Dissertations / Theses on the topic 'Droit de la vie humaine'
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Youhnovski, Sagon Anne-Laure. "Le droit de la vie humaine. Contribution à l'étude des relations entre la vie humaine et le droit." Electronic Thesis or Diss., Lyon, 2021. https://scd-resnum.univ-lyon3.fr/in/theses/2021_in_youhnovski_a_l.pdf.
Full textThe big bang caused by the meeting of human life and law has led to the creation of several legal prescriptions that have human life as their object. Despite their heterogeneous nature, it is possible to outline a common structure, enabling stability and unity in the relationship between human life and law. The law of human life is the structuring concept of this relationship. Mustered as a new key to reading their relationship, the law of human life should make it possible to identify all the dynamics that make them oscillate.Precisely, the law of human life is subject to opposing currents. A first trend uses the law as an instrument to increase the respect for life. A second liberal current tends to solicit the exercise of control over life, reflecting the movement towards the subjectivisation of fundamental rights and freedoms, to which the valorisation of personal autonomy provides fertile ground. The law of human life thus has a dual nature, the right to respect for life forging its objective nature, the right over life revealing its subjective nature. These two rights are seemingly antagonistic. However, taking into account the degree of subjectivisation of the law of human life allows us to qualify the influence of this phenomenon on it. The State, charged with the task of striking a balance between these two poles, sets itself up as the guardian of respect for life, with the deployment of the regime of control over life being controlled or even curbed. The balance of power within the law of human life turns out to be disproportionate to the right to respect for life. The duplication of the law of human life allows the right to respect for life and the right over life to coexist without causing their mutual neutralisation
Belrhomari, Nadia. "Génome humain : espèce humaine et droit." Thesis, Paris Est, 2012. http://www.theses.fr/2012PEST0038.
Full textDecoding the human genome now authorizes a manipulation of human life. Driven by a desire for perfection, the human being now operates what is involved in his very essence, the human genome.As such, diversity within human species gets disturbed and genetic vulnerability increased. Therefore, if our humanity, the essential element of our singularity, is shaped according to our genetic code, it can also be broken by the systematic application of biotechnology to humans. These might include not only the survival of mankind as a human community, but also, in each of us, the persistence of human element.The human species, the key point of our mankind, should therefore be preserved. It represents a sensible living unity with its own design which gives birth to multiple lives of individuals, unites generations in space and time and subtend the human being. Law is thus facing a new challenge: to preserve the human nature itself. The analysis of positive law on the use of the human genome reveals that the protection of the human species is very insufficient. This failure of the law makes it necessary for us to think of other ways, more efficient, to preserve our mankind against the risks caused by reckless handling of our genome. To do this, the human species, inter-generational bridge carrying the essence of man, must be understood not as an object of law, but as a subject of law. We should also rethink the concept of responsibility with respect to the otherness
Archer, Frédéric. "Le consentement en droit pénal de la vie humaine." Lille 2, 2000. http://www.theses.fr/2000LIL20025.
Full textArcher, Frédéric. "Le consentement en droit pénal de la vie humaine /." Paris ; Budapest ; Torino : l'Harmattan, 2003. http://catalogue.bnf.fr/ark:/12148/cb389750282.
Full textTrimarco-Marciali, Anne. "Droits fondamentaux et protection de la vie humaine prénatale : étude de droit constitutionnel comparé et de droit européen." Nice, 2008. http://www.theses.fr/2008NICE0019.
Full textWether it is studied under the angle of Constitutional comparative law or European law, the question of unborn human life leads to the same conclusion. Whereas this life is protected in the name of Constitutional and conventional obligations inherent to fundamental rights, such a recognition challenges these rights. The philosophy of fundamental rights is indeed based on the idea that the protection of these rights must be equal, universal, and independent of States' will. However, the conditions required to acknowledge the applicability of these rights to the unborn human life lead to protect it inequally, partially and dependantly of States' will, so that substantial base of these rights is indirectly challenged. Moreover, the acceptation of unjustified offences to the rights protecting unborn human life challenges legal value of fundamental rights
Tsarapatsanis, Dimitrios. "Les fondements éthiques des discours juridiques sur le statut de la vie humaine anténatale." Paris 10, 2008. http://www.theses.fr/2008PA100114.
Full textThe présent study examines the légal status of the human fetus and more precisely the conceptual and moral foundations of the légal discourses as they have been pronounced after the récent progress in biotechnology. Starting from the doctrinal dispute on the légal qualification of prenatal entities through the traditional- conceptual couple "person"/"thing," it is shown, at first, that the most important source of légal ambiguities about the prenatal human life is largely due to a certain idea on the value of human life. It is so suggested that behind the rhetoric of the personification and the réification of human prenatal entities there are two différent ways to conceive the value of human life. In order to understand better the normative contexts and their ambiguities, the author further attempts to map out the justifications held by légal and doctrinal actors, justifications that invoke more général political principles, relative to the ways a state is authorized to legally impose the respect of controversial moral values in the conditions of a pluralism of différent conceptions of the good, and of the value and meaning of human life
Strugala, Claire. "L'identité physique de la personne humaine." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32073.
Full textDefined as a whole set of body information strictly personalized, the physical identity is now the subject of a growing exploitation. Translated into legal terms, the ethical and philosophical questions raised by the growth of the body identification lead to wonder about the legal status and the place of the physocal identity inside the personal identity. The answer that the law is likely to bring to this issue is quite important because, through it, it is the protection of the identity of the natural person that comes up its entire complexity. And yet, whether we underline the advantages of the body identification of people or we denounce the risks, it is certain that those who are in favour of and those who are against the explotation of the physical identity are reunited: regardless of the establishing of a civil identity, it gives the possibility to identify directly the person who committed an act protected or punished by the law. And distinguish and attribute better, such is precisely the calling of the legal identification of people. Also, regarding the true feeling of identity that some identifications arise in a person, and the specific protection that follows from it, today it does not seem too daring that the personal identity is not limited to a civil identity but it embolied in some characteristic elements, such as genetic fingerprints or the image
Philippot, Alice. "L'être humain au commencement de sa vie." Paris 1, 2012. http://www.theses.fr/2012PA010270.
