardano; rimarca con forza la grande differenza – in ordine alla protezione del diritto alla vita – tra la morte dell’embrione dopo il trasferimento nelle vie genitali della donna e la sua soppressione deliberata, diretta, concordata, che avviene quando l’embrione, non trasferito nelle vie genitali della donna viene selezionato, reso oggetto di sperimentazione, distrutto, congelato; contesta la teoria del c.d. “diritto affievolito” con riferimento al diritto alla vita del concepito; si sofferma sulla necessità di rimuovere le cause impeditive della procreazione alternative alla procreazione artificiale (a questo proposito viene segnalata la significativa esperienza dell’Istituto Scientifico Internazionale Paolo VI di ricerca sulla fertilità e infertilità umana operante presso il Policlinico “A. Gemelli” di Roma dal 2003). Infine, il rapporto si conclude con alcune domande e proposte di lavoro rivolte al Ministro della Salute. Non vi è dubbio, comunque, che quella dello statuto giuridico dell’embrione umano non deve essere emarginata nella relazione annuale del Ministro: “se nell’attuazione della L. 40/04 vogliamo raggiungere un adeguato bilanciamento tra l’obiettivo di superare la sterilità e l’infertilità da un lato e il rispetto della vita dall’altro, occorre assolutamente valorizzare il principio dell’art. 1 che qualifica soggetto titolare di diritti il concepito, al pari degli altri soggetti coinvolti nella vicenda procreativa”. ---------- This article is the review and comment of the Report of the Italian Minister of Health on the implementation of Law 40, February 19, 2004 on medically assisted procreation, submitted to the Parliament under article 15 paragraph 2. The Italian Pro-Life Movement (MpVI) to evaluate the data from time to time within ministerial documents has up to now submitted four reports to Parliament: the first in 2007, the second in 2009, the third in July 2011 and the fourth – subject of this article – in August 2012. The Ministerial Report focuses mainly on the realization of the desire of adults to have a child, according to the stated purpose of the law of “helping to resolve problems arising from human sterility or infertility”. Therefore the description of the path followed by various techniques and the connections between the various available data refer mainly to the adult couple. However, it is observed in the Report of the (MpVI), we shouldn’t neglect the article 1 of the Law indicating another key objective of the same Law which is: “to ensure the rights of all subjects involved including the human embryo”. So, the subjects we must take into account are not only the adults longing to have a child, but also the children from the first moment of their existence (just the event that the new techniques intend to be determined), that is, from the moment of conception. The articulated, documented and rich Report MpVI recalls briefly the system of Law – seriously altered by constitutional judgment 151/2009 – and the judicial interventions concerning it; it strongly emphasizes the great difference – as for the protection of the right to life of human embryo – between the death of the embryo after transfer into the genital tracts of women and his deliberate killing, direct, agreed that occurs when the embryo is not transferred to the genital tract of women is selected, but he is destroyed, made the object of experimentation, frozen, selected; it desputes the theory of the so-called “Weakened Law” dealing with the right to life of the unborn child; it focuses on the need to remove the causes hindering human procreation alternative to artificial procreation (in this regard is reported significant experience of the International Scientific Institute Paul VI on research on fertility and infertility human, working at the Policlinico Gemelli in Rome since 2003). Finally, the Report of MpVI concludes with some questions and work proposals addressed to the Minister of Health. There is no doubt, however, that the legal status of the human embryo should not be neglected in the annual Report of the Minister: “if about the implementation of the L. 40/2004 we want to achieve an appropriate balance between the objective of overcoming infertility and infertility on the one hand and respect for life on the other, it is essential to enhance the principle of article 1 that qualifies human embryo subject holder of human rights, like the other subjects involved in the medically assisted procreation”.


2011 ◽  
Vol 18 (4) ◽  
pp. 375-395 ◽  
Author(s):  
Brenda Daly

AbstractIn Ireland, Article 40.3.3° of Bunreacht na hÉireann (the Irish Constitution) guarantees the right to life of the unborn child and the equal right to life of the mother. Abortion in Ireland is permissible only where there is a real and substantial risk to the mother’s own life. Since Ireland became a signatory to the European Convention on Human Rights in 1950,2 there have been concerns that it could result in Ireland being compelled to introduce a right to abortion.3 This article commences with a review of the extant law on abortion in Ireland, tracing the Constitutional protection afforded to the unborn child. The article will discuss the impact of the European Court of Human Rights’4 jurisprudence in regard to access to abortion and to information on abortion services in Ireland in an effort to ascertain if it really has resulted in a radical change to Irish abortion laws. As such, it will also be necessary to examine the more recent decisions of the ECtHR such as Tysiac v. Poland,5 and A, B, and C v. Ireland,6 to determine both the approach of the ECtHR to access to abortion in general and also to consider if it has resulted in a liberalisation of abortion law in Ireland.


