Prawne regulacje pobierania i transplantacji narządów oraz tkanek w ujęciu europejskiej konwencji bioetycznej

2016 ◽  
pp. 52-65
Author(s):  
Patryk Kołodyński ◽  
Paulina Drab
Keyword(s):  
Ex Vivo ◽  
Legal Aspects ◽  
European Convention ◽  
The Public ◽  
Additional Protocol ◽  
The Past ◽  
Reliable Source ◽  
International Legal Order ◽  
Definition Of ◽  
Source Of Information

Over the past several years, transplantology has become one of the fastest developing areas of medicine. The reason is, first and foremost, a significant improvement of the results of successful transplants. However, much controversy arouse among the public, on both medical and ethical grounds. The article presents the most important concepts and regulations relating to the collection and transplantation of organs and tissues in the context of the European Convention on Bioethics. It analyses the convention and its additional protocol. The article provides the definition of transplantation and distinguishes its types, taking into account the medical criteria for organ transplants. Moreover, authors explained the issue of organ donation ex vivo and ex mortuo. The European Convention on Human Rights and Biomedicine clearly regulates the legal aspects concerning the transplantation and related basic concepts, and therefore provides a reliable source of information about organ transplantation and tissue. This act is a part of the international legal order, which includes the established codification of bioethical standards.

Photos, Videos, and Other Technology

2017 ◽  
Author(s):  
Ron Astor ◽  
Rami Benbenishty
Keyword(s):  
Social Media ◽  
Monitoring System ◽  
School Safety ◽  
The Public ◽  
Staff Members ◽  
Reliable Source ◽  
The Media ◽  
The Individual ◽  
Speak Up ◽  
Source Of Information

On their own, photos and videos are not a reliable source of information about what is taking place in a school. It’s easy to react emotionally or with outrage to a video of a fight, a child being picked on, or some other display of abuse or wrongdoing. But everyone knows from highly publicized incidents posted on YouTube, Twitter, or other social media sites that photos and videos can be taken out of context. They tell a story, but they don’t tell the whole story. Even so, they can be used by administrators to discern whether the action shown in the photo or video is an isolated incident or could be a symptom of a larger problem. If an alarming photo or video taken at a school is receiving attention from the media, it’s better to talk about it with the school community as soon as possible than to pretend it didn’t happen. Situations like these create an opportunity to examine and share other sources of data about school safety, violence, and victimization. Too often, one incident can cause the public to draw conclusions about a school that are not accurate. That’s why a monitoring system is necessary— to put such an incident in context. Administrators who can refer to other sources of data regarding violence, drug use, or weapons can respond with more confidence when faced with criticism over one incident. As part of a monitoring system, photos, videos and other technology can be used for positive purposes. They allow students who might skip questions on a survey or don’t want to speak up during a focus group to express themselves in a different way. There are many examples of projects in which students are given cameras and microphones and encouraged to express themselves and present their experiences in school through this media. In addition to the individual students benefitting from such experiences, school leaders, staff members, and parents get the opportunity to see the school from the students’ perspectives.

The notion of ‘a person of unsound mind’ under Article 5 § 1(e) of the European Convention on Human Rights

2020 ◽  
Vol 38 (4) ◽  
pp. 283-301
Author(s):  
Marcin Szwed
Keyword(s):  
Mental Disorders ◽  
Mental Disorder ◽  
Criminal Responsibility ◽  
Case Law ◽  
Self Control ◽  
European Convention ◽  
Personal Liberty ◽  
The Past ◽  
Definition Of ◽  
Article 5

This article presents a critical analysis of the case-law of the ECtHR with regards to the interpretation of the notion of ‘a person of unsound mind’ under Article 5 § 1(e) of the Convention. According to the Court, only a person who has been reliably diagnosed with a mental disorder and who poses a danger to himself or others can be legally detained as ‘a person of unsound mind’. However, the notion of ‘unsoundness of mind’ is not limited to such mental disorders which are treatable or which deprive the persons affected of their ability to self-control and so in the past the Court applied the said provision of the Convention to, among others, persons diagnosed with personality disorders or paedophilia who commited crimes acting with full criminal responsibility. The article argues that such a definition of the notion ‘a person of unsound mind’ is not sufficiently clear, what is dangerous from the perspective of protection of personal liberty. For this reason, the article proposes to limit the scope of the analysed notion to persons affected by such mental disorders that exclude or significantly reduce their ability to make informed decisions about their own health and/or to control their own behaviour and recognise the meaning of their own actions. Only then, provided that other criteria developed in the Court’s case law, such as dangerousness for self or others and lack of less restrictive alternatives, have been satisfied, detention of person with mental disorder may be consistent with the object and purpose of the Convention.

