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Journal articles on the topic 'Human body – Law and legislation'
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1
Spiller, Peter. "The Judicial Legacy of Salmond J in New Zealand." Victoria University of Wellington Law Review 38, no. 4 (March 1, 2008): 797. http://dx.doi.org/10.26686/vuwlr.v38i4.5549.
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John Salmond was a judge of the Supreme Court of New Zealand during the years 1920-1924. This paper examines the nature of Salmond J's contribution to judicial precedent in New Zealand in five areas of the law: administrative; family; procedural; property; and contract law. Salmond J's judgments in these areas amply justified his reputation as an outstanding jurist. They were characterised by balance, fairness and a keen sense of human reality, and were presented with admirable structure and clarity. Of particular note is Salmond J's interpretion of the significant body of legislation passed from 1908 onwards. Fortified by his experience of legislative drafting at the time when this legislation was passed, Salmond J confidently supplemented the legislation with case law based on the legislative intent. The overall effect of Salmond J's judicial work was that, during the eight decades after his death, his judgments provided his successors on the bench with apposite language, frameworks and reference points in the cases before them.
2
Zhiyong, Zhao. "The Human Body in the Regime of Chinese Cultural Heritage Law." Santander Art and Culture Law Review, no. 2 (6) (2020): 339–54. http://dx.doi.org/10.4467/2450050xsnr.20.023.13026.
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For a long time, the concept of the human body has been governed by civil law. Today, this way of treating it is no longer certain. The human body can also be understood as an integral part of cultural heritage. On one hand, this is a question of the holder of the element of the intangible cultural heritage (ICH). On the other hand, it concerns the human body beyond the living person, protected as tangible heritage or cultural property. This article analyses these diverse dimensions of the human body under Chinese legislation on the protection of cultural relics and for the safeguarding of intangible cultural heritage, taking into consideration the respect for human dignity. In this regard, it offers a cross-cutting overview of the ethical and legal challenges surrounding the management and regulation of human remains.
3
Narutto, S. V. "Significance of Prof. Ekaterina I. Kozlova’s Academic Legacy for the Modern Understanding of the Legislative Process and Legislation." Actual Problems of Russian Law 15, no. 3 (April 9, 2020): 55–64. http://dx.doi.org/10.17803/1994-1471.2020.112.3.055-064.
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The paper deals with the issues of law-making development in the context of actual ideas of Prof. Ekaterina I. Kozlova with regard to the place of a legislative body in the system of state power, order and the results of its activities, the problems of limits of legislative regulation and the politicization of legislation leading to a decline in the quality of laws. The author substantiates the conclusion that the expansion of legislative regulation creates problems, including conflict-of-laws rules, legal uncertainty, numerous references to regulation carried out through bylaws. Excessive legislative regulation leads to restriction of human rights and freedoms, hinders democratic processes. At the same time, the existence of gaps in the legislative material leads to arbitrary interpretation and unlimited discretion of the enforcement.Prof. Kozlova’s works have been developed in the modern scientific doctrine of parliamentarism, federal legislative process and legislation, public control.
4
Biernat, Tadeusz. "Między polityką a prawem. Problem „upolitycznienia” tworzenia prawa." Przegląd Prawa i Administracji 110 (November 30, 2017): 115–32. http://dx.doi.org/10.19195/0137-1134.110.9.
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BETWEEN POLITICS AND LAW. THE PROBLEM OF “POLITICIZATION” THE CREATION OF LAWThe purpose of this article is to analyze the phenomenon of “politicization” of the law making process. Astrong form of politicization is the political instrumentalization of law when the law is treated as the implementation of particular interests of the political power; when is created in violation of the legality of the law-making activities; when it violates the rights of individuals human rights. The weaker but more common form of politicization the creation of law is related to the violation by apolitical authority, legislative body, additional restrictions imposed on it, which are supposed to guarantee ahigh level quality of the law. Three of the most characteristic limitations will be the basis for analyzing the phenomenon of politicization of law making. They are related to: the legitimization of law-making, the democratization of law-making process, and the standards of legislation that are characteristic of lawmaking in ademocratic state under the rule of law. To some extent, these phenomena are interconnected, one can say that they are involved in shaping the pattern of the proper legislation by preventing or reducing the politicization of the lawmaking process and its key decisions.
5
Korobtsova, N. V. "Legal status of human biomaterial." Problems of legality, no. 156 (April 22, 2022): 28–39. http://dx.doi.org/10.21564/2414-990x.156.254433.
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The article is devoted to one of the urgent and topical problems of medical law, the problem of determining the legal status of human biological material. The changes taking place today in medicine and genetics open up a number of new opportunities for the study of man, his body and its use. Man has long been seen by science not so much as a "spiritual" value, but as a value as an "object of study" and an "object of experiment". No one denies the material essence of human organs, tissues, their ability to be the subject of a number of civil law transactions (purchase, sale, mines, storage, transportation, etc.). All this requires the legislator to look at human biological material in a new way. The law must respond to all these changes that are taking place in society, in the form of regulation of these benefits, the absence of which we see today. Public relations are developing much faster than the corresponding changes in legislation. The law can help the development of these relations, properly regulating them, and can slow down this process, which is currently happening in Ukrainian law. However, the law cannot stop the process of using human biomaterial, which has long begun. Thus, the purpose of the article is to consider the legal status of human biological material, to determine its place among the existing objects of civil rights. It is proved that the current level of development of medicine, genetics requires a new approach to the study of human biological material, its legal status and place in the system of modern civil law, which determines the relevance of the chosen research topic. Unfortunately, the legislation of Ukraine and most foreign countries does not recognize biomaterial separated from humans as an object of civil rights. However, the author concluded that the subject of a number of transactions, separated from human biomaterial, is no longer an "integral" part of the body, which only confirms the need to consider it as an independent object of civil law, which by its characteristics (material (physical) separation and the ability to act as a commodity in civil circulation) "tends" to the category of things, which is the novelty of this work.
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Dyuka, A. "LEGAL REGULATIONS OF ART IN FRENCH LEGISLATION." Reproductive Medicine, no. 2(43) (June 20, 2020): 17–21. http://dx.doi.org/10.37800/rm2020-1-11.
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France is one of the rare countries which implements the fundamental mechanism for improving legislation on Bioethics. Since 1994, every five years bioethics laws are revised in order to follow medical advances (medicine), authorize new practices and impose restrictions, expressly in order to guarantee the fundamental principles laid down by the Law N94-653 of 29 July 1994 (dignity, primacy of the human person, inviolability, integrity and non-ownership of the human body and its elements). Medically assisted procreation (ART) is one of the fields under regular review. This article outlines the French law on ART and surrogacy. In spite of the fact that surrogacy is prohibited in France, the infertile couples seek surrogacy outside of the country. Over the last few years, under pressure from the ECHR and expressly to protect child interests, the French relaxed their position in order to recognize the affiliation of children born from surrogacy. The current revision of bioethical laws aims, among other things, to open up access to ART for all women (including single women and lesbian couples) and to simplify the recognition in France of the affiliation of children born by surrogacy abroad.
7
Zhydovtseva, O. A. "Current state and development of police law as a subsystem of administrative law." Bulletin of Kharkiv National University of Internal Affairs 95, no. 4 (December 24, 2021): 109–17. http://dx.doi.org/10.32631/v.2021.4.08.
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The aim of the article is to study the current state and prospects of police law as a subsystem of administrative law. It is determined that in the conditions of reforming the police as one of the law enforcement bodies of Ukraine, in particular reformatting the activities of this state body in accordance with European requirements, the study of police law is extremely important. Since police activities are also related to administrative processes, police law can be classified as a subsystem of administrative law. It is determined that despite the lack of legislative interpretation of the concept of "police law", today domestic law schools in the field of administrative law have formulated basic provisions on the nature, content and characteristics of police law as a sub-branch of administrative law. The main content of the police law structure as one of the sub-branches of administrative law is the legal norms that regulate the activities of the police and their internal organizational structure. Meanwhile, the study of problematic aspects of policing does not lose its relevance and importance, as such activities are primarily focused on respect for human and civil rights and freedoms, as well as the provision of services to the public. In order for legal norms to have an effective impact on police-citizen relations, legislation must meet the criteria of rationality and reasonableness. They should not create any gaps or conflicts in the legislation, which additionally indicate the need to further develop police law, which should be a solid foundation for the activities of each police department.
8
Barnard, Catherine, Claire Kilpatrick, and Simon Deakin. "Equality, Non-Discrimination and the Labour Market in the UK." International Journal of Comparative Labour Law and Industrial Relations 18, Issue 2 (June 1, 2002): 129–47. http://dx.doi.org/10.54648/5086491.
