scholarly journals Right to be a Surrogate: Biological, Constitutional and Economic Perspectives

2020 ◽  
Vol 8 (1) ◽  
pp. 78-90
Author(s):  
Meghna Borah ◽  
Arup Kumar Hazarika ◽  
Unmilan Kalita
Keyword(s):  
Legal Framework ◽  
Controversial Issues ◽  
Economic Perspective ◽  
Eligibility Criteria ◽  
Personal Liberty ◽  
Commercial Surrogacy ◽  
Universal Human Rights ◽  
Reproductive Techniques ◽  
Economic Perspectives ◽  
The Right

For the survival of all forms of life, procreation is essential. However, natural procreation is not always scientifically possible. As such, the practice of surrogacy and the use of Assisted Reproductive Techniques have become more widely recognised and accepted in societies all over the world. However, various complex and controversial issues are bounded in such practices. The Surrogacy (Regulation) Bill, 2019 introduced by Government of India makes an attempt to eradicate some of those issues associated with surrogacy. Nevertheless, the legislation seems to be in derogation to the Constitution of India and universal human rights. This study is designed to substantiate in detail the right to be a surrogate in light of the constitutional mandate along with an evaluation of the eligibility criteria to be a surrogate and its consequences with regard to the existing legal framework. Besides, the economic perspective of exploitation of surrogates via banning of commercial surrogacy has been briefly discussed. The discussion under this study is expected to put forward an essential perspective to the right to be a surrogate in relation to a woman’s right to life and personal liberty. Further, prohibiting commercial surrogacy may push practicing surrogates towards other economically unrewarding, poorly regulated and potentially hazardous forms of employment or even make them subject to human trafficking. Therefore, recognition of the right to be a surrogate vis-à-vis the Surrogacy (Regulation) Bill, 2019, would help in avoiding blatant miscarriage of universal justice while upholding the supremacy of the Constitution of India.

On the “Right to Death”

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Nikoleta Puleva ◽  
◽  
◽  
Keyword(s):  
Legal Framework ◽  
Right To Die ◽  
Controversial Issues ◽  
Right To Life ◽  
Human Value ◽  
The Republic ◽  
The Right

The right to life is a fundamental, personal, constitutionally secured right of persons, which has the highest level of protection against the truth of order. Art. 28 of the Constitution of the Republic of Bulgaria, arrange the right to life as an accessory to every person. It is not regulated by the Bulgarian government, which has been produced on its life – the right to die. Its legal framework would contribute to the contribute of controversial issues regarding a person’s attitude to the death of persons in order to protect the basic human value – life.

Der Spielraum bei der Vermarktung von Waldleistungen ist eingeschränkt (Essay) | The scope for the commercialization of forest services is limited (essay)

2009 ◽  
Vol 160 (8) ◽  
pp. 228-231
Author(s):  
Hansruedi Walther
Keyword(s):  
Private Property ◽  
Legal Framework ◽  
Third Parties ◽  
Wood Products ◽  
Forest Owner ◽  
Free Access ◽  
School Class ◽  
Market Niche ◽  
The Right ◽  
Exclusive Right

A forest owner can only commercialize non-wood products and services within a tightly restricted market niche. On account of free access being permitted to the forest it is impossible to deny to third parties the consumption of many non-wood products and services: everybody has the right to be in the forest for recreation. As a result many non-wood services cannot be commercialized by the forest owner, or not exclusively. What would seem unthinkable elsewhere on private property seems to be taken for granted in the forest: third parties may take products from the forest and even sell them without being the forest owners. For certain nonwood services or products, such as the installation of rope parks or for burial in the forest, the organizer must conclude an agreement with the forest owner or draw up a contract for servitude or benefit. In addition, for these activities a permit from the Forestry Department is necessary. On the other hand, for an itinerant school class or for the production of forest honey neither a binding regulation with the forest owner nor a permit from the Forestry service is necessary, provided that no constructions are erected in the forest. The only exclusive right which remains to the forest owner, besides the sale of his property, is the exploitation of his trees within the legal framework.

Current Regulatory Standpoint on Evaluating the Bioequivalence of Different Classes of Generic Drugs - Is the Evaluation in the Right Direction?

