scholarly journals El final de la vida como desafío a la ética sanitaria

2020 ◽  
pp. 49-59
Author(s):  
David Enrique Pérez González ◽  
Keyword(s):  
Fundamental Rights ◽  
International Treaties ◽  
Right To Life ◽  
Spanish Constitution ◽  
Free Development ◽  
Degrading Treatment ◽  
The One ◽  
Fundamental Rights And Freedoms ◽  
The Individual ◽  
The Right

Article 10 of the Spanish Constitution of 1978 recognizes the dignity of the individual, the inviolable rights inherent in it, the free development of personality, respect for the law and the rights of others as the basis of political order and social peace. The rules relating to fundamental rights and freedoms recognized by the Constitution shall be interpreted in accordance with the Universal Declaration of Human Rights and the international treaties and agreements on the same subjects ratified by Spain. Hence, this value of dignity serves as a basis in its analysis for framing a dignified death. On this premise, several doubts are raised regarding the combination of several of the precepts of the Magna Carta, which, in their application to the field of health, can generate discrepancies. We refer, on the one hand, to Article 15, which calls for the proclamation of both the right to life and the right not to be subjected to inhuman and degrading treatment. And on the other hand, we see that this same article 15 confronts the precepts that the Constitution dedicates to the right to personal freedom in its various variants.

Legal Aid Before Human Rights Treaty Monitoring Bodies

2000 ◽  
Vol 49 (2) ◽  
pp. 360-389 ◽  
Author(s):  
Andrew S. Butler
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
International Human Rights ◽  
State Compliance ◽  
International Human ◽  
Fundamental Rights And Freedoms ◽  
The Individual ◽  
The Right ◽  
Improve State ◽  
Universal Standard

The right of individuals to have recourse to international human rights bodies has been regarded as one of the most significant developments in securing respect for and the promotion of universal fundamental rights and freedoms.1 First, it ensures that individuals subjected to human rights violations have an alternative forum should the domestic judicial forums not be persuaded of the existence of rights violations, for whatever reason. Secondly, the availability of an individual's right of recourse affirms the fact that the individual is an actor cognisable by international law, and is not dependent on the intervention of other States for the safeguarding of his or her rights.2 This is particularly important, as many States are slow to engage complaint mechanisms against another State for fear of reprisal (be it in the form of economic or political sanctions, or the instigation of a complaint under the same mechanism by the other state), lack of interest, or otherwise.3 Thirdly, the existence of such fora, and the right of individual complaint from a variety of countries, are useful in developing a common universal standard of human rights observance.4 The combined result of these is that implementation of the goals set out in the international human rights instruments is facilitated because the means for their enforcement are not dependent upon international politics but rather are put in the hands of the rights holders. In turn, such machinery should improve State compliance.5

3 Art. 2 GG: Protection of the Right of Personality

2019 ◽  
Author(s):  
Bumke Christian ◽  
Voßkuhle Andreas
Keyword(s):  
Fundamental Rights ◽  
Preventive Detention ◽  
Self Determination ◽  
Constitutional Court ◽  
Right To Life ◽  
Federal Constitutional ◽  
Free Development ◽  
The Right ◽  
Scope Of Protection ◽  
Freedom Of Action

This chapter discusses the provisions of Art. 2 of the Grundgesetz (GG) with respect to the right to free development of personality. It first explains the scope of protection for the two fundamental-rights guarantees that comprise the right to free development of personality: general freedom of action and general right of personality. It then considers the question of interference with both rights and the constitutional justification of such interferences and cites decisions made by the Federal Constitutional Court in various cases, including those concerning the right to informational self-determination and the constitutionality of regulations on preventive detention. It also examines the conflicts between fundamental rights with respect to Art. 2 para. 1 GG before concluding with an analysis of the scope of protection for the right to life and physical integrity and the doctrine of the state's duty to protect.

scholarly journals Legal Certainty and Democracy: What the “Constitutional Legislator” Allows

