scholarly journals Principles of art in Serbian and European laws and stands of Christian orthodox church on art

2014 ◽  
pp. 737-746
Author(s):  
Gordana Kovacek-Stanic
Keyword(s):  
Human Rights ◽  
Orthodox Church ◽  
Human Being ◽  
Donor Insemination ◽  
European Law ◽  
Family Status ◽  
Surrogate Motherhood ◽  
Positive Law ◽  
The Family ◽  
Assisted Fertilization

In Serbia, Biomedically Assisted Fertilization is regulated by the Act on Treatment of Infertility with Biomedically Assisted Fertilization Procedures from 2009, and by the Family Act from 2005, the provisions on the family status of the child. In European context, the principles of the application of biology and medicine are regulated by the Council of Europe Convention from 1997 for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine (Convention on Human Rights and Biomedicine). In this paper, Serbian law is compared with European law as well as the stands of Christian Orthodox Church which represents the dominant religion in Serbia. Comparison of principles stipulated in the Act and the Convention with the stands of the Christian Orthodox Church shows that domestic law, European law and stands of Christian Orthodox Church are based on similar grounds. It is the protection of human being, human dignity, and application of principle of medical justification. However, there is great difference of opinions when the question of acceptable and allowed procedures is raised. For example, there is an opinion that donor insemination is not in compliance with Christian Orthodox stands. On the contrary, positive law accepts donor insemination, both sperm and egg donations. As regards the surrogate motherhood, this is unacceptable for Orthodox Church and it is still not allowed in Serbia, but de lege ferenda it might be permitted in Serbia, as the Draft of Civil Code proposes that surrogate motherhood should be permitted and regulated by a new law.

scholarly journals Human Rights and Human Nature

2016 ◽  
Vol 28 (4) ◽  
pp. 523-534
Author(s):  
Jean Rhéaume
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
Natural Law ◽  
Historical Context ◽  
Human Being ◽  
Positive Law

At least two important consequences follow from the fact that human rights are based on human nature. First, they exist according to natural law even in cases where positive law does not recognize them. Secondly, they cannot evolve because the nature and purpose of the human being does not change: only their formulation and level of protection in positive law can vary according to the socio-historical context.

scholarly journals Pembaruan Maslaḥah dalam Maqāṣid Al- Sharī‘ah: Telaah Humanistis tentang Al-Kulliyyāt Al-Khamsah

ULUMUNA ◽  
2017 ◽  
Vol 16 (1) ◽  
pp. 103-124
Author(s):  
Zaenuddin Mansyur
Keyword(s):  
Human Rights ◽  
Human Resources ◽  
Islamic Law ◽  
Legal Reform ◽  
Social Solidarity ◽  
Freedom Of Religion ◽  
Human Being ◽  
Human Rights Abuses ◽  
Social Disintegration ◽  
The Family

In order to answer a variety of issues faced by human being in the current era, such as human rights abuses, social disintegration, and terrorism, the renewal of Islamic law in the level of theoretical and practical aspects is very urgent. This paper aims to examine one of the Islamic legal reform efforts, namely to build a more technical understanding of the concept of maṣlaḥah contained in the maqāṣīd sharī‘ah, called the al-kulliyat al-khamsah. Therefore, the concept of maṣlaḥah in ḥifẓ al-dīn is technically defined as al-ḥurriyah al-i‘tiqād (freedom of religion and schools); in ḥifẓ al-nafs as al-karamat al-insān (human being breeding); in ḥifẓ al-nasl as ḥifẓ al-usrah (wholeness and harmony of the family); in ḥifẓ al-māl as al-taḍammun al-insān (social solidarity ), and in ḥifẓ al-‘aql as al-ḥuqūq as al-tarbiyāt (increasing human resources quality).

scholarly journals Anak dan Dunia Pers

2016 ◽  
Vol 3 (3) ◽  
Author(s):  
Ade Irma Imamah
Keyword(s):  
Human Rights ◽  
Sexual Exploitation ◽  
Commercial Sexual Exploitation ◽  
Human Being ◽  
Next Generation ◽  
The Family ◽  
Technological Developments ◽  
The Individual ◽  
Human Rights Violation

