scholarly journals O Direito Fundamental à Liberdade Religiosa de Crianças e Adolescentes / The Fundamenal Right to Religious Freedom for children and Adolescents

2019 ◽  
Vol 47 (1) ◽  
pp. 187-224
Author(s):  
Alan Felipe Provin ◽  
Audrey Pongan Borteze
Keyword(s):  
Children And Adolescents ◽  
Religious Freedom ◽  
Fundamental Rights ◽  
The Other ◽  
Constitutional Rights ◽  
Right To Life ◽  
Federal Constitution ◽  
The Subject ◽  
The Right

O presente artigo objetiva a análise do direito à liberdade religiosa de crianças e adolescentes, tendo em vista que este é consagrado com um dos direitos fundamentais previstos na Constituição Federal de 1988. A pesquisa possui como problemática o questionamento acerca da possibilidade de atribuir o fundamento da liberdade de convicção religiosa às crianças e adolescentes, ainda que em conflito com o direito à vida, considerando a incapacidade civil dos menores. Ademais, analisa também os direitos constitucionais e princípios aplicados aos menores à luz da doutrina da proteção integral, bem como expõe o conflito entre direitos fundamentais e aborda as posições dos Tribunais quanto ao tema. Em termo de metodologia, utilizou-se a pesquisa qualitativa, indutiva e bibliográfica. Ao final dos estudos, concluiu-se que, em que pese o direito à vida e a liberdade religiosa serem direitos fundamentais, com hierarquia idêntica, há casos em que é permitida a relativização de um direito em prol do outro, devendo ser analisado cada caso em concreto.   Abstract: This article aims to analyze the right to religious freedom of children and adolescents, given that this is enshrined as one of the fundamental rights provided in the Federal Constitution of 1988. The research has as problematic the possibility of attributing the foundation of religious´ freedom to the children and adolescents, although in conflict with the right to life, considering the civil incapacity of the minors. In addition, it also analyzes the constitutional rights and principles applied to minors in the light of the doctrine of integral protection, as well as exposes the conflict between fundamental rights and addresses the positions of the Courts on the subject. In terms of methodology, we used the qualitative, inductive and bibliographic research. At the end of the studies, it was concluded that, in spite of the fact that the right to life and religious freedom are fundamental rights, with a similar hierarchy, there are cases where the relativization of one right is allowed for the other, and each case must be analyzed in particular.

scholarly journals Bioethics and Biolaw in the Vaccine against COVID 19 in Brazil

2021 ◽  
Vol 4 (3) ◽  
Author(s):  
Eliana Aló Silveira
Keyword(s):  
Legal System ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Human Being ◽  
Right To Life ◽  
Federal Constitution ◽  
Democratic State ◽  
Ethical Content ◽  
The Face ◽  
The Right

The pandemic that was caused by COVID 19 made the world rethink ethical principles, morals, and justice, but always side by side with science. Never has bioethics been thought of so much, as a science that aims to provide the ethical content so that the human being is treated with dignity in the face of scientific techniques that concern life. Bio law as a branch of legal science reveals itself as an indispensable branch to the legal system, to regulate and reconcile biotechnological advances with the principle of human dignity, founded on democracy and the defense of fundamental rights. In the international sphere, the right to life is foreseen in art. 4 of the 1969 American Convention on Human Rights, a document that was ratified by Brazil and comes from the regional system. In the Brazilian legal system, the provision is in article 1, clause III, of the Federal Constitution of 1988, which established human dignity as the foundation of the Democratic State of Law, also regulating, in article 5, the right to life. Starting from these guidelines that the human being should not be considered a "thing", or an instrument, the thought, even if philosophical, can lead to important conclusions in the field of scientific experimentation, especially with what has been happening in relation to the vaccines for COVID-19, that even if approved by a committee and following international protocols, one cannot guarantee with them the absolute protection of human dignity, principles of bioethics and fundamental human values. And, because of these discussions, the courts are urged to manifest themselves about the refusals of workers to be vaccinated.

