Arguments about constitutional and personal rights often invoke the concept of privacy. In the United States it has been said that the constitution "embodies a promise that a certain private sphere of individual liberty will be kept largely beyond the reach of government". A number of formulae has been invoked in an attempt to define the sphere of constitutional privacy. They include: Fundamental rights of interests; personal decisions and issues; important questions intimately affecting private lives; and decisions affecting (...) education, child-rearing, marriage and contraception.Canadian and Europian courts have resorted to balancing formulae and to proportionality to set the limits to liberty guarantees. All of them need, however, an implied general theory of liberty such as that propounded by Mill , since privacy is a special sub-category of liberty.Privacy claims are made not only against the State, but in tort law relations between individuals, or between individuals and organisations such as the Press. Proposals for legislation to protect personal privacy encompass two different types of claim. One relates to physical intrusion: the other to proprietary rights over information of certain kinds. It is questionable whether general legislation to establish a statutory tort of breach of privacy is defensible. It may even be dangerous and be exploitable to protect government information. A public interest defence is essential. That throws the balancing role back on the courts, but they cannot rely on any obvious social consensus in weighing the interests at issue. In der Auseinandersetzung über subjektive Rechte, die von einer Verfassung garantiert sind oder deren Verletzung privatrechtliche Ansprüche auslöst, berufen sich viele Stimmen auf das Konzept der Privatsphäre. Nach einer in den Vereinigten Staaten vertretenen These liegt der amerikanischen Verfassung "das Versprechen zugrunde, daß die Privatsphäre, d.i. eine bestimmte Sphäre individueller Freiheit, im großen und ganzen außerhalb des Zugriffs des Staates liegt". Wie läßt sich rechtlich präzisieren, was diese verfassungsrechtlich garantierte Privatsphäre eigentlich einschließt? Eine Reihe von Antworten, die auf diese Frage gegeben werden, bezeichnen als vom Begriff der Privatsphäre erfaßt a) fundamentale Rechte oder Interessen, b) persönliche Probleme oder Entscheidungen, c) wesentliche Fragen, die das Privatleben ganz existenziell berühren, d) Entscheidungen, die die Erziehung und Ausbildung von Kindern, Empfängnisverhütung und Eheschließung betreffen. Einige dieser Formeln enthalten Elemente eines logischen Zirkels, da sie bei dem Versuch, die Privatsphäre näher zu umschreiben, ihrerseits selbst den Ausdruck "privat" benutzen. Andere sind entweder offensichtlich zu weit oder zu eng oder sonst schlechterdings ungenügend. Darüber hinaus ist es nicht klar, wann bei den subjektiven Rechten, die als fundamental bezeichnet werden, Ausnahmen gemacht werden. Ein Beispiel liefert die US-amerikanische Entscheidung Bowers v. Hardwick. (shrink)

The importance of the right to education reaches far beyond education itself. The right to education is recognized, promoted and protected at all levels— from local to global. The concept of each human right constitutes a dual perception—human rights are personified and there are particular duty-bearers, most often the states, which have certain obligations to preserve and protect those rights. This article summarizes governmental obligations, foreseen in international and regional legal human rights’ instruments, corresponding (...) to the right to education in its entirety. The conceptual framework for the content and scope of the right to education is established by different human rights institutions and judicial bodies and implicates the concept of quantitative and qualitative measures, expressed by four guidelines—availability, accessibility, acceptability, adaptability. (shrink)

One of the fields of protecting human rights within the framework of standards of the Council of Europe is the protection of national minorities – with the special issue of their linguistic rights. An intensification of actions aimed at adopting legal measures in this field happened in the 1960s. The concern for a proper range and level of regulation was expressed at the level of the Parliamentary Assembly and the Committee of Ministers. National experts formulated detailed resolutions to include (...) the goals of international organizations such as CSCE and the United Nations concerning this matter. The fact that the framework convention was chosen as the means bears witness to a significant provision that the guarantee of rights were realized in the most flexible manner, including the designations and capacities of State parties. This article includes an analysis of three stages of work connected with ensuring linguistic rights for national minorities, with a special emphasis on the linguistic rights in the education system. On the one hand, actions which resulted in the acceptance of the Framework Convention for the Protection of National Minorities are shown. On the other hand, the goals and details of this Convention are described. The third section concerns the analysis of mechanisms for monitoring the realization of the rights included in the Convention. Due to limitations in the terms of reference for this work, the analysis of the convention guarantees, and their realization, was limited to linguistic rights in the education system. The practice of these actions was shown through examples in Poland and Lithuania. The right to education for national minorities including knowledge about their culture, traditions, and their input into the development of the society of a given country is one of the rights clearly stated in the Framework Convention. By the same token are linguistic rights in an education system – the right to teach the language of a national minority or to teach in the language of a minority. As practice in Poland and Lithuania shows, the situation of education of national minorities is different, although some of the problems are common: an example for that would be access to proper coursebooks in the languages of national minorities, or properly trained teachers. (shrink)

More than a quarter of the global population of two billion children live in Islamic countries; therefore, their protection is vital while a handful of them are suffering from lack of hygiene, education, and poverty. The current armed conflict in different ways also has an effect and seriously impacts children as victims and associates in armed groups. Organization of Islamic Conference as a collective voice of its 57 members, initiated a series of efforts in this regard. Islamic texts (...) and traditions show significant importance for child protection, but what has been done until today by OIC as a main intergovernmental Organization guided by Islamic principles, values and norms, is not sufficient. Covenant on the Rights of the Child in Islam is the first human rights binding document adopted by OIC as part of consecutive efforts of OIC to promote protection of children. Although it is regarded as an important step, its adequacy for protection of children affected by armed conflicts is under question. Furthermore, in comparison to International Humanitarian Law and Convention on the Rights of the Child, it does not reflect proportionately and further provisions for children affected, with regard to the extent and the dimensions of conflicts in Islamic countries. (shrink)

