scholarly journals Una nuova riflessione sul significato dell’obiezione di coscienza alla luce di una sentenza ingiusta Nota a Cass. n. 14979 del 2 aprile 2013

2013 ◽  
Vol 62 (2) ◽  
Author(s):  
Carlo Casini ◽  
Marina Casini
Keyword(s):  
Surgical Intervention ◽  
Causal Link ◽  
Conscientious Objection ◽  
Self Determination ◽  
International Level ◽  
Focus Attention ◽  
The Supreme Court ◽  
The Difference ◽  
The Moment ◽  
The Right

Il contributo esamina la sentenza della Corte Suprema di Cassazione n. 14979 del 2013 che ha per tema l’obiezione di coscienza all’aborto. Nella fattispecie, un medico ginecologo viene pesantemente condannato per aver fatto valere il suo diritto di sollevare obiezione di coscienza (previsto dalla legge 194/1978) per attività che secondo i giudici non sono coperte dall’obiezione di coscienza. Nella prima parte dell’articolo, gli Autori muovono osservazioni critiche riguardo alla particolare severità della sentenza e riportano la ricostruzione dei fatti così come emerge dalle indagini giudiziarie. Di seguito concentrano l’attenzione sul significato e l’estensione del concetto di intervento medico- chirugico in generale e abortivo in particolare, osservando che nella misura in cui un’attività, sebbene non rientrante nel “nucleo” dell’intervento, è programmata dall’inizio come fase conclusiva (tanto che se non vi fosse la certezza di effettuarla, non potrebbe neanche iniziarsi l’intervento) tale attività è parte integrante dell’intervento stesso e dunque, trattandosi di aborto, coperta da obiezione di coscienza. Rilevante ai fini di questa valutazione è l’evidente nesso di causalità che tiene in un tutto unitario i vari momenti che si susseguono cronologicamente. La questione squisitamente giuridica della revoca immediata dell’obiezione viene risolta alla luce della differenza tra l’eventuale accettazione preventiva e l’esecuzione dell’ordine imprevisto. L’aspetto comunque più significativo è legato all’interrogativo che fa da cornice a tutto il contributo: perché tanta avversione contro l’obiezione di coscienza sanitaria con riferimento all’aborto? La risposta si trova nella negazione esplicita o implicita, ma anche nella semplice dimenticanza, che il figlio è figlio sin dal momento del concepimento. “Il diritto di aborto – si legge nella sentenza della Cassazione – è stato riconosciuto come ricompreso nella sfera di autodeterminazione della donna”. Questo pensiero, sottolineano gli Autori, è espressione di una deriva che, avviatasi con la sentenza costituzionale del 1975, avanzata con la legge 194/1978 e gravemente consolidatasi con la pretesa del “diritto” di aborto, nasce dal rifiuto di porre lo sguardo sul figlio concepito e, di conseguenza, avversa l’obiezione di coscienza. Per questo c’è ancor più bisogno di ripetere, concludono gi Autori, che il fondamento e la tutela dell’obiezione di coscienza dipendono dal riconoscimento che il concepito è uno di noi. Interessanti anche gli spunti giuridici di livello internazionale. ---------- The article examines the judgement of the Supreme Court of Cassation n. 14979 of 2013 about conscientious objection to abortion. In this case, a gynecologist was heavily condemned for having asserted his right to raise conscientious objection (provided by Law 194/1978) for activities that according to the judges are not covered by the conscientious objection. In the first part of the article, the Authors criticize the particular severity of the sentence and report the reconstruction of the events emerging from the judicial investigations. Afterward they focus attention on the meaning and the extension of the concept of surgical intervention to understand what the boundaries are of an abortion. Whether a final activity is planned from the outset (so that if it were not sure to perform it, the intervention should not be started) this activity is an integral part of the intervention itself and, therefore, in the case of abortion, covered by conscientious objection. For the purposes of this evaluation, the Authors write, it is very important the clear causal link that takes into a unified whole the various moments that follow one other chronologically. The purely legal question of immediate withdrawal of the objection is resolved in the light of the difference between the possible preventive acceptance of the execution and the execution of an unexpected order. The most significant aspect, however, is tied to the question that frames the entire contribution: why so much aversion against conscientious objection with regard to abortion? The answer lies in the express or implied negation – but also in the simple forgetfulness – that the child is a child from the moment of conception. “The right to abortion – it is written in the Supreme Court’s ruling – has been recognized as coming within the sphere of women’s self-determination” This thought, the Authors point out, is an expression of a drift originally triggered by the constitutional ruling of 1975, then advanced with the Law 194/1978 and finally severely consolidated with the claim of “right” to abortion. Since this drift arises from the refusal to look at the child conceived, consequently it adverse conscientious objection. For this there is even more need to repeat, the Authors conclude, that the foundation and the protection of conscientious objection depends on the recognition that the unborn is one of us. The legal references on the international level are also interesting.