scholarly journals The right to life in the system of constitutional rights and freedoms of individual and citizen

2021 ◽  
Vol 2021 (1) ◽  
pp. 37-41
Author(s):  
Oleg Amel'chakov
Keyword(s):  
Civil Rights ◽  
The Other ◽  
Constitutional Rights ◽  
Right To Life ◽  
Human Right ◽  
The Difference ◽  
Constitutional Right ◽  
Set Up ◽  
Definition Of ◽  
The Right

The right to life is traditionally recognized as a natural and inalienable right of any person and citizen. It is intrinsically connected with realization of other rights and liberties. The aim of the article is to clarify the concept and the essential nature of the constitutional right to life, to define its place in the system of fundamental human and civil rights and liberties. The article analyses constitutional rights, reveals the difference from the other human and civil rights and liberties and analysis other approaches of constitutional rights theoretic to the definition of the notion «right to life» as a constitutional right. The research gives the monitoring of the main statutory documents that defines the legal «understructure» of fixation and content of the notion «right to life» and the review of the foreign constitutional statutory documents that are devoted to the different aspects of law. Based on the results of the research a conclusion was made that the right to life takes a special place in the system of the constitutional rights and freedoms. The right to life is the inherent human right and this is admitted on the international level. Being fundamental in nature, it is based on the constitutional norms and principles, which set up uniformity of appliance and mechanisms for ensuring and protecting the right to life.

Lachiri v Belgium and Bans on Wearing Islamic Dress in the Courtroom: An Emerging Trend

2019 ◽  
Vol 21 (1) ◽  
pp. 48-53
Author(s):  
Kaushik Paul
Keyword(s):  
Human Rights ◽  
Religious Freedom ◽  
Public Spaces ◽  
Religious Liberty ◽  
Recent Case ◽  
European Convention ◽  
European Court ◽  
The Subject ◽  
The Right ◽  
Islamic Dress

In recent years, the wearing of Islamic dress in public spaces and elsewhere has generated widespread controversy all over Europe. The wearing of the hijab and other Islamic veils has been the subject of adjudication before the European Court of Human Rights (ECtHR) on many occasions. The most recent case before the ECtHR as to the prohibition on wearing the hijab is Lachiri v Belgium. In this case, the ECtHR held that a prohibition on wearing the hijab in the courtroom constitutes an infringement of Article 9 of the European Convention on Human Rights (ECHR), which guarantees the right to freedom of religion or belief. From the perspective of religious freedom, the ruling of the Strasbourg Court in Lachiri is very significant for many reasons. The purpose of this comment is critically to analyse the ECtHR's decision in Lachiri from the standpoint of religious liberty.

Fundamental Rights in the Indian Constitution: Could it include ‘Right to Sanitation’?

2016 ◽  
Vol 5 (6) ◽  
pp. 291-296
Author(s):  
Anil Kumar Mohapatra
Keyword(s):  
Fundamental Rights ◽  
Safe Drinking Water ◽  
Right To Life ◽  
Personal Liberty ◽  
Sanitation Facility ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
The World ◽  
The Government ◽  
The Right

Long before India gained independence, M.K. Gandhi remarked that the availability of Sanitation facility is more important than gaining Independence for an Indian. Of late, it is now increasingly felt and realized in India that facilities like toilet, safe drinking water, accompanied by good hygienic conditions are fundamental necessities of a person. These are prerequisites of social and economic justice and genuine development. The Supreme Court of India in one judgement held that Right to life and personal liberty, should include right to privacy and human dignity etc. Despite that it has been an admitted shame that India still has the largest number of people defecating in open in the world. There are reported incidences of rape and murder of women in many places in India as women rely on open field for attending to the call of nature in morning and evening. The attempts like Community toi-let system, pay-and-use toilet system and schemes like ‘Mo Swabhiman -Mo Paikhana’ have been found to be less effective. In this connection the ‘Clean India Mission’ campaign launched by the Government of India in 2014 has been regarded as a right approach in that direction. Government of the day is actively considering the demand to convert the Right to Sanitation from a developmental right to a fundamental right. It would make the state more accountable and responsible. Against this background, the paper argues that spending huge money on that would yield good dividend in future for the country.

