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Littérature scientifique sur le sujet « Human body – Law and legislation »

Auteur : Grafiati

Publié le 10 mars 2023

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Articles de revues sur le sujet "Human body – Law and legislation"

Spiller, Peter. « The Judicial Legacy of Salmond J in New Zealand ». Victoria University of Wellington Law Review 38, n^o 4 (1 mars 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.

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Zhiyong, Zhao. « The Human Body in the Regime of Chinese Cultural Heritage Law ». Santander Art and Culture Law Review, n^o 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.

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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, n^o 3 (9 avril 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.

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Biernat, Tadeusz. « Między polityką a prawem. Problem „upolitycznienia” tworzenia prawa ». Przegląd Prawa i Administracji 110 (30 novembre 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.

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Korobtsova, N. V. « Legal status of human biomaterial ». Problems of legality, n^o 156 (22 avril 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, n^o 2(43) (20 juin 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.

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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, n^o 4 (24 décembre 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.

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Barnard, Catherine, Claire Kilpatrick et Simon Deakin. « Equality, Non-Discrimination and the Labour Market in the UK ». International Journal of Comparative Labour Law and Industrial Relations 18, Issue 2 (1 juin 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.

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Fuchs, Maximilian. « The Bottom Line of European Labour Law (part 2) ». International Journal of Comparative Labour Law and Industrial Relations 20, Issue 3 (1 septembre 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.

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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, n^o 11 (13 février 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.

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Thèses sur le sujet "Human body – Law and legislation"

Letendre, Martin. « Research with stored tissue samples of deceased persons : a North American perspective ». Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80938.

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In this thesis, the author studies the ethical and legal aspects of research conducted on stored tissue samples of deceased persons in North America.
The first part of this thesis presents an overview of what constitutes human tissues and how are they used in research. The author describes the process in which human tissues are acquired and stored by health facilities, their utility for scientific research, and currently used techniques.
The second part is dedicated to the analysis of the current normative framework associated with research involving human tissue samples in North America. The author underlines the presence of two different normative regimes depending on whether the human tissues were removed before or after death. Finally, the author examines international documents in order to evaluate whether or not they can provide guidance to North American national legislation.
The third part evaluates the normative limitations associated with the use of stored tissue samples of deceased persons for research. The author considers that these limitations are related to the presence of conflicting interests, the difficulties in establishing rights over human tissues, the difficulties of establishing the rights of the dead, and the limitations of the theory of informed consent with regards to stored tissue samples.
The last part of this thesis suggests that stored human tissues should be interpreted as if they were part of an individual's medical record. After presenting some of the philosophical arguments in favour of such an interpretation, the author underlines the presence of legal precedents supporting the "tissue as information" model. The author finally examines the legal implications and the potential limitations of this proposal.

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Santos, Arthur Deucher Figueiredo. « Liberdade de expressão artística e a disposição sobre o corpo humano ». Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21327.

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Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-08-09T12:33:20Z No. of bitstreams: 1 Arthur Deucher Figueiredo Santos.pdf: 712842 bytes, checksum: d7b1013d73a0d63bdca3ec7ec874b762 (MD5)
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Fundação São Paulo - FUNDASP
Two themes surround the purpose of this work: the freedom of artistic expression (or artistic freedom) and the disposition of the human body. Both are very problematic. What is proposed is the analysis of the dialogue between these two questions: how should freedom of artistic expression be applied when applied at the disposition of the human body? Does artistic freedom strengthen such provision by broadening the range of possibilities for doing so? In this sense, the fundamental problem to be discussed in this work is whether the infra-constitutional legal order, especially the art. 13 of the Civil Code, is up to the constitutional text to regulate such sensitive subject. In order to do so, I seek to understand the outlines of artistic freedom in the legal order, its application in the Federal Supreme Court, as well as the free development of the individual and the creation of his identity, in the context of corporal disposition. In this sense, the theoretical study of liberties in general, freedom of expression, freedom of artistic expression, the phenomenon of the constitutionalization of private law, existential subjective situations, personality rights, private autonomy and the fundamental rights. Thereby, I seek to provide an adequate answer to the problem proposed in this study and to verify the appropriateness or not of the infraconstitutional rule of artistic freedom applied to the corporal disposition
Dois temas cercam o objetivo deste trabalho: a liberdade de expressão artística (ou liberdade artística) e a disposição do corpo humano (ou direito ao próprio corpo). Ambos são, por si só, problemáticos. O que se propõe é a análise do diálogo entre essas duas questões: como se deve operar a liberdade de expressão artística quando aplicada à disposição do corpo humano? A liberdade artística potencializa referida disposição, ampliando o leque de possibilidades para fazê-lo? Nesse sentido, o problema fundamental a ser discutido neste trabalho é saber se o ordenamento jurídico infraconstitucional, em especial o art. 13 do Código Civil, encontra-se à altura do texto constitucional para regular tão sensível tema. Para tanto, procuro compreender os contornos da liberdade artística no ordenamento jurídico, sua aplicação no Supremo Tribunal Federal, bem como o livre desenvolvimento da pessoa humana e a criação de sua identidade, no contexto de disposição corporal. Nesse sentido, parto do estudo teórico das liberdades em geral, da liberdade de expressão, da liberdade de expressão artística, do fenômeno da constitucionalização do direito privado, das situações subjetivas existenciais, dos direitos da personalidade, da autonomia privada e da vinculação dos particulares a direitos fundamentais. Com isso, busco fornecer uma resposta adequada ao problema proposto neste trabalho e verificar a adequação ou não do regramento infraconstitucional da liberdade artística aplicada à disposição corporal

