scholarly journals Kazus Alecka Bourne’a a konstytucyjne zasady ochrony życia i zdrowia

2021 ◽  
pp. 87-105
Author(s):  
Piotr Szudejko
Keyword(s):  
Human Life ◽  
Legal Aspects ◽  
Legal Analysis ◽  
Right To Life ◽  
Legal Provisions ◽  
Starting Point ◽  
Constitutional Tribunal ◽  
Definition Of ◽  
The Right ◽  
And Function

The article presents the case of Dr. Aleck Bourne, which the author proposes to include in the catalog of borderline cases constituting the basis for in-depth discussions on ethical and legal aspects of human life with regard to the development of biology and medicine. The starting point is the presentation of the worldwide models for regulating the practice of abortion as well as the Polish regulation, together with a discussion on the role of the Constitutional Tribunal in shaping current legal provisions. The author notes that the interpretation of the right to life adopted by the Tribunal encourages the repeal of the indication model and the introduction of a complete ban on abortion, which will have significant consequences for ordinary legislation. Apart from describing the facts in the Bourne case, the strategy adopted by the defense and the sentence itself, the possible further areas of considerations regarding the limits of permissibility of termination of pregnancy have been signaled. Then, the conclusions resulting from legal analysis of the case were transferred to the exegesis of the constitutional principles of the right to life and the right to healthcare. Their constitutional form, interpretation resulting from the rulings of the Constitutional Tribunal and the ordinary legislation have been presented. The author indicates the main terminological deficiencies identified in this respect: the lack of any definition of the beginning of a human being, the existence of two separate criteria for determining death, which could lead to different results and the lack of an unambiguous definition of disease adopted by the legislator. Based on the concepts presented in the case, the right to healthcare has been defined as a legal right resulting from the right to life. The final thesis is that there are no grounds for hierarchizing these rights, as they are intertwined in content and function.

scholarly journals QUALIFICATION OF CRIMES AGAINST LIFE: COMPARATIVE LEGAL ANALYSIS

2021 ◽  
Vol 1 (1) ◽  
pp. 61-67
Author(s):  
Olha Peresada ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Code ◽  
Legal Analysis ◽  
Right To Life ◽  
Special Part ◽  
Criminal Protection ◽  
The Moment ◽  
The Right

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.

scholarly journals Profili giuridici dell’aborto in Irlanda. Peculiarità e prospettive della vicenda irlandese alla luce della legge Protection of Life During Pregnancy Act (2013)

2013 ◽  
Vol 62 (4) ◽  
Author(s):  
Carlo Casini ◽  
Marina Casini
Keyword(s):  
Legal Status ◽  
Human Life ◽  
Legal Aspects ◽  
Human Beings ◽  
Right To Life ◽  
Great Chance ◽  
Judicial Decisions ◽  
The Moment ◽  
The Right ◽  
Protection Of Life