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English law lacks a general principle of equality of the kind found in constitutional texts in some other European countries. Legislation embodies a principle of non-discrimination in employment on grounds of sex, race and disability. This body of law stresses formal rather than substantive equality, and defines discrimination in terms of the asymmetrical treatment of individuals rather than by reference to the structural sources of group disadvantage. These conceptual weaknesses are part of the explanation for the relatively limited impact of the legislation on the UK labour market, which continues to be characterized by occupational segregation and persistent pay inequality.
9
Fuchs, Maximilian. "The Bottom Line of European Labour Law (part 2)." International Journal of Comparative Labour Law and Industrial Relations 20, Issue 3 (September 1, 2004): 423–44. http://dx.doi.org/10.54648/ijcl2004023.
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Abstract: Due to the dominance of the economic approach (see the first part of this paper) the Treaty of Rome provided for only a small body of provisions concerning labour relations, with the emphasis on guaranteeing the free movement of labour. In the absence of a sound legislative basis in the Treaty, it is not surprising that European labour legislation has been adopted on a piecemeal basis. This is to a certain extent the result of the competition between the (pure) economic model and the social policy approach of European integration. The former favours abstentionism by member states, the latter, especially in the formulation of social rights, seeks a high level of employment rights protection. Against this background nearly all areas of European Labour Law are characterised by the need to strike a balance between economic and social objectives. Some examples of this are the respect for the freedom of contract, limited only by the duty not to discriminate against workers on grounds of sex, ethnic origin, age and other factors, and the safeguarding of entrepreneurial decision-making, limited only by information and consultation rights for workers. In examining the Directives on atypical work (part-time, fixed-term employment) it is evident that considerable efforts have been made to strike a balance between employers’ and employees’ interests. Clearly, not all the legislation commands universal support, but this is only to be expected in view of the heterogeneity of the 15 Member States. However, it seems that European Labour Law has achieved a considerable degree of success in the search for social cohesion.
10
Anisimov, A. V. "Civil status of cyber-physical systems before and after implantation in the human body." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 11 (February 13, 2022): 144–50. http://dx.doi.org/10.17803/2311-5998.2021.87.11.144-150.
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The status of the cyber-physical system under the Russian civil law before and after implantation into the human body is the main objective of this article. The question of the CPS similarity to the human organ is considered, as well as the complex legal nature of CPS after implantation. There is no unified classification of implants in the legislation, therefore, it is problematic to determine the requirements applicable to CPS. The features of the CPS make it possible to recognize it as a medical device of both temporary and permanent nature. The status of the CPS as a medical device limits the range of subjects who are allowed to handle such a device. Until the moment of implantation, the CPS is a thing in the civil law sense, but after implantation into the human body, this status is transformed into the status of an organ, which excludes the CPS from the objects of civil law. It is proposed to establish the mixed nature of the CPS for the application of civil law rules and after implantation.The issues of liability and of the legal destiny after the death of CPS recipient are researched.
11
Toni, Toni. "ANALISIS KETERBUKAAN INFORMASI PUBLIK DALAM KAJIAN TEORI HAK ASASI MANUSIA DAN EFEKTIVITAS HUKUM." PROGRESIF: Jurnal Hukum 11, no. 2 (December 1, 2017): 1–5. http://dx.doi.org/10.33019/progresif.v11i2.202.
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The openness of public information is part of the human rights related to personal development rights guaranteed in legislation. This study was conducted to find out the legal events when examined from the theory of human rights and the effectiveness of the law. The results of this study are openness of public information is a human right is not supernatural guaranteed in the basic law and the rules of corporate governance and implementation in the field has not been fullest because it influenced several factors namely: the difference between the understanding of perception public body with the applicant information public body that held the rule of State secrets and the lack of synchronization between the standards and regulations of public information disclosure with State secrets.
12
Kashirkina, Anna A., and Andrey N. Morozov. "Expert examination of electoral legislation in the conclusions of the Venice Commission." Vestnik of Saint Petersburg University. Law 12, no. 4 (2021): 1109–27. http://dx.doi.org/10.21638/spbu14.2021.419.
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The article is devoted to the theoretical and practical approaches of the European Commission for Democracy through Law (the Venice Commission) to the assessment of electoral processes and elections in states. Since the Venice Commission is a subsidiary body of the Council of Europe, special attention is paid to the observance of Council of Europe standards in the field of human and civil rights in regard to elections. Through an empirical analysis of various documents of the Venice Commission (conclusions, recommendations, codes of practice, etc.), a conclusion is drawn about the existential approach of this body to assessing the electoral legislation of states. This approach is based on a wide array of sources perceived by experts of the Venice Commission, which, in addition to state legislation and official comments, may also include reports from the media, the Internet, the personal worldview of the expert and comments from other persons familiar with the situation. Based on this broad range of sources, the Venice Commission also objectifies its assessments into different acts, which may have a variety of names, but have the force of recommendations for states. Thus, the conclusions of the Venice Commission are acts of soft law and can be perceived by national legal systems using various channels of implementation. The analysis of the documents of the Venice Commission on elections and electoral processes shows that in the orbit of expertise of this body are such issues as: prevention of abuse of power and administrative resources of power in the organization and holding of elections; prevention of discrimination against opposition and various minorities, etc. The issues of gender equality in state authorities, protection of the rights of stateless persons, and voting using digital technologies are also considered.
13
Marks, Amber. "DEFINING ‘PERSONAL CONSUMPTION’ IN DRUG LEGISLATION AND SPANISH CANNABIS CLUBS." International and Comparative Law Quarterly 68, no. 1 (January 2019): 193–223. http://dx.doi.org/10.1017/s0020589318000404.
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AbstractThis article provides an analysis of the normative framework for Spanish cannabis clubs by contextualizing it within the growing body of comparative constitutional law that recognizes legal obstructions to personal drug consumption as intrusions of the right to privacy. Article 3(2) of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 relieves State parties from the Article's obligation to criminalize drug possession and cultivation for ‘personal consumption’ when doing so would conflict with their constitution or basic concepts of their legal system. Spain relied on Article 3(2) in its decision not to criminalize conduct involving personal consumption. The Spanish judiciary has had to consider the legal implications of collective consumption and cultivation in the form of cannabis clubs. In addition to operating in a grey area of domestic law, Spain's cannabis clubs straddle the blurred boundary in international and European legal instruments between ‘personal consumption’ and ‘drug trafficking’. This article explores the theoretical and doctrinal implications of both Spanish law on cannabis clubs and comparative human rights law on drug use to outline the potential contours of a constitutionally protected zone of privacy pertaining to cannabis use in a social context.
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McCallion, Maura, and Ursula O'Hare. "A new legislative framework for mental capacity and mental health legislation in Northern Ireland: an analysis of the current proposals." International Journal of Mental Health and Capacity Law, no. 20 (September 8, 2014): 84. http://dx.doi.org/10.19164/ijmhcl.v0i20.262.
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<p>When the Bamford Review of Mental Health and Learning Disability completed its work in the autumn of 2007, it drew to a close an extensive consultation and analysis of mental health and learning disability services and the law in Northern Ireland. Its last report on A Comprehensive Legislative Framework made<br />a compelling case for a major overhaul of the law that the Review team itself described as ‘quite radical’. The Review identified the case for reform in the need to ensure that mental health law conforms to the requirements of human rights law, reflects changes to professional practice, reflects the needs of service<br />users and their carers, and keeps pace with reform elsewhere in the UK. Alone of all the jurisdictions in the UK, Northern Ireland has been operating largely in a legislative vacuum in relation to mental capacity law. The Review’s proposals for reform therefore extended to reform of mental health law and the introduction of mental capacity law.</p><p>In the autumn of 2008 the NI Executive published its response to the Bamford Review indicating that it intended to develop the law sequentially: reform of the Mental Health (NI) Order 1986 by 2011 followed by the introduction of mental capacity law in 2014. Responses to the Executive’s consultation resulted in<br />the Department of Health Social Services and Public Safety (DHSSPS) revising its approach and it signalled its intention to bring forward mental capacity and mental health legislation together. This reated a unique opportunity in Northern Ireland for fusion of incapacity and mental health legislation. A further consultation paper was issued in January 2009, setting out the key approaches to the content<br />of two bills. However as a result of the consultation, the Health Minister Michael McGimpsey announced in September 2009 that there would be a single bill with an overall principle of autonomy. His press statement noted: “ A strong body of opinion, particularly from professional groups and lead voluntary organisations, which considered that separate mental health legislation continues to be stigmatising and recommended that mental capacity and mental health provisions should instead be encompassed into a single piece of legislation”</p><p>This short paper provides an overview of the current direction of travel on law reform in Northern Ireland. It comments on the policy climate and arguments for a fusion of mental capacity and mental health legislation. It also highlights some of the key policy issues that will need to be further explored as the Department develops its law reform proposals and concludes with some hopes and fears for the new legislation.</p>
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Fokas, Effie. "Islam at the European Court of Human Rights." NAVEIÑ REET: Nordic Journal of Law and Social Research, no. 10 (April 5, 2021): 121–44. http://dx.doi.org/10.7146/nnjlsr.v1i10.125695.
