Academic literature on the topic 'Human rights, justice, and ethical issues'

Background: Ambulance professionals often address conflicts between ethical values. As individuals’ values represent basic convictions of what is right or good and motivate behaviour, research is needed to understand their value profiles. Objectives: To translate and adapt the Managerial Values Profile to Spanish and Swedish, and measure the presence of utilitarianism, moral rights and/or social justice in ambulance professionals’ value profiles in Spain and Sweden. Methods: The instrument was translated and culturally adapted. A content validity index was calculated. Pilot tests were carried out with 46 participants. Ethical considerations: This study conforms to the ethical principles for research involving human subjects and adheres to national laws and regulations concerning informed consent and confidentiality. Findings: Spanish professionals favoured justice and Swedish professionals’ rights in their ambulance organizations. Both countries favoured utilitarianism least. Gender differences across countries showed that males favoured rights. Spanish female professionals favoured justice most strongly of all. Discussion: Swedes favour rights while Spaniards favour justice. Both contexts scored low on utilitarianism focusing on total population effect, preferring the opposite, individualized approach of the rights and justice perspectives. Organizational investment in a utilitarian perspective might jeopardize ambulance professionals’ moral right to make individual assessments based on the needs of the patient at hand. Utilitarianism and a caring ethos appear as stark opposites. However, a caring ethos in its turn might well involve unreasonable demands on the individual carer’s professional role. Since both the justice and rights perspectives portrayed in the survey mainly concern relationship to the organization and peers within the organization, this relationship might at worst be given priority over the equal treatment and moral rights of the patient. Conclusion: A balanced view on ethical perspectives is needed to make professionals observant and ready to act optimally – especially if these perspectives are used in patient care. Research is needed to clarify how justice and rights are prioritized by ambulance services and whether or not these organization-related values are also implemented in patient care.

This research explores and analyses whether online courts perform a judicial function in accordance with the right to a fair trial and the right to fair and secure user’s personal data protection to all groups in society. By adopting a descriptive and critical approach, the author analyses the main operating principles of online courts and legal and ethical issues that may occur in designing and implementing online courts in conjunction with these rights. The result of this research shows that online courts provide greater access to justice to society and they would satisfy the needs of modern society with technological knowledge. At the same time they do not provide access to the most vulnerable groups that may not have or have limited internet access, or have not enough technological and legal knowledge, as a result of not ensuring equal access to justice to all groups in society. Taking into account that online courts perform a judicial function in the traditional court sense, they are bound by Article 6 (1) of the European Convention on Human Rights and the principles of personal data of the General Data Protection Regulation, but at present they cannot ensure their observance in relation to an open, transparent and impartial trial, as a result of a partial violation of the rights enshrined in these norms.

AbstractA rights-based approach to the environmental issues has been gaining momentum since the United Nations’ Environmental Agency proposed a new rights-based agenda for sustainable development in the document,Transforming our world: The 2030 Agenda for Sustainable Development(UN, 2015). Our moral responsibility toward the environment is essential to the project of sustainable development. The Kantian ethical tradition lays the foundations of a rights-based approach to human rights and sustainable development. Human rights are essential to the flourishing of all human beings regardless of their nationality or another status. Linking human rights to environmental justice has been an arduous task, but contemporary environmental ethicists argue that giving a human face to the environment that nurtures and sustains us is a precondition for sustainable development. The concept of sustainability addresses the issue of economic growth at present and how this impacts the future generations. This paper examines the rights-based environmental ethics, which has emerged in the context of a human rights-based approach to human development and forges a link between rights-based ethics and sustainable development that could establish a solid foundation for environmental justice.

AbstractRecent advances in molecular pathology and molecular genetics have created new concerns about the use of human biologic materials in research. Since researchers now have the ability to extract and amplify DNA from minuscule archived samples, virtually any human tissue sample can potentially become the template for a test that provides information that may relate to the inherited genes of an individual. Researchers using human biologic materials should follow the 3 basic principles that have been defined for all ethical human subjects research: respect for persons, beneficence, and justice. Institutional Review Boards are responsible for providing review of the risks and benefits of research proposals to safeguard the rights and welfare of human subjects. Currently, there is considerable debate concerning the role of informed consent procedures and the Institutional Review Board oversight process in situations when researchers use human biologic materials that have been anonymized or coded. In 1999, the National Bioethics Advisory Commission is expected to make recommendations to President Clinton and the National Science and Technology Council that are expected to clarify the balance between respect for personal autonomy and the societal need to pursue biomedical research to improve the health and welfare of all individuals.

Social work and counseling practitioners routinely provide services to clients of diverse cultural backgrounds. Multidimensional issues related to human diversity, social justice and human rights often prevent practitioners from providing competent and effective services to all populations. It is vital that these professionals focus on individual leadership development from a multicultural social justice perspective. The concept of social justice challenges existing structures and when paired with the human rights paradigm can significantly impact competent and ethical service delivery and practice. A focus on professional development among students, new professionals, and experienced practitioners can aid individuals in implementing human rights and social justice strategies within individual practice, organizations and communities.

Many ethical concerns revolve around the four basic principles of research: merit and integrity, respect for human beings, weighting of risk–benefit and justice. These principles form the basis for any discussion concerning human research ethics and are applicable to all areas of research including acupuncture and Chinese herbal medicine. World Health Organisation document,Guidelines for Clinical Research on Acupuncture, states that ‘consideration should be given to the different value systems that are involved in human rights such as social, cultural and historical issues’ and that ‘further studies should be conducted in relation to ethical issues involved in clinical research on acupuncture’. In addition to outlining the four basic principles, this paper will also examine the effect of Asian culture on Western human research ethics and how this may impact upon issues such as informed consent and weighting of risk–benefit.

The aim of this study was to develop an Administrative Ethical Behaviour Scale (AEBS) and to determine whether nurses found their head nurses’ behaviours ethical and to reveal head nurses’ ethical and unethical administrative behaviour. It was conducted on 264 nurses working in five state hospitals in Trabzon, Turkey. Content validity index of the scale was 0.87, item-to-total correlations ranged from 0.50 to 0.81 and Chronbach Alpha was 0.98. The scale included five subscales, i.e. truthfulness and honesty, liabilities and supremacy of laws, rights and freedom, good human relationships and humanism, justice and equality. Overall, head nurses’ behaviour was considered ethical by nurses; however, their behaviour in terms of justice and equality, good human relationships and humanism was not found ethical. Positions, satisfaction with head nurses’ behaviour and frequency of contact with them affect nurses’ opinions.

