There is an intrinsic connection between genocide and colonialism where both concepts are in close proximity and are based on the logic of elimination. The fact that an active genocide of the Palestinian people continues in 2024 is extremely disturbing. A plethora of human rights laws and principles complement and reinforce the protections afforded under international humanitarian law. These laws were developed in order to prevent historical atrocities from repeating themselves. As history is re-written, it is submitted that these laws, (...) while good on paper, are not being put into practice in the case of Palestine. This article reflects on the application of specific international humanitarian laws, namely protecting healthcare, preserving nutrition and safeguarding children during times of conflict, and analyses how these protections are being flouted in the case of Gaza. (shrink)

Justice, sovereignty and self-determination for all human beings are fundamental foundations for healthcare and human rights. In any civilised society, the balance between medical ethics and human rights is critical for the delivery of healthcare. War is a deeply ethical issue. Combatants, whose violations of international conventions, laws and codes of ethics during war and political conflict are detrimental to civilian non-combatants, including healthcare workers, commit crimes against humanity. The war in Gaza is a humanitarian crisis.

Kripke-Putnam argument for natural kind essentialism can be said to depend on placeholder essentialist intuitions. But some argue that such philosophical intuitions are merely preschooler cognitive biases which are not supported by scientific knowledge of natural kinds. Chemical substances, for instance, whether elements or compounds do not have such privileged set of underlying properties (‘same substance’ relation) which are present in all members of the kind and which provide necessary and sufficient condition for kind membership. In this paper, I argue (...) that placeholder essentialism works for at least some of the scientific natural kinds especially for the basic chemical natural kind, i.e., element. I argue that the dual sense of the element (the basic substance and the simple substance) along with microstructuralism helps explain the essence of an element not only at the abstract level but also at the more concrete level. Based on this essentialist account of element, I conclude that placeholder essentialism is not completely without merit, and it fits nicely with at least some of our scientific natural kinds. (shrink)

Les descendants aux prises avec le passé familial traumatique et exilaire se voient bien souvent tiraillés par des enjeux identitaires paradoxaux, manifestés par des symptômes étranges, sans en posséder les signifiants historiques qui les motivent. Partant d’une étude de cas appréciée sous l’angle de la phénoménologie et de la psychanalyse, les auteurs mènent leurs réflexions sur l’histoire d’une descendante de parents algériens qui ont immigré en France pendant la guerre d’Algérie. Au creux des pages sinistrées du vécu familial, brisé par (...) le traumatisme de guerre et l’exil, seul un « objet métaphoriseur » sera le témoin du désir inconscient ultime de reliaison filiale. (shrink)

Les descendants aux prises avec le passé familial traumatique et exilaire se voient bien souvent tiraillés par des enjeux identitaires paradoxaux, manifestés par des symptômes étranges, sans en posséder les signifiants historiques qui les motivent. Partant d’une étude de cas appréciée sous l’angle de la phénoménologie et de la psychanalyse, les auteurs mènent leurs réflexions sur l’histoire d’une descendante de parents algériens qui ont immigré en France pendant la guerre d’Algérie. Au creux des pages sinistrées du vécu familial, brisé par (...) le traumatisme de guerre et l’exil, seul un « objet métaphoriseur » sera le témoin du désir inconscient ultime de reliaison filiale. (shrink)

A multitude of legislation impacts the use of samples and data for research in South Africa. With the coming into effect of the Protection of Personal Information Act No. 4 of 2013 in July 2021, recent attention has been given to safeguarding research participants’ personal information. The protection of participants’ privacy in research is essential, but it is not the only risk at stake in the use and sharing of personal information. Other rights and interests that must also be considered (...) and safeguarded include the right to non-discrimination, the right to dignity, and the right to enjoy the benefits of scientific progress. This can be achieved by ensuring that the ethical values and universal principles that underpin the research landscape, namely equity, reciprocity, justice and solidarity, are embedded in the regulatory framework for the management and use of personal information. This paper advocates an integrated bioethics approach to the use of personal information for research in SA. A key feature in embedding such an approach is a Data Transfer Agreement that appropriately integrates the safeguards and protections set out by our regulatory framework with bioethical rules and procedures when personal information is used and shared for research purposes. This paper thus calls for the development of a national DTA that is guided by key ethical principles when data are shared for research purposes. This paper will be followed by a webinar on 23 June 2022 hosted by the Department of Science and Innovation and the SA Medical Research Council, where the recommendations and suggestions set out herein will be unpacked, discussed and debated by relevant stakeholders. (shrink)

