scholarly journals Gospel and constitutional imperatives: the right to life

2011 ◽  
Vol 45 (1) ◽  
Author(s):  
S.P. Giles
Keyword(s):  
Daily Living ◽  
Ethical Issues ◽  
Legal Framework ◽  
Theoretical Argument ◽  
Right To Life ◽  
Ethical Perspective ◽  
Divine Origin ◽  
Christian Discipleship ◽  
The Republic ◽  
The Right

Gospel and constitutional imperatives: the right to life In the Republic of South Africa, Christians are called to live out gospel imperatives within the legal framework of the Constitution. Ethical issues about the right to life are considered from the perspectives of selected gospel and constitutional imperatives. Gospel imperatives impose themselves as a consequence of Christian discipleship. These are many and diverse, both explicit and implicit. Christian vocation, discipleship, witness and perseverance, are foundational and integral to the praxis of Christian daily living. These facets of Christian life are illustrated by the selected gospel imperatives, “Follow me” (Matt. 4:19 and synoptic parallels), “Love God, and your neighbour as yourself” (Matt. 22:34-40 and synoptic parallels), and “Take up your cross” (Matt. 10:38 and synoptic parallels). The central theoretical argument of this article is driven from a reformed ethical perspective. Gospel imperatives have priority over constitutional imperatives since gospel imperatives are of divine origin and constitutional imperatives of human origin. Acknowledgement of these priorities informs the Christian ethical perspective on the right to life and on abortion.

On the “Right to Death”

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Nikoleta Puleva ◽  
◽  
◽  
Keyword(s):  
Legal Framework ◽  
Right To Die ◽  
Controversial Issues ◽  
Right To Life ◽  
Human Value ◽  
The Republic ◽  
The Right

The right to life is a fundamental, personal, constitutionally secured right of persons, which has the highest level of protection against the truth of order. Art. 28 of the Constitution of the Republic of Bulgaria, arrange the right to life as an accessory to every person. It is not regulated by the Bulgarian government, which has been produced on its life – the right to die. Its legal framework would contribute to the contribute of controversial issues regarding a person’s attitude to the death of persons in order to protect the basic human value – life.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

QUO VADIS HUKUM ISLAM (ANTARA IDEALITAS DAN REALITAS INDONESIA)

2020 ◽  
Vol 8 (2) ◽  
pp. 97-108
Author(s):  
Dinda Izzati
Keyword(s):  
Political Rights ◽  
Right To Life ◽  
Economic Rights ◽  
Christian Communities ◽  
Basic Assumptions ◽  
Eastern Indonesia ◽  
The Republic ◽  
Quo Vadis ◽  
The Right

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.

scholarly journals Company Changing Status and Its Linking to Competitiveness

2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun
Keyword(s):  
Mergers And Acquisitions ◽  
Legal Framework ◽  
Decision Makers ◽  
Economic Activities ◽  
Economic Interests ◽  
Eu Legislation ◽  
The Republic ◽  
The Right ◽  
A Company ◽  
The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

scholarly journals EKSISTENSI HUKUMAN MATI DITINJAU DARI ASPEK HAM SIPIL DALAM PERSEPEKTIF HAK UNTUK HIDUP

2021 ◽  
Vol 3 (2) ◽  
pp. 72-91
Author(s):  
I Gusti Bagus Hengki
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Research Methodology ◽  
Scientific Paper ◽  
Human Rights Law ◽  
Right To Life ◽  
The Republic ◽  
Perpetrators And Victims ◽  
The Right

