Legal Limitations on Genetic Research and the Commercialisation of its Results in the Republic of Croatia

2007 ◽  
Vol 4 (1) ◽  
Author(s):  
Jasmina Mutabzija ◽  
Ivana Kunda
Keyword(s):  
Human Rights ◽  
Genetic Research ◽  
General Rule ◽  
Scientific Activity ◽  
Human Being ◽  
Protection Of Human Rights ◽  
Freedom Of Research ◽  
The Republic

AbstractFreedom of research is the underlining principle of any scientific activity. It has been restated in many international and national legal instruments. Thus, Article 15 of the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine of 1997 (hereinafter: the Convention on Human Rights and Biomedicine), lays down the general rule:

scholarly journals Derechos Humanos en la República del Ecuador: su protección por la Corte Interamericana de Derechos Humanos

2021 ◽  
Vol 39 (68) ◽  
Author(s):  
Wilter Zambrano Solorzano
Keyword(s):  
Human Rights ◽  
Analytical Method ◽  
Human Being ◽  
Human Beings ◽  
International Treaties ◽  
The North ◽  
Legal Provisions ◽  
Derechos Humanos ◽  
Protection Of Human Rights ◽  
The Republic

This work analyzes the protection of human rights by the Inter-American Court of Human Rights in the Republic of Ecuador. It is a documentary and descriptive investigation, with the application of the analytical method. Human rights must be established in the north of both national and international actions because they attend to the dignity of human beings, hence the interest that States and specialized bodies have in their protection, including through the effectiveness of sentences. It is concluded that human rights are a broad, unfinished, and progressive set of attributes belonging to human beings without any type of differences, and that the Republic of Ecuador is making efforts to make the application of the judgments of the Inter-American Court of Rights a reality. Human, being a constant commitment to constitutional legal provisions and international treaties.

scholarly journals RELEVANSI KONSEP NEGARA HUKUM PANCASILA DENGAN WELFARE STATE DALAM IMPLEMENTASINYA DENGAN PELAYANAN PUBLIK DI INDONESIA

2017 ◽  
Vol 6 (1) ◽  
pp. 1
Author(s):  
I Ketut Cahyadi Putra
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Welfare State ◽  
The State ◽  
Customary Law ◽  
Public Welfare ◽  
Basic Formula ◽  
State Administration ◽  
Protection Of Human Rights ◽  
The Republic

The State of Pancasila Law essentially stems from the principle of kinship, deliberation of consensus based on customary law, and protection of human rights with the principle of balance between the rights and obligations and the function of the law of auxiliary. As contained in the Fifth Precept of Pancasila that is social justice for all Indonesian people, and the opening of the 1945 Constitution of the Republic of Indonesia related to the phrase "advancing public welfare" is the basic formula of welfare state ideology then manifested into the constitution of the state of Indonesia to be made Guidance of nation life and state administration. Negara Hukum Pancasila esensinya berpangkal pada asas kekeluargaan, musyawarah mufakat berlandaskan hukum adat, dan perlindungan hak asasi manusia dengan prinsip keseimbangan antara hak dan kewajiban dan fungsi hukum pengayoman. Sebagaimana yang terkandung dalam Sila Kelima Pancasila yaitu keadilan sosial bagi seluruh rakyat Indonesia, dan pembukaan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 terkait frase “memajukan kesejahteraan umum” merupakan rumusan dasar ideologi welfare state kemudian dimanifestasikan ke dalam batang tubuh konstitusi negara Indonesia untuk dijadikan pedoman hidup berbangsa dan penyelenggaraan kenegaraan.

scholarly journals The objective need for legal regulation of territorial planning 
and its implementation in the Republic of Lithuania

2020 ◽  
pp. 36-48
Author(s):  
Kristina Mikalauskaitė-Šostakienė
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Legal Regulation ◽  
Territorial Planning ◽  
The Social ◽  
Protection Of Human Rights ◽  
The Republic

The article analyzes the social and legal assumptions that determine the need for the legal regulation of territorial planning. The extent to which the appropriate legal regulation of territorial planning is related to the protection of the environment, ensuring sustainable development and the protection of human rights is assessed. It is concluded that the process of territorial planning is complex and complicated, has different needs and interests of natural and legal persons regarding the use of the respective territories are constantly encountered. Although the reform of the legal regulation of territorial planning has been carried out three times in Lithuania, gaps in the legal regulation of territorial planning have been identified so far.

scholarly journals Tajemnica adwokacka jako element realizacji prawa do sprawiedliwego procesu sądowego oraz prawa do poszanowania korespondencji

2021 ◽  
Vol 33 (2) ◽  
pp. 7-21
Author(s):  
Natalia Banach ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
Fundamental Rights ◽  
Moral Norms ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The issue of exemption from the attorney-client privilege and the nature of this attorney-client privilege is widely discussed both in the literature on the subject and in the doctrine. In order to analyze this subject, it was necessary to interpret the provisions of the Law on the Bar Ac (26 May 1982), the provisions of the Code of Bar Ethics (23 December 2011) the Constitution of the Republic of Poland (2 April 1997), both guarantees enshrined in the Convention for the Protection of Human Rights and Fundamental Rights of liberty from 1950. The interpretation was made in conjunction with Polish case law common courts and case law of the European Court of Human Rights. This also presents the view of the polish Ombudsman’s Office. Given that the professional secrecy of lawyers is an inseparable element of justice, it would be wrong to omit the generally accepted moral norms of society in relation to the procedural role of a lawyer. The thesis put forward that the professional secrecy of lawyers is part of the implementation of the right to a fair trial and the right to respect for private life. The purpose of the work was to emphasize the essence of lawyers’ secrecy as an inseparable element of defense of the parties to the proceedings and to indicate interpretation differences between Polish courts and the case law of the European Court of Human Rights.