2017 ◽  
Vol 2 (2) ◽  
Author(s):  
Marine Vekua

The main goal of this research is to determine whether the journalism education of the leading media schools inGeorgia is adequate to modern media market’s demands and challenges. The right answer to this main questionwas found after analyzing Georgian media market’s demands, on the one hand, and, on the other hand, differentaspects of journalism education in Georgia: the historical background, development trends, evaluation ofeducational programs and curricula designs, reflection of international standards in teaching methods, studyingand working conditions.


Public Voices ◽  
2016 ◽  
Vol 12 (2) ◽  
pp. 7
Author(s):  
Sophie Till

Three years ago Sophie Till started working with pianist Edna Golandsky, the leading exponent of the Taubman Piano Technique, an internationally acclaimed approach that is well known to pianists, on the one hand, for allowing pianists to attain a phenomenal level of virtuosity and on the other, for solving very serious piano-related injuries. Till, a violinist, quickly realized that here was a unique technical approach that could not only identify and itemize the minute movements that underlie a virtuoso technique but could show how these movements interact and go into music making at the highest level. Furthermore, through the work of the Golandsky Institute, she saw a pedagogical approach that had been developed to a remarkable depth and level of clarity. It was an approach that had the power to communicate in a way she had never seen before, despite her own first class violin training from the earliest age. While the geography and “look” on the violin are different from the piano, the laws governing coordinate motion specifically in playing the instrument are the same for pianists and violinists. As a result of Till’s work translating the technique for violin, a new pedagogical approach for violinists of all ages is emerging; the Taubman/Golandsky Approach to the Violin. In reflecting on these new developments, Edna Golandsky wrote, “I have been working with the Taubman Approach for more than 30 years and have worked regularly with other instrumentalists. However, Sophie Till was the first violinist who asked me to teach her with the same depth that I do with pianists. With her conceptual and intellectual agility as well as complete dedication to helping others, she has been the perfect partner to translate this body of knowledge for violinists. Through this collaboration, Sophie is helping develop a new ‘language’ for violinist that will prevent future problems, solve present ones and start beginners on the right road to becoming the best they can be. The implications of this new work for violinists are enormous.”


2021 ◽  
Vol 1 ◽  
pp. 2007-2016
Author(s):  
Yoram Reich ◽  
Eswaran Subrahmanian

AbstractDesign research as a field has been studied from diverse perspectives starting from product inception to their disposal. The product of these studies includes knowledge, tools, methods, processes, frameworks, approaches, and theories. The contexts of these studies are innumerable. The unit of these studies varies from individuals to organizations, using a variety of theoretical tools and methods that have fragmented the field, making it difficult to understand the map of this corpus of knowledge across this diversity.In this paper, we propose a model-based approach that on the one hand, does not delve into the details of the design object itself, but on the other hand, unifies the description of design problem at another abstraction level. The use of this abstract framework allows for describing and comparing underlying models of published design studies using the same language to place them in the right context in which design takes place and to enable to inter-relate them, to understand the wholes and the parts of design studies.Patterns of successful studies could be generated and used by researchers to improve the design of new studies, understand the outcome of existing studies, and plan follow-up studies.


Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.


2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."


2019 ◽  
Vol 11 (7) ◽  
pp. 2138 ◽  
Author(s):  
Dalia Perkumienė ◽  
Rasa Pranskūnienė

Debates on overtourism, as a challenging phenomenon, are becoming more and more active. The purpose of this integrative review paper is to discuss the right to travel and residents’ rights in the context of overtourism and sustainable tourism, analyzing different scientific and legal sources. The integrative review analysis shows that overtourism and sustainable tourism are important contexts influencing the changing meaning of the right to travel and the right to live. On the one hand, the overtourism context makes the voices of residents more important to be heard, while on the other hand the sustainable tourism context influences the discussion of the right to travel, asking tourist voices to be considered more important. The results of this integrative review also shows the importance of rethinking the concept of sustainability in tourism as a holistic principle of democracy and as a degrowth movement, and opens the broader discussion for future tourism research development. The problem of overtourism could be solved by striving to develop sustainable tourism goals, thus balancing equality between the right to travel and residents’ rights. The presented integrative review paper is a preliminary work; further research is needed in order to find possible concrete solutions for overtourism.


2009 ◽  
Vol 16 (1) ◽  
pp. 67-83 ◽  
Author(s):  
Margaret Beukes

When the idea of heritage conservation arises, one specific facet of the ensuing reflection is bound to emerge at some stage: the (inevitable) tension between property rights, on the one hand, and the right to culture (of which heritage conservation is an aspect), on the other. This tension intensifies when the cultural material to be conserved concerns a traditionally sensitive issue—that of the burial places of the ancestors of people designated in the South African context as previously disadvantaged.


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