This scientific paper is expected to find out how the existence of the death penalty is viewed from the aspect of Civil Human Rights in the perspective of the right to life and whether the existence of the death penalty is contrary to the ideology of the Pancasila State and the 1945 Constitution of the Republic of Indonesia and the Human Rights Law with a normative research methodology with using a statutory approach. From the results of the discussion that the existence of the death penalty in terms of the Civil Human Rights aspect in the perspective of the right to life still needs to be maintained, because it does not conflict with the ideology of the Pancasila State and the 1945 Constitution of the Republic of Indonesia, the Human Rights Law, UDHR and ICCPR, as well as religion. in Indonesia, as long as it is not carried out arbitrarily, in accordance with the provisions of the legislation. This needs to be done because to provide protection for individual perpetrators and victims against acts of revenge, emotional, uncontrollable, vigilante, so that it does not guarantee that the death penalty is abolished. Indeed, there are parties who are pro and contra about the death penalty by both underpinning Pancasila, all of which is to make Pancasila a "Justification".   Tulisan ilmiah ini diharapkan dapat mengetahui bagaimana eksistensi  hukuman mati  ditinjau dari aspek  HAM Sipil dalam perspektif hak untuk hidup  dan apakah eksistensi  hukuman mati bertentangan dengan  ideologi Negara Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 serta  Undang-Undang HAM dengan metodologi penelitian normatif dengan menggunakan jenis pendekatan perundang-undangan (statute Approach). Dari hasil pembahasan bahwa eksistensi hukuman mati ditinjau dari aspek HAM Sipil dalam perspektif Hak untuk hidup  masih perlu dipertahankan, karena tidak bertentangan dengan ideologi Negara Pancasila dan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, Undang-Undang HAM, UDHR dan ICCPR, maupun agama yang ada di Indonesia, asal dilaksanakan  tidak sewenang-wenang, sesuai dengan ketentuan peraturan perundang-undangan. Hal ini perlu diadakan  karena untuk memberikan perlindungan terhadap individu pelaku dan korban terhadap tindakan balas dendam, emosional, tidak terkendali, main hakim sendiri, sehingga tidak menjamin bahwa kalau hukuman pidana mati ditiadakan.  Memang ada pihak yang pro dan kontra tentang hukuman mati dengan sama-sama mendasari Pancasila, semuanya itu untuk menjadikan Pancasila sebagai “Justification“.

The Universal Declaration of Human Rights in medical-ethical perspective

1999 ◽  
Vol 48 (1) ◽  
pp. 49-59
Author(s):  
Willem J. Eijk
Keyword(s):  
Human Rights ◽  
Assisted Suicide ◽  
Choice Theory ◽  
Universal Declaration ◽  
Crimes Against Humanity ◽  
Right To Life ◽  
Ethical Perspective ◽  
Surgical Interventions ◽  
Definition Of ◽  
The Right

Notwithstanding its impressive achievements in combating crimes against humanity, the Universal Declaration of Human Rights offers no sufficient basis for medical ethics. It does not provide a clear definition of the human being who is subject of human rights, thus giving room for philosophical anthropologies according to which fetuses or neonates are no human persons yet or at most ‘marginal persons’. Because the Declaration likewise fails to define the concept of right, it can be interpreted from the perspective of classical theories of right as well as from that of the ‘choice theory of right’. If, as the last states, the right to life would include the right to dispose of it, the Declaration could serve to defend euthanasia, assisted suicide and manipulative medical and surgical interventions as well.

scholarly journals The importance of educational interventions for the overcoming of obstacles in the employment of intellectually disabled persons

2021 ◽  
pp. 107-126
Author(s):  
Biljana Milanović-Dobrota ◽  
Aleksandra Đurić-Zdravković ◽  
Mirjana Japundža-Milisavljević ◽  
Sara Vidojković
Keyword(s):  
Educational Interventions ◽  
Legal Framework ◽  
Disabled Persons ◽  
Working Environment ◽  
Intellectually Disabled ◽  
The Disabled ◽  
Private And Public ◽  
Negative Perceptions ◽  
The Republic ◽  
The Right

In spite of the legal framework intended for the promotion and protection of rights of the disabled, such persons are still facing significant difficulties in the labour market. Intellectually disabled persons are in a particularly difficult position, primarily due to the negative perceptions held by citizenry which stem from the lack of knowledge and information about their labour potentials. We conducted research in order to determine the most prevalent obstacles in the employment of intellectually disabled persons, as perceived by employed non-disabled persons. The research comprised a sample of 269 subjects of both sexes, of differing educational levels and employed in the private and public sector in the Republic of Serbia. The analysis of the attained results points to the need for certain kinds of educational interventions, whose programmes would improve the knowledge and awareness of employed persons regarding the right to work of intellectually disabled persons, promote diversity and create an inclusive working environment. The different modes of training, reinterpretation and transformation of previous experience, informing and establishing positive contacts with intellectually disabled persons, conducted by a multidisciplinary team of experts would establish a stable base for the removal of obstacles in the employment process.