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LINGENFELTER, Kerttuli Kareniina. « When is human trafficking slavery or enslavement ? : human trafficking at the intersection of human rights law and criminal law ». Doctoral thesis, European University Institute, 2018. http://hdl.handle.net/1814/64684.

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Award date: 22 October 2018
Supervisor: Professor Martin Scheinin
This thesis explores the international definitions of slavery, enslavement and human trafficking to determine if and when human trafficking is slavery. Using predominantly the legal method, the thesis argues that there is an overlap between the definitions, yet they are not synonymous. Furthermore, the principles of human rights law and criminal law are compared in the context of slavery and human trafficking. Although the systems can and do engage with each other, it is posited that in a criminal setting courts should be wary of relying on human rights jurisprudence to determine the substance of the criminal definition. This is because human rights are interpreted in an evolutive, teleological way, whereas criminal courts should be bound by the principle of legality. Human rights courts, on the other hand, could and should engage more with the contours of the definitions of human trafficking and slavery – not to determine criminal liability, but instead to produce a deeper, more nuanced understanding of the structures that render persons vulnerable to exploitation. In this way, the thesis asserts, a human rights approach could move beyond the current model, which is excessively oriented toward criminal investigation and punishment. Due to current challenges posed by conflict and post-conflict situations, the thesis ends by reflecting on the potential of human trafficking being prosecuted by the International Criminal Court as a crime against humanity. Although the possibility has found some support within academia, this thesis proposes that if and when human trafficking does amount to slavery and meets the other elements of crimes against humanity, it has and can be prosecuted. Some forms of human trafficking, as of all other acts constituting crimes against humanity, will, however, fall outside the scope of international criminal law.

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Coxon, Benedict Francis. « Interpretive provisions in human rights legislation : a comparative analysis ». Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:d0a5ddca-9293-4204-b22b-417cdf829464.

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This thesis considers interpretive provisions in human rights legislation in the United Kingdom (UK), New Zealand and two Australian jurisdictions: the Australian Capital Territory and the State of Victoria. It deals with the relationship between certain common law interpretive principles which protect human rights and the rules under the interpretive provisions. It also considers what effect the interpretive provisions have on the overall approach to statutory interpretation, particularly in terms of their impact on the roles of intention and purpose. One of the themes of the thesis is that it is possible to identify a common methodology for the application of the various interpretive provisions. This is facilitated by an emphasis on the concept of purpose, which is flexible and capable of being identified and applied at higher levels of abstraction than the concept of intention as commonly applied by the courts. Despite this common methodology, the results of attempts at legislative rights-consistent interpretation in the relevant jurisdictions differ. We shall see that the UK courts have taken a broader interpretive approach than have their New Zealand and Australian counterparts. This will be explained by reference to the respective contexts of the human rights legislation in each jurisdiction, particularly in terms of legislative history. It will be argued that the purpose of the UK legislation to provide remedies in domestic courts for breaches of the European Convention on Human Rights provides the basis for the UK courts’ approach. The absence of this factor is the primary point of distinction between the UK on the one hand, and New Zealand and Australia on the other, though other issues will be explored. Finally, while as a matter of the interpretation of the UK legislation, and especially of the relevant interpretive provision, the approach of the UK courts is defensible, the significant risk to the principle of legal certainty which it poses will be highlighted.

