scholarly journals Research and Human Rights – Surrogacy and Interference in Human Genome

2018 ◽  
pp. 38
Author(s):  
Kalomoira K. Sakellaraki

The development of biotechnology and life sciences has led to a clash between the endeavor for research and human dignity. Issues have been raised about biotechnological practices, not only for treatment but also for research. Genetic technology refers to the methods that make enable the interference in the structure of the genes that are found in the cell nucleus. The body of all this information is the individual's genome. By mapping the genome, it is now possible to diagnose hereditary diseases and abnormalities that humans might develop after their birth and during their lifetime. Such techniques and investigations lead not only to negative eugenics by the fetus' exclusion due to an abnormality, but to a positive one as well because perfect humans are chosen for implantation. Law, therefore, faces life as damage. Such cases have led to the enactment of a law which stipulates that life deserves/is worth per se, and the recognition of the individual's right not to be born with the value of individual is incompatible. On the contrary, it is argued that neither can the individual submit to a transcendent value of the human genus nor can the individual right to resort to Justice for a health problem that makes life difficult be annulled. Nevertheless, it appears that such a process leads to the hetero-definition of the human species and inevitably to the abasement of human dignity, since the principle of dissimilarity is abolished, and healthy patterns are created. Typical is the case of Recommendation 932 of the Council of Europe, which states that as a person has the right to life and human dignity, so one has the right to unchangeable hereditary features.

Author(s):  
Janilce Silva Praseres ◽  
Marcelo Ramos Saldanha

Abstract: human rights are a set of ethical values whose purpose is to protect and enable the realization of human dignity in its various dimensions and also prevent the reduction of the individual to the condition of object or, above all, the reduction of his condition as subject of rights, such as the right to life, freedom, security, equality. The universal character of human rights protection demonstrates some weaknesses, especially in the transposition into concrete legal systems, so what we propose is a brief analysis of human rights from Hannah Arendt.Uma Breve Análise Acerca dos Direitos Humanos a partir da Crítica de Hannah ArendtResumo: os direitos humanos são um conjunto de valores éticos que têm por finalidade proteger e possibilitar a realização da dignidade humana em suas várias dimensões e, ainda, impedir a redução do indivíduo à condição de objeto ou, sobretudo, a diminuição da sua condição na qualidade de sujeito de direitos, a exemplo o direito à vida, à liberdade, à segurança, à igualdade. O caráter universal de proteção aos direitos humanos demonstra algumas fragilidades, principalmente, na transposição para ordenamentos jurídicos concretos, assim, o que propomos é uma breve análise acerca dos direitos humanos a partir de Hannah Arendt.


2018 ◽  
Author(s):  
Анастасия Сергеевна Шабанова

The right to life is the highest value, is the basis of all other human rights and freedoms, but Russian legislation does not contain a definition of a person's life. In legal science, the right to life is interpreted as the right of the individual to freedom and personal integrity, health protection, reducing the problem to the abolition of the death penalty and euthanasia. The article deals with issues that are especially relevant in connection with the development of artificial methods of reproduction: from when does the right to life arise and whether the embryo has a legal value.


2021 ◽  
Vol 5 (S2) ◽  
pp. 831-847
Author(s):  
Nguyen Anh Quoc ◽  
Nguyen Minh Tri ◽  
Nguyen Trinh Nghieu ◽  
Pham Thi Dinh ◽  
Dinh Van Chien ◽  
...  

Liberty, and necessity are the premise for the perception of the relationship between man and nature. When objects exist in nature, individuals exist in people. Nature and man are a unity between the body and the individual in behavior. The successive act of liberty to fill the temporal gaps in the exercise of the right to life and the pursuit of happiness is the object of human science. Liberty is in itself, due to it, but depending on historical circumstances and conditions, liberty depends on different objects, knowledge, and needs of individuals, making behavior about necessity become liberty about responsibility. Individuals are acts of knowledge, with a will, and liberty is acts of intelligence and reason. When private ownership comes into being, liberty about the property becomes liberty about norms. Organizations become a means of subsistence that makes standards false. To submit to falsehoods in the course of living is a slave. The abolition of slaves is the subject of liberty. In the condition that there is no more antagonistic division of labor, diversity of occupations, an abundance of sexual orientation, and false standards are fully discovered, work and gender are equally noble and equal. 


2020 ◽  
Vol 11 (SPL1) ◽  
pp. 1477-1481
Author(s):  
Ishwari Gaikwad ◽  
Priyanka Shelotkar

The current world situation is both frightening and alarming due to the massive disruption caused by the Covid-19 pandemic. The next few days are censorious as we need to be very precautious in our daily regimen as well as dietary habits. Ayurveda offers knowledge about food based on certain reasoning. Indecent food custom is the chief cause for the rising development of health disorders in the current era. In classical texts of Ayurveda, the concept of diet explained well, ranging from their natural sources, properties and specific utility in pathological as well as physiological manner. In this work, the review of the relevant literature of Ahara (Diet) was carried out from Charak Samhita and other texts, newspapers, articles, web page related to the same.  Every human being is unique with respect to his Prakriti (Physical and mental temperament), Agni (Digestive capacity), Koshtha  (Nature of bowel) etc. For that reason, the specificity of the individual should be kept in mind. Ahara, when consumed in the appropriate amount at the right moment following all Niyamas (Guidelines) given in Ayurveda texts, gives immunity and keeps the body in a healthy state during pandemics such as Covid-19. Ultimately, this will help the human body to maintain its strength for life. This article reviews the concept of diet viz. combination of foods, their quantity and quality, methods of preparation and processing, which are to be followed during pandemics and are essential in maintenance and endorsement of health and preclusion of diseases.