AbstractAfter outlining his experience in the world of bioethics, the author draws on his role in the UNESCO International Bioethics Committee to explain the new Universal Declaration of Bioethics, adopted by UNESCO in 2005. He describes it as the first global attempt to reconcile the differing sources of bioethical principles: health-care practice and experience and universal human rights. Whilst collecting, and accepting, some criticism of the text of the Declaration, the author sees its chief values as lying in the wider ethical issues that it reflected of concern to the community, the world and biosphere as well as in the adjustment of health-care approaches for consistency with the growing impact of universal human rights law. Whilst acknowledging the differing social experiences of people in different regions of the world, he invokes Amartya Sen to cast doubt on the notion of specific ‘Asian values’, whether in bioethics or human rights.

ABSTRACTEthics is the Science of morals in human conduct. However, ethics and morals are not same. The ethics is based on certain principles, which include 'Respect for Person and Justice'. This principle is not in total conformity with Hippocratic tradition, where Physician is given a 'Position of Paternalism'. The basic idea of 'justice' is that all human beings are equally valuable. Similarly, the principle of liberty is the right to self determination but what is the use of this right that can not be fulfilled. These basic principles are evolving and are constantly posing problems in every health care institution and are a challenge to every Physician.

Several political issues are presumed having a relationship with the ethical values such as the problems of authority and its distribution, the application of laws, human rights, women emancipation, social justice, the distribution of national wealth, economics justice, and etc. These problems show us the importance of ethical reference to polish the political countenance as well as to straighten up the political manoeuvres that are often full of intrigues, arrogance, and tyranny. The transmission concept from ethics to the political order that has ever been stated by Aristotle (384-322 B.C.) in his book “Politea” on political matters, and his “Nicomachean” on moral issues is presumed inspiring the philosophers both in the West and in the East. This article elaborates Muhammad 'Abid Al Jabiri's thought (1936-…), a Muslim thinker from Morocco who classifies ethical values that are transmitted into political order in the Muslim World consisting of four main variants; (1) subservience ethics, an ethical system that is inherited by Persian sultanate; (2) happiness ethics, an ethical system of Greece; (3) transitory ethics, an ethical system developed by Sufi order; and (4) Muru'ah ethics, an ethical system developed in the Arabian World. According to al-Jabiri, these all four systems still left the important matters dealing with the claim of progressive and futuristic -oriented human dynamics. Therefore, al-Jabiri proposed a recommendation for Arabian and Islamic world in order to exceed such ethical systems and to side with the pious deed ethics and profit that became their tendency.

My aim is to demonstrate that professionals perceive they have a right to refuse to provide their services and are currently acting accordingly. This thesis explores whether a professional right to refuse services exists; if so, the limits of this right; and whether a professional 'right' to refuse services ought to exist and in what circumstances. This requires analysis of whether refusals to provide professional services might be considered unethical conduct according to existing codes of ethics and moral theories, unprofessional conduct within the norms of professional regulatory and disciplinary bodies, or illegal conduct according to Canadian law, in particular, human rights law. The issues are examined primarily with reference to physicians who treat patients and some comparisons are made with physician clinical researchers and lawyers. The shift from a duty-based system of professional service to a rights-based system of professional privileges has led to conflicting goals of professional self-regulation, and some possible resolutions to this conflict are explored.

The meaning that Justice has after a conflict in a society might vary regarding the political development and cultural and shared values of a certain society.

Rawls, in his Theory of Justice gives his idea of what justice is and presents two principles of justice that he argues are required to live in a good society: a first principle that secures equal rights and liberties for all individuals and a second egalitarian principle that restrains the consequences of economic inequalities within societies. He also introduces the concept of “overlapping consensus” which I will use regarding the idea of Reconciliation, at the end of this paper.

In the cases presented in this paper (i.e. Argentina and South Africa), essential human rights were violated, therefore wrongdoers made the society unjust.

The aim of this thesis is to elucidate the conditions that are necessary to re-establish justice when a society goes through a conflict. I will introduce some ideas concerning that issue: ideas of retribution, reparation and reconciliation. These are seen as different paths for several countries when trying to tackle to the matter of achieving justice.

In my view, this question can be answered appealing first to an intuitive conception of moral justice that may exist at an individual and collective level, as well.

The ethical dilemmas both levels have are in relation to the harm done, punishments and how to balance them, limiting, for instance, the punishment in order to accomplish a just and a better society. I will also present how shared values can result from a process of reconciliation, which is considered as the ideal alternative to achieve justice.

However, when the equilibrium between members of a community is broken, some people claim that punishment can restore that lost equilibrium that existed before in the community.

Nevertheless, peace, reconciliation and justice cannot be constructed under the basis of silence. One way to keep memory alive is to let survivors, for instance, narrate what they have lived through; telling stories also creates a new space to share with others their experiences, revealing their fears and emotions. Regarding this theme, I will present the NUNCA MAS (Never Again) report, which is fundamental as it gives some testimonies, facts and proposals that will help to reach a consensus and therefore, future reconciliations.

Why is important to achieve justice? Because then members of a certain community will be able to interact in the present with common shared values and thus, deal with the past.

Not to consider reconciliation as one important step to achieve justice, and only think in terms of punishment, instead of giving way to peace and justice, could perhaps promote the possibility of further conflicts. To consider both punishment and reconciliation might just be one possible blueprint in the long and difficult way of searching for a just society.