Professional secrecy and legal professional privilege

2018 ◽  
Vol 25 (2) ◽  
pp. 188-207 ◽  
Author(s):  
Jorg Sladič
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Family Life ◽  
Common Law ◽  
Civil Law ◽  
Fundamental Rights ◽  
The Other ◽  
European Convention ◽  
Legal Professional ◽  
The Right

Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The reason for protecting the lawyer via fundamental rights is the protection of fundamental rights of the lawyer’s clients. All legal orders apply legal privileges and professional secrecy; however, the contents of such are not identical. Traditionally there is an important difference between common and civil law. The professional secrecy of an attorney in civil law jurisdictions is his right and at the same time his obligation based on his membership of the Bar (that is his legal profession). In common law legal privilege comprises the contents of documents issued by an attorney to the client. Professional secrecy of attorneys in civil law jurisdictions applies solely to independent lawyers; in-house lawyers are usually not allowed to benefit from rules on professional secrecy (exceptions in the Netherlands and Belgium). On the other hand, common law jurisdictions apply legal professional privilege, recognized also to in-house lawyers. Slovenian law follows the traditional civil law concept of professional secrecy and sets a limited privilege to in-house lawyers. The article then discusses Slovenian law of civil procedure and compares the position of professional secrecy in lawsuits before State’s courts and in arbitration.

scholarly journals The role of the constitutional complaint in the legislative process: Comparative legal aspect

2021 ◽  
Vol 39 (69) ◽  
pp. 833-850
Author(s):  
Nataliia I. Brovko ◽  
Liudmyla P. Medvid ◽  
Ihor Y. Mahnovskyi ◽  
Vusal A. Ahmadov ◽  
Maksym I. Leonenko
Keyword(s):  
Quality Assurance ◽  
State Government ◽  
Legal Aspect ◽  
Legislative Process ◽  
Constitutional Rights ◽  
State Legislation ◽  
The Subject ◽  
The Right ◽  
Heads Of State

The article deals with the role of constitutional complaint in the system of quality assurance of the state legislation, for protection of the rights and freedoms. Constitutional complaints, as well as their optimal models, require detailed research. Comparative analysis and survey are the main methods. The subject of a constitutional complaint in the model proposed by the authors may be laws or their individual provisions, regulations of heads of state, government, other statutes and regulations, individual administrative acts, judgements in specific cases. Citizens, foreigners, stateless persons, and legal entities are subjects who have the right to file a constitutional complaint. The authors attribute the following conditions of admissibility of a constitutional complaint: the presence and proof of violation of his/its constitutional rights and freedoms, the use of all other remedies to protect violated rights and freedoms, compliance with deadlines for filing a constitutional complaint in some countries, and payment of state duty. The model proposed by the authors is, however, universal, and further needs to be detailed for countries of interest.

scholarly journals Reasonable time frame in bankruptcy proceedings: Analysis of cases from the judicial practice of the Commercial Court in Niš

2021 ◽  
Vol 60 (90) ◽  
pp. 97-118
Author(s):  
Aleksandar Mojašević ◽  
Aleksandar Jovanović
Keyword(s):  
Case Law ◽  
Time Frame ◽  
Fair Trial ◽  
Fundamental Rights ◽  
Reasonable Time ◽  
Judicial Practice ◽  
Reasonable Time Frame ◽  
The Subject ◽  
The Republic ◽  
The Right