The European Convention on Human Rights and International Public Order

2003 ◽  
Vol 5 ◽  
pp. 237-270
Author(s):  
Alexander Orakhelashvili
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Public Order ◽  
Human Rights Protection ◽  
The Public ◽  
Rights Protection ◽  
European Public ◽  
Essential Components ◽  
The Law ◽  
Definition Of

It is commonly assumed that the European Convention on Human Rights, being a treaty of specific nature, embodies elements of European public order. However, there seems to be no authoritative or generally accepted definition of the public order of Europe, of its essential components, and of its relationship with the notion of international public order. This article will examine these questions. In pursuing this goal, the law-enforcement resources accumulated within the European system of human rights protection will be examined in the context of interaction between the public order of Europe as part of the law of the European Convention, and international public order as part of general international law.

Some Bibliographical Aids to the Use of British Government Publications

1931 ◽  
Vol 25 (2) ◽  
pp. 401-405
Author(s):  
Everett S. Brown
Keyword(s):  
New York ◽  
Economic Life ◽  
British Library ◽  
British Government ◽  
General Direction ◽  
The Public ◽  
Reliable Source ◽  
Foreign Governments ◽  
Parliamentary History ◽  
Source Of Information

It is a well recognized fact that government publications are frequently the most valuable, and sometimes practically the only, reliable source of information on many phases of political, social, and economic life. Every bibliographical aid to their use, therefore, is to be highly welcomed by the student of government; and, fortunately for him, these aids are being rapidly multiplied. A noteworthy illustration is the List of Serial Publications of Foreign Governments, 1815–1929, now being prepared by Miss “Winifred Gregory under the general direction of a joint committee of the American Council of Learned Societies, the National Eesearch Council, and the American Library Association. Under each country will be listed, in a classified arrangement, the reports and other serials which record governmental activities since 1815. Section two of the preliminary checking edition of the List is devoted to the British Overseas Empire (except Canada).Angus Fletcher, librarian of the British Library of Information in New York, points out that “the publication of official documents is a relatively recent development in English parliamentary history. It was not until 1837 that official documents were finally made available to the public, in the form of the regularly issued Parliamentary Papers as we know them today. The publication of Non-Parliamentary Papers is of stilllater origin.” The establishment of His Majesty's Stationery Office was a result of Burke's Act for Economical Reform in 1782, prior to which time the service of this office had been granted as a monopoly to persons in favor at court. The student entering on a study of British public documents can well afford to review the very readable and valuable historical account of the records of Parliament given by Sir Courtney Ilbert, wherein he traces the development of the written reports of the journals and debates from their beginnings.

Aristotle's Use of Medicine as Model of Method in his Ethics

1957 ◽  
Vol 77 (1) ◽  
pp. 54-61 ◽  
Author(s):  
Werner Jaeger
Keyword(s):  
Historical Consciousness ◽  
Special Importance ◽  
Political Art ◽  
Greek Philosophy ◽  
The Past ◽  
The Subject ◽  
Definition Of ◽  
The Right ◽  
First Time ◽  
Source Of Information