Full textDiani, Florian. "L'influence du principe de dignité humaine sur l'évolution du droit public de la vie en détention." Thesis, Lille 2, 2016. http://www.theses.fr/2016LIL20002/document.
Full textAs from the early 2000s, the European Court of Human Rights started to give unprecedentedlegal effect and meaning to the principle of human dignity applied to conditions of detention, drawing, when doing so, in particular on Article 3 of the European Convention on Human Rights prohibiting torture and inhumane or degrading treatment or punishment. This major development, which has enabled the Court to have its case law implemented to a significant extent in prisons, has forced French administrative courts to fully review their case law concerning internal measures and, in substance, to impose human dignity as a framework principle in the light of which all fundamental rights of detainees must henceforth be considered. This major development has also influenced the lawmaker when voting on laws concerning the deprivation of liberty, such as the Prisons Act of 2009.Under this European influence, but also as part of an internal movement concerning the general promotion of citizens rights, the referral, to courts of public law, of matters pertaining to prison life, has, since its inception, led to a reinforcement of the rights granted to detainees (framework for sanctions and preventive security measures - solitary confinement and body searches in particular - the right to life, the right to respect for privacy and family life, freedom of conscience and of religion, etc.) and facilitated compensation for damages caused to detainees by a penitentiary authorities.However, many obstacles remain to establishing constitutionality for detainees. Indeed, thepersistence of inhuman conditions of detention, and the limits applied on exercising detainees’ rights, and to ensuring that these rights are protected by a court of law or are implemented by Administration, raise the question of their effectiveness and of their compliance with European standards as set down by the Strasbourg Court
Nicolas, Guylène. "Le droit constitutionnel du commencement de la vie." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32022.
Full textGirault, Carole. "Le droit à l'épreuve des pratiques euthanasiques." Paris 11, 2000. http://www.theses.fr/2000PA111009.
Full textChauvet, Delphine. "La vie privée : étude de droit privé." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111006.
Full textPrivacy is a jurisprudential notion, recently established by the legislator. Nevertheless, it’s not yet clearly defined. Privacy lies within an utterly variable context. Consequently, its domain and legal system are difficult to determine. However, notions such as intimacy, identity and personality help apprehending the concept of privacy.The evolution of society and the spreading of new technologies have impacts on privacy. Jeopardized, it has to be better protected. French courts and European Court of Human Rights are attempting at this necessity.If privacy is subjected to a right of respect, its dispute isn’t limited to defense. Privacy also contributes to personal development.Yet, right of privacy is relative insofar as it draws antagonist interests, such as general interest and various particular interests.This study contributes to apprehending privacy with regard to the Law
Kadri, Sihème. "Le droit à l'intimité du détenu : les unités de vies familiales." Paris 8, 2012. http://www.theses.fr/2012PA084197.
Full textSince of 2000, history is accelerating, involving institutional players such as MPs, courts and administrations. Laws after laws, the prison continues to be driven by the attractive force of human rights, the prohibition of inhuman and degrading treatment that represents the threshold beyond which the lock is democratically unacceptable. The principle is that the prison system should not aggravate the suffering of the detainee, the lock is the punishment, but since 1945 a place of rehabilitation. Once the prison was designed for the rehabilitation of people she has custody, the question of maintaining family ties of prisoners has become a subject of reflection for the prison. In September 2003 the establishment of the experimental units of family visits was a success both for the prisoner or the prison. The device of UVF highlights all the issues related to the re-socialization in the free world after release. It acts as a process of gradual return to reality of life without supervision, free sharing. The UVF can work on a reality principle, the position of detained persons to the facts, family and situation. The prison administration has adopted a law (Law of November 24, 2009), it provides that any person detained has the right to receive upon request, at least a quarterly visit from a UVF (Article 36). The UVF help and promote respect for the dignity, privacy of the detainee, but the difficulties associated with overcrowding and separation of families remains a major obstacle
Marguet, Laurie. "Le droit de la procréation en France et en Allemagne : étude sur la normalisation de la vie." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100124.
Full textHow Law addresses procreation is often presented, both in France and Germany, as a way to limit abuses, to guarantee founding values of the society while ensuring at the same time the protection of the human body, the human person and its personal dignity.This legal framework seems to be necessary to prevent any abuse that may arise from procreative freedoms’ enshrinement.The question is thus the following : Is this principle of protection really constitutive of the main paradigm of reproductive rights ? Is the protection of life and of the human person the base of this paradigm ? Taking Michel Foucault’s and Giorgi Agamben’s work on biopolitic as a theoretical frame, it seems that the State does not intend to protect zoe (biological life), the « bare life », i.e. the simple fact of living, encompassing all living species.It appears that the State aims to only protect some forms of life : the « good » life, i.e. the life which is meaningful both axiologically and politically.Via various regulations on procreation - birth control, abortion, medically-assisted procreation or surrogate motherhood - the State implement processes that lead to normalize the life per se. These processus are especially visible when relate to the family as well as physical or mental disability
Dibie-Krajcman, Dorothée. "Informations génétiques et fonctions médicales : (essai sur l'ambivalence de la condition juridique des médecins)." Paris 1, 2002. http://www.theses.fr/2002PA010268.
Full textFragu, Estelle. "Des bonnes moeurs à l'autonomie personnelle : essai critique sur le rôle de la dignité humaine." Electronic Thesis or Diss., Paris 2, 2015. http://www.theses.fr/2015PA020066.