Troubling patterns of suppressed speech have emerged on the corporate internet. A large platform may marginalize potential connections between audiences and speakers. Consumer protection concerns arise, for platforms may be marketing themselves as open, comprehensive, and unbiased, when they are in fact closed, partial, and self-serving. Responding to protests, the accused platform either asserts a right to craft the information environment it desires, or abjures responsibility, claiming to merely reflect the desires and preferences of its user base. Such (...) responses betray an opportunistic commercialism at odds with the platforms’ touted social missions. Large platforms should be developing more ambitious standards for promoting expression online, rather than warring against privacy, competition, and consumer protection laws. These regulations enable a more vibrant public sphere. They also defuse the twin specters of monopolization and total surveillance, which are grave threats to freedom of expression. (shrink)

Corporate governance delivers feasible and controlled company operations using a group of common shareholders and appropriate policies. The roles and responsibilities of the shareholders suggest and improve corporate development through monotonous and independent rights. The implication of artificial intelligence provides knowledgeable insights for decision-making and control management. This article introduces a Mutual Consent-based Governance Regulation Model for dissimilarity mitigation in corporate rule implications. The proposed model exploits transfer learning for balanced rule implication and decision-making. The learning states are defined based (...) on mutual agreement, individual interest, and operational features. Based on the governance policies, the above rules are employed without hindering the pioneer regulations implemented in different periods. Therefore, artificial intelligence technology is utilized for prompt and swift governance decisions in delivering special rights for consumers and shareholders. The performance of this model is validated and verified using data sources related to governance policies from a real-time industry. The impact of varying policy features with dissimilarity is analyzed for varying occurrences. The analysis is given based on the considered data sources for which the classification and its impact over reports, sharing, voting, complaint, and market are analyzed. The availability before and after the proposed improves the above metrics by 10.48, 10.65, 9.78, 13.39, and 9.26%. (shrink)

The world famous Eltroxin saga of 2009–2011, which ignited heated public debates in Europe, Canada, and Australia, reveals the problematic nature of standalone autonomy protection cases. Eltroxin is a life-sustaining thyroid hormone replacement medicine used by millions worldwide; it was reformulated in 2008, and around 10% of patients were badly affected. Poor communication and lack of professional information triggered public hysteria as a global wave of complaints about harmful side effects, including hair loss, weight gain, extreme fatigue, headaches, diarrhoea, (...) and heightened heart rates, flooded the media. Israeli Eltroxin users (around 250 thousand people) were similarly unaware. Following many media reports and ministerial regulations, a high-profile consumer class action was launched against Perrigo, the distributor. Ten years of court proceedings culminated in a compensation settlement of approximately US$ 14 million. This relatively low sum covered the injuries of those patients who were physically affected; compensation for standalone autonomy injuries to all patients (who were denied information about changes to their life-sustaining medicine) was refused. The monetary settlement and court decision were hugely disappointing to the class plaintiffs, and a negative signal was sent to the proponents of consumers' and patients' personal autonomy. However, the class action still marked a positive change in pharmaceutical protocols for relations between health authorities, commercial pharmacy entities, and patients/consumers as seen by the proactive communication around a subsequent Eltroxin reformulation in 2020 in Israel, Europe, and South Africa (Aspen Pharmacare, 2020).1 This paper highlights the vast potential value of consumer class action proceedings, and pharmaceutical consumer (patient) class actions in particular, for public welfare and private autonomy. The paper will explain leading Israeli case law related to consumer autonomy protection in tort law and will argue that this law still holds the unique protection of autonomy as a basic human right and accordingly recognises harm to autonomy as a viable form of damage. Additionally, it illustrates why and how consumer protection class actions are an important tool for protection of human rights in general and of patients' rights in particular. (shrink)

The public sphere has been seen by conservatives as an arena for safeguarding private relations. Private power relations could be threatened by newly recognized social groups that make claims on the state for justice and equality. Therefore, conservatives have been concerned about who can speak and exist in public and who can thereby make demands on the state. In the debates over transgender rights in Canada, social conservatives and neoliberal forces have merged in complex and impactful ways. Analyzing House (...) of Commons and Senate debates and committee proceedings for Bill C-279 and Bill C-16, I examine three conservative arguments that illustrate attempts to maintain private power relations and hierarchal gendered divisions by ensuring that transgender and gender nonconforming people are not allowed to exist, speak or make claims in public: first, the assertion that gender identity and gender expression are not definable identity categories for claims-making because transgender people are deceptive and can change their gender based on their feelings; second, the targeting of public facilities, and particularly public bathrooms, as sites of contention, danger and necessary gender segregation; and third, the attempt to delegitimize rights claims by criminalizing transgender people in relation to cisgender women and children. (shrink)

The aim of this paper is to analyze the protection offered to parties, participants and third parties during enforcement, as one of the most important requirements of the enforcement procedure. Having in mind that bailiffs except for implementing enforcement, they are also competent to determine the means by which creditors’ claims will be fulfilled. The realization of the creditors’ claims does not mean use of any kind of measure or enforcement procedural activity. In this context the authors review ways (...) in which debtors and their family members can be protected during enforcement actions, such as measures of exclusion and restriction of enforcement on the debtor’s items and income. Furthermore, the authors elaborate other legal and important ways for protection of parties, participants and third parties, such as opposition to illegality and complaints provided by the Law on Enforcement. In this regard, results of this research have shown that the RNM is making efforts to create a more effective enforcement system, which includes guarantees not only for the protection of the creditor and the debtor as a party, but also for the participants and third parties. From the enforcement experiences of citizens were reported dissatisfaction and complaints of citizens regarding the performance of bailiffs, namely taking the necessary means of subsistence form them. To avoid this situation Amendments on the Law on Enforcement in 2020 were brought, so the legal framework was clarified in terms of measures for exclusion and restriction of enforcement. This resulted in the prevention of economic damage of debtors and their family, because now no action can be taken if the debtor has an average salary or pension. Extraordinary legal remedies in enforcement proceeding are excluded, but there are other safeguards that are related to enforcement process but are not regulated by the Law on Enforcement. (shrink)

