scholarly journals Prawa i godność człowieka we współczesnej bioetyce

2004 ◽  
Vol 2 (1) ◽  
pp. 189-212
Author(s):  
Wojciech Bołoz

In contemporary bioethics dominate two trends dealing with two basic ethical solutions. First of them is utilitarianism concerning utility as a criterion of judging between what is right and what is wrong. The second trend applies to human rights and human dignity, which are to be obeyed without any exceptions. Utilitarianism protects the strong and prosperous people in society and excludes those who are weak and not capable of independent life. The concept of human dignity protects each and every human being including the weakest ones. It is therefore characterized by real humanitarianism. In addition, it has one more outstanding virtue; in the contemporary world, it is the most widespread and understandable ethical code. It enables people of different civilizations to communicate with understandable ethical language. In the world constantly undergoing global processes, it is a great value. Although there are a number of discussions concerning the way of understanding human dignity and human rights, their universal and ethical meaning; there are certain international acts of law concerning biomedicine that support the concept of human dignity as the most adequate concept for the contemporary bioethics. As an example, the European Convention on Bioethics can be taken. The article includes the most significant topics concerning understanding, history, and application of law and human dignity in bioethics.

2008 ◽  
Vol 24 (2) ◽  
pp. 569-597 ◽  
Author(s):  
Abdullah al-Ahsan

Human dignity is the recognition and respect of human need, desire and expectation one individual by another. This recognition is indispensable because no human being survives alone: Human dignity creates the foundation of society and civilization. Our knowledge of history suggests that religious ideas have provided this basic foundation of civilization. Describing the first recognized civilization in history one historian says, “Religion permeated Sumerian civic life.” According to another historian, “Religion dominated, suffused, and inspired all features of Near Eastern society—law, kingship, art, and science.” Based on these observations while defining civilization Samuel Huntington asserts, “Religion is a central defining characteristic of civilizations.”In Islam, the Qur’an declares that: “We have bestowed dignity on the progeny of Adam.” The verse then continues to remind the whole of mankind of God's special favor unto them with physical and intellectual abilities, natural resources and with superiority over most other creatures in the world. This dignity is bestowed through God's act of creating Adam and breathing into him His Own Spirit. Since all human beings originated from Adam and his spouse, every single human being possesses this dignity regardless of color, race, religion and tribe. The whole of mankind, as khalīfah (vice-resenf) is responsible for establishing peace on earth through divinely ordained values such as amānah (trust), ‘adālah (justice) and shūra (consultation).


wisdom ◽  
2018 ◽  
Vol 11 (2) ◽  
pp. 33-41
Author(s):  
Tatevik Pirumyan

The article presents an analysis of the principles of human dignity and human rights from the viewpoint of bioethics, describes the development and modifications of the concepts of “human dignity” and “human rights” in different historical stages. The main purpose of the article’s detailed observation is a complete and true perception of the problems of human dignity and human rights in the contemporary globalized world. To implement the above-mentioned aim, the paper deals with different international conventions and declarations: Convention for the Protection of Human and Dignity of the human Being with regard to the Application of Biology and Medicine: Convention of Human Rights and Biomedicine, European Convention on Human Rights, Human Rights and Biomedicine: The Oviedo Convention and its Protocols, The Nuremberg Code, The UNESCO Universal Declaration on Bioethics and Human Rights, Universal Declaration of Human Rights, WMA Declaration of Geneva, WMA Declaration of Helsinki and WMA Declaration of Lisbon on the rights of the patient.


2016 ◽  
Vol 65 (4) ◽  
pp. 771-789 ◽  
Author(s):  
The Rt Hon Lady Justice Arden

Human rights are one of the great ideas of the twentieth century. After World War II, first Eleanor Roosevelt in relation to the Universal Declaration of Human Rights (‘the Universal Declaration’), and then later the drafters of the European Convention on Human Rights (‘the European Convention’) saw human rights as the way to make the world fairer and safer.


Author(s):  
Lisa Rodgers

‘Ordinary’ employment contracts—including those of domestic servants—have been deemed to attract diplomatic immunity because they fall within the scope of diplomatic functions. This chapter highlights the potential for conflict between these forms of immunity and the rights of the employees, and reflects on cases in which personal servants of diplomatic agents have challenged both the existence of immunity and the scope of its application. The chapter examines claims that the exercise of diplomatic immunity might violate the right to a fair trial under Article 6 of the European Convention on Human Rights and the way in which courts have dealt with these issues. The chapter analyses diplomats’ own employment claims and notes that they are usually blocked by the assertion of immunity, but also reflects on more recent developments in which claims had been considered which were incidental to diplomatic employment (eg Nigeria v Ogbonna [2012]).