Full textAfter the French revolution, in front of a holist society hitherto, the willingness of a new individual to affirm his singularity did emerge. Whilst the Christian morality referred to God, the XVIIIth century philosophers, especially Kant, wanted to substitute a morality where, according to the words of Protagoras, man would be the measure of anythings. The individual, however, still had to conform to what Kant names the categorical imperative, and to support for shared values. The morality became gradually felt as authoritative and illegitimate, the middle-class values. The 60’s let rise an individual morality, which took the name of ethics. These upheavals were not without major effects on law of persons and family law. Boni mores disappeared therefore from family law to give way to human dignity in law of persons: to the conception of a model law that of a principle law did succeed. The concept of dignity was only tardily devoted in the Civil code: that could explain the absence of consensus concerning its definition. One can consider it regrettable that such a fragility could involve the dilution of this principle, and even its transformation into a subjective right; it does not oppose whereas a low resistance to the advent of personal autonomy, awkwardly built by the European Court of the human rights on the article 8 and the individual consent. The individual gained the right to operate choices on his body, however dangerous they are, and perhaps even freedom to give up the benefit of rights stated in the Convention. It thus appears essential to redefine dignity, a rampart against the reification of human being,around the concepts of freedom and equality. Consequently, from a harmful logic of competition between dignity and autonomy, a true relation of complementarity and hierarchy between these two concepts will be able to reappear
Rivard, France. "Le défi du VIH en assurance-vie." Sherbrooke : Université de Sherbrooke, 1998.
Find full textFaria, Maria Paula Marçal Grilo Lobato de. "Données génétiques informatisées : un nouveau défi à la protection du droit à la confidentialité des données personnelles de santé." Bordeaux 4, 1996. http://www.theses.fr/1996BOR40030.
Full textAfter a description of the dangers posed to human privacy by "new genetics" and informatics, this thesis leads to the conclusion, by means of an analysis of the portuguese juridical framework, in a compared law perspective, of the right to confidentiality, medical secrecy and personal data protection laws, that contemporary law needs a special legal statute to rule the confidentiality of personal health genetic data without which fundamental human rights will be in threat
Arnoux, Irma. "Les droits de l'être humain sur son corps." Bordeaux 1, 1994. http://www.theses.fr/1994BOR10008.
Full textThe rights a human being has to govern his or her own body constituted a pertinent legal category. They can be laid out according to their two different aspects - with protection or self-disposal in mind - amongst the rights concerning individuality and the human rights. The legislator has a free hand in the manner in which he applies these laws. In their negative aspects of individual protection - i. E. "noli me tangere" - the limits within which one may exercice one's rights bear in mind collective interest, which overrules the individual, set out by the legislator with an eye to imperatives of laws and order, public health and public morality. In their positive aspects of self-disposal, the legislator is more reluctant to intervene. In the absence of writes, the judge takes into consideration the validity of the conventions on the human body, examining specifically each case (article 1131 of the code of civil law) and upholding law and order (article 6 of the code of civil law). Three draft bills, under discussion since 1992, propose to codify the implementation of these rights - namely with respect to the genetic integrity of the human race and the access to medical aid in procreation
Berset-bircher, Valerie. "Les systèmes d'information et la vie privée du salarié : analyse en droit européen, en droit suisse et en droit français." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA030/document.
Full textAs a result of information and communication technologies, ties of a legal, social economic and organisational nature between employee and employer have changed. Use of technology impacts several areas and dimensions of the working arrangement that are inextricably linked to the employee’s personal status. Using Article 8 EDHR as the leitmotiv and main source of analysis, this thesis reaffirms that employment law and human rights law are intertwined, and that Article 8 EDHR can be applied to relations between worker and employer. Using a comparative approach, the author analyses employees’ rights to privacy under European, French and Swiss law — highlighting their differences and shortcoming in relation to each other. Part one lays the foundation of employees’ rights to privacy with regard to family life, home life, correspondence and data protection. The delicate balance between the interests of the company in safeguarding its security and those of the worker in protecting his or her private life are analysed. Part two deals with the way in which privacy protection can be implemented, looking at the drafting of standards, types of regulation and the application made of the latter by national oversight bodies and by agents inside and outside the company. The research demonstrates that, on the basis of comparative analysis, improved protection of basic rights to employee privacy can legitimately be put in place through a company’s bylaws, preferably through discussions and negotiations with social partners. The goal is to shield employees’ privacy, not only in theory but most importantly in practice
Fragu, Estelle. "Des bonnes moeurs à l'autonomie personnelle : essai critique sur le rôle de la dignité humaine." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020066.
Full textAfter the French revolution, in front of a holist society hitherto, the willingness of a new individual to affirm his singularity did emerge. Whilst the Christian morality referred to God, the XVIIIth century philosophers, especially Kant, wanted to substitute a morality where, according to the words of Protagoras, man would be the measure of anythings. The individual, however, still had to conform to what Kant names the categorical imperative, and to support for shared values. The morality became gradually felt as authoritative and illegitimate, the middle-class values. The 60’s let rise an individual morality, which took the name of ethics. These upheavals were not without major effects on law of persons and family law. Boni mores disappeared therefore from family law to give way to human dignity in law of persons: to the conception of a model law that of a principle law did succeed. The concept of dignity was only tardily devoted in the Civil code: that could explain the absence of consensus concerning its definition. One can consider it regrettable that such a fragility could involve the dilution of this principle, and even its transformation into a subjective right; it does not oppose whereas a low resistance to the advent of personal autonomy, awkwardly built by the European Court of the human rights on the article 8 and the individual consent. The individual gained the right to operate choices on his body, however dangerous they are, and perhaps even freedom to give up the benefit of rights stated in the Convention. It thus appears essential to redefine dignity, a rampart against the reification of human being,around the concepts of freedom and equality. Consequently, from a harmful logic of competition between dignity and autonomy, a true relation of complementarity and hierarchy between these two concepts will be able to reappear
Blachon, Jean-Luc. "L'ordre juridique public à l'épreuve des sciences de la vie : nature et modalités du contrôle politico-légal des technico-sciences biomédicales." Université Pierre Mendès France (Grenoble ; 1990-2015), 1998. http://www.theses.fr/1998GRE21039.