The involuntary admission or treatment of a mentally ill individual is highly controversial, as it may be argued that such intervention infringes on individual autonomy and the right to choose a particular treatment. However, this argument must be balanced with the need to provide immediate healthcare services to a vulnerable person who cannot or will not make a choice in his or her own best interests at a particular time. A study carried out in Gauteng Province, South Africa, highlighted the (...) fact that the annual rate of involuntary admissions increased by almost double from 2007 to 2008. This could indicate that healthcare providers are not treating patients without their consent only when this is absolutely necessary. Alternatively, it could indicate that healthcare professionals are more aware of the provisions of the Mental Health Care Act and relevant national policy guidelines. Or it could suggest that more patients are presenting with mental illnesses or disorders that require their involuntary admission. It remains for strategies to be developed that change negative perceptions and inequities for individuals with mental illness. Above all, the strategies should be underpinned by inalienable respect for mentally ill individuals – a concept that was blatantly disregarded in the Life Esidimeni case. In this article, we highlight the functions of mental health review boards and their accountability where involuntary admissions are concerned, while emphasising the protections for mentally ill persons as a vulnerable population group, as set out in the SA Constitution. (shrink)

Mitochondrial donation or mitochondrial transfer enables a woman with mitochondrial disease to have a genetically related child without transmitting the disease to the child. The techniques used for mitochondrial donation or transfer which are maternal spindle transfer or pro-nuclei transfer, require three gametes to ultimately produce a healthy embryo. Both these techniques result in the child inheriting nuclear DNA from the intending parents and mitochondrial DNA from the female donor. Following the legalisation of mitochondrial donation in the UK, after a (...) rigorous process of scientific and ethical review, and the birth of another baby using the technique, coupled with the fact that there is no cure for mitochondrial disease, suggests that it is prudent for us to consider this reproductive intervention and its application in the South African setting. In addition, the 2019 UNESCO Report of the International Bioethics Committee (IBC) on assisted reproductive technologies (ART) and parenthood, encourages debate on changes in models of parenthood influenced by ART including the emergence of new models of families and forms of parenthood that extend beyond the classical rule of mater semper certa est (the mother is always known). ART, in particular mitochondrial donation, challenges this rule. The aim of this paper is to provide an outline of the legal and ethical positions of mitochondrial donation and resume the discussion with specific focus on the South African context. (shrink)

Human values and core principles of societies like self-respect, dignity, fairness, equality, dignity, non-discrimination and sharing have long been discussed and valued all over different societies and communities around the globe. These universal core principles are a reflection of the human rights; so the common skeleton of framework, philosophy and concept of human rights should be worldwide or universal. This implies that the recognition of human rights is supposed to be the goal of every state. Other than this central point, (...) can we actually know the concept and dimensions of human rights? This basic question brings out the subject of education of human rights & human rights in education. Keeping in view this context the main objective of author is to study the perception/concept & practices of Teacher Educators about Human Right Education & Human Right in Education. The population in this study comprised of Teacher Educators of Department of Education & teacher education of public universities of Sindh, where target population was Department of Education / teacher education of three randomly selected public universities. The target sample was sixty percent Teacher Educators from each department which were selected by random sampling. The research was descriptive in nature & qualitative & quantitative by method. A questionnaire with open and close ended questions was used to collect data and the data was analyzed with the help of percentages& theme analysis to inquire the concept & practices. Visualized findings sum-up the concept and practices about the theme with a few recommendations for practitioners and policy makers. (shrink)

While open science gains prominence in South Africa with the encouragement of open data sharing for research purposes, there are stricter laws and regulations around privacy – and specifically the use, management and transfer of personal information – to consider. The Protection of Personal Information Act No. 4 of 2013 (POPIA), which came into effect in 2021, established stringent requirements for the processing of personal information and has changed the regulatory landscape for the transfer of personal information across South African (...) borders. At the same time, draft national policies on open science encourage wide accessibility to data and open data sharing in line with international best practice. As a result, the operation of research ethics committees (RECs) in South Africa is affected by the conflicting demands of the shift towards open science on the one hand, and the stricter laws protecting participants’ personal information and the transfer thereof, on the other. This article explores the continuing evolving role of RECs in the era of open data and recommends the development of a data transfer agreement (DTA) for the ethical management of personal health information, considering the challenges that RECs encounter, which centres predominantly on privacy, data sharing and access concerns following advances in genetic and genomic research and biobanking. (shrink)

The people of Gaza endure physical traumas, and psychological and social wounds directly linked to the combination of military occupations and the closing of its border, essentially forcing and trapping them in despair. The destruction of healthcare infrastructure in particular, has methodically added strain on an already hopeless situation, severely affecting the availability and accessibility of essential healthcare services for the population, which further perpetuates the cycle of peoples suffering. Such suffering has escalated to extreme proportions in 2023. As the (...) violence and attacks continue with flagrant disregard of the Geneva and Hague conventions, the Rome Statute, occupational law, and international and humanitarian law, amid outcries from the international community, we see hospitals, that are traditionally regarded as sanctuaries of humanity transform into corridors of horror. (shrink)