International Law and its Impact on The Hijaz

The Hijaz ◽  
2018 ◽  
pp. 155-204
Author(s):  
Malik R. Dahlan
Keyword(s):  
Legal Status ◽  
The Self ◽  
Self Determination ◽  
Holy See ◽  
The Status ◽  
Unique Approach ◽  
The Difference ◽  
Nuanced Understanding ◽  
The Right ◽  
The Impact

Chapter 6 is an international legal examination of the status of The Hijaz in the aftermath of its conquest and absorption into a Saudi personal union. It discusses the impact of the 1933 Montevideo Convention on the Rights and Duties of States as well as the Territorial Principle. The Chapter tackles the legal question of secession and warns against the pitfalls of the ‘Self-Determination Trap’. It draws lessons from the difference between involuntary extinction of states as opposed to their creation. By looking at the cases of Czechoslovakia and Quebec it tackles the issue of ‘the Right to Secession by Agreement’. The Chapter reflects on lessons from Scotland, Catalan and Kurdistan highlighting that The Hijaz presents us with a delicate and nuanced understanding of ‘Internal Self-Determination’ and ‘Autonomy’ establishing, de facto, an international legal status of “Self-Determination Spectrum Disorder”. A special status calls for an active and special legal solution. The notion of a broader integrative role for The Hijaz and the broader Islamic world. The potential integrative institutionalization of The Hijaz is investigated bringing to bare a unique approach to self-determination that would entail coupling autonomy with international territorial administration. The propositions under this Chapter are supported by looking at other sui generis entities such as the Holy See being sovereigns without being states.

Right to Self-Determination in International Law: Towards Theorisation of the Concept of Indigenous Peoples/National Minority?

2012 ◽  
Vol 19 (4) ◽  
pp. 481-532 ◽  
Author(s):  
Prosper Nobirabo Musafiri
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Minority Groups ◽  
Self Determination ◽  
National Minority ◽  
International Level ◽  
International Human Rights ◽  
Indigenous Minority ◽  
International Human ◽  
The Right

The problem of the concept of the right to self-determination under international human rights is that it is vague and imprecise. It has, at the same time, generated controversy as it leaves space for multiple interpretations in relevant international legal instruments. This paper examines if indigenous people and minority groups are eligible to the right to self-determination. If so, what is the appropriate interpretation of such right, in light of indigenous/minority groups at national as well as the international level?

scholarly journals LIFE AND DEATH. EUTANASIA

2021 ◽  
pp. 63-68
Author(s):  
Mykola Polishchuk
Keyword(s):  
Hospice Care ◽  
The Elderly ◽  
Self Determination ◽  
Passive Euthanasia ◽  
Life And Death ◽  
Sick People ◽  
Care For The Elderly ◽  
The Difference ◽  
The Right ◽  
Active And Passive Euthanasia