This thesis is concerned with determining whether South African mental health law and its application in practice is in need of reform. In order to reach its objectives, the thesis measures mental health legislation and criminal law that affect the mentally ill individual or offender against international and local human rights standards, and generally accepted principles and scientific principles applicable in the mental health profession. Particular focus is placed on the admission of a mentally ill person as a voluntary, assisted or involuntary mental health care user, State Patient or mentally disordered prisoner in terms of the Mental Health Care Act 17 of 2002 (?MHCA?), as well a critical review of the MHCA forms used to translate the Act?s provisions into practice. The thesis critically discusses the regulation of mental health care practitioners in terms of the Health Professions Act 56 of 1974, including psychology and psychiatry and the expert witness, and the new Traditional Health Practitioners Act 22 of 2007 and its regulations. An outline of the role of the National Health Act 61 of 2003 in the administration of the health system is provided.The thesis analyses the manners in which mental health affects criminal liability, and Chapter 13 of the Criminal Procedure Act 51 of 1977. Finally a desktop study into the current state of mental health care provision and the implementation of legislation in practice is conducted, followed by conclusions and recommendations for reform to legislation, policy, and the MHCA forms where anomalies have been identified.
Thesis (LLD)--University of Pretoria, 2016.
Public Law
LLD
Unrestricted

The purpose of this study is to seek to an answer to the question of what constitutes a tenable model for global ethics. This is done in part by a critical engagement with four different models of global ethics; two proposals from political philosophy and two contributions from theological ethics. The models analyzed in the study are: (1) the capabilities approach as developed by Martha Nussbaum, (2) Seyla Benhabib’s discourse ethics and model of cosmopolitan federalism, (3) David Hollenbach’s model of the common good and human rights, and (4) the model for responsibility ethics and theological humanism as developed by William Schweiker. These models contain different understandings of global justice, human rights, and sustainable development. The study works with six primary problems: (1) Which are the main moral problems associated with different processes of globalization? (2) What should be the response to these problems, in the form of a normative ethical model? (3) What is the relation between global ethics and universalism? (4) What kind of institutional vision for the international arena does a tenable global ethic promote? (5) Given the human diversity and global pluralism, what would be a reasonable view of the human being included in a global ethic? (6) What kind of ethical theory is sustainable for global ethical reflection? These questions also form the basis for the analysis of the models. The study uses a set of criteria in order to assess the answers that the models offer for these questions. These criteria also constitute the framework within which the author’s contribution to the discussion of global ethics is phrased. The criteria are founded on an idea of what characterizes global ethical reflection. The contention is that a tenable global ethic should be relevant, and it should also be related to a reasonable view of human beings and a plausible ethical theory. Together these support the criterion of communicability, which argues that a global ethic should above all be communicable, i.e. capable of enabling cross-cultural communication. A central argument which this study makes is that a kind of ethical contextualism is more reasonable than an epistemological universalism.

Research problem: This research focused on the following problem statement: What management strategies can be developed and used to advance effective social justice practice in schools? Research aims: Arising from the problem question, the research aims were firstly to determine theoretically, the nature of social justice (Chapter Two) and secondly to identify and analyse theoretically, the determinants that contribute to social justice practices (Chapter Three). This was done by means of a comprehensive literature review. The third aim was to qualitatively analyse effective social justice praxis in selected schools in the North-West and Western Cape Provinces (Chapter Four and Five). From the analysis and literature review, management strategies for effective social justice practice in schools (Chapter Six) were developed as part of the empirical investigation. Research methodology: The empirical investigation realised the third aim, to analyse qualitatively effective social justice praxis in selected schools by means of individual and focus group interviews which were based on the philosophical paradigm of a constructivist-grounded theory and a hermeneutic, phenomenological methodology that enabled me to listen and be part of the discursive portrayals of the participant-principals’ effective social justice praxis. The qualitative data collection and methodology entailed considerations with regard to ethical conduct between myself and the role-players, i.e. the researcher, the Ethics Committee (NWU Faculty of Education Sciences), the role of departmental officials, the role of participant principals, and documentation used. Attention was paid to determine the target population, participant and sample selection from the North-West and Western Cape provinces in accordance with predetermined criteria. These criteria were, inter alia, that these principals would: have a proven track record to demonstrate an understanding of the concept of justice and social justice; would adhere to and implement legal determinants of social justice praxis with regard to the constitutional values and human rights; provide proven evidence of social justice praxis as equality, human dignity and freedom; implement political imperatives such as the Manifesto on Values, Education for All; acknowledge the need for fair distribution and educational transformation; provide a moral basis for recognition, identity formation and social justice praxis; apply a deliberative democratic praxis; promote accountability, school achievement, and as prospective and transformative leaders believe in and practice an embracing social justice. The researcher prepared the necessary documentation, the interview protocol and interview schedule to enter the field, as well as entering the field of research (principals at schools and district offices) to conduct and record the interviews which she afterwards transcribed. The method of qualitative data analysis included three phases: Phase I that considered the first hearing-reading, Atlas.ti™ dry-run and initial code-lists; Phase II, the translation processes, and Phase III, the abstraction and crystallisation processes. The criteria for soundness were established in the account of authentic validity and credibility of the study. The collected qualitative data was analysed by means of the Atlas.ti™ software programme as a result of which seven themes and three sub-themes for each theme emerged. These themes were the principal and social justice praxis, learners, education in general, constitutional values, educational partners, the government and political establishments, and social justice: its ontology and praxis. Development of management strategies: Education is about understanding and this study presented those management strategies that culminated in answers to the fundamental question: “What management strategies can be developed and used to advance effective social justice practice in schools?” The development of management strategies are the result of the literature review and the empirical investigation. The strategy development process consisted of a three-phase strategy framework: strategy planning (aims and objectives), strategy implementation (action plan and persons), and strategy evaluation. From this process, seven aims were developed in accordance with the seven identified themes: the principal, the learners, education in general, Constitutional values, partners in education, government, political and union matters, and the ontology and praxis of social justice. These management strategies include inter alia: • Optimising the school principal’s virtues of responsibility, authenticity and presence as gemeinschaft (community) relationships to ensure effective social justice praxis (§5.2). • Inculcate a disciplined school environment for learners to embrace human diversity and dignity, democracy, and Ubuntu-principles (§5.3) to optimise effective social justice praxis. • Influence education in general - system and structures - to optimise effective social justice praxis (§5.4). • Foster constitutional values and human rights as effective social justice praxis (§5.5). • Establish a social justice culture amongst educational partners who are essential to school development and governance to optimise effective social justice praxis (§5.6). • Convince government and union officials and influence political matters to serve the best interest of the child (§5.7) to ensure social justice praxis. • Actualise management strategies for social justice praxis that epitomise compassion, love, care and human rights in a participative and respectful environment (§5.8). • These management strategies were described as techniques or aims, objectives and action steps to provide answers to the questions where and how, which determined on which level or levels these strategies were to be performed. Main findings: • At a conceptual and a theoretical level: Conceptually and theoretically this study established, for the first time, specific determinants of social justice praxis (Chapters Two and Three) and its management. This contribution is found in the syntheses that followed each conceptual discussion of justice (§2.2.7) and social justice (§2.3.4), as well as the syntheses and evaluation of these determinants (§3.2-§3.4) for social justice praxis. These determinants may be regarded as an attempt at purified, cleansed theorising with respect to social justice praxis. This study found that social justice does exist in the hearts of the principals who took part in this study and that social justice belongs to all learners, to all of humanity, whoever they are or whatever their circumstances may be. Social justice is, essentially, embodied and lived love-in-practice towards all. However, the effectiveness of social justice praxis is usually determined by pragmatic circumstances that dictate the scale and scope of its efficacy. This study found that social justice praxis in schools should deviate from a mere legalistic or juridical notion because it progressed beyond the conceptual boundaries and theoretical limits of juristic thinking towards an attempt at linking social justice praxis to a humanising pedagogy. As a consequence, social justice in this research cuts across all man-made barriers: it has become a prospective notion that reflects its restorative and transformational nature and role. • At a strategic level: Strategically, this research found that the possibility of various cycles of action research in schools as well as in higher education institutions exists. The seven themes could be viewed in isolation, but if regarded, as found in this research, as seven levels that build upon each other and whose strengths or weaknesses are interdependent, it becomes self-evident that social justice forms the basis of cohesive and holistic social justice praxis. The seven strategies (§5.2-§5.8) developed in this research may, in future, inform research and praxis in schools and higher learning institutions in order to confirm or refute the theory presented herewith. • At policy-making level: This study has implications for policy design and management development, not only at basic education level, but also at national level. This study found that social justice specifically, has neither adequately, nor officially been addressed in relevant policies. If policy amendments were to be made and management strategies for social justice praxis in schools become an essential part of national policy, it will have implications at the level of further professional development of school principals, such as the current ACE School Leadership Programme. In addition, teachers’ in-service professional development will have to include these management strategies in the offering of short courses. Furthermore curriculum changes will have to follow to incorporate pre-service or initial training programmes of Higher Education institutions that offer teacher training programmes which may have a snowball effect at provincial and school curricula levels. Another important finding of this research is that, in future, the binding agent amongst schools may yet prove to be social justice and not geo-social and/or socio-economic markers, as is the case at present. In this manner social justice may become a lived curriculum that will permeate the entire education system in South Africa, but more so, will permeate the school culture of every school. Recommendations: A management strategy for effective social justice praxis in schools should be developed at national level but specifically to schools should be tailor-made for each school, because social justice praxis becomes visible in the acts of individual men and women, girls and boys, who regard the other as equally well as the self and therefore the following recommendations are important: • Continuous professional development of principals and teachers. • The right to education and its praxis to ensure the best interest of the child should be incorporated in the Life Orientation curriculum. • Have a collective vision of schools that truly strive, cherish and inculcate a pedagogy of social justice praxis to ensure that education is life-generating, life engendering, causing life or life awakening (onderwys is lewe wek). • Fairness as a moral construct should be visible in institutions where values of fairness, equality and social justice permeate the institution and provide a moral and structural frame for judgements based on the principle of fiduciary trust. • Schools should become community hubs as centrifugal force that embraces views on African culture, Ubuntu principles and Indigenous Knowledge Systems. • Create district-wide power teams that will train teachers in positive conduct as well as assist and provide interventions. • Principals and teachers have to take responsibility and agency for social justice pedagogy.
Thesis (Ph.D. (Education Management))--North-West University, Potchefstroom Campus, 2013