Author(s):  
Jennie Edlund ◽  
Václav Stehlík

The paper analyses the protection granted under Article 8 of the European Convention of Human Rights for different immigration cases. The way the European Court of Human Rights determines compliance with Article 8 for settled migrants differs from the way the Court determines compliance for foreign nationals seeking entry or requesting to regularize their irregular migration status. The paper argues that the European Court of Human Rights application of different principles when determining a States’ positive and negative obligations is contradicting its own case law. It also argues that the absence of justification grounds for the refusal of foreign nationals who are seeking entry lacks legitimacy. By treating all immigration cases under Article 8(2) the paper suggests that the differentiation between cases should be based on how a refusal of entry or an expulsion would impact on the family life. The paper also suggests that more consideration should be given towards the insiders interests when balancing the individual rights against the state's interests. These changes would lead to a more consistent and fair case law and generate a more convergent practice by the states which will increase the precedent value of the Court's judgements.


2018 ◽  
Vol 9 (5) ◽  
pp. 9-17
Author(s):  
Eric Che Muma

Abstract Since the introduction of democratic reforms in post-independent Africa, most states have been battling corruption to guarantee sustainable peace, human rights and development. Because of the devastating effects of corruption on the realisation of peace, human rights and sustainable development, the world at large and Africa in particular, has strived to fight against corruption with several states adopting national anti-corruption legislation and specialised bodies. Despite international and national efforts to combat corruption, the practice still remains visible in most African states without any effective accountability or transparency in decision-making processes by the various institutions charged with corruption issues. This has further hindered global peace, the effective enjoyment of human rights and sustainable development in the continent. This paper aims to examine the concept of corruption and combating corruption and its impact on peace, human rights and sustainable development in post-independent Africa with a particular focus on Cameroon. It reveals that despite international and national efforts, corruption still remains an obstacle to global peace in Africa requiring a more proactive means among states to achieve economic development. The paper takes into consideration specific socio-economic challenges posed by corruption and the way forward for a united Africa to combat corruption to pull the continent out of poverty, hunger and instability, and to transform it into a better continent for peace, human rights and sustainable development.


Author(s):  
Hartini Selian ◽  
Jumino Suhadi ◽  
M. Manugeren

Abstract This study is about heroism in the novel The Jungle Book by Rudyard Kipling. There are three points of discussion under this title: giving protection, defending rights and gratitude. Defending rights is associated with heroic deeds. A hero is a random citizen that rises to an occasion and performs an action of superhero proportions. Gratitude implies thankfulness or an appreciation of benefits conferred together with a desire, when practicable, to return those benefits. Defending rights is tied to human rights which are universally applicable to one and all. These are the significant components of heroism. One of the relevant and outstanding modern theories of heroism applied here is proposed by Gibbon (2009) stating that hero is just an average man who fights to solve a common problem in today’s society. The study is conducted with Descriptive Qualitative Method proposed by Haughman (2009) in which he states that Qualitative research is a form of social inquiry that focuses on the way people interpret and make sense of their experiences and the world in which they live. Kipling leads children down the jungle path into adventures beyond their day to day imagining and along the way he shows the value of ‘doing for yourself', of 'learning who to trust'. The result shows that heroism is highlighted through the major characters and the conclusive points are some of the significant characters such as Mowgli, Father Wolf, Mother Wolf, Hathi, and Bagheera have done heroic deeds. Their heroism is presented in the forms of giving protection, defending rights and gratitude. Keywords: heroism, human rights, gratitude


Author(s):  
José Gomes André ◽  

This paper is concerned with the political philosophy of Richard Price, analysing the way this author has developed the concept of liberty and the problem of human rights. The theme of liberty will be interpreted in a double perspective: a) in a private dimension, that sets liberty in the inner side of the individual; b) in a public dimension, that places it in the domain of a manifest action of the individual. We will try to show how this double outlook of liberty is conceived under the optics of a necessary complementarity, since liberty, which is primarily understood as a feature of the subject taken as an individual, acquires only a full meaning when she becomes efective in a comunitary field, as a social and political expression. The concept of human rights will appear located in this analysis, being defined simultaneously as condition and expression of the human dignity and happiness, at the same time natural attributes of an individual that should be cultivated and public effectiveness that contributes to the development of society.


Author(s):  
Rhona K. M. Smith

This chapter examines the regional organizations with jurisdiction over human rights in Europe, focusing on the Council of Europe, and describes relevant work of the European Union and the Organization for Security and Cooperation in Europe. It highlights the success of the Council of Europe in developing a system which ensures the protection of basic human rights through a judicial mechanism, and concludes that the European Convention on Human Rights has matured into the most sophisticated and effective human rights treaty in the world.


Sign in / Sign up

Export Citation Format

Share Document