The Article analyses how one of the basic consumer rights – the right to information – is regulated in the European Commission Proposal for a Directive of the European Parliament and of the Council on consumer rights (hereinafter referred to as the Proposal): the article analyses trends of regulation of the consumers’ right to receive information; problems related to the scope of provided information and the issue of consumer standard that should be used in evaluating the sufficiency (...) of provided information and transparency of contract terms. Furthermore, additional possibilities to improve the consumer right to receive information at the national level are shortly discussed. The regulation of the consumer right to receive information established in the Proposal may imply a new era in the regulation of the B2C relations, where the aim to ensure high common level of consumer protection is opposed against the aim to ensure the balance of interests of consumers and business. Such „slight“ conversion of the aims may impact the application of legal norms regulating consumer right to information and the scope of the disclosure obligation of the business, while reducing the level of the consumer protection. (shrink)

This article highlights the lack of human rights recognition for arguably one of the most vulnerable groups in our society, children and young people in the care of the state. Currently under New Zealand legislation and policy frameworks these children do not have their rights upheld, as per New Zealand’s obligations under the United Nations Convention on the Rights of the Child. This is particularly important for the care and protection of children needing state care as the government has (...) the responsibility as a state body to ensure their rights are upheld, alongside their direct responsibilities as the ‘corporate parent’. This article explores the vulnerability of this group and the ways in which their rights under UNCRC are not being met by current legislation and policy. It goes on to recommend changes to the way in which we approach legislative and policy development. (shrink)

Since the founding of the UN, the protection of human rights has been a national and international challenge. In international human rights covenants, State Parties firstly commit themselves to respecting human rights in their respective constitutional area and to protecting and possibly incorporating them into the relevant constitution, but, secondly, they also submit to an international control. National protection is usually organized by different institutions, but also accompanied by critical NGOs and the national civil public. International protection (...) is on the one hand implemented by a number of international organizations and institutions, but on the other hand is accompanied by a critical, now regionally and internationally operating public. This includes a number of permanent NGOs, but also ad hoc groups, tribunals and the various media and anonymous campaigns on the Internet and the social networks. This paper examines the functions and tasks of such concomitant national and international public spheres and tries to assess their importance for the protection of human rights. (shrink)

Simply put, charter schools have not lived up to their advocates’ promise of equity. Using examples of tangible civil rights gains of the twentieth century and extending feminist theories of invisible labor to include the labor of democracy, the authors argue that the charter movement renders invisible the labor that secured civil protections for historically marginalized groups. The charter movement hangs a quality public education—previously recognized as a universal guarantee—on the education consumer’s ability to navigate a marketplace. The (...) authors conclude that the neoliberal agenda of positioning choice as the best mechanism for securing an education rolls back the rights that were already secured through the labor of democracy. (shrink)

Spheres of Global Justice analyzes six of the most important and controversial spheres of global justice, each concerning a specific global social good. These spheres are democratic participation, migrations, cultural minorities, economic justice, social justice, and intergenerational justice. Together they constitute two constellations dealt with, in this collection of essays by leading scholars, in two different volumes: Global Challenges to Liberal Democracy and Fair Distribution. These essays illustrate each of the spheres, delving into their differences, commonalities, collisions and interconnections. Unlike (...) many writings on global justice, Spheres of Global Justice does not content itself with describing the painful and advantageous effects of the globalization process as being inches per secondo facto a global injustice or a just global order. Rather, this multidisciplinary collection of essays, from a pluralist inspiration, combines empirical analysis with theoretical approaches and ethical principles, paying close attention to two aspects of the effects of the globalization process. These aspects are the causal relationships that lead to such effects and the kinds of obligations, or of normative relationships between global rights and correlative duties, that applies to each specific individual case. This volume illustrates how diverse global obligations are, and how they can be, grounded in diverse relationships (identity, ability to provide help, causal responsibility, past injustices, protection of agency and promotion of independence, et cetera). These essays also demonstrate that an ethical global approach has not only international or transnational, but also domestic, local and interpersonal dimensions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind (...) the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

This scientific article is devoted to the study of the features of mediatization of the socio-political sphere in modern Ukrainian society. Using methodological approaches, the author proposes to clarify the main theoretical principles underlying the study of mediatization.The article identifies and classifies the key factors that influence the process of mediatization in Ukrainian society. Special attention is paid to the impact of the Internet, information warfare, media space and “new media” on the socio-political sphere.Applying content analysis of reports (...) of analytical centers of Ukraine, the author identifies and systematizes specific signs of mediatization of Ukrainian society. Analyzing these features, the article examines the impact of mediatization on the socio-political landscape of the country and identifies potential challenges and opportunities that arise in connection with this process. It has been proven that the progress of the technical component of the mediatization process entails both the emergence of new opportunities and significant threats to national security. It was established that the development of “new mass media” leads to a gradual increase in the role of messengers as sources of reliable information and the displacement of other (non-digital) ways of information dissemination. Initiatives unrelated to state intervention and self-regulation mechanisms in the information sphere are singled out as one of the most effective means of combating disinformation.The final part of the article provides recommendations regarding state regulation of the mediatization process in Ukrainian society. The author reveals the essence of the institution of public diplomacy as a potential means of strengthening national security in the context of the information society. The author points to the need for effective regulation, balanced protection of the rights and freedoms of citizens in the media environment, and also emphasizes the importance of developing media literacy among the population. The article offers a valuable contribution in the context of understanding the process of mediatization of the socio-political sphere in Ukrainian society and provides practical recommendations aimed at ensuring the sustainable development of this process.Keywords: Inte. (shrink)

