scholarly journals THE AVOIDANCE OF STIGMATIZATION ON GENETIC GROUNDS: LEGAL ASPECT

2021 ◽  
Vol 17 (2(64)) ◽  
pp. 26-38
Author(s):  
Юрий Сергеевич ПОВАРОВ

The avoidance of stigmatization of an individual, family, group or community is a key starting point in the collection and use of human genetic data, but the legal framework for the implementation of this principle has not yet yielded much scientific understanding and legislative development in Russia.Purpose: to analyze the preconditions, essence and consequences of social stigmatization on genetic grounds; to establish the relationship between «stigmatization» and «discrimination»; to define the main directions for thedevelopment of national legislation with a view to counteracting such stigmatization. Methods: the author uses general theoretical methods of formal and dialectical logic and such special scientific methods as legal-dogmatic, legalmodeling, comparative legal. Results: the main factors leading to an increased risk of social stigmatization based on genetic characteristics are identified; arguments are given in favor of postulating the detriment of such «stigma»; the rationality of the «limited» regularization of the corresponding block of relations is proved by, first of all, establishing a norm-principle on the prevention of stigmatization on genetic grounds (which implies legal redefinition of stigma, independent of the definition of discrimination) and the development of rules on the proper operation of the principles of consent and confidentiality.

2021 ◽  
Vol 31 (2) ◽  
pp. 307-321
Author(s):  
Luke O’Sullivan ◽  

The concept of civilisation is a controversial one because it is unavoidably normative in its implications. Its historical associations with the effort of Western imperialism to impose substantive conditions of life have made it difficult for contemporary liberalism to find a definition of “civilization” that can be reconciled with progressive discourse that seeks to avoid exclusions of various kinds. But because we lack a way of identifying what is peculiar to the relationship of civilisation that avoids the problem of domination, it has tended to be conflated with other ideas. Taking Samuel Huntington's idea of a “Clash of Civilisations” as a starting point, this article argues that we suffer from a widespread confusion of civilisation with “culture,” and that we also confuse it with other ideas including modernity and technological development. Drawing on Thomas Hobbes, the essay proposes an alternative definition of civilisation as the existence of limits on how we may treat others.


2015 ◽  
Vol 84 (1) ◽  
pp. 3-28 ◽  
Author(s):  
James A. Green ◽  
Christopher P.M. Waters

For self-defence actions to be lawful, they must be directed at military targets. The absolute prohibition on non-military targeting under the jus in bello is well known, but the jus ad bellum also limits the target selection of states conducting defensive operations. Restrictions on targeting form a key aspect of the customary international law criteria of necessity and proportionality. In most situations, the jus in bello will be the starting point for the definition of a military targeting rule. Yet it has been argued that there may be circumstances when the jus ad bellum and the jus in bello do not temporally or substantively overlap in situations of self-defence. In order to address any possible gaps in civilian protection, and to bring conceptual clarity to one particular dimension of the relationship between the two regimes, this article explores the independent sources of a military targeting rule. The aim is not to displace the jus in bello as the ‘lead’ regime on how targeting decisions must be made, or to undermine the traditional separation between the two ‘war law’ regimes. Rather, conceptual light is shed on a sometimes assumed but generally neglected dimension of the jus ad bellum’s necessity and proportionality criteria that may, in limited circumstances, have significance for our understanding of human protection during war.


2019 ◽  
Vol 91 ◽  
pp. 08071 ◽  
Author(s):  
Uliana Filatova ◽  
Nina Semeryanova ◽  
Svetlana Suslova ◽  
Alena Gabudina ◽  
Anna Kopytova

The article discusses the main issues of definition of social entrepreneurship, both from economic and legal point of view. Since Russian legislature is only at the beginning of the way to create legal framework for activities, legislation on social entrepreneurship seems fragmentary and inconsistent. All of that adversely affects development of social entrepreneurship. Official city statistics (Nizhnevartovsk) show that less than a third of all entrepreneurs are interested in this type of activity; entrepreneurs who already have business in the field of social entrepreneurship mostly do not plan to expand current activities in this area. Analysis can contribute to creation of developed socio-economic relations in Russia. It can be achieved by building effective relations between social entrepreneurs and beneficiaries on the one hand, and also between social entrepreneurs and the state on the other.


