Ethics in the Immunization of the Cuban People against COVID-19

2021 ◽  
Vol 4 (4) ◽  
Author(s):  
Manuel de Jesús Verdecia Tamayo
Keyword(s):  
Social Practice ◽  
Elderly Women ◽  
The Elderly ◽  
Fundamental Rights ◽  
Ethical Framework ◽  
Right To Life ◽  
Moral Principles ◽  
The Face ◽  
The Right ◽  
Fundamental Values

Covid-19 has raised multiple topics for reflection; among them is the problem of vaccination against such a pandemic. The article seeks to reveal that the Cuban strategy for immunizing the population against this epidemic is based on ethics, whose touchstone outlines the ethical framework that supports decision-making regarding this process and its implementation in social practice. Although immunization has its own principles and norms, in its application against this disease, due to its purposes and scope, moral principles and fundamental rights are applied specifically to benefit all people: girls, boys, the elderly, women and men. The Cuban case constitutes a benchmark to determine what is fair and what is good in safeguarding the fundamental values that are at stake and are essential for everyone, in the face of Covid-19, such as the right to life and health.

scholarly journals Bioethics and Biolaw in the Vaccine against COVID 19 in Brazil

2021 ◽  
Vol 4 (3) ◽  
Author(s):  
Eliana Aló Silveira
Keyword(s):  
Legal System ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Human Being ◽  
Right To Life ◽  
Federal Constitution ◽  
Democratic State ◽  
Ethical Content ◽  
The Face ◽  
The Right

The pandemic that was caused by COVID 19 made the world rethink ethical principles, morals, and justice, but always side by side with science. Never has bioethics been thought of so much, as a science that aims to provide the ethical content so that the human being is treated with dignity in the face of scientific techniques that concern life. Bio law as a branch of legal science reveals itself as an indispensable branch to the legal system, to regulate and reconcile biotechnological advances with the principle of human dignity, founded on democracy and the defense of fundamental rights. In the international sphere, the right to life is foreseen in art. 4 of the 1969 American Convention on Human Rights, a document that was ratified by Brazil and comes from the regional system. In the Brazilian legal system, the provision is in article 1, clause III, of the Federal Constitution of 1988, which established human dignity as the foundation of the Democratic State of Law, also regulating, in article 5, the right to life. Starting from these guidelines that the human being should not be considered a "thing", or an instrument, the thought, even if philosophical, can lead to important conclusions in the field of scientific experimentation, especially with what has been happening in relation to the vaccines for COVID-19, that even if approved by a committee and following international protocols, one cannot guarantee with them the absolute protection of human dignity, principles of bioethics and fundamental human values. And, because of these discussions, the courts are urged to manifest themselves about the refusals of workers to be vaccinated.

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.

Shielding the Confidentiality, Privacy, and Data Security of Bio-Medical Information in India

2019 ◽  
pp. 81-99
Author(s):  
Varinder Singh ◽  
Shikha Dhiman
Keyword(s):  
Data Security ◽  
Medical Information ◽  
Fundamental Rights ◽  
Right To Life ◽  
Indian Constitution ◽  
Modern Times ◽  
Personal Liberty ◽  
The Right

The framers of Indian Constitution were very much cognizant about the significance of human nobility and worthiness and hence they incorporated the “right to life and personal liberty” in the Constitution of India. Right to life is considered as one of the primordial fundamental rights. There is no doubt that Indian Judiciary has lived up to the expectations of the Constitution framers, both in interpreting and implementing Article 21 initially, but there are still a few complications left as to the viability of Article 21 in modern times. Looking at the wider arena of right to life, it can be articulated that broader connotation of “right to life” aims at achieving the norms of “privacy” as well.

scholarly journals The Right to Life Under the EU Charter and Cooperation with Third States to Combat Human Smuggling

2020 ◽  
Vol 21 (3) ◽  
pp. 436-458
Author(s):  
Vladislava Stoyanova
Keyword(s):  
Fundamental Rights ◽  
Human Smuggling ◽  
Right To Life ◽  
Policy Documents ◽  
Migration Policies ◽  
Eu Policy ◽  
Charter Of Fundamental Rights ◽  
Alternative Measures ◽  
The Right ◽  
The Eu

AbstractAccording to EU policy documents, “[s]aving lives of people in distress is a primary goal of EU action in relation to managing the EU external borders.” The EU preferred strategy to achieve this objective is to take measures against human smuggling—including the establishment of cooperation with third countries—ostensibly so that migrants are contained and their irregular movement is prevented. This Article examines whether this strategy complies with the positive obligations corresponding to the right to life as enshrined in Article 2 of the EU Charter of Fundamental Rights. After considering any formal obstacles that might prevent the activation of the Charter, this Article clarifies the factors that determine the scope of these positive obligations. Procedural and substantive obligations are then distinguished. The procedural positive obligation demands that the EU and its Member States (MS) consider alternatives to the measures of containment. Due to difficulties in assessing the reasonableness of such alternatives, the EU and the MS are also under the positive obligation to initiate studies that can provide reliable evidence that alternative measures—such as the possibility of issuing humanitarian visas—would be too burdensome. As to the substantive positive obligation corresponding to the right to life, this Article will argue that the EU and the MS need to be attentive about the cumulative outcome of their migration policies. The more successful they are in their indiscriminate containment policies—and the more unlikely any protection possibilities in the region of containment—the more likely it is that the positive obligation to protect life will remain unfulfilled.