Doctoral programs at U.S. universities play a critical role in the development of human resources both in the United States and abroad. This volume reports the results of an extensive study of U.S. research-doctorate programs in five broad fields: physical sciences and mathematics, engineering, social and behavioral sciences, biological sciences, and the humanities. Research-Doctorate Programs in the United States documents changes that have taken place in the size, structure, and quality of doctoral education since the widely used 1982 editions. (...) This update provides selected information on nearly 4,000 doctoral programs in 41 subdisciplines at 274 doctorate-granting institutions. This volume also reports the results of the National Survey of Graduate Faculty, which polled a sample of faculty for their views on the scholarly quality of program faculty and the effectiveness of doctoral programs in preparing research scholars/scientists. This much-anticipated update of such an essential reference will be useful to education administrators, university faculty, and students seeking authoritative information on doctoral programs. (shrink)

The main thesis of this essay is that the inter-religious dialogue gives us some unique mechanisms for protecting and implementing human rights. This alternative way of implementation of the basic provisions of the international human rights law includes several practices. Among them there are organizing demonstrations, infor- mational campaigns, lobby campaigns for the ratification of certain legal means, monitoring, educational programs, declarations etc. These activities define the inter-religious dialogue movement as a civil society phenom- enon that acts both at the (...) level of international and local NGOs on the one hand, and at the level of the high religious authorities on the other. In this regard, in order to illustrate the inter-religious potential for accomplishing the protection and the implementation of the interna- tional standards, the analysis encompasses the relations between different religious systems as well as between the religious bodies and the state itself. (shrink)

The article aims to analyze the legal norms that regulate the protection of the property right in the legal system of the Republic of Macedonia. In most cases, the protection of property right is realized through suits; however, our legal system provides for the possibility that the protection of property right can also be realized through the registration of immovable property rights in the respective Public Registries. Given the fact that in the Republic of (...) North Macedonia the normative regulation of property suits is not contained in a single normative act, but rather extends to several such acts, the article, based on the practice of the high courts, seeks to analyze the legal cases related to property rights that qualify as rights similar to property rights, but which enjoy legal protection provided by law. The article will mainly elaborate on the basic provisions on property protection suits contained in the Law on Ownership and other Real Rights (2001). However, in this context, the provisions on property protection that are contained in the Law on Real Estate Cadastre (2008), the Law on Contentious Procedure (2005), the Law on Securing of Claims (2007), the Law on Construction Land (2008), etc., will also be taken into consideration. (shrink)

This article focuses on the idea of ‘human rights city’ and explores its practice. It starts from the concepts of human rights cities and subsidiarity to explain what a human rights city is and delves into the existing literature identifying the challenges to guarantee human rights in local contexts, such as the legal framework, education and training, the institutional structure, and the resources. Our article is based on an empirical-based study of Madrid Human Rights Plan (2017–2019). We carried out (...) semi-structured interviews, focus group, and participant observation to grasp the obstacles that civil servants encounter in the implementation of the Plan. We identify five types of obstacles that we classify as conceptual, ideological, legal, organisational, and budgetary. Our study questions the idea that the local context, just because of its proximity to the citizenry, is the best equipped level of government to guarantee human rights. Without proper training and resources human rights can be lost in translation. Through the identification of such obstacles in a specific case study, we contribute to the academic debate on human rights in practice with the aim of fostering its guarantee in local contexts. (shrink)

The paper examines obligations towards bearers of the right to asylum in circumstances of partial compliance. Who should bear the burdens when a state responsible for assisting bearers of the right to asylum fails to comply with the requirements of justice and unjustly defaults on its responsibilities? Are the complying states obligated to ‘take up the slack’ and assist the bearers of the right to asylum, or are they obligated to bear only their ‘fair share’ of burdens (...) in the global protection of the right to asylum. The paper argues that the complying states with the capacity to assist can have an obligation of justice to assist bearers of the right to asylum when other states unjustly default on their responsibilities. (shrink)

Questions about the dignity of the human person give rise to many of the most central and hotly disputed topics in bioethics. In _A Defense of Dignity: Creating Life, Destroying Life, and Protecting the Rights of Conscience_, Christopher Kaczor investigates whether each human being has intrinsic dignity and whether the very concept of "dignity" has a useful place in contemporary ethical debates. Kaczor explores a broad range of issues addressed in contemporary bioethics, including whether there is a duty of "procreative (...) beneficence," the ethics of ectopic pregnancy, and the possibility of "rescuing" human embryos with human wombs or artificial wombs. _A Defense of Dignity_ also treats issues relevant to the end of life, including physician-assisted suicide, provision of food and water to patients in a persistent vegetative state, and how to proceed with organ donation following death. Finally, what are the duties and prerogatives of health care professionals who refuse in conscience to take part in activities that they regard as degrading to human dignity? Should they be forced to do what they consider to be violations of the patient's well being, or does patient autonomy always trump the conscience of a health care professional? Grounded in the Catholic intellectual and moral tradition, _A Defense of Dignity_ argues that all human beings from the beginning to the end of their lives should be treated with respect and considers how this belief should be applied in controversial cases. "_A Defense of Dignity_ provides a skillful, informed, and clear philosophical analysis, from a natural law perspective, of a range of controversial, and sometimes complex, bioethical questions concerning the beginning and end of life. Few authors approach bioethics from a natural law perspective, and few do it as well as Christopher Kaczor. The book should be of interest not only to natural law philosophers and their students, but also to anyone interested in bioethics." —_John Keown, Georgetown University__ "Moral questions at the beginning and ending of life and controversies over liberty of conscience are among the most vexing and important issues of our day. Christopher Kaczor brings his characteristic moral seriousness and philosophical good sense to his treatment of these issues, all of which implicate the key concept of human dignity. This eminently readable collection will provide an invaluable resource for educators and students alike." — Christopher Tollefsen, University of South Carolina_ “Indispensable. Kaczor untangles the various meanings of human dignity to undertake a reexamination of the most serious and difficult issues in medical ethics. The book combines clarity with philosophical precision, faithfulness to Catholic teaching with a thorough engagement with critics." —_J. Budziszewski, University of Texas at Austin_. (shrink)