Dopo vivacissisimi dibattiti e diverse decisioni giudiziarie, il Parlamento irlandese ha approvato nel luglio 2013 la legge sull’aborto Protection of Life During Pregnancy Act (2013) che però non ha fatto cessare le discussioni né sopito le inquietudini. Il contributo, supportato da un’ampia documentazione, si muove contemporaneamente su tre piani: vengono esaminati i profili giuridici (costituzionali, referendari, legislativi e giurisprudenziali) della storia dell’aborto in Irlanda, evidenziando gli aspetti che rendono peculiare la vicenda irlandese rispetto a quella degli altri Paesi europei; affronta la questione dello statuto giuridico dell’embrione umano nell’ordinamento irlandese sia nell’ambito dell’aborto, sia in quello della fecondazione artificiale (diffusa nella prassi e legittimata dalla giurisprudenza); offre interpretazioni e prospettive concrete per tutelare la vita umana sin dal momento della fecondazione in un contesto che, invece, tende a sottrarre la protezione nei primi 14 giorni di vita dell’embrione umano. One of us, l’iniziativa dei cittadini europei, promossa sulla base del Trattato di Lisbona, si presenta come una straordinaria occasione per svolgere un ruolo di contenimento delle possibili derive negative della legge recentemente approvata e per mantenere nella società la consapevolezza che la dignità umana è uguale per tutti gli esseri umani, così tutti, sin dal concepimento, sono titolari del diritto alla vita. I cittadini irlandesi potrebbero confermare con la vastità delle adesioni a “Uno di noi” la stessa volontà manifestata nei referendum del 1983, del 1997 e del 2002: “lo Stato riconosce il diritto alla vita del bambino che deve nascere”. ---------- After several lively debates and judicial decisions, the Irish parliament passed a law on abortion in July 2013 Protection of Life During Pregnancy Act (2013) which, however, has not put an end to the discussion or calmed anxieties. The contribution, supported by extensive documentation, moves simultaneously on three levels: 1. examining the legal aspects (constitutional, referendums, legislation and judicial decisions) of abortion’s history in Ireland highlighting those that make that history unique compared to other European countries; 2. dealing with the question of the legal status of the human embryo into the Irish legal system regarding both abortion, and artificial insemination (widely practiced and legitimized by law); 3. offers interpretations and concrete prospects for protecting human life from the moment of fertilization in a context which, however, tends to deprive human life of protection in the first 14 days of life. One of us, the European citizens’ initiative, promoted on the basis of the Treaty of Lisbon, is presented as an extraordinary opportunity to play a role in limiting the possible negative tendencies of the law recently passed and to maintain awareness in society that human dignity is the same for all human beings. So everyone, from conception, is entitled to the right to life. In particular, One of us gives Irish citizens the great chance to confirm the same desire expressed in the referenda of 1983, 1992 and 2002 – “The State acknowledges the right to life of the unborn child” – by signing in great numbers the “One of Us” citizen’s initiative.

Caring for the Dying: From a “Negative” to a “Positive” Legal Right to Die at Home

2005 ◽  
Vol 6 (1) ◽  
pp. 22-28 ◽  
Author(s):  
Israel Doron
Keyword(s):  
Academic Writing ◽  
Legal Aspects ◽  
Necessary Condition ◽  
Right To Die ◽  
Legal Analysis ◽  
Legal Context ◽  
The Subject ◽  
Definition Of ◽  
The Right ◽  
At Home

The choice of the old and terminally ill to die at home has been the subject of various types of research. However, one of the aspects of this subject, which has been investigated very little, is its legal context. The absence of such legal research is contrasted by the vast amount of academic writing on the legal aspects of the right to die with dignity and euthanasia. The object of this article is to analyze and break down the “right to die at home” into its different legal components. This legal analysis will be based on Professor Isaiah Berlin’s definition of two different concepts of liberty: negative and positive freedoms. The main conclusion from the legal analysis presented in this article is that it is important to understand that at the legal level the right to die at home is dependent on many different elements. These elements may be classed in two basic categories: negative and positive freedoms and rights. Even though the former is a necessary condition of the latter, without the latter the first remains purely theoretical for many old people.

CYBERCHONDRIA INFORMATION CLINIC: Internet's Impact on your Health (Preprint)

2019 ◽  
Author(s):  
Valentina Escotet Espinoza
Keyword(s):  
Human Life ◽  
Brain Regions ◽  
Physical Symptoms ◽  
Digital Design ◽  
Somatization Disorder ◽  
The Internet ◽  
Cultural Aspects ◽  
Starting Point ◽  
The Right ◽  
The Relationship