Çiçek v. Turkey

2001 ◽  
Vol 12 (1-2) ◽  
pp. 85-91
Keyword(s):  
Human Rights ◽  
Mental Distress ◽  
Use Of Force ◽  
The State ◽  
Human Rights Violations ◽  
Right To Life ◽  
The Face ◽  
Effective Remedy ◽  
The Right

The State was responsible and had not provided any explanation of what occurred after persons were taken into detention and had not attempted to justify the lethal use of force, causing a violation of the right to life. State authorities are obligated to conduct some form of effective official investigation when individuals are killed as a result of the use of force. The uncertainty, doubt and apprehension which a mother of victims of grave human rights violations and herself the victim of the authorities' complacency in the face of her distress had suffered over a prolonged and continuing period of time had undoubtedly caused her severe mental distress and anguish. The authorities are required to take effective measures to safeguard against the risk of disappearance and to conduct a prompt effective investigation into an arguable claim that a person had been taken into custody and had not been seen since. Where the relatives of a person has an arguable claim that the latter had disappeared at the hands of the authorities, the notion of an effective remedy entailed, in addition to the payment of compensation where appropriate, a thorough and effective investigation capable of leading to the identification and punishment of those responsible.

scholarly journals Concept of right to life and its protection under the Constitution of India

2019 ◽  
pp. 55-68
Author(s):  
HARSH PATHAK
Keyword(s):  
Supreme Court ◽  
Fundamental Rights ◽  
Right To Life ◽  
Indian Constitution ◽  
Personal Liberty ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Original Sense ◽  
Life Itself ◽  
The Right

The constitution and jurist characterized Article 21 as, “the procedural magna carta, protective of life and liberty”. This right has been held to be the heart of the constitution, the most organic and progressive provision in Indian constitution, the foundation of our laws. Article 21 can only be claimed when a person is deprived of his “life” or “personal liberty” by the “State” as defined in Article 12. Violation of the right by private individuals is not within the preview of it. Article 21 applies to natural persons. The right is available to every person, citizen or alien. It, however, does not entitle a foreigner the right to reside and settle in India, as mentioned in Article 19 (1) (e). Everyone has the right to life, liberty and the security of person. The right to life is undoubtedly the most fundamental of all rights. All other rights add quality to the life in question and depend on the pre-existence of life itself for their operation. There would have been no fundamental rights worth mentioning if Article 21 had been interpreted in its original sense. This Article will examine the right to life as interpreted and applied by the Supreme Court of India.

The Right to Erasure in EU Data Protection Law

2020 ◽  
Author(s):  
Jef Ausloos
Keyword(s):  
Data Protection ◽  
Fundamental Rights ◽  
Individual Autonomy ◽  
General Data Protection Regulation ◽  
Power Asymmetries ◽  
The Face ◽  
Charter Of Fundamental Rights ◽  
Data Protection Law ◽  
The Right ◽  
Data Subject

This book critically investigates the role of data subject rights in countering information and power asymmetries online. It aims at dissecting ‘data subject empowerment’ in the information society through the lens of the right to erasure (‘right to be forgotten’) in Article 17 of the General Data Protection Regulation (GDPR). In doing so, it provides an extensive analysis of the interaction between the GDPR and the fundamental right to data protection in Article 8 of the Charter of Fundamental Rights of the EU (Charter), how data subject rights affect fair balancing of fundamental rights, and what the practical challenges are to effective data subject rights. The book starts with exploring the data-driven asymmetries that characterize individuals’ relationship with tech giants. These commercial entities increasingly anticipate and govern how people interact with each other and the world around them, affecting core values such as individual autonomy, dignity, and freedom. The book explores how data protection law, and data subject rights in particular, enable resisting, breaking down or at the very least critically engaging with these asymmetric relationships. It concludes that despite substantial legal and practical hurdles, the GDPR’s right to erasure does play a meaningful role in furthering the fundamental right to data protection (Art 8 Charter) in the face of power asymmetries online.

scholarly journals O Direito Fundamental à Liberdade Religiosa de Crianças e Adolescentes / The Fundamenal Right to Religious Freedom for children and Adolescents

2019 ◽  
Vol 47 (1) ◽  
pp. 187-224
Author(s):  
Alan Felipe Provin ◽  
Audrey Pongan Borteze
Keyword(s):  
Children And Adolescents ◽  
Religious Freedom ◽  
Fundamental Rights ◽  
The Other ◽  
Constitutional Rights ◽  
Right To Life ◽  
Federal Constitution ◽  
The Subject ◽  
The Right

