Ethical and Legal Aspects in Biomedical Research Involving Human Beings

Author(s):  
Toader Elena ◽  
Damir Daniela ◽  
Toader Ionut Alexandru
2013 ◽  
Vol 62 (4) ◽  
Author(s):  
Carlo Casini ◽  
Marina Casini

Dopo vivacissisimi dibattiti e diverse decisioni giudiziarie, il Parlamento irlandese ha approvato nel luglio 2013 la legge sull’aborto Protection of Life During Pregnancy Act (2013) che però non ha fatto cessare le discussioni né sopito le inquietudini. Il contributo, supportato da un’ampia documentazione, si muove contemporaneamente su tre piani: vengono esaminati i profili giuridici (costituzionali, referendari, legislativi e giurisprudenziali) della storia dell’aborto in Irlanda, evidenziando gli aspetti che rendono peculiare la vicenda irlandese rispetto a quella degli altri Paesi europei; affronta la questione dello statuto giuridico dell’embrione umano nell’ordinamento irlandese sia nell’ambito dell’aborto, sia in quello della fecondazione artificiale (diffusa nella prassi e legittimata dalla giurisprudenza); offre interpretazioni e prospettive concrete per tutelare la vita umana sin dal momento della fecondazione in un contesto che, invece, tende a sottrarre la protezione nei primi 14 giorni di vita dell’embrione umano. One of us, l’iniziativa dei cittadini europei, promossa sulla base del Trattato di Lisbona, si presenta come una straordinaria occasione per svolgere un ruolo di contenimento delle possibili derive negative della legge recentemente approvata e per mantenere nella società la consapevolezza che la dignità umana è uguale per tutti gli esseri umani, così tutti, sin dal concepimento, sono titolari del diritto alla vita. I cittadini irlandesi potrebbero confermare con la vastità delle adesioni a “Uno di noi” la stessa volontà manifestata nei referendum del 1983, del 1997 e del 2002: “lo Stato riconosce il diritto alla vita del bambino che deve nascere”. ---------- After several lively debates and judicial decisions, the Irish parliament passed a law on abortion in July 2013 Protection of Life During Pregnancy Act (2013) which, however, has not put an end to the discussion or calmed anxieties. The contribution, supported by extensive documentation, moves simultaneously on three levels: 1. examining the legal aspects (constitutional, referendums, legislation and judicial decisions) of abortion’s history in Ireland highlighting those that make that history unique compared to other European countries; 2. dealing with the question of the legal status of the human embryo into the Irish legal system regarding both abortion, and artificial insemination (widely practiced and legitimized by law); 3. offers interpretations and concrete prospects for protecting human life from the moment of fertilization in a context which, however, tends to deprive human life of protection in the first 14 days of life. One of us, the European citizens’ initiative, promoted on the basis of the Treaty of Lisbon, is presented as an extraordinary opportunity to play a role in limiting the possible negative tendencies of the law recently passed and to maintain awareness in society that human dignity is the same for all human beings. So everyone, from conception, is entitled to the right to life. In particular, One of us gives Irish citizens the great chance to confirm the same desire expressed in the referenda of 1983, 1992 and 2002 – “The State acknowledges the right to life of the unborn child” – by signing in great numbers the “One of Us” citizen’s initiative.


2011 ◽  
Vol 21 (1) ◽  
pp. 40-50 ◽  
Author(s):  
GERT HELGESSON

Proper procedures for informed consent are widely recognized as an ethical requirement for biomedical research involving human beings, in particular as a means to respect the autonomy and personal integrity of potential and actual research participants.


2016 ◽  
Vol 1 (1) ◽  
pp. 75
Author(s):  
Nikolin Hasani

Human trafficking has emerged as a negative phenomenon, with a large multiple social risks, primarily based on human rights violations practices, on the continuous victimization of people and the denial of human dignity. Economic recession, cultural and rural families, tin heterogeneity of the urban population are also other factors which facilitate domestic trafficking. Albania's geographical position at the external borders of the EU is a mitigating factor for Albanians and other populations in the region to move towards Europe illegally. The aim of this paper is to presents the legal aspects of trafficking in human beings in Albania after the communism regime.


