scholarly journals “El Derecho a Conocer” Experiencias de Personas que Buscan SUS Orígenes en la Justicia Argentina

2016 ◽  
Vol 10 (1) ◽  
pp. 27
Author(s):  
Soledad Gesteira
Keyword(s):  
Justice System ◽  
Access To Justice ◽  
Right To Know ◽  
Military Dictatorship ◽  
Unexpected Effect ◽  
The Right To Know ◽  
The Right

Resumo:Na Argentina o activismo da Abuelas de Plaza de Mayo, na busca de seus netos apropriados durante a última ditadura militar, teve um efeito inesperado: centenas de pessoas [que não poderiam ser seus netos] começou a se perguntar sobre a sua identidade. Alguns deles se organizaram em associações enquanto outras começaram a ser chamados de "afetado independente", mas a luta para encontrar suas origens e criar condições adequadas para esta legislação era em conjunto. Para esses ativistas o acesso à justiça se revelou como muito difícil e, na verdade, apenas algumas pessoas foram capazes de levar seus casos ao tribunal.Neste artigo vou descrever e analisar o caso de dois processos. Sabrina -ativista "afetado independente" - e o caso de três mulheres que, em 2012, conseguiram convencer a parteira que as vendeu ao nascer. Analisar como essas mulheres experimentam a procura pelo direito de saber as suas origens na arena judicial, permitirá compreender, em primeiro lugar, como as exigências de quem procura as suas origens no campo judicial estão definidas e, por outro lado, o alcance e limitações do sistema de justiça para essas reivindicações ao "direito de saber". Palavras-chave: Pesquisa. Origens . Demanda. Justiça. Direito. ***Resumen:En Argentina el activismo de Abuelas de Plaza de Mayo, en la búsqueda de sus nietos apropiados durante la última dictadura militar, ha tenido un efecto inesperado, cientos de personas [que no podían ser sus nietos] comenzaron a preguntarse sobre su identidad. Algunas de ellas se organizaron en asociaciones y otras se autodenominan “afectados independientes”, pero conjuntamente luchan para encontrar sus orígenes y crear legislaciones adecuadas para ello. Para estos activistas acceder a la justicia se revela muy difícil, en efecto solo algunas personas lograron llevar sus casos a la justicia.En este artículo describo y analizo dos casos judicializados, el de Sabrina -una activista “afectada independiente”- y el caso de tres mujeres que, en 2012, lograron condenar a la partera que las vendió al nacer. Analizar cómo experimentan estas mujeres su demanda por el derecho a conocer sus orígenes en la arena judicial, permitirá comprender, por un lado, cómo se configuran las demandas de quienes buscan conocer sus orígenes en el terreno judicial, y por otro, los alcances y las limitaciones del sistema de justicia para este tipo de demandas por el “derecho a conocer”.Palabras claves: Búsqueda de orígenes. Demanda. Justicia. Derecho. ***Abstract:In Argentina, the activism of Abuelas de Plaza de Mayo, searching for their grandchildren, kidnaped during the last military dictatorship, it has had an unexpected effect: hundreds of people [who could not be their grandchildren] began to wonder about their identity. Some of them became organized in associations while others call themselves "independent affected people" but they all gather together to find their own origins and improve current legislation. For these activists access to justice is revealed very difficult, indeed only a few people were able to take their cases to court.In this article I describe and analyze two prosecuted cases, Sabrina –an "independent” activist - and the case of three women who, in 2012, managed to convict the midwife who sold them at birth. In order to analyze how these women experience their claims for the right to know its origins in the judicial arena, will allow to understand, first, how the demands of those seeking their origins in the judicial field are set, and secondly, the scope and justice system limitations for such claims to the "right to know". Keywords : Search. origins. Demand. Justice. Law.

Transparency as a Human Right

2006 ◽  
Author(s):  
Patrick Birkinshaw
Keyword(s):  
Human Rights ◽  
Freedom Of Speech ◽  
Freedom Of Information ◽  
Access To Justice ◽  
Right To Know ◽  
Government Information ◽  
Human Right ◽  
The United Kingdom ◽  
The Right To Know ◽  
The Right

‘Transparency’, ‘openness’, and access to government-held information are widely applauded as remedies for the deficiencies and operations of government where government claims to be democratic but falls short of its rhetoric. This chapter examines whether transparency is a human right, focusing on one of its specific features: access to government information, or freedom of information (FOI). It explains what is meant by FOI and argues that within the framework of internationally agreed concepts of human rights, FOI deserves to be listed with those rights. Not only is FOI instrumental in realizing other human rights such as freedom of speech and access to justice, or other desiderata such as accountability, it is intrinsically important: the right to know how government operates on our behalf. The chapter also discusses constitutionalism and the struggle for information in the United Kingdom.

scholarly journals Journalism practice and application of the contempt of court principle in the Nigerian judiciary

2020 ◽  
Vol 7 (1-2) ◽  
pp. 470-487
Author(s):  
Oyakemeagbegha Musah
Keyword(s):  
Justice System ◽  
Democratic Governance ◽  
Right To Know ◽  
The Press ◽  
The Right To Know ◽  
Practical Experiences ◽  
The Right ◽  
The Relationship ◽  
Cardinal Feature