Full textThis study endeavours to describe the nature and methods of political and legal control of biomedical techno-sciences. The human body is an indicator since its transformation into a technical object has brought it to the attention of state authorities. The 1994 bio-ethical laws form the foundation of the analysis. The materialisation of the body with the functional desire for continously improving health have been translated into a collective need to place it in another symbolic reference system (part i). The law has enabled the body of the individual to be joined to the cultural and legal heritage represented by human rights. This undertaking is founded on alternatives which are variations of the fundamental paradigm of modern times - techno-sciences and democracy, techno-sciences and law, objects and subjects, things and persons. The examination of the legal control of the economic and technical bases of biology and medicine (part ii) has shown the impossibility of maintaining these alternatives unchanged. The law cannot in pratice restrict its action to within such dualistic and divisive limits. Obliged to control, the law has revealed the hybrid nature of the human body. To ensure that biology and medicine are controlled the law has introduced regulations which acknowledge the interactions between science and the law, between the object and the subject, etc. Bioethical law has been developed from the french model of relations between state and society. The methods of state intervention, the explicit admission of the interest of research and public health, and the recognition of the dignity of the human being have placed collective interest (represented by the state) at the heart of the relationship between individual and science. In other terms, those of values, it is less the individual but more the collectivity which has determined the extent of state intervention
Azou, Goyema Quentin. "Données génétiques et médicales : identification et discrimination : approche comparative entre l'Europe et l'Afrique subsaharienne." Dijon, 2009. http://www.theses.fr/2009DIJOD003.
Full textHuman genetic data, because of its scientific and judicial polyphormism, is a case for new legislation. Although it is usually presented as medical data, its specific aspect should be taken into consideration, since it concerns the innermost part of the individual. The knowledge of this data is essential to medical progress, namely the treatment and prevention of some family disorders. Its specificity requires the creation of adequate judicial standards. On account of its intrinsic ambivalence, genetic and medical data cannot be used as personal data because, as a means of personal identification, it ceases to be so as soon as it loses its power to stigmatize. Collecting and circulating genetic and medical data will be a major challenge in the years to come. The rule of law allowing the use of this data should ensure the confidentiality necessary to the protection of people's private lives. Trying to draw the line between the private part and the universal one raises some crucial issues such as public interest versus private one, universality versus individuality. Whatever the terms we use, this distinction has played a major part throughout various studies and debates. Comparison with the European approach and the African one shows the dilemma between the protection and the disclosure of medical and genetic data. It reveals the diversity of ethics and legal technical; it explains the different socio-cultural customs. Our aim is to go towards audience the written contributions and also the numerous discussions further. This work is subdivided in two parts: genetic data and identification on Human Being (I); genetic data and discrimination risks (II)
Tourkochoriti, Ioanna. "La liberté d'expression et la protection de la dignité humaine et de la vie privée dans l'ordre juridique français et l'ordre juridique des États-Unis : une étude de deux précompréhensions constitutionnelles différentes." Paris, EHESS, 2010. http://www.theses.fr/2010EHES0081.
Full textThis dissertation aims at proposing an interpretation concerning the divergence of the legal status of freedom of expression in relation to the protection of human dignity and privacy in the United States and in Europe. The question concerns in our opinion the fore-understanding of liberty in continental Europe and in the United States, as well as the role of the state to define the content and the limits of liberty. It is this understanding inspired by a different conception of political philosophy which is reflected in the legal appreciation of the two legal orders this difference has its origins in the revolutionary movements, which posed me foundation of the two democracies. This conception was also inevitably influenced by the political problems of the same time as well as by the weight of the intellectual ideas, which preceded the two movements. Their evolution in the course of time brought nuances to the political ideas of the foundation which are equally useful to our understanding. France is an exemplary case for continental Europe since the principal ideas underlying the French revolution concerning the understanding of liberty and the role of the state influenced considerably the conception of democracy in the other European states
Leloup-Velay, Mélodie. "L'assurance face aux droits fondamentaux de la personne humaine." Thesis, Paris Sciences et Lettres (ComUE), 2017. http://www.theses.fr/2017PSLED007/document.
Full textThere is an increase in the focus on fundamental rights in the French insurance landscape. This tends to change the nature of the disputes involving both the insurer and the insured. The right to equality and the protection of one’s privacy hinder the insurer's use of new actuarial techniques and the use of tools provided by the Internet. Thus the European Court of Justice’s decision on March 1st 2011 forbids the difference in premium between men and women.For the insurer, supervisory authorities and share economy can threaten its rights to legal certainty, fair trials and freedom of enterprise. It seems to have no equivalent in the protection level of the fundamental rights of the insurer compared to those of the insured. This imbalance is justified by the social role of insurance, a role recently challenged by the absence of respect towards the basic principles of insurance and the lack of predictability of the claims’ costs
Farget, Doris. "Le droit au respect des modes de vie minoritaires et autochtones dans les contentieux internationaux des droits de l'homme." Thèse, Aix-Marseille 3, 2010. http://hdl.handle.net/1866/4518.