Children as God's creatures have basic human rights or rights sincebirth, that is guarantee to grow flower completely, whether physical, mental andsocial, and noble character. Therefore it is necessary to safeguard and realize itswelfare by guaranteeing the fulfillment of its rights, so that no human being or anyother party can deprive the child's rights. Trafficking of girls for sexual purposes,hereinafter abbreviated as ESKA (Commercial Sexual Exploitation of Children), is avery detrimental action to the individual victims, the family, the community, and is aform of human rights violation, especially on the dignity of the child and thedevelopment of the next generation. Nevertheless, with the increasinglysophisticated and vast technological developments, children are faced with all theconveniences that impact positive and negative possibilities. DOI: 10.15408/sjsbs.v3i2.7858

scholarly journals Family as a General Legal Structure

Lex Russica ◽  
2020 ◽  
pp. 21-33
Author(s):  
N. N. Tarusina
Keyword(s):  
Gender Diversity ◽  
General Definition ◽  
Traditional Values ◽  
Family Status ◽  
Surrogate Motherhood ◽  
Legal Structure ◽  
The Family ◽  
Russian Law ◽  
Court Proceedings ◽  
Family Code

The paper is devoted to facilitation of essential features of the family, which could be the basis for its legal definition in the Family Code of the Russian Federation as a a general legal type concept. The author has analyzed different civilistic doctrinal approachers to such a possibility (impossibility), highlighted different variations of family unions, demonstrated problematic aspects of their legal existence or pretences for existence on the basis of parenthood when paternity is established in court proceedings, minor parenthood, surrogate motherhood, etc., as well as on the basis of a far from impeccable ground of gender diversity. The author notes the contradictory positions of the Russian law-maker regarding this matter: relying on traditional values, the latter, of course, does not tend to legalize unions between people with unconventional sexual orientation, but in some cases it seems to condone the opposite without establishing the legal effects of the acts and statements. In conclusion, on the basis of the assumptions developed under the family doctrine, the author proposes a composition of essential and legally significant features of the family, which will allow to design its general definition. As an assumption, the author suggests that one can be guided by the following draft definition: the family is an association of citizens who have a legal relationship regulated under family law (on the basis of marriage, parenthood and childhood, kinship, affinity, custody and/or guardianship, foster parenthood, adoption, dependance, etc.), live together and lead common household, have rights and obligations corresponding to thier family status; family membership is retained in case of temporary separation for good reasons.

scholarly journals PERLINDUNGAN HUKUM PERSAMAAN HAK ASASI PEREMPUAN DALAM MENINGKATKAN PEREKONOMIAN INDONESIA

to-ra ◽  
2018 ◽  
Vol 3 (3) ◽  
pp. 639
Author(s):  
Wiwik Sri Widiarty
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Human Being ◽  
Female Labor ◽  
Family Economy ◽  
The Family ◽  
Women’S Human Rights ◽  
Investment Law ◽  
Labor Violence ◽  
Women's Human Rights

  Abstract The struggle of women in achieving equality and justice has been carried out long ago, whether in the economic, social, cultural, and political aspects, in fact it has not been able to raise the dignity of women to be equal to men. Various laws and regulations governing women's rights include those implied in the Convention on Elimination of All Forms Discrimination Againts Women (CEDAW), namely the rights possessed by a woman, both because she is a human being and as a woman. Even though CEDAW has been rati ed, there are still discriminatory regulations, such as the Investment Law, Marriage Law, the Law on Placement and Protection of Overseas  Workers, the Citizenship Act, and other Regional Regulations. Therefore, legal protection of women's human rights is very important, for women whose rights have been violated, especially since there are many cases of female labor violence working to help improve the family economy abroad.     Keywords: legal protection; women's human rights; female labor violence .  

