„PACIJENTOVO PISMO“ KAO PRAVNI OSNOV ZA PRIMENU PASIVNE EUTANAZIJE

2021 ◽  
pp. 211-229
Author(s):  
Aleksandra Pavićević ◽  
Keyword(s):  
Living Will ◽  
Self Determination ◽  
Foreign Countries ◽  
Prolongation Of Life ◽  
The Subject ◽  
Constitutional Right ◽  
The Right ◽  
The Relationship ◽  
Domestic Law ◽  
Dying Patient

The subject of the paper is the relationship between the duties of physicians and other medical professionals towards the dying patient (as a provider of medical services) and the patient's right to personal choice and preservation of his own right to self-determination in relation to body and life, which is a special subjective civil right. The author discusses the legal-medical (but also ethical) issue of the patient's ability to freely decide not to agree to a medical measure of artificial prolongation of life or suspension of already started measures. The issue is examining the limits of the so-called permissibility of “passive euthanasia”, which is indirectly recognized in domestic law by the Law on Patients' Rights and the legal basis for its application in one particular modality, the so-called "Patient letter" (living will) which is an established legal instrument in some foreign legislation and practice. Analyzing the experience of some foreign countries, the author supports the introduction of such an institute - as a kind of anticipated directives in domestic law, referring to the patient's constitutional right to self-determination, which embodies the supreme good, even more valuable than (unwanted) life. Such a solution is in line with the principle of human will autonomy, freedom to dispose of life as a personal good, and potentially a reflection of the so-called "the right to die", which is the reverse of the right to life

POST-SOVIET DRAMA OF INTERNATIONAL RELATIONS (IN CONNECTION WITH THE 99TH ANNIVERSARY OF THE FORMATION OF THE USSR AND THE 30TH ANNIVERSARY OF ITS ABOLISHMENT)

2021 ◽  
pp. 62-75
Author(s):  
Aleksandr В. Lyubinin
Keyword(s):  
Soviet Union ◽  
Self Determination ◽  
30Th Anniversary ◽  
The Soviet Union ◽  
Real Process ◽  
Single State ◽  
Constitutional Right ◽  
The Right ◽  
The Relationship

The article was prepared in connection with the 99th anniversary of the formation of the USSR and the 30th anniversary of the termination of its existence. The article reveals the relationship between the norms of the Constitution of the USSR of 1924 (and subsequent versions of the document) on the self-determination of nations and their right to secede from the Union with the real process of destruction of a single state. It is shown that the disintegration of the Union was carried out not in connection with the constitutional right of the union republics to self-determination, not with the observance of the appropriate procedures for leaving the single state, but, on the contrary, on an anti-constitutional basis. The author reveals the artificial and politically motivated nature of the arguments regarding the «mines» laid down in their time by the Bolsheviks under the national state structure of the USSR. This device turned out to be productive both for repelling military aggression and for peaceful construction, because it was formed taking into account the totality of the binding circumstances of its time, on the principles of equality and voluntary self-determination. It has been proven that the absence of the right to secede from parts of a single state does not provide any guarantees against the collapse of this state, an example of which is the European monarchies that ended their journey at the beginning of the 20th century, as well as the events in the USSR and around the Chechen Republic. The fundamental difference between constitutional multinational formations, one of which was the Soviet Union, and formations built on a contractual basis following the example of the Gorbachev SSG, the Belovezhskaya agreement on the creation of the CIS and the Union State of Russia and Belarus, is revealed.

NATIONAL AND INTERNATIONAL STANDARTS OF RIGHT TO PEACEFUL ASSEMBLY

2017 ◽  
Author(s):  
Alexander Kushnirenko ◽  
◽  
Alisа Aliyeva ◽  
Roman Michkivskyi ◽  
Varvara Stoyanova ◽  
...  
Keyword(s):  
International Law ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Status ◽  
European Court ◽  
Foreign Countries ◽  
The Subject ◽  
Constitutional Right ◽  
The Right ◽  
International Instruments

The article is devoted to problems of legal regulation and implementing the constitutional right of citizens to peaceful assembly in Ukraine. The authors represent the approaches of different scholars and international and national practices of realization citizens` right to peaceful assembly and summing up the results the authoors offer options for improving and optimization legislation on peaceful assembly. On the basis of international experience in regulating this institution in foreign countries, Ukraine has the opportunity to legislate and regulate the right to peaceful assembly, taking into account the provisions of the fundamental international instruments, which reflect the subject matter of this scientific work The authors' article analysed the current status of the constitutional and legal establishment of the right to peaceful assembly in Ukraine. The ways in which citizens exercise the right to peaceful assembly and the possibilities for the State to restrict this right to peaceful assembly in the interests of national security and public order in international practice have been studied. Much attention is given to the international legal regulation of the right to peaceful assembly, in particular the main international instruments which can be considered as sources of the formation of the law of this important legal institution through the prism of heavy and soft international law. The practice of settling disputes on the right to peaceful assembly by international judicial institutions, in particular the European Court of Human Rights, has also been examined.

scholarly journals Diritto alla salute e diritto all’autodeterminazione: la legge sul “consenso informato” in Italia. riflessioni a partire dalla teoria dei sistemi social / Right to health and right to self-determination: the Italian law on “living will”...