scholarly journals The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

2017 ◽  
Vol 7 (1) ◽  
Author(s):  
M.Sc. Albana Metaj-Stojanova
Keyword(s):  
Family Life ◽  
Nuclear Family ◽  
Legal Framework ◽  
Human Right ◽  
Family Structures ◽  
Degree Of Protection ◽  
Republic Of Macedonia ◽  
The Family ◽  
The Republic ◽  
The Right

The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR). The family structure and the concept of family life have changed dramatically over the last few decades, influenced by the everchanging social reality of our time and the decline of the institution of marriage. Aside from the traditional European nuclear family composed of two married persons of opposite sex and their marital children, new forms of family structures have arisen. LGTB families are at the centre of the ongoing debate on re-defining marriage and the concept of family life. The aim of this paper is to analyse the degree of protection accorded to family life and to the right to marry, which has long been recognized as one of the vital personal rights essential to the pursuit of happiness by free men by both, international acts ratified by the Republic of Macedonia and the legal system of the country. The methodology applied is qualitative research and use of the analytical, historical and comparative methods. The paper concludes that in general Republic of Macedonia has a solid legal framework, in compliance with the international law, that protects and promotes the right to family life.

scholarly journals THE IMPLEMENTATION OF CRIMINAL SANCTIONS IN CRIMINAL CODE AGAINST CRIMINAL ABORTION ACTION BASED ON JUSTICE VALUE

2017 ◽  
Vol 4 (2) ◽  
pp. 161
Author(s):  
Hanuring Ayu Ardhani Putri
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Right To Life ◽  
Criminal Sanctions ◽  
The Family ◽  
Health Expert ◽  
The Republic ◽  
The Right ◽  
Health Experts

The right to life is one of the human rights listed in the Constitution of the State as described in Article 28 (a) of the 1945 Constitution of the Republic of Indonesia. Abortion often occurs in this village. The health expert has not yet given a definitive response, vaguely seen the agreement that abortion can be done by considering the cause, the future of the child and the psychological reason of the family, especially the mother, provided that it is done in ways that meet certain conditions and conditions. So also with social experts who have a view that is not much different from health experts. This study aims to analyze the rights of women from the perspective of human rights and the application of criminal sanctions for perpetrators of criminal acts of abortion. This research method using normative juridical, which both research data obtained from references of literature and applicable legislation, and analyze from court decision. It is concluded that the application of criminal sanction by Judge to perpetrator of abortion crime in Indonesia is still very low compared to criminal threat contained in Criminal Code.

Law and Society - Euthanasia and Criminal Law

2018 ◽  
Vol 5 (2) ◽  
pp. 142-150
Author(s):  
Brunela Kullolli ◽  
lrjan Hysa
Keyword(s):  
Criminal Code ◽  
Right To Die ◽  
Right To Life ◽  
Human Right ◽  
Positive Effects ◽  
Criminal Offenses ◽  
The Republic ◽  
The Right ◽  
Sustainable Protection ◽  
Protection Of Life

Abstract Euthanasia or "sweet death" is a topic that has sparked numerous debates throughout history. In Albania, the right to life is protected by Article 21 of the Constitution of the Republic of Albania. Regarding the individual's right to die in Albania, both forms of euthanasia, the passive and the active one, are considered criminal offenses and are punishable by law. The problem lies in the fact that such a definition is not found in the Albanian legislation, but such actions are considered as criminal by the interpretation of the law. In this topic we will study the perception of Albanians regarding euthanasia and whether the Albanian legislation should include this form of soft death or not. The protection of life in the country should take the dimensions of a sustainable protection. For this reason, in addition to the positive effects of improving life protection that derive from the application of the entirety of the various criminal justice programs and policies, also including the recent amendments to the Criminal Code of the Republic of Albania, a concrete and continuous protection should be provided in support of the right to life. I have always drawn a debate on this issue, which deals with the fundamental human right, with the most sacred right, that of life.

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