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Hardcastle, Rohan John. « Law and the human body property rights, ownership and control / ». Oxford ; Portland (Or.) : Hart, 2007. http://www.sciences-po.eblib.com/EBLWeb/patron/?target=patron&extendedid=P_317926_0.

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Varju, Márton. « On divergence in European human rights laws : the European Convention on Human Rights and European community law : a claim of non-divergence ». Thesis, University of Hull, 2008. http://hydra.hull.ac.uk/resources/hull:993.

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The issue of divergence in human rights protection (adjudication) between the law of the European Convention on Human Rights (ECHR) and European Community/Union (EC/EU) law has been in the centre of academic attention for decades. The position that there are instances of divergence and there is a risk of divergence between the two legal orders has gained authority in academic discourse despite the fact that its premises were subject to challenges on numerous occasions. The claim that human rights protection in EC law is divergent from that under the ECHR appears to suffer from certain shortcomings. First, it is not clear how the divergence claim addresses the question of incommensurability that unavoidably emerges in a comparison of judgments originating from different jurisdictions. Second, the divergence claim has largely eluded to address the quality of flexibility possessed by ECHR and EC human rights law. Both legal orders operate mechanisms of flexibility that enable a treatment of differing human rights solutions other than rejection. In reaction to these problems the present thesis advances the arguments of flexibility and similarity. The flexibility argument holds that the issue of divergence is largely neutralised by the ability of ECHR law (and to a lesser extent of EC law) to react to the problem of divergence flexibly. This entails that the human rights solutions of Community courts could often be accommodated within the flexible framework of ECHR law. The similarity argument provides that the style of human rights protection in ECHR and EC law is similar. The comparison of styles is based on a general system of analysis that aims to avoid the problem of incommensurability. The two arguments are not independent - the success of each argument depends on the availability of the other. The limits of flexibility are found in the requirement of similarity and the impreciseness of the similarity argument is corrected by the potentials inherent in the flexibility argument. On this basis, the relationship between ECHR and EC law could be described as a flexible status of non-divergence.

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Mashiyi, Tandeka. « The effectiveness of human child trafficking legislation in South Africa ». Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1289.

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Trafficking in human beings is a major problem worldwide. Human trafficking is as a result of a complex set of interrelated push and pull factors. Push factors includeinter alia poverty, a lack of opportunities, dislocation of families, gender, racial and ethnic inequalities and the break-up of families. Research shows that pull factors include the promise of a better life, consumer aspirations and lack of information on the risks involved, established patterns of migration, porous borders and fewer constraints on travel. It is as a result of the global epidemic of this trafficking in persons that certain instruments on an international level as well as legislation on a national level have been enacted. The question which arises is: are these pieces of legislation effective in dealing with the scourge of human trafficking? Every legislation passed will have its strengths, as well as weaknesses but the main objective of such legislation should always be to combat, criminalise and prosecute the specific criminal act. Furthermore, the enacted legislation should be designed to effectively combat the challenges which threaten to exacerbate the criminal act. Failing to fulfil this intention will render such legislation nugatory. This treatise will be looking at various international instruments that have been passed abd v adopted by various countries, which specifically deal with trafficking in humans generally and specifically in relation to the children. International instruments that will be discussed include inter alia, slavery Convention, Convention on the Rights of the child, Worst forms or Child Labour Convention, Parlemo Protocol, United Nations Transnational Organised Crime Protocol to mention but a few. All these instruments have in a way dealt with and made provisions for the criminalisation of the act of trafficking in humans and a the scrounge of trafficking escalates the international governments strive to enact instruments that are going to be able to curtail this pandemic of trafficking. As more focus will be on the South African legislation this treatise is also going to examine all the relevant piece of legislation that have been passed by the South African government in order to deal with human trafficking. These will include the discussion of the Constitution, Child Care Act, Children’s Act, Children’s Amendment Act, Criminal Law (Sexual Offences) and Related matters. Amendment Act Prevention of Organised Crime Act as well as the Prevention and combating of Trafficking in Persons Bill. The treatise will listen critically discuss the Bill in so far as its strengths and weaknesses are concerned.