Within the Latin American state Constitutions, is the establishment of prior consultation for theindigenous peoples legitimate? Does it represent away of imposition of the minority rights in front ofthe majority rights? Does it implies a power of vetoover the state decisions?In this article, the author answers the aforementioned questions, as he assays an ethical and legal foundation for the establishment of the mechanism of free, prior and informed consultation, one that goes beyond its national and international recognition.
Dentro de las Constituciones de América Latina,¿es legítimo el establecimiento de la consulta previa a los pueblos indígenas? ¿Supone una imposición de los derechos de las minorías frente a losderechos de las mayorías? ¿Implica un poder de veto de las decisiones estatales?En este artículo, el autor responde a estas inte- rrogantes mientras ensaya un fundamento jurídico y ético para el establecimiento del mecanismo de la consulta previa, libre e informada, que vaya más allá de su reconocimiento nacional e internacional.

Федіна Н.В. Сучасне розуміння справедливості в діяльності органів внутрішніх справ: теоретико-правове дослідження: дисертація на здобуття наукового ступеня кандидата юридичних наук за спеціальністю 12.00.01 – теорія та історія держави і права; історія політичних і правових учень / Федіна Наталія Василівна. – Львів: Львівський державний університет внутрішніх справ, 2014. - 203 с.
У дисертації здійснено теоретико-правове дослідження сучасного розуміння справедливості в діяльності органів внутрішніх справ. Розкрито історико-правові аспекти ідеї справедливості як основоположної складової прав людини. Проаналізовано поняття, зміст, форми і види справедливості, а також такі її прояви, як свобода та рівність. Узагальнено основні наукові концепції справедливості в теорії держави і права. Здійснено сутнісний аналіз діяльності органів внутрішніх справ як особливої юридичної практики. Досліджено професіоналізм працівника ОВС як чинник забезпечення справедливості у правоохоронній діяльності. Висвітлено значення етичних норм, моральної культури та правової культури як чинника реалізації принципу справедливості в діяльності органів внутрішніх справ у сфері захисту прав людини. The theoretical and legal investigation of the contemporary understanding of justice in the activities of the police has been conducted in the thesis. The historic and legal aspects of the idea of justice as a fundamental constituent of human laws have been disclosed. The concepts, contents, forms and kinds of justice, and its manifestations such as liberty and equality have been analyzed. Summarizes the main concepts of justice in theory of state and law. The author made a substantive analysis of police as a special legal practice. She has investigated the professionalism of policemen as a factor in ensuring fairness in law enforcement, has highlighted the value of ethical standards, moral culture and legal culture as a factor of the principle of fairness in the work of the Interior for the protection of human laws.