The constitution of Pakistan contains wide range of provisions for the protection of labour rights. Pakistan has been bestowed with 70 labour laws along with 90 rules and regulations thereunder. In spite of these labour laws along with rules and regulations, labour force is facing multifarious challenges that posit direct threat to their legal recognised rights. In this regard this study was carried out to study the main hurdles that labour rights encountered in historical perspective. Moreover, in the wake (...) of devolution plan through 18th amendment to the constitution of Pakistan, what problems in respect of enforceability and legality have arisen? Labour laws promulgated in various Pakistani regimes have been discussed to figure out what really prevented successive governments to ensure minimum protection to labour strata of the nations. The article concludes with some recommendation that are sin-qua-non in current globalization where rights have emerged as the most sacred instruments in the hands of weaker portion of a society. (shrink)

This mixed-methods study examines the human rights and human rights education and training (HRET) perspectives and practices of law educators in Myanmar during the democratic transition that ended with the 2021 coup. “Contextual, Theoretical, and Methodological Framing” provides an overview of legal and human rights education in Myanmar, discusses the potential of human rights education in law schools during democratic transitions, addresses why educators’ human rights and human rights education perspectives and practices are important to examine, (...) and presents the research methodology. “Findings” presents findings based on the two phases of research during the transitional period: phase 1 (2015–2017)—law instructors’ perspectives and practices after participating in a multi-year HRET program; and phase 2 (2019–2020)—law instructors’ perspectives on the goals, challenges, and potential of HRET in Myanmar. The third section—“Discussion and Implications”—examines the contextual challenges and opportunities for human rights education as related to (1) critical human rights education, (2) practice-oriented HRET, and (3) administrative policies and practices for human rights and HRET within universities. (shrink)

Federal guidelines require that informed consent be obtained from participants when they are enrolled in a research study. When conducting research with children, the guidelines utilize the term permission to describe parents' agreement to enroll their children in a study. The basic components of consent and permission are well described and identical, with the exception of the person for whom the decision to participate is being made. Beyond permission, when enrolling minor participants in research, affirmative agreement to participate in research (...) or assent must be obtained from the child participants themselves. The concept of children's assent to research, however, is poorly defined, resulting in inconsistency in its pursuit and, consequently, in its utility. The interface between cognitive development, emotional, and social development must be examined as it pertains to this special situation of decision making. For this process to meaningfully protect minors, the assent process must be clarified, decisions regarding parental veto power must be more convincingly justified, and researchers must be better educated and held accountable for the valid execution of this process. Strategies for implementing the assent process more effectively are presented. (shrink)

The Helsinki Declaration is a very important document regarding the protection of patients’ rights in clinical trials and one of the fundamental sources of operational principles for every ethics committee. Although they have been updated, the international guidelines for ethics committees continually fail to address certain issues pertaining to the protection of patients’ rights in clinical trials. These issues include, most significantly, the method of electing ethics committees (a free, secret ballot should be preferred to direct appointment), the (...) avoidance of conflict of interest during the election of ethics committee members, and the necessary insurance coverage for the participants of clinical trials. Polish law should, on the other hand, be developed in such way as to not limit the effectiveness of ethics committees in protecting patients’ rights in clinical trials. The ideal solution would be to draft a uniform law concerning not only clinical trials, but all medical experiments. The opinions of experts who have been reviewing medical research projects for several years may prove to be especially valuable in this setting. (shrink)

This text has already been published in Studies in Philosophy and Education, Feb. 2018, n° 37, p.103–107. As we all know it, writing and reading takes time. In the contemporary social and academic context, often shaped by a destabilizing sense of acceleration and urgency, protecting the moments required for such ‘time-consuming' activities is not something that can be taken for granted anymore. The way we commit to a specific task expresses as much about the meaning it may carry that (...) what we - Débats. (shrink)

Financial services have a very significant impact on and meaning to the daily life and welfare of consumers. The spectrum of these types of services is very broad, and their regulation is also changing both at EU and national (Member State) level. In order to implement the main or the most relevant EU level goals, such as high level consumer rights protection, consumer trust in business sector, proper and effective functioning of the EU internal market it is essential (...) to ensure clear and sufficient legal regulation, establish responsibility of the services providers, consumer rights and duties as well as promote, seek for the more effective, faster and cheaper ways of solving consumer and business sector disputes. The authors of this article support the idea that the abovementioned goals can be achieved by close and more fruitful cooperation between the EU and national competent authorities, participation in various ad hoc expert working groups, committees or EUwide networks, such as FIN-NET. This article reflects general ideas about the problems arising in the financial consumer services sector, the activity of the EU and national institutions, seeking to ensure fair and transparent provision of such services to consumers, analysis of alternative dispute resolution (hereinafter – the ADR) methods and the good practice of their application in the EU Member States. This article highly supports the application of alternative, nonjudicial procedures and broader application of the means of selfregulation, such as codes of conduct. (shrink)

Energy services have a particularly significant impact on the daily life and welfare of consumers. The importance of such services is high, and their regulation is also changing both at the EU and Member States level, especially after the adoption of the Third Energy Package1, which is focused on improving the operation of retail markets to yield real benefits for both electricity and gas consumers. In order to implement the main or the most relevant goal of the EU, (...) such as high level of consumer rights protection, resulting in consumer trust in business sector, proper and effective functioning of the EU internal market etc., it is essential to ensure clear and sufficient legal regulation, establish responsibility of the services providers, consumer rights and duties as well as promote more effective, faster and cheaper ways of solving consumer and business disputes. The authors of this article feel the lack of scientific analysis on this issue. Despite its importance, discussions take place at political or practical level, but no recent analyses exist as to why energy services sector is so fragmented and how it affects different conditions or rights of consumers in various Member States. This article also clearly supports the idea that the above-mentioned goals can be achieved by close and more fruitful cooperation between the EU and national competent authorities, participation in various ad hoc expert working groups and committees, such as the Vulnerable Consumers Working Group. This article reflects general ideas about the problems arising in the energy consumer services sector, the activity of the EU and national institutions, seeking to ensure fair and transparent provision of such services to consumers, it also contains an analysis of alternative dispute resolution (hereinafter – the ADR) methods and good practice of their application in the EU Member States. This article highly supports the application of alternative procedures in the field of energy services and sees them as a possibility to minimise increasing consumer problems, e.g. a new phenomenon – consumer energy poverty in the EU, which is defined as the situation where a household is unable to access a socially and materially necessitated level of energy services at home and pay for the provided services. (shrink)

