scholarly journals Grèce, le prix d'un enfant/ Public Sénat, 7/3/2016. H γαλλική οπτική της ελληνικής παρένθετης μητρότητας: κριτικές επισημάνσεις, θεωρητικές προεκτάσεις

Bioethica ◽  
2017 ◽  
Vol 3 (2) ◽  
pp. 59
Author(s):  
Μαρίνα Μαροπούλου (Marina Maropoulou)
Keyword(s):  
Social Protection ◽  
Legal Protection ◽  
Reproductive Justice ◽  
Surrogate Motherhood ◽  
Legal Form ◽  
Surrogate Mothers ◽  
The Public ◽  
Legal Relation ◽  
Ethic Issue ◽  
Legal Understanding

This paper reassesses surrogate motherhood as a legal category within the practice of bio-medicine, as well as a legal relation within the human family.The current study approaches the legal form of the received Greek legislation concerning gestational surrogate motherhood -the altruistic form of surrogate motherhood (non payment),through a multidimensional perspective.The shortcomings of the law regarding the legal understanding of surrogate mother's contribution and role, the stereotypical views concerning gender roles both within the private and the public domains, as well as the exclusive focus on the protection of the reproductive rights and the parental status of the intended parents result in the inability to identify the surrogate mother within a legal protective frame as mother, working person, citizen. This fact produces and reproduces a vicious circle. Surrogate mothers are recruited from an always already invisible social group, the poor immigrant women.The absence of their legal protection and acknowledgment forces them to remain in this condition of invisibility and secures the continuity of this reproductive labour. The paper also readdresses the surrogate motherhood as a bio-ethic issue, from a critical, gender sensitive viewpoint. It raises the question if this practice transforms the persons who give life into mere, anonymous biological material; it raises questions regarding the extent to which this practice commodifies and appropriates women’s bodies.The paper finally addresses a demand for a more comprehensive reproductive justice and a more inclusive social protection for surrogate motherhood.

scholarly journals Reproductive Rights and Surrogate Motherhood: Legislative, Doctrinal and Bioethical Principles

2020 ◽  
Vol 11 (11) ◽  
pp. 69-73
Author(s):  
Onyshchuk I. I.
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Not Given ◽  
Human Beings ◽  
Surrogate Motherhood ◽  
Surrogate Mothers ◽  
Trafficking In Human Beings

The sphere of reproductive rights is still beyond the scope of a thorough legal analysis, and it is not given due attention in the legal literature. This may be due to the fact that the concept of reproductive rights is new to Ukrainian law and has not yet found its proper place in the general system of law. There is a lack of scientific development in the issue of protection of the rights of the child to birth, trafficking in human beings for the purpose of exploiting surrogate mothers or children born as a result of surrogate motherhood, etc. The purpose of the study is to analyze the legislative, doctrinal and moral aspects of reproductive rights and to identify effective legal measures to improve the legal regulation of surrogate motherhood in Ukraine and the proper legal protection of the child before and after birth. Experimenting with human gene material as a conception in vitro turns children into a commodity. There is an artificial situation in which wealthy men will hire women to provide contracting services to their offspring. It is difficult to disagree that in surrogate motherhood, as in any business, personal financial gain dominates. So, from this point of view, surrogacy is a kind of market and business. The conception of the child is not a right, but an opportunity that is not given to all, but surrogate motherhood turns the child into an "object of economic agreement and contract, a kind of ordering of goods." The child cannot be considered as an object of property. It is unacceptable to consider the practice of surrogacy as ethical. In addition, forced commercial surrogate motherhood falls within the definition of trafficking in human beings. The issue of reproductive technology must be addressed in such a way that the child born as a result of surrogate motherhood does not fall prey to further exploitation. The author concluded that in many countries with a licensing or altruistic regime, many aspects of the use of assisted reproductive technologies and surrogate motherhood remain unregulated. There is no clear understanding of all the principles and standards governing the use of assisted reproductive technologies and surrogacy agreements. In general, the legislation lacks sufficient standards and provisions to protect the rights of parties to surrogacy agreements. The most controversial issues are the rights of the surrogate mother, the expectant parents and the children born as a result of the surrogate motherhood. At the present stage, legal adaptation of society to the development of medicine in the field of reproductive technologies has not yet taken place in Ukraine. Cases such as the birth of several children by surrogate mothers, births of a child with developmental disabilities, birth of a dead child or miscarriage, the need for an artificial interruption of pregnancy according to the medical opinion of doctors, the termination of marriage by genetic parents, the death of one or both parents. Keywords: reproductive rights, surrogacy motherhood, legal regulation, legal protection, embryo, child rights, family, surrogacy agreement.

