scholarly journals A Discriminação Inversa pelo Contributo de Dworkin

2021 ◽  
Vol 13 (13) ◽  
pp. 71-88
Author(s):  
Lorena Moura Barbosa de Miranda ◽  
Artur Cortez Bonifácio
Keyword(s):  
Affirmative Action ◽  
Rule Of Law ◽  
Human Dignity ◽  
Reverse Discrimination ◽  
Racial Awareness ◽  
Constitutional Rule ◽  
The Face ◽  
The Right ◽  
Collective Dimension

The purpose of this paper is to reconstruct Ronald Dworkin’s arguments about affirmative action applied by Universities, policies as measures capable of diminishing long-term racial awareness as a factor of negative discrimination, and to effectively fulfill human dignity in its collective dimension, in the face to concrete cases before the Northern Supreme Court-American. This is an explanatory research, in which we intend to answer questions related to the efficiency in the practical applicability and legality of reverse discrimination measures, before a Constitutional Rule of Law, that is willing to protect and guarantee the right to equality, not only through as a jurisprudential analysis.

scholarly journals Dry-air and long-term water (thermally indifferent) baths for the treatment of chronic nephritis

1907 ◽  
Vol 7 (11-12) ◽  
pp. 25-56
Author(s):  
R. Undrintsev
Keyword(s):  
Shortness Of Breath ◽  
Dry Air ◽  
Lower Back ◽  
Chronic Nephritis ◽  
The Face ◽  
The Right

Case IV. Patient M.K., 28 years old, a peasant. Was admitted to the clinic on September 15, 1906 with complaints of a strong cough with abundant discharge of either colorless, or dull yellow, or greenish sputum, severe shortness of breath, which allows the patient to sleep only on the right side, on prickly fingers legs and up to the lower back , when the legs cool down, on the swelling of the face, penis, scroti and legs. With movement, shortness of breath increases, and heartbeat begins.

scholarly journals Prisoners' right to education: A philosophical survey

2014 ◽  
Author(s):  
John Vorhaus
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Point Of View ◽  
Respect For Persons ◽  
Human Right ◽  
Right To Education ◽  
The Face ◽  
The Right ◽  
International Conventions ◽  
And Training

Article 26 of the Universal Declaration of Human Rights declares: 'Everyone has the right to education.' This implies that the right to education and training applies to all persons, including all persons in prison. This position is considered here from a philosophical point of view and it will receive some support. Yet it is not obvious that the position is correct, nor, if it is, how it is best explained. I will examine the basis for asserting a right to education on behalf of all prisoners, and consider what is required by way of its defence in the face of common objections. I illustrate how international conventions and principles express prisoners' right to education, and I look at how this right is defended by appeal to education as a means to an end and as a human right – required by respect for persons and their human dignity.

scholarly journals Non-universal Human Rights? How Article 6 (2) of the International Covenant on Civil and Political Rights Undermines Human Rights

2020 ◽  
Vol 9 (1) ◽  
pp. 99-117
Author(s):  
Billy Holmes
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Human Dignity ◽  
Final Section ◽  
Political Rights ◽  
Right To Life ◽  
Universal Human Rights ◽  
Civil And Political Rights ◽  
The Right

Article 6 of the International Covenant on Civil and Political Rights facilitates inequality regarding the imposition of the death penalty and thus, it cannot ensure universality for the protection of the right to life. Paragraph two of this article states: ‘sentence of death may be imposed only for the most serious crimes.’ This article argues that the vagueness of the phrase ‘the most serious crimes’ allows states to undermine human rights principles and human dignity by affording states significant discretion regarding the human rights principles of equality and anti-discrimination. The article posits that this discretion allows states to undermine human dignity and the concept of universal human rights by challenging their universality; by facilitating legal inequality between men and women. Accordingly, it asserts that the implications of not expounding this vague phrase may be far-reaching, particularly in the long-term. The final section of this article offers a potential solution to this problem.

scholarly journals The Rule of Law, Fair Trial and Human Dignity: The Protection of EU Values After LM

2021 ◽  
pp. 431-442
Author(s):  
Catherine Dupré
Keyword(s):  
Rule Of Law ◽  
Human Dignity ◽  
Judicial Independence ◽  
Fair Trial ◽  
Mutual Trust ◽  
The Rule Of Law ◽  
The Right ◽  
The Relationship ◽  
The Eu

AbstractThe 2018 CJEU ruling in LM highlighted the importance of judicial independence for the rule of law and protection of the right to fair trial. In so doing, the judgment raised problematic questions about the relationship between Article 2 values and the EU Charter rights, and their connection with mutual trust. This chapter considers these issues through the lens of human dignity, which is both the first foundational value under Article 2 and the first right in the EU Charter. By discussing how the LM judgment raises the constitutional status of the right to a fair trial, this chapter argues that a focus on human dignity could effectively link Article 2 values with EU Charter rights and facilitate assessment of their respective breach.