Philosophy, in general, moves in a sphere of abstraction, and its statements claim to be necessary and of universal validity. The reader therefore expects them to appeal directly to his reason, and he does not normally reflect much on the time and historical conditions that determined what the philosopher took for granted. It is only in this age of historical consciousness that we have come to appreciate these factors more readily, and the great thinkers of the past appear to us more or less closely related to the culture of their age. The writings of Plato and Aristotle in particular are for us an inexhaustible source of information about Greek society and civilisation. This is true also in regard to the relation of Greek philosophy to the science of its time, and this is of special importance for our understanding. That relation can be traced throughout Aristotle's logical, physical, and metaphysical works; but the influence of other sciences and arts is no less evident in his ethics. In this paper I propose to examine the numerous references to medicine that occur in the Nicomachean Ethics. They are mostly concerned with the question of the best method of treating this subject. The problem of the right method is always of the utmost importance for Aristotle. The discussion of it begins on the first page of the Ethics, where he tries to give a definition of the subject of this course of lectures and attributes it to a philosophical discipline that he calls ‘politics’. He does so in agreement with the Platonic tradition. We can trace it back to one of the dialogues of Plato's first period, the Gorgias, in which the Platonic Socrates for the first time pronounces his postulate of a new kind of philosophy, the object of which ought to be the care of the human soul (φυχῆς θεραπεία). He assigns this supreme task to ‘political art’, even though it does not fulfil this function at present.

scholarly journals The Religious Cults of the Albanian Faith during the Early 20th Century

2015 ◽  
Vol 4 (1) ◽  
pp. 147
Author(s):  
Benita Stavre ◽  
Erinda Papa
Keyword(s):  
Religious Faith ◽  
American People ◽  
Past Century ◽  
The Past ◽  
The People ◽  
Reliable Source ◽  
Life Context ◽  
The One ◽  
Source Of Information ◽  
The Way

During the early twentieth century, Albania was visited by various British and American people who were eager to know about the curious features of this little country’s particular life. They had heard of it in their homeland and chose to trace a reality that was much different from the one they were used to. The materials they wrote and published, constitute a reliable source of information, whose analysis from the modern perception draws a picture of the life almost a century ago. This paper aims to describe the particular context of the relation that Albanian people had created with God and the way the religious life was shaped through the traditional rituals of the country. A few of the arguments that will be analyzed are: the way the religious faith was integrated in the daily activities, the religious tolerance in the state policies and the way it was reflected in the life context, religious attitudes due to the historical development of the past centuries, the influence of the new entries of the ‘30s, the restricted intercourse of the northern Albanians due to their geographical isolation and the pagan rituals and symbols of the traditional ceremonies. The Albanian way of worshiping seems to have been shaped by life pragmatism, social equilibrium and personal honesty. Nothing can describe it better than the people who lived with it for some time and were able to define it from a different mental perception. The description may supply modern insight of the particular attitude that this country reflected in early in the past century.

WOMEN WORKING IN OMAN: INDIVIDUAL CHOICE AND CULTURAL CONSTRAINTS

2000 ◽  
Vol 32 (2) ◽  
pp. 241-254 ◽  
Author(s):  
Dawn Chatty
Keyword(s):  
Public Sector ◽  
Middle Eastern ◽  
Individual Choice ◽  
Transformative Power ◽  
The Public ◽  
Cultural Behavior ◽  
The Past ◽  
Middle Eastern Women ◽  
Definition Of ◽  
Cultural Constraints

Middle Eastern women have often been portrayed by Westerners as silent shadows or as helpless victims of suppressive customs and traditions who are unable to organize or form groups on their own and for themselves and are prevented from entering fully into the public sector of life. The past decade, however, has seen an explosion in research and publication that fully acknowledges women as people in their own right. Women in the Middle East have come to be seen as political and economic actors who fend for themselves and struggle and reflect on their lives and the future of their societies. Through their actions, the boundary that defines what is traditional cultural behavior and what is contemporary, foreign, or unacceptable is often blurred.1 The patriarchal state, however, fails to recognize the transformative power of women's contemporary behavior, which pushes the definition of “accepted” or “traditional” behavior beyond that found in official documents and local and regional legislation, with their largely male audience.

The European Convention on Human Rights and International Public Order

2003 ◽  
Vol 5 ◽  
pp. 237-270
Author(s):  
Alexander Orakhelashvili
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Public Order ◽  
Human Rights Protection ◽  
The Public ◽  
Rights Protection ◽  
European Public ◽  
Essential Components ◽  
The Law ◽  
Definition Of

It is commonly assumed that the European Convention on Human Rights, being a treaty of specific nature, embodies elements of European public order. However, there seems to be no authoritative or generally accepted definition of the public order of Europe, of its essential components, and of its relationship with the notion of international public order. This article will examine these questions. In pursuing this goal, the law-enforcement resources accumulated within the European system of human rights protection will be examined in the context of interaction between the public order of Europe as part of the law of the European Convention, and international public order as part of general international law.