2018 ◽  
pp. 41-54
Author(s):  
Sandra Regina Martini ◽  
Matteo Finco
Keyword(s):  
Social Systems ◽  
Living Will ◽  
Right To Health ◽  
Self Determination ◽  
Niklas Luhmann ◽  
Italian Law ◽  
Personal Action ◽  
The Right ◽  
The Relationship ◽  
Theoretical Reflection

Con questo lavoro si vuole riflettere sulla semantica societaria – incentrata su termini quali ‘volontà’, ‘libertà’ e soprattutto ‘diritti’ – che descrive l’individualità moderna quale personalità soggettiva dotata della possibilità di distinguersi e di esercitare pretese. L’ambito di riflessione scelto è quello della salute, a partire dalla convinzione che esso rappresenti oggigiorno un contesto privilegiato per osservare la relazione tra individuo e società, tentando di capire quali spazi di azione personale e autonomia abbiano i singoli rispetto alle forze sociali che li condizionano. Alla riflessione di stampo teorico – attraverso la teoria dei sistemi sociali di Niklas Luhmann – sulle rivendicazioni del diritto alla salute, si aggiunge l’analisi della recente legge italiana sul “fine vita”, che consente l’adozione delle “disposizioni di trattamento” (DAT). L’ipotesi è che ciò rappresenti un esempio di riuscito equilibrio fra rivendicazioni dei singoli ed esercizio responsabile deidiritti, a vantaggio dell’integrazione societaria.   This work is about semantics of society – focused on terms such as ‘will’, ‘freedom’ and above all ‘rights’ – describing the modern individuality as a subjective personality endowed with the ability to be different and to exercise claims. We focus on health, starting from the idea that nowadays it is a perfect context to observe the relationship between individual and society, trying to understand which spaces for personal action and autonomy the individuals have, free from social influences. Beside the theoretical reflection – starting from the perspective of social systems theory by Niklas Luhmann – about claims in the area of the right to health, there is the analysis of the recent Italian law on “end of life”, which allows the adoption of “treatment provisions” (DAT). The hypothesis is that this represents an example of a successful balance between individual claims and responsible exercise of rights, to the advantage of integration of society.

scholarly journals Criminal-legal ensuring of freedom of religion in modern conditions: a comparative analysis

2021 ◽  
Vol 39 (68) ◽  
pp. 620-649
Author(s):  
Sophia Ya. Lykhova ◽  
Borys D. Leonov ◽  
Tetiana D. Lysko ◽  
Natalya K. Shaptala ◽  
Sergiy I. Maksymov
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
International Standards ◽  
Freedom Of Religion ◽  
Legal Systems ◽  
Legal Method ◽  
Foreign Countries ◽  
The Subject ◽  
Constitutional Right ◽  
The Right

The article conducts a comparative criminal law investigation to ensure freedom of religion in Ukraine and some countries. The subject of the study is a person's right to freedom of religion guaranteed by the Ukrainian Constitution. In conducting this research, a comparative legal method was widely used, which allowed a two-tier analysis (empirical and theoretical) of the legal systems of Ukraine and some foreign countries in terms of ensuring freedom of religion under criminal law, to identify the originals and specific manifestations of such support, to determine the patterns of development of each country's criminal law. As a result of the investigation, some gaps and advantages of Ukrainian law were identified in terms of criminal law guaranteeing the right to freedom of religion. Itstates that Ukraine's modern criminal law generally complies with international standards for the protection of citizens' constitutional right to freedom of religion, but there are some shortcomings in terms of unequivocal understanding of the elements of crimes that violate freedom of religion, which are worth discussing.