scholarly journals Unveiling the Meaning of Social Justice in Colombia

2017 ◽  
Vol 1 (20) ◽  
pp. 27
Author(s):  
Carlos Andrés Pérez Garzón
Keyword(s):  
Social Justice ◽  
Distributive Justice ◽  
Rule Of Law ◽  
Human Dignity ◽  
Social Rule ◽  
History Of ◽  
Mandatory Rules ◽  
The Right ◽  
Constitutional Discourse

Through the presentation of the history of social justice in global constitutional discourse, this article aims to demonstrate that, although in Colombia there is not a constitutionalized purpose or principle of social justice, as in other countries, the modern notion of distributive justice, also called social justice today, is implicit in the Constitution of 1991 because it enshrined as mandatory rules the three main elements of its meaning at the time of its promulgation: the principle of social rule of law, the principle of human dignity and the right to a material equality. Thus, in Colombia social justice must not be understood in the Aristotelian sense of distributive justice but in accordance with these three elements, and can only be achieved if they are fulfilled.

Regspraak: Die konstitusionele hof verwyder die reg van werknemers om nie onbillik ontslaan te word nie uit die beskermingsveld van die handves van regte – grondwetlike gesigspunte

2021 ◽  
Vol 2021 (1) ◽  
pp. 145-159
Author(s):  
IM Rautenbach
Keyword(s):  
South African ◽  
Rule Of Law ◽  
Human Dignity ◽  
Constitutional Rights ◽  
Bill Of Rights ◽  
The South ◽  
The Rule Of Law ◽  
Stop Sign ◽  
The Right ◽  
Special Rights

Section 39(2) of the Constitution of the Republic of South Africa, 1996, recognises the existence of rights not protected in the bill of rights. The South African bill of rights protects human conduct and interests extensively. Before the AMCU judgment was delivered, no clear example of a right not protected by the bill of rights had been identified in case law and legal literature. In the AMCU case the constitutional court deviated from previous judgments by holding that the interests of employees not to be dismissed unfairly is not covered by the right to fair labour practices in section 23(1) of the constitution. The court based its finding on textual and contextual interpretive considerations. Its interpretation of section 23(1) was not sound. A narrow, grammatical approach, namely that the text of section 23(1) does not refer expressly to such a right, cannot be followed when the meaning of open-ended constitutional phrases like “fair” labour practices is determined. And an extra-textual reference to the protection of the right in ordinary law is not relevant when the meaning of a constitutional provision is determined. Aspects of human dignity and physical and psychological integrity cannot be removed from the protective ambit of the bill of rights because they are protected by ordinary rules of the law of delict and criminal law. Viewed contextually with the other provisions of the bill of rights, the constitutional right to fair labour practices, like the right to access to housing, food, health and social services, children’s rights and criminal and civil procedural rights, protects other constitutional rights in a particular field, in this case in the field of labour relations. Apart from the fact that it can hardly be contested that every employee has a vital interest not to be dismissed unfairly, many other rights, for example, to human dignity, physical and psychological integrity, economic activity, association and audi alteram partem, may be limited factually by dismissals and dismissal procedures. The scheme and ethos of the South African bill of rights is that these special rights that overlap with the general rights are guaranteed separately. Within this context one of the ironies of the artificial exclusion of a right from the protective ambit of the special right is that its violation may, like in systems without these special rights, be challenged on the basis of the unjustifiable limitation of the general rights. A rule of thumb that the protective ambit of constitutional rights should be interpreted restrictively because the application of the weak rational relationship test as part of the rule of law serves the separation of power principle better than the application of the stricter reasonable test for the limitation of constitutional rights (in the separate concurring judgment of Theron J) is questionable. Whereas legality as part of the rule of law is always complied with when the weak rationality relationship exists, reasonableness in terms of section 36 does not always amount to the application of a stricter test. The existence of a very compelling purpose (to combat a pandemic that threatens life and limb) or a factually slight limitation of a right (to stop at a stop sign) could be the basis of a conclusion that the limitation is justifiable when the weak rational relationship test is complied with. The court’s consideration of proportionality under the umbrella of the application of the weak rational relationship test causes more uncertainty in the present somewhat unruly field of the application of rationality tests.

scholarly journals INTRODUCTORY NOTES ABOUT THE RIGHTS OF PEOPLE WITH DISABILITIES IN THE CONTEXT OF THE COVID-19

2020 ◽  
Vol 6 (3) ◽  
pp. a8en
Author(s):  
Thaís Kristosch Imperatori ◽  
Felipe Portela Bezerra
Keyword(s):  
Civil Society ◽  
Human Dignity ◽  
Research Methodology ◽  
People With Disabilities ◽  
Right To Life ◽  
Brazilian State ◽  
The Face ◽  
The Right ◽  
Population Segment

The reflections presented in this article discuss the guarantee of the right to life for all, granted by the Brazilian State, recognizing the specificities of people with disabilities in the context of the Covid-19 outbreak. The research methodology analyzes public statements and notes from councils and entities of civil society that defend the rights of people with disabilities in the face of threats during a pandemic. It is observed that this population segment becomes more vulnerable to contracting coronavirus and its implications. The mobilization of civil society to defend the guarantee of the right to life and human dignity is highlighted.

