scholarly journals Eutanasia para menores de edad en Colombia, dilemas éticos y jurídicos de la muerte digna en niños, niñas y adolescentes.

Bioderecho.es ◽  
2020 ◽  
Author(s):  
Dayron Reyes ◽  
Gabriela Suarez
Keyword(s):  
Constitutional Court ◽  
Right To Die ◽  
The Third ◽  
Legal Implications ◽  
The World ◽  
The Right

El presente artículo busca comprender un tema que suscita discusiones interminables dentro de la sociedad: la eutanasia. Hasta ahora solo se pensaba que el derecho a morir dignamente en Colombia le pertenecía a los mayores de edad; sin embargo, por mandato de la Corte Constitucional, se ha abierto la oportunidad para que menores de edad accedan a este procedimiento. Colombia es el tercer país del mundo en establecer un trámite para la eutanasia en menores de edad, pero esta regulación ha despertado serias dudas y ha avivado el debate acerca de las implicaciones éticas, sociales y jurídicas de la eutanasia. This article seeks to understand Euthanasia as a topic that raises endless discussions in our society. Until now, the right to die with dignity was only thought for those who were of legal age in Colombia; however, by order of the Constitutional Court, this opportunity has been opened for minors to access it. Colombia is the third country in the world to establish a procedure for Euthanasia for minors, but this regulation has raised serious doubts and has fueled the debate about its ethical, social, and legal implications.

scholarly journals The right to die with dignity and conscientious objection

2015 ◽  
pp. 52-53 ◽  
Author(s):  
Jose Henrique Rodrigues Torres
Keyword(s):  
Spiritual Development ◽  
Constitutional Court ◽  
Right To Die ◽  
Life Project ◽  
The World ◽  
The Dead ◽  
Independent Decision ◽  
The Right ◽  
Limits Of Medicine ◽  
The Ideal

he project of life is linked to freedom, as a right of each person to choose their own destiny. (...) The project of life fully encompasses the ideal of the American Declaration (of the Rights and Duties of Man) of 1948, which proclaims the spiritual development as the supreme end and the highest expression of human existence. Colombia's Constitutional Court, at guaranteeing the fundamental right to live and die with dignity, in the liberating expression of human rights, did not forget the mythical image of Charon ferrying the dead in his boat to Hades . In Colombia, the struggle against death, stubborn and limitless, contrary to the expression of the patients' will, cannot anymore be accepted as a duty or as a right of the doctors, who now must resign themselves to the conscious and independent decision of their patients, understanding the dimension of existence and of human dignity against the limits of medicine and science, to lead them, just with the necessary palliative care, in crossing the River Styx, to the "world of the dead ". Denying euthanasia, in terms of the decision of the Constitutional Court, constitutes a flagrant violation of the patients' "life project", who have, in the established circumstances, the right to legitimate anticipation of death.

scholarly journals The Illusion of Perfect Justice

2021 ◽  
pp. 55-70
Author(s):  
Christian Tomuschat
Keyword(s):  
World War Ii ◽  
International Law ◽  
Constitutional Court ◽  
International Court Of Justice ◽  
German Occupation ◽  
International Court ◽  
The World ◽  
The Icj ◽  
The Right ◽  
Italian Constitution

AbstractThe judgment of the Italian Constitutional Court (ItCC) of 22 October 2014 has set a bad precedent for international law by denying the implementation, within Italy, of the judgment of the International Court of Justice (ICJ) of 3 February 2012. The ICJ found that Italian courts and tribunals had violated German jurisdictional immunity by entertaining suits brought by Italian citizens against Germany on account of damages caused by war crimes committed during World War II by German occupation forces. According to a well-consolidated rule of general international law, no state may be sued before the courts of another state with regard to acts performed in the exercise of its sovereign power. In contravention of Article 94 of the UN Charter, the ItCC deemed it legitimate to discard that ruling because of the particularly grave character of many of the violations in question. It proceeded from the assumption that the right to a remedy established under the Italian Constitution was absolute and must apply even where the financial settlement of the consequences of armed conflict is at issue. However, it has failed to show the existence of any individual reparation claims and has omitted to assess the issue of war reparations owed by Germany in their broader complexity. The judgment of the ItCC might be used in the future as a pretext to ignore decisions of the World Court.

scholarly journals Pendidikan Sosial Sesuai Hadits Rosul SAW

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Suluri Suluri
Keyword(s):  
Civil Society ◽  
Social Problems ◽  
Human Beings ◽  
The Third ◽  
Road Users ◽  
The World ◽  
The Right

This paper examines various social problems in society often occur. In interacting with the community, like it or not, like it or not, intentionally or unintentionally it often happens that the offense and hurt hurt. The Prophet Muhammad as the messenger of Allah who was sent to perfect morality has set examples in navigating life in the world, especially in social matters. Evidently Rosul SAW has built a civil society in Medina. The examples of the Prophet Muhammad who I adopted in this article are the prohibition of whispering together without regard to the third, the ethics of visiting, greeting, giving the right of road users and giving rights to neighbors. From these various themes, it is expected to be a learning so that in interacting with fellow human beings, a Muslim always prioritizes morality.