Full textThis research aims to explain and evaluate the emergence of a right of minorities and indigenous peoples to the respect of their ways of life, appearing before the European court of human rights, the Inter-American court of human rights and the United Nations Human rights Committee. The decisions and communications stemming from these tribunals will be analyzed and compared. This topic raises several questions regarding the legality of this norm, its meaning, effectiveness and limits, but also its implementation. In order to offer an interpretation of the content of that right, we need to evaluate the references made to it by the claimants, the judges and experts, which implicates an interdisciplinary approach focused on anthropological studies of law. This leads us to examine the discourses of judges, experts and claimants, to compare them and to observe their confluences and discrepancies. The results of this study show us that the emergence of this new norm is dependent upon the intervention of several agents – the claimants, the judges, the experts of the Committee and the States. This observation therefore confirms the polycentric process of construction of international legal rules. As to the legality and the effectiveness of the right of minorities and indigenous peoples to their ways of life, they vary according to the legal system, even if this right always corresponds to a legal rule. This rule consecrates a specific right belonging to indigenous and tribal people or to the members of indigenous people and minorities. It protects a relationship to the territory, i.e. a way to comprehend and to exploit it, to circulate on it and to inhabitate it. It also protects some activities. The indigenous, tribal and romas applicants unofficially take part in the legal definition of their ways of life, as the requests they submit to the international tribunals are cornerstones of judicial interpretations. In spite of a process of co-determination of the norm, gaps are observed between the positions of the different actors participating to the determination of the norm. They are either related to the impossibility for some judges to apply the right to a way of life to the case, to the distance between the positions of the claimants and the states, or to the protection of third parties. Consequently, a process of double distortion of the content of the norm appears, due to the judges’ or experts’ conceptions, but also to those of the claimants. It leads to the emergence of several problems, such as essentialism and the idealization of minorities and indigenous ways of life, paternalism, victimization or discrimination towards the claimants or their communities. These problems can alter the meaning and the impact of the norm. Nonetheless, the right to the respect of those ways of life has some theoretical effects related first to the coexistence, on a same piece of land, of different groups possessing diverse identities. They are also related to the improvement of the applicants’ quality of life and to the recognition process. However, the State’s willingness still occupies a large space in international law, as does the importance, for judges, to protect their own legitimacy. Moreover, some decisions seem too ideal or dogmatic. Those factors limit the effect of the norm. Thus, the articulation of judicial discourses and the efficiency of the norm are first contingent to the enunciation and to the clarity of the claimants’ requests. They are dependant of the receptivity of the agents whose role it is to receive them (judges and experts) and to the political, social and cultural context within which they take place. This last factor brings to light the importance for each agent participating to the elaboration of the norm to use, as much as he can, the margins he possesses.
Thèse de doctorat réalisée en cotutelle avec la Faculté de droit de l'Université Aix-Marseille 3.
Thiel, Marie-Jo. "Au clair obscur de la vie : pour un statut de l'embryon humain." Metz, 1989. http://www.theses.fr/1989METZ003L.
Full textThe human embryo has been bringing up a problem for times immemorial. Nowadays, because of their unthought-of prospects, artificial human procreation and genetic engineering call for a debate at the highest level. As a matter of fact, ethical committees, the Warnock committee, the council of Europe have already achieved a great deal of work with obvious juridical, ethical, philosophical, scientific, psychological, legislative ramifications. This research must absolutely be carried on. In this chorus of various and weighty voices the great religions are not behindhand in stating unanimously instructions for the respect of embryonic life. Eventually the status of the embryo is one of the burning questions in to-day's life and shows itself as a tremendously complex one. The future of mankind depends on how much we'll take it into account. From the very beginning and urgently a moral juridical human valid respected status must be bestowed on the embryo. It is not a very ordinary mass of tissue; it's full of life right from the fecundation, therefore right from the chromosomic pairing, even though for the first fourteen days it cannot, strictly speaking, be considered as an individual. Nevertheless it has to be looked upon as a human person on the way of being performed like any human being. Nobody is totally performed during his earthly life. All of us are performed to various degrees. So, of course is the embryo. A fit of conscientiousness appears to be absolutely necessary
Debaets, Émilie. "Le droit à la protection des données personnelles : recherche sur un droit fondamental." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010326.
Full textThe digital revolution is ambivalent. On the one hand, it empowers the State to strengthen its ability to fulfil its responsibilities and the individuals to exercise some of their rights, yet on the other hand, it enables the capturing and storing of an increasing part of day to day personal life. In order to address the increased surveillance of individuals, proposals are regularly put forward to incorporate, at the very highest judicial level, a human right to personal data protection, as the existence of such a right would improve the protection afforded to individuals. This thesis undertakes a descriptive, explanatory and evaluative analysis of the human right to personal data protection. In order to examine the making of such a right by the French constitutional court, the European Court of Human Rights and the Court of Justice of the European Union, this study sets out first to reveal its foundations. The right to data protection is then clearly identified and distinguished from other human rights such as the right to privacy. In order to measure the extent of such a right, the study then focusses on analysing the restrictions to which it may be subject when in conflict with other equally protected individual rights or with collective constraints of general interest. The enhancement of the protection afforded to the individual is therefore not as straightforward as it may initially seem. Such enhancement could however arise from the restructuring of the normative process which this human right to data protection implies
Perraki, Panagiota. "La protection de la vie personnelle du salarié en droit comparé et européen : étude comparative des droits français, hellénique, britannique et européen." Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-00997155.
Full textDorémus, Benoît. "Pour un changement de paradigme en santé-travail : essai sur les évolutions juridiques et politiques nécessaires." Rennes 1, 2011. https://www.bnds.fr/collection/theses-numeriques-de-la-bnds/pour-un-changement-de-paradigme-en-sante-travail-9782848744124.html.