Russia, the Right to Self-Determination and Sovereignty

2021 ◽  
pp. 57-94
Author(s):  
Johannes Socher
Keyword(s):  
Soviet Union ◽  
Former Soviet Union ◽  
Self Determination ◽  
Constitutional Court ◽  
Russian Constitution ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right ◽  
The Relationship

Chapter 2 is the first of three chapters analysing Russia’s post-Soviet state practice with regard to the right to self-determination in the territory of the former Soviet Union. It shows that for situations inside the Russian Federation, the Russian constitutional order acknowledges the right of peoples to self-determination, albeit strictly within its territorial boundaries and with a sometimes unusual or even flawed argumentation. In the Russian Constitution, the right of peoples to self-determination appears in two central provisions, but unlike its Soviet predecessors, it does not recognize a constitutional right of secession. Furthermore, the right to self-determination of a single ethnic group in Russia is said to be always trumped by Russia’s state sovereignty and territorial unity. Consequently, a right of secession is also dismissed in Russian constitutional doctrine. Two case studies on the conflicts over Chechnya and Tatarstan confirm this general assessment. In both cases, the Russian Constitutional Court discussed the relationship between the right to self-determination and Russia’s territorial integrity in two separate court decisions, and in both instances arrived at the conclusion that international law does not provide for a right of secession.

P–477 The child’s right to know vs. the parents’ right not to tell: the attitudes of couples undergoing fertility treatments towards identity-release gamete donation

2021 ◽  
Vol 36 (Supplement_1) ◽  
Author(s):  
J Simas ◽  
D Braga ◽  
A Setti ◽  
R Melamed ◽  
A Iaconell ◽  
...  
Keyword(s):  
Well Being ◽  
Small Sample ◽  
Right To Know ◽  
Gamete Donation ◽  
Biological Origin ◽  
Gamete Donor ◽  
The Right To Know ◽  
The Subject ◽  
The Right ◽  
The Relationship

Abstract Study question Do couples undergoing assisted reproduction treatments (ART) have a different perception of anonymous vs identity-release gamete donation than a population interested in the subject? Summary answer Compared with a population interested in the subject, more couples undergoing ART believed the child shouldn’t be given information that would identify the gamete-donor. What is known already Recent research has investigated the psychological well-being of parents and children born through gamete donation, focusing on the possibility of having the donor’s identity revealed. Gamete donors have traditionally been anonymous to recipients and offspring; however, there is a global trend towards programs using donors that are identifiable to the resulting offspring at maturity. While some countries only allow the use of identity-release egg donation, others only allow anonymous-donation, and in some countries both types of donation are practiced. However, the attitudes concerning anonymous vs identity-release gamete donation, in a country where only anonymous donation is allowed, are still unknown. Study design, size, duration This cross-sectional study was performed from 01/Sep/2020 to 15/Dec/2020. For that, surveys through online-platforms were conducted, including either patients undergoing ART, (ART-group, n = 358) or those interested in the subject, who accessed the website of a university-affiliated IVF-center (interested-group, n = 122). Participants in the ART-group were invited via e-mail, with a cover-letter outlining the survey and a link to access it and participants in the interested-group accessed the questionnaire via website. Participants/materials, setting, methods The survey collected information on demographic characteristics and the participant’s attitudes towards anonymity of gamete donors. The questions were: (i) In the case of children conceived through ART, do you believe that revealing the method of conception may affect the relationship between children and their parents? (ii) Once the method of conception is revealed, do you believe that the child has the right to know the gamete donor? (iii) If yes, when? Main results and the role of chance Most of the participants answered that the relationship between children and parents wouldn’t be affected by the child’s knowledge of the origin of their conception, regardless of the group (83.6% vs 82.7%, for ART-group and interested-group, respectively, p = 0.868). Most participants in the ART-group answered that the sperm donor identity shouldn’t be revealed to the child, while only half of the interested-group stated the same (65.4% vs 50.8%, p = 0.044). The same result was observed when participants were asked if the oocyte donor should be identifiable (64.8% vs 50.8%, p = 0.050). When asked when the donor’s identity should be revealed to the child, no significant differences were noted in the responses among the groups (p = 0.868). Most of the participants who believe that the child has the right of learning the donor’s identity, stated that “the donor’s identity should be revealed if the child questions its biological origin” (67.2% vs 67.5%, for ART-group and interested-group, respectively). “Since birth” was the second most common response, (21.0% vs 19.7%, for ART-group and interested-group, respectively), while “when the child turns 18 years-old” (9.2% vs 11.2%, for ART-group and interested-group, respectively), and “sometime during teenage years” (2.5% vs 2.4%, for ART-group and interested-group, respectively) were less common answers. Limitations, reasons for caution Lack of adequate opportunities to conduct face to face interview and lack of knowledge of the real state of the website participants, concerning infertility or being involved in ART. The retrospective nature of the study and the small sample size may also be reasons for caution, Wider implications of the findings: It has been discussed that, whether or not children or parents are harmed by knowing their biological origins, donor offspring have the right to know. However, when facing the situation, couples undergoing ART would argue that in case of gamete donation, there are reasons for not telling the child. Trial registration number Not applicable