Biobanks are repositories that store human biological materials and their associated data. They are rapidly becoming part of national and international networks and give rise to unique ethico-regulatory issues. Whether consent is informed and whether this term should be used when specimens are collected for biobank research is questionable. Where risks occur, they are usually social and relate to identifiability. Public trust and confidence are important for the success of this type of research. Consensus is growing that governance of biobanks (...) should be harmonised. Controlled specimen and data access agreements are essential. The South African National Health Act and its Regulations, that provide the foundation for the legal framework with regard to human tissue and research in South Africa, are silent on the issue of biobanks and the law lags behind while science and technology advance rapidly. The use of biobank assets will lead to significant benefits in human health and should be encouraged while taking account of the associated ethical, legal and social issues and working towards a balance between these two positions. (shrink)

Presently, there is armed conflict in Darfur, Sudan. Armed conflict has adversely affected the social, economic and educational development of Darfur, Sudan. Purpose of this study is to know the impact of armed conflict on managerial behavior of the principals of secondary schools in Darfur, Sudan. In this study, the impact of armed conflict on performance of the secondary school principals was analyzed in perspective of their managerial behavior. Based on the findings of the study significant impact of armed conflict (...) was found on the managerial behavior of the principals. It was found that principals coordinated with the staff in activities of the school but were frightened and unable to perform their administrative and managerial duties freely and independently. There was communication gap between the principals, teachers and parents. The principals did not possess the skills to maintain school budget & finance properly. It was concluded that the principals need administrative and managerial training. Government of Sudan may establish academies of Educational Administration & Management to impart training to the principals of secondary schools and to take steps to control the existing armed conflict. (shrink)

The ethical aspect of the online learning is a major priority that has to be addressed by all stakeholders in the educational field. This study sheds the light on establishing a code of ethics for the online learning based on a Palestinian vision. A content analysis was used for related literature in order to drive themes and major topics, then a qualitative approach was used to collect data to test the themes from the field. The study population consisted of 21 (...) educators who have previous experience in online learning and 4 key university specialists with pedagogical experience. Interviews and focused group meetings were conducted with participants. The findings revealed that most of educators’ attitudes toward establishing a code for ethics in online learning mode are positive. The study also revealed that all educational stakeholders play a vital role in the success of online learning and particularly in practicing positive ethics. (shrink)

A complex network of ethico‐legal rules makes it difficult for health researchers in South Africa to lawfully recruit adolescents to the kinds of sensitive studies where it may be ethically appropriate to proceed without notifying parents or obtaining parental consent. This article responds to a recent proposal to amend the blanket requirement for mandatory parental consent presently contained in section 71 the South African National Health Act 61 of 2003 [NHA]. The proposed amendment is intended to bring the NHA into (...) alignment with South Africa's 2015 Department of Health Guidelines on Ethics in Health Research by permitting greater flexibility for a health research ethics committee to waive parental consent, and permit adolescents to consent independently. A lacuna in this proposal is highlighted with reference to the requirements of South Africa's Protection of Personal Information Act 4 of 2013 [POPIA]: Even if the NHA is amended as proposed, the goal of aligning South African law with prevailing ethics norms in South Africa would not necessarily be attained, as parental consent may still be required by POPIA. This article investigates whether this goal (of aligning the law with ethics) can be attained in a way that is compliant with POPIA. It is concluded that this is indeed possible in a number of ways, and that the best way to attain this goal is by requesting the South African Information Regulator to issue a guidance note to the effect that all health research projects that are approved by institutional health research ethics committees are to be regarded as being in the public interest, which would qualify such health research projects to be exempted from POPIA's consent requirements. (shrink)

Politicka istorija druge Jugoslavije neprekidno je bila sakralna, a domen sekularizacije obuhvatao je mahom samo umetnost. Informbiro i razlaz sa SSSR-om otvorio je put ka vecoj slobodi u stvaralastvu, napustajuci ideju o kontroli umetnosti u vidu socrealizma. Trece stanoviste o knjizevnosti zastupao je Vladan Desnica.