Full textThe relationship between work and health has known great changes for the last decades, due to the evolution of attitudes, techniques and science. However, their origin is the taking into account of the “complexity” of our world. The judicial environment of health-work has been subject to important dysfunctions which amount for injury to the individual's or the population's health and one can observe that most of the dysfunctions are tied to the difficulties of applying the principle of equal treatment in health-work, the weakening of solidarity inside the companies themselves because of new work organizations or the absence of solidarity from the company to the society, in regards of public or environmental health care. The principle of equal treatment and the concept of solidarity have underlined the social balance in health-work, but now seem to lose efficiency. The French system, inherited from principles dated from the end of the 19th century and unable to comply with the security requirements demanded by the society, is now letting a phase-in of new ways of thinking the relationship between health and work where the principles of dignity and altruism, the globalization methods of deduction and anticipation of the risks and the adoption of responsibility ethics – with the welfare of the individuals as a primary objective – are the backbone of a new paradigm. French law has evolved for the last few years under the influence of these concepts giving hope that will nonetheless need the full support of the state authority as well as the support of a fair and abiding company which would be recipient in solving the problems of society and the world, in order to prevail
Patsianta, Kyriaki. "L'intérêt de l'enfant dans le cadre de la garantie de la vie familiale par la Cour EDH : Influence en droit grec." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10005/document.
Full textThe interests of the child is a well known concept in family law of Council of Europe Member States. Greek family law is not an exception to this rule: the interests of the child is one of its fundamental principles. However, this valuable concept of internal law, aiming at children's protection, has crossed the national borders and gained a European personality thanks to the ECHR case – law concerning family life. While ruling on these cases, Strasbourg Court underlines the significance of the notion and has elaborated its main guidelines without imposing identical evaluations.Despite the activity of the ECHR on this field, interest of child approach is a strictly national issue in Greece. The lack of contact between the Greek law and the ECHR case – law is more than obvious. The former nearly ignores the latter, while the relevant cases against Greece in this area remain few
Scollo, Martine. "Le droit au développement personnel au sens de la Convention européenne des droits de l'homme." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10054.
Full textThe right to personal development was established, a little more than a decade ago, by the European Court of Human Rights in the area of the right to respect for private life, as an extension of the recognition of a protection of the existence of the individual within the social sphere. It will begin and continue to develop through a dynamic and evolving jurisprudence dealing with issues related to transformations and upheavals that drive social environments in which the European Convention is intended to apply. It is formally unfolding exclusively in the jurisprudence on the right to respect for private life, alongside notions with which it maintains a consubstantial relationship. These notions seem to operate as a unit, nested in a formulation underlying a common goal that, in terms of cases in which the European Court uses them, seems to relate to the respect, preservation and even the development of the quality of life and well-being of the individual. However, this relationship is not constant and varies in the reasoning of the European Court, according to the cases submitted for its consideration. The right to personal development thus appears to be a complex notion, with two distinct facets, though not necessarily a priori irreconcilable. It is indeed characterized by specific legal translations and also seems to be a concept assuming a more general function of a more abstract nature. Due specifically to its general character, it seems, to a certain extent, to resonate in the jurisprudence of other provisions of the text of the Convention. From this perspective, it seems likely to contribute to the development and coherence of the European system for the protection of human rights, sometimes concretely, sometimes less tangibly yet, in both cases, particularly comprehending the spirit of the Convention text
Angelesi, Bayenga Fils. "La protection de l'enfant contre le risque de naître avec le virus de l'immunodéficience humaine en droit congolais et comparé." Thesis, Paris Est, 2018. http://www.theses.fr/2018PESC0060.
Full textPrenatal HIV transmission from mother to child is responsible for the majority of HIV / AIDS infections in infants. Despite the almost ubiquitous risk of infected children and still very limited access to antiretroviral therapy, the number of HIV-positive women who complete their pregnancies is increasing steadily in sub-Saharan Africa. Motivated by this empirical observation, the study tackles a range of legal and bioethical questions, some of which are still unpublished, torn between legitimate desire for children (right to the child) and society's obligation to protect future children against a predictable congenital disability recognized as incurable (right of the child). Fundamentally, it questions the legislator on how to capture the biological risk of maternal HIV transmission without breaking the necessary ethical balance between the fundamental rights and freedoms of the HIV-positive woman or mother and the best interests of the unborn child. Using the example of Congolese law and following the comparative information approach, the study seeks to systematically demonstrate that, in the face of the high probability of being born with HIV, the protection that the current African rights bring to the child is insufficient and, in some respects, incoherent. To remedy this, she advocates a new paradigm of normativity based on the philosophy of seeking an ethical reconciliation which does not appear to be manifestly disproportionate between the autonomy of the woman or mother who is HIV-positive on her body and the responsibility of its choices in reproductive health. Thus, thanks to its many innovative proposals for the revision of the law, has this study managed to contribute significantly to the search for theoretical tools necessary for the emergence of new African rights in order of battle for future generations without AIDS
Neyret, Laurent. "Atteintes au vivant et responsabilité civile." Orléans, 2005. http://www.theses.fr/2005ORLE0003.
Full textMattiussi, Julie. "L'apparence de la personne physique : pour la reconnaissance d'une liberté." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D024.
Full textPhysical appearance is an important consideration in self-construction as well as in interpersonal relations. Law does not ignore this phenomenon but takes it into consideration through dispersed rules such as image reproduction right, aesthetical surgery, free clothing, ban on discriminations or civil and penal identification rules. But this scattering harms the readibility and consistency of positive law. To admit a persona! freedom over physical appearance would be an efficient remedy. Such a new freedom would acknowledge that free choice over persona! appearance is the principle and limitations the exception. As for any liberty, limitations would be allowed only if they aim to protect others interests. The current mies that limit persona) choices over physical appearance without being protective of others interest should then be deleted. Thereby the condition of psychiatrie diagnosis to access sex reassignment surgery should be removed as well as the anti-Burqa act. However, admitting the freedom over physical appearance would necessarily question the means of its integration in substantive law. In this perspective, a reflexion interrogating the ability of privacy right and human body protection to be the base of this new liberty and yet to ensure its longevity needs to be led
Lefebvre, Félix. "Politiques de l’espace et condition citadine : modèles, pratiques, représentations, résistances à Ouagadougou (Burkina Faso)." Thesis, Lille 1, 2020. http://www.theses.fr/2020LIL1A006.