The desire to enhance and make ourselves better is not a new one and it has continued to intrigue throughout the ages. Individuals have continued to seek ways to improve and enhance their well-being for example through nutrition, physical exercise, education and so on. Crucial to this improvement of their well-being is improving their ability to remember. Hence, people interested in improving their well-being, are often interested in memory as well. The rationale being that memory is crucial to our well-being. The desire to improve one’s memory then is almost certainly as old as the desire to improve one’s well-being. Traditionally, people have used different means in an attempt to enhance their memories: for example in learning through storytelling, studying, and apprenticeship. In remembering through practices like mnemonics, repetition, singing, and drumming. In retaining, storing and consolidating memories through nutrition and stimulants like coffee to help keep awake; and by external aids like notepads and computers. In forgetting through rituals and rites. Recent scientific advances in biotechnology, nanotechnology, molecular biology, neuroscience, and information technologies, present a wide variety of technologies to enhance many different aspects of human functioning. Thus, some commentators have identified human enhancement as central and one of the most fascinating subject in bioethics in the last two decades. Within, this period, most of the commentators have addressed the Ethical, Social, Legal and Policy (ESLP) issues in human enhancements as a whole as opposed to specific enhancements. However, this is problematic and recently various commentators have found this to be deficient and called for a contextualized case-by-case analysis to human enhancements for example genetic enhancement, moral enhancement, and in my case memory enhancement (ME). The rationale being that the reasons for accepting/rejecting a particular enhancement vary depending on the enhancement itself. Given this enormous variation, moral and legal generalizations about all enhancement processes and technologies are unwise and they should instead be evaluated individually. Taking this as a point of departure, this research will focus specifically on making a case for ME and in doing so assessing the ESLP implications arising from ME. My analysis will draw on the already existing literature for and against enhancement, especially in part two of this thesis; but it will be novel in providing a much more in-depth analysis of ME. From this perspective, I will contribute to the ME debate through two reviews that address the question how we enhance the memory, and through four original papers discussed in part three of this thesis, where I examine and evaluate critically specific ESLP issues that arise with the use of ME. In the conclusion, I will amalgamate all my contribution to the ME debate and suggest the future direction for the ME debate.

У роботі на основі проведеного наукового дослідження визначино правовий аспект генотехнологічної системи клонування людини, проаналізувано сучасний правовий режим дотримання генотехнолоічної безпеки на міжнародному та національному рівнях окремих країн, а також створено пропозиції з удосконалення та оптимізації міжнародного правового регулювання сфери клонування людини. Автором узагальнено цілі та завдання міжнародно-правового та національного регулювання клонування людини та її частин; запропоновано оптимізацію міжнародно-правового регулювання шляхом розробки Конвенції з питань клонування людини та її частин. Удосконалено підхід щодо віднесення права на клонування людини та її частин до прав людини четвертого покоління; наукове обґрунтування концепцій правового статусу ембріону; концепцію необхідності посилення криміналізації репродуктивного клонування; процедуру проведення генотехнологічних експериментів шляхом встановлення законних цілей та обов’язкового контролю. Обгрунтовується необхідність перегляду заходів кримінальної відповідальності та розробки механізму притягнення до неї у разі порушень; утворення окремого органу у рамках ООН для контролю за дотриманням міжнародних правових актів.

AbstractThe use of artificial intelligence (AI) in the field of law has generated many hopes. Some have seen it as a way of relieving courts’ congestion, facilitating investigations, and making sentences for certain offences more consistent—and therefore fairer. But while it is true that the work of investigators and judges can be facilitated by these tools, particularly in terms of finding evidence during the investigative process, or preparing legal summaries, the panorama of current uses is far from rosy, as it often clashes with the reality of field usage and raises serious questions regarding human rights. This chapter will use the Robodebt Case to explore some of the problems with introducing automation into legal systems with little human oversight. AI—especially if it is poorly designed—has biases in its data and learning pathways which need to be corrected. The infrastructures that carry these tools may fail, introducing novel bias. All these elements are poorly understood by the legal world and can lead to misuse. In this context, there is a need to identify both the users of AI in the area of law and the uses made of it, as well as a need for transparency, the rules and contours of which have yet to be established.

AbstractLabour in Global South countries often has meagre social security protections and almost no representation in domestic legislatures. To address this deficit, labour law’s clear orientation towards “distributive justice” and emphasis on constitutionally protected freedom of association and collective bargaining rights have been core values for workers and labour movements in the South. Over the course of the last century, labour law has increasingly sought to assure “distributive justice” by departing from the confines of “corrective justice” and the slippery “ethical” basis of private law in both civil and common law systems. This chapter asks how both multinational corporations’ (MNCs) recent turn toward the use of codes of conduct in regards to labour and working conditions (labour codes) and, correspondingly, activists’ increasing reliance on the private law doctrines of tort and damages to resolve labour disputes, dilutes labour law’s focus on “distributive justice.” What problems and challenges do these shifts cause for labour law practice and theory? Taking the KiK case as an example, this chapter applies a critical legal perspective to address these questions.

AbstractThis chapter will provide an overview on several aspects of the gender perspective in Human Rights Law. The chapter will therefore look at the civil and political rights from a gender perspective, as well as social, economic and cultural rights of women, non-binary and LGBTIQA+ persons. The aim is to increase the students’ awareness for the gender perspective in international human rights protection, by providing an overview of currently discussed issues in this area. Such issues include the prohibition of gender-based violence, contemporary forms of slavery and trafficking in persons, the freedom of religion, the right to private life, access to justice for women, women’s (political) empowerment, the prohibition of economic and social discrimination, and women’s right to education.

The contribution focuses on the analysis of the most urgent and relevant issues in the field of legal regulation of robotics, including the prospects of future development and the proposals de lege ferenda. In particular, it will be dedicated to the determination and delimitation of the relevant terms, the issues of liability for harm caused by autonomous robots, the eventuality of the creation of electronic personality and its possible impacts, including correlation with the field of human rights. The comparative method was widely used, as well as deductive and inductive methods, which enabled to proceed from general hypothesis to the special and concrete manifestation in certain areas.