The people’s right to know is a cardinal feature of democratic governance. In the judiciary, the right to know presupposes an open justice system where judges are expected to adjudicate without concealments. As authentic information purveyors in society, the press and the judiciary need collaboration to achieve openness in justice administration and satisfaction of the people’s right to know.Consequently, this paper explores the relationship between Nigerian judges and journalists vis a vis Nigeria’s Chief Judge’s recent directive to the bench to apply “contempt proceedings” in members’ interactions with “wanting” journalists, and the people’s right to know. The paper assessed judges’ professed preconditions for journalists’ presence in court and practical experiences of journalists in Nigerian courts. It identifies a depreciation of values in justice administration behind this morally repulsive relationship between the bench and the press and calls for urgent redress. Keywords: Journalism practice, Prejudice, Contempt of court, Justice administration, Judiciary

Legislative Proposals for Reversing the Cancer Epidemic and Controlling Run-Away Industrial Technologies

2000 ◽  
Vol 30 (2) ◽  
pp. 353-371 ◽  
Author(s):  
Samuel S. Epstein
Keyword(s):  
Food Production ◽  
Genetically Engineered ◽  
Right To Know ◽  
Criminal Sanctions ◽  
Adverse Impacts ◽  
The Right To Know ◽  
Legislative Proposals ◽  
Democratic Rights ◽  
Genetically Engineered Food ◽  
The Right

An interlocking legislative complex is proposed for the control of carcinogenic and other adverse impacts of established run-away petrochemical and radionuclear technologies, with particular reference to winning the losing war against cancer. These proposals are also applicable to the poorly recognized, potentially adverse public health and environmental hazards of emerging technologies, particularly genetically engineered food production. The proposals embody fundamental democratic rights—the right to know and balanced and transparent decision making—the “Precautionary Principle,” reduction in the use of toxics, incentives for the development of safe industrial technologies, and criminal sanctions for suppression or manipulation of information.

P–477 The child’s right to know vs. the parents’ right not to tell: the attitudes of couples undergoing fertility treatments towards identity-release gamete donation

2021 ◽  
Vol 36 (Supplement_1) ◽  
Author(s):  
J Simas ◽  
D Braga ◽  
A Setti ◽  
R Melamed ◽  
A Iaconell ◽  
...  
Keyword(s):  
Well Being ◽  
Small Sample ◽  
Right To Know ◽  
Gamete Donation ◽  
Biological Origin ◽  
Gamete Donor ◽  
The Right To Know ◽  
The Subject ◽  
The Right ◽  
The Relationship

Abstract Study question Do couples undergoing assisted reproduction treatments (ART) have a different perception of anonymous vs identity-release gamete donation than a population interested in the subject? Summary answer Compared with a population interested in the subject, more couples undergoing ART believed the child shouldn’t be given information that would identify the gamete-donor. What is known already Recent research has investigated the psychological well-being of parents and children born through gamete donation, focusing on the possibility of having the donor’s identity revealed. Gamete donors have traditionally been anonymous to recipients and offspring; however, there is a global trend towards programs using donors that are identifiable to the resulting offspring at maturity. While some countries only allow the use of identity-release egg donation, others only allow anonymous-donation, and in some countries both types of donation are practiced. However, the attitudes concerning anonymous vs identity-release gamete donation, in a country where only anonymous donation is allowed, are still unknown. Study design, size, duration This cross-sectional study was performed from 01/Sep/2020 to 15/Dec/2020. For that, surveys through online-platforms were conducted, including either patients undergoing ART, (ART-group, n = 358) or those interested in the subject, who accessed the website of a university-affiliated IVF-center (interested-group, n = 122). Participants in the ART-group were invited via e-mail, with a cover-letter outlining the survey and a link to access it and participants in the interested-group accessed the questionnaire via website. Participants/materials, setting, methods The survey collected information on demographic characteristics and the participant’s attitudes towards anonymity of gamete donors. The questions were: (i) In the case of children conceived through ART, do you believe that revealing the method of conception may affect the relationship between children and their parents? (ii) Once the method of conception is revealed, do you believe that the child has the right to know the gamete donor? (iii) If yes, when? Main results and the role of chance Most of the participants answered that the relationship between children and parents wouldn’t be affected by the child’s knowledge of the origin of their conception, regardless of the group (83.6% vs 82.7%, for ART-group and interested-group, respectively, p = 0.868). Most participants in the ART-group answered that the sperm donor identity shouldn’t be revealed to the child, while only half of the interested-group stated the same (65.4% vs 50.8%, p = 0.044). The same result was observed when participants were asked if the oocyte donor should be identifiable (64.8% vs 50.8%, p = 0.050). When asked when the donor’s identity should be revealed to the child, no significant differences were noted in the responses among the groups (p = 0.868). Most of the participants who believe that the child has the right of learning the donor’s identity, stated that “the donor’s identity should be revealed if the child questions its biological origin” (67.2% vs 67.5%, for ART-group and interested-group, respectively). “Since birth” was the second most common response, (21.0% vs 19.7%, for ART-group and interested-group, respectively), while “when the child turns 18 years-old” (9.2% vs 11.2%, for ART-group and interested-group, respectively), and “sometime during teenage years” (2.5% vs 2.4%, for ART-group and interested-group, respectively) were less common answers. Limitations, reasons for caution Lack of adequate opportunities to conduct face to face interview and lack of knowledge of the real state of the website participants, concerning infertility or being involved in ART. The retrospective nature of the study and the small sample size may also be reasons for caution, Wider implications of the findings: It has been discussed that, whether or not children or parents are harmed by knowing their biological origins, donor offspring have the right to know. However, when facing the situation, couples undergoing ART would argue that in case of gamete donation, there are reasons for not telling the child. Trial registration number Not applicable

The Right to Know Why

1926 ◽  
Vol 104 (23) ◽  
pp. 595-596
Author(s):  
A. W. Burr
Keyword(s):  
Right To Know ◽  
The Right To Know ◽  
The Right
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