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Atrey, Shreya. « Realising intersectionality in discrimination law ». Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:ff5720c2-d40f-4126-9a1e-3831e61f0986.

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The central aim of the thesis is to understand why intersectionality remains at the fringes of mainstream discrimination law and to provide an alternative vision to the dominant conception of single-axis discrimination. This aim is pursued by translating intersectionality theory into the conceptual and doctrinal precincts of comparative discrimination law of South Africa, Canada and the United Kingdom. The thesis is divided into three parts. Part One posits the framework of 'intersectional integrity' as forming the backbone of the category of intersectional discrimination. Its normative core insists on mapping the intersections between identities as creating unique and shared patterns of group disadvantage by considering people's identities as a whole. It is this bipartite framework against which the doctrine is considered. Part Two deals with the doctrinal limitations which impede a successful claim of intersectional discrimination. The comparative analysis fine-combs through the judicial interpretation to understand how it fares against the framework of intersectional integrity. The judicial strategies emerging from the doctrinal analysis are consolidated in the form of a graded spectrum which captures the proximity of each response from the category of intersectional discrimination. Beyond this conceptual reimagination, it also considers how other tools in discrimination law need to be recalibrated to accommodate an intersectional claim. These include the conception of equality and discrimination, the criteria for selection of analogous grounds, the understanding of indirect discrimination, the relationship between impact and justification analysis, apportioning the burden of proof and determining the standard of scrutiny. Part Three consolidates the normative insights emerging from the thesis. A restatement of the theoretical and doctrinal recalibrations helps imagine how a lawyer would walk through the labyrinth of discrimination law for realising a claim of intersectional discrimination.

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Du, Plessis Jan Andriaan. « The impact of minimum sentence legislation on South African criminal law ». Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020037x.

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The Criminal Law Amendment Act introduced a scheme where minimum sentences are prescribed for serious offences into the South African Criminal Law. The limitations put on the courts’ sentencing discretion were not received with unanimous approval from all quarters. The Constitutional Court declared the general working of the Act to be constitutional soon after its inception. Specific provisions pertaining to certain offences remained unpopular. The hefty sentence of 15 years imprisonment prescribed for the possession of a semi-automatic firearm is put forward as an example in this regard. High Courts avoid the minimum sentence prescribed for this offence by using different interpretational methods. Despite the sense of animosity towards the unfair contents of this provision, no ruling is made on the constitutionality thereof. An apparent deference towards the legislature could be detected on the part of the judiciary. South African jurisprudence discourages our courts to rule on the constitutionality of a law. It is only done when the defect could not be remedied by any other available means. The reluctance of our courts to make a ruling on the constitutionality of the semi-automatic provision does not promote legal certainty. High Courts attach different interpretations to the “true intention” of the legislature in order to bypass this provision. Logic dictates that inexperienced presiding officers with inferior interpretational skills would continue to hand down the minimum sentence while it remains on the law books. A sentence of fifteen years is also prescribed for robbery with aggravating circumstances. The existing common law on the interpretation of the definition of this offence provides for a wide range of human conduct to be included. Case law could be expected where the courts deviate from the prescribed sentence on a regular basis. This unscientific approach should be discouraged and a rethinking of the boundaries of this offence is suggested. The Act is doing more harm than good to our Criminal Law. The legislature could still provide other visible measures against serious crime without invading the sentencing discretion of the judiciary.

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Wunderlin, Beverly J. « The Regulation of Medically Assisted Procreation in Europe and Related Nations and the Influence of National Identity, Social Cultural, and Demographic Differences ». Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3192/.