scholarly journals Human Dignity and Its Premises in the Pandemic Crisis

2021 ◽  
Vol 8 (2) ◽  
pp. 01-14
Author(s):  
Gabriela Nemțoi
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Public Law ◽  
Moral Principle ◽  
Human Being ◽  
Philosophical Hermeneutics ◽  
Legal Recognition ◽  
Positive Law ◽  
Moral Content

Human dignity is a component that is part of the quality of existing as a human being even if the latter is the product of creationism or evolutionism. In its content, dignity is the carrier of complex scientific valences, combining the philosophical-religious paradigm with the legal one. In this context, the literature presents human dignity as an aspect traditionally associated with the division of public law, which evokes a super-positive reality, synthesizing elements of religion, ethics and morals located in a position superior to positive law, orienting the latter. The modern meaning given to human dignity oscillates between the illustrative character and the prescriptive character being constituted, in a complex sense, by the fusion between the moral content and the coercive right (Habermas, 2010, pp. 464-480) and, from another perspective, a stable notion that presupposes an objective moral principle that makes possible the legal recognition of human rights. The inability to include human dignity as a right in a unitary conceptualization leads, first of all, to the vast philosophical hermeneutics that is implicit in the discourse on dignity.

scholarly journals Rozważania dotyczące pojmowania sprawiedliwości

2021 ◽  
Vol 30 (2) ◽  
pp. 139
Author(s):  
Wojciech Dziedziak
Keyword(s):  
Human Rights ◽  
Social Life ◽  
Natural Rights ◽  
Legal Obligation ◽  
Human Being ◽  
Natural Justice ◽  
Positive Law ◽  
The Social ◽  
Point Of Departure

<p>The article has addressed the problem of understanding justice. The traditional formula “to render to everyone his own” (<em>suum cuique tribuere</em>) was taken as the point of departure. The discussion leads to the conclusion that natural justice applies to every person, and that every person is entitled to natural, innate, fundamental human rights. The traditional formula with regard to law should be understood as a principle-norm, a principle of law that imposes an obligation to render to everyone what is due. It is the duty of authorities (which manage the social life) to implement this obligation. The innate natural rights enshrined and safeguarded in positive law will be combined with the statutory, precise, strengthened norms of this law, and thus enhanced (since it is a natural obligation, a moral and legal obligation, of the human being not to violate these natural rights) with the prohibition of violating them by others.</p>

Universal declaration of human rights as a source of universal international legal standards of human rights

2020 ◽  
pp. 36-42
Author(s):  
Uliana Kuzenko
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Universal Declaration ◽  
Human Being ◽  
Legal Basis ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Legal Standards ◽  
International Human

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.

Need of Human Rights as a Better Way of Life

Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian
Keyword(s):  
Human Rights ◽  
Basic Needs ◽  
Research Paper ◽  
Human Being ◽  
Way Of Life ◽  
Labour Unions ◽  
The People ◽  
The Subject ◽  
Definition Of ◽  
Made In

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.

The Right to Avoid Procreation and the Regulation of Pregnancy

2020 ◽  
Author(s):  
Janne Rothmar Herrmann
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Perspective ◽  
Legal Basis ◽  
Moral Obligations ◽  
Men And Women ◽  
European Consensus ◽  
The Family ◽  
The Right

This chapter discusses the right to avoid procreation and the regulation of pregnancy from a European perspective. The legal basis for a right to avoid procreation can be said to fall within the scope of several provisions of the European Convention on Human Rights (ECHR), an instrument that is binding for all European countries. Here, Article 12 of the ECHR gives men and women of marriageable age the right to marry and found a family in accordance with the national laws governing this right. However, Article 12 protects some elements of the right not to procreate, but for couples only. The lack of common European consensus in this area highlights how matters relating to the right to decide on the number and spacing of children touch on aspects that differ from country to country even in what could appear to be a homogenous region. In fact, the cultural, moral, and historical milieus that surround these rights differ considerably with diverse national perceptions of the role of the family, gender equality, religious and moral obligations, and so on.

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