Euthanasia is a good death in Greek. According to Wikipedia, «euthanasia» is the termination of a person's life in a quick, painless way. Euthanasia is used in people who have incurable diseases and no longer want to suffer from pain, their condition. The term «euthanasia» was first used by F. Bacon to denote easy death in the 17th century. Since 2020, certain types of euthanasia are legally allowed in Belgium, Luxembourg, the Netherlands, Portugal, Switzerland, Germany, Canada, parts of Australia, and in some of the sUS states. Palliative and hospice care is sometimes seen as a relative alternative to euthanasia. There are two types of euthanasia – active, which involves the administration of a dying person, drugs that cause rapid death, and passive – intentional cessation of maintenance therapy to the patient. Active euthanasia is often considered suicide with medical help, if the doctor gives the patient a drugs that will shorten his life at the request of the patient.. In Ukraine, the actions of a doctor for euthanasia are considered premeditated murder. The coronavirus pandemic has shown that many countries of the world are ready to introduce passive euthanasia, that is, in the event of mass morbidity, not only ideas are spread, but also projects about the inaccessibility of medical care for the elderly in order to save young people, about limiting the hospitalizations of elderly people with a serious illness, which requires mechanical ventilation with a shortage of ventilators and hospitals that can provide oxygenation. The debate over euthanasia revolves around the following issues: people have the right to self-determination and independent choice of destiny; helping the sick people to die may be a better choice than suffering; the difference between active and passive euthanasia is insignificant; permission for euthanasia does not necessarily lead to adverse consequences. Disputes often take place at the ethical or religious level. Opponents of euthanasia defend the right for life under any circumstances, and the adoption of the law expands the cohort of patients with euthanasia and hope for life. Keywords: euthanasia, death, life, consciousness, stroke.

scholarly journals Patterns of spatial methane distribution in the upper layers of permafrost in Central Yakutia

2017 ◽  
pp. 105-112
Author(s):  
M. Yu. Cherbunina ◽  
D. G. Shmelev ◽  
A. V. Brouchkov ◽  
V. S. Kazantsev ◽  
R. N. Argunov
Keyword(s):  
Field Studies ◽  
Methane Content ◽  
Central Yakutia ◽  
The Difference ◽  
The Moment ◽  
Methane Distribution ◽  
The Right ◽  
Ice Complex

The article presents the results of long-term field studies of methane in the upper part of permafrost for the different geomorphological levels of Central Yakutia. Patterns of spatial distribution of methane content across different landscapes were found. The highest concentrations of methane are found in alas deposits, the major role of methane in the conservation there goes to the moment of freezing the thermokarst lake draining. The difference in methane content in the sediments of the Late Pleistocene Ice Complex on the left and the right bank of the river Lena was identified. That is likely caused by the conditions of ice complex formation.

scholarly journals Comparison of Subrogation With Cession and Regression

Law and World ◽  
2021 ◽  
Vol 7 (4) ◽  
pp. 6-29
Keyword(s):  
Supreme Court ◽  
Practical Significance ◽  
Insurance Law ◽  
Distinctive Features ◽  
The Supreme Court ◽  
The Difference ◽  
The Right ◽  
The Given ◽  
The Relationship ◽  
Legal Consequences

The purpose of this article is to present one of the most problematic issues in the Civil Code of Georgia, which is manifested in the confusion of the institution of subrogation in insurance law with such institutions as cession and the condition of regression. They are close in content to each other, and this fact makes it difficult to see differences between them. Seeing the difference in content between them has not only theoretical but also practical significance, as each institution is characterized by a different legal outcome, and in each specific case the proper qualification of the relationship is crucial. One of the most practical different legal consequences of the given institutions is revealed in the different terms of the statute of limitations. For example, until 2012, it was unknown to the Georgian court that the statute of limitation of a subrogation starts from the period when the insurer has the right to claim damages against the insurance underwriter. Before then, it was an unknown fact that, different from regression, only legal relationship is established with one obligation in subrogation. In this article, we have discussed the distinctive features of subrogation, cession, and the condition of regression, and the accompanying legal consequences. We have discussed the decisions of the Supreme Court of Georgia, which discuss the differences in the content and results of the above-mentioned institutions. As a result, it was revealed that the practice of the Civil Court of Georgia before 2012 was unknown about the institution of subrogation, which is a really significant problem. It can be said that a uniform practice of the Supreme Court has been established at the Subrogation Institute and the problems that existed before have been solved.