2020 ◽  
Vol 20 (4) ◽  
pp. 439-448
Author(s):  
Mikhail V. Presnyakov ◽  
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Fundamental Rights ◽  
Constitutional Rights ◽  
Legal Certainty ◽  
The Stability ◽  
The One ◽  
Fundamental Rights And Freedoms ◽  
The Individual ◽  
Democratic Transformation

Introduction. The article analyzes the legal certainty of the individual as the stability of the content of fundamental rights and freedoms in the context of democratic processes of reforming the current legislation and the Constitution of the Russian Federation. Theoretical analysis. The article notes that the need for stability of fundamental human rights and freedoms is in some contradiction with their dynamic, evolutionary nature. The author questions the possible and necessary limits of majority democratic will with regard to the transformation of the legal system, in general, and constitutional rights and freedoms, in particular. The article addresses some “points of tension” between democracy and the rule of law. Results. On the basis of the article, it is concluded that participation in the processes of democratic transformation of the legal system can be considered as a right to democracy and, in this understanding, it needs the search for a balance with other fundamental rights and freedoms. It is on the basis of this balance that the legal certainty of the individual must be ensured, combining, on the one hand, the stability of the substantive characteristics of fundamental rights and freedoms, and, on the other hand, the expansion of legal claims and the evolution of human rights.

scholarly journals Delimitación de la protección civil del derecho al honor, a la intimidad y a la propia imagen

2011 ◽  
Author(s):  
Sonia Calaza López
Keyword(s):  
Fundamental Rights ◽  
Civil Protection ◽  
Historical Reality ◽  
Civil Process ◽  
Spanish Constitution ◽  
The Individual ◽  
The Right

El proceso civil de tutela del derecho al honor, a la intimidad y a la imagen encuentra su fundamento en la protección de estos derechos fundamentales de naturaleza sustantiva garantizados en el artículo 18 de la Constitución Española (CE) y regulados por la LO 1/1982, de 5 de mayo, de protección civil del derecho al honor, a la intimidad personal y familiar y a la propia imagen (LOPH). Ahora bien, esta LOPH no acomete distinción alguna entre cada uno de estos derechos, de dónde podría inferirse que la tutela del derecho al honor comporta, al propio tiempo, la de la intimidad y la propia imagen. La realidad histórica nos muestra múltiples casos en los que, en efecto, se produce, en unidad o sucesión de actos, una quiebra conjunta de los tres derechos fundamentales mencionados, pero ello no resulta óbice para reconocer que, en otras ocasiones, la lesión del derecho individual o concretamente vulnerado incide, de manera directa y exclusiva, en el honor, en la intimidad o en la imagen, sin interferencia o, si se prefiere, injerencia recíproca alguna. En este estudio tratamos de acometer, sin ánimo exhaustivo, un estudio sobre cual sea el bien o interés jurídico específicamente protegido por cada uno de estos derechos.The civil process of guardianship of the right to the honor, to the intimacy and to the image finds his foundation in the protection of these fundamental rights of substantive nature guaranteed in the article 18 of the Spanish Constitution (CE) and regulated by her 1/1982, of May 5, of civil protection of the right to the honor, to the personal and familiar intimacy and to the own image (LOPH). Now then, this LOPH does not attack any distinction between each of these rights, wherefrom there might be inferred that the guardianship of the right to the honor endures, to the own time, that of the intimacy and the own image. The historical reality shows us multiple cases in which, in effect, it takes place, in unit or succession of acts, a bankruptcy combines of three fundamental mentioned rights, but it does not turn out to be an obstacle to recognize that, in other occasions, the injury of the individual right or concretely damaged it affects, in a direct and exclusive way, in the honor, in the intimacy or in the image, without interference or, if it is preferred, reciprocal some interference. In this study we try to attack, without exhaustive spirit, a study on which it is the good or juridical interest specifically protected by each of these rights.