How should judges deal with the manifestation of religious symbols in public educational institutions? In light of the important role of human rights in our legal and political system, courts should grant maximum protection under the freedom of religion or belief. The central thesis of this article is that the European Court of Human Rights fails to live up to this standard. In order to reach this conclusion, the article analyzes relevant case law of the European Court and compares (...) its case law with that of the high courts of Canada and South Africa. In addition, the article assesses the case law of all three courts from the angle of interpretation theory and particularly Cass R. Sunstein’s theory of judicial minimalism. Adoption of a more consistently minimalist methodology by the European Court might lead to a greater protection granted to individuals and groups. However, a wide and deep ruling is first required to overturn the current line of reasoning. The European Court can draw inspiration from Canada and South Africa for such a judgment. (shrink)

For the last several decades, ensuring human rights and national security have remained an important goal and a condition for existence of every state. The interests of national security often presuppose the need to narrow some natural rights, such as, for example, the right to privacy, the right to secrecy of communication, etc. Traditional concept of security is related to ensuring national security. According to the traditional concept of security, the state is considered the main object of security; (...) therefore, the states mainly focus on external threats. It is stated that the most important thing is to protect the state from external aggression, ensure protection of state borders and institutions. Protection of human rights is ensured simultaneously. It is, however, observed that a secure state does not necessarily mean that the citizens of the state are secure. Security of a person is under threat due to limitations imposed on human rights while seeking to ensure national security. (shrink)

Purpose. The article is aimed to study the anthropological, socio-philosophical and philosophical-legal dimensions of the ontological sphere of human life within the discourse of restricting human rights during pandemic threats. To do this, one should solve a number of tasks, among which are the following: 1) to explore the anthropological and praxeological understanding of fear as a primary component of human existence in a pandemic, which prevents people from changing their lives for the better and healthier, having fun and (...) happiness; 2) to put a focus on the habituation of fear as a two-dimensional adaptation to risks and threats from pandemics; 3) to reflect the anthropological features of changes in human life experience under the influence of the COVID-19 pandemic in the discourse of human rights and public health measures. Theoretical basis. Today, international guiding principles on human rights response to global natural threats have been updated. However, there are still no specific legal recommendations concerning measures on human rights protection during outbreaks of various infectious diseases. However, the influence of unexpected global challenges causes a change in the anthropological component of society and the state, so it requires immediate comprehensive research. Originality. It was substantiated a systematic approach to the implementation of modern healthcare policy towards the recognition of human life as the highest value, increasing the level of psychological preparedness for pandemic challenges and approximation of statutory provisions of human rights protection to modern challenges and threats to the health of the individual, society and state. The study of anthropological, socio-philosophical and philosophical-legal dimensions of human existence in the discourse of pandemic threats made it possible to reveal the profound influence of fear on human life, social justice and, consequently, identify the moral and legal dependence of the development level of society and the state on the level of axiological and anthropological concept of human dignity. Conclusions. Based on the study of statistical reports, international analysis and the use of personal authorial methods, the following can be stated: the methods of combating the modern pandemic have directly affected everyone on national and international level. Their influence is significant because it changes the rules of coexistence and life of people in all spheres. However, the influence on the consciousness and other intentions of the individual has mostly temporally insignificant limits. (shrink)

The paper focuses on the general principles established in the caselaw of the European Court of Human Rights while applying and interpreting the Article 3 of the First Protocol of the Convention for the Protection of Human Rights and Fundamental Freedoms which provides: „The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.“ Article 3 (...) of the First Protocol enshrines a fundamental principle for effective political democracy, and is accordingly of prime importance in the Convention system. It refers not only to positive obligation of the Contracting State to organize democratic elections, but also guarantees individual rights, including the right to vote and the right to stand for election, although this is not explicitly stated in it. These rights are not absolute; there is room for “implied limitations” and Contracting States are given a wide margin of appreciation in this sphere. However, these limitations must be such that the rights in question were not curtailed to such an extent as to impair their very essence and deprive them of their effectiveness, should be imposed in pursuit of a legitimate aim and should not be disproportionate. (shrink)

Since the 1970s, the United States has adopted a trade policy agenda that has forced countries to trade away flexible patent provisions for access to US markets. While pharmaceutical companies have argued that the recognition of patent rights is essential for recovering investments in research and development of pharmaceuticals and incentivizing future innovation, the lack of competition has had damaging consequences for public health, as companies tend to set the prices of treatments beyond the reach of consumers and government (...) programs. Thailand and Brazil are bound by law to provide universal access to anti-retroviral treatment (ART) to People Living with HIV/AIDS (PLWHA). This has been made possible in part due to the universal health care systems in each country and the countries' local technical and industrial capacities that provide the government with affordable generic medicines. The introduction of stronger intellectual property protection laws however, has limited possibilities for procuring generic medicines and inflated the cost of treatment. Between 2006–2008, Thailand and Brazil used compulsory licensing to authorize generic competition against the consent of the pharmaceutical companies in order to guarantee the right to health and ensure the viability of government health budgets. This paper will demonstrate how the interaction between individual / collective action and structural and institutional elements in Thailand and Brazil produced propitious conditions for each country to assert the primacy of health over patent rights. (shrink)

