scholarly journals The right to die with dignity and conscientious objection

2015 ◽  
pp. 52-53 ◽  
Author(s):  
Jose Henrique Rodrigues Torres
Keyword(s):  
Spiritual Development ◽  
Constitutional Court ◽  
Right To Die ◽  
Life Project ◽  
The World ◽  
The Dead ◽  
Independent Decision ◽  
The Right ◽  
Limits Of Medicine ◽  
The Ideal

he project of life is linked to freedom, as a right of each person to choose their own destiny. (...) The project of life fully encompasses the ideal of the American Declaration (of the Rights and Duties of Man) of 1948, which proclaims the spiritual development as the supreme end and the highest expression of human existence. Colombia's Constitutional Court, at guaranteeing the fundamental right to live and die with dignity, in the liberating expression of human rights, did not forget the mythical image of Charon ferrying the dead in his boat to Hades . In Colombia, the struggle against death, stubborn and limitless, contrary to the expression of the patients' will, cannot anymore be accepted as a duty or as a right of the doctors, who now must resign themselves to the conscious and independent decision of their patients, understanding the dimension of existence and of human dignity against the limits of medicine and science, to lead them, just with the necessary palliative care, in crossing the River Styx, to the "world of the dead ". Denying euthanasia, in terms of the decision of the Constitutional Court, constitutes a flagrant violation of the patients' "life project", who have, in the established circumstances, the right to legitimate anticipation of death.

scholarly journals Eutanasia para menores de edad en Colombia, dilemas éticos y jurídicos de la muerte digna en niños, niñas y adolescentes.

Bioderecho.es ◽  
2020 ◽  
Author(s):  
Dayron Reyes ◽  
Gabriela Suarez
Keyword(s):  
Constitutional Court ◽  
Right To Die ◽  
The Third ◽  
Legal Implications ◽  
The World ◽  
The Right

El presente artículo busca comprender un tema que suscita discusiones interminables dentro de la sociedad: la eutanasia. Hasta ahora solo se pensaba que el derecho a morir dignamente en Colombia le pertenecía a los mayores de edad; sin embargo, por mandato de la Corte Constitucional, se ha abierto la oportunidad para que menores de edad accedan a este procedimiento. Colombia es el tercer país del mundo en establecer un trámite para la eutanasia en menores de edad, pero esta regulación ha despertado serias dudas y ha avivado el debate acerca de las implicaciones éticas, sociales y jurídicas de la eutanasia. This article seeks to understand Euthanasia as a topic that raises endless discussions in our society. Until now, the right to die with dignity was only thought for those who were of legal age in Colombia; however, by order of the Constitutional Court, this opportunity has been opened for minors to access it. Colombia is the third country in the world to establish a procedure for Euthanasia for minors, but this regulation has raised serious doubts and has fueled the debate about its ethical, social, and legal implications.

scholarly journals The Illusion of Perfect Justice

2021 ◽  
pp. 55-70
Author(s):  
Christian Tomuschat
Keyword(s):  
World War Ii ◽  
International Law ◽  
Constitutional Court ◽  
International Court Of Justice ◽  
German Occupation ◽  
International Court ◽  
The World ◽  
The Icj ◽  
The Right ◽  
Italian Constitution

AbstractThe judgment of the Italian Constitutional Court (ItCC) of 22 October 2014 has set a bad precedent for international law by denying the implementation, within Italy, of the judgment of the International Court of Justice (ICJ) of 3 February 2012. The ICJ found that Italian courts and tribunals had violated German jurisdictional immunity by entertaining suits brought by Italian citizens against Germany on account of damages caused by war crimes committed during World War II by German occupation forces. According to a well-consolidated rule of general international law, no state may be sued before the courts of another state with regard to acts performed in the exercise of its sovereign power. In contravention of Article 94 of the UN Charter, the ItCC deemed it legitimate to discard that ruling because of the particularly grave character of many of the violations in question. It proceeded from the assumption that the right to a remedy established under the Italian Constitution was absolute and must apply even where the financial settlement of the consequences of armed conflict is at issue. However, it has failed to show the existence of any individual reparation claims and has omitted to assess the issue of war reparations owed by Germany in their broader complexity. The judgment of the ItCC might be used in the future as a pretext to ignore decisions of the World Court.

The Machinery of International Law and Democratic Backsliding

2021 ◽  
pp. 136-146
Author(s):  
Tom Ginsburg
Keyword(s):  
Political Participation ◽  
International Law ◽  
Term Limits ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
The World ◽  
International Rights ◽  
Recent Developments ◽  
The Law ◽  
The Right

This chapter focuses on the abuse of international rights to political participation so as to facilitate a leader's remaining in office beyond the constitutionally mandated term. This involves not only the abuse of the interpretation of rights, but also the abuse of the doctrine of unconstitutional constitutional amendments, which has spread around the world in recent years. How does this happen and what, if anything, can international law do about it? After introducing a motivating case — the famous decision of the Colombian Constitutional Court in the second re-election decision, in which courts stood for the protection of democracy — the chapter examines recent 'bad' cases in which rights and constitutional amendments are abused to extend leaders' terms. It surveys recent developments in the law of term limits, and briefly proposes a normative interpretation of the right to political participation which ought to be consistent with the emerging doctrine. The chapter suggests that there is an emerging consensus, at least in some regions of the world, that there are limits in states' ability to modify term limits unconditionally.

