Dignity Of Person Research Articles

Personal dignity: emerging threats

In connection with the growing role of the information space, the emergence of new security threats, and the transformation of the institution of human rights, it became necessary, through the prism of the traditional understanding of the category of “dignity” and “right to dignity” in the humanities, to highlight current problems of legal regulation of the right to dignity, to its protection and protection, as well as identify current trends in the legal protection of personal dignity. Dignity is a complex category in the institution of individual rights, which is a direct expression of human value, the core, source and meaning of all fundamental rights, as well as a qualitatively necessary component of their implementation and protection. A broad base of normative regulation and protection of the right to dignity makes it possible to identify system-forming norms and institutions within the framework of constitutional law, based on which it is possible, taking into account modern trends and threats to human rights in general and the right to dignity in particular, to build an adequate system for protecting personal dignity

DIREITOS HUMANOS E O AMPARO AS FAMÍLIAS VÍTIMAS DE CRIMES CONTRA A VIDA

The scope of this study is to address human rights – a central aspect of any legal reflection, after all, all rights have an anthropocentric nature – in line with the social and legal support of families whose lives were cut short by violence. In particular, the families of victims of crimes against life. In the wake of this process, the research problem consists of asking how to strengthen means of social and legal protection for “those who remain”, that is, the relatives of victims of completed homicides. The general objective is to reflect on crimes against life from a different perspective of criminal protection: one that focuses not on the life that was cut short, but on the life that, with difficulty, must continue. Hence the importance of a fair investigation, trial, instruction and judgment to ensure that the truth is reconstructed and clarified for the relatives. The methodology used consists of a bibliographic review, carried out in a critical, systemic and integrative manner of the relevant literature, based on an inductive method, explanatory research and a qualitative approach. First, the article discusses the dignity of the human person as a legal- philosophical value. Second, it recognizes the protection of the legal asset “life” as played by criminal law. Third, it analyzes ways to socially and legally protect families of homicide victims. As a result, it is established that the social and legal protection of families of homicide victims requires an integrated and multifaceted approach. First, the dignity of the human person, as a fundamental value, must be central to policies and practices aimed at these families, ensuring that their integrity and rights are preserved and respected throughout the entire judicial process. Second, it is imperative that criminal law, when protecting the legal asset “life”, is not limited to punishing the perpetrator, but also considers the lasting impact on survivors and seeks to offer ongoing support. In addition, the research showed that, in order to strengthen social and legal protection, it is necessary to implement effective mechanisms of psychological, social and legal support, which go beyond palliative measures.

Evaluation of focused antenatal care services quality at University of Gondar Comprehensive Specialized Hospital, Central Gondar zone, Northwest Ethiopia.

Antenatal care is the care that women receive during their pregnancy to ensure the health of the mother and her baby. The provision of information on birth preparedness in Ethiopia is still low, which implies identification of pre-existing health conditions that may affect the outcome of pregnancies was not provided. Even if the Focused Antenatal Care service was provided in our setup, maternal death was still high. In addition, as far as our search, the quality of antenatal care service in this facility has not yet been evaluated. As a result, the purpose of this study was to assess the quality of focused antenatal care services at the University of Gondar Comprehensive Specialized Hospital, Northwest Ethiopia. A mixed method case study evaluation design was employed at the University of Gondar Comprehensive Specialized Hospital from February 29 to March 29, 2020. Quantitative data was collected through exit interviews of 411 mothers who attended antenatal care follow-up and review of 422 clients' cards 2 months prior to the study period. Similarly, 35 items of resources inventory, 10 direct observations, and 12 key informant interviews were conducted. The data were entered into Epi-Data version 4.6 and exported to SPSS version 25 and it was analysed with the Evaluation judgment matrix analysis method. Qualitative data were transcribed, translated and analysed by using thematic analysis. The evaluation focused on availability, compliance, and satisfaction dimensions with 25 indicators to judge the quality of antenatal care services. The overall quality of focused antenatal care services was judged as good, based on pre-set judgment criteria (76.7%), to which availability of resources, healthcare provider's compliance with the national guideline, and maternal satisfaction contributed, 73.3, 77.75, and 78.8%, respectively. Auditory and visual privacy were practiced which enhances patient confidentiality and personal dignity. The waiting area was perceived to be satisfactory by the majority (89%) of ANC clients, but there is no separate waiting area for ANC clients. Ten (10) client/provider interactions were observed, demonstrating that all clients were counseled about pregnancy danger signs. The overall focused antenatal care services quality was relatively good, although the availability of resources was fair. Some essential drugs and medical equipment were out of stock. Therefore, the hospital had better fulfill crucial medicines and equipment for better service quality.

