scholarly journals Obaveza ljekara na pružanje medicinskih usluga v. prigovor savjesti u medicini

2021 ◽  
pp. 168-185
Author(s):  
Maja Čolaković ◽  

The patient's right to available and accessible healthcare is correlated with the physician's obligation to provide the appropriate medical services. More recently, in medical practice in several countries, there have been an increasing number of cases where physicians (and other healthcare providers) refuse to provide a specific medical service, referring to their religious and moral beliefs i.e. the right to conscientious objection. Do physicians violate their professional obligation to act for the benefit of the patient and provide the necessary medical services? Does this interfere with the patient's right to self-determination and his other rights? Does this lead to discrimination against patients and indirect imposition of physicians' moral and religious beliefs? These are just several questions raised in theory and practice due to the conscientious objection in medicine. This paper explores the doctrinal and legislative approaches of the right to conscientious objection in medicine in Europe and worldwide.

2013 ◽  
Vol 62 (2) ◽  
Author(s):  
Carlo Casini ◽  
Marina Casini

Il contributo esamina la sentenza della Corte Suprema di Cassazione n. 14979 del 2013 che ha per tema l’obiezione di coscienza all’aborto. Nella fattispecie, un medico ginecologo viene pesantemente condannato per aver fatto valere il suo diritto di sollevare obiezione di coscienza (previsto dalla legge 194/1978) per attività che secondo i giudici non sono coperte dall’obiezione di coscienza. Nella prima parte dell’articolo, gli Autori muovono osservazioni critiche riguardo alla particolare severità della sentenza e riportano la ricostruzione dei fatti così come emerge dalle indagini giudiziarie. Di seguito concentrano l’attenzione sul significato e l’estensione del concetto di intervento medico- chirugico in generale e abortivo in particolare, osservando che nella misura in cui un’attività, sebbene non rientrante nel “nucleo” dell’intervento, è programmata dall’inizio come fase conclusiva (tanto che se non vi fosse la certezza di effettuarla, non potrebbe neanche iniziarsi l’intervento) tale attività è parte integrante dell’intervento stesso e dunque, trattandosi di aborto, coperta da obiezione di coscienza. Rilevante ai fini di questa valutazione è l’evidente nesso di causalità che tiene in un tutto unitario i vari momenti che si susseguono cronologicamente. La questione squisitamente giuridica della revoca immediata dell’obiezione viene risolta alla luce della differenza tra l’eventuale accettazione preventiva e l’esecuzione dell’ordine imprevisto. L’aspetto comunque più significativo è legato all’interrogativo che fa da cornice a tutto il contributo: perché tanta avversione contro l’obiezione di coscienza sanitaria con riferimento all’aborto? La risposta si trova nella negazione esplicita o implicita, ma anche nella semplice dimenticanza, che il figlio è figlio sin dal momento del concepimento. “Il diritto di aborto – si legge nella sentenza della Cassazione – è stato riconosciuto come ricompreso nella sfera di autodeterminazione della donna”. Questo pensiero, sottolineano gli Autori, è espressione di una deriva che, avviatasi con la sentenza costituzionale del 1975, avanzata con la legge 194/1978 e gravemente consolidatasi con la pretesa del “diritto” di aborto, nasce dal rifiuto di porre lo sguardo sul figlio concepito e, di conseguenza, avversa l’obiezione di coscienza. Per questo c’è ancor più bisogno di ripetere, concludono gi Autori, che il fondamento e la tutela dell’obiezione di coscienza dipendono dal riconoscimento che il concepito è uno di noi. Interessanti anche gli spunti giuridici di livello internazionale. ---------- The article examines the judgement of the Supreme Court of Cassation n. 14979 of 2013 about conscientious objection to abortion. In this case, a gynecologist was heavily condemned for having asserted his right to raise conscientious objection (provided by Law 194/1978) for activities that according to the judges are not covered by the conscientious objection. In the first part of the article, the Authors criticize the particular severity of the sentence and report the reconstruction of the events emerging from the judicial investigations. Afterward they focus attention on the meaning and the extension of the concept of surgical intervention to understand what the boundaries are of an abortion. Whether a final activity is planned from the outset (so that if it were not sure to perform it, the intervention should not be started) this activity is an integral part of the intervention itself and, therefore, in the case of abortion, covered by conscientious objection. For the purposes of this evaluation, the Authors write, it is very important the clear causal link that takes into a unified whole the various moments that follow one other chronologically. The purely legal question of immediate withdrawal of the objection is resolved in the light of the difference between the possible preventive acceptance of the execution and the execution of an unexpected order. The most significant aspect, however, is tied to the question that frames the entire contribution: why so much aversion against conscientious objection with regard to abortion? The answer lies in the express or implied negation – but also in the simple forgetfulness – that the child is a child from the moment of conception. “The right to abortion – it is written in the Supreme Court’s ruling – has been recognized as coming within the sphere of women’s self-determination” This thought, the Authors point out, is an expression of a drift originally triggered by the constitutional ruling of 1975, then advanced with the Law 194/1978 and finally severely consolidated with the claim of “right” to abortion. Since this drift arises from the refusal to look at the child conceived, consequently it adverse conscientious objection. For this there is even more need to repeat, the Authors conclude, that the foundation and the protection of conscientious objection depends on the recognition that the unborn is one of us. The legal references on the international level are also interesting.


