scholarly journals ABSOLUTE HUMAN RIGHTS IN THE FIELD OF HEALTHCARE: LEGAL GROUNDS FOR RESTRICTION

Medicne pravo ◽  
2021 ◽  
pp. 57-70
Author(s):  
G. A. Myronova
Keyword(s):  
Human Rights ◽  
Medical Information ◽  
Medical Intervention ◽  
Legal Nature ◽  
Civil Remedies ◽  
Additional Protection ◽  
The Status ◽  
Human Autonomy ◽  
The Right ◽  
To Receive

The article examines the legal nature of human rights in the field of health care. It has been substantiated that certain personal inalienable rights of an adult able-bodied patient are derived from the constitutional absolute human rights. These include the right to consent to medical intervention, the right to refuse medical intervention and the right to receive medical information about oneself. The status of law as an absolute constitutional presupposes certain objective differences in the exercise of this right by a person and in the mechanism of intervention of the state and other participants in relations in its exercise. Therefore, the enshrinement of constitutional human rights in special legislation should pursue the goal of providing additional protection of these rights and additional mechanisms for their implementation. In particular, the inclusion of constitutional human rights in civil law should provide additional legal safeguards for respect for the dignity and inviolability of the person in civil relations and additional civil remedies for the exercise of human autonomy in the field of medicine. The author proposes some civil remedies for the patient to exercise their absolute rights.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

scholarly journals The normative framework of the protection of personal data in the field of (bio)medicine

Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 99-114 ◽  
Author(s):  
Natasa Rajic
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
European Convention ◽  
International Treaties ◽  
Normative Framework ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
Treatment Procedures ◽  
Biomedical Treatment

This paper discusses the normative framework of regulating the right to protection of personal data relating to biomedical treatment procedures of patients as human rights. The subjects of analysis are the European Convention, the Convention on Human Rights and Biomedicine and the relevant provisions of the Constitution of the Republic of Serbia. The right to protection of personal data in the field of biomedicine is analyzed comparatively in terms of the content of this right and in terms of basis for limiting this right. The analysis is carried out to find answers to the question if the constitutional framework is consistent in terms of exercising this right, taking into account the constitutional provision on the direct application of human rights guaranteed by international treaties and other provisions that determine the status of international sources of law in our legal system.

scholarly journals Subjects of the Right to Appeal to the Court in Cases of Recognition of Inheritance as Escheat

2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH
Keyword(s):  
Human Rights ◽  
The Public ◽  
Scientific Analysis ◽  
The Status ◽  
Land User ◽  
Legitimate Interests ◽  
The Subject ◽  
Government Body ◽  
The Right ◽  
Do So

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.

INTRODUCTORY NOTE

2020 ◽  
pp. 694-706
Author(s):  
Frans Viljoen
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Fair Trial ◽  
Customary International Law ◽  
Human Rights Treaties ◽  
Introductory Note ◽  
The Status ◽  
The Right ◽  
First Time ◽  
Family Code

The African Court on Human and Peoples’ Rights is the newest of the three regional human rights courts. This brief analysis provides an overview of the most salient aspects of the Court’s 2018 case-law with respect to jurisdiction, provisional measures, admissibility, merits decisions, and reparations orders. Continuing its trajectory of increasing productivity, the Court in 2018 handed down the highest number of merits decisions in its brief history. As in previous years, most of these were fair-trial-related cases against Tanzania. The Court’s 2018 case-law contains a number of firsts. In Gombert v. Côte d’Ivoire, the Court for the first time ruled as inadmissible a case previously settled by an African subregional court, the Court of Justice of the Economic Community of West African States. In Anudo v. Tanzania, dealing with the right to nationality, the Court for the first time found a violation of the Universal Declaration of Human Rights, on the basis that the Declaration has attained the status of customary international law. In Makungu v. Tanzania, it for the first time ordered the applicant’s release as an appropriate remedy for serious fair trial violations. The Court’s most significant decision of 2018 is the Mali Marriage case, in which it held aspects of the 2011 Malian Family Code to be in violation not only of human rights treaties emanating from the African Union, but also the UN Convention on the Elimination of all forms of Discrimination Against Women.