scholarly journals Fulfilling the self through food in wellness blogs: Governing the healthy subject

2021 ◽  
pp. 136754942110557
Author(s):  
Kaisa Tiusanen
Keyword(s):  
Healthy Subject ◽  
Food Consumption ◽  
Well Being ◽  
The Self ◽  
Self Control ◽  
Personal Journey ◽  
Technologies Of The Self ◽  
The World ◽  
The Right ◽  
The Ideal

In the world of wellness, food and eating are fundamentally important to one’s subjectivity: the self in this sphere is created and maintained through food consumption along a plant-based, ‘wholesome’ and healthy personal journey to well-being. This article focuses on the analysis of wellness food blogs run by women, aiming to map out the technologies of the self through which the ‘ideal wellness subject’ is created. The analysis examines technologies of subjectivity as they aspire towards (1) balance, (2) healing and (3) narrativization of the self. The article suggests that the subjectivities related to wellness culture draw from postfeminist and healthist ideologies and are based on a neoliberal discourse of individuality and self-control. The sociocultural indifference of wellness culture and its prerogative to police the self through culturally hegemonic pursuits based on (the right kind of) consumption makes the language of wellness a prominent neoliberal discourse.

scholarly journals Cremation and Burial

2019 ◽  
Vol 2 (1) ◽  
pp. 1-8
Author(s):  
Martin Olando
Keyword(s):  
Land Use ◽  
Status Quo ◽  
Extensive Reading ◽  
General Observation ◽  
The Status ◽  
Emerging Culture ◽  
Long Time ◽  
The Dead ◽  
The Right ◽  
The Ideal

For a long time, most African Christian have preferred burial as the most acceptable way in disposing dead bodies. However, this method of disposing the dead has been affected by diverse factors such as globalization, various interpretations of Scripture, and the decline of African perception on burial rights among others. In the nature of things, there has been an increase of cremation amongst African Christians. This has created a rift between two contrasting groups regarding the emerging culture of cremation as opposed to burial. Cremation seems to be a new concept that has not been embraced in most African societies. Those African Christians who insist on burial contend that it is the ideal godly way in the disposition of bodies. They cite biblical and Africa values in order to justify the status quo. For those who believe cremation is the right disposal method of the dead, they argue that it is less expensive and is positively sensitive to land use. In view of this, the article will examine success and challenges regarding burial and cremation. The materials in this presentation have been gathered through interviews, extensive reading of published works, and via general observation of unfolding practices.

Utopia's Discontents

2021 ◽  
Author(s):  
Faith Hillis
Keyword(s):  
Cultural Practices ◽  
Russian Empire ◽  
Ideal World ◽  
Social Experiments ◽  
The World ◽  
Utopian Communities ◽  
The Russian Empire ◽  
The Right ◽  
Jewish Intellectuals ◽  
The Ideal

In the years before the 1917 revolution, exiles who had fled the Russian empire created large and boisterous Russian colonies across Western and Central Europe. Centers of radical activity in the heart of bourgeois cities, these émigré settlements evolved into revolutionary social experiments in their own right. Feminists, nationalist activists, and Jewish intellectuals seeking to liberate and uplift populations oppressed by the tsarist regime treated the colonies as utopian communities, creating new networks, institutions, and cultural practices that reflected their values. Prefiguring the ideal world of freedom and universal fraternity of which radicals dreamed, émigré communities played a crucial role in defining the Russian revolutionary tradition and transforming it into praxis. The dreams born in the colonies also influenced their European host societies, informing international debates about the meaning of freedom on both the left and the right. But if the utopian visions forged in exile inspired populations far and wide, they developed a tendency to evolve in unexpected directions. Colony residents’ efforts to transform the world unwittingly produced explosive discontents that proved no less consequential than their revolutionary dreams.

Colombian Constitutional Law

2017 ◽  
Keyword(s):  
Case Law ◽  
Global South ◽  
Social Rights ◽  
Constitutional Court ◽  
Internally Displaced ◽  
Cultural Autonomy ◽  
Internal Armed Conflict ◽  
Social Landscape ◽  
The World ◽  
The Right

This book makes available the case law of the Colombian Constitutional Court in English, which has become one of the most creative and important courts of the global south and the world since its creation in 1991. It provides concise and carefully chosen extracts of the Court’s most important cases, along with notes and introductory materials to place them in a historical and comparative context. The book covers the Court’s landmark rights jurisprudence, including the decriminalization of drug possession, the legalization of same-sex marriage, the protection of social rights through broad structural orders such as the ones covering internally displaced persons and the right to health, the protection of the rights of indigenous peoples to cultural autonomy and to be consulted before economic projects are undertaken on their land, and the rights of victims of the country’s long-running internal armed conflict to truth, justice, and reparations. It also covers the Court’s most noteworthy structural cases, particularly its successful attempt to limit the use of states of exception and its substitution of the constitution doctrine. The materials highlight the Court’s contributions in a comparative perspective, showing how they are exemplary of a range of problems faced by courts around the world and particularly as an example of aggressive judicial review by the courts of the global south. At the same time, they demonstrate how many of the Court’s key cases are reactions to the historical features of the Colombian legal and social landscape.

