scholarly journals "Adult Incapacity Law: Visions for the Future Drawn from the Unfinished Story of a New Subject with a Long History"

2021 ◽  
pp. 13-34
Author(s):  
Adrian Ward
Keyword(s):  
Human Rights ◽  
Wide Spectrum ◽  
Third Party ◽  
Roman Law ◽  
Maximum Effect ◽  
Full Time ◽  
Persons With Disabilities ◽  
The Subject ◽  
General Provision ◽  
Law Degree

In 1961 Adrian Ward was one of the first intake for the first full-time law degree in Scotland. He was enrolled as a solicitor in 1967 and practised for approximately 50 years. From 1976 he was gradually drawn into the subject of what is now known (in Scotland) as adult incapacity law, in which he became a national and then international expert. As his interest and involvement developed, so did the subject. However, although it is still a new subject, its history in law goes back to Roman law, and concepts from Roman law were central to leading cases in the development of the subject in which Adrian was involved. Attempts to protect the human rights of defined groups go back in Scotland to the 7th century, but there is fundamental conflict between the concept of universality of human rights, and according particular rights to defined groups. Violations of human rights often start with putting people into categories seen as “other”. A deliberately personalised lecture confronted the audience with personally witnessed human rights violations. Of the concepts defined in the UN Convention on the Rights of Persons with Disabilities, “reasonable accommodation”, though it attracts more attention, is always second-best to non-discriminatory solutions offered by “universal design”. Human rights must be translated into law, and law into practice. Existing law should be understood, used to maximum effect, and then if necessary improved. Measures for the exercise of legal capacity can be categorised as voluntary, involuntary, and third party, but need to recognise the reality that “capability” and “incapability” are the extreme ends of a wide spectrum. Such variations, and individual progressions through them, must be accommodated in general provision and in individual measures. Fundamental concepts of human rights and their progressive developments have driven progress to date, and enabled probable future trends to be identified.

scholarly journals La consulenza genetica in Italia: problemi, regole di consenso informato, trattamento dei dati genetici e privacy

2009 ◽  
Vol 58 (6) ◽  
Author(s):  
Marina Casini ◽  
Claudio Sartea
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Privacy Protection ◽  
Genetic Research ◽  
Genetic Data ◽  
Third Party ◽  
Professional Profile ◽  
The Subject ◽  
Access To Data ◽  
And Diffusion

Il contributo presenta una sintetica disamina di alcune delle questioni più rilevanti nell’ambito della consulenza genetica, dell’informazione e del consenso, della tutela della privacy in ordine al trattamento dei dati genetici, alle loro modalità di raccolta e conservazione degli stessi nonché in ordine alle loro modalità di comunicazione e diffusione. Si tratta sicuramente di uno degli ambiti di studio più complessi e densi. Esso nasce, come osservano gli Autori, dalla necessità di armonizzare le grandi promesse della ricerca genetica con l’esigenza di non ledere i diritti fondamentali della persona. Tale esigenza è particolarmente intensa poiché un uso inappropriato dei dati genetici, la loro incontrollabile divulgazione, o un accesso indebito da parte di terzi, possono danneggiare gravemente – sia sotto il profilo professionale, sia nella vita di relazione – il soggetto da cui provengono le informazioni. L’argomento viene trattato esaminando fonti normative e documenti attinenti soprattutto all’ordinamento giuridico italiano, ma non mancano riferimenti a normative comunitarie e internazionali. ---------- The contribution offers a synthetic examination of some of the most remarkable questions within genetic advice, information and consent, privacy protection for genetic data processing, formalities of collection and maintenance as well as for formalities of communication and diffusion of data. It is of course one of the more complex and dense circles of study. As the Authors observes - it derives from the necessity to harmonize the great promises of genetic research with the demand of the respect of human rights. Such demand is particularly intense since an inadequate use of genetic data, their uncontrollable spreading or an undue access to data from a third party, may seriously damage - both under the professional profile, and within the relational life - the subject from which information originate. The matter is dealt examining normative sources and documents connected above all to the Italian legal system, but there are references to community and international commumnity.

scholarly journals Los derechos humanos de las personas en situación de discapacidad en Colombia: estado actual y retos para el ejercicio profesional

2019 ◽  
Vol 2 (1) ◽  
pp. 48-58
Author(s):  
Tania Collazos Rodríguez
Keyword(s):  
Human Rights ◽  
First Century ◽  
Persons With Disabilities ◽  
Legal Instrument ◽  
Optional Protocol ◽  
Derechos Humanos ◽  
Protection Of Human Rights ◽  
The Subject ◽  
Twenty First Century

Este artículo presenta una revisión de distintos documentos tanto internacionales como nacionales en torno al tema de los Derechos Humanos de las personas con Discapacidad. Entre ellos:  La Convención sobre los Derechos Humanos de las personas con discapacidad, como el tratado más importante celebrado en el siglo XXI, en torno a la defensa y protección de los Derechos Humanos de cerca de un 10% de la población mundial; el Protocolo Facultativo como instrumento jurídico internacional adicional a la Convención, que permite que tanto los individuos y grupos de los Estados que lo hayan ratificado, puedan presentar sus denuncias y peticiones; y el informe emitió el Comité de la ONU respecto a la implementación del tratado en Colombia en el 2016.  El análisis de esta documentación plantea la urgencia de un cambio de paradigma acerca de la discapacidad en el país, y propone retos significativos desde la disciplina psicológica para el ejercicio profesional. Abstract This article presents a review of different international and national documents on the subject of the Human Rights of persons with disabilities. These include, the Convention on the Human Rights of persons with disabilities, as the most important treaty of the twenty-first century on the defense and protection of human rights of about 10 % of the world’s population; The Optional Protocol as an additional international legal instrument to the Convention,which allows individuals and groups of States that have ratified it to present their denunciations and petitions; and the report issued by the UN Committee on the implementation of the treaty in Colombia in 2016.

