scholarly journals The Constitutional Right to Health Protection in Belarus

2020 ◽  
Vol 13 (2) ◽  
pp. 217-236
Keyword(s):  
Right To Health ◽  
Health Protection ◽  
Legal Regulations ◽  
Legal Norms ◽  
Legal Principles ◽  
Fundamental Law ◽  
Constitutional Right ◽  
The Republic ◽  
The Right ◽  
Further Development

The article analyzes the constitutional right enshrined in the Fundamental law of the Belarusian state, its Constitution, - the right to health protection. The purpose of the research is to analyze the relevant legal regulations and the problems associated with implementing the right to health protection in the modern Belarus. The paper will examine the constitutional basis of the right to health protection in Belarus, its essence and nature, normative legal acts regulating the analyzed right, problems and prospects of its implementation in light of the current conditions of the Belarusian state. The author considers the constitutional legal principles and constitutional legal norms as the basis of the right to health protection and reveals the essence of the analyzed right. The conclusion substantiates the idea that detailed regulation of the right to health protection is carried out at the level of normative legal acts of the Republic of Belarus adopted by various state bodies. The state of realization of the right to health protection is determined by socio-economic, political and other factors. Identifying a number of problems related to ensuring the right to health protection, the researcher analyzes the prospects for its further development in the Republic of Belarus.

Konstytucyjne zasady postępowania karnego na tle orzecznictwa Polskiego Trybunału Konstytucyjnego

2017 ◽  
pp. 67-86
Author(s):  
Arkadiusz Krajewski
Keyword(s):  
Civil Rights ◽  
Social Factor ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Constitutional Tribunal ◽  
The Republic ◽  
Humanitarian Principle ◽  
The Right ◽  
Social Importance

The Constitutional Tribunal is defined as the Polish constitutional court and at the same time the judicial authority. It was created at the turn of 1982. Not long after that it began its jurisprudence; more precisely it was in 1986. Describing its basic tasks, it is pointed out that judicial review of so-called constitutional law deserves a closer look. This is particularly true about controlling the compliance of lower legal norms with higher legal norms. Here attention is drawn towards the connection of the Constitution with some international agreements, ie. the court of law. The purpose of the paper below was to analyze the constitutional principles of criminal proceedings in the context of the case law of the Polish Constitutional Court. At the beginning the concept, the division and the role of the constitutional rules of criminal procedure were presented. In this section, it was emphasized that all the rules of the criminal process are considered superior norms of a very significant social importance. Then the principle of objectivity, which is reflected in the Constitution of the Republic, was described. A following aspect was the discussion of the principle of the presumption of innocence and the principle of in dubio pro reo. It has been emphasized that the essence of the principle is that the person who was brought before the court is treated as innocent until a lawful judgment is pronounced against the defendant. The author also pointed out the principle of the right to defense. According to this rule, the defendant has the right to defend themselves in the process and to use the help of a defender. Another described principle is so-called rule of publicity. It concerns the fact that information about criminal proceedings should be accessible to the public. Then it was pointed to the principle of the right to the trial and the independence of the judiciary. The first one is reflected in national law and acts of international rank. The second shows that the independence of the judiciary is determined by the proper exercise of the profession of judge and becomes a guarantee of freedom and civil rights. The humanitarian principle and the principle of participation of the social factor in the penal process are shown in the final section. At the end of the paper a summary and conclusions were presented.

scholarly journals Pravo na palijativnu skrb za djecu u Republici Hrvatskoj

2020 ◽  
Vol 55 (2) ◽  
pp. 82-91
Author(s):  
Marina Milić Babić ◽  
Marina Hranj
Keyword(s):  
Palliative Care ◽  
Right To Health ◽  
Human Right ◽  
Her Family ◽  
Right To Health Care ◽  
Starting Point ◽  
The Family ◽  
The Republic ◽  
The Right

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.

Holding Peaceful Assemblies in the Republic of Kazakhstan: Rights of Citizens and Administrative Liability

2018 ◽  
Vol 9 (3(33)) ◽  
pp. 870
Author(s):  
Timur K. AVENOV
Keyword(s):  
Constitutional Law ◽  
General Characteristic ◽  
Legal Regulation ◽  
International Standards ◽  
Legal Norms ◽  
Foreign Countries ◽  
Legal Model ◽  
The Republic ◽  
The Right ◽  
Mass Events

The article considers the matters of constitutional and administrative-legal regulation of the right to peaceful assembly in the Republic of Kazakhstan (RoK) and a number of foreign countries. Since there is a lot of publications dedicated to the study of compliance of this legislation to international standards, the analysis has been conducted by the following criteria: the general characteristic of the right to freedom of assembly from the viewpoint of international and constitutional law standards, the principles of organization and holding of public assemblies, the procedure of organization of a public assembly and its holding, and the liability for breaching this procedure. The author shows that the current incoherence of legal norms in this area prevents from developing a unified legal model for administrative liability for breaching public order and safety when holding mass events. Based on the study of normative and research materials in administrative and constitutional law, legal principles and approaches to freedom of assembly in international law and the law of a number of foreign countries, the author proposes options to improve the conceptual framework of legislation concerning assembly and mass events, to formulate proposals that will allow efficiently and legally applying administrative liability for breaching the RoK law concerning the procedure of organization and holding of peaceful assemblies, rallies, marches, pickets and demonstrations. Primary provisions and conclusions of the article can be used in scientific and practical activity when considering issues of holding liable for offences infringing constitutional rights of citizens and the established procedure for organizing and holding peaceful assemblies, rallies, marches, pickets and demonstrations, and to reform the norms of legislation on administrative offences.

scholarly journals KONSTRUKSI REALITAS PEMBUBARAN FRONT PEMBELA ISLAM DAN DEMOKRASI