Author(s):  
Lauri Mälksoo

The aim of this article is to explore the theory and practice of the Soviet position on the right of peoples to self-determination in 1917 and afterwards. It is a misunderstanding to mention Lenin’s (the Bolsheviks’) and Wilson’s concepts of self-determination in one breath, as ‘precursors’ in international law. The Soviet concept of the right of peoples to self-determination was adopted for tactical and propagandistic purposes, and it had little in common with the liberal democratic concept of this right that saw the right of peoples to self-determination as an end in itself. The real contribution of the Russian Bolsheviks to the history of international law has, to some extent, been overlooked. Throughout the 20th century, the West and the ussr had different regional standards and usages of the right of peoples to self-determination, thus presenting a continuous challenge to the idea of the universality of international law.


2020 ◽  
Vol 7 (2) ◽  
pp. 195-215
Author(s):  
Brian-Vincent Ikejiaku

In practice, international law appears to have worked against those principles that accord the people of a State the right to economic self-determination, such as the principle of free choice in economic development. This paper argues that the exercise of the right to economic self- determination (particularly economic development freedom or free economic development) has been hampered, and has not been freely pursued in practice by developing countries, due to hegemonic control, economic exploitation and domination by the ‘powers that be’ within the international system. This research examines those principles of international law that accord the peoples of a State the right to free economic development, both in theory and practice; it also provides insights into legal policy implications and the prospects of international law in this area. This paper utilises the well-being and liberal-economic legal theoretical approaches, and interdisciplinary and critical-analytical perspectives, within the framework of international economic law and development.


Author(s):  
В.Д. Дзидзоев

В статье рассматривается, сложная проблема национального самоопределения народов. В современном международном праве, как известно, признаются два кардинально противоположных подхода к решению данной про блемы. Первый подход связан с территориальной целостностью государств, ко торая признается международным правом и уставом ООН, а второй с правом нации на самоопределение вплоть до отделения и возникновения нового незави симого государства. В то же время от влиятельных государств земного шара, а не от международного права зависит, признавать то или иное вновь образо вавшееся государство или не признавать. Классическим примером в этом плане служит Республика Косово, чью независимость признали США и другие государ ства, а независимость Абхазии и Южной Осетии признала РФ и еще несколько государств. The article deals with the complex problem of national selfdetermination of peoples. Modern international law, as we know, recognizes two radically opposite approaches to the solution of this problem. The rst approach is related to the territorial integrity of States, which is recognized by international law and the UN Charter, and the second to the right of a nation to selfdetermination up to the separation and emergence of a new independent state. At the same time, it is up to the in uential States of the world, not international law, to recognize a newly formed state or not to recognize it. Classic examples in this regard are the Republic of Kosovo, separated with the help of the United States, great Britain and other States from Serbia, as well as Abkhazia and South Ossetia, separated from Georgia. The independence of Kosovo was recognized by the USA and other States, and the independence of Abkhazia and South Ossetia was recognized by Russia and some other States.