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The European Court of Human Rights (ECtHR or, the Court) is a formidable player in the development of legal approaches to Islam: its jurisdictional remit (covering over 800 million people across 47 countries) is vast; it is a standard setter for human rights protection in general on a global scale; and it has a rapidly growing body of case law relevant to Islam which has influenced states’ engagements with Islam within Europe and beyond. Besides the Court’s ‘direct effects’, in terms of impact on relevant legislation, through its decisions to do with Islam, it also has a significant ‘indirect’, social effect though the messages those decisions communicate about Islam and its place in society. This contribution examines the role of the Court in its direct and indirect effects on Islam, law and Europeanisation.
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Vershinin, Andrey. "Legal restrictions on the right of association in political parties and their interpretation in court decisions: comparative legal analysis." Sravnitel noe konstitucionnoe obozrenie 30, no. 2 (2021): 149–79. http://dx.doi.org/10.21128/1812-7126-2021-2-149-179.
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The article examines the issue of exercising the freedom of association in political parties in Russia in a comparative analysis with the leading democratic countries of the world. Modern democracies cannot be imagined without political parties, which are the representors of the interests of their voters in legislative bodies and local government bodies. The development of civil society and the entire political system in the country depends on how the freedom of association in political parties and the access of parties to participate in elections is realized. The development of legislation on political parties in the Russian Federation proceeded unevenly. In the first years after the adoption of the Constitution the legislative body did not introduce strict requirements for parties. The adoption of a special federal law on political parties in 2001 became a turning point in the development of the party system. The author identifies two large blocks of restrictions on the creation of parties. The first is legislative restrictions, the second is the restrictions that arise from the unfair activities of legislative and law enforcement agencies. In this work, legislative restrictions are compared with restrictions in other democracies, as well as based on legal positions developed by the European Court of Human Rights. The author comes to the opinion that some restrictions on the creation of parties are not necessary now, in the meantime they significantly narrow the possibilities of party creation and political competition. First, we are talking about a ban on the creation of regional parties. The Constitutional Court in its legal positions indicated that this restriction is temporary and will be lifted over time. Within the framework of this work, the author will give suggestions on changing the approach to the creation of political parties in Russia, which should affect the emergence of new strong parties at different levels of public authority. The author believes that a system of “controlled multiparty system” has developed in Russia, which is implemented both in changing the legislation on political parties based on the interests of the “party in power” and the practice of the registration body, which prevents the formation of new parties claiming to redistribute the existing distribution of forces. Based on the analysis of the legislation on political parties, law enforcement practice, decisions of the Constitutional Court of the Russian Federation, the ECHR and the legislation of foreign countries, the author proposes approaches to reforming the existing party system, which include small cosmetic changes and large-scale changes in approaches to the creation of parties.
17
Antoniuk, Olena І., and Ivan I. Vyshnyvetskyy. "RESEARCH STUDY OF MEDICINES USING THE HUMAN BODY AFTER HIS/HER DEATH." Wiadomości Lekarskie 74, no. 11 (2021): 3103–7. http://dx.doi.org/10.36740/wlek202111241.
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The aim of this paper is to determine the legal nature and basis for the research of medicines using the human body after establishing the fact of his/her biological death. Materials and methods: This research study is based on an analysis of the norms of international law and legislation of some states on the admissibility of the research of medicines using the human body after establishing the fact of his/her biological death. The research was carried out using the methods of dialectical and formal logic, general scientific and special legal research methods. Conclusions: The possibility of organizing and conducting research using the human body after ascertaining the fact of his/her biological death as a scientific study distinguishes such studies from related types of medicines research, proposed standardization of these studies within the preclinical research of medicines, and examination of materials funds.
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Fuchs, Maximilian. "The Bottom Line of European Labour Law (Part I)." International Journal of Comparative Labour Law and Industrial Relations 20, Issue 2 (June 1, 2004): 155–76. http://dx.doi.org/10.54648/ijcl2004010.
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Abstract: When the Treaty of Rome came into force in 1958, nobody would have dared prognosticate such a dynamic development of the body of legislation which we today are accustomed to calling European Labour Law. It is well known that the Founding Fathers did not take the line of enhanced social policy on the European level and therefore assigned the area of labour law only a very limited role. But due to changes in the political and economic arena at the beginning of the 1970s, a social policy approach gained momentum which did not replace the dominant economic approach, but at least came alongside this model and had a strong impact on policy-making. It resulted in several pieces of legislation, the nature of which was mainly crisis management (Directives concerning employer insolvency, collective redundancies, transfer of undertakings). The further development of European Labour Law is characterized by this tension between economic and social requirements and this tension explains the ups and downs of European Labour Law. The need to balance economic and social necessities is mirrored also in the jurisprudence of the ECJ which in the shaping of European Labour Law has been of the utmost importance. The same is true for the activities of the European social partners who finally became part of the law-making process on the European level. The European Employment Strategy constitutes a new challenge for labour legislation which might be forced to give preference to reducing protection standards in order to reach higher employment levels. But so far the social rights approach – also adopted in the Charter of Fundamental Rights – seems to continue its influence.
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Amashukeli, S. A. "The Legal Regime of a Hydraulic Structure as an Element of a Water Management System." Actual Problems of Russian Law 16, no. 8 (September 4, 2021): 182–91. http://dx.doi.org/10.17803/1994-1471.2021.129.8.182-191.
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The paper discusses certain issues related to the legal regulation of relations arising in the creation and operation of hydraulic structures as an element of water management systems. The relevance of the topic raised is due to the significant impact on the water body of any hydraulic structure created for the use of water resources. The paper shows the legal nature of the relationship between a hydraulic structure and a water body and the ways of reflecting this relationship in the rules of law governing relations on the use and protection of waters; the legal regime for the protection of hydraulic structures from the negative consequences of improper operation is studied. Based on an analysis of the current Russian legislation, the author concludes that there is a differentiated approach to the legal regulation of the relations in question. The provisions of water legislation and legislation on environmental protection are applied to a hydraulic structure as part of a water management system that affects a water body. To a technically complex object, the improper operation of which potentially poses a threat to human life, different provisions are applied, namely the provisions of legislation and a number of regulatory and technical safety acts.
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Arzapalo Villón, Tania Elizabeth. "Peru's National Committee for the Study and Implementation of International Humanitarian Law." International Review of the Red Cross 96, no. 895-896 (December 2014): 1061–73. http://dx.doi.org/10.1017/s1816383115000429.
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AbstractImplementation of international humanitarian law (IHL) in national legislation is necessary to promote compliance with IHL in the event of an armed conflict. Owing to its consultative and interdepartmental nature, the National Committee for the Study and Implementation of International Humanitarian Law (CONADIH) plays a strategic role in promoting its implementation in Peru. To fulfil that role more effectively, CONADIH was strengthened during a structural internal reform of the Peruvian Ministry of Justice and Human Rights (MINJUS), where its presidency lies. Two of the crucial steps to that end were that the presidency fell under a higher authority within the Ministry and the creation of a governing body with decision-making powers regarding IHL and international human rights law, thus leading to the incorporation of IHL into a broad range of public policies.
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Nikolenko, L. "Determination of the judicial precedent in the system of sources of Ukrainian law." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 3(51) (December 7, 2021): 63–68. http://dx.doi.org/10.20535/2308-5053.2021.3(51).246464.