The Act on the Protection of the Right to a Trial within a Reasonable Time, which took effect in 2016, has created the conditions in our legal system for the protection of the right to a trial within a reasonable time, as one of the fundamental rights guaranteed by the Constitution of the Republic of Serbia and related international documents. Although the legislator does not explicitly provide for the application of this Act in the context of bankruptcy proceedings, it has been used in judicial practice as a mean for the bankruptcy creditors to obtain just satisfaction in cases involving lengthy bankruptcy proceedings and a violation of the right to a fair trial within a reasonable time. The subject matter of analysis in this paper is the right to a trial within a reasonable time in bankruptcy cases. For that purpose, the authors examine the case law of the Commercial Court in Niš in the period from the beginning of 2016 to the end of 2019, particularly focusing on the bankruptcy cases in which complaints (objections) were filed for the protection of the right to a fair trial within a reasonable time. The aim of the research is to examine whether the objection, as an initial act, is a suitable instrument for increasing the efficiency of the bankruptcy proceeding, or whether it only serves to satisfy the interests of creditors. The authors have also examined whether this remedy affects the overall costs and duration of the bankruptcy proceeding. The main finding is that there is an increasing number of objections in the Commercial Court in Niš, which still does not affect the length and costs of bankruptcy. This trend is not only the result of inactivity of the court and the complexity of certain cases but also of numerous external factors, the most prominent of which is the work of some state bodies.

scholarly journals PROBLEMS OF PROTECTION AGAINST CORRUPTION IN THE HEALTHCARE SYSTEM

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 65-70
Author(s):  
E. V. Shirmanov ◽  
Keyword(s):  
Health Sector ◽  
Legal Protection ◽  
Criminal Code ◽  
Right To Health ◽  
Constitutional Rights ◽  
Quality Of Medical Care ◽  
The Subject ◽  
The Right ◽  
Normal Relationship

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

scholarly journals Acting on Behalf of Another Without Consent as a Source of the Right of Obligations in the Republic of Kosovo

2021 ◽  
Vol 10 (6) ◽  
pp. 295
Author(s):  
Sevdai Morina ◽  
Endri Papajorgji
Keyword(s):  
The Other ◽  
Legal Obligation ◽  
Legal Action ◽  
Property Value ◽  
Bodily Integrity ◽  
Mutual Help ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Social Wealth

In life, it often happens that humans take different actions on different occasions to save man or his wealth. These actions can be taken when there is a need to protect the integrity of man and his wealth, both individual and social wealth. Man performs these actions morally and without any institutional obligation. Man does the action without consent in order to save one's life or another's wealth. There is a need for such an action, because everyone sometimes in certain cases needs mutual help. With these behaviors of people, it is seen that they do not take these actions out of legal obligation, but act and should act with the consciousness and conscience of the civilized man. People who do this are driven by the need for cooperation, humanity, existence at the expense of the other, namely society. A person performs this action by perpetrating the work of another without consent for any other person. Hence, they undertake some factual and legal action for the other, sacrificing something that can be the property value and their bodily integrity. Sometimes this action must be taken because there are actions that cannot be postponed, therefore someone should take an action in such situations even when uninvited. Consequently, the subject matter analyzed in this paper is the act of perpetration of the work of another without consent as a source of the right of obligations in the Republic of Kosovo.   Received: 6 October 2021 / Accepted: 1 November 2021 / Published: 5 November 2021

scholarly journals The Nexus between Fundamental Rights and Necessities of Life: A Case Study of Pakistan

2021 ◽  
Vol VI (I) ◽  
pp. 9-16
Author(s):  
Naseem Razi ◽  
Rashida Zahoor ◽  
Ghulam Abbas
Keyword(s):  
Fundamental Rights ◽  
Clean Water ◽  
Constitutional Rights ◽  
The People ◽  
The Right

The Constitution of Pakistan 1973 protects its citizens by guaranteeing some fundamental rights. It is, however, a matter of great concern that these rights do not cover the "right to access the necessities of life like access to clean water, food, clothing, shelter, and medicine etc". It, thus, leads imperfection of the constitutional rights. Therefore, this study aims to highlight this gap by evaluating the constitutional fundamental rights in the light of the necessities of life. This study concludes that lack of access to the necessities of life has made the people least concern towards the national issues and development of the country. Hence, this paper recommends filling up this gap and to incorporate the "right to access to the necessities of life" in the Constitution 1973.

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