UNSTRUCTURED Over half of Americans report looking up health-related questions on the internet, including questions regarding their own ailments. The internet, in its vastness of information, provides a platform for patients to understand how to seek help and understand their condition. In most cases, this search for knowledge serves as a starting point to gather evidence that leads to a doctor’s appointment. However, in some cases, the person looking for information ends up tangled in an information web that perpetuates anxiety and further searches, without leading to a doctor’s appointment. The Internet can provide helpful and useful information; however, it can also be a tool for self-misdiagnosis. Said person craves the instant gratification the Internet provides when ‘googling’ – something one does not receive when having to wait for a doctor’s appointment or test results. Nevertheless, the Internet gives that instant response we demand in those moments of desperation. Cyberchondria, a term that has entered the medical lexicon in the 21st century after the advent of the internet, refers to the unfounded escalation of people’s concerns about their symptomatology based on search results and literature online. ‘Cyberchondriacs’ experience mistrust of medical experts, compulsion, reassurance seeking, and excessiveness. Their excessive online research about health can also be associated with unnecessary medical expenses, which primarily arise from anxiety, increased psychological distress, and worry. This vicious cycle of searching information and trying to explain current ailments derives into a quest for associating symptoms to diseases and further experiencing the other symptoms of said disease. This psychiatric disorder, known as somatization, was first introduced to the DSM-III in the 1980s. Somatization is a psycho-biological disorder where physical symptoms occur without any palpable organic cause. It is a disorder that has been renamed, discounted, and misdiagnosed from the beginning of the DSMs. Somatization triggers span many mental, emotional, and cultural aspects of human life. Our environment and social experiences can lay the blueprint for disorders to develop over time; an idea that is widely accepted for underlying psychiatric disorders such as depression and anxiety. The research is going in the right direction by exploring brain regions but needs to be expanded on from a sociocultural perspective. In this work, we explore the relationship between somatization disorder and the condition known as cyberchondria. First, we provide a background on each of the disorders, including their history and psychological perspective. Second, we proceed to explain the relationship between the two disorders, followed by a discussion on how this relationship has been studied in the scientific literature. Thirdly, we explain the problem that the relationship between these two disorders creates in society. Lastly, we propose a set of intervention aids and helpful resource prototypes that aim at resolving the problem. The proposed solutions ranged from a site-specific clinic teaching about cyberchondria to a digital design-coded chrome extension available to the public.

Recht und Pflicht – Einschränkungen von Freiheit?

2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg
Keyword(s):  
Free Will ◽  
The State ◽  
Individual Rights ◽  
Right To Life ◽  
Emergency Situations ◽  
The Will ◽  
Definition Of ◽  
The Right

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.

ECONOMIC AND LEGAL STATUS OF THE CONSULTING ENGINEER IN UKRAINE: REGULATORY PROBLEMS

2017 ◽  
Author(s):  
Alla Brovdii ◽  
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Road Construction ◽  
Legal Aspects ◽  
Legal Form ◽  
Employment Contracts ◽  
Economic Relations ◽  
Definition Of ◽  
The Right

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.

scholarly journals Lawful Solutions For Violation On Women In Sports

2015 ◽  
Vol 55 (2) ◽  
pp. 97-111
Author(s):  
Zuzana Sakáčová
Keyword(s):  
Violence Against Women ◽  
Slovak Republic ◽  
Codes Of Conduct ◽  
Legal Aspects ◽  
Right To Life ◽  
Women In Sport ◽  
Sport Activities ◽  
The Right ◽  
Women In Sports ◽  
The Relationship

Summary This contribution deals with the legal aspects and acts of violence against a group of women in sport. Discussions about violence in society and thus on violence in sport are often associated with people's thoughts about the moral state of society as a whole. Violence against women is one of the most widespread violations of human dignity. It represents a violation of human rights, namely the right to life, the right to safety, the right to dignity, the right to physical and mental integrity. It is desirable to raise awareness about the prevention of sexual violence at all levels. We have to focus on preventive precautions to support projects to fight violence and intolerance in sport, to develop codes of conduct that determine the relationship between athletes, relations between men and women, as well as relations between coaches and officials, relations between parents and coaches. The Slovak Republic is only at the beginning of the way of creating the relationship between law and sport. Therefore, it is necessary to increase the legal awareness of sport as a tool for regulation in sport activities.