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The article analyzes and determines the place of judicial precedent in the system of sources of Ukrainian law. The relationship between judicial precedent and case law is analyzed. It was found that the precedent gives the court decision on a particular case of a normative nature, determining the legal position of the judge is mandatory when considering similar cases. It is proved that this feature distinguishes precedent from judicial practice, which is understood as a set of court decisions on specific legal issues. It is determined that the principle of unity of judicial practice is not absolute, as the Supreme Court is endowed with procedural legislation in the prescribed manner to deviate from the previously formed legal position. The establishment of any restrictions will have a negative impact on the development of procedural law and judicial practice, will exclude the possibility of progressive development of law and social relations. The activity of the Supreme Court as the highest body of the judiciary with the functions of ensuring the uniform application of legislation and ensuring the unity of judicial practice, the acts of which are of paramount importance, is analyzed. It has been proved that the introduction of the “exemplary case” and “typical case” institutes is a step towards the recognition of judicial precedent in Ukraine and the unification in the legal system of our state of features and peculiarities of both legal families, Anglo-Saxon and Romano-Germanic. The position of scholars who refer the decisions of the Constitutional Court of Ukraine to “quasi-precedents” is supported. It is noted that European Court of Human Rights judgments are used as precedents for Ukrainian courts to apply in their own cases. It is concluded that given the positive impact of precedent on court cases, as well as in general on the regulation of public relations and overcoming gaps in the legislation, it is necessary to implement it at the legislative level as an official source of law.
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Skene, Loane. "Proprietary rights in human bodies, body parts and tissue: regulatory contexts and proposals for new laws." Legal Studies 22, no. 1 (March 2002): 102–27. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00581.x.
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This paper examines the law on the proprietary rights of people in respect of their bodies, body parts and tissue. Proprietary rights include rights of ownership and control, The paper argues that the context in which judicial decisions are made and policy recommendations are developed sometimes results in a patchwork of legal principles. Being aware of the context in which different aspects of the law have been developed enables us to understand why principles have been developed, what is needed to reconcile them and how we can establish a coherent regulatory regime. The paper then proposes such a scheme to deal with property and control rights in this area. It argues that people (or the personal representatives of people who have died) should have a personal autonomy right to be consulted about the use of their corpse or their excised body parts or tissue in teaching, research and commercialisation of biological inventions, and to refuse or to impose conditions. They should not, however, have a right of ultimate ownership in their corpse, body parts or tissue, except for the limited right of personal representatives to gain possession of bodies and body parts of people who have died for burial or cremation if they so wish. That right should not extend to tissue preserved on slides, in paraffin wax or similar format. That tissue should be subject to proprietary interests in favour only of the hospital, research institute, its staff or the people to whom they transfer it. The same rule should apply to bodies or body parts held by a hospital or research institute with the consent of the person concerned, though the bodies or body parts may ultimately have to be returned for burial or cremation. Tissue removed under a statutory requirement without consent, such as for coronial investigation or forensic tests, should be used only for the purposes prescribed by the relevant legislation.
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Трубина, Виолетта, and Violetta Trubina. "PLASMA OF BLOOD: LEGAL STATUS AND TURNOVER THEREOF IN RUSSIAN AND EUROPEAN CIVIL LAW SYSTEMS." Journal of Foreign Legislation and Comparative Law 2, no. 4 (September 5, 2016): 0. http://dx.doi.org/10.12737/21257.
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The shortage of blood plasma medicine in the Russian Federation has made the production of domestic medicine a top priority task of the state. Until recently the blood products were made mainly by state-owned enterprises, nowadays this has become very attractive for privately owned companies. In practice, they have to deal with the ambiguity of the status and transferability of blood plasma at different stages of the medicine production line. Therefore, the issue of legal regulation of plasma as the main raw material for the production of blood medicine has become to be a practical issue. This article attends to the problem of the nature and legal status of human blood plasma from the point of view of currently effective laws of the Russian Federation and European legislation. Special attention is paid to the basic principles applied to the use of human tissues and organs. The author reviews the legal regulation relating to the status of a human body and its organs from the point of view of international legal norms, civil legislation of the EU, Switzerland and the Russian Federation. Also, the author reasons the proprietary nature of the blood plasma as a source for biological medicine, and describes the factors limiting its transferability. The conclusion contains brief description of the legal status of the blood plasma.
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Bogdanov, D. E. "Bioprinting Technology as a Legal Challenge: Determining the Model of Legal Regulation." Lex Russica, no. 6 (July 1, 2019): 80–91. http://dx.doi.org/10.17803/1729-5920.2019.151.6.080-091.
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The technology of 3D printing creates serious challenges to the legal system that in its development is lagging behind scientific and technological progress. The development of 3D printing technology leads to the «digitalization» of objects of the material world when the boundaries between the physical world and the digital space are blurred. If 3D printing digitalizes objects of the material world, bioprinting digitalizes the human body. An individual tends to depend on the digital incarnation of his body or its individual organs in the corresponding electronic 3D models.Bioprinting is aimed at the formation of a new medical paradigm that will result in overcoming the deficiency of human organs and tissues in the field of transplantology. The discovery of the possibility of reprogramming differentiated cells and obtaining induced pluripotent stem cells eliminates the ethical and legal problem associated with the use of stem cells of the embryo. This should be taken into account in the development of a model of legal regulation of relations connected with the creation of bio-print human organs.Bioprint organs are synthetic organs, so the relations associated with their creation and implantation need independent legal regulation. Contemporary transplantology legislation and bans and prohibitions contained in it do not take into account the features of the creation of organs through 3D bioprinting. It is acceptable to commercialize relations in the field of bioprinting, to perform non-gratuitous transactions in this area, as well as to permit limited turnover of «bioprinting» organs subjecting them to the regulation applied to any other objects of civil law. Legislation on biomedical cellular products is also not able to regulate relations related to the creation and implantation of bio-printed human organs. Thus, the need arises to adopt a special legislative act aimed at regulating relations at all stages of the use of bioprinting technology.
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Bravo-Ferrer, Miguel Rodríguez-Piñero, and Miguel Rodríguez-Piñero Royo. "The Principle of Equality in the Labour Market — Reflections on the Spanish Model." International Journal of Comparative Labour Law and Industrial Relations 18, Issue 2 (June 1, 2002): 169–86. http://dx.doi.org/10.54648/5086493.
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The principle of equality is one of the fundamental principles of the modern Spanish legal order. Article 14 of the 1978 Constitution enshrines the equality of all citizens before the law and provides for a general prohibition on discrimination. The interpretation of Article 14 has given rise to a considerable body of case-law in the field of employment. While the Constitutional Court has perhaps been excessively reluctant to use the constitutional power to strike down legislation in this context, it has used Article 14 in a creative way to extend the role of human rights within the employment relationship, tackle control covert forms of discrimination, and address the structural and historical sources of group disadvantage.
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Zimmer, Reingard. "Living wages in international and European law." Transfer: European Review of Labour and Research 25, no. 3 (August 2019): 285–99. http://dx.doi.org/10.1177/1024258919873831.
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A number of countries worldwide provide for a statutory minimum wage. Generally speaking, however, it is not a living wage, although the right to a living wage is guaranteed in a variety of agreements under both international and European law. The Council of Europe’s European Social Charter (ESC), for example, codifies a living wage and, according to the case-law of its supervisory body, the level of 60 per cent of the net average wage is to be taken as the basis for appropriate remuneration. This article argues that the Charter of Fundamental Rights of the European Union also incorporates the right to a living wage, which should be at least 60 per cent of the net average wage. The Charter is legally binding for EU institutions, agencies and other bodies. Member States are bound only to the extent that the material scope of the relevant EU laws has been opened, which is the case when EU law is implemented or when obligations arising out of specific Union legislation are required for the relevant subject area, as will be explained in the article. In purely national situations nevertheless, values laid down in international law have to be observed when interpreting national laws.
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Gerasimenko, Marina Yu, and Dmitry A. Vasiliev. "Opportunities and restrictions in the types of recreational use of forests." Russian Journal of Physiotherapy, Balneology and Rehabilitation 18, no. 3 (March 8, 2021): 172–76. http://dx.doi.org/10.17816/1681-3456-2019-18-3-172-176.
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Forests determine the climate and have a beneficial effect on human health. Depending on the type of plantings, various physiological reactions of the body are observed. There is legislation of the Russian Federation. Providing for the basic rules for the use of green spaces and woodlands for recreational purposes. Forests that are our recreational riches can be used for medical and rehabilitation purposes, for providing health resort assistance and for health-improving purposes. Strict compliance with the law ensures the long-term use of forest land for recreational purposes.
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Pawliczak, Jakub, and Leszek Bosek. "News and Views." European Journal of Health Law 17, no. 4 (2010): 361–83. http://dx.doi.org/10.1163/157180910x516367.
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AbstractThe Act of 6 November 2008 on Patients’ Rights and the Commissioner for Patients’ Rights collect and safeguard patients’ basic rights as well as provide, for the first time in Poland, an original concept for patients’ collective rights. In addition, the new Act stipulates the specific mechanism for protecting patients’ rights by the newly established body called the Commissioner for Patients’ Rights. Polish reform of medical law will undoubtedly contribute to the expected ratification of the Convention on Human Rights and Biomedicine. However, the nature of codified rights is relatively abstract, and the Act cannot be read without reference to legislation related to physicians and health care institutions.
