Czy państwo może decydować o miejscu pochówku dyktatora? Komentarz do postanowienia hiszpańskiego Trybunału Konstytucyjnego z 17 października 2019 roku w sprawie ekshumacji szczątków Francisca Franco Bahamondego

This article comments on the Spanish Constitutional Court’s order of 17 October 2019, ATC 119/2020, regarding the exhumation and transfer of the remains of Francisco Franco Bahamonde from the Valley of the Fallen. Franco’s relatives brought a constitutional complaint before the Constitutional Court against the resolutions of the Council of Ministers of 15 February and 15 March 2019, which concerned the exhumation of the dictator’s remains and their transfer to the Mingorrrubio Cemetery in El Pardo. This was done against the wishes of the family, who had indicated another location. The applicants submitted, inter alia, that their right to respect for private and family life had been violated. In fact, certain issues relating to the treatment of the body of a deceased person fall within the scope of the right to privacy. However, the Spanish Court did not accept the applicants’ plea and held that there was no violation of the constitutional right. It justified its decision on the grounds that the right to protection of private and family life is not absolute and is subject to limitations, and that the measures applied in this case were in line with a “constitutionally legitimate aim,” proportionate and necessary. The Court’s decision is correct, although its reasoning leaves much to be desired. The Court could have strengthened its argumentation with, first, a more in-depth analysis of proportionality, and, second, with reference to Strasburg standards. In particular, as the Court pointed out, the historical and political importance of the person at the head of the political regime established after the civil war and acting as head of state meant that the decision on where to bury his remains went beyond the dimension of an individual private matter.

Hannah Arendt’s Hidden Phenomenology of the Body

Amongst the Arendtian scholars, there is almost a consensus on Arendt’s supposedly reluctance to the question of the body. The Arendtian body is said to belong to the unpolitical realm of necessity, in other words, the body is a private matter that should not appear in public. It is antipolitical. However, in this paper, I want to suggest that there is a possibility to outline a phenomenology of embodied political action in what I think to be Arendt’s hidden phenomenology of the body. To make my point, I will first show that what the scholars call the Arendtian body is in fact an Arendtian Body. Secondly, in the German version of The Human Condition, Arendt surprisingly used the Heideggerian term Befindlichkeit (disposition) that, I will argue, outline the basis of a political phenomenology of the body in Arendt’s work. More precisely, I will try to show that political action is embodied, that there is a hexis, a pathos and an ethos of action.

Charles Bernstein: Avant-Garde Is a Constant Renewal

The essay explores the work of Charles Bernstein in light of constant renewal. John Ashbery, as one of the brightest representatives of the New York School, and Charles Bernstein, as a representative of the language (L = A = N = G = U = A = G = E), have similar attitudes toward language. They have much in common in terms of poetics: in the rejection of loud phrases, prophetic statements, emotions, confessionalism, and certain self-centeredness. Poetry is a private matter for both. Both have poetics built on the “oddness that stays odd,” as Bernstein himself put it, paraphrasing Pound's “news that stays news.” Both are aimed at renovating the language, and the verses of both are built on fragmentation, collage, moving from one statement to another without preparation. However, in Ashbery, whose poems are surreal, these transitions are smoother, based on an apparent connection, what Bernstein calls “hypotaxis” or “associative parataxis.” In contrast, Bernstein's poetry is built on parataxis; it is “bumpy,” in the poet's own words.

Private ICT-Activities and Emotions at Work – A Swedish Diary Study

The boundaries between the work and non-work spheres have been challenged through the rapid development of information and communication technology (ICT). Individuals may easily engage in non-work (family and private) matters at work and during working hours. Prior research on emotions at work tends to understand all emotions at work as work related. By studying non-work matters managed through ICT in a diary study, we suggest that emotions at work are triggered both by work and non-work matters. Our research shows that these emotions can be both positive and negative and may come from actual engagement in private matters, or as a response to a need or a demand to address a private matter. Since emotions affect work performance, for example, we suggest that HR and managers take the causes of workplace emotions into consideration when addressing issues related to emotions at work.

HUKUM DAN HAK PASIEN DALAM MENDAPATKAN PELAYANAN KESEHATAN DI ERA PANDEMIK

<p><em>The whole world community agrees that the right to health is a basic right (Fundamental Right) that is owned by every human being. The right to health which was previously seen as merely a private matter related to the fate or gift of God, has now undergone a very large paradigm shift into a legal right (legal rights) which is certainly guaranteed by the state. In the midst of the Covid-19 pandemic that has spread to almost all regions of Indonesia, the Government must be prepared to issue various strategic policies so that it can carry out its obligations to always guarantee the fulfillment of the right to health for all people. This research uses the method of library research with the statutory approach. This research found that the Government's policy to determine the Public Health Emergency status and choosing Large-Scale Social Restrictions as an option to respond to Public Health Emergency is a wise step, besides the Government must also pay attention to the economic and fiscal sectors according to the conditions and capabilities of the country.</em></p><p><strong>Keywords<em>:</em></strong><em> Right to health, health service, Pandemic Covid-19.</em></p><p> </p><p>Di tengah pandemi Covid-19 yang telah menyebar hampir ke seluruh wilayah Indonesia, Pemerintah harus sigap mengeluarkan berbagai kebijakan strategis agar dapat menjalankan kewajibannya untuk senantiasa menjamin terpenuhinya hak atas kesehatan bagi seluruh masyarakat. Penelitian ini menggunakan metode penelitian kepustakaan dengan pendekatan peraturan perundang-undangan. Penelitian ini menemukan bahwa Pemerintah terlalu lamban mengambil tindakan antisipatif maupun mitigasi dalam menanggulangi pandemi corona. Pada akhirnya Pemerintah menetapkan status Darurat Kesehatan Masyarakat dan memilih Pembatasan Sosial Berskala Besar sebagai opsi untuk merespons Kedaruratan Kesehatan Masyarakat, disamping Pemerintah juga tetap harus memperhatikan sektor ekonomi dan fiskal sesuai kondisi dan kemampuan negara.</p><p><strong>Kata Kunci:</strong> Hak Pasien, Pelayanan Kesehatan, Pandemi Covid-19.</p>

