scholarly journals Esej o prawie do decydowania o niektórych przejawach życia osobistego

2017 ◽  
Vol 43 ◽  
pp. 83-95
Author(s):  
Teresa Dukiet-Nagórska
Keyword(s):  
Assisted Suicide ◽  
Common Ground ◽  
Ex Vivo ◽  
Human Right ◽  
Medical Interventions ◽  
Life Saving ◽  
Starting Point ◽  
Polish Law ◽  
Principle Of Proportionality ◽  
The Right

Essay on the right to decide about some aspects of personal lifeThe essay is a reference to the statement of Professor T. Kaczmarek about the human right to a good death in Polish law. The starting point is recalling the provisions constituting the normative autonomy for refusing life-saving medical interventions, refusing abortion needed to save the lives or health of pregnant women and consent to organ donation ex vivo. These normative regulations are confronted with the criminalisation of the murder at the request of the victim and under the influence of sympathy for her and assisted suicide, as well as provisions permitting the forced treatment. The common ground is the principle of proportionality, as well as the provisions of the Constitution defining the protection of life and health, and the right to self-determination about personal life.

Realising immigration as a human right: public justification and cosmopolitan solidarity

2021 ◽  
pp. 136843102098713
Author(s):  
David Martínez ◽  
Alexander Elliott
Keyword(s):  
Public Sphere ◽  
Social Theory ◽  
Public Justification ◽  
Human Right ◽  
National State ◽  
The Public ◽  
Starting Point ◽  
Legal Structures ◽  
The Right ◽  
Normative Justification

According to David Miller, immigration is not a human right. Conversely, Kieran Oberman makes a case for immigration as a human right. We agree with the latter view, but we show that its starting point is mistaken. Indeed, both Miller and Oberman discuss the right to immigration within the liberal paradigm: it is a right or not depending on the correct balance between the interests of the citizens of a given national state and the interests of the immigrants. Instead, we claim that public justification can underpin immigration as a human right. That said, the public justification of the right to immigration has several counterarguments to rebut. Before we deal with that issue, relying on Jürgen Habermas’s social theory, we examine the legal structures that could support the right to immigration in practice. To be sure, this does not provide the normative justification needed, instead it shows the framework that allows the institutional realization of this right. Then, through a combination of civic and cosmopolitan forms of solidarity, the article discusses the formation of a public sphere, which could provide the justification of the right to immigration.

The Ethics of Medical Tourism

2015 ◽  
pp. 79-88
Author(s):  
Nader Ghotbi
Keyword(s):  
Cosmetic Surgery ◽  
Assisted Suicide ◽  
Common Ground ◽  
Medical Tourism ◽  
Ethical Decision Making ◽  
Ethical Issues ◽  
Moral Issues ◽  
Therapeutic Massage ◽  
Life Saving ◽  
Almost All

Medical tourism is rapidly growing. There are various reasons for this form of travel; from having life-saving surgery, receiving organ transplants and other vital operations, to therapeutic massage, using hot spas, and cosmetic surgery, and from receiving assistance with infertility to assisted suicide services at particular destinations. Some forms of medical tourism have strong ethical issues attached to them, but there are also ethical issues that may apply to almost all cases, and these can be discussed in a general way. This chapter discusses fundamental definitions of the concepts and general ethical issues in medical tourism, and then explains in more detail some of the moral issues in medical tourism that need to be examined from an ethical standpoint. The chapter establishes common ground for discussion based on broadly accepted principles that can be used almost universally as general guidelines for ethical decision-making in medical tourism activities.

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.

scholarly journals Czymże jest kulturoznawstwo jako dyscyplina naukowa określona w polskim prawie?

2018 ◽  
Vol 2 (1(3)) ◽  
pp. 11-30
Author(s):  
Bogdan Szlachta
Keyword(s):  
Cultural Studies ◽  
Scientific Discipline ◽  
Starting Point ◽  
Political Studies ◽  
Polish Law ◽  
The Right

WHAT IS CULTURAL STUDIES AS A SCIENTIFIC DISCIPLINE DEFINED BY POLISH LAW?The author of the article concentrates on the long and difficult process of the Faculty of International and Political Studies (at the Jagiellonian University, Krakow) in obtaining the right to educate students in the field of cultural studies. Problematic issues are described on the basis of Polish law which codifies individual disciplines and fields of science. Paying attention to the fundamental differences between Polish, British, French, German or Russian cultural studies was the starting point for taking a deeper reflection on the essence of what cultural studies is and what it should be, with a diverse and thereby rich structure.

