scholarly journals THE DECRIMINALIZATION OF THE ABORTION OF ANENCEPHALIC FETUSES: RELEVANT DISCUSSIONS

2018 ◽  
Vol 1 (1) ◽  
pp. 253-274
Author(s):  
Rafael Da Silva Glatzl
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Pregnant Women ◽  
Human Person ◽  
Fundamental Rights ◽  
Reproductive Autonomy ◽  
Right To Life ◽  
Global Context ◽  
Psychological Suffering ◽  
The Right

After eight years of endless discussions about the decriminalization of the abortion of anencephalic fetus, on April 24, 2012, the claims contained on the Allegation of Disobedience of Fundamental Precepts n. 54/2004 were finally deemed relevant by the Brazilian Supreme Court, and the long-awaited therapeutic discontinuation of such pregnancies was no longer punished under the Brazilian Penal Code. This decision was upheld as a victory of those who believe that the right to life has no absolute character, nor is etiologically superior to other fundamental rights, like the mother’s freedom to reproductive autonomy, and the legalization of these specific cases of abortion is based on an obedience to the constitutional precept known as the Dignity of the Human Person, ideally achieved by allowing an attenuation to the immeasurable physical, moral and psychological suffering experienced by those pregnant women. The present article will analyze the civil, criminal and constitutional questions relevant to the debate, aiming to promote reflections about the pertinence of the Supreme Court’s decision inside a global context in which the valorization of a subset of human rights, especially those that concern women’s reproductive health, is being vigorously understood as of great importance.

scholarly journals THE DECRIMINALIZATION OF THE ABORTION OF ANENCEPHALIC FETUSES: RELEVANT DISCUSSIONS

2018 ◽  
Vol 1 (1) ◽  
pp. 253-274
Author(s):  
Rafael Da Silva Glatzl
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Pregnant Women ◽  
Human Person ◽  
Fundamental Rights ◽  
Reproductive Autonomy ◽  
Right To Life ◽  
Global Context ◽  
Psychological Suffering ◽  
The Right

After eight years of endless discussions about the decriminalization of the abortion of anencephalic fetus, on April 24, 2012, the claims contained on the Allegation of Disobedience of Fundamental Precepts n. 54/2004 were finally deemed relevant by the Brazilian Supreme Court, and the long-awaited therapeutic discontinuation of such pregnancies was no longer punished under the Brazilian Penal Code. This decision was upheld as a victory of those who believe that the right to life has no absolute character, nor is etiologically superior to other fundamental rights, like the mother’s freedom to reproductive autonomy, and the legalization of these specific cases of abortion is based on an obedience to the constitutional precept known as the Dignity of the Human Person, ideally achieved by allowing an attenuation to the immeasurable physical, moral and psychological suffering experienced by those pregnant women. The present article will analyze the civil, criminal and constitutional questions relevant to the debate, aiming to promote reflections about the pertinence of the Supreme Court’s decision inside a global context in which the valorization of a subset of human rights, especially those that concern women’s reproductive health, is being vigorously understood as of great importance.

scholarly journals THE DECRIMINALIZATION OF THE ABORTION OF ANENCEPHALIC FETUSES: RELEVANT DISCUSSIONS

2018 ◽  
Vol 1 (1) ◽  
pp. 253-274
Author(s):  
Rafael Da Silva Glatzl
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Pregnant Women ◽  
Human Person ◽  
Fundamental Rights ◽  
Reproductive Autonomy ◽  
Right To Life ◽  
Global Context ◽  
Psychological Suffering ◽  
The Right

After eight years of endless discussions about the decriminalization of the abortion of anencephalic fetus, on April 24, 2012, the claims contained on the Allegation of Disobedience of Fundamental Precepts n. 54/2004 were finally deemed relevant by the Brazilian Supreme Court, and the long-awaited therapeutic discontinuation of such pregnancies was no longer punished under the Brazilian Penal Code. This decision was upheld as a victory of those who believe that the right to life has no absolute character, nor is etiologically superior to other fundamental rights, like the mother’s freedom to reproductive autonomy, and the legalization of these specific cases of abortion is based on an obedience to the constitutional precept known as the Dignity of the Human Person, ideally achieved by allowing an attenuation to the immeasurable physical, moral and psychological suffering experienced by those pregnant women. The present article will analyze the civil, criminal and constitutional questions relevant to the debate, aiming to promote reflections about the pertinence of the Supreme Court’s decision inside a global context in which the valorization of a subset of human rights, especially those that concern women’s reproductive health, is being vigorously understood as of great importance.