2021 ◽  
Vol 20 (1) ◽  
Author(s):  
Rina Sovianti
Keyword(s):  
Social Life ◽  
Community Organization ◽  
Treatment Recommendation ◽  
Development Communication ◽  
News Stories ◽  
News Source ◽  
The Difference ◽  
Constitutional Right ◽  
The Republic ◽  
The Right

This study aims to know the direction of democracy and know the framing of news in Republika.com and Kompas.com, as well as the implications of the dissolution of FPI to development communication. The uniqueness of this research, FPI is a mass organization with a large number of masses but does not have an organizational license. This study uses the paradigm of constructionism, which considers the reality of social life is not a natural reality. Using the Robert N. Entman method to frame news stories coming from Republika.com and Kompas.com. The difference in framing in Kompas.com media and Republika.com is the news source. Republika.com choose a news source from an Islamic background, while Kompas.com choose a news source who is competent in his field is not based on his religion. In the first framing analysis, the level of problem identification and causal interpretation, the two online media have similarities. However, in terms of moral evaluation and treatment recommendation both media have differences. In Republika.com researchers analyzed treatment recommendations is the rejection of FPI activities. FPI has no legal standing. Kompas.com, his treatment recommendation consideration of the dissolution of FPI is to maintain the existence of ideology and basic consensus of the state of Pancasila, the 1945 Constitution, the integrity of the Republic of Indonesia, and Bhinneka Tunggal Ika. Basically, the right to organize is a constitutional right. If there is no fundamental reason, the dissolution of a community organization should not exist. However, FPI is an organization that offers intolerance in the religious field. 

scholarly journals Violations of the Right to Health due to Limited Access to Protection of Health during the COVID-19 Pandemic in the Republic of Croatia and Possible Legal ImplicationsL

2021 ◽  
Vol 14 (2) ◽  
Author(s):  
Nina Mišić Radanović
Keyword(s):  
Health Care ◽  
Health System ◽  
Medical Research ◽  
Cancer Detection ◽  
Right To Health ◽  
Vulnerable Groups ◽  
The Republic ◽  
The Right ◽  
Harmful Effects ◽  
Legal Consequences

The battle against the COVID-19 pandemic is still the most important problem and a great challenge for the overburdened health system in the Republic of Croatia. This paper examines the research into how violations of humans’ right to health occurred due to the inaccessibility to health protection for uninfected persons during the COVID-19 pandemic. The research implemented showed that a system of anti-epidemic measures which completely suspended or significantly reduced the possibility to access primary and hospital health care, stopped preventive programs of cancer detection. Much medical research has already revealed the possible harmful effects to people's health in the increase in cases of the contraction of and death from cancer and other serious illnesses, particularly in relation to certain vulnerable groups for example, women and oncology patients. The author concludes that the right to access protection of health during the COVID-19 pandemic in the Republic of Croatia was significantly limited and analyzes possible legal consequences which could occur due to the suspension or limitation to the right to access health care as a violation of the right to health.

scholarly journals On the issue of the right of legislative initiative

2020 ◽  
Vol 4 ◽  
pp. 85-90
Author(s):  
Elmira Qazvinova ◽  
Keyword(s):  
Separation Of Powers ◽  
State Power ◽  
Political Rights ◽  
Basic Principles ◽  
The People ◽  
Democratic State ◽  
Legislative Initiative ◽  
Fundamental Law ◽  
The Republic ◽  
The Right

The Constitution of the Republic of Azerbaijan reflects all the basic principles that characterize a democratic state system. The fundamental law of our country states that the only source of power is the people, and also that the Republic of Azerbaijan is a democratic and legal state, and state power is based on the principle of separation of powers. It is gratifying to note that in addition to political rights, such as the right to elections and referendum, citizens have other opportunities to participate in the exercise of state power, one of which is the right of legislative initiative of citizens.

scholarly journals Migration in the Time of COVID-19—Policy Responses and Practices in Croatia Concerning the Western Balkan Routes and Readiness for the Post-COVID-19 Society in Which the Right to Health Care for the Most Vulnerable Is Guaranteed

2021 ◽  
Vol 3 ◽  
Author(s):  
Sunčana Roksandić ◽  
Krešimir Mamić ◽  
Robert Mikac
Keyword(s):  
Health Care ◽  
Asylum Seekers ◽  
Right To Health ◽  
Right To Health Care ◽  
Policy Responses ◽  
Response Team ◽  
The Republic ◽  
International Refugee Law ◽  
The Right ◽  
The Eu

This research article aims to provide answers on how COVID-19 pandemics influenced migration law, policy responses, and practices in Croatia, particularly concerning migrants on the Western Balkan route. Throughout the EU, governments have reinstituted border controls in the Schengen region and any “nonessential travel” to the EU has been suspended. In this study, it is analyzed whether asylum seekers have been denied entry in violation of international refugee law and whether immigration officers held detainees because of the risks posed by COVID-19 alongside Croatian borders. In addition, the study addresses the question whether and to what degree the COVID-19 pandemic influenced the overall approach toward migrants and their access to services, primarily the right to health care. Also, it is researched whether facilities for migrants and asylum seekers have appropriate health care and whether the measures imposed by the Croatian Institute of Public Health and by the National Emergency Response Team are respected when dealing with migrants. In addition, it is researched whether the EU, UN, and WHO policies and recommendation concerning COVID-19 and migrants, where applicable, are respected in the Republic of Croatia and whether specific policies concerning migrants and COVID-19 were introduced. All legislation, policy responses, and practices will be critically approached and examined. The text will make proposals for implementation of best practices and policy responses for migrants in the context of COVID-19. All statistical data that are necessary for this research are requested from the Ministry of the Interior of the Republic of Croatia.

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