Victims and Offenders

2019 ◽  
pp. 123-150
Author(s):  
George P. Fletcher
Keyword(s):  
International Criminal Court ◽  
The United States ◽  
Criminal Court ◽  
Private Life ◽  
European Convention ◽  
Criminal Cases ◽  
International Legal Order ◽  
Definition Of ◽  
The Right

This chapter assesses the role of victims and offenders in criminal cases. The victim is invisible in the definition of crime but omnipresent in the prosecution and sentencing of offenders. In the international legal order, in particular, the victim is front and center, both in the International Criminal Court (ICC) and in lawsuits under the Alien Torts Claim Act. Crime is typically defined by the actions of the offender, and the victim is an incidental consequence. There are many victimless crimes, such as those in the sexual and reproductive arena, which in the United States at least are no longer subject to prosecution on constitutional grounds. The argument for decriminalization is the privacy of the offender, but privacy of the victim can, paradoxically, become an argument for criminalization under the right to a private life codified in the European Convention on Human Rights. The chapter also looks at the duality of victimhood.

scholarly journals Medicines Advertising: Legal Practice

2020 ◽  
pp. 233-238
Author(s):  
Ivan Demchenko ◽  
Anzhela Berzina
Keyword(s):  
Healthcare System ◽  
Legal Practice ◽  
Medicinal Products ◽  
Self Medication ◽  
Economic Competition ◽  
Misleading Information ◽  
Factors Affecting ◽  
The Public ◽  
Reliable Source ◽  
Source Of Information

The article explores legal practice in the field of advertising medicines. Medicines advertising is recognized as one of the mosteffective mechanisms of medicines promotion. Factors affecting the spread of medicines advertising: the public’s attitude to advertisingas a reliable source of information about medicines, distrust of doctors and the healthcare system, and, as a consequence, the prevalenceof self-medication practices. In order to protect the interests of consumers and protect economic competition (often second prevailing),the state ensures compliance with the requirements of the legislation in the field of medicines advertising. What is important is hownational courts hear cases regarding medicines advertising.Advertising is information about a person or product, disseminated in any form and by any means and intended to generate ormaintain awareness of the consumer of the advertising and their interest in such person or product. Advertising of medicinal products,like any other advertising, must comply with: the general principles of advertising; general advertising requirements (apply to all products,regardless of their type); special advertising requirements. Specific requirements for medicines advertising are: (a) specificrequirements for the permitted and prohibited medicines advertising; (b) requirements for the content of advertising of medicines (consistingof the requirements that medicines advertising should and should not contain); (c) particularities for advertising for certain ca -tegories of persons.The mandatory content requirements for medicines advertising are almost 100% specific and evaluable, while prohibitions andrestrictions often make it impossible to assess whether this effect is present in the advertising message or how it may affect a particularconsumer. Accordingly, depending on which requirements for advertising have been violated, the public authority can assess whetherthe prohibitions and restrictions have actually been violated and consider bringing those responsible for violating advertising legislationto liability. Further, if the advertisers, producers or distributors of the advertisement do not agree with the decision of the relevant publicauthorities, they can appeal to court. Most often, the plaintiff will be the advertiser, who are the field of advertising of medicines arepharmaceutical companies, drugstores. The respondent – the relevant authority. This is how the jurisprudence in the field of medicinesadvertising is formed.Almost every case about medicines advertising is about false advertising in a form of «spreading misleading information». Caseshave been considered as to the actual dissemination of misleading information and the violation of certain special requirements for themedicines advertising. In particular, cases concerning: medicines «popularization»; «exaggeration» of medicines effect; giving theproducts features of medicines; on the use of physicians’ images in medicines advertising; medicine prices.Not all cases of «spreading misleading information» about medicines go to court. The legal practice in the field of medicinesadvertising is characterized by a certain ambiguity and depends largely on the evidence presented by the parties’ representatives. Thedecisions of the courts are based on the consideration of the circumstances of each case.

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