Living Wills in Italy: Ethical and Comparative Law Approaches

2015 ◽  
Vol 22 (1) ◽  
pp. 38-60 ◽  
Author(s):  
Denard Veshi ◽  
Gerald Neitzke
Keyword(s):  
Advance Directives ◽  
Comparative Law ◽  
Legal Aspects ◽  
Self Determination ◽  
Living Wills ◽  
Comparative Approach ◽  
Political Decision ◽  
Different Types ◽  
The Right ◽  
Italian Constitution

AbstractIn this article, advance directives will be analysed through ethical and comparative law approaches. Their importance, the two different types of advance directives and the so-called three steps hierarchy, will be discussed. Living wills will be treated in detail, considering the criticism they have attracted, as well as their known benefits. A thorough examination of the latest version of Arts. 3 and 4 of Italian Bill No. 2350, as approved by the Italian Senate in March 2009 and then amended by the Chamber of Deputies in July 2011, is included. This bill grants advance directives advisory force, limits their application in time and does not allow the validity of oral declarations. This political decision limits autonomy. Furthermore, there are doubts about the constitutionality of this bill, especially with respect to Arts. 2, 13 and 32 of the Italian Constitution, related to the right of self-determination. Further, this article will include a comparative approach of the legal aspects, with particular attention to the French and German models. To conclude, some ethical principles that the Italian legislator must take into consideration are indicated. In addition, some possible modifications of this Bill are suggested based on the experience of other European legislation.

scholarly journals Gender problems in newborns: social, medical and legal aspects

2019 ◽  
Vol 64 (3) ◽  
pp. 124-128
Author(s):  
G. N. Komkova ◽  
A. V. Basova
Keyword(s):  
Sexual Development ◽  
Developmental Disorders ◽  
Coming Of Age ◽  
Careful Analysis ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Self Determination ◽  
Constitutional Principle ◽  
The Right

Objective of the study. To analyze the modern literature on the legal regulation of the determination of the sex of newborns with disturbances of sexual development in Russia and abroad, as well as the right of these children for self-determination of their sex upon coming of age. Material and methods. The review is based on the domestic and foreign literature published overthe past 7 years, including in Pubmed. Results. There were revealed the modern problems of the legal regulation of determining the sex of newborns with developmental disorders in the territory of the Russian Federation. Conclusion. The right to the sex self-determination of  the children born with impaired sexual development upon coming of  age requires careful analysis by medical experts, as from a legal point of view it contributes to a more complete implementation of the constitutional principle of equality regardless of gender and ensures human rights in accordance with their perception and attitude.

L'autodeterminazione alle cure tra limiti di validitÀ e tutela risarcitoria

2012 ◽  
pp. 42-67
Author(s):  
Luigi Balestra ◽  
Riccardo Campione
Keyword(s):  
Advance Directives ◽  
The Self ◽  
Self Determination ◽  
Medical Treatments ◽  
Life Saving ◽  
The Right ◽  
The Relationship ◽  
Right Of Self Determination

The essay analyzes the development of the right of self-determination in medical treatments and the changes it has had on the relationship between doctor and patient. In this perspective, the paper aims, in particular, to verify the limits of the self-determination principle in cases of refusal of life-saving treatment and in the hypothesis of advance directives. It also analyzes the possibility of providing compensation for damages in case the right to self-determination is undermined.

scholarly journals Tiesības uz izglītību: izglītības skaidrojums tiesību aktos

2018 ◽  
Vol 2 (11) ◽  
pp. 27-36
Author(s):  
Rihards Ērdmanis
Keyword(s):  
Decision Making ◽  
Legal Aspects ◽  
Global Environment ◽  
Social Benefits ◽  
Political Decision ◽  
Right To Education ◽  
Depth Analysis ◽  
The Right ◽  
Law Student ◽  
Political Decision Making

Jaunais tiesībpētnieks Rihards Ērdmanis ir padziļināti analizējis problēmu, kas saistīta ar tiesībām uz izglītību, un izglītības skaidrojumu tiesību aktos. Nevar nepiekrist R. Ērdmaņa kungam, ka “izglītība ir labums, kas veicina arī citu sabiedrības labumu attīstību, piemēram, augstvērtīgu un pārdomātu politisko lēmumu pieņemšanu’’, kuru, iespējams, atsevišķos gadījumos mūsu globālajā vidē tomēr trūkst. The new law student Rihards Ērdmanis has conducted an in-depth analysis on the right to education and the legal aspects of the term education. It is hard to argue Mr. Ērdmanis’ claim that “education is the benefit which fosters the development of other social benefits; for example, high-value and sound political decision-making”, which we, in some cases, in our global environment probably lack.