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Iksanov, I. S. "The Role of the European Court of Justice in the Protection of Human Rights and Freedoms." Humanities and Social Sciences. Bulletin of the Financial University 9, no. 3 (December 4, 2019): 73–76. http://dx.doi.org/10.26794/2226-7867-2019-9-3-73-76.
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The article discusses the role of the European Court of Justice, the specifics of its activities, and its goals. The author also touches upon the historical aspect of the development of the European Court. According to the author, the European Court of Justice has had a beneficial effect on the development of the rights granted by Union citizenship. The actions of the European Court of Justice have created new ground for persons with Union citizenship, increasing access to social benefits beyond the rights of economic migrants, for all those who exercise their European rights. The European Court of Justice sought to allow students to travel for their education, looking for new ways to ensure their free movement and learning with funding in the event of unforeseen events. It is essential that the court focuses on three core values so that citizenship does not become a limitation: nondiscrimination, the right to freedom of movement and the right to family life. The European court of human rights is an international judicial body; its jurisdiction extends to all member States of the Union. The main thing for the European Court of Justice is to ensure compliance with and enforcement of the Convention by the States parties. Also, when considering cases, the Court can point to gaps in legislation and issues concerning law enforcement practice, positively influencing law enforcement policy and legal proceedings, and, as a result, contribute to the improvement of the law enforcement system. This article reflects the activities of the European Court of Justice aimed at identifying the problematic aspects of the legislation of the European Union.
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Yao, Li. "Human Rights Legal Support in the Civil Code of the People’s Republic of China in the Context of the Development of New Technologies." Lex Russica, no. 4 (April 24, 2021): 130–41. http://dx.doi.org/10.17803/1729-5920.2021.173.4.130-141.
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The 21st century has seen the development of biotechnologies and artificial intelligence technologies leading to illegal testing of a gene and the introduction of a person’s voice, image, body movements into appropriate electronic procedures, followed by the imitation of a similar human voice, body movements, etc., which can cause a violation of personal rights. Since the establishment of the PRC, four codifications of civil legislation have been carried out: 1954, 1962, 1979 and 2001. However, none of them was implemented for various reasons. In May 28, 2020 for the first time, China has adopted the Civil Code of the People’s Republic of China entering into force on January 1, 2021. The Civil Code of the People’s Republic of China has become the basic law of the market economy in China. It consists of seven parts: "General Part", "Property law", "Contracts", "Personal rights", "Marriage and Family", "Inheritance", "Tort liability" and "Additional provisions". The paper analyzes the features of civil protection of human rights in the new Civil Code of the People’s Republic of China in the era of the development of biotechnology and artificial intelligence. The author examines the provisions on the legal protection of human rights in the illegal occupation of medical and research activities related to human genes, human embryos, and reveals ways to protect the rights to image, voice, privacy and personal information in civil law in violation of personal rights using artificial intelligence technology in China. The author also explains the regime of a preliminary injunction in civil law and ways to find a balance of different personal rights and interests in the Civil Code of the People’s Republic of China.
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Henrico, Radley. "Proselytising the Regulation of Religious Bodies in South Africa: Suppressing Religious Freedom?" Potchefstroom Electronic Law Journal 22 (March 12, 2019): 1–27. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5315.
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In democratic pluralistic and secular societies, freedom of religion is a fundamental right to be enjoyed by all individuals and religious organisations. A unique feature of this human right is the extent to which it is premised on a personal belief. The latter can be "bizarre, illogical or irrational", but nevertheless deserving of protection in the interests of freedom of religion. However, when the expression of a religious belief or practice transgresses the civil or criminal law it must be dealt with in the relevant legislative framework to hold the transgressor liable. Measures taken by the state to regulate religious bodies in terms of a general supervisory council or umbrella body are an unreasonable and unjustifiable interference with freedom of religion, and hence unconstitutional. I am of the view that the right to freedom of religion depends for its constitutional validity – and viability – on there being no interference (or regulation) by the state except in instances as provided for in terms of relevant legislation.
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True-Frost, C. "Listening to Dissonance at the Intersections of International Human Rights Law." Michigan Journal of International Law, no. 43.2 (2022): 361. http://dx.doi.org/10.36642/mjil.43.2.listening.
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Within the United Nations (UN) human rights system, there are ten human rights treaties, each with its own treaty body or “Committee” that claims to offer the most authoritative interpretation of its corresponding treaty. Rather than resolving contests for primacy, this arrangement often generates conflicting interpretations of certain human rights. This Article is the first to shed light on conflicts between treaty bodies’ interpretations within the UN human rights system and to confront the question of how to resolve such conflicts at the intersections of international human rights law. The Article analyzes three case studies of such conflicts: 1) clashing interpretations relating to a child’s right to live with a family; 2) the right to life, reproductive access, and disability-selective abortion; 3) and involuntary detention and the right to liberty and security. These conflicts of interpretation matter to individuals seeking clarification of potential legal claims, as well as to legislators and regulators seeking to draft legislation to comply, or to evade compliance, with human rights standards. This Article then argues that secondary rules of interpretation are unlikely to resolve these conflicts, as they avoid necessary contests of meaning. Even with the uncertainties that enduring conflicts create, they are preferable to rules of resolution favoring uniformity and systemic integration, as the related risk is either the hegemonic elevation of majoritarian interests or the elevation of possibly biased perspectives. This Article thus proposes pragmatic institutional design tools to promote dialogue and engage each conflict in a context-specific fashion. Mitigating the conflicts between treaties in this way will help optimize the object of all international human rights law treaties.
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Harust, Yu V., and S. Yu Kalyta. "The National Police of Ukraine as a component of the domestic law enforcement system." Legal horizons, no. 18 (2019): 61–65. http://dx.doi.org/10.21272/legalhorizons.2019.i18.p61.
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In Ukraine, there are qualitative changes in the reform of law enforcement agencies in order to more effectively ensure the rule of law in the country, protect human rights and freedoms and increase public confidence in these bodies. Undoubtedly, it is important to create a National Police, which plays an important role in the domestic law enforcement system. Since the first days of its operation, the police have received support from citizens, who argue with various sociological surveys, because this law enforcement agency is open enough in its activity, there is contact with the population. The article is devoted to the activity of a component of the domestic law enforcement system – the National Police. The National Police of Ukraine (police) is a central executive body that serves society by ensuring the protection of human rights and freedoms, combating crime, maintaining public safety and order. This topic is very relevant, as the police are a relatively new subject in the law enforcement system and are on their way. The scientific article investigates which regulatory acts regulate the activity of this law enforcement agency, the structure, main tasks of the police are found out on the basis of the current legislation. The structure of the National Police is quite complex and due to the shortcomings in the legislation, there are problems concerning the interaction between the units. The publication examines the procedure for appointing persons to the post of a police officer and identifies the main problems of selecting candidates to the ranks of the National Police. The importance of introducing in the Law of Ukraine “On National Police” the task of the police is emphasized – to provide within the limits specified by the law services for assistance to persons who, for personal, economic, social reasons or due to emergency situations, need such assistance. Some of the shortcomings of the Law of Ukraine “On the National Police” have been identified and suggestions for improvement of this legal action have been proposed. Keywords: law enforcement system, National Police of Ukraine, police tasks, police structure, police officer.
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Chornenka, D. S. "The right to life and the right to health: the fundamental principles of transplantology in constitutional law." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 439–43. http://dx.doi.org/10.33663/2524-017x-2022-13-70.
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The article examines basic human rights. Among the fundamental and inalienable human rights is the right to life. Yes, Art. 27 of the Constitution of Ukraine guarantees everyone an inalienable right to life. It states that no one can be arbitrarily deprived of life. The duty of the state is to protect human life. This right is closely related to human health. It is emphasized that human life depends on the state of its health. Often health is a major component for conservation and prolonged life. Accordingly, organ transplantation, as a way of saving life, is especially important, and therefore the problems of transplanting organs and tissues are drawn by scientists, and not only from the medical sphere. Transplantation of organs and tissues of the human body is one of the most promising and at the same time quite in demand of modern medicine, which has made it possible to treat a number of serious diseases. Transplantation of organs and tissues, as a means of real assistance to patients who need it, has a number of characteristic features that distinguish this method from other medicinal effects. This is due to the presence of a donor-a person who in most cases does not require medical care, as well as problems of moral and ethical and general legal content. These circumstances substantiate the importance and need to regulate public relations in the field of transplantology. It is emphasized that the analysis of the norms in force in this area shows that many issues of transplantation of organs and tissues are either not regulated at all or need to improve legal regulation. The legal aspects of the problem of organ and tissue transplantation are extremely relevant. That is why transplantology as a science of transplanting organs and (or) tissues of a person should be based on the law, which is based on the protection of fundamental rights, freedoms and human dignity of every citizen. From the point of view of ethics, the problem of transplantology differs significantly depending on whether it is about the sampling of organs and tissues for transplanting organs in a living person or from the body of the dead. Solving these ethical problems depends largely on the state of legislation in the state, including constitutional ones. Key words: human rights, right to life, right to health, somatic rights, transplantation, recipient, donor, legal regulation of donation, health care, human body, human body tissues.