scholarly journals POSSIBILITY OF RATIFICATION BY UKRAINE OF THE CONVENTIONFOR THE PROTECTION OF HUMAN RIGHTS AND DIGNITY OF HUMAN BEING WITH REGARD TO THE APPLICATION OF BIOLOGY AND MEDICINE: PROS AND CONS

Medicne pravo ◽  
2021 ◽  
pp. 19-27
Author(s):  
Oksana Yuriyivna Harasymiv
Keyword(s):  
Human Rights ◽  
Human Being ◽  
National Legislation ◽  
European Court ◽  
Protection Of Human Rights ◽  
Pros And Cons ◽  
Advisory Opinions

The article analyzes pros and cons for the ratification of the Con- vention for the protection of human rights and dignity of human being with regard to the application of biology and medicine by Ukraine. It outlines that the ratification of this Convention will further expand the human rights and freedoms safeguards in the field of biomedical trials. The possibility of appealing to the European Court of Human Rights for advisory opinions on the basis of the Convention for the protection of human rights and dignity of human being with regard to the application of biology and medicine has been highlighted. It has been emphasized that such ratification can be possible for Ukraine only in case of bringing the national legislation into line with the requirements of said Convention.

scholarly journals Protection of Human Rights in the Criminal Procedure Legislation of the Republic Of Uzbekistan and Improved Reforms Taking Into Account Foreign Experience

2021 ◽  
Vol 58 (1) ◽  
pp. 1102-1115
Author(s):  
Botirjon Khayitbayevich Ruzmetov
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Protection Of Human Rights ◽  
Legitimate Interests ◽  
The Republic ◽  
Theory Of Evidence ◽  
The Right

In this article author had searched the questions devoted the protection of human rights in the criminal procedure legislation of the Republic of Uzbekistan and comparing with the legislation and worldwide experience of the foreign states.The article reveals the ongoing liberalization of the criminal law policy in the Republic of Uzbekistan, which is aimed at expanding human and fair norms, strengthening the protection of the rights, legitimate interests of a person andsociety. Against this background, the significance of investigative actions and the theory of evidence in the country's criminal procedural legislation is being revised. The development of science and technology leads to the improvement of methods of committing crimes using computer technology, taking into account which the timely disclosure and effective investigation of socially dangerous acts requires extensive use of mathematical tools and computer technologies.In this regard, changes are taking place in the investigative practice aimed at increasing knowledge in the field of computer technologies among law enforcement officials and increasing the responsibility of the personal of the investigative and judicial authorities in the implementation of their activities.The author emphasizes that despite significant restrictions on the rights and legitimate interests of a person in the conduct of investigative actions, all of them are necessary for obtaining sufficient evidence to expose the guilt of the offender, in the manner prescribed by law.Compliance by investigators, prosecutors and judges of all criminal procedural requirements established by the legislation of the country is a key requirement for the recognition of evidence as lawful and sufficient for a fair sentence.It should be noted that the article highlights that, since 1994, the Criminal Procedure Code of Uzbekistan enshrines the right to defense by involving a lawyer in the case from the moment a person is detained on suspicion of committing a crime, as well as the principle of equality of arms in criminal proceedings. An addition to the liberalization of legislation is the fact that now the courts are freed from such unusual functions as the execution of court decisions.In addition, the article expands on the author's proposals for improving the legislation of Uzbekistan, as well as expanding the power of lawyers, especially in the conduct of investigative actions, aimed at expanding the process of liberalization of criminal law in the country and improving the situation with the protection of human rights in the investigation of criminal cases.

scholarly journals State responsibility for damage caused by unfair sentence or unfounded arrest

2013 ◽  
pp. 653-665
Author(s):  
Natasa Mrvic-Petrovic ◽  
Zdravko Petrovic
Keyword(s):  
Human Rights ◽  
The State ◽  
State Responsibility ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
General Rules ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The legal basis of state responsibility for damage caused by unfair sentence or unfounded arrest is the need to protect fundamental human rights and freedoms guaranteed by the Constitution and generally accepted international rules. The right to compensation on this basis (although subjective civil right) has a sui generis legal nature, because it is connected with the protection of human rights. Joint public-private legal nature of such a request is expressed in the legislation of the Republic of Serbia, because the circle of authorized persons and the conditions under which they may be entitled to compensation is determined by the criminal procedural rules, while the existence of a legally recognized forms of damage and the extent to which the damage may be reimbursed is estimated according to the general rules of Law of obligations. While the legislation is very progressive, it is observed that, in practice, the applications for compensation are usually submitted because of the most unreasonable detention of up to one month or three months, and the inefficiency of the criminal proceedings, suspended upon the expiration of the absolute limitation of prosecution. The state could easily affect these practices. Also, the priority of state must be meeting its financial obligations with regard to final adjustments, and the imposition of demands for compensation.

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