scholarly journals The Principles of The City-State in Aflatun’s View

2021 ◽  
Vol 8 (4) ◽  
pp. 597-627
Author(s):  
Muslim Hassan Mohammed ◽  
Zryan Hamza Aziz
Keyword(s):  
Political Systems ◽  
Human Beings ◽  
Ideal State ◽  
The Social ◽  
The World ◽  
The Will ◽  
City State ◽  
The Right ◽  
The City ◽  
The Ideal

Aflatun’s thoughts, as great Greek philosopher, are still counted as one of the best references in terms of political philosophy and are in practice in the world of politics. Aflatun owns a utopian state based on the foundation of justice and virtue. Aflatun’s state, ruled by philosopher-kings, is characterized by having particular thoughts about the system of education. Politics is vitally important within Aflatun’s philosophy. It is regarded as means of planning his utopian city. Aflatun believes that political systems can be classified, in accordance to their ruling type, into aristocracy, timocracy, oligarchy, democracy, monarchy and dictatorship. Among them, Aflatun believes that aristocracy is the best since it’s practiced by a philosopher-king.    Aflatun in his ideal state refers to metaphysics as an important basic of his utopian city.  Aflatun’s view is that the ideal state can only be cherished in the life of hereafter, though those in power may be able to find some sort of the ideal life in this world. The philosopher-kings, on the other hand, are able to practice such an ideal life in this world. In Aflatun’s view, any sort of change happening in the world from the perfection towards the imperfection and weakness. This is due to the unstable feature of the world that never stays constantly. Only God is characterized by stableness and mortality.    Aflatun thinks that ‘ethics’ is one of the practical fields of philosophy which shows the will of any human being that depends on performing the duty of individuals in the society to establish social justice. Aflatun states that education refers to the right preparation of human beings to suit the world of justice. He sees the education as the highest virtue. Aflatun repeats that all the social city-state classes have to get the proper education formed in certain phases based on the age of the citizens.

scholarly journals Students Preferences in Teaching Methods of Entrepreneurship Education

2021 ◽  
Vol 14 (2) ◽  
pp. 66-78
Author(s):  
Martin Pech ◽  
Petr Řehoř ◽  
Michaela Slabová
Keyword(s):  
Teaching Methods ◽  
Teaching Method ◽  
Entrepreneurship Education ◽  
Business Environment ◽  
The World ◽  
The Right ◽  
Almost All ◽  
The University ◽  
South Bohemia ◽  
The Ideal

Entrepreneurial education (EE) has recently become popular at universities of economics almost all over the world. Various teaching methods play a very important role in the development of the future entrepreneurs. Therefore, in order for a student to become a successful entrepreneur, it is important to find the most effective tool for the teachers to support entrepreneurship education and find the ideal connection between the needs of the students and the right choice of a teaching method. There is a large gap between the needs of the business environment and university studies of this area. The research is based on 214 questionnaires, which were filled in by the students of the University of South Bohemia in České Budějovice in 2018-2019. The aim of the paper is to find and analyse the preferences of teaching methods for students of management based on the following criteria: gender, faculty, degree of study. The students expected to be taught by active methods, e.g. experts lectures and business simulators. Differences in the use of teaching methods were the most evident among students from different faculties.

The Ugly Psyche: Arendt and the Right to Opacity

2020 ◽  
Vol 50 (2) ◽  
pp. 177-198
Author(s):  
Anne O’Byrne
Keyword(s):  
Public Life ◽  
Oedipus Complex ◽  
Specific Question ◽  
The World ◽  
Life Of The Mind ◽  
Points Of View ◽  
The Right ◽  
The Mind ◽  
Sensus Communis ◽  
The Ideal

Abstract Arendt was famously dismissive of the work of psychologists, claiming that they did nothing more than reveal the pervasive ugliness and monotony of the psyche. If we want to know who people are, she argued, we should observe what they do and say rather than delving into the turmoil of their inner lives; if we want to understand humanity, we would be better off reading Oedipus Rex than hearing about someone’s Oedipus complex. The rejection has a certain coherence in the context of her understanding of public life as the realm of appearance and opinion, but examining it through the specific question of ugliness complicates that understanding. While beauty invites us to contemplate the world and admire it, ugliness repels our attention and sows the seed of a worry that the world might not want to be known. Working with Eichmann in Jerusalem, The Life of the Mind: Thinking, the Kant lectures and a striking Denktagebuch entry in which she reacts with revulsion to Matisse’s Heads of Jeannette, I argue that Arendt’s response to the ugly psyche requires a re-examination of the sensus communis. If the psyche does not want to be known, and if not all points of view are open to imaginative occupation, the ideal and practice of enlarged mentality must reckon with a right to opacity.

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