scholarly journals Hematopoietic Stem Cells: Nature and Niche Nurture

2021 ◽  
Vol 8 (5) ◽  
pp. 67
Author(s):  
Geoffrey Brown
Keyword(s):  
Stem Cells ◽  
Bone Marrow ◽  
Hematopoietic Stem Cells ◽  
Ex Vivo ◽  
Cell Lineage ◽  
Bone Marrow Niche ◽  
Hematopoietic Stem ◽  
Homogeneous Population ◽  
Starting Point ◽  
The Right

Like all cells, hematopoietic stem cells (HSCs) and their offspring, the hematopoietic progenitor cells (HPCs), are highly sociable. Their capacity to interact with bone marrow niche cells and respond to environmental cytokines orchestrates the generation of the different types of blood and immune cells. The starting point for engineering hematopoiesis ex vivo is the nature of HSCs, and a longstanding premise is that they are a homogeneous population of cells. However, recent findings have shown that adult bone marrow HSCs are really a mixture of cells, with many having lineage affiliations. A second key consideration is: Do HSCs “choose” a lineage in a random and cell-intrinsic manner, or are they instructed by cytokines? Since their discovery, the hematopoietic cytokines have been viewed as survival and proliferation factors for lineage committed HPCs. Some are now known to also instruct cell lineage choice. These fundamental changes to our understanding of hematopoiesis are important for placing niche support in the right context and for fabricating an ex vivo environment to support HSC development.

scholarly journals CONSENT TO TREATMENT AND OTHER MEDICAL INTERVENTIONS: LEGISLATIVE AND SCIENTIFIC APPROACHES

2020 ◽  
Vol 73 (12) ◽  
pp. 2816-2820
Author(s):  
Natalia D. Kogut ◽  
Serhii Y. Petriaiev
Keyword(s):  
Best Interests ◽  
Next Of Kin ◽  
Human Right ◽  
Mentally Disabled ◽  
Medical Interventions ◽  
Consent To Treatment ◽  
The Usa ◽  
The Right ◽  
Medical Articles ◽  
Personal Interests

The aim: To research approaches to maintaining balance between social and personal interests in the sphere of human right to consent to medical interventions. Materials and methods: The research is conducted with help of both general and special juridical methods of investigation. The empirical basis: an international legal acts; domestic laws of EU countries, the USA and other states; courts' decisions; statistics; juridical and medical articles. Conclusions: Consent to medical interventions is an absolute right of mentally capable adults and restriction of this right is never too necessary for social interest except for limiting measures due to pandemic or psychiatric disorders threaten. Next of kin or guardian has the right to consent for minors or mentally disabled in their best interests.

scholarly journals From Internationalism to Nationalism

2021 ◽  
Vol 41 (3) ◽  
pp. 312-317
Author(s):  
Dwaipayan Banerjee
Keyword(s):  
Multinational Corporations ◽  
Ethical Dilemmas ◽  
Global South ◽  
Human Right ◽  
Nelson Mandela ◽  
Aids Pandemic ◽  
Life Saving ◽  
The World ◽  
The Right ◽  
Hiv Aids

Abstract The steady rollout of Covid-19 vaccines comes attached with a series of difficult questions. Are vaccines a human right? Should patents be enforced in a way that puts people in the global South behind in a global queue? These questions are not new; the world struggled with these ethical dilemmas during the HIV-AIDS pandemic at the end of the twentieth century, when global South governments led by Nelson Mandela fought multinational pharmaceutical corporations for the right to essential life-saving drugs. Can the same strategies be mobilized to deal with inequalities in the distribution of the Covid-19 vaccine? This article demonstrates a technological and geopolitical shift in the last two decades that hinder global South solidarities actualized during the HIV-AIDS pandemic. Instead, Banerjee argues that in the present, multinational corporations and Euro-American governments are trying to reverse some of the key political visions and victories of HIV-AIDS internationalism, exploiting the urgency of the Covid-19 crisis to put in place a new vaccine apartheid.

scholarly journals Un avance hacia la muerte digna: El caso de la Comunitat Valenciana

2019 ◽  
pp. 125-146
Keyword(s):  
Palliative Care ◽  
Human Rights ◽  
Assisted Suicide ◽  
Human Right ◽  
New Horizons ◽  
Derechos Humanos ◽  
Regulatory Frameworks ◽  
Palabras Clave ◽  
Safety Parameters ◽  
The Right