scholarly journals The Role of Civil Society Organisations in the Slovenian Welfare System during the Transition Period after 1990

Südosteuropa ◽  
2020 ◽  
Vol 68 (2) ◽  
pp. 130-147
Author(s):  
Tatjana Rakar ◽  
Zinka Kolarič
Keyword(s):  
Civil Society ◽  
Social Protection ◽  
Transition Period ◽  
Public Policies ◽  
Welfare System ◽  
Legal Form ◽  
The Public ◽  
Civil Society Organisations ◽  
Relationship Of

AbstractThe authors examine the development of the civil society sector in Slovenia and its role in the country’s welfare system. They emphasise the ‘boom’ in the growth of civil society organisations, notably in the legal form of associations during the 1980s and 1990s. They argue that although civil society organisations rapidly proliferated at this time, they did not become more professionalised or financially stable. In the 1990s, a relationship of complementarity between the public/state and civil society sectors was established in Slovenia’s welfare system, though civil society organisations exerted little influence on public policies directed towards the provision of social protection and other contributions to people’s welfare.

STRATEGY OF LIBERALIZATION AND PROBLEMS OF STATE REGULATION OF AZERBAIJAN ECONOMY

2019 ◽  
Vol 86 (3) ◽  
pp. 139-151
Author(s):  
G. Z. Yuzbashieva ◽  
A. M. Mustafayev ◽  
R. A. Imanov
Keyword(s):  
Economic Growth ◽  
Social Protection ◽  
State Intervention ◽  
Economic Transformation ◽  
State Regulation ◽  
Economic Relations ◽  
The Public ◽  
Private And Public ◽  
Sectoral Development ◽  
Market Relations

The indicators that determine the change in the macroeconomic situation in the economy of Azerbaijan in 2010–2017, as well as the conditions for increasing the effectiveness of state intervention in solving economic problems are analyzed. It is noted that it is not the size of the public sector that becomes important, but its qualitative component (management and redistribution of resources and revenues, coordination of government intervention in economic relations). The main reasons limiting economic growth are identified, and the mechanisms for overcoming them are disclosed, since economic growth is of particular importance in the transformational period of state development. It substantiates the assertion that the forms and methods of state regulation should be the result of a reasonable combination of the private and public sectors of the economy to more effectively achieve the goal of economic development of the country and increase the welfare of the population. To this end, it is advisable to limit the actions of market forces and find a rational ratio of market and government measures that stimulate economic growth and development.It is shown that in the near future the development of the economy of Azerbaijan should be focused on the transition to the integration of various models of economic transformation; at the same time, “attraction of investments” should be carried out by methods of stimulating consumption, and the concept of a socially oriented economy, which the state also implements, should prevail, thereby ensuring social protection of the population and at the same time developing market relations. Disproportions in regional and sectoral development are also noted, which are the result of an ineffective distribution of goods produced, inadequate investment in human capital, a low level of coordination and stimulation of economic growth and development.

MEASURES FOR PREVENTION OF CORRUPTION IN PUBLIC ADMINISTRATION IN R. MACEDONIA

2018 ◽  
Vol 28 (6) ◽  
pp. 1919-1923
Author(s):  
Tatijana Ashtalkoska-Baloska ◽  
Aleksandra Srbinovska-Doncevsk
Keyword(s):  
Public Sector ◽  
Public Administration ◽  
Legal Protection ◽  
The Public ◽  
Republic Of Macedonia ◽  
Modest Contribution ◽  
Serious Crime ◽  
New Strategy ◽  
Main Motive ◽  
The Republic

A number of abuses of power and position, daily committed for acquisition of unlawful profit, beyond of permitted and envisaged legal jobs, starting from the lowest level, to the so-called, daily corruption, which most often is related to existential needs and it acts harmless, not even grow into another form, to one that uses such profits as the main motive for generating huge illegal gains for a longer period of time, by exploiting and abusing high social position, corruption in public sector, but today already in private sector too, are part of corruption in the broadest sense, embracing all its forms, those who do not enter in zone of punishment and those who means committing of serious crime. It has many forms, but due to focusing on a particular problem, as a better way to contribute a solution, this paper will focus on the analysis of corruption in the public administration in the Republic of Macedonia, and finding measures for its prevention and reduction, which we hope will give a modest contribution to its real legal protection, not only in declarative efforts in some new strategy for its prevention and suppression.