Full textThis PhD thesis deals with the modes of "being-in-town" in Ouagadougou, capital of Burkina Faso, on the outskirts of the great dynamics of globalization, but which is nonetheless experiencing attempts to bring its urban policy up to standard based on international models. In this respect, I try here to analyze the action of the State on the city, and its confrontation with the practices and representations the inhabitants deploy in their daily life. If this confrontation can be directly politically questionned, the inhabitants often prefer to build their own urban "arts of doing" without getting in a declared resistance against the power, according to infrapolitical tactics. Ultimately, this work questions urban life in Ouagadougou, as a relationship between the urban experience and individual and collective construction as an urban subject
Vibrac, Geoffrey. "Le corps et la preuve pénale." Thesis, Université de Lorraine, 2019. http://docnum.univ-lorraine.fr/ulprive/DDOC_T_2019_0230_VIBRAC.pdf.
Full textThe purpose of each trial is to determine a judicial truth. For that, it is necessary to bring different proofs which will lead to preserve the social order, regarding civilian law as well as criminal law. The body does not escape such an objective : yesterday as today, it was and it is used for probative purposes. However, while it has been abused to obtain usefull information for a procedure throwghout history, it is now, theoretically, subject to multiple protections both national and supranational. Thus, the latter, remains a tremendos object of probative investigation, very talkative, which leads to obtain information considered more and more reliable and above all, discriminating (and this, whatever its form: global body or a simple detached element of this material human reality). So far, the visual observation of a person is not always enough for the body to become proof : body proof is mainly a scientific evidence and the growing growth of science allows an easy development of it. This is how our judicial procedures are increasingly appealing to the scientist: the scientist is a strong ally to "make the body speak" and he provides real support to the magistrate. In any case, it is necessary that a fair balance be found between the preservation of the general interest and the individual protection of the person and his body
Rethimiotaki, Hélène. "De la déontologie médicale à la bioéthique : étude de sociologie juridique." Paris 2, 2000. http://www.theses.fr/2000PA020067.
Full textEmery, Arnaud. "L'otage en sauvetage : étude juridique." Thesis, Lyon, 2020. http://www.theses.fr/2020LYSE3006.
Full textHostage-taking began when man realized that he could manipulate the emotional bond between two individuals in order to force their hand and obtain an advantage. Hostage-taking is a crime extremely old and complex. It has started to fascinate our societies so much since victims have begun to be regularly sacrificed by kidnappers and negotiating authorities alike. Unlike the extraordinary media frenzy they generate, these crises seem to arouse relative indifference among lawyers and doctrine. This subject, which seems to elude the law, touches on its raison d'être: the protection of the weakest, the search for the common good and peace.This research work attempts to lay the groundwork for legal reflection on issues ranging from the use of armed force in rescue operations, to the legality of ransoms, to crisis negotiation and the role of the judge. The hypotheses put forward are systematically compared with the opinions of the operators met in the course of this work. Finally, the author takes a forward-looking look at the legal framework surrounding hostage rescue operations. Through this prism, this thesis questions the limits of the rule of law and the anti-terrorist apparatus of our societies
Kahn, Elie. "Droit rabbinique et nature humaine." Paris, INALCO, 1996. http://www.theses.fr/1996INAL0017.
Full textMarret, Nathalie. "La dignité humaine en droit." Poitiers, 2000. http://www.theses.fr/2000POIT3026.
Full textLevy, Catherine. "La personne humaine en droit." Paris 1, 2000. http://www.theses.fr/2000PA010299.
Full textDailler, Tatiana. "La peau humaine en droit privé." Thesis, Limoges, 2015. http://www.theses.fr/2015LIMO0123.
Full textHuman skin is a singular element that covers the body and allows everyone to benefit from the sense of touch. Described as a tissue of the human body, now the skin is subject to the same legal system enforced to the human body. However, if the skin is a protecting body shell, it is also akin to the person herself because it compose her appearence, contains elements of her identity and conduce to her identification. Therefore, if the skin covers the entire body, it also constitute the person. This makes of the skin a border element of the body and the person. Connected with this two dominant entities (person and body), the skin must be construed in a ternary relationship wich would place it in the center of the links between the person and her body. Indeed, the skin is not only an element of the human body because the person benefits from a right to make choices concerning it, even to modify it. But the skin cannot either only be an element of the person because it contains the body and constitutes a protection. However, if this link between the skin and the person must be hightlighted, it also has to merge with the link between the skin and the body to assure, on one hand, a coherence between the various legal principles alternately applied to the skin, according to its entity of pertaining, and, on the other hand, to guarantee an effective protection of the skin whatever is this entity of pertaining
Linglin, Emilie. "Corps humain et assurances de personnes." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020026.
Full textIn that it is intimately linked to the person, the human body is a delicate entity which is the object of diverse protections. Amongst these figure personal insurances which, with their nature of precaution, play an important economic and social role that justifies easier access. This study aims to determine in which manner the specificity of the human body and the will to protect it affect the two principal aspects of contractual processes in insurance: the understanding and the coverage of risk factors. Indeed to determine a risk and to decide to cover it, the insurer must understand it. Concerning coverage of risks liable to affect the individual’s existence, his physical integrity or his health, pertinent information concerns the insurance candidate’s intimacy. In which way is it possible to reconcile the rights respecting private life, medical confidentiality, the protection of genetic data and the insurer’s need for information ? In addition, in order to respond to the ever increasing demands for protection of the human body, the combined actions of legislators and judges cause certain mutations in coverage of risk by the insurer that weigh on the person and it is necessary to study these modalities. Despite all the attention paid to the human body, the “soul” of personal insurance must not be sacrificed
Kameni, Guy Marcel. "La vie privée en droit camerounais." Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10004/document.