Alternative solutions have come to the fore in recent years. In our country, the new Ombudsman Institution is; Upon the operation and complaint of the administration, it is responsible for examining and conducting all kinds of actions and operations of the administration and its attitudes and behaviors within the understanding of justice based on human rights, in terms of compliance with law and equity, and to make recommendations to the administration. Therefore, it offers alternative solutions for these issues. In the first part, general information about the functioning of the Ombudsman Institution and the application standards will be given. In observing the decisions of the institution, reference is made to international conventions for examination. Because of this reason, in the second part, the decisions given by the ombudsman institutions will be evaluated for compliance with international conventions and the constitution. Recommendations made by the Agency also help to increase the total quality of public institutions. The decisions of the Ombudsman institution should be made in accordance with the international conventions and the constitution. Because without reference to human rights, there will be problems in terms of binding decisions. Therefore, facilitator methods should be followed in terms of application criteria.

The current pandemic has created new scenarios and problems regarding religious freedom. To combat the spread of the coronavirus, governments have ordered social distance and total closure of numerous activities including the celebration of sacred rites without consulting religious authorities. Religions have accepted the restrictions with a sense of responsibility, but the sacrifice of religious freedom for the faithful has been great. In addition, the effects of the pandemic together with the negative effects of globalization will continue over time, generating economic and social damage. In addition to prayer, religions have invited the faithful to a social commitment to reduce the critical issues of the crisis and specially to combat poverty. It is therefore necessary to analyze some topics: critical issues relating to the limitation of the right to religious freedom; what problems arise in the relations between powers (civil and religious); what problems arise in relations between state and religions; how the constitutional rights of the faithful and citizens are protected; what are the legal problems internal to the different religions, considering that the judgment on the validity of online rites is different; what is the role of religions in the face of the economic crisis. For the first time since the beginning of the human rights era, there has been a serious conflict between human rights, especially for the greater protection given to the right to health. The right to religious freedom also suffered, but it must be considered that the protection of the right to religious freedom also contributes to the recovery of a „good” economy, which can counteract the negative effects of the pandemic and globalization. We must build a personalist humanism, which the alliance between religions can promote. A humanism that respects the rights and dignity of man, against the logic of profit, and that rewrites the ethical rules of the economy. Looking at the post-pandemic, religions can be the soul of the ethical and moral rules that must guide the „good economy” in society to overcome social and economic differences.

The concept of “Global Ethics” refers to the analysis and identification of ethical solutions to the challenges of the contemporary world. Among the current global problems we bring to the fore: illegal immigration as a component of human trafficking, but also other global issues interdependent with the two crimes above: violation of human rights and freedoms, poverty, resource scarcity, discrimination, illegal international business and trade, all of which, requesting from the authorities and beyond, legislative and ethical solutions. Legal migration is the widely accepted form globally, since it can be determined over time, but also controlled in terms of the number of people, fields and jobs. Illegal migration is the alternative used by people who cannot use the legal route to go abroad. A component of trafficking in human beings, illegal migration is a global scourge, hard to control, caused by organised criminal groups, but also by the increasing ingenuity of criminals. Although the phenomenon is manifesting itself worldwide, it is accentuated by the fact that there is a lack of appropriate legislation and an effective system of cooperation between government institutions and civil society.Trafficking in human beings must be related to the causes that led to its emergence: discrimination in the labour market revealed by high unemployment rates (women vs. men), poverty combined with low remuneration for work performed, corruption of authorities, poor border control, restriction of legal migration opportunities, internationalization of criminal groups correlated with high profits from human trafficking, poor information of people who want to emigrate about the real effects of the labour market. Knowing this phenomenon, but also of the causes that cause it to occur, determines the process of working for knowledge, resolution and fight against it. The present work is intended to be a source of information that makes available to those interested that information about illegal migration, as well as how state structures can and should be involved in the situation.

Many private companies and public bodies in authoritarian and democratic states have joined facial recognition technology, used for various purposes. This situation is due to the general absence of a specific regulation that monitors its use. There is no consensus in society regarding the ethics of this technology. Furthermore, there are many doubts concerning the long-term ethical sustainability of facial recognition and its compliance with the law. A problem that emerges from the use of this technology is its obscurity. We do not know who is responsible for the decision automatically made; we do not know how the data is used by those who collect it, how long this data is kept, who can have access to it, to whom it is sent, and how this is used to create a profile. In addition, facial recognition systems are powered by numerous images collected from the Internet and social media without users' permission: it is, therefore, impossible to trace the origin of the data. Consequently, any citizen could be classified, most likely discriminated against, and become the victim of an algorithm. The boundary between security and control is decidedly blurred: many cameras do not respect the privacy of individuals and often harm human rights when they are used to discriminate, accuse, power, and manipulate people. From this discussion on privacy and human rights, it was born first the desire to create awareness, in particular regarding these technologies and the possible issues linked to them. Secondly, it was born the will to create a product that would be the spokesperson for these concerns and allow citizens to protect themselves. On this basis, a collaboration between fashion, engineering, and textile has developed to produce fabric and then garments, which confuse facial recognition systems in real-time. The technological innovation aims to create a system capable of generating adversarial knitted patches that can confuse the systems that capture biometric data. By integrating an adversarial algorithm into their jacquard motifs, the garments prevent the wearers from being identified, preserving their privacy. The adversarial textile is made with computerized knitting machines. Compared to a printed image, knitwear acquires texture, durability, wearability, and practicability. Furthermore, a knitted fabric allows modifying the single yarn material based on the results and performance we want to obtain. These fabrics have been tested on Yolo, the fastest and most advanced algorithm for real-time object recognition. The project was born in New York in 2019; the first experiments with computerized knitting machines were carried out at the Politecnico di Milano in January 2020. The textile was developed in the workshops of the Shenkar College of Tel Aviv. On February 8, 2021, the patent of the industrial process to produce the adversarial knitted textile was filed, with the patronage of the Politecnico di Milano. Today, the research on this fabric and these thematics has carried on within a Ph.D. that combines human-centric design and engineering.

