scholarly journals Granting the Right to a Quality Environment - A Premise of Sustainable Development

2015 ◽  
Vol 9 (1) ◽  
pp. 149-155
Author(s):  
Gheorghe Durac

Abstract In the dynamics of national and international regulations, an important threshold has been crossed - the recognition and granting of the fundamental right to environment. The applicable international documents formulate the idea of an individual right to a specific quality of the environment. Certain documents consecrate yet another minimalistic perspective, according to which the right to environment is only infringed when the right to life itself is threatened, considering that only significant degradations of environmental quality may endanger the vital biological needs for the survival of mankind. We must nevertheless stress that although there is no direct and unanimous recognition of a right to environment per se, an indirect acknowledgement of it can still be seen in the connection established between the fundamental human rights (the right to life, the right to health, the right to freedom, etc.) and the quality to the environmental factors, which underlines the fact that the compliance with the environmental dispositions is a prerequisite for insuring optimal life conditions. We must also note that there has been a reversal of the environment - development relation. Thus, if in the beginning the environment could not be understood without development, it was later stipulated that sustainable development cannot exist without the existence of a quality environment

2021 ◽  
pp. 1-27
Author(s):  
Jimmy Chia-Shin Hsu

Abstract In this article, I bring the constitutional jurisprudence of major East Asian courts into reconstructive dialogue with that of the United States, South Africa, and several former Soviet-bloc countries, on per se review of capital punishment. This fills in a gap in the literature, which has failed to reflect new developments in Asia. Besides analysing various review approaches, I extrapolate recurrent analytical issues and reconstruct dialogues among these court decisions. Moreover, I place the analysis in historical perspective by periodising the jurisprudential trajectory of the right to life. The contextualised reconstructive dialogues offer multilayered understanding of my central analytical argument: for any court that may conduct per se review of capital punishment in the future, the highly influential South African Makwanyane case does not settle the lesson. The transnational debate has been kept open by the Korean Constitutional Court's decisions, as well as retrospectively by the US cases of Furman and Gregg. This argument has two major points. First, the crucial part of the reasoning in Makwanyane, namely that capital punishment cannot be proven to pass the necessity test under the proportionality review, is analytically inconclusive. The Korean Constitutional Court's decision offers a direct contrast to this point. Second, the exercise of proportionality review of the Makwanyane Court does not attest to the neutrality and objectivity of proportionality review. Rather, what is really dispositive of the outcome are certain value choices inhering in per se review of capital punishment.


Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 65-70
Author(s):  
E. V. Shirmanov ◽  

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


2020 ◽  
Vol 55 (2) ◽  
pp. 82-91
Author(s):  
Marina Milić Babić ◽  
Marina Hranj

Palliative care for children means active, complete care on physical, psychological, social and spiritual levels, and it includes collaboration and active work with the family. Palliative care for children lasts during the period of illness and continues after the death of the child in the form of expert assistance to the family in their grief. Such care follows the principles of individual, holistic, transdisciplinary and biopsychosocial-spiritual approaches that come together in promoting the quality of life of a child and his or her family. Numerous legal sources are the starting point for defining palliative care for children as a fundamental human right to health care, as well as for defining basic actions within this fundamental right. The right to palliative care includes rights from different systems, and collaboration and linking of different disciplines are needed in order to meet the needs of the child and his family. The aim of this paper is to present crucial knowledge in the field of palliative care for children and to examine how this right is implemented and legally regulated in the Republic of Croatia.


1990 ◽  
Vol 12 (2) ◽  
Author(s):  
Jean-Claude Wolf

AbstractRights are not redundant elements of a plausible utilitarian theory and the right to life is an inseparable companion of the rights to nourishment and to medical care. The deeper reason for this thesis is the interdependence of values concerning vitality. In this perspective it is inconsistent to say that the (normal) newborn is unable to have a right to life, but has a right to be fed. The hidden premise of Singer’s rebuttal of involuntary euthanasia is a theory of rights as vetoes against imposed benefits. Without openly subscribing to such a theory there is no answer to ‘logical slippery slope’ arguments and no protection against dangerous ‘quality of life’ considerations as a basis of decisions over life and death.