Human Rights and the Arctic

2009 ◽  
Vol 1 (1) ◽  
pp. 233-243
Author(s):  
Gudmundur Alfredsson
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
The Arctic ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Independent State ◽  
The Status ◽  
Recent Developments ◽  
The Many ◽  
The Right

Abstract This article surveys some of the many international human rights law issues that come up in connection with the Arctic, such as the rights of indigenous peoples and the formulation of these rights in a draft Nordic Sami Convention. The focus, however, is on recent developments concerning the status of Greenland as a result of an agreement concluded in 2008 between the Danish and Greenlandic authorities. This agreement foresees not only a significant increase in self-government but also opens the door for the Greenlandic people to create an independent State through the exercise of the right to external self-determination as a matter of political decolonisation of an overseas colonial territory.

Hirsi Jamaa v. Italy. Application No. 27765/09

2013 ◽  
Vol 107 (2) ◽  
pp. 417-423 ◽  
Author(s):  
Irini Papanicolopulu
Keyword(s):  
Human Rights ◽  
European Convention ◽  
International Convention ◽  
European Court ◽  
The Status ◽  
Protection Of Human Rights ◽  
Grand Chamber ◽  
Effective Remedy ◽  
Maritime Search And Rescue ◽  
The Right

In a unanimous judgment in the case Hirsi Jamaa v. Italy, the Grand Chamber of the European Court of Human Rights (Court) held that Italy’s “push back” operations interdicting intending migrants and refugees at sea and returning them to Libya amounted to a violation of the prohibition of torture and other inhuman or degrading treatment under Article 3 of the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR or Convention), the prohibition of collective expulsions under Article 4 of Protocol 4 to the Convention, and the right to an effective remedy under Article 13 of the Convention. Hirsi Jamaa is the Court’s first judgment on the interception of migrants at sea and it addresses issues concerning the 1982 United Nations Convention on the Law of the Sea and the 1979 International Convention on Maritime Search and Rescue, as well as the 1951 Convention Relating to the Status of Refugees.

Ultrasound as a Useful Diagnostic Tool in the Follow-up of Laryngeal Carcinoma

2014 ◽  
Vol 6 (1) ◽  
pp. 13-15
Author(s):  
Kathleen Klinge ◽  
Andreas Mueller
Keyword(s):  
Squamous Cell Carcinoma ◽  
Cell Carcinoma ◽  
Squamous Cell ◽  
Total Laryngectomy ◽  
Mri Scan ◽  
Laryngeal Tumor ◽  
The Status ◽  
The Right ◽  
To Receive

ABSTRACT Background Using neck ultrasound to evaluate the status of the lymph nodes of a patient with a head and neck cancer is common practice but laryngeal ultrasound could help to receive more information of the tumor. Methods and results We report a case of an initially T1a N0 M0 G2 R0 squamous-cell carcinoma of the right vocal cord. Despite regular follow-up, the relapse of the tumor remained undetected. The hypopharyngoscopy and laryngoscopy were performed. The tumor was evaluated with laryngeal ultrasound and to confirm the relapse of the tumor a MRI scan was performed. Endoscopically there was no obvious presence of the tumor. Laryngeal ultrasound facilitated the visualization of the tumor in good quality. Unfortunately, a total laryngectomy was necessary to treat the relapse of the squamous-cell carcinoma (T4a N0 (0/16) M0 G2 R0). Conclusion Despite careful follow-up via laryngoscopy a relapse of the laryngeal tumor was not visible. Using laryngeal ultrasound, the relapse might have been detected sooner.

scholarly journals Solidaritas Janda: Pemberdayaan Perempuan di PJJI Armalah Yogyakarta

2021 ◽  
Vol 19 (2) ◽  
pp. 157-171
Author(s):  
Rohinah Rohinah ◽  
Nisfi Anisah
Keyword(s):  
Human Rights ◽  
Social Exclusion ◽  
Single Parents ◽  
Economic Deprivation ◽  
Female Agency ◽  
The Social ◽  
The Status ◽  
The Right