Ensuring Reproductive Rights of Women in Nepal: Law and Praxis

2020 ◽  
Vol 4 (1) ◽  
pp. 41-62
Author(s):  
D. N. Parajuli
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Health Services ◽  
Reproductive Rights ◽  
School Curriculum ◽  
Fundamental Rights ◽  
Reproductive Health Services ◽  
Women And Girls ◽  
The Right ◽  
Health Rights

 Reproductive rights are fundamental rights and freedoms relating to reproduction and reproductive health that vary amongst countries around the world, but have a commonality about the protection, preservation and promotion of a woman‘s reproductive health rights. Reproductive rights include the right to autonomy and self-determination , the right of everyone to make free and informed decisions and have full control over their body, sexuality, health, relationships, and if, when and with whom to partner, marry and have children , without any form of discrimination, stigma, coercion or violence. The access and availability of reproductive health services are limited due to geography and other issues, non-availability and refusal of reproductive health services may lead to serious consequences. The State need to ensure accessibility, availability, safe and quality reproductive health services and address the lifecycle needs of women and girls and provide access of every young women and girls to comprehensive sexuality education based on their evolving capacity as their human rights, through its inclusion and proper implementation in school curriculum, community-based awareness program and youth led mass media. It is necessary for strengthening compliance, in a time-bound manner, with international human rights standards that Nepal has ratified that protect, promote, and fulfill the basic human rights and reproductive health rights in Nepal and also need to review standards and conventions that Nepal has had reservations about or those that have been poorly implemented in the country.

scholarly journals Conscientious Objection to Abortion and Accommodating Women's Reproductive Health Rights: Reflections on a Decision of the Constitutional Court of Colombia from an African Regional Human Rights Perspective

2014 ◽  
Vol 58 (2) ◽  
pp. 183-209 ◽  
Author(s):  
Charles G Ngwena
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Conscientious Objection ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Conscientious Objector ◽  
Women’S Reproductive Health ◽  
The Right ◽  
Women's Reproductive Health ◽  
Health Rights

AbstractIf applied in isolation from the fundamental rights of women seeking abortion services, the right to conscientious objection can render any given rights to abortion illusory, including the rights to health, life, equality and dignity that are attendant to abortion. A transformative understanding of human rights requires that the right to conscientious objection to abortion be construed in a manner that is subject to the correlative duties which are imposed on the conscientious objector, as well as the state, in order to accommodate women's reproductive health rights. In recent years, the Colombian Constitutional Court has been giving a judicial lead on the development of a right to conscientious objection that accommodates women's fundamental rights. This article reflects on one of the court's decisions and draws lessons for the African region.

Dignity

2021 ◽  
pp. 107-160
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Medical Treatment ◽  
Capital Punishment ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Universal Declaration ◽  
Right To Life ◽  
Human Right ◽  
Per Se ◽  
The Right

Human dignity is not necessarily treated as a human right per se, but it may describe in particular several of the most fundamental rights that concern physical and psychological integrity: the right to life, the prohibition of torture and ill treatment, the prohibition of slavery and servitude, the right to liberty and security, and the recognition as a person before the law. Within these rubrics, some quite specific issues are addressed including the resort to capital punishment and other extreme penalties, the criminalisation of genocide, and the imposition of medical treatment. The references to dignity in the Universal Declaration of Human Rights appear to make up for the absence of any recognition of a supreme being,

Equality and the right to education: let’s talk about sex education

2018 ◽  
pp. 111-128
Author(s):  
Meghan Campbell
Keyword(s):  
Human Rights ◽  
Health Education ◽  
Gender Equality ◽  
Sex Education ◽  
Gender Norms ◽  
The State ◽  
Fundamental Rights ◽  
Right To Life ◽  
Right To Education ◽  
The Right

This chapter addresses the challenges girls face in accessing human rights-based sex education. Sex education sharply brings into focus the discriminatory gender norms that influence and undermine a girl's right to education and the accountability challenges that are becoming increasingly pervasive throughout all of education. The Convention on the Elimination of Discrimination Against Women (CEDAW), the prominent legal instrument on women's rights, offers new ways of conceptualising and addressing these challenges. There are specific obligations referring to sex education in the treaty and most importantly there is a positive obligation on the state to provide sex education to fulfil the fundamental rights of girls and women. Indeed, sex education is a necessary measure to ensure girls and women's right to life, health, education, gender equality, and freedom from violence.

scholarly journals Domestic and family violence based on the novel “Purple hibiscus” and on the “Maria da Penha vs. Brazil” case

2020 ◽  
Vol 6 (1) ◽  
pp. 275-302
Author(s):  
Gabrielle Bezerra Sales Sarlet ◽  
Adriana Dornelles Farias
Keyword(s):  
Human Rights ◽  
Human Person ◽  
Fundamental Rights ◽  
The Novel ◽  
Legal Doctrine ◽  
Interdisciplinary Dialogue ◽  
Federal Constitution ◽  
Women And Children ◽  
Law In Literature ◽  
The Right