2017 ◽  
Vol 38 (2) ◽  
pp. 831-853
Author(s):  
Elisabeth Hoffberger

If thinking about weapons, one generally thinks about lethal technology. However, an abundance of so-called non-lethal weapons, a technology not aimed at killing but merely incapacitating the human target or military objective, is also being deployed both within and outside the ambit of armed conflict. Since non-lethal weapons do not necessarily implicate a zero chance of mortality, but often lead to severe wounds and tremendous suffering, the use and deployment of such weapons raise strong humanitarian and human rights concerns. The prohibition to cause superfluous injuries and unnecessary suffering, as well as the prohibition of indiscriminate attacks are, amongst others, one of the most relevant provisions potentially having an influence on the deployment of nonlethal technology in armed conflict. However, the invocation of the principle of proportionality may lead to the justification of the use of non-lethal weapons on the grounds that the military advantage anticipated was greater than the human suffering caused. Insofar, one must ask whether there is a “red-line”; where the almost inflationary invocation of the principle of proportionality may defeat the object and purpose of the Geneva Conventions and therefore render the deployment and use of non-lethal technology illegal. Apart from the battlefield, non-lethal weapons are also being deployed in lawenforcement scenarios, where human rights law plays a pivotal role. In this regard, one must not look merely at the prohibition of torture and inhuman or degrading suffering and the right to life but also at the right to health, a presumably underestimated principle curbing and shaping the use of non-lethal technology outside the ambit of armed conflict.


2017 ◽  
Vol 1 (1) ◽  
pp. 47-60 ◽  
Author(s):  
Remco Van de Pas ◽  
Peter S. Hill ◽  
Rachel Hammonds ◽  
Gorik Ooms ◽  
Lisa Forman ◽  
...  

1972 ◽  
Vol 129 (3) ◽  
pp. 358-358
Author(s):  
HERBERT I. POSIN

2019 ◽  
pp. 55-68
Author(s):  
HARSH PATHAK

The constitution and jurist characterized Article 21 as, “the procedural magna carta, protective of life and liberty”. This right has been held to be the heart of the constitution, the most organic and progressive provision in Indian constitution, the foundation of our laws. Article 21 can only be claimed when a person is deprived of his “life” or “personal liberty” by the “State” as defined in Article 12. Violation of the right by private individuals is not within the preview of it. Article 21 applies to natural persons. The right is available to every person, citizen or alien. It, however, does not entitle a foreigner the right to reside and settle in India, as mentioned in Article 19 (1) (e). Everyone has the right to life, liberty and the security of person. The right to life is undoubtedly the most fundamental of all rights. All other rights add quality to the life in question and depend on the pre-existence of life itself for their operation. There would have been no fundamental rights worth mentioning if Article 21 had been interpreted in its original sense. This Article will examine the right to life as interpreted and applied by the Supreme Court of India.


UVserva ◽  
2018 ◽  
Author(s):  
Francisco Domingo Vázquez Martínez ◽  
María Cristina Ortiz León

Antecedentes. Con base en el análisis de 11,854 quejas sobre los servicios de salud en México la Comisión Nacional de Derechos Humanos estableció que una de las causas más frecuentes de violación al derecho a la salud es la falta de competencia profesional del personal médico. Objetivo. Conocer los programas de educación médica que garantizan, mediante evaluaciones externas, la formación de profesionistas de la medicina competentes. Metodología. Con los resultados del Padrón de Programas de Alto Rendimiento Académico (2017) y los resultados del Examen Nacional de Aspirantes a Residencias Médicas (2017) se construye la variable Garantía externa de formación médica, con tres niveles: sobresaliente, buena y aceptable. Resultados. 28 de 112 programas educativos ofrecen una garantía externa de formación médica: 15 con un nivel bueno y 13 con uno aceptable. Conclusión. Desde la perspectiva de los derechos humanos es importante centrar los esfuerzos por mejorar la calidad de los programas de educación médica en los egresados.Palabras clave: educación médica; calidad educativa; acreditación educativa; seguimiento de egresados; derecho a la salud AbstractBackground. According to the analysis of 11,854 complaints about the Mexi­can health services, the National Commission for Human Rights was able to point out that the lack of professional competence of medical personnel is one of the most frequent causes of violation of the right to health. Objective. To get to know the medical education programs that guarantee, by external assessments, trai­ning competent medicine profesionals.Methods. The Garantía externa de formación médica (External Guarantee of Medical Trai­ning) variable with three levels, oustanding, good and acceptable, was designed considering the results from both the National Register of High Academic Performance Programs (2017) and the National Exam for Medical Interns­hips. Results. 28 educational programs out of 112 offer an external guarantee of medical training: 15 are good, while 13 are accepta­ble. Conclusion. According to a human rights viewpoint it is very important to focus on im­proving the quality of the medical programs for the graduates.Keywords: medical education; Education qua­lity; Education accreditation; Graduates fo­llow-up; Right to health


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