scholarly journals The Principle of Sustainable Development as the Basis for Weighing the Public Interest and Individual Interest in the Scope of the Cultural Heritage Protection Law in the European Union

2021 ◽  
Vol 13 (7) ◽  
pp. 3985
Author(s):  
Adam Kozień
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Cultural Heritage ◽  
Public Interest ◽  
Legal Protection ◽  
Individual Interest ◽  
The European Union ◽  
European Union Law ◽  
Environmental Aspect ◽  
The Public

The concept of sustainable development is widely used, especially in social, environmental and economic aspects. The principle of sustainable development was derived from the concept of sustainable development, which appears in legal terms at the international, EU, national and local levels. Today, the value of cultural heritage that should be legally protected is indicated. A problematic issue may be the clash in this respect of the public interest related to the protection of heritage with the individual interest, expressed, e.g., in the ownership of cultural heritage designates. During the research, scientific methods that are used in legal sciences were used: theoretical–legal, formal–dogmatic, historical–legal methods, as well as the method of criticism of the literature, and legal inferences were also used. The analyses were carried out on the basis of the interdisciplinary literature on the subject, as well as international, EU and national legal acts—sources of the generally applicable law. Research has shown that the interdisciplinary principle of sustainable development, especially from the perspective of the social and auxiliary environmental aspect, may be the basis for weighing public and individual interests in the area of legal protection of cultural heritage in the European Union. It was also indicated that it is possible in the situation of treating the principle of sustainable development in terms of Dworkin’s “policies” and allows its application not only at the level of European Union law (primary and secondary), but also at the national legal orders of the European Union Member States.

Stand und Entwicklung des Fachplanungsrechts im Spiegel der jüngeren höchstrichterlichen Rechtsprechung

2020 ◽  
Vol 53 (4) ◽  
pp. 535-574
Author(s):  
Boas Kümper
Keyword(s):  
Environmental Law ◽  
Legal Protection ◽  
European Court Of Justice ◽  
Power Lines ◽  
The Public ◽  
General Law ◽  
Court Of Justice ◽  
European Court ◽  
The Law ◽  
Environmental Relevance

The report surveys in two parts the development of the law on project-related planning and thus relates in particular to the planning and approval of space-consuming infrastructure projects such as traffic routes and power lines. For this purpose, German administrative law has long provided for the specific instrument of plan approval (Planfeststellung). In this context, the Federal Administrative Court has extensive first-instance jurisdiction and uses this to shape large parts of German approval law, including beyond the actual area of plan approval law, be it in terms of legal protection and procedure, be it with regard to the requirements of substantive environmental law. On the other hand, the revision of the law on environmental protection induced by the decisions of the Aarhus Compliance Committee and the European Court of Justice has been used by the German legislator to extend procedural specifics of the plan approval to other approval decisions of environmental relevance. This firstly indicates the contours of a general law on project approval and, secondly, the nature of the plan approval as an instrument for the implementation of projects in the public interest is more strongly emphasized.

scholarly journals Fiduciary Agreement Implementation in Car Credit Agreement on Financing Institutions of Mandiri Finance of Cirebon Based on Act No. 42 of 199 About Fiduciary

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 655
Author(s):  
Ardiansyah Alrawi ◽  
Gunarto Gunarto
Keyword(s):  
Financial Institutions ◽  
Legal Protection ◽  
The Public ◽  
Legal Development ◽  
Freedom Of Contract ◽  
Legal Effect ◽  
The Moment ◽  
Credit Agreement ◽  
The City

The emergence of various institutions today's economy helped spur the economy of the community. But unfortunately the growth of the economic institutions are not supported by an adequate legal development. The presence of various financial institutions helped bring a major role in economic development of society, especially the poor. These financial institutions emerged as a form of providing funds or capital goods for the public to purchase goods on payment in installments or periodically by consumers. Construction consumer finance based on an agreement with the principle of freedom of contract as legal bases for both parties. In practice financing undertaken by financial institutions poured in the form of a credit agreement. In each of providing credit to their customers finance institutions always face a risk, therefore the customer's business situation and developments to be followed continuously starts the moment the credit is given to the loan. As for giving legal protection to the parties in the process of providing collateral (guarantee), then one of them is with the enactment of Law Fiduciary. Implementation of lending followed by a fiduciary assurance processes at financial institutions in the city of Cirebon most important is the legal effect if the Borrower defaults which are expected to creditors (financial institutions) can be easily exercised fiduciary object. Constraints faced in a fiduciary guarantee is as follows: a. Any cost of making a deed by the Borrower felt heavy, incomplete b. Any requirements of the Borrower to elaborate on the type, brand and quality of the fiduciary object, c. The office registration still limited fiduciary, fiduciary registration e. The office could not provide information on everything about the guarantee with the issuance.Keywords: Financing Institution, Credit Agreements, Fiduciary.