Light Side of Design: Professional Vector

2020 ◽  
pp. 23-33
Author(s):  
Elena A. Zaeva-Burdonskaya ◽  
Yuri V. Nazarov
Keyword(s):  
Professional Practice ◽  
Wide Spectrum ◽  
Scientific Basis ◽  
Design Culture ◽  
Interdisciplinary Nature ◽  
Educational Programmes ◽  
Design Activities ◽  
The Subject ◽  
Light Side

This article addresses one of the most actively developing types of design activities – light design. The article comprises quotes of the leading Russian and foreign light design specialists published over the previous five years, as well as the authors’ own conclusions. The thoughts quoted in the article are sometimes opposite to each other and reflect the wide spectrum of professional practice. They reflect the initial opinions of analysts and experts which are often diverging. All of the specialists point at the interdisciplinary nature of the new profession, which imposes additional load on a designer overloaded enough already by the scope and speed of the problems being solved nowadays. The discussion of the new profession of light designer initiated on the pages of professional publications is especially important in view of the development of professional standards and standards of design and architectural education, as well as creation of new educational programmes based on various approaches to the subject in technical and humanitarian institutions. The goal of this article is to introduce light design into the field of fully legitimate sections of design culture, to define the authentic scientific basis of the new creative profession, to initiate a foundation for self-determination of the new synthetic area, which materially affects the state of the profession as a whole and the life standards of a wide variety of consumers. In order to reach the set goal, a comparative and analytical method of study was selected, which allows studying the problem to a large extent and from all angles and finding the ways of overcoming the challenges emerging in the area of the new activity.

Without the Power to Drink or Contract

2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain
Keyword(s):  
Alcohol Consumption ◽  
Social Activity ◽  
Individual Responsibility ◽  
Roman Law ◽  
Current Position ◽  
Modern Times ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Over Time

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.

“The heart above the ruins”: Miriam Waddington’s Poetry, the Spanish Civil War, and Jewish Canadian Literature

1969 ◽  
Vol 26 ◽  
Author(s):  
Emily Robins Sharpe
Keyword(s):  
Human Rights ◽  
World War Ii ◽  
Civil War ◽  
Spanish Civil War ◽  
World War ◽  
Canadian Literature ◽  
The Earth ◽  
The Holocaust ◽  
The Subject ◽  
War Consequences

The Jewish Canadian writer Miriam Waddington returned repeatedly to the subject of the Spanish Civil War, searching for hope amid the ruins of Spanish democracy. The conflict, a prelude to World War II, inspired an outpouring of literature and volunteerism. My paper argues for Waddington’s unique poetic perspective, in which she represents the Holocaust as the Spanish Civil War’s outgrowth while highlighting the deeply personal repercussions of the war – consequences for women, for the earth, and for community. Waddington’s poetry connects women’s rights to human rights, Canadian peace to European war, and Jewish persecution to Spanish carnage.

Need of Human Rights as a Better Way of Life

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian
Keyword(s):  
Human Rights ◽  
Basic Needs ◽  
Research Paper ◽  
Human Being ◽  
Way Of Life ◽  
Labour Unions ◽  
The People ◽  
The Subject ◽  
Definition Of ◽  
Made In

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.

Human Rights Activities as a Function of the Prosecutor’s Office

2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
Main Function ◽  
Federal Law ◽  
The Subject ◽  
The Russian Federation ◽  
The Law

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.

The Laws of Hammurabi

2020 ◽  
Author(s):  
Pamela Barmash
Keyword(s):  
Eighteenth Century ◽  
Roman Law ◽  
Intellectual Culture ◽  
Biblical Law ◽  
Intellectual Tradition ◽  
Legal Principles ◽  
Copernican Revolution ◽  
The Subject ◽  
The Law

The Laws of Hammurabi is one of the earliest law codes, dating from the eighteenth century BCE Mesopotamia (ancient Iraq). It is the culmination of a tradition in which scribes would demonstrate their legal flair by composing statutes on a repertoire of traditional cases, articulating what they deemed just and fair. The book describes how the scribe of the Laws of Hammurabi advanced beyond earlier scribes in composing statutes that manifest systematization and implicit legal principles. The scribe inserted the statutes into the structure of a royal inscription, skillfully reshaping the genre. This approach allowed the king to use the law code to demonstrate that Hammurabi had fulfilled the mandate to guarantee justice enjoined upon him by the gods, affirming his authority as king. This tradition of scribal improvisation on a set of traditional cases continued outside of Mesopotamia, influencing biblical law and the law of the Hittite Empire and perhaps shaping Greek and Roman law. The Laws of Hammurabi is also a witness to the start of another stream of intellectual tradition. It became a classic text and the subject of formal commentaries, marking a Copernican revolution in intellectual culture.

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