The treaty of Lisbon makes European Union (EU) accession to the European Convention on Human Rights (ECHR) an obligation of result. The issue has been intensely discussed for more than thirty years, arguing that such accession is necessary in view of the need to ensure the ECHR standard of fundamental rights protection in Europe. This question again gains prominence as the EU member states and the institutions seek to agree on the negotiation directives of EU accession to the ECHR. (...) The process brings up the difficulties involved in creating a mechanism which would both facilitate the autonomy of the EU legal order and enable individuals to bring claims against the EU to the European Court of Human Rights (ECtHR). This involves the questions how it would be possible to ensure quick access to justice, and whether the ECtHR would continue to apply the doctrine of equivalent protection in relation to EU even after the latter becomes bound by the ECHR. The article argues that EU accession to the Convention is a prominent political step ensuring coherence of human rights protection mechanism in Europe. (shrink)

In the past few decades, liberal and democratic thought has been subjected to attacks from the adherents of nationalism, populism, and social radicalism. Much of these attacks involve suspicions about liberalism’s association with the contents and purveyors of structured knowledge, scientific and humanistic alike. I suggest that an examination of the history of liberal beliefs may add to our understanding of what is at stake. Such an examination may reveal how liberal thought in the twentieth century shifted away from its (...) earlier individualist and constitutional position towards the pluralist position that grants a special place to educated knowledge, to experts and professionals, and thus invites allegations of elitism. In particular, I focus on the differences between the ideas that conventional liberal authors elaborated during early modernity and the nineteenth century, on the one hand, and the version of liberal values and the polity based on them that were tacitly adopted during the mid-twentieth century, on the other hand. The examination involves highlighting the common denominators of mid-century authors on right, left, and centre, such as Laski, Popper and Hayek, as well as asking what in their shared worldview could attract allegations of elitism from later generations. (shrink)

In recent years consumer law has come more and more into the focus of legislation within the EU. One of the EU’s key objectives, completing the final stage of the internal market, is to place consumer rights in the centre of it. Following the adaption of various consumer law measures for some decades, the EU has undertaken a thorough review of its consumer acquis. After years of consultations, the Consumer Rights Directive 2011/83/ EU, which was supposed to set new standards (...) of consumer protection, came into force and will have to be implemented by the Member States by 13 December, 2013. Renouncing its principal practice of minimum harmonisation in the area of consumer law, i.e. allowing Member States on the basis of Directives to adopt more protective rules, the EU legislator now turned to a targeted full harmonisation approach by means of the Consumer Rights Directive, aiming at increasing the consumer protection across the EU by bringing together the currently distinct laws for distance selling and off-premises contracts as well as other types of consumer contracts in a single instrument. The article briefly introduces the background of the Directive and discusses the shift in means of harmonisation concepts. Then, it analyses the scope, concepts and content of the Directive, which mainly brings considerable reforms in the areas of information requirements and the right of withdrawal. Taking into account the Directive’s improvements and shortcomings, conclusions are drawn that further harmonisation and a uniform and universally applicable set of European consumer rights are needed. (shrink)

Despite the enormous size of the illicit market in the United States, there is a paucity of research concerning the rights of consumers of illegal products. In this article it is argued that the illicit nature of a transaction should not deny consumers the right to safety and redress. Recognition of these rights is not only in line with the public policy goal, i.e., protecting public interests, but it can also serve as a deterrent factor for the (...) sales of illegal products. (shrink)

In this popular text, Joel Spring provocatively analyzes the ideas of traditional and non-traditional philosophers, from Plato to Paulo Freire, regarding the contribution of education to the creation of a democratic society. Each section focuses on an important theme: “Autocratic and Democratic Forms of Education;” “Dissenting Traditions in Education;” “The Politics of Culture;” “The Politics of Gender;” and “Education and Human Rights.” This edition features a special emphasis on human rights education. Spring advocates a legally (...) binding right to an education that includes an education in human rights. His argument is that until schools are required to fulfill a duty to protect human rights and teach others to protect human rights, government-operated schools will remain authoritarian rather than democratic institutions. Wheels in the Head: Educational Philosophies of Authority, Freedom, and Culture From Socrates to Human Rights, Second Edition , a critically original work, is widely used as a text for courses across the fields of philosophical, social, political, and historical foundations of education, and critical issues in education. Reflecting its global relevance, a Chinese translation was published by the University of Peking Press in 2005. (shrink)

This article takes up the educational challenge of the framers of the Universal Declaration of Human Rights. Specifically, the author explores the question of: how can we talk about a universal conception of human rights in a way that both respects the need for cultural pluralism and the necessity to protect those rights and freedoms that all people—regardless of differences such as race, class, culture, or religion—are entitled to? What metaphor or metaphors can be useful for us to speak clearly (...) and coherently about the issue of universal human rights in a diverse world? The author examines a prevailing yet problematic metaphor, which Makau Mutua critiques in his well-known essay ‘Savages, Victims and Saviors: The Metaphor of Human Rights.’ He then attempts to articulate some common values that can serve as a foundation for an alternative conception of human rights. Next, he proposes an alternative metaphor—the Buddhist notion of equalizing and exchanging self and other—that more aptly captures the complexity and contradictions of talking about universal human rights. Finally, he turns to the role of education in helping people become familiar with and respect this alternative metaphor. (shrink)

This contribution focuses on the topic of attention and sets forth the main points of Bernard Stiegler’s analysis of the interplay between capitalist consumer society, the destruction of attention and the consequences for individual and collective life. We look at how current digital technologies in service of the needs of the market are a major factor in the destruction of attention and discuss two counterforces that do not destroy but form attention: education and meditation. If life is what you (...) fill your attention with, then focusing or directing attention is one of the most valuable abilities for knowing how to live. Instead of letting our attention be hijacked by the market and the economic needs of neoliberal capitalism, being in charge of what happens to our attention may be a basic right that needs protection given the current conditions of the attention economy. (shrink)