Doing Harm

Under the guise of “protecting the unborn,” anti-abortion and related measures such as feticide laws are being used as the basis for arresting pregnant women and new mothers. It is often the case that the initial disclosure of information that led to the involvement of criminal law, child welfare, or other state authorities has been made by healthcare professionals, including doctors, nurses, and hospital social workers. Pregnant patients—like other patients—should expect that their medical health is a private matter and that healthcare provider–patient confidentiality will be respected. Such disclosures have legal, social, and public health consequences and frequently lead to interventions that are punitive and counterproductive, not protective. This chapter describes the ethical obligations of healthcare professionals, including their duty to advocate for the protection of confidential information and to work to change unjust practices, policies, and laws.

Majoritarian Epistemology on Religious Symbols. A Religiously-Based Stereotyping Technique to “Package Others’ Religious Rights”

The paper will focus on a particular form of stereotyping technique which aims to narrow religious rights for non-Christian believers, moving from an exclusively Judeo-Christian epistemology on religious symbols that, no by chance, defines them as “ostensive”. According to this perspective, freedom of religion is eminently a heartfelt attitude, therefore the term “ostensiveness” is intended to emphasize not mandatory behaviors, which are conceived as a redundant way to live faith. Starting from its philosophical assumptions, the article deals with the stereotyping tools related to religion, functional to conceal the social complexity and to deny legal protection, through a legal and political concept like state neutrality. The piece seeks to show how the concept of religious right, when it cannot be declined as a majoritarian right, is rife with plural levels of intersecting stereotyping, concerning other categories of diversity like gender and ‘ethnicity’. This approach flatters each dimension and does not take into account coexisting identities within the same person, ignoring that intersectionality highlights the necessity of assessing religious diversity as fundamentally socially located. This stereotyping attitude can be traced back to the complex relationship between law and religion that provides a direct way to assess crucial issues like belonging, identity, community and authority. Law, as a cultural and non-neutral construct, regards religion as a valuable fact and worthy of legal protection since it is attributable to an individual phenomenon and as quintessentially private matter. Therefore, to assess identity or belonging in the fault lines of the interaction of law and religion means find an opportunity to legitimize targeting law related to religious diversity making it seems like a way to deal with religious ‘differences’ that cannot be assimilated. In this respect, we discuss about the radical secularist claims through a case-study, namely the “affaire Québécois” within the Canadian system, not only in a geographical sense, but in the theoretical field mapped out by religious pluralism as the focal point of the multiculturalist approach, on one hand, and the secularist revival, on the other hand.

Personal barriers to addressing intimate partner abuse: a qualitative meta-synthesis of healthcare practitioners’ experiences

Background Healthcare practitioners (HCPs) play a crucial role in recognising, responding to, and supporting female patients experiencing intimate partner abuse (IPA). However, research consistently identifies barriers they perceive prevent them from doing this work effectively. These barriers can be system-based (e.g. lack of time or training) or personal/individual. This review of qualitative evidence aims to synthesise the personal barriers that impact HCPs’ responses to IPA. Methods Five databases were searched in March 2020. Studies needed to utilise qualitative methods for both data collection and analysis and be published between 2010 and 2020 in order to qualify for inclusion; however, we considered any type of healthcare setting in any country. Article screening, data extraction and methodological appraisal using a modified version of the Critical Appraisal Skills Program checklist for qualitative studies were undertaken by at least two independent reviewers. Data analysis drew on Thomas and Harden’s thematic synthesis approach. Results Twenty-nine studies conducted in 20 countries informed the final review. A variety of HCPs and settings were represented. Three themes were developed that describe the personal barriers experienced by HCPs: I can’t interfere (which describes the belief that IPA is a “private matter” and HCPs’ fears of causing harm by intervening); I don’t have control (highlighting HCPs’ frustration when women do not follow their advice); and I won’t take responsibility (which illuminates beliefs that addressing IPA should be someone else’s job). Conclusion This review highlights the need for training to address personal issues in addition to structural or organisational barriers. Education and training for HCPs needs to: encourage reflection on their own values to reinforce their commitment to addressing IPA; teach HCPs to relinquish the need to control outcomes so that they can adopt an advocacy approach; and support HCPs’ trust in the critical role they can play in responding. Future research should explore effective ways to do this within the context of complex healthcare organisations.