The Machinery of International Law and Democratic Backsliding

2021 ◽  
pp. 136-146
Author(s):  
Tom Ginsburg
Keyword(s):  
Political Participation ◽  
International Law ◽  
Term Limits ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
The World ◽  
International Rights ◽  
Recent Developments ◽  
The Law ◽  
The Right

This chapter focuses on the abuse of international rights to political participation so as to facilitate a leader's remaining in office beyond the constitutionally mandated term. This involves not only the abuse of the interpretation of rights, but also the abuse of the doctrine of unconstitutional constitutional amendments, which has spread around the world in recent years. How does this happen and what, if anything, can international law do about it? After introducing a motivating case — the famous decision of the Colombian Constitutional Court in the second re-election decision, in which courts stood for the protection of democracy — the chapter examines recent 'bad' cases in which rights and constitutional amendments are abused to extend leaders' terms. It surveys recent developments in the law of term limits, and briefly proposes a normative interpretation of the right to political participation which ought to be consistent with the emerging doctrine. The chapter suggests that there is an emerging consensus, at least in some regions of the world, that there are limits in states' ability to modify term limits unconditionally.

scholarly journals La prohibición de partidos políticos en Alemania. Del nuevo criterio de la potencialidad y la reciente reforma constitucional para la no financiación de formaciones antidemocráticas pero constitucionales // The prohibition on political parties in Germany. The new criterion of potentiality and the recent constitutional reform for not funding anti-democratic but constitutional formations

2018 ◽  
Vol 1 (102) ◽  
pp. 235
Author(s):  
Pablo Fernández de Casadevante Mayordomo
Keyword(s):  
Political Parties ◽  
State Funding ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Legal Implications ◽  
Federal Constitutional ◽  
Legislative Framework ◽  
Principle Of Proportionality ◽  
The Right ◽  
New Criterion

Resumen:El año 2017 fue testigo de importantes acontecimientos en relación con el fenómeno de la ideología de ultra derecha en Alemania. Si en enero, el Tribunal Constitucional Federal fallaba en contra de la prohibición del  NPD pese a reconocer el carácter antidemocrático de sus objetivos, en julio entraba en vigor una reforma constitucional para excluir de la financiación estatal a formaciones políticas que, siendo contrarias al orden democrático, no sean objeto de prohibición al carecer del potencial necesario para alcanzar sus objetivos. A modo de colofón, septiembre finalizaba con la celebración de elecciones federales y la entrada de la AfD en el Bundestag como tercera fuerza política. A la luz de todo ello, en el presente trabajo se apuesta por el análisis de las principales implicaciones jurídicas derivadas de dichos hechos, ello con el ánimo de ofrecer al lector una visión actualizada sobre el control jurídico aplicable a la ideología de los partidos políticos en Alemania.Summary1. Introduction. 2. The right of every democratic system to its self-defence. 2.1. Theoretical approach. 2.2. Express intangibility clauses and ideological control. 3. The defense of democracy and political parties in the German legal system. 3.1. The German concept of militant democracy. 3.2. Legal regime applicable to anti-democratic political parties. 3.2.1. Constitutional framework. 3.2.2. Basic legislative framework. 4. The German jurisprudential adaptation to the ECHR conventionality control: the NPD case. 4.1. The necessity test according to the ECHR jurisprudence. 4.2. Potentiality as a substitute for the principle of proportionality. 4.3. Anti-democratic but constitutional. 5. Main observations after the recent constitutional reform. 6. Conclusions. Bibliography.Abstract:2017 witnessed important events in relation to the phenomenon of the right-wing ideology in Germany. First, in January, the Federal Constitutional Court ruled against the prohibition of the NPD, despite recognizing the anti-democratic nature of its objectives; then, in July, a constitutional reform came into effect to exclude from the state funding those political formations that, contravening the democratic order, are not prohibited as they lack the necessary potential to achieve their objectives. To conclude, September ended with the holding of federal elections and the entry of the AfD into the Bundestag, as the country’s third largest force. In light of all this, the present work is committed to the analysis of the main legal implications derived from these events, this with the aim to offer the reader an updated view on the legal control applicable to theideology of political parties in Germany.