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This study details the Medically Assisted Procreation regulations in thirty-five nation-states, and explores the influence of national identity, social cultural and demographic differences on these regulations. Detailed data were gathered from ministries of health, offices of prime ministers, embassy staff, and others on regulations for each nation. These data were used to categorize the nations in regard to MAP legislation status and regulatory policy regarding marital or age restrictions; posthumous conception; sperm, ovum, or embryo donation, surrogacy; and policy on handling donors. Possible associations between national identity, social cultural, and demographic data for each nation and their regulations were explained. The thirty-five nations were treated as a population with common geographical and political ties. PRE methods, and eta coefficients were used to assess the associations. Sixteen nations have adopted MAP legislation, eight nations have either alternative regulatory guidelines or partial structures, four nations have legislation pending and possibly some laws, and seven nations are unregulated. Based upon statistical analysis, language group emerges as an important indicator for differences in MAP regulations. For example knowing a nation's language group enabled percent improved prediction of that nation's regulatory handling of embryo donation. The percent GDP spent on health care was found to have a substantial or moderate association with most regulations. The findings of this study indicate that the cultural roots associated with national identity as well as economic circumstances such as health care budgets impact the policy making process responsible for the regulation of MAP in Europe. Among other mediating circumstances, MAP related family law cases brought to the European Court of Human Rights create an accumulation of judge-made law, which help create a common European standard. This study of the European region provides a baseline for further research and a reference for cross cultural comparisons.

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Livres sur le sujet "Human body – Law and legislation"

Meyers, David W. The human body and the law. 2^e éd. Edinburgh : Edinburgh University Press, 1990.

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Meyers, David W. The human body and the law. Edinburgh : Edinburgh University Press, 1992.

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Meyers, David W. The human body and the law. 2^e éd. Stanford, Calif : Stanford University Press, 1990.

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Hoppe, Nils. Bioequity : Property and the human body. Farnham, Surrey : Ashgate Pub., 2009.

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Bodies of law. Princeton, N.J : Princeton University Press, 1997.

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Martin, Richards, Bainham Andrew et Sclater Shelley Day, dir. Body lore and laws. Oxford : Hart, 2002.

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Andrew, Bainham, Sclater Shelley Day et Richards Martin, dir. Body lore and laws. Oxford : Hart Pub., 2002.

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Hoppe, Nils. Bioequity : Property and the human body. Farnham, Surrey, England : Ashgate Pub., 2009.

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Lahalle, Thibault. La qualification juridique du corps humain. Lille : Atelier National de Reproduction des thèsis (ANRT), 2004.

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Moine, Isabelle. Les choses hors commerce : Une approche de la personne humaine juridique. Paris : L.G.D.J., 1997.

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Chapitres de livres sur le sujet "Human body – Law and legislation"

Sterckx, Sigrid, et Julian Cockbain. « The Natural, the Informational, the Claimable ? Human Body Material in US and European Patent Law ». Dans Symbolic Legislation Theory and Developments in Biolaw, 215–36. Cham : Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-33365-6_13.

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Lalova, Teodora, Anastassia Negrouk, Laurent Dollé, Sofie Bekaert, Annelies Debucquoy, Jean-Jacques Derèze, Peggy Valcke, Els J. Kindt et Isabelle Huys. « An Overview of Belgian Legislation Applicable to Biobank Research and Its Interplay with Data Protection Rules ». Dans GDPR and Biobanking, 187–213. Cham : Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_10.

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AbstractThis contribution aims to present in a clear and concise manner the intricate legal framework for biobank research in Belgium. In Part 1, we describe the Belgian biobank infrastructure, with a focus on the concept of biobank. In Part 2, we provide an overview of the applicable legal framework, namely the Act of 19 December 2008 on Human Body Material (HBM), and its amendments. Attention is given to an essential piece of self-regulation, namely the Compendium on biobanks issued by the Federal Agency on Medicine Products and Health (FAMPH). Furthermore, we delineate the interplay with relevant data protection rules. Part 3 is dedicated to the main research oversight bodies in the field of biobanking. In Part 4, we provides several examples of the ‘law in context’. In particular, we discuss issues pertaining to presumed consent, processing of personal data associated with HBM, and information provided to the donor of HBM. Finally, Part 5 and 6 addresses the impact of the EU General Data Protection Regulation (GDPR), suggests lines for further research, and outline the future possibilities for biobanking in Belgium.

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Coughlan, Michael J. « Revelation and Legislation ». Dans The Vatican, the Law and the Human Embryo, 97–112. London : Palgrave Macmillan UK, 1990. http://dx.doi.org/10.1007/978-1-349-20773-2_7.

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Dickens, B. M. « Comparative Law and Legislation on Eugenic Sterilization and Selective Abortion ». Dans Human Genetics, 673–82. Berlin, Heidelberg : Springer Berlin Heidelberg, 1987. http://dx.doi.org/10.1007/978-3-642-71635-5_92.

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Quattrocolo, Serena. « The Right to Information in EU Legislation ». Dans Human Rights in European Criminal Law, 81–93. Cham : Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-12042-3_5.