Inuit Governance and Contemporary Challenges: New Questions for Arctic Governance

2012 ◽  
Vol 4 (1) ◽  
pp. 155-188
Author(s):  
Cécile Pelaudeix
Keyword(s):  
Political Institutions ◽  
International Institutions ◽  
Arctic Region ◽  
Self Determination ◽  
The Arctic ◽  
International Level ◽  
The North ◽  
The Right ◽  
Ownership Of Land ◽  
The Arctic Region

Abstract This article explores the concept of governance, primarily in terms of policy rather than law, and examines current Inuit governance in light of recent economic and political changes in the Arctic region at the national and international level, with criteria of procedure (effficiency) and substance (equity). It points out that striking diffferences exist between Inuit regions in terms of governance and political institutions. Regarding procedure, it is shown that the main impediments are the fragmentation of administrative institutions and the implementations of provisions of agreements. In terms of equity, in some cases the right to self-determination is not guaranteed or efffective, and the ownership of land, sub-surface rights, except in Greenland is not operative. On the international stage, the equity criteria is not met. Completed with an approach in terms of politics, according to which the weigh of actors, such as Inuit actors, included in the process of governance, should be related to their political representativeness, the approach in terms of governance shows that Inuit governance has reached a stage that requires new balances of power between regional, national and international institutions, therefore a renewed reflection on centre and periphery to re-imagine the place the South could have in the North.

Indian Judiciary: An Analysis of the Cyclic Syndrome of Delay, Arrears and Pendency

2017 ◽  
Vol 5 (1) ◽  
pp. 21-39
Author(s):  
Yashomati Ghosh
Keyword(s):  
The State ◽  
Access To Justice ◽  
Committee Report ◽  
Recent Past ◽  
The Past ◽  
The Supreme Court ◽  
The Difference ◽  
The Government ◽  
The Right ◽  
Timely Delivery

India has been experiencing docket explosion and the problem of huge arrears of pending cases for the past seventy years. At present there are more than 22 million cases pending in various courts across the country. The large number of pending cases has crippled the efficient working of the judiciary and had adversely affected the right of the citizens to timely delivery of justice. In this paper a comprehensive analysis of the state of Indian judiciary has been made. The various factors which have attributed to docket explosion and arrears have been discussed by looking into various government and judicial reports, starting from the Arrears Committee Report of 1949 to the Supreme Court Report on Access to Justice (2016). The paper further discusses the challenges and impediments faced in dealing with the burdens of pendency and arrears, and analyses the recommendations of the various committee reports relating to judicial reforms. The article critically analyses the various procedural, legal and infrastructural reforms introduced in the recent past to bring about substantive judicial reforms, however these efforts have largely been piecemeal in nature. In addition the difference of perception between the judiciary and the government regarding the right solution has further aggravated the crisis. In this context the harmonious functioning of the three organs of the state and honest commitment of all the important stakeholders such as the Bar Council, the members of the legal profession and litigants holds the key to resolve the cyclic syndrome of delay, arrears and pendency.

scholarly journals Practise & Belief of Santhara: Right to Die

2016 ◽  
Vol 5 (1) ◽  
pp. 49-62
Author(s):  
Choudhary Niharika ◽  
Singh Divyansh
Keyword(s):  
Supreme Court ◽  
Indian Subcontinent ◽  
Research Work ◽  
Right To Die ◽  
Right To Life ◽  
High Court ◽  
The Supreme Court ◽  
The Difference ◽  
The Right ◽  
Western Perspective

The article seeks to assert that the ritual of Santhara practiced by the followers of Jainism is not a suicide and discerns from the view of the Rajasthan High Court. The authors have used various sources on Santhara for research work and have analysed various case laws on right to die with dignity. At the outset, the article discusses the eminence of Santhara in Jainism. Further, it discusses the foundation of the ‘essential practice’ doctrine through various landmark judgements. The Rajasthan High Court has erred in holding that Santhara is not an essential practice in Jainism, when the same has been proved by Jain ascetics and religious denominations. The High Court ruling also contravenes the Supreme Court judgment, which holds that the right to life includes the right to a dignified life up to the point of death and would also encompass a dignified procedure for death. The article attributes the raison-d'être of the court, to the western perspective, overlooking the religious diversity of the Indian subcontinent and the various practices associated with different religions. Lastly, the article concludes that the Supreme Court needs * Third Year, BBA LLB, National Law University, Jodhpur, India; [email protected]  Third Year, BSc LLB, National Law University, Jodhpur, India; [email protected] to lay emphasis on the difference between essentially religious and secular practices and re-affirm the right of religious freedom.

