Human Dignity and Its Premises in the Pandemic Crisis

Human dignity is a component that is part of the quality of existing as a human being even if the latter is the product of creationism or evolutionism. In its content, dignity is the carrier of complex scientific valences, combining the philosophical-religious paradigm with the legal one. In this context, the literature presents human dignity as an aspect traditionally associated with the division of public law, which evokes a super-positive reality, synthesizing elements of religion, ethics and morals located in a position superior to positive law, orienting the latter. The modern meaning given to human dignity oscillates between the illustrative character and the prescriptive character being constituted, in a complex sense, by the fusion between the moral content and the coercive right (Habermas, 2010, pp. 464-480) and, from another perspective, a stable notion that presupposes an objective moral principle that makes possible the legal recognition of human rights. The inability to include human dignity as a right in a unitary conceptualization leads, first of all, to the vast philosophical hermeneutics that is implicit in the discourse on dignity.

Personal and logical characteristics involving choosing a conjugal partner

We often talk about the couple, what it means and what is involved, but we seldom recognize it`s true value. The couple is the one who leads to the perpetuation of the human species, it is the first step towards the spread of the human life on Earth. In order for two people to form a family, they need to go through the stage of couple, either married or not. Most people prefer that a couple status is achieved through legal recognition, marriage, then when the first child is born, they become a family. Each of us reaches a moment in life when the preoccupation, interest, curiosity and desire to choose a partner, to start a family appear. We all have our own and different experiences, but we certainly have many things in common. There is a unique intertwining of psychological and social factors that influence and determine an individual in making the right choices.Thus, the need to be part of a couple for some, or to start a family for others, is a need manifested similarly, but named differently. People are social, affective beings and the need to share feelings is common to all. Each individual has unique criteria that they meet when choosing a partner, and I believe that these criteria come from the intertwining of unique personality factors and the importance given by each to social factors that can be involved in forming, developing and maintaining a better relationship.

The challenge of Populist Radical Right Parties to Europeanization – the cases of Estonia and Latvia, 2018-2021

Over the last two decades, family law has undergone changes in Western Europe, widening the definition of marriage to include same-sex couples. In addition, some East European countries offer a legal recognition of civil unions of same-sex couples, while others do not offer any legal recognition at all. This diversity in family law has been recently challenged by developments at the European level. It is argued here that this constitutes an adaptational pressure on those European Union (EU) member states that do not offer any or offer only formal recognition of same-sex couples. We examine two cases when member states faced such an adaptational pressure, namely Estonia and Latvia, focusing on the interplay of two types of factors. First is that of formal institutions which, due to their constitutional role or their expertise in the EU law, may act as facilitators of legal changes. On the other hand, there are also political actors which have tried to constrain such an adaptation. We examine here especially the role of two political parties which have made a considerable effort to oppose the change in the two countries. It is argued here that the ideological orientation of these parties explains, at least partly, their opposition to the ongoing Europeanization of family law. The paper concludes with a discussion of the main findings and their implications.

MEDICINSKE USLUGE POLNOG PRILAGOĐAVANjA KAO USLOV ZA PRAVNU PROMENU POLA U SVETLU PRAKSE EVROPSKOG SUDA ZA LjUDSKA PRAVA

By its decision in case Goodwin v. United Kingdom (2002), The European Court of Human Rights has recognized the positive obligation of states to provide conditions for the legal recognition of preferred gender in the context of the right to respect for private life. In this regard, the Court emphasized gender identity as an important element of personal identity and an integral part of the transgender person's right to private life. On the other hand, states have kept their margin of appreciation regarding requirements needed for changing gender data in civil registries or in other words legal recognition of preferred gender. After Goodwin case, that has laid foundations for the rights of transgender people to gender identity, further development of this right was set by the decision of the European Court of Human Rights in case A.P., Garçon and Nicot v. France (2017). By this decision, the Court has further narrow the margin of appreciation removing imposing of sterilisation as a requirement for legal gender recognition. Finally, The European Court of Human Rights has taken the position in the latest judgment X and Y. v. Romania (2021) that conditioning legal recognition of preferred gender with surgical interventions of gender reassignment represents breach of the right to respect private life. Thus, the Court further approached Council of Europe Resolution 1728 (2010) according to which states are suggested to remove from the requirements for legal gender recognition the subjection to any medical service of gender reassignment, including hormone therapy. Domestic legislation has retained only hormone therapy as a necessary condition for legal gender reassignment. Although this solution is in accordance with the latest case law of the European Court of Human Rights, another step is needed to make the exercise of the right to gender identity adjusted to the "soft law" of the Council of Europe and the bodies under the auspices of the United Nations.

Recognising Non-Conjugal Relationships in New Zealand: Should We Extend the Rights and Responsibilities of Marriage and Marriage-Like Relationships to Other Caring Relationships?

