scholarly journals Сriminal Law Protection of the Autonomy of Patients in Ukraine. Part 1

2021 ◽  
Vol 30 (4) ◽  
pp. 373
Author(s):  
Sofiya Likhova ◽  
Marek Mozgawa

<p>The article aims to analyze the phenomenon of “patient’s autonomy” as an object of criminal law protection. Patients’ autonomy is one of the most important rights. Respect for it is one of the factors ensuring the correct treatment process. The article is divided into two parts. In this part, the authors analyze the legal acts of Ukraine, which regulate the process of providing medical services and guarantee patients’ right to autonomy. The authors discuss, i.a., the issue of the patient’s consent to medical interventions or the right to information about his or her state of health. They also point to statistics on offences committed by medical staff members in connection with their professional activities. Furthermore, they point out that the problem of violation of patient’s autonomy should be looked at not only from the legal but also from the social point of view. This applies to the patient–medical relationship, in which the doctor plays a leading role. Moreover, the content of these relations lies not only on the professional but also on the bioethical level.</p>

Author(s):  
Yevhen Nakhlik

The article draws a parallel between P. Kulish’s and I. Franko’s disposition to the age-related ideological autorevision. It is argued that, experiencing evolution of the worldview and creative work, revising his own early radical social impulses caused by the ‘national radical stage’ (Franko’s definition) of liberation movement in Halychyna, mature Franko in 1896 – 1907 got closer to the views of P. Kulish, especially those of the late period of his life (1874 – 1897). Like the latter, Franko defended the right to worldview evolution and changing views. These typological coincidences consisted also in the movement from the center-left forces to the right-centered ones; the transition to the primacy of the national idea over the social one; the drastic national self-criticism and simultaneous emphasis on the nation-building and state-building; gradual reorientation from the idea of social revolutionary development of society to evolutionary progress and moderate “means and ways of acting and speaking” (as Franko called it); the warnings against admiring communist illusion, against ochlocracy; and, finally, in the focus on the leading role of the nationally conscious Ukrainian intellectuals in the liberation struggle. Ideological and formal parallels between Franko and Kulish were revealed not only in the letters and journalism, but also in Franko’s practice of grounding his works on the materials of the national, biblical and Christian history and mythology (i. e. literary historicism and mythologism, focused on the present, the future and the author’s personality; symbolic autobiography). From this point of view it is worth to compare:  “Pisnia Budushchyny” (“Song of Future”) – “Try Braty” (“Three Brothers”); “Pokhoron” (“Funeral”), “Ivan Vyshenskyi” – “Velyki Provody” (“Great Farewell Procession”), “Marusia Bohuslavka”, “Dramovana Trylohiia” (“Drama-like Trilogy”); “Moisei” (“Moses”) – “Mahomet i Khadyza” (“Muhammad and Hadiza”), “Duma-Perestoroha, Velmy na Potomni Chasy Potribna” (“Warning Refl ections that will be Needed in Future”); “Strashnyi Sud” (“The Last Judgement”) – “Kulish u Pekli” (“Kulish in Hell”); “Slavianska Oda” (“Slavic Ode”) – “Tsarski Slova” (“Royal Words”).


Author(s):  
Elena Unguru

Social work acts at within the public and private fields. From an ethical point of view, the first one is governed by the society's right to information and the social worker's obligation for transparency. The second one is the beneficiary's right to private life and the social worker's obligation of confidentiality. The two sets of competing rights and obligations define the dual nature of social work to act both in the public sphere, as well as the private one. Starting from the case of Tarasoff, the American instances stated that the obligation of the therapist to protect the possible victims is a priority to that of confidentiality. The current chapter follows the meaning of this obligation in the practice of social work, as well as the clarification of the importance and limits of applicability of the principle of confidentiality in social work.


2020 ◽  
Vol 26 (10) ◽  
pp. 51-59
Author(s):  
S. Kononov ◽  

The article is devoted to the analysis of the problems of a social security modern discourse formation in the framework of a philosophical discussion of the transformation processes of the formation vector of the state security policy. The task of the article, according to the author, is to present the problem of security in conditions when it ceases to be understood, as a concept associated with the idea of preserving the integrity of a state or nation, and functions as a phenomenon with the broadest possible social parameters. Using the methodology of phenomenological, hermeneutic and comparative analysis, the new areas of security research, common difference of which is social and personal orientation are analyzed. The author pays attention to the features of the methodology of works reflecting the point of view of the modern state, works related to the development of a systematic approach to security, works based on an axiological approach and concludes that, despite the expansion of security interpretations, all these approaches retain a common ideological foundation. presupposing the need to preserve the leading role of the state in the field of social security, including the security of the individual and society and the state. All these approaches are based on the policy of responding to emerging threats to the Russian state and do not reflect the needs of a comprehensive strategic goal-setting covering the sphere of socio-economic development of the social system. This circumstance, according to the author, leads to the formation of a security strategy that exists only in the name of protecting the state and does not imply feedback between the state and the social institutions that the state is going to protect, which leads to the ineffectiveness of modern protection measures and the need to find new ways to justify the need for this protection, a new definition of its content and essence