This article is an application of the methodology Law in Literature, with bibliographic research. It develops the concept of education in Human Rights, based on the dignity of the human person, the right to non-discrimination, and the general principle of equality in law, all ideas acknowledged by the Brazilian Federal Constitution of 1988 and the current norms in the context of family and domestic violence in Brazil. It presents an interdisciplinary dialogue between the legal doctrine and the novel "Purple Hibiscus", in attempt to map the main actions applied in Brazil by the Interamerican Human Rights System in the Maria da Penha case. Thus, it is possible to establish an exchange between human and fundamental rights, through inclusion policies, information sharing and empowerment, especially regarding women and children.

scholarly journals Hak Asasi Manusia Dalam Islam

2018 ◽  
Vol 13 (2) ◽  
pp. 261-284
Author(s):  
Hafniati Hafniati
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Human Beings ◽  
Right To Life ◽  
World Community ◽  
The World ◽  
The Right

Human rights are fundamental rights that are inherent in human beings and cannot be eliminated by humans, not by someone, organization or anything but purely a gift from Allah SWT. Muslims must be aware of and understand the rights they have as stated in the Koran. Al-Qur'an as the first source of law for Muslims has laid the basic foundation of human rights and truth and justice, long before any thoughts about it arose in the world community. This can be seen in the provisions contained in the Qur'an, among others: the Right to Life, the Right to Freedom, the right to gain knowledge / education, the right to self respect and the right to possess. In the context of Indonesian-ness, Human Rights found its relevance if it was built based on the orientation of the maqasid as-syari'ah (the basic objectives of sharia), namely to realize and maintain the goodness and prosperity of society. the interests of society, this became known as mashlahah ‘ammah.

scholarly journals The Contemporary Conception of Human Rights: Between Concepts, Foundations and Distinctions

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Francisco Cleiton Silva Paiva
Keyword(s):  
Human Rights ◽  
International Law ◽  
Human Person ◽  
Second World War ◽  
Fundamental Rights ◽  
World War ◽  
Federal Constitution ◽  
Review Study ◽  
The Right ◽  
Second World

This work aims to present and discuss the contemporary conception of human rights theory.Based on the defense of the dignity of the human person, human rights are the result of conquests throughout history, having taken effect in the international order since the end of the Second World War, when the United Nations (UN) promulgated the Universal Declaration of Human Rights. Human Rights, in 1948, when this document became the normative framework for humanitarian protection worldwide. The aforementioned Declaration provides for a set of rights belonging to every human person, regardless of nationality, race, sex, religion or any other characteristic. Among these rights are the right to life, freedom, food, work, among others, which underpin a dignified existence. In contemporary theory, although there are various ways of designating human rights, such as “human rights","individual rights","fundamental rights", “natural rights", among others, these expressions have the same meaning. However, the majority doctrine essentially distinguishes two terminologies as to its scope: “human rights”, which are used to define the rights established by international law; and “fundamental rights”, which corresponds to those referring to the rights recognized and affirmed by the States, as occurs in Brazil, in the text of the Federal Constitution of 1988. In methodological terms, this article deals with a review study, categorized as qualitative (as to nature), descriptive (as to objective) and bibliographic (as to object) research.

Recognition of a Person’s Rights and Ethical Fulfilment

2017 ◽  
Vol 4 (3) ◽  
pp. 33
Author(s):  
Vereno Brugiatelli
Keyword(s):  
Human Rights ◽  
Self Esteem ◽  
Private Life ◽  
Fundamental Rights ◽  
Ethical Life ◽  
Institutional Conditions ◽  
Level I ◽  
The Right ◽  
Forms Of Violence ◽  
Desperate Attempt

Man's ethical fulfilment often faces objective obstacles in the deprivation of rights. The negation of the recognition of certain fundamental rights, or worse, the radical misrecognition of man, which translates into different forms of violence, often artfully disguised both on an individual and collective level, produces devastating consequences in the private life of a person upsetting all forms of positive self-esteem. The recognition of human qualities, accompanied by the right to express and extend them, is an integral part of the ethical life of each individual and, at the same time, constitutes a fundamental moment in the construction of a responsible civilized community. In this dissertation, I aim to analyse the connection between ethical life and human rights in order to draw attention to the repercussions that the recognition and misrecognition of liberty produce with regard to man's ethical fulfilment. From this perspective, I intend to highlight the importance of the existence of favourable juridical and institutional conditions to ensure ethical fulfilment. At this level, I will underline that the deprivation of capabilities is often the main cause of the profound sense of discontent affecting individuals in their desperate attempt to realise a type of existence which corresponds to their ambitions.

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