O presente artigo objetiva a análise do direito à liberdade religiosa de crianças e adolescentes, tendo em vista que este é consagrado com um dos direitos fundamentais previstos na Constituição Federal de 1988. A pesquisa possui como problemática o questionamento acerca da possibilidade de atribuir o fundamento da liberdade de convicção religiosa às crianças e adolescentes, ainda que em conflito com o direito à vida, considerando a incapacidade civil dos menores. Ademais, analisa também os direitos constitucionais e princípios aplicados aos menores à luz da doutrina da proteção integral, bem como expõe o conflito entre direitos fundamentais e aborda as posições dos Tribunais quanto ao tema. Em termo de metodologia, utilizou-se a pesquisa qualitativa, indutiva e bibliográfica. Ao final dos estudos, concluiu-se que, em que pese o direito à vida e a liberdade religiosa serem direitos fundamentais, com hierarquia idêntica, há casos em que é permitida a relativização de um direito em prol do outro, devendo ser analisado cada caso em concreto.   Abstract: This article aims to analyze the right to religious freedom of children and adolescents, given that this is enshrined as one of the fundamental rights provided in the Federal Constitution of 1988. The research has as problematic the possibility of attributing the foundation of religious´ freedom to the children and adolescents, although in conflict with the right to life, considering the civil incapacity of the minors. In addition, it also analyzes the constitutional rights and principles applied to minors in the light of the doctrine of integral protection, as well as exposes the conflict between fundamental rights and addresses the positions of the Courts on the subject. In terms of methodology, we used the qualitative, inductive and bibliographic research. At the end of the studies, it was concluded that, in spite of the fact that the right to life and religious freedom are fundamental rights, with a similar hierarchy, there are cases where the relativization of one right is allowed for the other, and each case must be analyzed in particular.

scholarly journals Achieving Lives Through The Secret Of Prayer

2021 ◽  
Vol 18 (1) ◽  
pp. 13-22
Author(s):  
Nurhadi Nurhadi
Keyword(s):  
Early Time ◽  
Right To Life ◽  
The Face ◽  
The Right

The Prayer Application Reaps Wisdom in fetching your dreams is Prayer Early Time. Prayers at the beginning of time show the level of faith, piety, and love for Allah. Congregational Prayers at the Mosque. Prayers in the congregation are prayers performed by two or more people together. Prayers that are established in congregation reap benefits from the viewpoint of mathematics and economics, because they have multiple merit values, especially if they are performed in mosques that get 27 degrees. The Wisdom of Prayer Reaping Blessings is that Rawatib circumcision prayer is jewelry. The wisdom of the 24 cycles of rawatib prayer if it is carried out continuously or for eternity istiqomah it will become a piece of jewelry for a person in the hereafter, it will become a jewelry on the face that carries out namely the emanation of faith and obedience Dhuha Prayer is Wealth is a sunnah prayer to seek and ask for sustenance. Tahajjud prayer is tranquility, because of the business of a believer, it sends a servant away and lulled by intimacy with Allah in the clear silence of the middle of the night so that I get peace and serenity. Witir Prayer is Life because Witir Prayer is a right (life), so people who want to do it will get the right, every servant has the right to perform Witir prayer as much as he likes. One rak'ah, three, five, seven, nine, and eleven. So if a servant exercises his right, namely witir prayer, then he has the right to get his right to life.

scholarly journals Reducing the Use of Antimicrobials as a Solution to the Challenge of Antimicrobial Resistance (AMR): Approaching an Ethical Dilemma through the Lens of Planetary Health

Challenges ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 23
Author(s):  
Samuel O. Abimbola ◽  
Melvine Anyango Otieno ◽  
Jennifer Cole
Keyword(s):  
Antimicrobial Resistance ◽  
Health Knowledge ◽  
Decision Makers ◽  
Ethical Framework ◽  
Antimicrobial Drugs ◽  
Planetary Health ◽  
The Right To Know ◽  
The Face ◽  
The Right

Antimicrobial resistance (AMR) is one of the greatest challenges facing humanity in the 21st century. Controlled dispensation of antimicrobial drugs is the most echoed solution among many that have been postulated to counter this problem. However, the life-impacting significance of antimicrobials makes this approach a very complex one, which must be considered under the lens of health and planetary ethics. As the problem of AMR is not peculiar to only a few people, the right to know the risk, as well as decisions as to when and how antimicrobials are used should, not be granted to only a few decision makers, but be used as drivers to advance planetary health knowledge in a way that benefits individuals, society, and future generations. Within an ethical framework, implementing policies that extend the efficacy period of antimicrobials should be considered in a way that balances range, choice, and quality of drugs against stewardship activities. The challenge of AMR cannot be eliminated completely by reduced use of antimicrobials only; understanding how, where and when reduction is necessary, and social structures and patterns (as well as existing health and government systems) are required if any global/national intervention would be successful and equitable. We may well have gone past the stage of adopting precautionary principles as the danger we face presents no iota of uncertainty. The measures to control AMR’s emergence and its spread are well presented. Nevertheless, we must not ere from the path of justice and equity even in the face of certain danger.

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