Liberation and Resistance Movements

2019 ◽  
Author(s):  
Martin Wählisch
Keyword(s):  
International Law ◽  
Civil Disobedience ◽  
Armed Forces ◽  
Legal Aspects ◽  
African National Congress ◽  
Self Determination ◽  
Humanitarian Law ◽  
Palestine Liberation Organization ◽  
Liberation Movements ◽  
The Right

The phenomenon of resistance and liberation movements has occurred throughout history and remains current. Wars of independence and attempts of those range back centuries, including prominent examples such as the American Revolutionary War (1775–1783), the Irish War of Independence (1919–1921), the Kosovo War (1996–1999), the Second Sudanese Civil War (1983–2005), and many others. The struggle of the African National Congress (ANC) against the apartheid regime, the efforts of the Palestine Liberation Organization (PLO) to “liberate Palestine,” the demand of the Kurdistan Workers’ Party (PKK) for Kurdish autonomy, and the actions of the armed guerrillas of the Revolutionary Armed Forces of Colombia (FARC) are just some of the widely known cases of resistance and liberation movements. The Arab uprisings in late 2010 and 2011 that spread from Tunisia to Egypt, Yemen, Syria, and other countries in the region are recent examples of civil resistance. The definition of civil or national resistance, liberation, and separatist or independence movements is fluid. Scholars have suggested different classifications and terminology nomenclatures with the common emphasis on sociopolitical interests, namely freedom from oppression, enhanced political or cultural autonomy, or full-fledged independence. Theories on nationalist populism, public armed violence, ethnic identity, and collective mobilization are part of the topic’s thematic social science periphery. In public international law, the concept of resistance and liberation movements is explicitly mentioned in international humanitarian law with references in the Geneva Conventions and their Additional Protocols. Overall, international law provides the right to resistance and liberation based on the right of self-determination, but the scope and conditions are disputed apart from general parameters. A point of tension in relation to the right to self-determination results from the principles of state sovereignty and territorial integrity, which pose limitations for national liberation and resistance struggles. Differentiating civil disobedience from armed resistance, clarifying legal justifications for secessionist movements, unpacking the freedom fighter versus terrorism dichotomy, being aware of legal rules for counterinsurgencies, and the application of humanitarian law are other critical legal aspects to consider in this context.

scholarly journals Theoretical and Legal Aspects of Freedom of Labor

2019 ◽  
pp. 276-286
Author(s):  
Alla ANDRUSHKO
Keyword(s):  
Work Experience ◽  
Labor Law ◽  
Legal Aspects ◽  
Self Determination ◽  
Labor Rights ◽  
Subjective Factor ◽  
The Moment ◽  
The Individual ◽  
The Right ◽  
Voluntary Choice

The problem of freedom of labor in Labor Law is highlighted, which is due to the subjective creation of a choice among employment opportunities. It is argued that the highest social values in the state are freedom of work and the right to work, where the second concept is a complement to the first and provides for its realization. It is emphasized that freedom of labor is related to labor freedoms, but particular attention is paid to the fact that freedom of labor, which is a guarantee of labor rights of workers, is fundamental to labor freedoms as fundamental to labor freedoms. It is substantiated that the person has the right to choose, the right of free, conscious choice between employment and non-employment, any responsibility of an adult, able-bodied person who can work but does not want to do it is absent. Freedom of labor is understood as the ability of a person to make an independent and voluntary choice from the possibilities of realizing his work. The ability to make choices is an important prerequisite, willingness to self-determination in the professional field, taking into account training, skills, work experience, and more. The choice of a person as a component of freedom of labor is not an objective phenomenon and is not offered by the right, the choice is always a subjective factor, since it is the potential ability of a person to choose or create and to bear responsibility for it. It is justified that freedom of labor in labor law is the formation of a person in the sphere of work through himself, through his own actions, to a certain extent, this self-realization, encompassed by labor. The willful moment of freedom of labor indicates only why to obey — to create your own or to choose an existing one. Therefore, it is argued that freedom of labor exists only at the moment of choice; it makes the person free at that moment — when he or she chooses a particular job or his conditions; stop them. If there is no choice, then there is no freedom of work, since it exists only at the moment of choice. Freedom of work lies in being able to realize oneself, in forming a professional through the ability to make one's own choices on the path to self-realization. Freedom of labor is conceived through the willful potential of the individual to self-determination, by stimulating professional development and finding new facets of applying his or her abilities.

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.

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