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Pankova, O. V. "The Convention for the Protection of Human Rights and Fundamental Freedoms in the System of Sources of Legal Regulation of the Administration of Justice in Administrative Offences." Actual Problems of Russian Law 15, no. 12 (December 30, 2020): 57–64. http://dx.doi.org/10.17803/1994-1471.2020.121.12.057-064.
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The paper presents the author’s view of the problem of interaction between international and national administrative law and attempts to determine the place of the Convention on the Protection of Human Rights and Fundamental Freedoms in the Russian legal system and the administrative and tort legislation of the country. Based on the analysis of different points of view, the conclusion is enunciated that international treaties ratified by the Russian Federation are incorporated into the general body of administrative legislation; and they constitute a source of administrative law in the part in which they contain legal provisions governing the administrative and legal status of citizens, as well as guarantees of its implementation, including guarantees of equitable justice in cases arising from public law relations and administrative and tort cases. In this regards, the author analyzes the provisions of Article 1.1 of the Administrative Code of the Russian Federation, determining the place and role of universally recognized principles and norms of international law and international treaties of the Russian Federation in the system of sources of administrative and tort law—the author refers the Convention for the Protection of Human Rights and Fundamental Freedoms to the sources mentioned above. The paper considers this Convention as an international treaty of the Russian Federation that not only regulates interstate relations, but also actively invades the regulation of procedural administrative responsibility, since it establishes the general parameters of a fair trial in administrative and tort cases. The paper also pays attention to the implementation in the draft Code of Administrative Offences of the Russian Federation and the Procedural Code of the Russian Federation on Administrative Offences of the Constitutional Principle concerning international legal norms in the legal system of the Russian Federation.
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Knobel, J. C. "The Conservation Status of Eagles in South African Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 4 (May 17, 2017): 179. http://dx.doi.org/10.17159/1727-3781/2013/v16i4a2414.
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This contribution is an introductory survey and preliminary evaluation of the conservation status of eagles in South African law. The methodology is primarily an interdisciplinary literature study of legal texts and texts from the natural sciences. Eagles are some of the largest and most powerful avian predators, and the human response to their presence is dualistic and polarised. At the one extreme, many people admire eagles, while at the other extreme they are perceived as a threat to economic and other interests, and may even be actively persecuted in a conviction that they are vermin. This duality in the human perception of eagles is also prevalent in South Africa and complicates their conservation. The mobility of eagles and other birds of prey means that they cannot be restrained by fencing national parks and other protected areas, and this heightens the likelihood of their entering into conflict with human interests. The conservation problems faced by eagles in South Africa can broadly be divided into direct and indirect threats. Direct threats include the intentional killing of eagles, and trade in eagles and their eggs. Indirect threats include non-targeted poisoning (where poisoned bait is used to control other predators, but eagles find the bait, feed on it, and succumb); habitat loss; mortality induced by dangerous structures; and disturbance. The legal status of eagles is influenced by a large body of legislative provisions, ranging from international and regional legal instruments, through national legislation, to provincial legislative measures. An overview of these provisions is given, with concise explanations of how they apply to the legal status of eagles and other birds of prey in South Africa. The conservation status of eagles in South African law is subsequently evaluated by considering the contribution of the applicable laws to three main types of conservation interventions. In respect of the first, habitat preservation, the relevant legal provisions contribute to an impressive array of conserved habitats in national parks and other protected areas. However, the mobility of eagles, and the fact that some species occur mainly outside protected areas, make it imperative for eagles also to be afforded legal protection outside of protected areas. In respect of the second type of intervention, namely management activities to conserve the species in their habitats, an inquiry is made into how the law addresses the threats of the intentional killing of eagles; trade in eagles and their eggs; non-targeted poisoning; mortality induced by dangerous structures; and disturbance. The protection is found to be sound in principle. In respect of the third and most intensive intervention, captive breeding, a regulatory framework is in place, but no such intervention on eagle species is known to be operative in South Africa. In conclusion a number of recommendations are made. The existing laws can be improved by aligning the legal status of species with their Red List status; listing all bird of prey species that are not Critically Endangered, Endangered, or Vulnerable, as Protected for the purpose of national environmental legislation; and, in the medium rather than the short term, considering the imposition of legal obligations on electricity suppliers to implement measures that will mitigate mortalities on electricity structures. Better application of the existing laws could be achieved by improving compliance and enforcement, and by facilitating the optimal use of Biodiversity Management Plans, environmental research, and environmental education.
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TILEY, JOHN. "HUMAN RIGHTS AND TAXPAYERS." Cambridge Law Journal 57, no. 2 (July 1998): 235–73. http://dx.doi.org/10.1017/s0008197398330019.
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Is it really worth having all this fuss and bother about the Human Rights Bill? Over the years the Convention has been interpreted to require United Kingdom courts to change their practices in various ways at the personal level, but what about protecting a person from an unjustified demand for tax? Suppose that the Inland Revenue demands tax from you which the courts later determine to be unlawful because the regulation under which the demand was made was not valid. You were not a party to that litigation but you are clearly within the ambit of the decision supplied by the courts. The Inland Revenue then persuades Parliament to deprive you of the benefit of the decision by retroactive legislation, although leaving the actual party to the litigation with the fruits of that enterprise. Is this the stuff on which the judges at Strasbourg will rush to protect the taxpayer from the State? The answer sadly is no — these judges are not going to risk embarrassing the contracting States by making rights bite where that would be expensive: National Provincial Building Society and others v. United Kingdom [1997] S.T.C. 1466. Of course these judges may fear that contracting States would reduce the powers of the court were they do so such a thing; such a fear would not be irrational since the German and UK Governments proposed that direct tax matters should be removed from the European Court of Justice in the sessions leading to the Treaty of Amsterdam. Perhaps a supra-national body is right to be cautious, but what should our own courts do? Once the Convention is incorporated into our domestic law, will our own judges feel a little more strongly about the matter and perhaps grant a declaration that the legislation is incompatible with the Convention? If they have a right to be incensed about the way in which Parliament protects the Revenue at the expense (literally) of the taxpayer, will they do something or will they just couch like lions under the throne of Parliamentary Sovereignty?
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Ortlieb, Renate, Zijada Rahimić, Christian Hirt, Almina Bešić, and Florian Bieber. "Diversity and equality in Bosnia and Herzegovina." Equality, Diversity and Inclusion: An International Journal 38, no. 7 (September 16, 2019): 763–78. http://dx.doi.org/10.1108/edi-10-2017-0231.
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Purpose The purpose of this paper is to contribute to knowledge about workplace diversity and equality in an under-researched country. Focusing on the south-eastern European transition economy of Bosnia and Herzegovina (BiH), it elaborates on the country’s legislation, public debate and previous research in the field. Design/methodology/approach The paper draws on a synopsis of the legislative framework, existing literature, public media and personal communications with human resource (HR) practitioners. Findings There is only limited research on diversity and equality in BiH. Ethnicity and gender are the most common grounds for discrimination. Although a solid body of legislation addressing anti-discrimination and equality issues exists, implementation is insufficient. The public debate tends to reinforce inter-ethnic conflicts and a negative atmosphere regarding sexual minority rights. Research limitations/implications Due to the general lack of research on diversity and equality in BiH, the findings presented in this paper only can serve as a first approximation of the topic. Further academic research on concrete business practices and perspectives of HR managers is needed. Practical implications Firms not only need to increase compliance with anti-discrimination law, but they should also focus more on the benefits a multi-ethnic society can offer. Originality/value This is the first paper in the management literature that provides comprehensive insight into workplace diversity and equality in BiH.
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Paida, Yu. "SPECIAL FEATURES OF THE STRUCTURE OF THE MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS AND FREEDOMS INUKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 111 (2019): 45–48. http://dx.doi.org/10.17721/1728-2195/2019/4.111-9.