2007 ◽  
Vol 7 ◽  
pp. 129-134
Author(s):  
Michael Nagenborg

In this paper I will argue that artificial moral agents (AMAs) are a fitting subject of intercultural information ethics because of the impact they may have on the relationship between information rich and information poor countries. I will give a limiting definition of AMAs first, and discuss two different types of AMAs with different implications from an intercultural perspective. While AMAs following preset rules might raise con-cerns about digital imperialism, AMAs being able to adjust to their user‘s behavior will lead us to the question what makes an AMA ?moral?? I will argue that this question does present a good starting point for an inter-cultural dialogue which might be helpful to overcome the notion of Africa as a mere victim.


Healthcare ◽  
2021 ◽  
Vol 9 (12) ◽  
pp. 1741
Author(s):  
Marie Nabbe ◽  
Helmut Brand

The COVID-19 pandemic brought visibility and intensified the discussions on the European Union’s (EU) health mandate. The proposals of the European Commission (EC) to move towards a European Health Union (EHU) can be seen as a starting point towards more integration in health. However, the definition of what the EHU will look like is not clear. This paper searches to find a common definition, and/or features for this EHU through a systematic literature review performed in May 2021. “European Union’s concern about health for all” is suggested as a definition. The main drivers identified to develop an EHU are: surveillance and monitoring, crisis preparedness, funding, political will, vision of public health expenditures, population’s awareness and interest, and global health. Based on these findings, five scenarios were developed: making a full move towards supranational action; improving efficiency in the actual framework; more coordination but no real change; in a full intergovernmentalism direction; and fragmentation of the EU. The scenarios show that the development of a EHU is possible inside the current legal framework. However, it will rely on increased coordination and has a focus on cross-border health threats. Any development will be strongly linked to political choices from Member States.


1999 ◽  
Vol 21 (4) ◽  
pp. 369-397 ◽  
Author(s):  
Samuel Hollander ◽  
Sandra Peart

Our concern is John Stuart Mill's methodological pronouncements, his actual practice, and the relationship between them. We argue that verification played a key role in Mill's method, both in principle and in practice. Our starting point is the celebrated declaration regarding verification in the essay On the Definition of Political Economy; and on the Method of Investigation Proper to It (1836/ 1967; hereafter Essay): “By the method à priori we mean … reasoning from an assumed hypothesis; which … is the essence of all science which admits of general reasoning at all. To verify the hypothesis itself à posteriori, that is, to examine whether the facts of any actual case are in accordance with it, is no part of the business of science at all, but of the application of science” (Mill 1836/1967, p. 325). The apparent position that the basic economic theory is impervious to predictive failure emerges also in a sharp criticism of the à posteriori method:


2016 ◽  
Vol 41 (3-4) ◽  
pp. 137-145 ◽  
Author(s):  
Camille Ouvrard ◽  
Céline Meillon ◽  
Jean-François Dartigues ◽  
José Alberto Ávila-Funes ◽  
Hélène Amieva

Background: This study investigates the relationship between psychosocioeconomic precariousness, cognitive decline and risk of developing dementia. Methods: The sample consisted of 3,710 subjects aged ≥65 years. Psychosocioeconomic precariousness was assessed with a ratio consisting of 8 self-reported items of poor socioeconomic status and psychosocial vulnerability. Results: Participants who were considered as precarious (n = 1,444) presented greater cognitive decline (β = -0.07; p = 0.0067) after adjusting for various confounders. They also had a 36% increased risk of developing dementia (hazard ratio 1.36, 95% confidence interval 1.17-1.57; p < 0.0001) over the 25-year follow-up period. Conclusion: Psychosocioeconomic precariousness is associated with greater cognitive decline and increased risk of developing dementia. This relationship can be explained in light of the concept of cognitive reserve and strengthens the need to consider psychosocioeconomic precariousness of elderly individuals in the definition of successful ageing policies.