2017 ◽  
Vol 6 ◽  
Author(s):  
Desire Chiwandire ◽  
Louise Vincent

Background: South Africa’s Constitution guarantees everyone, including persons with disabilities, the right to education. A variety of laws are in place obliging higher education institutions to provide appropriate physical access to education sites for all. In practice, however, many buildings remain inaccessible to people with physical disabilities.Objectives: To describe what measures South African universities are taking to make their built environments more accessible to students with diverse types of disabilities, and to assess the adequacy of such measures.Method: We conducted semi-structured in-depth face-to-face interviews with disability unit staff members (DUSMs) based at 10 different public universities in South Africa.Results: Challenges with promoting higher education accessibility for wheelchair users include the preservation and heritage justification for failing to modify older buildings, ad hoc approaches to creating accessible environments and failure to address access to toilets, libraries and transport facilities for wheelchair users.Conclusion: South African universities are still not places where all students are equally able to integrate socially. DUSMs know what ought to be done to make campuses more accessible and welcoming to students with disabilities and should be empowered to play a leading role in sensitising non-disabled members of universities, to create greater awareness of, and appreciation for, the multiple ways in which wheelchair user students continue to be excluded from full participation in university life. South African universities need to adopt a systemic approach to inclusion, which fosters an understanding of inclusion as a fundamental right rather than as a luxury.


Author(s):  
Irina Mikhailovna Kryuchkova ◽  
Anna Andreevna Ignatova

Power is a heavy, but great cross, which not every person is capable of carrying. It is both the right to decide the fate of the country and people, and a great responsibility. This is the choice to serve one’s people, accompanied by numerous trials and overcoming of considerable life challenges. With the words «power» or «ruler», we see the image of a person endowed with a life grasp and willpower, who always retains a fi rmness of mind and is not afraid to oppose anyone. If he is gifted with the talents of a commander, strategist, politician and diplomat, the power is often able to shift all spiritual values to the background, and to put forward material desires and the possibilities of their realization. That is why, with all the fullness of one’s power, it is important to remain a virtuous, merciful and humane person. However, history shows that even in our Orthodox land such statesmen are very rare. Alexander Nevsky is a striking example of a great, humane and just ruler. A great number of works of both church and secular nature have been written about the noble knyaz. Meanwhile, his outstanding personality will not cease to attract attention, and after hundreds of years, this topic will always be relevant to us, especially from the point of view of the social orientation of his activities.


2018 ◽  
Vol 19 (1) ◽  
pp. 45-68
Author(s):  
Harold Sougato Baroi ◽  
Shawkat Alam ◽  
Carlos Bernal

Legal implementation has always been a challenge in Bangladesh. The Right to Information Act 2009 (the RTI Act) was introduced in Bangladesh with the objective of ensuring people’s access to government information for improving accountability and empowering people to participate in decisions that shape the social, economic, and political aspects of their lives. However, this article suggests that there has been no significant improvement in accessing government information despite the enactment and the strategies for the implementation of the RTI Act. Most citizens are unaware of their legal entitlements to seek and receive information. Only a small number of applications have been registered with public offices since the RTI Act was introduced in 2009. The article argues that one of the main reasons behind the lack of improvement is that the chosen implementation approach fails to engage the public to exercise their right to access information related to government services. This article claims that a proactive and deliberative approach to information disclosure is a much better alternative to the current scheme for implementing the RTI Act.


Author(s):  
Lorin Niculae ◽  
◽  
Ana-Dora Matei ◽  
Alecsandru Vasiliu ◽  
◽  
...  