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Herring, Jonathan. « The Law and the Symbolic Value of the Body ». Dans Symbolic Legislation Theory and Developments in Biolaw, 125–42. Cham : Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-33365-6_8.

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Goold, Imogen, et Jonathan Herring. « Selling and Owning Human Body Parts ». Dans Great Debates in Medical Law and Ethics, 184–201. London : Macmillan Education UK, 2014. http://dx.doi.org/10.1007/978-1-137-32747-5_8.

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Copley, Julie. « No Argument : Human Dignity and the Making of Legislation ». Dans Human Dignity and the Autonomy of Law, 239–57. Cham : Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14824-8_12.

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Panescu, Dorin, et Robert A. Stratbucker*. « Current Flow in the Human Body ». Dans TASER® Conducted Electrical Weapons : Physiology, Pathology, and Law, 63–84. Boston, MA : Springer US, 2009. http://dx.doi.org/10.1007/978-0-387-85475-5_6.

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Finch, John. « Organ transplants and disposal of the human body ». Dans Speller’s Law Relating to Hospitals, 653–79. Boston, MA : Springer US, 1994. http://dx.doi.org/10.1007/978-1-4899-7122-7_25.

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Actes de conférences sur le sujet "Human body – Law and legislation"

Ilici, Stefan, Laszlo Robert, Daniela Carmen Rus, Iuliana Claudia Miron et Claudia-Raluca Ilici. « RESEARCH ON THE ENVIRONMENTAL CONDITIONS OF STORAGE AND HANDLING OF EXPLOSIVE MATERIALS FOR CIVIL USE AND OF PYROTECHNIC ARTICLES WITH RESPECT TO THE SAFETY AND HEALTH OF PERSONAL AND HUMAN PERSONNEL ». Dans 22nd SGEM International Multidisciplinary Scientific GeoConference 2022. STEF92 Technology, 2022. http://dx.doi.org/10.5593/sgem2022/1.1/s03.026.

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The storage of explosives and pyrotechnic articles must be carried out in complete safety conditions and only in storage facilities (depots) arranged and authorized for this purpose. The legislation in force has strict provisions on the rules of explosive & pyrotechnics storage, handling and access in the storage facilities. Failure to comply with certain provisions of the law in the product safety data sheet prepared by the manufacturer may lead to the generation of hazardous situations which may result in very serious consequences such as explosion, fire, damage of constructions in the area and even damage to the environment. In the last years, in Romania there have been a series of accidents with victims or considerable material damage, these being as a result of actions of incorrect handling, storage, maintenance or failure to ensure the proper storage conditions accordingly with the specific legislation and technical recommendations. Following the results of this accidents, INSEMEX Petrosani as a research institute in mine safety but as well as notified body in the field of explosives, pyrotechnic articles & blasting techniques approval and certification, at the request of the authorities (Court, Prosecutor's Office, Police Office or State Labor Inspection) carried out several investigations in order to establish the causes that generated these events. The article presents some of outcomes of this investigations with the focus on recommendations to avoid similar events.

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Kadriah, Kadriah, Teuku Saiful et Muhammad Naufal Hidayat. « Interreligous Marriage According to Indonesian Legislation ». Dans 1st International Conference on Law and Human Rights 2020 (ICLHR 2020). Paris, France : Atlantis Press, 2021. http://dx.doi.org/10.2991/assehr.k.210506.060.

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Nikitin, Aleksey, et Damir Ahmedov. « FORMATION OF RUSSIAN LEGISLATION ON FREEDOM OF CONSCIENCE AND RELIGION ». Dans Law and law : problems of theory and practice. ru : Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/055-057.

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This article deals with ensuring the development of the legal framework of public relations in the sphere of freedom of conscience and religion, creating and modernizing means of protecting human and civil rights and freedoms.

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Herceg Pakšić, Barbara, et Dorota Habrat. « COMPARATIVE VIEWS ON A PERMANENT CHALLENGE : HATE SPEECH SANCTIONING IN POLAND AND CROATIA ». Dans The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22431.