2021 ◽  
Vol 17 (3(65)) ◽  
pp. 225-232
Author(s):  
Михаил Владимирович ЕЛИЗАРОВ

This paper examines the efficiency of the international legal framework governing activities of States in outer space in view of the existing gaps within it allowing for space weaponization and the use of force in outer space. Purpose: the paper attempts to answer the following question – is there a clear line between peaceful exploration and militarization of outer space, and is it legally permissible to deploy anti-satellite and anti-missile systems in outer space? Methods: the study employs general scientific methods, legal interpreting and forecasting. Results: the following conclusions have resulted from the study: the 1967 Outer Space Treaty does not cover potentially harmful activities of States in outer space; there is no general agreement on the definition of «space weapon»; the line that's drawn between peaceful space exploration and militarization appears to be blurry; the emphasis in understanding the term «peaceful» has shifted towards the meaning of «non-aggressive»; non-aggressive military uses of space allow for the deployment of defensive weapon systems in  space.


2019 ◽  
Vol 4 (4) ◽  
pp. 80-92
Author(s):  
Pablo Fisher

During 2016 and 2017 the Centro de Producciones Radiofnicas (CPR-CEPPAS) conducted a research project on the ways 11 community radio stations in Argentina generate and manage financial resources. We selected a comprehensive sample with different types of community radio stations and used UNESCO's Media Development Indicators as a starting point. The main goal of the investigation was to deepen our knowledge about the relationship between community radio stations and the market, taking into account work, financial planning and management. We approached the radio stations with the understanding that their sustainability could be measured on multiple levels, not only financially, but also by putting special attention to the economic aspect of sustainability. We draw regularities, identified strengths and weaknesses, and pointed out creative fundraising methods. Our main conclusion is that the multiplicity and diversity of funding sources is a distinctive element of the definition of community radio.


Retos ◽  
2021 ◽  
Vol 41 ◽  
pp. 746-755
Author(s):  
Tetiana Kolomoiets ◽  
Maxym Tkalych ◽  
Petro Melnyk ◽  
Bogdan Panchenko ◽  
Yuliia Tolmachevska

  Globalization processes do not ignore any sphere of human life. They did not miss the field of sports. As a result, the problem of corruption, which used to be unequally prevalent in every national jurisdiction, is beginning to threaten the integrity of sport at the global level. Therefore, legal science has a task to determine the legal algorithms for combating sports corruption both within the country and in the international arena. The study aims to establish legal mechanisms to combat corruption in sports at both national and international levels. The object of research is public relations in the field of sports law. The subject of the study is public relations in the field of sports law, which have developed concerning methods and means of combating sports corruption. The research methods were philosophical, general scientific, and special scientific methods such as dialectical, system-structural, comparative-legal, and formal-legal methods. As a result of the work, a description of the state of research of the problem was given, the main approaches to defining the concept of sports corruption and match-fixing were analyzed, the legal framework (international and national) was characterized, specific examples of corruption offenses and their solution in sports were given. Resumen. Los procesos de globalización no ignoran ningún ámbito de la vida humana. No faltaron al campo de los deportes. Como resultado, el problema de la corrupción, que solía prevalecer de manera desigual en todas las jurisdicciones nacionales, está comenzando a amenazar la integridad del deporte a nivel mundial. Por lo tanto, la ciencia jurídica tiene la tarea de determinar los algoritmos legales para combatir la corrupción deportiva tanto en el país como en el ámbito internacional. El estudio tiene como objetivo establecer mecanismos legales para combatir la corrupción en el deporte tanto a nivel nacional como internacional. El objeto de investigación son las relaciones públicas en el ámbito del derecho deportivo. El tema del estudio son las relaciones públicas en el campo del derecho deportivo, que se han desarrollado sobre métodos y medios para combatir la corrupción deportiva. Los métodos de investigación fueron filosóficos, científicos generales y métodos científicos especiales, como los métodos dialéctico, estructural de sistema, legal comparativo y legal formal. Como resultado del trabajo se dio una descripción del estado de investigación del problema, se analizaron los principales enfoques para definir el concepto de corrupción deportiva y partidos contractuales, se caracterizó el marco legal (internacional y nacional), ejemplos específicos de Se dieron a conocer los delitos de corrupción y su solución en el deporte.


Sign in / Sign up

Export Citation Format

Share Document