„House of Dawn” is the name of a project pertaining to the Arhipera trademark. It follows the same line of action of the group, namely the practice of social participatory architecture. The project concentrates on assuming the human capital that is in the limit situation of privation of shelter and tries to integrate it in a program that involves qualification and professional conversion in the construction field; the goal of the program is the „overnight” building of a minimal dwelling. The solutions for this category of persons in state of difficulty, situated at the extremity of the society, entails the configuration of varied typologies of minimal evolutive dwellings; as in the previous projects, the solutions aim at a democratic architecture obtained by using the „bottom‐up” model. In addition, the project proposes an ecological approach of the design, a durable development of the dwellings and puts a strong emphasis on the sustainability. From a topological point of view, the plots for building the dwellings for the homeless people will be connected with the existent urban tissue in order to achieve the social integration of the participants in the program; the choice of the plots focuses on unconventional spaces with regard to social habitation. A possibility that has been carefully considered from scratch is the reprocessing of unused urban spaces, including the recycling of the initial architectural function. Through the manifest of this program we propose the conversion of certain unfinished spaces of the totalitarian architecture of The People’s House/The Palace of Parliament into spaces for social dwellings destined for unsheltered people. In this particular case, the architectural recycling transforms the Totalitarianism into democracy and restores The People’s House to the people itself. The project is based on the norms of common law regarding the right to occupy the space meant for habitation. A family that is able to erect a house overnight on a plot on which it has no rights to is dignified to inhabit the respective space and proves to be useful from a social and economic point of view to the community that accepts it. The idea of the project is also sustained by a program of social integration of the beneficiaries and their inclusion in the labor market. The implementation of this type of social architecture is defined by efficiency, adaptability and flexibility and it’s centered both on the consolidation of the communitarian potential and on dwelling as an essential dimension of the humans. At the border of day and night, at the intersection of two spaces placed at the extremes, the Arhipera projects speak about opening the limit and abolishing it.


Author(s):  
Tatiana Medvednikova

The purpose of the article is to analyze and develop stylistic features of L. Beethoven's sonata cycle for a more accurate reproduction of the play's dramaturgy. The following research methods are used in the work the next. There are historical and cultural approach (research and analysis of works dedicated to L. Beethoven's creative heritage); method of comparative style analysis and general system-structural approach (comparing the problem of the era and its development); the traditional method of source studies as a historical discipline (the work is based on existing sources). Scientific novelty is to identify the peculiarities of creativity and specific performance of works by L. van Beethoven, from the point of view of the contemporary performer, characterizing the attitude of the composer to accurate performance, classification of means of expression and their use precisely when performing works on the piano. Conclusions. From the very beginning of the work on the sonatas, the pianist should pay attention to the stylistic features of the performance of Beethoven's sonatas. Taking a leading role in the study of the author's text, stylistics gives the work a unique sound, and the skill and the right approach maximize the performer of the playwright's reproduction of the play. Getting acquainted with Beethoven's sonatas requires a meticulous attitude to the applicative, dash dynamic notes and pedalisations written by the composer himself. The unity and interaction of the means of musical expression, such as: dynamics, fingering, pedaling and strokes, plays a special role in the performance of L. Beethoven's sonata cycle and brings the pianist closer to the most accurate transmission of the composer's creative intent. Condemning the carelessness of the execution of the author's instructions, Beethoven requires not only accurate, but above all expressive of their execution. Thus, the composer draws the artist's attention to their content.


Author(s):  
Emmanuel Beaubatie

Who Has the Right to Study Gender and How ? Reflections on the Situated Point of View and the Categorisation of Sex Based on a Mixed Method Study of Trans People. Trans people are often reticent when it comes to research. Looking back over a mixed method study, this article analyses the causes of this phenomenon. There are two main reasons for trans people’s distrust. The first relates to expert opinion and more specifically the point of view of professional experts, insofar as trans people have often already been objectivized by non-trans medical and legal experts. The second concerns the categorisation of sex. Some people do not recognise themselves in the man/woman binary applied by professional experts. However, the trans population is heterogeneous: criticism and refusal to participate were more common with certain social profiles than others, varying according to sex assigned at birth, age, generation, and level of education. By paying attention to this plurality, this article provides avenues for allowing researchers to navigate the trans field and also contributes to reflections on the situated point of view and the categorisation of sex in the social sciences.


2019 ◽  
Vol 11 (11) ◽  
pp. 31-43
Author(s):  
Fredy Andrés Cruz - Vega ◽  
Luz Eliana Figueroa - Granados

The research makes it possible to recognize the judgments of the users who are enrolled in the zero to always family modality and, in turn, establish the relationship they give to the program in the training of their children. The use of qualitative research for this proposal contributes or it establishes the relationship of describing and giving points of view to problems of the social educational and experiential context, the primary objective was to determine the degree of use by users of the program from zero to always family modality, in the municipality of Pamplona. It can be said that the application of this research contributes in part to diagnosing from a personal point of view the impact generated by the program in the training of minors, evidencing in it the theoretical, political and real positions in order to make them aware of the importance of training of children. The instruments used for families in certain rural areas who are the objects of study were semi-structured interviews; validated by experts from the area, they managed to produce key information for the analysis and triangulation. Thanks to the analysis units and the categories established in the interview, it was possible to focus and provide solutions to the objectives set, demonstrating the perception that the beneficiaries of the program of zero They always have in relation to the operation in rural areas of Pamplona. With the information obtained it is clear to establish the conformity of the operation of the program in terms of the role of care for families, the training of minors and the integration of society is thus how the show is getting on the right tide.


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