scholarly journals Getting some reality into debates about NBN FTTP

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Robin Eckermann
Keyword(s):  
Rural Areas ◽  
Lower Cost ◽  
Next Generation ◽  
Short Term ◽  
Hybrid Fibre ◽  
The Face ◽  
Practical Factors ◽  
The Right ◽  
Hfc Networks

Sentiment about fibre-to-the-premises (FTTP) runs hot in Australia, fuelled by the NBN initiative for Australia's next generation of broadband.  Unfortunately most of the debate is ill-informed, focusing on plumbing rather than the uses to which the network may be put. The base of users subscribing to the higher speeds made possible by FTTP is limited right now, and much of their communication will be speed-limited by constraints outside of the NBN FTTP segment.  In addition, a growing proportion of Australians choose to operate entirely on mobile connections.  For all these reasons, the number of users who would benefit from FTTP in the short term is modest. The Coalition has proposed greater use of existing infrastructure – in particular, using fibre-to-the-node (FTTN)/DSL technology and potentially hybrid-fibre-coax (HFC) technology – to deliver an upgrade earlier and at lower cost.  In the face of cost pressures, it is likely that the original 93% FTTP target would be adjusted with greater use of wireless and satellite technologies in rural areas and the use of copper for the final link in multi-dwelling complexes.  More generally, there is no question that FTTN/DSL solutions can deliver good quality broadband, but further work will be needed to determine where this can be done cost-effectively.  Similarly, with appropriate upgrades, HFC networks can deliver next-generation broadband speeds.  When practical factors are taken into consideration, the gap between Labor and Coalition plans closes somewhat. Developing the best strategy for Australia needs to take cost into consideration, and there is scope for NBN Co to improve its performance in this area.  Any major cost blowout would have significant ramifications for broadband users and use in Australia.  If the rollout of FTTP is scaled back, users with a need may still get access on a user-pays principle – though the practicality of this has yet to be demonstrated.  Widespread FTTP remains the right long-term goal for Australia, but the approach for getting there needs to be finessed.

scholarly journals Constitution-Making in Bhutan: A Complex and Sui Generis Experience

2019 ◽  
Author(s):  
Venkat Iyer
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Parliamentary Democracy ◽  
The Rule Of Law ◽  
Modern Age ◽  
The World ◽  
The Face ◽  
Meaningful Role ◽  
Constitution Making

Abstract The tiny Himalayan kingdom of Bhutan, which had remained isolated from the rest of the world until the 1970s, embarked on a series of transformational reforms in the new millennium that included the replacement of the country’s century-old absolute monarchy with a parliamentary democracy and the enactment of a written constitution based on Western principles, such as the separation of powers and the rule of law. The ‘democratization’ process was unique, not least for the fact that the impetus for change came from the monarch, who pressed ahead with his modernization agenda in the face of palpable opposition from his people, arguing that popular democracy was the only viable way forward for Bhutan in the modern age. The process of constitution making involved the striking of a delicate balance between tradition and modernity and ensuring that the monarchy continued to play a meaningful role in the country’s affairs. This article argues that, although the process itself ran smoothly, it is too early to judge the durability and long-term success of Bhutan’s new constitutional arrangements.

scholarly journals Bioethics and Biolaw in the Vaccine against COVID 19 in Brazil

2021 ◽  
Vol 4 (3) ◽  
Author(s):  
Eliana Aló Silveira
Keyword(s):  
Legal System ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Human Being ◽  
Right To Life ◽  
Federal Constitution ◽  
Democratic State ◽  
Ethical Content ◽  
The Face ◽  
The Right

The pandemic that was caused by COVID 19 made the world rethink ethical principles, morals, and justice, but always side by side with science. Never has bioethics been thought of so much, as a science that aims to provide the ethical content so that the human being is treated with dignity in the face of scientific techniques that concern life. Bio law as a branch of legal science reveals itself as an indispensable branch to the legal system, to regulate and reconcile biotechnological advances with the principle of human dignity, founded on democracy and the defense of fundamental rights. In the international sphere, the right to life is foreseen in art. 4 of the 1969 American Convention on Human Rights, a document that was ratified by Brazil and comes from the regional system. In the Brazilian legal system, the provision is in article 1, clause III, of the Federal Constitution of 1988, which established human dignity as the foundation of the Democratic State of Law, also regulating, in article 5, the right to life. Starting from these guidelines that the human being should not be considered a "thing", or an instrument, the thought, even if philosophical, can lead to important conclusions in the field of scientific experimentation, especially with what has been happening in relation to the vaccines for COVID-19, that even if approved by a committee and following international protocols, one cannot guarantee with them the absolute protection of human dignity, principles of bioethics and fundamental human values. And, because of these discussions, the courts are urged to manifest themselves about the refusals of workers to be vaccinated.

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