2019 ◽  
Vol 28 (1) ◽  
pp. 91
Author(s):  
Wojciech Konaszczuk

<p>Globally, it is worth stressing that international law, European law and national laws must fulfill the same standards, considering the human rights laws. Since the end of the Second World War, the sphere of international human rights law, including the set of rights of human beings, increased tremendously. In the sphere of human rights, the set of refugees’ rights is one of the most important. On the other hand, the sphere of human rights since September 11 had to face the problems of security on a global scale. Today, security impacts the governments, international organizations, NGOs as well as human beings. Let us say that security influences both local and global policy. From this point of view, the article analyzes an important question: Is the human rights system able to function properly with the growing lack of security both in international and regional relations? Can the European Union and its Member States afford total acceptance of international refugee rights regulations referring to African natives? The article refers to the facts from the last few years which totally changed the attitude to human rights laws. It seems that today international organizations such as the United Nations and its specialized agencies should again work on the system of human rights referring to refugees, including legal aspects of counterterrorism. The author also takes into account the necessity of cooperation between the governments in a wider scale, including mutual cooperation and legal activity.</p>


2019 ◽  
pp. 165-184
Author(s):  
Dorota Krekora-Zając

Legal issues related to the biobanking of human biological samples are one of the extremely important areas of European law. Biobanks created in Poland as well as the Polish Biobank Network created under the auspices of the Ministry of Science and Higher Education have become a catalyst for the search for solutions and the basis of rights for the functioning of biobanks in Poland as well as the protection of donor rights. Undoubtedly, the lack of legal regulation of biobanks and biomedical research on human biological samples could become a significant problem limiting the development of biobanking and conducting scientific research in Poland. The research attempts to show how representatives of the doctrine of law, bioethics and sociologists have interpreted the principles and standards of biobank operation in Poland from basic human rights, constitutional norms and personal rights.


2016 ◽  
Vol 12 (35) ◽  
pp. 483
Author(s):  
Lasha Kukhianidze

The paper deals with the legal aspects of the problems of labor migration and human trafficking, its causes and factors, the trafficking scale. When considering economic causes we refer to the demand for low-cost labor, as a characteristic factor of globalization, which in turn, greatly effects the international labor migration and is one of the root causes of human trafficking. In the analysis of the social causes the focus is mainly made on the low-pay employment or lack of working conditions.


2020 ◽  
pp. 41-52
Author(s):  
Liliia Timofeieva

The article deals with the issues of environmental safety and its provision in the context of European integration. It is emphasized that environmental problems do not know borders and are geopolitical in nature. Failure to comply with environmental safety conditions can have grave consequences, including those that are known to history. Specifically, sustainable development issues related to overcoming the consequences of the 1986 Chernobyl disaster. The issues of environmental safety, the relationship between the economy, business and the environment, as well as the issue of measures to influence environmental crimes and offenses from various angles have been addressed in the literature. However, the issue of environmental safety in the context of European integration, and in particular in the current conditions of emergency, needs further researching. It is emphasized that the problem is in particular the interaction of society, the state and human with the environment and ensuring security and harmony in such interaction in the context of European integration. The purpose of the work is to optimize the legislation in terms of measures to influence offenses against the environment. A person should take care not only of himself, but also of other people and the environment. It is justified that environmental care should not be guaranteed by the cost of living and human health. Business and financial benefits, power cannot be more important than human life and health, because such activities often lead to environmental pollution. In today’s context, it is important that human rights do not contradict the idea of social naturalism (O.M. Kostenko). Often, modern human rights violate environmental security. It has been found that it is important to strike a balance between human beings, society, the state and the environment in ensuring human rights. In addition, it is concluded that a combination of environmental, administrative, criminal and disciplinary responsibility, as well as the application of mediation and other alternative practices aimed at conflict resolve, is important in responding to environmental offenses.


Teisė ◽  
2019 ◽  
Vol 113 ◽  
pp. 64-79
Author(s):  
Justyna Levon ◽  
Donatas Murauskas

The Criminal Code of the Republic of Lithuania establishes criminal liability for prohibited biomedical research involving human beings or human embryos. This paper examines the historical origins and development of criminal liability for biomedicial research within the Lithuanian legal framework. Consideration is given as to what legal virtues (goods) are at risk when prohibited biomedical research is conducted. In this context, the authors discuss issues related to the structure of legal rule imposing criminal liability for prohibited biomedical research in Lithuania.


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