Povod za beogradski skup?Socijalizam i kultura? s kraja 1969. godine bile su zabrane. Od juna?68. u Srbiji je bilo oko cetrdeset intervencija, sto je znatno vise nego u ostalim YU republikama. Izveden je zakljucak o provincijalnosti i nedovoljno razvijenom kulturnom zivotu. Autor ovog rada je prosirio temu na siri plan jer su intencije dijaloga to dopustale. Paralelno s tim cinjenicama, dobro se uklapaju podaci o Golom otoku, koje daje Milovan Djilas. Otok je bio najdrasticnija i najdramaticnija zabrana u celokupnom postojanju (...) Druge YU. I iz negdasnje, i iz sadasnje perspektive, skup bi se mogao protumaciti kao krik i vapaj za slobodom. Razgovoru su presudno doprineli predstavnici beogradskog krila Praxis grupe, uz potonje, mahom neslavno, ucesce u dogadjajima, pre svega versko-gradjanskim ratovima; za razliku od glavne, zagrebacke?centrale? Praxisa, koja nije bila zahvacena nacionalistickim virusom. Izlazu se, najzad, argumenti o Dobrici Cosicu kao srpskom Faustu, te se dovodi u pitanje teza o piscu kao ocu nacije. (shrink)

Povod za beogradski skup?Socijalizam i kultura? s kraja 1969. godine bile su zabrane. Od juna?68. u Srbiji je bilo oko cetrdeset intervencija, sto je znatno vise nego u ostalim YU republikama. Izveden je zakljucak o provincijalnosti i nedovoljno razvijenom kulturnom zivotu. Autor ovog rada je prosirio temu na siri plan jer su intencije dijaloga to dopustale. Paralelno s tim cinjenicama, dobro se uklapaju podaci o Golom otoku, koje daje Milovan Djilas. Otok je bio najdrasticnija i najdramaticnija zabrana u celokupnom postojanju (...) Druge YU. I iz negdasnje, i iz sadasnje perspektive, skup bi se mogao protumaciti kao krik i vapaj za slobodom. Razgovoru su presudno doprineli predstavnici beogradskog krila Praxis grupe, uz potonje, mahom neslavno, ucesce u dogadjajima, pre svega versko-gradjanskim ratovima; za razliku od glavne, zagrebacke?centrale? Praxisa, koja nije bila zahvacena nacionalistickim virusom. Izlazu se, najzad, argumenti o Dobrici Cosicu kao srpskom Faustu, te se dovodi u pitanje teza o piscu kao ocu nacije. (shrink)

Islamic fundamentalism (Islamic neo-traditionalism) is an important component of Islamic identity struggles in the three South Asian nations of India, Pakistan, and Bangladesh. The contested role, status, and legal rights of women provide a focus for comparative study, and the treatment of women in the courts showcases the problematic relation of religious and civil law. The cases of Shah Bano in India and Safia Bibi in Pakistan display (1) the radically different ways fundamentalism influences judicial processes; (2) the varying (...) challenges that confront Muslims in different polities (in India, the maintenance of Islamic identity; in Pakistan and Bangladesh, the evolution of a just and democratic Islamic state); and (3) the fact that the single gravest problem confronting Muslims regardless of political frontiers and varying structures of civil government is whether piety requires that religious law formulated in premodern cultures be regarded as fixed and binding today. (shrink)

U radu se raspravlja o pojmu i povijesti utopije, pri čemu se naglasak stavlja na moderne oblike utopija rodne tematike. Iako bi se moglo reći da je utopijsko mišljenje imanentno čovjeku, danas se riječ ‘utopija’ koristi mahom u pejorativnom značenju tlapnje i/ili političke zamisli čije ostvarenje nužno vodi u neki oblik totalitarizma. Takva su određenja utopije iznikla iz etimoloških, povijesnih i idejnih nedoumica vezanih uz utopijske teorijske i praktične tvorevine. Opisujući utopiju pojmovima kritike, nade i mašte te ju vezujući uz (...) pojam Mannheimove aktivne utopije, u njoj je moguće pronaći elemente za suočavanje s modernim rodnim i ekološkim problemima. Kao primjer su dane feminističke utopije u kojima su testirane razne rodne teorije i prakse te su predložena rješenja za stvaranje ne idealnih i dovršenih, već poboljšanih svjetova, odnosno svjetova koji dopuštaju poboljšanje.This article discusses the concept and history of utopia with an emphasis on the modern forms of gender utopias. Although it can be said that utopian thought is inherent to humans, today the word ‘utopia’ is generally used in a pejorative meaning of an illusion and/or political concept whose actualization necessarily leads to some form of totalitarianism. These assumptions originated from etymological, historical and conceptional dilemmas associated with utopian theoretical and practical realizations. Describing utopia in terms of critique, hope and imagination as well as linking it with the concept of Mannheim’s active utopia it is possible to find in it elements that can be used for dealing with modern gender and ecological problems. As an example are given feminist utopias in which were tested different gender theories and practices and were suggested solutions for creating not ideal or completed but improved worlds, that is, worlds that allow improvement. (shrink)