<p>This thesis considers whether the legal recognition of non-conjugal relationships in New Zealand should be improved; particularly by extending them the rights and responsibilities of marital and marriage-like (conjugal) relationships. For the purpose of this thesis, “non-conjugal” relationships are close, caring platonic relationships where people share their lives to a significant degree. Over the last decade, there has been a trend toward extending the legal consequences of marriage to non-conjugal relationships in countries such as Australia, Canada and the United States. At the same time, the distinction between conjugal and non-conjugal relationships has been destabilised, due to the de-emphasis of sexual intimacy as a criterion for recognising marriage-like relationships. This thesis considers whether the marriage model should be extended to include certain non-conjugal relationships in New Zealand, as it has been overseas. It is clear that non-conjugal relationships can exhibit many of the features associated with conjugal relationships, as demonstrated by the high profile Burden sisters' case in the United Kingdom. These include characteristics such as long-term cohabitation, caring, commitment and interdependency. However, non-conjugal relationships typically exhibit these features to a lesser degree, which means that they may have different needs and require different support from the state. Ultimately, this thesis recommends against extending the marriage model to non-conjugal relationships for a number of reasons, including that the marriage model does not appear to respond adequately to the needs or living arrangements of people in non-conjugal relationships. However, this thesis also suggests that non-conjugal relationships in New Zealand can benefit from legal recognition in some cases. Aside from human rights considerations, the state has an interest in promoting these relationships due to their contribution to social cohesion and informal caregiving. As such, this thesis recommends a new framework for recognising personal relationships that also allows for nonconjugal relationships in New Zealand to be supported and promoted by the law, where appropriate.</p>

Recognising Non-Conjugal Relationships in New Zealand: Should We Extend the Rights and Responsibilities of Marriage and Marriage-Like Relationships to Other Caring Relationships?

<p>This thesis considers whether the legal recognition of non-conjugal relationships in New Zealand should be improved; particularly by extending them the rights and responsibilities of marital and marriage-like (conjugal) relationships. For the purpose of this thesis, “non-conjugal” relationships are close, caring platonic relationships where people share their lives to a significant degree. Over the last decade, there has been a trend toward extending the legal consequences of marriage to non-conjugal relationships in countries such as Australia, Canada and the United States. At the same time, the distinction between conjugal and non-conjugal relationships has been destabilised, due to the de-emphasis of sexual intimacy as a criterion for recognising marriage-like relationships. This thesis considers whether the marriage model should be extended to include certain non-conjugal relationships in New Zealand, as it has been overseas. It is clear that non-conjugal relationships can exhibit many of the features associated with conjugal relationships, as demonstrated by the high profile Burden sisters' case in the United Kingdom. These include characteristics such as long-term cohabitation, caring, commitment and interdependency. However, non-conjugal relationships typically exhibit these features to a lesser degree, which means that they may have different needs and require different support from the state. Ultimately, this thesis recommends against extending the marriage model to non-conjugal relationships for a number of reasons, including that the marriage model does not appear to respond adequately to the needs or living arrangements of people in non-conjugal relationships. However, this thesis also suggests that non-conjugal relationships in New Zealand can benefit from legal recognition in some cases. Aside from human rights considerations, the state has an interest in promoting these relationships due to their contribution to social cohesion and informal caregiving. As such, this thesis recommends a new framework for recognising personal relationships that also allows for nonconjugal relationships in New Zealand to be supported and promoted by the law, where appropriate.</p>

Significance of Community-Held Territories in 24 Countries to Global Climate

This research provides a timely reminder of the global significance of community-held lands and territories; their importance for the protection, restoration, and sustainable use of tropical forestlands across the world; and the critical gaps in the international development architecture that have so far undermined progress towards the legal recognition of such lands and territories. Our findings indicate that Indigenous Peoples, Afro-Descendant Peoples, and local communities customarily hold and use at least 958 million hectares (mha) of land in the 24 reviewed countries but have legally recognized rights to less than half of this area (447 mha). Their lands are estimated to store at least 253.5 Gigatons of Carbon (GtC), playing a vital role in the maintenance of globally significant greenhouse gas sinks and reservoirs. However, the majority of this carbon (52 percent, or 130.6 GtC) is stored in community-held lands and territories that have yet to be legally recognized.

Studi Fenomenologis-Historis Inklusifitas Dakwah Trah Adzmatkhan di Nusantara

This study uses a qualitative research type with a phenomenological-historical approach to explaining the Da'wah of the Adzmatkhan breed. The result is that the noble principles are still closely held by the next generation who have a lineage continuity with the Adzmatkhan breed. Many of those who are affiliated with NU – both structurally and culturally – still maintain this principle, even when they have to face the phenomenon of the primordial glorification of some members of the Prophet's dzuriyah which is quite disturbing. Several times they had to go head to head with high tension in order to straighten this out. However, this does not make the Adzmatkhan breed which is in the same line as NU ignore their teachings to love and respect the dhuriyah of the Prophet. In this context, they do not need formal legal recognition of the lineage, because the bigger thing to fight for is Islam in the style of ahlussunnah wal Jama'ah itself.

Adverse commoning: Tracing contested legal geographies of the urban commons

Under threat of enclosure in rapidly gentrifying cities, some urban commoners are turning to legal tactics to ward off dispossession. In this article, I explore the contested legal geographies of urban commoning, considering some of the challenges, stakes, and opportunities that emerge in the effort to gain legal recognition. Specifically, I examine the use of the doctrine of adverse possession by Philadelphia gardeners to claim title to the community farm they cultivated as an urban commons for decades. In the context of a neoliberal settler colonial city, I argue that the gardeners’ adverse commoning, involving an il/legal counterclaim to property, facilitates consideration of the ways urban commoners are both enrolled in normative property regimes and have the potential to resist these regimes through errant performances of proprietary continuity, exclusivity, notoriety, and hostility.