Journalists play an important role in the realization and protection of human rights worldwide, framing and shaping the public’s understanding of issues. In the United States, however, studies show that media coverage of human rights is inadequate and frequently inaccurate, with US journalists typically framing human rights as an exclusively international issue. This study helps to explain why this is the case through an examination of the human rights content of journalism education in the United States. Journalism (...) class='Hi'>education is dominated by undergraduate programs in the United States, yet data from this study show that human rights education is not part of journalism training programs at the undergraduate level and is not a focus of most graduate-level training programs. Those schools that do teach human rights do so largely with a focus on events and violations abroad. The fact that journalists are not educated about international human rights law and standards or taught to view events through a human rights lens means that crucial opportunities are missed to frame topics as human rights issues, to inform the public, and to hold governments and other human rights violators accountable. (shrink)

Environmental degradation and extractive industry are inextricably linked, and the industry’s adverse impact on air, water, and ground resources has been exacerbated with increased demand for raw materials and their location in some of the more environmentally fragile areas of the world. Historically, companies have managed to control calls for regulation and improved, i.e., more expensive, mining technologies by (a) their importance in economic growth and job creation or (b) through adroit use of their economic power and bargaining leverage against (...) weak national governments, regional and international regulatory bodies. More recently, the industry has had to contend with another set of challenges that involved treatment of indigenous people and their traditional land rights, fair treatment of workers, human rights abuses, and bribery and corruption involving local officials and political leaders. These challenges currently fall outside the traditional areas of regulation and control. Nevertheless, they pose serious threat to the industry’s business practices because of their global scope, threat to company’s reputation, and long-term risks of political instability leading to increasing cost of capital. Industry has responded to these challenges by creating voluntary codes of conduct that would signify their intent to comply with higher standards of conduct, and assuage public opinion that no further action is called for. These codes, however, lack any monitoring mechanism and reporting integrity to assure the public that the industry members are indeed meeting their commitments. Consequently, pressure on the industry continues unabated and with ever increasing calls for mandatory regulation and oversight. This article examines the activities of one mining company, Freeport-McMoRan Copper & Gold, Inc., which has taken a radically different approach in responding to these challenges at its mining operations in West Papua, Indonesia. While cooperating with industry-based efforts of voluntary codes of conduct, Freeport also initiated a radically different response through its own voluntary code that would directly focus on issues of human rights, treatment of indigenous people on whose traditional land its mine was located; economic development and job creation and, improvements in health, education, and housing facilities, to name a few. Additionally, the company earmarked large sums of money and involved representatives of the indigenous people in their management and disbursement. The company took an even more radical action when it committed itself to independent external audits of the company’s compliance with the code, and that these findings and company’s responses would be made public without prior censorship by the company. We analyze the nature of corporate culture, vision and risk-taking propensities of its management that would impel the company to embark on a high risk strategy whose outcomes could not be predicted with any degree of certainty before the fact. The parent company also had to confront discontent among the management ranks at the mine site because of cultural differences and management styles of expatriates and local (Indonesian) managers. Finally, we discuss in some detail the extensive and intensive character of a two phase audit conducted by the outside monitors, their findings, and the process by which they were implemented and reported to general public. We also evaluate the strengths and challenges posed by such audits, their importance to the company’s future, and how such projects might be undertaken by other companies. (shrink)

This article examines Anna Joseph’s suggestion of introducing into United States law a requirement to stun an animal still found to be conscious after 40 seconds following initial cutting during religious slaughter. It is suggested that the proposed law fails to address significant ethical concerns based on scientific evidence. The conflict with human rights legislation, especially religious freedom, is discussed. A new consumers’ rights approach is proposed that highlights the life of the animal and may provide a universally applicable (...) legal framework for meat production. This may avoid the pitfalls of conflicting with human rights, thereby enabling the revision of practices through education, information, and changing consumer behavior. (shrink)

This essay sets down three directives for conscientiously objecting clinicians—physicians, particularly obstetrician/gynecologists, trained in NaProTechnology by the Pope Paul VI Institute and Creighton University School of Medicine and any medical professionals who share their natural law vision of reproductive health care—to protect their right to well-formed conscientious objection in reproductive medicine. Directive one: understand the nature of a well-formed conscience and its rightful exercise. Directive two: fulfill all reasonable American College of Obstetricians and Gynecologists’ requirements for conscientious refusal. Directive (...) three: execute a political strategy to protect health-care conscience rights. (shrink)

Issues of sexual orientation elicit ethical debates in schools and society. In jurisdictions where a legal right has not yet been established, one argument commonly rests on whether schools ought to address issues of same-sex relationships and marriage on the basis of civil equality, or whether such controversial issues ought to remain in the private sphere. Drawing upon an antiperfectionist liberal framework, Dianne Gereluk argues that schools have an obligation to educate students in two important ways. First, students (...) must develop an awareness and understanding of the range of acceptable and permissible ways of life that may lead to human flourishing. Second, students must understand the requisite protections and recognition afforded to individuals in a pluralist society. (shrink)

Saudi Arabia has ratified the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. However, it has made general reservations to the effect that where there is a conflict between a Convention article and Islamic Law principles, Islamic Law shall have precedence. The family law rights of women and children in the Kingdom of Saudi Arabia have been criticised for not reaching the standards set by CEDAW and CRC. This (...) article looks at the internationally set standards of these rights and compares them with the Family Law rules of Islamic Law as applied in Saudi Arabia. The applications in Saudi Arabia are then examined by looking at certain practices, case judgments and recent developments in the country in this field. Amongst these developments are the first case in which a Saudi judge annuls a child's marriage, the first death sentence declared on a father who abused his daughter causing her death, and the Saudi Divorce Initiative which aims to educate women and call for the protection of their rights during marriage and after its dissolution. The article stresses that despite the many improvements, there remains a need for codifying the Islamic Law of Personal Status in Saudi Arabia as this measure would be the basis that defines and protects the rights of women and children in Family Law. (shrink)