scholarly journals Obaveza ljekara na pružanje medicinskih usluga v. prigovor savjesti u medicini

2021 ◽  
pp. 168-185
Author(s):  
Maja Čolaković ◽  
Keyword(s):  
Medical Practice ◽  
Religious Beliefs ◽  
Medical Service ◽  
Healthcare Providers ◽  
Conscientious Objection ◽  
Theory And Practice ◽  
Self Determination ◽  
Medical Services ◽  
Moral Beliefs ◽  
The Right

The patient's right to available and accessible healthcare is correlated with the physician's obligation to provide the appropriate medical services. More recently, in medical practice in several countries, there have been an increasing number of cases where physicians (and other healthcare providers) refuse to provide a specific medical service, referring to their religious and moral beliefs i.e. the right to conscientious objection. Do physicians violate their professional obligation to act for the benefit of the patient and provide the necessary medical services? Does this interfere with the patient's right to self-determination and his other rights? Does this lead to discrimination against patients and indirect imposition of physicians' moral and religious beliefs? These are just several questions raised in theory and practice due to the conscientious objection in medicine. This paper explores the doctrinal and legislative approaches of the right to conscientious objection in medicine in Europe and worldwide.

scholarly journals Improved Stock Unearthing Method (ISUM) as a tool to determine the value of alternative topographic factors in estimating inter-row soil mobilisation in citrus orchards

2020 ◽  
Vol 10 ◽  
Author(s):  
Jesús Rodrigo-Comino ◽  
Alexandre Marco da Silva ◽  
Ehsan Moradi ◽  
Enric Terol ◽  
Artemi Cerdà
Keyword(s):  
Rill Erosion ◽  
Sediment Distribution ◽  
Mean Values ◽  
Tillage Practices ◽  
Natural Rainfall ◽  
Local Soil ◽  
Citrus Orchards ◽  
The Difference ◽  
The Moment ◽  
The Right

The Improved Stock Unearthing Method (ISUM) was initially designed to assess soil mobilisation rates in vineyards; however, other grafted crops such as citrus orchards could also be successfully used. The results obtained from ISUM have been used for several goals, but have not yet been applied for computing the LS factor (length and slope) as a part of the Universal Soil Loss Equation (USLE), which could give useful information to improve soil management system plans. This investigation was conducted in an 8-year old clementine field located in Canals (Valencia, Spain) and values of the LS factor were calculated by means of two pre-established algorithms, which allowed us to calculate a Transect Length Index (TLI). Our results demonstrated that the micro-topographical changes can show frequent irregularities. For the values of the Transect Length Index (TLI), the mean values were 1.02% for the left side and 1.04% for the right one. The difference among the areas predicted at the moment of furrow construction and the moment of data survey permitted us to estimate a total volume of 56.9 m<sup>3</sup> of soil mobilized in 19 years. Taking into account the studied area (360 m<sup>2</sup>), the volume of mobilised soil, and the bulk density for the local soil (1.3 g cm<sup>-3</sup>), we estimated a total soil mobilisation of 8.3 mm yr<sup>-1</sup> or 10.4 kg m<sup>-2</sup> yr<sup>-1</sup>. We did not observe any evidence or indicator of rill and inter-rill erosion by natural rainfall events, suggesting that the runoff homogenizes the sediment distribution during heavy rains (corroborated by the TLI data) or tillage practices. The data created following the ISUM was suitable to be used to calculate the LS-factor values. The amount of soil mobilised as predicted by USLE was always lower than the ones predicted by ISUM.

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