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The components of the mechanism for the protection of human rights in Ukraine are determined on the basis of the analysis of the norms of the Constitution of Ukraine, national legislation, works of modern domestic scientific and theoretical concepts regarding the legal nature of rights and freedoms of man and citizen. Special attention is paid to the mechanism for the protection of human rights as a system of means and factors creating the necessary conditions for respect for human rights and freedoms; the elements that are part of the mechanism for human rightsprotection. It is concluded that in Ukraine, at the legislative level, the structure of those bodies that are part of the mechanism for the protection of human rights and freedoms in Ukraine is clearly defined. The legislation also defines the powers and main responsibilities of each body in the field of the protection of rights of man and citizen. The structure of the mechanism for the protection of human rights and freedoms in Ukraine includes: the President of Ukraine, the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, local state administrations, local self-government bodies, courts of general jurisdiction, the Constitutional Court of Ukraine, the Ombudsman, the prosecutor's office, the advocacy, other law enforcement agencies of Ukraine such as the National Police and Security Service of Ukraine, associations of citizens. Thus, it confirms that in Ukraine there is a branched structure of bodies to protect human rights and freedoms. A significant step in protecting human rights and freedoms is to expand the powers of local governments. It enables the implementation of private interests in the light of the interests of the state and provides additional opportunities for citizens to independently protect their rights and freedoms without appealing for the protection of the violated rights to state bodies. Today, the bodies that protect human rights and freedoms can be conditionally divided into state and non-state, and it is determined by the possibility of state-power influence.
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Jaya, I. Wayan Merta, Anak Agung Sagung Laksmi Dewi, and I. Maoe Hinggu Widyantara. "Akibat Hukum Jual Beli Organ Tubuh Manusia dalam Hukum Positif di Indonesia." Jurnal Konstruksi Hukum 2, no. 3 (September 1, 2021): 661–66. http://dx.doi.org/10.22225/jkh.2.3.3675.661-666.
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Indonesia is a country whose population is located on various islands in various regions, has various backgrounds and different body conditions that make everyone has different conditions. This can be seen from the use of advances in science and technology as a solution in solving health problems which include treatment or healing of disease, recovery, care and health services. The purpose of this study is to determine the legal arrangements regarding the sale and purchase of human organs in positive law in Indonesia and criminal sanctions for perpetrators who buy and sell human organs in Indonesia. This study uses an empirical method using a statutory approach in analyzing and reviewing the research. The results showed that. The results of the study explain that the application of the law regarding the provisions of the legislation governing the sale and purchase of human organs has not been maximally implemented by law enforcement officers. Transparency of organs is still a pro and con on the one hand, this work can save a person's life, but on the other hand, a person can be penalized for transparency, which is different from other countries that allow someone to carry out organ transactions to save someone's life
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Peiris, G. L. "Legal protection of human rights: the contemporary Canadian experience." Legal Studies 5, no. 3 (November 1985): 261–95. http://dx.doi.org/10.1111/j.1748-121x.1985.tb00327.x.
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The incorporation of the Charter of Rights and Freedoms in the Constitution Act, 1982, marks a decisive development in the legal entrenchment of human rights in Canada. This contemporary experiment in the protection of fundamental rights by the constitutional limitation of legislative power, and in particular the social priorities established by the Charter and the delicate balancing of interests and values inherent in its provisions, offer useful insights into the viability of mechanisms associated with an enforceable bill of rights within the framework of a modern federal state. Of even greater interest, in the context of multi-racial and multi-religious communities in the modern Commonwealth, is the recent body of case law in the shaping of which Canadian judges have shown perception in imparting effectiveness to guarantees embodied in the Charter, while being acutely aware of the risk of exacerbating tensions with the legislative and administrative organs of government.
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Paustovskaya, Natalia, and Dmitrii Popushoi. "LEGAL BASES OF SOME FORMS OF THE INTERNATIONAL LEGAL COOPERATION IN THE SPHERE OF CRIMINAL PROCEDURE OF THE REPUBLIC OF MOLDOVA." Social Legal Studios 10, no. 4 (December 25, 2020): 80–86. http://dx.doi.org/10.32518/2617-4162-2020-4-80-86.
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This article concerns on forms of international procedural cooperation of Republic of Moldova as an actual modern problem. It has been noted that scale of organized crime, terrorism, illegal drug and arms trafficking, illegal migration, human trafficking and other crimes compel different states to unify their efforts in counteracting these crossborder phenomena by creating organizational mechanisms of interaction. International legal aspects of crime counteraction, in particular the UN Convention against Transnational Organized Crime, the European Convention on Mutual Assistance in Criminal Matters and Additional Protocols to it have been studied. It has been specified that foreign countries legislation uses most advanced mechanisms of mutual legal assistance for a long time, but institute of joint search groups is a relatively new form for criminal procedural legislation of Republic of Moldova. An attention to amendments to criminal procedural legislation concerning implementation of the institute of joint search groups has been devoted. It has been acknowledged that according to legislation of Republic of Moldova a request on forming of joint search group could be sent by any engaged state. Such group is to be created in any state where criminal persecution needs to be enforced. There is certain information to be included in such request: law enforcement body which requested, the request�s subject and grounds, data on persecuted person and his full name, nationality, address, if necessary � suggestions on group membership. Signing of the Police Cooperation Convention for Southeast Europe by Moldova facilitated implementation of cross-border surveillance institute which comprises procedural action to be conducted when representatives of one country�s law enforcement body are keeping under surveillance during criminal persecution in another country a person, suspected in participation of the crime which envisaged extradition, or a person who is reasonably believed to be helpful in identification or establishing whereabouts of the aforementioned person, and has the right to continue such surveillance in Republic of Moldova according to legal assistance request submitted previously. It has been substantiated that international cooperation in crime combating is based on legal assistance providing and aimed at expansion of the quantity of countries which are contracting parties of such cooperation agreements.
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Yakovlenko, M. S. "The doctrine on the principles of social security law: the contribution of the kharkiv school of law." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 411–15. http://dx.doi.org/10.24144/2307-3322.2021.65.74.
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In Ukraine, as a social and legal state, a person, his life and health, honor and dignity, inviolability and security are recognized as the highest social value. Human rights and freedoms and their guarantees determine the content and direction of the state and its bodies. The right to social security is one of the fundamental rights and freedoms. This right is one of the natural human rights, which is due to the course of human development in society.The principles of social security play an important role in the formation and development of social security. They serve as a basis for combining individual legal norms into a single logical system, make it possible to distinguish specific features of the relevant industry, provide an opportunity to carefully and meaningfully understand the meaning of a particular rule relating to social security, and determine the general direction and main trends. Such principles help to properly understand the essence of social security legislation and its relationship with the economy, social policy, legal awareness of citizens, are the basis for the interpretation of legal norms, especially in cases where regulations contain contradictions.The article analyzes the scientific principles on the development of doctrine on the principles of the right to social security as a social and legal basis embodied in social security law. The concepts, classification and meaning of the principles of social security law are clarified. The essence of such an important category as the principle of social security law is defined. The opinions of scientists who have studied this issue in their scientific works are analyzed.The principle of social security law answers the question: how, on what basis is the legal regulation of social security, which scientific ideas underlie it. They express, on the one hand, the laws of law, and on the other - act as guidelines for the rule-making body in the development and adoption of regulations. Principles are the link between the basic laws of development and functioning of society and the legal system.
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Chernolutsky, R. V. "CONSTITUTIONAL COMPLAINT AS A NEW INSTITUTE OF CONSTITUTIONAL LAW OF UKRAINE." Соціальний Калейдоскоп 1, no. 3 (June 20, 2020): 25–33. http://dx.doi.org/10.47567/bomivit.1-3.2020.03.
Full textAbstract:
The article is devoted to the analysis of the institute of constitutional complaint as a new mechanism of protection of human rights and freedoms for Ukrainian practice. The significance of the constitutional complaint as a new institution of the constitutional law of Ukraine lies in two aspects. First, it is an important additional mechanism (means) to protect individual rights and freedoms. This increases the impact of law on public relations, and the state strengthens its status as a legal entity. This also strengthens the applicability of the rule of law as one of the fundamental principles of law. Secondly, the importance of the constitutional complaint as a separate institution is related to the functioning of the Constitutional Court of Ukraine, which is legally called to ensure the supremacy of the Constitution of Ukraine. A person's appeal to a body of constitutional jurisdiction with a complaint emphasizes the closeness of the entire judicial system to a person, as well as the desire of the state to properly protect his rights. Thus, at the individual (complainant) level, the constitutional complaint increases the importance of the rule of law (due to the protection of human rights and freedoms), and at the public level (constitutional jurisdiction) - promotes the rule of law as the foundation of the entire legal system. The author reviews the current legislation in this area of relations, focuses on the features of the constitutional complaint and aspects of its significance, as well as clarifies some problematic aspects of its implementation in Ukraine. It was noted that due to this the function of protection of human rights by the Constitutional Court of Ukraine will be more effectively and fully implemented.