scholarly journals The Certainty And Legal Protection To The Buyer's Auction Of The Mortgage Right Object On Online Auctions At The Service Of Wealth State Office And Auction (KPKNL)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 481
Author(s):  
Arif Budi Pamungkas ◽  
Djauhari Djauhari
Keyword(s):  
Research Method ◽  
Online Auctions ◽  
Legal Protection ◽  
Legal Certainty ◽  
Legal Research ◽  
The Public ◽  
State Office ◽  
The Law ◽  
The Right ◽  
The Way

An auction is an activity of selling of goods in public by means of a verbal-bid to get the higher price or to get lower prices and the price quote can be done in a closed and written. This is done by the way of collecting the prospective buyers of the auction led by officials of the auction. In this case, the intended auction was the sale of goods that are held publicly. The auction, according to the regulations of security right, is when the debtor made a breach, the holder of the security rights have the right to sell the security rights’ objects over its own power through a public auction as well as taking payment of account receivable from the sale proceeds. An auction is an alternative to the sale of an undertaken asset by way of inviting prospective buyers at a particular time and place in which the last highest bidder in writing or orally is determined as the winner. The author used socio-legal research as his research method. To meet the forth standards set by the law, the auction should be widely announced to the public, either through printed file, electronic or visual. A legal certainty as a basis which concerned with propriety and justice is very closely related to the principle of auction sales in another. As the formulation of the problem of the form of identification of the problem, namely how the legal protection of the auction buyers encountered the obstacles as well as the solution.Keywords: Auction; Legal Protection; Mortgage Right

scholarly journals Os Dois Lados da Mesma Moeda: Urbicídio e Juvenicídio na Realidade Brasileira

ILUMINURAS ◽  
2018 ◽  
Vol 19 (47) ◽  
Author(s):  
Giovane Antonio Scherer ◽  
Marco Pereira Dilligenti ◽  
Ricardo Souza Araujo
Keyword(s):  
Young People ◽  
Social Protection ◽  
Public Policies ◽  
The Other ◽  
Right To The City ◽  
The Public ◽  
Resistance Movements ◽  
The Social ◽  
The City ◽  
Two Sides

O  presente artigo articula dois fenômenos aparentemente  distintos, o Urbicídio e o Juvenicídio, enquanto expressões da crise estrutural do capital., que se agrava no Brasil e nos demais países dependentes no atual quadro. A cidade é palco de um modelo neoliberal que segrega a classe trabalhadora dos direitos acessados nos grandes centros urbanos, sendo as periferias desprovidas de equipamentos públicos. As juventudes, mesmo que legalmente reconhecidas comosujeito de direitos, são vítimas da  ausência  de políticas sociais, principalmente nas periferias, territórios violados pelo Estado Penal. As políticas públicas até então constituídas promovem ações limitadas focadas no recrutamento de jovens no mercado de trabalho desassociadas de políticas públicas de proteção social básica, cada vez mais precarizadas. No entanto, as juventudes, plenas de potencialidades, podem protagonizar movimentos de resistência a este projeto societário, que exclui, encarcera e mata.Palavras-Chave: Juventudes, Território, Juvenicídio, Urbicídio THE TWO SIDES OF THE SAME COIN: Urbicide and Youthicide in Brasilian Reality.Abstract: The present article discuss two apparently distinct phenomena, Urbicide and Youthicide, as expressions of the structural crisis of capital, which is aggravated in Brazil and in the other dependent countries in the present conjuncture. The city is the stage of a neoliberal model that segregates the  working class, without right to the city  and  the social services.The youth, even if legally recognized as subject of rights, are victims of the absence of social policies, mainly in the peripheries, territories violated by the Criminal State. The public policies e promote limited actions focused on the recruitment of young people in the labor market disassociated with public policies of basic social protection, increasingly precarized. However, youths, full of potentialities, can carry out resistance movements to this project which excludes, imprisons and kills.Keywords: Youth,Territory,Youthcide, Urbicide

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