Abstract The term "ethics" as a set of rules is used in the professional world as well as in professional societies to establish what is acceptable or not, in terms of ethical professional behavior. This paper explores how the practices and codification of practices related to professional practice have evolved in the Oil and Gas sector, with emphasis on professional societies. The analysis was performed summarizing the history of ethics in general, as applicable to the Oil and Gas sector. Then, research was conducted on how the several important corporations in the upstream or downstream of oil and gas initiated and evolved their own ethical codes. We also explored how the academic world has engaged in issuing Codes of Ethics that govern the behavior of both students and faculty members at the institutional and department level. A special emphasis was placed in the investigation of the evolution of the Code of Ethics of the main professional societies and organizations related to the Oil and Gas Sector, centered on SPE, and including AAPG (the American Association of Petroleum Geologists), SEG (the Societu of Exploration Geophsyicists), EAGE (the European Association of Geoscientists and Engineers) and other relevant ones. The conclusions point to a realization that the ethical codes analyzed evolved, following societal changes, in relation to under-represented groups in terms of gender, race, nationality, age, religion and ethnicity, as well as in relation to the expansion of the industry to more and new geographical areas. Currently, almost all organizations and professional societies have a Code of Ethics that profiles their main values and sets a frame for what is or not appropriate in advancing their activities. The Code of Ethics were gradually expanded, spelling out further specific rules, often called "Statements" like "Sexual Harassment," "Bribery" and "Human Rights" statements, aiming to address a variety of specific issues. The Code of Ethics, along the specific self-disclosure statements, are the ethical framework of organizations in Oil and Gas for guiding employees and stakeholders towards: –Alignment with Corporate and/or Academic Values.–Clarification of the Value Proposition for employees and/or prospective students.–Response to societal trends like "MeToo," "BlackLivesMatter," and others.–Rejection of modern issues affecting some industrial segments like Modern Work Slavery.–Enhancement of the corporate prestige and rankings in ESG (environmental, Society and Governance) grounding disclosures useful for investment decisions Our paper is a contribution to share information and raise our collective awareness in the profession about what is the current practice in Oil and Gas regarding Codes of Ethics of Corporations and Professional Societies, how they have evolved, and what are the current and future challenges and opportunities, to expand solid and useful ethics frameworks in the context of the present rapid social transformation.