scholarly journals KUDETA REDAKSIONAL DALAM PROSES LEGISLASI NASIONAL

2020 ◽  
Vol 5 (2) ◽  
pp. 162-181
Author(s):  
Ni Ketut Wiratny ◽  
Ni Luh Putu Geney Sri Kusuma Dewi
Keyword(s):  
Final Stage ◽  
Plenary Session ◽  
Secondary Data ◽  
Legislative Process ◽  
Constitutional Court ◽  
Special Committee ◽  
Material Defects ◽  
The Third ◽  
The Government ◽  
The Right

It is undeniable that there are problems in the legislative process in Indonesia, one of which is tampering with articles or editorial coups. In fact, this illegal practice can occur in three conditions. First, it occurs in the draft produced by a special committee or commission before it is brought to the plenary session of the DPR. The second occurred after the DPR plenary session. The third is the most difficult to control, if an editorial coup is carried out by the government before it is passed by the president, then it is promulgated in the State Gazette. At this stage, when the bill is in the hands of the government, the DPR finds it difficult to check. Given that this is the final stage, the possibility of a new editorial coup has been traced after it was implemented. As a product that is agreed upon in the highest forum (plenary session) and is the result of joint legislative-executive agreement, the slightest change made is haram. This research is a normative juridical research by conducting literature studies and analyzing secondary data. The results of this study indicate that if it is true that there is an editorial coup in the legislative process, the legal product has formal and material defects which can be canceled through the right to test exercised by the Constitutional Court.

Decree Powers and Constitutional Law in France under the Third Republic

1940 ◽  
Vol 34 (6) ◽  
pp. 1104-1123 ◽  
Author(s):  
Otto Kirchheimer
Keyword(s):  
Third Republic ◽  
General Character ◽  
World War ◽  
The Third ◽  
Starting Point ◽  
The World ◽  
Emergency Power ◽  
The Government ◽  
The Right ◽  
Rule Making

In the World War period and after, the use of extraordinary powers by the executive for legislative purposes became so widespread in Europe that constitutional theorists began to find it convenient to give up the doctrine of legislative supremacy. The constitutional basis for these extraordinary powers has been found in one of two ways: either the parliament may authorize the government to exercise certain legislative functions by way of delegation, or certain provisions in the constitution may be interpreted as giving the executive the right under certain circumstances not only to take specific administrative steps, but also to issue rules of a more general character. In either case, the question invariably arises as to how far the delegation of power may go, or as to the degree to which alleged constitutional emergency provisions may be used to supersede parliamentary legislation.In France, no constitutional emergency power is provided in the “organic” laws of 1875 which could give a starting point for independent rule-making activity. A law of April 3, 1878, defined very closely the conditions under which a state of siege may be declared and surrounded such a declaration with elaborate provisions for parliamentary supervision. It is apparent that this statute does not allow the government to decree rules of a general character.

scholarly journals عالمی منشور برائے انسانی حقوق 1948ء کی روشنی میں اسلام کے تصورِ غلامی پر اعتراض کا تحقیقی جائزہ

Al-Duhaa ◽  
2021 ◽  
Vol 2 (02) ◽  
pp. 95-112
Author(s):  
Dr. Burhan Uddin ◽  
Arsala Khan ◽  
Abdur Rahim Khan
Keyword(s):  
Human Rights ◽  
Point Of View ◽  
Universal Declaration ◽  
Human Beings ◽  
Universal System ◽  
Very Old ◽  
The Third ◽  
The World ◽  
History Of ◽  
The Right

The history of slavery is very old. In which three types are very famous. Sell a freelance person, making slavery to a person resulting in a loss, and the prisoners arrested in the war were enslaved. Islam eliminated the first two types and the third case as an option left. On December 10th, 1948 UN passed the Universal Declaration of Human Rights, which includes the right to human rights with other rights. Any type of slavery was prohibited. In the light of this universal charter, objections to Islam's concept of slavery began to be raised. What is the validity of the objections in the light of the Universal Declaration of Human Rights 1948  raised against the Islamic concept of slavery? the methodology adopted for this research is to examine the contents of the Universal Declaration of Human Rights from an Islamic point of view. In the same way, a true Islamic, rational and logical examination of the concept of slavery of Islam has been presented. There is also a wise law about slaves in the universal system that Islam has given to the world. Slavery in the name is left, otherwise, all their rights are in no way less than free human beings.   In case of any kind of abuse, they could have approached the Islamic court and got justice.

