scholarly journals RE-THINKING THE STATE’S DUTY TO PROTECT AND UPHOLD THE RIGHT TO LIFE IN A CRIMINAL JUSTICE CONTEXT

Obiter ◽  
2021 ◽  
Vol 30 (2) ◽  
Author(s):  
Narnia Bohler-Muller ◽  
Jana Milne
Keyword(s):  
Quality Of Life ◽  
South African ◽  
Preliminary Observation ◽  
The State ◽  
Constitutional Rights ◽  
Central Question ◽  
Right To Life ◽  
Indian Experience ◽  
The Right

The central question posed in this contribution is whether the right to life has been employed by our courts as a workable constitutional concept in order to promote a quality of life − referred to herein as a “safe” life − lived in accord with the constitutional rights and values of human dignity, equal worth and freedom. A preliminary observation is that the South African judiciary is generally hesitant to interpret the right to life as the right to a certain “quality of life”. This is due to the fact that the state’s obligations regarding the entitlements that would enable such an existence are dealt with effectively by other rights already codified in the Constitution. In addition, the courts are traditionally wary of imposing duties on the state. Our courts have thus employed an interpretation of this right that is limited to the right not to be deprived of one’s life in cases involving social policy issues. As such, thejudiciary has failed to address the entitlement to a quality of life that would impose positive obligations on the state effectively. In order to explore more fully the ambit of the right to life, the authors turn to the Indian experience, which provides an excellentexample of a more creative interpretation of this right. It is submitted that the Indian position could provide useful guidelines in advancing a more activist interpretation of the right to life in order to facilitate the effective application of this right in a criminaljustice context. 

Singer über Rechte, Recht auf Leben und Euthanasie

1990 ◽  
Vol 12 (2) ◽  
Author(s):  
Jean-Claude Wolf
Keyword(s):  
Quality Of Life ◽  
Medical Care ◽  
Slippery Slope ◽  
Right To Life ◽  
Life And Death ◽  
Slippery Slope Arguments ◽  
Recht Auf Leben ◽  
The Right ◽  
Utilitarian Theory

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.

The Quality of Life as Opposed to the Right to Life

1972 ◽  
Vol 129 (3) ◽  
pp. 358-358
Author(s):  
HERBERT I. POSIN
Keyword(s):  
Quality Of Life ◽  
Right To Life ◽  
The Right

The Quality of Life as Opposed to the Right to Life

1972 ◽  
Vol 129 (3) ◽  
pp. 358-a-359
Author(s):  
WILLIAM G. SMITH
Keyword(s):  
Quality Of Life ◽  
Right To Life ◽  
The Right

scholarly journals Foucault and ‘the Right to Life’: from Technologies of Normalization to Societies of Control”

2013 ◽  
Vol 33 (3) ◽  
Author(s):  
Abram Anders
Keyword(s):  
Quality Of Life ◽  
Health Services ◽  
Michel Foucault ◽  
The Political ◽  
Disabled People ◽  
Right To Life ◽  
Political Costs ◽  
Rights Discourse ◽  
The Right

<p>From the perspective of Michel Foucault&rsquo;s conceptualizations of biopower and technologies of normalization, disability activism emerges as a collective protest against the form of power/knowledge that produces disability as an abject identity. Yet, disability activists also claim a &ldquo;right to life&rdquo; that biopower would seem to both promise and withhold&mdash;the production of new capacities for health. Disabled people are necessarily oriented to seek relief from the indignities of social disenfranchisement and paternalist interventions, while simultaneously relying on the institutional mechanisms through which these effects are produced as the means of seeking new norms for living. As reform efforts increasingly focus on quality of life and seek to empower &ldquo;consumers&rdquo; of health services, we are inexorably moving beyond the political costs and historical limits of rights discourse: we now grapple with problems unique to societies of control.&nbsp;</p> <p>&nbsp;</p> <p>Keywords:&nbsp; biopower, Michel Foucault, health, normalization, power, rights, societies of control</p>

THE VALUE OF LOVE IN THE SYSTEM OF FORMATION OF THE PROFESSIONAL MATURITY OF THE EDUCATOR

2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva
Keyword(s):  
Russian Federation ◽  
The State ◽  
Educational Process ◽  
Wide Range ◽  
The Family ◽  
The Russian Federation ◽  
The Government ◽  
The Individual ◽  
The Right

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].

Advantages of a mini right axillary thoracotomy for congenital heart defect repair in children

2021 ◽  
pp. 1-6
Author(s):  
Jannika Dodge-Khatami ◽  
Ali Dodge-Khatami
Keyword(s):  
Quality Of Life ◽  
Physical Activity ◽  
Global Health ◽  
Congenital Heart ◽  
Surgical Repair ◽  
Median Sternotomy ◽  
Axillary Approach ◽  
Post Operative Pain ◽  
The Right

Abstract Objectives: The mini right axillary thoracotomy is an alternative surgical approach to repair certain congenital heart defects. Quality-of-life metrics and clinical outcomes in children undergoing either the right axillary approach or median sternotomy were compared. Methods: Patients undergoing either approach for the same defects between 2018 and 2020 were included. Demographic details, operative data, and outcomes were compared between both groups. An abbreviated quality of life questionnaire based on the Infant/Toddler/Child Health Questionnaires focused on the patient’s global health, physical activity, and pain/discomfort was administered to all parents/guardians within two post-operative years. Results: Eighty-seven infants and children underwent surgical repair (right axillary thoracotomy, n = 54; sternotomy, n = 33) during the study period. There were no mortalities in either group. The right axillary thoracotomy group experienced significantly decreased red blood cell transfusion, intubation, intensive care, and hospital durations, and earlier chest tube removal. Up to 1 month, parents’ perception of their child’s degree and frequency of post-operative pain was significantly less after the right axillary thoracotomy approach. No difference was found in the patient’s global health or physical activity limitations beyond a month between the two groups. Conclusions: With the mini right axillary approach, surrogates of faster clinical recovery and hospital discharge were noted, with a significantly less perceived degree and frequency of post-operative pain initially, but without the quality of life differences at last follow-up. While providing obvious cosmetic advantages, the minimally invasive right axillary thoracotomy approach for the surgical repair of certain congenital heart lesions is a safe alternative to median sternotomy.

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.

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