2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg

Abstract Can one speak philosophically of a justified limitation of freedom? Hegel’s logically founded definition of free will and his understanding of right and duty can contribute to a clarification of the concept of freedom. Important is a precise differentiation between freedom and caprice (Willkür) – the latter being a necessary but one-sided element of the free will. In caprice, the will is not yet in the form of reason. Rational rights and duties are not a restriction of freedom. Insofar as individual rights can collide (e. g. in emergency situations), there can be a temporary and proportionate restriction of certain rights in favour of higher rights, such as the right to life. Dictatorships are instances of capricious rule which restrict freedom; the rationally designed state, by contrast, restricts only caprice. What is tobe defined are the duties and the rights of the state and the duties and the rights of the citizens.


2020 ◽  
Vol 10 (2) ◽  
Author(s):  
Ahmad Saad Ahmad Al-Dafrawi

Islam recommends its followers to protect the body, to enjoy full health and also prohibits them from endangering their own soul (an-Nafs) which is within their body. This study attempts to present the perspective of Islamic Shari‘ah regarding performance enhancing drugs (PEDs) used in sports. This is achieved by showing that using prohibited substances and methods constitutes fraud. Moreover, it also has a detrimental effect on the right to life and the right of bodily integrity. The Problem: The problem states that some sports practitioners accept the idea of taking banned items and consider it to be inevitable in line with the sweeping trend of globalization. However, it is a fact that such behaviour contradicts Islamic ethics and rules which forbid cheating. Methodology: This study employed descriptive, analytical, and inferential methods as these methods suit the objectives and hypotheses of the study. Authenticity and Value: The originality and value of this study appears in its ethical presentation and treatment of the phenomenon which has been stripped of any moral determinant. Findings: The most important finding of this study is that cheating in sports, particularly doping in sports, is a serious problem that needs a radical solution. Furthermore, any respected athlete (male or female) who is taking PEDs should abstain from taking such drugs because it is considered as cheating that harms the body and endangers life. Accordingly, a person who takes prohibited and banned drugs contravenes both the Islamic Shari‘ah and the secular law. Moreover, that person deserves punishment suggested by both of these codes of law.  


1963 ◽  
Vol 57 (4) ◽  
pp. 841-854 ◽  
Author(s):  
Carl J. Friedrich

When President Roosevelt proclaimed the “Four Freedoms” in 1941, he accepted a new conception of human rights far removed from the natural rights of the seventeenth and eighteenth centuries. The conception of rights which inspired the British Bill of Rights (1689), the Declaration of Independence (1776) and the Declaration of the Rights of Man and Citizen (1789) is grounded in simple natural law notions. Man was believed to have a fixed and unalterable nature, to be endowed with reason, which gave him certain rights without which he ceased to be a human being. These natural rights, summed up in the Lockean formula of “life, liberty and property” (later broadened to include the pursuit of happiness), were largely concerned with protecting the individual person against governmental power. Each man was seen as entitled to a personal sphere of autonomy, more especially of religious conviction and property; the inner and the outer man in his basic self-realization and self-fulfillment. These rights depended in turn upon the still more crucial right to life-that is to say, to the self itself in terms of physical survival and protection against bodily harm. This right to life was recognized even by absolutists, like Thomas Hobbes. It was believed immutable, inalienable, inviolable. Locke exclaimed at one point that these rights no one had the power to part with, and hence no government could ever acquire the right to violate them.


PEDIATRICS ◽  
1978 ◽  
Vol 62 (1) ◽  
pp. 7-7
Author(s):  
Christopher Jenks

Opponents of abortion sometimes argue that a fetus "wants" to grow up into a real person. But every egg and sperm also "want" to become a person in this sense. And if that is the case, how can one defend either contraception or celibacy, both of which deny life to millions of eggs and sperms that "want" to become people, and both of which also involve repression of "natural" impulses? The question of whether abortion is morally wrong depends on when we become "human." Unfortunately, this does not happen all at once, as in medieval fantasies of the soul's entering the body. It happens bit by bit. We must therefore make some arbitrary decision about when to confer the "right to life." Because nature offers no clear guidance about where this line should be drawn, the most humane solution is to draw it so as to minimize human suffering. I doubt, however, that opponents of abortion will accept this approach, for once you accept it, you will almost inevitably be led to precisely the same "liberal" conclusion the Supreme Court reached five years ago in Roe v. Wade.


Author(s):  
Nizar Smitha

This chapter examines Article 10 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which affirms every human being’s right to life. It first explores the efforts made by the drafters of the CRPD to frame the right to life of all human beings. It further examines the wider meaning of the right to life and its application, and traces the interpretation given by the CRPD Committee in its concluding observations. In order to understand the micro-level application of the right, the chapter examines the interpretation and its application by domestic and regional courts. Finally, it explores the individual complaints made under the optional protocol and the consequent interpretation provided. This is done to define the jurisprudence surrounding the right to life and the required measures to strengthen and facilitate its wider application as envisaged under the Convention.


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