The Villa Item and a Bride's Ordeal

1929 ◽  
Vol 19 (1) ◽  
pp. 67-87 ◽  
Author(s):  
Jocelyn Toynbee
Keyword(s):  
The South ◽  
Important Paper ◽  
The North ◽  
Dwelling House ◽  
South Wall ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
North Wall ◽  
The Right

The paintings in the triclinium of the Villa Item, a dwelling-house excavated in 1909 outside the Porta Ercolanese at Pompeii, have not only often been published and discussed by foreign scholars, but they have also formed the subject of an important paper in this Journal. The artistic qualities of the paintings have been ably set forth: it has been established beyond all doubt that the subject they depict is some form of Dionysiac initiation: and, of the detailed interpretations of the first seven of the individual scenes, those originally put forward by de Petra and accepted, modified or developed by Mrs. Tillyard appear, so far as they go, to be unquestionably on the right lines. A fresh study of the Villa Item frescoes would seem, however, to be justified by the fact that the majority of previous writers have confined their attention almost entirely to the first seven scenes—the three to the east of the entrance on the north wall (fig. 3), the three on the east wall and the one to the east of the window on the south wall, to which the last figure on the east wall, the winged figure with the whip, undoubtedly belongs.

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.

The ICCPR as a ‘Living Instrument’: The Death Penalty as Cruel, Inhuman and Degrading Treatment

2004 ◽  
Vol 68 (6) ◽  
pp. 507-519 ◽  
Author(s):  
Amrita Mukherjee
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Right To Life ◽  
Degrading Treatment ◽  
The Right

This article examines the recent views of the UN Human Rights Committee on the issues related to the death penalty. Obligations under Articles 6 (the right to life) and 7 (the right not to be subjected to torture or other, cruel, inhuman and degrading treatment or punishment) are correlated. Despite widely divergent opinions within the Committee on the issue, this human rights body is moving towards strengthening the obligations of abolitionist states and, in so doing, restricting the availability of the sanction for retentionist states. This is consistent with the object and purposes approach and the nature of the ICCPR as a living instrument.

Learning to Solve a Business Problem: ‘Hands-on’ Can Get Results

2007 ◽  
Vol 21 (6) ◽  
pp. 465-471 ◽  
Author(s):  
Robyn Neeson ◽  
Leo Billington ◽  
Rowena Barrett
Keyword(s):  
Small Business ◽  
Business Owner ◽  
Business Growth ◽  
Small Business Owner ◽  
Business Training ◽  
Hands On ◽  
Small Business Training ◽  
The One ◽  
The Individual ◽  
The Right

Small business training can facilitate business growth. The authors show that a ‘hands-on’ approach can have a direct impact on a business owner's current situation. They consider this in relation to the problem of being unable to find the right staff, demonstrating that a programme such as the one they describe enables learning and addresses the lack of time and resources faced by many small business owner-managers. Such programmes also accommodate the style, pace and circumstances of the individual learner. This has a number of implications for the delivery of training to small business owner-managers.

scholarly journals Perspectiva constitucional de las garantías de aplicación de la Inteligencia Artificial: la ineludible protección de los derechos fundamentales.

2020 ◽  
Vol 6 (2) ◽  
pp. 72-82
Author(s):  
Jorge Castellanos Claramunt ◽  
María Dolores Montero Caro
Keyword(s):  
Artificial Intelligence ◽  
Point Of View ◽  
Fundamental Rights ◽  
Judicial Decisions ◽  
Spanish Constitution ◽  
The Right ◽  
Judicial Protection

Artificial Intelligence has an undeniable effect on today’s society, so its study regarding its legal effects becomes necessary. And consequently, how fundamental rights are affected is of particular importance. Hence, the present paper studies the influence of algorithms in determining judicial decisions, especially from the point of view of how this issue would affect the right to effective judicial protection, recognized as a fundamental right in article 24 of the Spanish Constitution.

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