2021 ◽  
pp. 343-359
Author(s):  
Howard Davis

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses Article 9, which establishes a general right to freedom of ‘thought, conscience, and religion’. The right to ‘manifest’ belief is ‘qualified’ in the sense that justified interferences are allowed. The duty of a court addressing an Article 9 issue is to decide whether there has been an interference, for which the state is responsible, that either restricts a person in holding religious beliefs or restricts the manifestation of belief. Manifestations of belief can be restricted if the restriction can be justified under the terms of Article 9(2). Important issues involving conscientious objection and the wearing of religious dress both in the context of employment and generally are considered in relation to justification. Article 9 can often be invoked in tandem with other Convention rights that also help to secure freedom of religion and belief.


2019 ◽  
pp. 97-137
Author(s):  
Rauna Kuokkanen

Indigenous self-government is the political theory and practice of the right to self-determination. It is a political arrangement that enables a group to govern themselves according to their own will and through their own institutions. This chapter considers the degree of Indigenous self-determination in the three regions through participant discussions. In spite of increasing participation of Indigenous women in formal politics and their involvement in self-determination struggles from the outset, literature and scholarship especially from a comparative perspective on Indigenous women’s views on self-government remains next to nonexistent. Yet there are a number of similarities globally between Indigenous women’s struggles for political voice, representation, and rights and against the imposition and internalization of colonial patriarchal policies and laws. This chapter fills the gap by examining Indigenous women’s views on the current efforts of implementing indigenous self-determination and the ways in which the efforts have a connection to the everyday life of individuals. It begins with Greenland, with the most extensive self-government arrangements, and concludes with the Sámi Parliaments, whose authority is largely limited to consultation with the state and administration of state funding to Sámi language and culture.


2016 ◽  
Vol 26 (1) ◽  
pp. 120-131 ◽  
Author(s):  
AARON ANCELL ◽  
WALTER SINNOTT-ARMSTRONG

Abstract:Paradigmatic cases of conscientious objection in medicine are those in which a physician refuses to provide a medical service or good because doing so would conflict with that physician’s personal moral or religious beliefs. Should such refusals be allowed in medicine? We argue that (1) many conscientious objections to providing certain services must be allowed because they fall within the range of freedom that physicians have to determine which services to offer in their practices; (2) at least some conscientious objections to serving particular groups of patients should be allowed because they are not invidiously discriminatory; and (3) even in cases of invidiously discriminatory conscientious objections, legally prohibiting individual physicians from refusing to serve patients on the basis of such objections is not always the best solution.


Animal Labour ◽  
2019 ◽  
pp. 91-115
Author(s):  
Charlotte E. Blattner

For scholars who specialize in animal labour, those rights and institutions include the right to remuneration, safe working conditions, retirement, medical care, and collective bargaining (Cochrane 2016). These rights flow quite naturally from the concept of animal labour and help us envision more just working relations with animals, but are they sufficient to ensure work is a place of happiness and meaning for animals? In the case of human workers, we claim to prevent their exploitation by acknowledging their right to freely choose their work and the concomitant prohibition of forced labour. Does the right to self-determination form part of the emancipatory project of ‘animal labour’, too? Should animals be able to decide whether they want to work or not, or what type of work they want to do? These questions form the centre of the first part of this chapter. In the second part, the author explains how animals’ right to self-determination could be secured at work, examining different models of dissent, assent, and consent and the best way to design these to secure animals’ agency, both in theory and practice.


2008 ◽  
Vol 29 (1) ◽  
pp. 1-24
Author(s):  
Rizal G. Buendia

This paper examines the concept, theory, and practice of the right to self-determination as applied in some countries. The secessionist movement in the Philippines led by the Moro Islamic Liberation Front (MILF) has focused and relied on the international community to support its struggle for a Bangsa Moro (Moro Nation) right to self-determination. However, the reality in the world state system is the protection of the state’s territorial integrity rather than its impairment. The paper argues that the internationally-recognized right to self-determination is a shaky promise of independence to nations and peoples who seek independence from the state. Unless the state addresses the fundamental grievances of Muslims in the Philippines in appropriate, relevant, and timely policies that substantially and tangibly work toward greater democracy, deeper participation, and better governance, secessionism as a political alternative cannot be completely disregarded as a final option.


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