2019 ◽  
Vol 20 (10) ◽  
pp. 835-844 ◽  
Author(s):  
Francis Micheal ◽  
Mohanlal Sayana ◽  
Balamurali Musuvathi Motial
Keyword(s):  
Generic Drugs ◽  
Bibliographic Databases ◽  
Eligibility Criteria ◽  
Individual Bioequivalence ◽  
Population Bioequivalence ◽  
Standard Tool ◽  
Review Question ◽  
Guidance Documents ◽  
The Right

Background: The concept of evaluating bioequivalence has changed over a period of time. Currently, the Average Bioequivalence approach (ABE) is the gold standard tool for the evaluation of generics. Of late, many debates had arisen about employing ABE approach for the appraisal of all drug categories. This review aims to examine the limitations of ABE approach and the significances of Population Bioequivalence (PBE) and Individual Bioequivalence (IBE) approach, current regulatory thinking for assessing different categories of the drug, whether they are adequately assessed, and the evaluation is in the right direction. Methods: We carried out an organized search of bibliographic databases for peer-reviewed research literatures, regulatory recommendations, guidance documents using a focused review question and eligibility criteria. The standard tools were used to appraise the quality of retrieved documents and to make sure the authenticity of the data. Results: In total 73 references were used in the review, the majority of the references (guidance documents) were from the different regulatory agencies and product-specific guidance. There were 29 product-specific guidance from USFDA and EMA. The limitations of the ABE approach were discussed in detail along with the significances of Population Bioequivalence (PBE) approach and Individual Bioequivalence (IBE) approaches. Conclusion: It is apparent from the review that IBE approach is a precise method for evaluating the drugs as it answers drug interchangeability (prescribability and switchability). IBE approach is followed by PBE approach and ABE approach for the evaluation of different categories of drugs in terms of precision.

scholarly journals Teleworking: A New Reality Conditioned by the Right to Privacy

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 64
Author(s):  
Carlos Arroyo-Abad
Keyword(s):  
New Technologies ◽  
Legal Framework ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Work From Home ◽  
Provision Of Services ◽  
The Right

Faced with protecting the right to privacy and, with it, the inviolability of homes, the development of new technologies and the possibility of developing work from home has opened the door to a series of new conflicts that require us to provide a specific legal framework by which such situations can be addressed. In the Spanish case, we speak of Law 10/2021 from 9 July on remote working. The objective of this study is to assess the scope as well as the problems that this law generates during its application, regarding controlling the provision of services. However, we not only identify the incidental factors, but also provide a necessary reinterpretation of the right to privacy from the perspective of the inviolability of homes, especially when its current articulation may operate to the detriment of employees’ rights, as contradictory as this may seem.

Roe v. Wade and the History of Abortion Regulation

1989 ◽  
Vol 15 (2-3) ◽  
pp. 227-233 ◽  
Author(s):  
Paul Benjamin Linton
Keyword(s):  
Supreme Court ◽  
Personal Privacy ◽  
Personal Liberty ◽  
Personal Rights ◽  
The Supreme Court ◽  
Right Of Privacy ◽  
History Of ◽  
The Right Of Privacy ◽  
The Right ◽  
Roe V Wade

In Roe v. Wade, the Supreme Court held that “[the] right of privacy … founded in the Fourteenth Amendment's concept of personal liberty … is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.” The Court acknowledged that “[t]he Constitution does not explicitly mention any right of privacy.” Nevertheless, the Court held that a “right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.” However, “only personal rights that can be deemed ‘fundamental’ or ‘implicit in the concept of ordered liberty,’ … are included in this guarantee of personal privacy.”

scholarly journals Company Changing Status and Its Linking to Competitiveness

2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun
Keyword(s):  
Mergers And Acquisitions ◽  
Legal Framework ◽  
Decision Makers ◽  
Economic Activities ◽  
Economic Interests ◽  
Eu Legislation ◽  
The Republic ◽  
The Right ◽  
A Company ◽  
The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

Fundamental Rights in the Indian Constitution: Could it include ‘Right to Sanitation’?

2016 ◽  
Vol 5 (6) ◽  
pp. 291-296
Author(s):  
Anil Kumar Mohapatra
Keyword(s):  
Fundamental Rights ◽  
Safe Drinking Water ◽  
Right To Life ◽  
Personal Liberty ◽  
Sanitation Facility ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
The World ◽  
The Government ◽  
The Right

Long before India gained independence, M.K. Gandhi remarked that the availability of Sanitation facility is more important than gaining Independence for an Indian. Of late, it is now increasingly felt and realized in India that facilities like toilet, safe drinking water, accompanied by good hygienic conditions are fundamental necessities of a person. These are prerequisites of social and economic justice and genuine development. The Supreme Court of India in one judgement held that Right to life and personal liberty, should include right to privacy and human dignity etc. Despite that it has been an admitted shame that India still has the largest number of people defecating in open in the world. There are reported incidences of rape and murder of women in many places in India as women rely on open field for attending to the call of nature in morning and evening. The attempts like Community toi-let system, pay-and-use toilet system and schemes like ‘Mo Swabhiman -Mo Paikhana’ have been found to be less effective. In this connection the ‘Clean India Mission’ campaign launched by the Government of India in 2014 has been regarded as a right approach in that direction. Government of the day is actively considering the demand to convert the Right to Sanitation from a developmental right to a fundamental right. It would make the state more accountable and responsible. Against this background, the paper argues that spending huge money on that would yield good dividend in future for the country.