ADMINISTRATIVE RESPONSIBILITY FOR VIOLATIONS OF THE ELECTION LEGISLATION IN THE CONTEXT OF THE LEGAL STATUS OF ELECTORAL COMMISSIONS

2021 ◽  
pp. 16-28
Author(s):  
Sergey V. Vedyashkin ◽  
◽  
Daria V. Sennikova ◽  
Elman S. Yusubov ◽  
◽  
...  
Keyword(s):  
Legal Status ◽  
System Analysis ◽  
Practical Importance ◽  
Legal Responsibility ◽  
Legal Analysis ◽  
Electoral Process ◽  
Legal Provisions ◽  
The Right ◽  
Municipal Election ◽  
Administrative Responsibility

The article deals with the problems of administrative responsibility for violations of the election legislation; the issue is studied in the context of the legal status of electoral commis-sions. The authors assess the administrative-tort and constitutional-legal provisions, mediating issues and the implementation of administrative responsibility for violations of the election legislation. Attention is drawn to the peculiarities of the legal status of electoral commissions and the functions of their activities. The content of certain issues related to the jurisdiction of election commissions in terms of the implementation of their administrative and tort powers is studied in the article; the analysis of their content is carried out, the problems of practical importance, including an assessment of the legal status of election commissions, are pointed out. When writing the article, the authors used the following methods when writing: system analysis, dialectical, logical, comparative-legal, analysis and synthesis, induction and deduction. As a result of the study, the following results were obtained: – the inconsistency of election and administrative legislation and the practice of their enforcement are also expressed in bringing to justice by corpus delicti, which does neither involve the payment of a fairly significant fine, nor significantly affects the maintenance of law and order; – municipal election commissions as well as other election commissions that do not func-tion outside the election campaigns may additionally need material technical and methodological support in fixing administrative offenses; – legal responsibility in the electoral process needs to be transformed according to the principles of the work of election commissions, expressed in the capacious category of “effec-tive care” for the implementation of passive and active suffrage; – the measures of administrative responsibility, first of all, penalties addressed to candi-dates and electoral associations, cannot exceed the amount of funds spent on average for the election campaign at the lowest level, a spontaneous increase in the size of this sanction is not permissible and needs to be revised, taking into account the proposed indicators; – when updating the institution of responsibility in the electoral process, the principle of federalism should also be taken into account. In this regard, it seems possible to delegate to the legislative (representative) bodies of the subject the right to fix in the legislation on administrative offences the constituent elements of crimes used in the course of municipal elections.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

The order of property realisation in bankruptcy (insolvency) procedure under the law of Ukraine and Germany

2021 ◽  
Vol 28 (4) ◽  
pp. 210-222
Author(s):  
Oleksandr D. Sviatotskyi ◽  
Rodion B. Poliakov
Keyword(s):  
Legal Framework ◽  
Legal Analysis ◽  
Electronic Trading ◽  
Trading System ◽  
Legal Study ◽  
Judicial Practice ◽  
Legal Provisions ◽  
German Legislation ◽  
The Law ◽  
The Right

The article represents a comparative legal study of the specifics of the order of debtor's property realisation in the bankruptcy procedure under the law of Ukraine and Germany through the application of hermeneutic (used in accessing the essence of the legal framework and judicial practice); axiological (in determining the evaluative base) along with phenomenological (and the nature of the phenomena); systematic (modeling of the functioning systems) methodological toolkit. The authors emphasise the importance of legal provisions governing the sale of the debtor's property, due to the natural proximity of this stage of the competitive process to the financial component, which, in turn, is inevitably associated with various abuses. An electronic trading system had been recently introduced in Ukraine, on which therefore many hopes and expectations were relied upon. However, the electronic trading system did not cope with tasks set, and many new problems were added to the old ones. The article states that the existence of problematic issues in the procedure of bankrupt property realisation is confirmed, in particular, by the court practice. However, judicial practice in itself often becomes a source of problems. The article pays special attention to the German legislation, which uses a radically opposite model of property sale in insolvency proceedings. The authors justifiably propose to make certain changes to the Ukrainian legislation, by using the positive experience of Germany. As a result of a comparative legal analysis of the legislation of Ukraine and Germany, the authors provide ways of solving the raised issues in the article. The implementation of the recommendations submitted within this comparative-legal study should improve the quality of bankruptcy proceedings, reduce the number of abuses by insolvency trustees, as well as protect the rights and property interests of competitive creditors and creditors with the right of separate satisfaction

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