scholarly journals The Role of Human Dignity in Processing (Health) Data Building on the Organ Trade Prohibition

2019 ◽  
Author(s):  
Anne de Hingh ◽  
Arno R. Lodder



2014 ◽  
Vol 27 (2) ◽  
pp. 329-356 ◽  
Author(s):  
Pritam Baruah

Employing moral values as justifications in judicial decisions has been controversial. At present, there is increasing controversy over the application of human dignity. Contemporary debates on the role of dignity in law and adjudication are heavily influenced by Christopher McCrudden’s account of dignity as a placeholder, and much thinking on the contested nature of values is influenced by WB Gallie’s idea of Essentially Contested Concepts. In this paper I argue that both these accounts have limited explanatory and normative potential. McCrudden’s account is illuminating in terms of the role of dignity in the UDHR, but weak in terms of explaining why employing dignity in adjudication yields diverging conclusions, and why dignity should be understood to be a placeholder. His reliance on Gallie’s idea of Essentially Contested Concepts is also misplaced. Gallie’s views often serve as a philosophical basis for understanding the contested nature of values generally. I argue that his account is an external-descriptive one, which cannot explain why persistent disagreement ensues because of the peculiar nature of some concepts. Neither does it point out any property of essential contestability that is unique to some concepts. Thinking on how values such as dignity can figure as justifications for decisions, therefore, must explore other alternatives.



Author(s):  
Golfo Alexopoulos

This chapter discusses the role of the Gulag medical-sanitation department. Their task was not necessarily to keep prisoners healthy, but to maximize exploitation and minimize “labor losses.” The Gulag routinely reported health data under the heading “illness and lost labor.” Inmate health was only relevant as it impacted production. The Stalinist leadership established quotas on illnesses and deaths, and would not tolerate large numbers of non-working prisoners. The Stalinist leadership called this “labor therapy,” and believed in work as the key to convalescence. Although sickness, emaciation, and disability were widespread, Gulag officials concealed their existence. In the Gulag, illness was widespread, yet it remained largely untreated, concealed, and even criminalized.



Author(s):  
Sandra Fredman

This chapter applies the cross-cutting themes in Chapters 1–5 to the highly contested issue of the death penalty. It begins by considering the differences in constitutional texts, and particularly the ambiguity as to whether the death penalty is permitted. This requires judges to apply their interpretive theories. Original intent, natural meaning, and living tree approaches have all been relied on to achieve a mosaic of different and vehemently contested approaches. The chapter then considers how courts in different jurisdictions have addressed three main issues: whether a fair procedure can be found which justifies the death penalty; whether there are good penological justifications; and the role of substantive values, such as human dignity. The chapter highlights the ways in which courts approach the demarcation between judicial and legislative power; their use of comparative materials; and the increasing interconnectedness of the approach of different jurisdictions to the death penalty.



2020 ◽  
Vol 27 (4) ◽  
Author(s):  
Giovanna M Nascimento ◽  
Ana M C Sartori ◽  
Marta H Lopes ◽  
Carlos R Medeiros ◽  
Amanda N Lara

A survey in São Paulo, Brazil, assessed travel agents’ knowledge on travellers’ health. Data were collected using an online questionnaire. Of 200 agencies contacted, 32 answered (34 agents). Most consultants reported discussing personal safety, health insurance and vaccination. Few provided information on water and food diseases or sexually transmitted infections.



Philosophies ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 12
Author(s):  
Lorenzo Magnani

Research on autonomy exhibits a constellation of variegated perspectives, from the problem of the crude deprivation of it to the study of the distinction between personal and moral autonomy, and from the problem of the role of a “self as narrator”, who classifies its own actions as autonomous or not, to the importance of the political side and, finally, to the need of defending and enhancing human autonomy. My precise concern in this article will be the examination of the role of the human cognitive processes that give rise to the most important ways of tracking the external world and human behavior in their relationship to some central aspects of human autonomy, also to the aim of clarifying the link between autonomy and the ownership of our own destinies. I will also focus on the preservation of human autonomy as an important component of human dignity, seeing it as strictly associated with knowledge and, even more significantly, with the constant production of new and pertinent knowledge of various kinds. I will also describe the important paradox of autonomy, which resorts to the fact that, on one side, cognitions (from science to morality, from common knowledge to philosophy, etc.) are necessary to be able to perform autonomous actions and decisions because we need believe in rules that justify and identify our choices, but, on the other side, these same rules can become (for example, as a result of contrasting with other internalized and approved moral rules or knowledge contents) oppressive norms that diminish autonomy and can thus, paradoxically, defeat agents’ autonomous capacity “to take ownership”.



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