Status Janda dapat menyebabkan subordinasi dan marginalisasi. Hal ini Nampak jelas pada perempuan yang sering mengalami pengucilan sosial dan perampasan ekonomi. Janda bukan hanya nasib kurang beruntung, miskin, dan orangtua tunggal akan tetapi sikap didiskriminasi adalah pemicu dari hilangnya hak ekspresi. Status janda juga menjadi sasaran kecurigaan dan tuduhan kejahatan moral. Paper ini bertujuan mengetahui spirit pendirian komunitas persaudaraan Janda-Janda Indonesia (PJJI) Armalah Yogyakarta serta program kegiatan dan program pendampingan atau advokasi. Hal tersebut mengeksplorasi kemungkinan agensi perempuan dan destigmatisasi dalam mobilisasi jejaring sosial pada penekanan nilai kehormatan sosial sebagai seorang ibu. Paper menunjukkan tata cara kerja PJJI Armalah yang fokus pada Janda dalam hak keadilan yang berlandaskan spirit cinta kasih dan persamaan kesejahteraan dalam nilai Pancasila. Hal ini mendorong para janda dalam sikap berani dan mandiri dalam kebenaran.[A widow condition talks the subordination and marginalization on Social frame. The Woman in status is especially evident in seeing the experience of social exclusion and economic deprivation. Widows are not only unlucky, poor, and single parents, but the attitude of being discriminated against is the trigger for the loss of the right to expression. The status of the widow was also putting to suspicion and allegations of moral crimes. This paper aims to find out the spirit of the establishment of the organization's human rights on persaudaraan Janda-Janda Indonesia (PJJI) Armalah Yogyakarta. It is as well as activities in advocacy programs. It explores the possibility of female agency and destigmatization in the social framework for the Social honor value as women and mothers. The paper shows the work procedures of PJJI Armalah which focuses on widows in the right of justice based on the spirit of love and equality. It puts welfare in the values of Pancasila. The idea encourages widows to be courageous and independent in righteousness.] 

scholarly journals INTRODUCTION OF THE INSTITUTION OF PREVIOUSLY EXPRESSED WISHES REGARDING MEDICAL INTERVENTIONS IN MEDICAL LAW OF UKRAINE: STATE AND PROSPECTS

2021 ◽  
Vol 1 (15) ◽  
pp. 58-65
Author(s):  
G.V. Puchkova ◽  
L.P. Bohutska
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Medical Care ◽  
Comparative Method ◽  
Legal Regulation ◽  
Medical Intervention ◽  
Decision Making Process ◽  
Medical Law ◽  
Human Right ◽  
The Right

The aim. The aim of the article is to study the implementation of the principle of autonomy in the medical law of Ukraine, to determine the compliance of the medical legislation of Ukraine with the specified principle in terms of the exercising of the human right to express wishes for the provision of medical care in the future in case if a patient cannot personally express such wishes. Materials and methods. The authors have studied the European standards and practice of the European Court of Human Rights regarding the right of a person to participate in the decision-making process on the provision of medical care, scientific works of specialists in the field of medical law, dedicated to the patient's right to informed consent to medical intervention, the right to refuse treatment and ethical standards of legal regulation of relations with the participation of patients using the formal-logical method, the method of structural analysis, comparative method and legal modeling. Results. The study has found that there are gaps in the normative regulation of the patient's right to participate in the decision-making process in the provision of medical care, which carries a potential danger of violating the right to respect for private and family life, guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. Conclusions. It is proposed to eliminate these gaps by ratifying the Oviedo Convention by Ukraine, implementation of the institution of previously expressed wishes in the national legislation, determining the mechanism for drawing up, changing and revoking previously expressed medical directives, the designation an authorized person in case a patient is unable to independently express his or her own wishes for the provision of medical care taking into account the European experience, cultural characteristics of Ukrainian society, the state of functioning of the institutional and legal systems and the level of development of biology and medicine.

scholarly journals Međunarodna solidarnost i pravo na zdravlje

JAHR ◽  
2018 ◽  
Vol 9 (1) ◽  
pp. 69-85
Author(s):  
Sonja Trgovčić
Keyword(s):  
Human Rights ◽  
International Law ◽  
Right To Health ◽  
Shared Responsibility ◽  
Vulnerable Groups ◽  
Human Right ◽  
International Solidarity ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
The Right

The concept of international solidarity has been developing since the second half of the 20th century within the scope of international charters, conventions and declarations of protection of human rights. It has earned the qualities of the principle of international law and has been given a meaning of the key human right which binds together human rights of the first, second and third generation. With this work the author provides an explanation and gives a postulate to the legal nature of international solidarity and its legal feasibility. Furthermore, the author speaks about international cooperation, shared responsibility and the prevention of factors of climate change, hunger, inadequate health care, polarity in the economic development, and achieving equality. The author dedicates special attention to the right to health, its aspects and connections with international solidarity in protection of vulnerable groups.

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