Un avance hacia la muerte digna: El caso de la Comunitat Valenciana Resumen.-En la última década hemos asistido a un goteo de leyes autonómicas interesadas en regular los derechos y garantías de las personas en el proceso final de la vida, que sin lugar a dudas han introducido parámetros de confianza y seguridad tanto para los profesionales como para las personas que afrontan la muerte, al ver reconocidos un conjunto significativo de derechos. Nos planteamos la necesidad de reconocer el derecho a la muerte digna como un derecho humano y analizamos los marcos de regulación actuales. Nos aproximamos a los escenarios abiertos, algunos delicados como es el caso de las niñas, niños y adolescentes que se enfrentan también a la muerte. Valoramos la urgencia de dar cumplimiento a una demanda ciudadana en torno a la despenalización de la eutanasia y del suicidio asistido. Abundamos en la distancia existente entre la norma y la realidad y en la importancia de que la ciudadanía y los profesionales, pero también el poder político, se impliquen en la efectividad de la norma y trabajen por nuevos horizontes de protección integral de nuestro derecho al buen morir. Palabras clave: Muerte digna, eutanasia, suicidio asistido, cuidados paliativos, derechos humanos y observatorio de la muerte. An advance to digital death: the case of the Valencian Communitat Abstratc.-In the last decade we have witnessed a drip of regional laws interested in regulating the rights and guarantees of people in the final process of life, which have undoubtedly introduced trust and safety parameters for both professionals and people. facing death, seeing a significant set of rights recognized. We consider the need to recognize the right to dignified death as a human right and analyze the current regulatory frameworks. We approach the open stages, some delicate as is the case of girls, boys and adolescents who also face death. We value the urgency of complying with a citizen's demand regarding the decriminalization of euthanasia and assisted suicide. Let us abound in the distance between the norm and reality and in the importance of citizenshipand professionals, but also political power, being involved in the effectiveness of the norm and working for new horizons of integral protection of our right to good die. Keywords: Decent death, euthanasia, assisted suicide, palliative care, human rights and death observatory

The Right to Read

2017 ◽  
Author(s):  
Lea Shaver
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Strong Support ◽  
Minority Languages ◽  
International Human Rights Law ◽  
Human Right ◽  
Reading Material ◽  
Starting Point ◽  
The Right ◽  
Right To Read

Reading – for education and for pleasure – may be framed as a personal indulgence, a moral virtue, or even a civic duty. What are the implications of framing reading as a human right? Although novel, the rights-based frame finds strong support in international human rights law. The right to read need not be defended as a “new” human right. Rather, it can be located at the intersection of more familiar guarantees. Well-established rights to education, science, culture, and freedom of expression, among others, provide the necessary normative support for recognizing a universal right to read as already implicit in international law. This Article is the first to call for recognition of a right to read. Once recognized in principle, it remains necessary to translate the right to read from a vague ideal into concrete content. As a starting point, the right to read requires that every person be entitled to education for literacy and the liberty to freely choose the reading material they prefer. The right to read also means that everyone must have access to an adequate supply of reading material. Law and policy must be designed to ensure that books, ebooks, and other reading materials are made widely available and affordable – even to the poor and to speakers of minority languages. Reframing reading as a human right ultimately points to a reorientation of copyright law, as well as obligations upon publishers and technology companies to facilitate access for readers of all income levels and in every language. The conceptual elaboration of the right to read also holds lessons for rights theorists and advocates, as an illustration of an “intersectional” approach to human rights scholarship and advocacy.

Natural Rights and Natural Law

2020 ◽  
pp. 20-36
Author(s):  
Dennis Klimchuk
Keyword(s):  
Immanuel Kant ◽  
Natural Law ◽  
Common Ground ◽  
Private Property ◽  
Natural Rights ◽  
Philosophical Foundations ◽  
Natural Laws ◽  
Starting Point ◽  
History Of ◽  
The Right

This chapter argues for the continued relevance of the natural law tradition to inquiry into the philosophical foundations of private law. It focuses on the arc in the history of political philosophy that starts in Hugo Grotius and ends in Immanuel Kant. The original community of property on Grotius’s account and throughout the early modern tradition is a conceptual starting point, a representation of how people stand with respect to one another in the world abstracted from the institutions through which people administer the regime of private property. Grotius and others in the natural law tradition cast the moral aspect of that standing in terms of the natural laws that protected the natural rights of equals. The chapter then looks at two debates. Grotius’s and John Locke’s disagreements about the foundations of property rights and Grotius’s and Samuel von Pufendorf’s about the foundations of the right of necessity are, at their core, disagreements about how to render private ownership consistent with equality. The common ground against which these disagreements is framed is the view that, through its doctrines, the institution of private property inevitably expresses some view on this question, and in this way reveals its connection to the rest of people’s moral lives.

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