L'autodeterminazione alle cure tra limiti di validitÀ e tutela risarcitoria

2012 ◽  
pp. 42-67
Author(s):  
Luigi Balestra ◽  
Riccardo Campione
Keyword(s):  
Advance Directives ◽  
The Self ◽  
Self Determination ◽  
Medical Treatments ◽  
Life Saving ◽  
The Right ◽  
The Relationship ◽  
Right Of Self Determination

The essay analyzes the development of the right of self-determination in medical treatments and the changes it has had on the relationship between doctor and patient. In this perspective, the paper aims, in particular, to verify the limits of the self-determination principle in cases of refusal of life-saving treatment and in the hypothesis of advance directives. It also analyzes the possibility of providing compensation for damages in case the right to self-determination is undermined.

The Uncomfortable Balance between a Minority and a People: The Global/Local Disconnect

2017 ◽  
Vol 24 (3) ◽  
pp. 254-272
Author(s):  
Parvathi Menon
Keyword(s):  
International Law ◽  
Personal Characteristic ◽  
Minority Rights ◽  
Self Determination ◽  
Minority Protection ◽  
Political Processes ◽  
Minority Identity ◽  
The Right ◽  
The Relationship

The legitimacy of secessionist movements has emerged as an important debate, while the protection of minorities within a democracy has become merely of peripheral interest to international law. My project suggests that the advent of universalized (minority) rights re-conceptualized the majority-minority relationship and its balance, reducing the possibilities of political processes to balance the relationship. What was construed as a redress for dichotomous relationships between the oppressor and the oppressed through (the right to) self-determination, became a discourse between minority (identity) rights and a democratic entitlement, post-colonially. These norms universalized a demand to rethink minority protection, no longer from the perspective of advantaged and disadvantaged; rather, to introduce perspectives of individuals polarized around a personal characteristic in their identity thus establishing/reinforcing the inferiority of their identity within the hierarchy.

Part I General Principles, 3 International Law as it Affects Private Law Conventions Governing Cross-Border Commercial Transactions

2015 ◽  
Keyword(s):  
International Law ◽  
Public Law ◽  
Private Law ◽  
Commercial Law ◽  
Typical Structure ◽  
The Public ◽  
State Security ◽  
The Subject ◽  
The Relationship ◽  
Domestic Law

Chapter 3, after describing general principles of international law and the relationship between international law and domestic law, focuses on the hitherto neglected subject of private commercial law conventions. Textbooks on international law invariably focus on public law treaties. By contrast this chapter addresses issues relating to private law conventions. It goes through the typical structure of a private law convention, the interpretation of conventions and the treatment of errors, and the enforcement of private conventional rights against States. The subject of private law conventions and public law has become of increasing importance with the appearance in several private law instruments of provisions of a public law nature designed, for example, to ensure that creditors’ rights are not enforced in a manner that adversely affects the public interest or State security. Reservations and declarations are also discussed, together with the subject of conflicts between conventions.

Effects of Angle of Model-Demonstration on Learning of Motor Skill

1995 ◽  
Vol 80 (2) ◽  
pp. 651-658 ◽  
Author(s):  
Tadao Ishikura ◽  
Kimihiro Inomata
Keyword(s):  
Visual Information ◽  
Recall Test ◽  
Objective Condition ◽  
Delayed Recall ◽  
Immediate Recall ◽  
Subjective Condition ◽  
The Subject ◽  
The Right ◽  
The Relationship ◽  
Looking Glass

The purpose was to examine the effects of three different demonstrations by a model on acquisition and retention of a sequential gross movement task. The second purpose was to examine the relationship between reversal processing of visual information about skills and coding of skill information. Thirty undergraduates (15 men and 15 women) were assigned into one of three conditions, Objective condition which demonstrated the task with the model facing the subject, Looking-glass condition in which the skill was demonstrated with the model facing the subject who viewed the performance opposite the right and left directions in executing the task, and the Subjective condition in which the subject observed the model from the rear. Number of immediate recall tests required to accomplish the sequential movements completely and the sum of the performance points for reproduced movements at each delayed recall test (1 day, 7 days, and 5 mo. after the immediate recall test) were employed. Analysis indicated the Subjective condition produced a significantly greater modeling effect in immediate recall of the movements than the Looking-glass condition. Retention of the acquired skills was almost equal under the three conditions.

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