scholarly journals Constitutional Court, Judicial Independence, and Efforts to Achieve Qualified Justice

2019 ◽  
Vol 5 (1) ◽  
pp. 86
Author(s):  
Irfan Nur Rachman
Keyword(s):  
State Power ◽  
Judicial Independence ◽  
Constitutional Court ◽  
Checks And Balances ◽  
The Public ◽  
The Third ◽  
Judicial Corruption ◽  
The World ◽  
Institutional Aspects

Judicial Corruption is a disgrace to the world of justice and disaster for the justice seeker community. The judiciary is the third branch of state power after the executive and legislature. The judicial function is as a control and a counterweight to both branches of the power so as not to fall into arbitrary acts. In other words, the judiciary basically serves to implement the principle of checks and balances. However, if the justice functioning as a counterweight is actually involved in the vortex of judicial corruption that has plagued the judicial institutions, then what happens is the absence of justice because the judicial institution becomes unqualified and degrades its reputation in the public eye. This will lead to a vote of no confidence in the judiciary as a whole and the community has the potential to seek justice in other ways that may be done in illegal ways. Therefore, it is important to realize quality judiciary by organizing institutional aspects, the process of recruitment of constitutional justices, and producing decisions containing new legal breakthroughs, so that will be realized a qualified judicial institution.

scholarly journals O DIREITO DE HOSPITALIDADE UNIVERSAL E O COLONIALISMO NO PENSAMENTO DE KANT

Alamedas ◽  
2020 ◽  
Vol 8 (1) ◽  
pp. 115-133
Author(s):  
Márcio Bonini Notari
Keyword(s):  
17Th Century ◽  
League Of Nations ◽  
The State ◽  
The Third ◽  
Perpetual Peace ◽  
The World ◽  
Cosmopolitan Law ◽  
The Right

RESUMONa segunda seção, Kant menciona: “Os artigos definitivos para a paz perpétua entre os Estados são três: o primeiro, a Constituição civil em cada Estado deve ser republicana. A constituição de um Estado preocupado com a liberdade das pessoas, enquanto componentes de uma sociedade, da sua dependência a uma legislação comum e da sua igualdade como cidadãos. O direito das gentes deve ser fundado sobre um federalismo de Estados livres. Para garantir um estado de paz, Kant sugere a formação de uma união entre os povos, que não seria o mesmo que um Estado congregando povos, pois cada um tem e deve conservar a sua individualidade e o terceiro, o direito cosmopolita deve ser limitado às condições da hospitalidade universal. Essa ultima concepção, Kant no final do século XVII, já falava do “direito da posse comunitária da superfície da Terra”, e que, em virtude de suas dimensões limitadas, somos obrigados a conviver uns com os outros, tornando-se necessário exercitar. Essa ultima concepção, permite problematizar a questão dos estrangeiros e do colonialismo reforçando a necessidade da liga das nações em assegurar o direito cosmopolita, regulador das relações entre Estado e Cidadãos de outros estados (Estrangeiros), em não ser tratados com hostilidade em qualquer parte do globo, numa perspectiva de uma cidadania universal.Palavras chaves: Direito dos povos, direito cosmopolita, colonialismo.In the second section, Kant mentions: “There are three definitive articles for perpetual peace between states: the first, the civil constitution in each state must be republican. The constitution of a State concerned with people's freedom, as components of a society, of their dependence on common legislation and of their equality as citizens. People's law must be founded on a federalism of free states. To guarantee a state of peace, Kant suggests the formation of a union between peoples, which would not be the same as a State congregating peoples, since each one has and must preserve its individuality and the third, the cosmopolitan right must be limited to conditions of universal hospitality. This last conception, Kant at the end of the 17th century, already spoke of the “right to community possession of the Earth's surface”, and that, due to its limited dimensions, we are obliged to live with each other, making it necessary to exercise. This latter conception allows us to problematize the issue of foreigners and colonialism, reinforcing the need for the league of nations to ensure the cosmopolitan right, which regulates relations between the State and Citizens of other states (Foreigners), in not being treated with hostility anywhere in the world. globe, in a perspective of universal citizenship.Key words: Peoples' law, cosmopolitan law, colonialism 

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