Actual Problems of Compensation for Health Damage Caused During the Performance of Labor Duties

2021 ◽  
Vol 5 ◽  
pp. 77-81
Author(s):  
V. V. Kulakov ◽  
Keyword(s):  
Social Insurance ◽  
Insurance Coverage ◽  
Insurance Fund ◽  
Controversial Issues ◽  
Medical Organization ◽  
Social Insurance Fund ◽  
The Social ◽  
Health Damage ◽  
The Right

The article discusses the controversial issues of compensation for physical harm caused to an employee. The article analyzes the possibility of satisfying the claim for compensation of such expenses, presented directly to the harmer, provided that the insurance coverage is obtained at the expense of the Social Insurance Fund. The conclusion is made about the possibility of such a claim. At the same time, the conditions for its satisfaction are determined, including the victim»s need for such expenses, taking into account the right to choose a doctor and a medical organization, in the absence of signs of abuse of the right.

Professional Retraining in the Staffing System for the Mining Enterprises

2021 ◽  
pp. 79-84
Author(s):  
O.I. Kazanin ◽  
◽  
M.A. Marinin ◽  
A.M. Blinov ◽  
◽  
...  
Keyword(s):  
Professional Education ◽  
Work Experience ◽  
Basic Education ◽  
Integrated Approach ◽  
Legal Framework ◽  
Industrial Safety ◽  
Number Of Factors ◽  
The Right ◽  
Additional Education ◽  
Engineering Personnel

The issues are considered related to providing mining enterprises with the engineering personnel capable of managing mining and blasting operations. At present, not all the mining enterprises have a full staff of specialists and managers who are legally entitled to manage mining and blasting operations. Some employees who previously had such a right, after changes in the legal framework, ceased to meet the new requirements. The analysis is presented concerning the competencies required to perform these production functions, as well as educational programs that allow acquiring these competencies. The importance of professional retraining programs for solving these problems and the imperfection of the modern regulatory framework, which practically excludes the possibility of obtaining the right to manage mining and blasting operations, even after professional retraining for persons with a higher technical education in a non-mining profile, are shown in the article. An integrated approach is proposed for resolving the issues of the admissibility of obtaining the right to manage mining and blasting operations by these persons considering a number of factors: basic education, work experience and positions held at a mining enterprise, completed training in programs of additional education and professional retraining. Such programs should be developed and implemented by the organizations with experience in training mining engineers and having a license from Rosobrnadzor for the right to implement programs not only for additional professional education, but also for higher professional mining education. The need is substantiated in developing professional standards for managers of mining and blasting operations at the enterprises for the extraction of solid minerals. Recommendations were developed for amending the federal rules and regulations in the field of industrial safety in order to ensure the possibility of using professional retraining programs for training and final certification of the managers of mining and blasting operations.

Denmark: experience of market turnover of agricultural land

Ekonomika APK ◽  
2021 ◽  
Vol 317 (3) ◽  
pp. 89-96
Author(s):  
Ihor Yurchenko
Keyword(s):  
Structural Model ◽  
Agricultural Land ◽  
Legal Framework ◽  
Empirical Method ◽  
Practical Significance ◽  
Agricultural Lands ◽  
Logical Scheme ◽  
Logical Method ◽  
Danish Experience ◽  
The Right

The purpose of the article is to reveal the experience of the functioning of the market circulation of agricultural land in Denmark, in order to further implement in Ukrainian practice, the positive and avoid negative aspects of this experience. Research methods. The study used an empirical method (comprehensive assessment of the modern model of market turnover of agricultural land in Denmark); generalization and systematization (construction of the concept and logical-structural model of economic turnover of lands); abstract-logical method (theoretical generalizations and formulation of conclusions). Research results. It was found that the tightly regulated market turnover of agricultural land in Denmark was changed to a more liberal one, with permission to buy land for foreigners, but this not only did not attract investment as expected, but on the contrary, led to even more negative and crisis phenomena in country. The main tools, mechanisms and conditions of land turnover in agriculture of this country are determined. Scientific novelty. The main purpose of regulating the market turnover of land in Danish agriculture has been established. The legal framework of Denmark for regulating the market circulation of agricultural land has been studied. The structural and logical scheme of market circulation of agricultural lands is formed. The provisions on the Ukrainian model of regulating the market turnover of agricultural lands were further developed, taking into account the experience of the studied country. Practical significance. The results of the study of the experience of the Kingdom of Denmark on the market turnover of land, in terms of granting non-residents access to the right to purchase agricultural land, is a clear practical answer and a caveat that should undoubtedly be taken into account in Ukraine. The application of the Danish experience should help to build an effective model of market turnover of agricultural land in our country. Tabl.: 1. Figs.: 1. Refs.: 18.

Sign in / Sign up

Export Citation Format

Share Document