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Freedom of expression is one of the essential elements of modern democratic states’ standard for basic civil rights and freedoms. It is most often guaranteed in the constitutions as well as in ratified acts of European and international law. Still, freedom of speech is not absolute, meaning in certain situations it may be restricted to protect another legal value. A prominent example is hate speech, as a means of spreading hatred, hostility and violence towards a person or a particular group. It is not a closed book but widely regarded as a significant violation of human rights. While there is no doubt it constitutes a freedom of speech abuse, the issue of its sanctioning falls within controversial and multifaceted challenges in terms of legislative regulation. The purpose of this article is to compare Polish and Croatian legal systems on this issue. The research will be based on the comparative method, designed to detect similarities, differences and possible patterns in the subject area of the study and to determine the variables affecting the evaluation of current and developed policies in the area of hate speech responsibility and sanctioning. The specific solutions contained in the national constitutional positions, criminal law, misdemeanor law, related body of doctrine and selected case law show a certain diversity of approaches. It can be said that in the area under consideration we are dealing with variants of the same general concept. The results of the conducted analyses will form the basis for further research in the field of amendment of regulations on the punishment of hate speech in the Polish and Croatian legal systems.

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Wijaya. « Democratization and Human Rights in Indonesia in the Globalization Era (Legislation Study) ». Dans International Conference on Law, Economics and Health (ICLEH 2020). Paris, France : Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.088.

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Radeva, Maria. « The term Justice in the Bulgarian legislation and the case-law of courts ». Dans The 5th Human and Social Sciences at the Common Conference. Publishing Society, 2017. http://dx.doi.org/10.18638/hassacc.2017.5.1.230.

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Mozhechuk, L. V. « PROTECTING OF THE RIGHT TO PENSION PROVISION : THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS ». Dans LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT PRACTICE : REGULARITIES AND DEVELOPMENT TRENDS. Baltija Publishing, 2020. http://dx.doi.org/10.30525/978-9934-588-92-1-47.

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Kovalenko, V. V. « Features of the search during the investigation of human trafficking ». Dans EUROPEAN POTENTIAL FOR THE DEVELOPMENT OF LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT PRACTICE. Baltija Publishing, 2021. http://dx.doi.org/10.30525/978-9934-26-040-7-55.

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Bobrovnyk, S. V. « Institution of the protection of human rights : the doctrinal level of research ». Dans EUROPEAN POTENTIAL FOR THE DEVELOPMENT OF LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT PRACTICE. Baltija Publishing, 2021. http://dx.doi.org/10.30525/978-9934-26-040-7-1.

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Kochin, Andrey Anatolyevich, et Vera Ivanovna Kovalenko. « Criminal Law Means of Counteracting Illegal Trafficking in Human Organs and Tissues ». Dans VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH ACTIVITIES : PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”. SCITEPRESS - Science and Technology Publications, 2021. http://dx.doi.org/10.5220/0010627200003152.

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Rapports d'organisations sur le sujet "Human body – Law and legislation"

Lewis, Dustin. Three Pathways to Secure Greater Respect for International Law concerning War Algorithms. Harvard Law School Program on International Law and Armed Conflict, 2020. http://dx.doi.org/10.54813/wwxn5790.