Aim/Purpose: This paper provides the results of the preliminary analysis of the findings of an ongoing study that seeks to examine the social media use, cultural and political awareness, civic engagement, issue prioritization, and social activism of Gen Z students enrolled at four different institutional types located in the Mid-Atlantic region of the United States. The aim of this study is to look at the group as a whole as well as compare findings across populations. The institutional types under consideration include a mid-sized majority serving or otherwise referred to as a traditionally white institution (TWI) located in a small coastal city on the Atlantic Ocean, a small Historically Black University (HBCU) located in a rural area, a large community college located in a county that is a mixture of rural and suburban and which sits on the border of Maryland and Pennsylvania, and graduating high school students enrolled in career and technical education (CTE) programs in a large urban area. This exploration is purposed to examine the behaviors and expectations of Gen Z students within a representative American region during a time of tremendous turmoil and civil unrest in the United States. Background: Over 74 million strong, Gen Z makes up almost one-quarter of the U.S. population. They already outnumber any current living generation and are the first true digital natives. Born after 1996 and through 2012, they are known for their short attention spans and heightened ability to multi-task. Raised in the age of the smart phone, they have been tethered to digital devices from a young age with most having the preponderance of their childhood milestones commemorated online. Often called Zoomers, they are more racially and ethnically diverse than any previous generation and are on track to be the most well-educated generation in history. Gen Zers in the United States have been found in the research to be progressive and pro-government and viewing increasing racial and ethnic diversity as positive change. Finally, they are less likely to hold xenophobic beliefs such as the notion of American exceptionalism and superiority that have been popular with by prior generations. The United States has been in a period of social and civil unrest in recent years with concerns over systematic racism, rampant inequalities, political polarization, xenophobia, police violence, sexual assault and harassment, and the growing epidemic of gun violence. Anxieties stirred by the COVID-19 pandemic further compounded these issues resulting in a powder keg explosion occurring throughout the summer of 2020 and leading well into 2021. As a result, the United States has deteriorated significantly in the Civil Unrest Index falling from 91st to 34th. The vitriol, polarization, protests, murders, and shootings have all occurred during Gen Z’s formative years, and the limited research available indicates that it has shaped their values and political views. Methodology: The Mid-Atlantic region is a portion of the United States that exists as the overlap between the northeastern and southeastern portions of the country. It includes the nation’s capital, as well as large urban centers, small cities, suburbs, and rural enclaves. It is one of the most socially, economically, racially, and culturally diverse parts of the United States and is often referred to as the “typically American region.” An electronic survey was administered to students from 2019 through 2021 attending a high school dual enrollment program, a minority serving institution, a majority serving institution, and a community college all located within the larger mid-Atlantic region. The survey included a combination of multiple response, Likert scaled, dichotomous, open ended, and ordinal questions. It was developed in the Survey Monkey system and reviewed by several content and methodological experts in order to examine bias, vagueness, or potential semantic problems. Finally, the survey was pilot tested prior to implementation in order to explore the efficacy of the research methodology. It was then modified accordingly prior to widespread distribution to potential participants. The surveys were administered to students enrolled in classes taught by the authors all of whom are educators. Participation was voluntary, optional, and anonymous. Over 800 individuals completed the survey with just over 700 usable results, after partial completes and the responses of individuals outside of the 18-24 age range were removed. Findings: Participants in this study overwhelmingly were users of social media. In descending order, YouTube, Instagram, Snapchat, Twitter, Facebook, Pinterest, WhatsApp, LinkedIn and Tik Tok were the most popular social media services reported as being used. When volume of use was considered, Instagram, Snapchat, YouTube and Twitter were the most cited with most participants reporting using Instagram and Snapchat multiple times a day. When asked to select which social media service they would use if forced to choose just one, the number one choice was YouTube followed by Instagram and Snapchat. Additionally, more than half of participants responded that they have uploaded a video to a video sharing site such as YouTube or Tik Tok. When asked about their familiarity with different technologies, participants overwhelmingly responded that they are “very familiar” with smart phones, searching the Web, social media, and email. About half the respondents said that they were “very familiar” with common computer applications such as the Microsoft Office Suite or Google Suite with another third saying that they were “somewhat familiar.” When asked about Learning Management Systems (LMS) like Blackboard, Course Compass, Canvas, Edmodo, Moodle, Course Sites, Google Classroom, Mindtap, Schoology, Absorb, D2L, itslearning, Otus, PowerSchool, or WizIQ, only 43% said they were “very familiar” with 31% responding that they were “somewhat familiar.” Finally, about half the students were either “very” or “somewhat” familiar with operating systems such as Windows. A few preferences with respect to technology in the teaching and learning process were explored in the survey. Most students (85%) responded that they want course announcements and reminders sent to their phones, 76% expect their courses to incorporate the use of technology, 71% want their courses to have course websites, and 71% said that they would rather watch a video than read a book chapter. When asked to consider the future, over 81% or respondents reported that technology will play a major role in their future career. Most participants considered themselves “informed” or “well informed” about current events although few considered themselves “very informed” or “well informed” about politics. When asked how they get their news, the most common forum reported for getting news and information about current events and politics was social media with 81% of respondents reporting. Gen Z is known to be an engaged generation and the participants in this study were not an exception. As such, it came as no surprise to discover that, in the past year more than 78% of respondents had educated friends or family about an important social or political issue, about half (48%) had donated to a cause of importance to them, more than a quarter (26%) had participated in a march or rally, and a quarter (26%) had actively boycotted a product or company. Further, about 37% consider themselves to be a social activist with another 41% responding that aren’t sure if they would consider themselves an activist and only 22% saying that they would not consider themselves an activist. When asked what issues were important to them, the most frequently cited were Black Lives Matter (75%), human trafficking (68%), sexual assault/harassment/Me Too (66.49%), gun violence (65.82%), women’s rights (65.15%), climate change (55.4%), immigration reform/deferred action for childhood arrivals (DACA) (48.8%), and LGBTQ+ rights (47.39%). When the schools were compared, there were only minor differences in social media use with the high school students indicating slightly more use of Tik Tok than the other participants. All groups were virtually equal when it came to how informed they perceived themselves about current events and politics. Consensus among groups existed with respect to how they get their news, and the community college and high school students were slightly more likely to have participated in a march, protest, or rally in the last 12 months than the university students. The community college and high school students were also slightly more likely to consider themselves social activists than the participants from either of the universities. When the importance of the issues was considered, significant differences based on institutional type were noted. Black Lives Matter (BLM) was identified as important by the largest portion of students attending the HBCU followed by the community college students and high school students. Less than half of the students attending the TWI considered BLM an important issue. Human trafficking was cited as important by a higher percentage of students attending the HBCU and urban high school than at the suburban and rural community college or the TWI. Sexual assault was considered important by the majority of students at all the schools with the percentage a bit smaller from the majority serving institution. About two thirds of the students at the high school, community college, and HBCU considered gun violence important versus about half the students at the majority serving institution. Women’s rights were reported as being important by more of the high school and HBCU participants than the community college or TWI. Climate change was considered important by about half the students at all schools with a slightly smaller portion reporting out the HBCU. Immigration reform/DACA was reported as important by half the high school, community college, and HBCU participants with only a third of the students from the majority serving institution citing it as an important issue. With respect to LGBTQ rights approximately half of the high school and community college participants cited it as important, 44.53% of the HBCU students, and only about a quarter of the students attending the majority serving institution. Contribution and Conclusion: This paper provides a timely investigation into the mindset of generation Z students living in the United States during a period of heightened civic unrest. This insight is useful to educators who should be informed about the generation of students that is currently populating higher education. The findings of this study are consistent with public opinion polls by Pew Research Center. According to the findings, the Gen Z students participating in this study are heavy users of multiple social media, expect technology to be integrated into teaching and learning, anticipate a future career where technology will play an important role, informed about current and political events, use social media as their main source for getting news and information, and fairly engaged in social activism. When institutional type was compared the students from the university with the more affluent and less diverse population were less likely to find social justice issues important than the other groups. Recommendations for Practitioners: During disruptive and contentious times, it is negligent to think that the abounding issues plaguing society are not important to our students. Gauging the issues of importance and levels of civic engagement provides us crucial information towards understanding the attitudes of students. Further, knowing how our students gain information, their social media usage, as well as how informed they are about current events and political issues can be used to more effectively communicate and educate. Recommendations for Researchers: As social media continues to proliferate daily life and become a vital means of news and information gathering, additional studies such as the one presented here are needed. Additionally, in other countries facing similarly turbulent times, measuring student interest, awareness, and engagement is highly informative. Impact on Society: During a highly contentious period replete with a large volume of civil unrest and compounded by a global pandemic, understanding the behaviors and attitudes of students can help us as higher education faculty be more attuned when it comes to the design and delivery of curriculum. Future Research This presentation presents preliminary findings. Data is still being collected and much more extensive statistical analyses will be performed.

Progress towards a world where all can enjoy optimal health and health care is crucially dependent on all kinds of research including research involving humans. Involving humans in medical research is necessary to improve the knowledge base on which medicine should be based. At the same time, individuals participating in health-related research have individual human rights and have a right to be protected against the risks that research may bring to them. The tension between these two considerations has led the medical community to endorse ethical guidelines for health-related research. Research Ethics Committees can use these guidelines to evaluate whether a given research protocol is ethically acceptable or not. -- In the late 1970s, CIOMS set out, in cooperation with WHO, to prepare guidelines to indicate how the ethical principles set forth in the Declaration of Helsinki of the World Medical Association, could be effectively applied, particularly in low-resource settings, given their socio-economic circumstances, laws and regulations, and executive and administrative arrangements. Since then, revised editions of the CIOMS ethical guidelines were published in 1993 and 2002. New developments in research prompted CIOMS to again revise their ethical guidelines. The result is available in this publication. -- In the 2016 version of the ethical Guidelines, CIOMS provides answers to a number of pressing issues in research ethics. The Council does so by stressing the need for research having scientific and social value, by providing special guidelines for health-related research in low-resource settings, by detailing the provisions for involving vulnerable groups in research and for describing under what conditions biological samples and health-related data can be used for research. In providing this revised version, CIOMS hopes to ensure that the ethical Guidelines remain a living document that provides reasoned conditions for research in order to meet the challenges of modern research.