Full textPrivacy, cryptic and contingent concept, has no legal definition in Cameroonian law like in the Western legislations such as France. This lightness of the legislator causes serious problems making privacy, an indeterminate legal object supporting the need for the determination of its legal value. Privacy is a legal object indeterminate because any definition effort is delicate and several notions seem to be part of its content and those who really hold. Privacy looks like a prerogative ofpersons. Only, the evolution of Information and Communication technology in general and social networking in particular, reveal everything related to the privacy of users sometimes with the consent of the latter who have not mastered the ins and outs of the mass media. In addition, looking for the manifestation of the truth, the right to information and communication to the public may justify violations of privacy. It is also difficult today to lead a discreet life as well for public figures, as for anonymous people. Privacy must be legally determinated. A gap between private life and public life seems more and more narrow, thus imposing a determination of the field of privacy as well as its regime. It is essential to identify the contours of privacy is based on elements such as family, health, and labour.Given its fundamental nature, the protection of privacy must be both on the internal and international plan, by the effectiveness of existing rules and development of specific texts. Similarly, the role of actors in justice is undeniable as in any other cases
Abbas, Kamel. "La genetique humaine au miroir du droit." Lille 2, 2000. http://www.theses.fr/2000LIL20033.
Full textStephan, Jérôme. "L'identité de la personne humaine : droit fondamental." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0400.
Full textOne of today’s debates which can no longer be ignored and which has been on everyone’s lips for several years is the concept of identity. It is at the heart of numerous and diverse problematics. Beyond its polysemous paradox, identity is a well-known notion in humanities, whereas in law its outlines are still unclear. What does the legal notion of identity integrate? Can the right to which it is linked be a fundamental one? Identity is not only a set of elements that allows the state to make a distinction between two persons. The official state identification procedures, like civil status and identity documents, have to face current themes and particularly security ones. But identity, after being a long-time state monopoly, is becoming more and more often a way to claim. Indeed, identity, versatile and evolving, is freeing itself from the state regulatory framework so that the individual can express himself and enhance its individualization. Today, identity is not only the answer to « who am I? » but also to « who do I want to be? » Identity claim is part of a personal approach of multiple recognitions such as sex, gender, name, religion and origin. In fact, there is no identity crisis. On the contrary, identity is actually changing. The only crisis it would face would be, as theorized by psychologist Erik Erikson, due to adolescence. Therefore, identity would face a transition before adulthood that would ensure full legal status recognition. The right of identity is being complemented by the emerging right to identity. Even if it is still fragmented, it tends to be recognized as a real fundamental right inherent to human person
Ochin, Cynthia. "Dignité humaine et droit de la génétique." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0023.
Full textBioethical laws deal with genetics and biotechnology, fields where legal intervention and oversight is imperative. The current study examines the relationship between human dignity and these nascent laws. Each genetic manipulation is considered through the lens of human dignity, as a fundamental principle which must be conserved. The goal of this study is to analyse scientific accountability in regards to bioethical laws. These emergent laws authorize manipulations of the human genome only insofar as the procedures preserve human dignity. At the same time, this study attempts to demonstrate that dignity may be being used as a tool by legal concepts which find themselves subservient to science. It is thus arguably necessary to forestall a growing scientism by denouncing the appropriation of the concept, especially in regards to protecting humanity and controlling the modification of the human race. Human dignity must act as a safeguard against all forms of unethical utilisation of the human being. Nonetheless, a certain number of genetic manipulations are authorized, typically under strict and cumulative conditions. French laws provide the framework for some practices which implicate the human genome, considered both collectively and individually, for therapies which have already become routine, or which do not hinder the preservation of the patient’s dignity. Ultimately, this study adopts the perspective that the concept of human dignity is a determinant factor in the authorisation or interdiction of genetic manipulation. Implicated in both the organisation and the application of genetic laws, human dignity today appears subservient to these laws, satisfying the demands of a scientist society, under the guise of a benefit to humanity
Bernes, Bénédicte. "La vie privée du mineur." Toulouse 1, 2006. http://www.theses.fr/2006TOU10035.
Full textThe last decades have seen minors getting even more self sufficient and more individualized within the society, but also within the family context. By the way, the Internatinal Convention on the rights of the Child has settled the basis of a right of the respect of the private life of minors. But, considering its vulnerability, minors cannot benefit from those dispositions. Indeed, subjected to the parental authority, children can benefit from a limited autonomy. Children private life seems to be compound to shrink away. Thus, the incapacity of children is justified by its need of protection related to their own interests. But, the International convention on children rights recommends a stronger power for children in terms of booth protection and autonomy. Since the interest of children is not limited to their protection, but it is extended to their personal blooming, children incapacity can be regarded to be inconsistent. Personally speaking, teenagers do not need parental authority. A sufficient protection could be granted to minors ; outside the parental responsability meanwhile children could use their individual freedom in compliance with their given rights. Thus, advocating the children individual rights seems accurate encompassing their parents. Hence, it would be appropriate to propose the adolescent minor's recognition a right to the respect of its personal life on condition that its own interest is keep safe. He could exercise this right thanks to a special capacity and oppose it even its parents
Habert, Christelle. "La prévoyance en assurance vie." Orléans, 2005. http://www.theses.fr/2005ORLE0005.
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