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Existing and emerging applications of artificial intelligence in armed conflicts and other systems reliant upon war algorithms and data span diverse areas. Natural persons may increasingly depend upon these technologies in decisions and activities related to killing combatants, destroying enemy installations, detaining adversaries, protecting civilians, undertaking missions at sea, conferring legal advice, and configuring logistics. In intergovernmental debates on autonomous weapons, a normative impasse appears to have emerged. Some countries assert that existing law suffices, while several others call for new rules. Meanwhile, the vast majority of efforts by States to address relevant systems focus by and large on weapons, means, and methods of warfare. Partly as a result, the broad spectrum of other far-reaching applications is rarely brought into view. One normatively grounded way to help identify and address relevant issues is to elaborate pathways that States, international organizations, non-state parties to armed conflict, and others may pursue to help secure greater respect for international law. In this commentary, I elaborate on three such pathways: forming and publicly expressing positions on key legal issues, taking measures relative to their own conduct, and taking steps relative to the behavior of others. None of these pathways is sufficient in itself, and there are no doubt many others that ought to be pursued. But each of the identified tracks is arguably necessary to ensure that international law is — or becomes — fit for purpose. By forming and publicly expressing positions on relevant legal issues, international actors may help clarify existing legal parameters, pinpoint salient enduring and emerging issues, and detect areas of convergence and divergence. Elaborating legal views may also help foster greater trust among current and potential adversaries. To be sure, in recent years, States have already fashioned hundreds of statements on autonomous weapons. Yet positions on other application areas are much more difficult to find. Further, forming and publicly expressing views on legal issues that span thematic and functional areas arguably may help States and others overcome the current normative stalemate on autonomous weapons. Doing so may also help identify — and allocate due attention and resources to — additional salient thematic and functional areas. Therefore, I raise a handful of cross-domain issues for consideration. These issues touch on things like exercising human agency, reposing legally mandated evaluative decisions in natural persons, and committing to engage only in scrutable conduct. International actors may also take measures relative to their own conduct. To help illustrate this pathway, I outline several such existing measures. In doing so, I invite readers to inventory and peruse these types of steps in order to assess whether the nature or character of increasingly complex socio-technical systems reliant upon war algorithms and data may warrant revitalized commitments or adjustments to existing measures — or, perhaps, development of new ones. I outline things like enacting legislation necessary to prosecute alleged perpetrators of grave breaches, making legal advisers available to the armed forces, and taking steps to prevent abuses of the emblem. Finally, international actors may take measures relative to the conduct of others. To help illustrate this pathway, I outline some of the existing steps that other States, international organizations, and non-state parties may take to help secure respect for the law by those undertaking the conduct. These measures may include things like addressing matters of legal compliance by exerting diplomatic pressure, resorting to penal sanctions to repress violations, conditioning or refusing arms transfers, and monitoring the fate of transferred detainees. Concerning military partnerships in particular, I highlight steps such as conditioning joint operations on a partner’s compliance with the law, planning operations jointly in order to prevent violations, and opting out of specific operations if there is an expectation that the operations would violate applicable law. Some themes and commitments cut across these three pathways. Arguably, respect for the law turns in no small part on whether natural persons can and will foresee, understand, administer, and trace the components, behaviors, and effects of relevant systems. It may be advisable, moreover, to institute ongoing cross-disciplinary education and training as well as the provision of sufficient technical facilities for all relevant actors, from commanders to legal advisers to prosecutors to judges. Further, it may be prudent to establish ongoing monitoring of others’ technical capabilities. Finally, it may be warranted for relevant international actors to pledge to engage, and to call upon others to engage, only in armed-conflict-related conduct that is sufficiently attributable, discernable, and scrutable.

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Hart, Tim, J. Mary Wickenden, Stephen Thompson, Gary Pienaar, Tinashe Rubaba et Narnia Bohler-Muller. Literature Review to Support a Survey to Understand the Socio-economic, Wellbeing and Human Rights Related Experiences of People with Disabilities During Covid-19 Lockdown in South Africa. Institute of Development Studies (IDS), février 2022. http://dx.doi.org/10.19088/ids.2022.012.

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COVID-19 pandemic and associated national responses have had ramifications for societies around the world, including South Africa. The marginalisation of people with disabilities is well documented in pre-COVID times, and emerging evidence suggests that the crisis has made this worse, as well as presenting new challenges for people with disabilities. This paper presents a review of published research and grey literature of relevance to the proven or anticipated socio-economic, wellbeing and human right related impacts of COVID-19 on people with disabilities in South Africa and other contexts. Its purpose is to summarise evidence to inform a study on the experiences of South Africans with disabilities during the COVID-19 pandemic and the development of an improved inclusive framework for future management of such crises in South Africa. After a brief introduction, the paper is structured around four main sections. Context is provided by considering COVID-19 and disability both globally and in Africa. Then the literature focused on Humanitarian Disaster Risk Reduction and disability inclusion is discussed. Finally the South African policy and legislation environment on disability and humanitarian action is explored. The review finds that globally there is a limited but growing body of work on COVID-19 and disability. There is a particular dearth of evidence focusing specifically on Africa. The evidence that does exist tends either to be focused on a few particular countries or form part of large global surveys. Much of the global level grey literature published early in the pandemic and subsequently anticipates exacerbated negative experiences for people with disabilities, including exclusion from services, stigma and discrimination and lack of inclusive approaches to relief and support by governments and others. Advisory materials, sometimes focussed on specific subgroups, are generally in agreement about calling for a universally inclusive and disability aware approach to pandemic mitigation across settings and sectors. The limited primary research on COVID-19 and disability is mostly focussed on high income settings and or populations with particular health concerns.

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