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Halushko, O. I. "Decent level of persons’ social security in Ukraine: problems of legislative conceptual apparatus." Uzhhorod National University Herald. Series: Law 2, no. 73 (December 15, 2022): 12–17. http://dx.doi.org/10.24144/2307-3322.2022.73.33.
Full textAbstract:
The article concerns research of problematic issues of conceptual apparatus of the legislation of Ukraine on state social standards and social guarantees in the context of the effectiveness of the realization of the person's right to a decent level of social security. The author reveals the meaning of such notions as: state social standards; social norms; social guarantees; the main state social guarantees; other state social guarantees; social guarantees of support on the basis of the analysis of the constitutional norms, current legislation of Ukraine and practice of the Constitutional Court of Ukraine. The author justifies the necessity to reform legislation that regulates establishment and application of state social guarantees in Ukraine by using formal-logical and comparative methods for clarifying the consistency of legal norms. The problem of the insurance of ensuring the uniformity of the content and scope of the concept of "social guarantees", as well as correlated legislative concepts is emphasized in the article. Researching of the targeted use of state social guarantees in the mechanism of realizing the person's right to decent living conditions, contributed to the conclusion of the need to consolidate the definition of "the main source of human existence" in the Law of Ukraine "On State Social Standards and State Social Guarantees". The author clarifies that the notion “social benefits”, which is used in the laws of Ukraine, acts of the body of constitutional jurisdiction, by-laws, reports of ministries, is different in essence and content. Current national legislation does not contain unified definition and the list of “social benefits”. This has a negative impact on the mechanism of ensuring decent living conditions of a person by means of social protection. The author emphasizes that the definition “vulnerable categories of people” refers to those persons who are in difficult life circumstances and have the right to social services, and therefore cannot be used, especially in the decisions of the Constitutional Court of Ukraine, to denote all subjects of the right to social security.
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Шерстобоев, Олег, and Oleg Sherstoboev. "The Doctrine of Proper Judicial Protection in Administrative Law (on the Example of Expulsion of Foreign Nationals)." Journal of Russian Law 2, no. 2 (January 20, 2014): 68–79. http://dx.doi.org/10.12737/2241.
Full textAbstract:
Proper judicial protection is an aggregate of legal norms, principles, doctrines that allow maximum guarantee for fair treatment of an administrative dispute, in particular, relating to expulsion of foreign nationals. Among basic means that guarantee a proper settlement of a dispute, one can name the right to appeal the act of public administration, the right to independence of a body, considering the case, the right to qualified legal assistance, competition, completeness of supervision. The author of the article reviews standings of the European Court of Human Rights, as well as the legislation and practice of the USA, Great Britain, Germany and Russia on the issue of judicial protection of foreign nationals, deported from their territory. As a result of the analysis, the author outlines three models of the provided judicial protection: limited, selective and complete. Each model has its pluses and minuses, but from a theoretical point of view the best variant is a complete model of judicial protection.
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Kalyniuk, Natalia Mykolayvna. "Realization of the human right to education in quarantine conditions: Ukrainian realities." Engineering and Educational Technologies 8, no. 4 (December 30, 2020): 8–18. http://dx.doi.org/10.30929/2307-9770.2020.08.04.01.
Full textAbstract:
It is substantiated that one of the effective ways to protect human and civil rights in Ukraine is a synergistic combination of mechanisms of state power to protect these rights and freedoms. The article is devoted to the problem of realization by a person of the constitutional right to education in the conditions of quarantine restrictions. In general, the current legislation on protection of the population from infectious diseases is not properly applied in Ukraine. It is emphasized that the availability of education as a constitutional guarantee of the realization of the right to education on the principles of equality defined by Art. 24 of the Constitution of Ukraine is that no one can be deprived of the right to education, and the state must create opportunities for the exercise of this right. The problematic aspects of the implementation of the constitutional right to education in the conditions of quarantine established in the state and the approved anti-epidemic measures for the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2 are considered. The shortcomings of the current legislation regulating the implementation of the individual and the right to education in the context of the COVID-19 pandemic are highlighted. It is established that the legal grounds for the introduction of an emergency situation in Ukraine are the Law of Ukraine "On Ensuring the Sanitary and Epidemic Welfare of the Population" and the Law of Ukraine "On Protection of the Population from Infectious Diseases". However, neither the Law of Ukraine "On Ensuring the Sanitary and Epidemic Welfare of the Population" nor the Law of Ukraine "On Protection of the Population from Infectious Diseases" can provide the Cabinet of Ministers of Ukraine with restrictions on constitutional rights and freedoms under Article 64 of the Constitution. restrictions only in case of martial law or state of emergency. The mechanisms of realization by a person of the constitutional right to education in the conditions of established quarantine restrictions are clarified. Distance learning has been studied as the only possible alternative to the usual mode of attending secondary schools. It is proved that currently in schools there is no opportunity, time, funds for the organization of system and technical support of distance learning, therefore, the only possible form of education is to visit schools in the usual way. In addition, we draw your attention to the fact that before the beginning of the school year, education authorities at both regional and regional levels, local governments, which under current law are required to comply with the orders of the executive body implementing policy in the field of protection health in the context of preventing the spread of infectious diseases and the application of anti-epidemic measures, checking the readiness of educational institutions to work in quarantine realities. Schools are sufficiently provided with individual and collective protection. This allows them to operate and provide educational services to students.
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Laforet, Andrea. "Good intentions and the public good." Ethnologies 36, no. 1-2 (October 12, 2016): 235–57. http://dx.doi.org/10.7202/1037608ar.
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For more than one hundred years Canada’s national museum of human history, called, successively, the National Museum of Canada, the National Museum of Man, the Canadian Museum of Civilization, and, most recently, the Canadian Museum of History, has documented and assembled a record of intangible cultural heritage relating to various cultural groups. Originally collected and currently preserved under legislative mandates resting on broad assumptions about the public interest, this material includes a substantial body of narrative, song and information relating to both past and contemporary cultural practice of societies indigenous to Canada. This paper explores the issues for concepts of nationhood, knowledge and the public interest raised by the contractual agreements, legislation on topics ranging from copyright to family law, treaty negotiations between Aboriginal people and the Government of Canada, and consultation concerning different cultural definitions of property and the sacred that affect day-to-day access to and use of Aboriginal intangible heritage in the museum. Finally, the paper explores potential issues for the continuation of this work raised by the museum’s narrowing of focus and mandate as it changes from the Canadian Museum of Civilization to the Canadian Museum of History.
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Filipova, Irina A. "Neurotechnologies: Development, practical application and regulation." Vestnik of Saint Petersburg University. Law 12, no. 3 (2021): 502–21. http://dx.doi.org/10.21638/spbu14.2021.302.
Full textAbstract:
Neurotechnology is one of the groups of technologies called disruptive or cross-cutting digital technologies. The spread of these technologies in many sectors of the economy can radically change human society. The state contributes to the development of technology when it implements strategic development programs and creates special legislation. The lack of regulation is an obstacle to the development and dissemination of this technology in practice. Therefore, the regulation of artificial intelligence technologies is actively created in the modern world. The law practically does not regulate other cross-cutting technologies, including neurotechnologies. The uncertainty of the further development of technologies and the impossibility of accurate forecasting of development explain the lack of regulation. At the same time, neurotechnologies are increasingly used in practice (neural implants, neural interfaces). According to experts, the pace of development of neurotechnologies in the next decade will lead to an explosive increase in their distribution in society. The subject of research in this article is the study of the need for the creation of special regulation. The objectives of the study include the analysis of risks associated with the development of neurotechnologies and the substantiation of opportunities to eliminate risks through legal regulation. Methods of system analysis, abstraction, legal modelling, the formal-logical method and the comparativelegal method are used in this study. The result of the work includes a greater likelihood of the future integration of the human body and artificial intelligence into a single system due to the development of neurotechnologies, which will require a rethinking of some personal and socio-economic human rights.
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Chotalia, Shirish P. "Sexual Harassment Laws in Canada." International Journal of Discrimination and the Law 7, no. 1-4 (September 2005): 199–227. http://dx.doi.org/10.1177/135822910500700408.
Full textAbstract:
This paper analyses the law of sexual harassment in Canada, including the notion of the ‘reasonable woman’, indicating a broad legislative coverage. However, despite the recognition of a clear human rights base and the quasi-constitutional character bestowed on the law by the courts, awards remain low and a compelling and consistent body of supportive jurisprudence is yet to emerge.