Reinterpreting Iddah for Career Women: Najmuddin Tufi�s Maqashid Sharia Approach

This study aims to reinterpret the concept of iddah (waiting period) for career women using a maqashid sharia approach based on Najmuddin Thufi�s thought. Iddah is an Islamic ruling intended to protect family and societal welfare, yet it presents challenges for modern career women. The traditional rules of iddah, which restrict activities outside the home, can impact women�s social and economic well-being, particularly for those who work. This research employs Najmuddin Thufi�s approach, which emphasizes public interest (maslahah), to explore whether the rules of iddah require adjustment for career women without compromising the fundamental objectives of Islamic law. Using a qualitative methodology with a library research approach, this study gathers data from literature on Islamic law, maqashid sharia and Najmuddin Thufi�s theory. The study finds that reconstructing iddah for career women is feasible by applying maqashid sharia principles, particularly through Thufi�s emphasis on maslahah. In the context of working women, traditional iddah rules�which limit activities outside the home�present challenges, especially concerning economic and social well-being. Based on the principle of maslahah, the iddah rule can be adapted without disregarding the core objectives of sharia, allowing career women to continue working during the waiting period as long as they uphold personal dignity and adhere to Islamic legal regulations. This approach offers a contextual and adaptive interpretation of Islamic law that aligns with modern developments while preserving the objectives of Sharia. The study concludes that iddah for career women can be reconstructed to bridge the gap between religious obligations and contemporary socio-economic needs.

Disability-Related Risks Among Women and Girls Who Are Forcibly Displaced from Venezuela

Our study aimed to explore the lived experiences of Venezuelan refugee/migrant women and girls with disabilities to guide humanitarian assistance. The data analysed was part of a larger cross-sectional study whereby refugees and migrants in Ecuador, Peru, and Brazil were asked to share the migration experiences of a Venezuelan woman or girl. The sample for this analysis was drawn from one of the survey questions that asked participants whether the woman/girl in the narrative identified as a person with a disability. Thematic analysis using inductive coding was performed. A total of 126 narratives were included in the final analysis, of which four major themes were identified. Venezuelan refugees and migrants with disabilities described experiences of discrimination, violence, and physical challenges, such as exacerbation of symptoms while in transit. In host countries, refugees and migrants experienced a lack of disability-related accommodations in the workplace and long wait times when trying to obtain healthcare. Since discrimination is a cross-cutting issue, human rights awareness highlighting the dignity of persons with disabilities is imperative. Resources and support for Venezuelan refugee and migrant women and girls with disabilities should aim to create accessible employment opportunities, safe and timely access to medical care, and prioritise violence prevention.

A BRIEF GLIMPSE UPON THE "PARADIGM SHIFT" REGARDING PERSONS WITH DISABILITIES - TALES OF CONSISTENCY

The article provides a detailed analysis of the paradigm shift introduced by the UN Convention on the Rights of Persons with Disabilities (CRPD). The CRPD, adopted in 2006, is recognized as a significant human rights treaty that reaffirms the universal concept of human dignity, applying it to all individuals, including those with mental disabilities. The convention emphasizes the need for legal frameworks to evolve, ensuring that persons with disabilities enjoy legal capacity on an equal basis with others. The historical context leading up to the CRPD is outlined, noting that earlier UN declarations and principles laid the groundwork by gradually recognizing rights of persons with disabilities. This development can be divided into three stages: the initial recognition of legal personality, the establishment of principles for mental health care, and finally, the CRPD's comprehensive approach to legal capacity. A key focus of the article is the controversy surrounding Article 12 of the CRPD, which grants persons with disabilities the right to legal capacity in all aspects of life. This provision challenges traditional systems of guardianship and substitute decision-making, which have historically been used to manage the affairs of individuals with mental disabilities. The article discusses the debates and misunderstandings among national legislators regarding the implementation of this "paradigm shift," particularly the move from substitute to supported decision-making. Overall, the article argues that the CRPD represents a culmination of decades of evolving legal principles aimed at ensuring equality and dignity for persons with disabilities. The author emphasizes the need for national laws to align with this new approach, ensuring that legal capacity is universally recognized, regardless of an individual's mental or physical condition.

Human Right to Court in the Convention for the Protection of Human Rights and Fundamental Freedoms

The right to a fair trial has become a right of a universal nature. The idea of human rights is closely related to universal and equal treatment of all people, which means respecting the personal dignity of man. This dignity, as a condition for the individual to belong to the human species, constitutes the foundation, the basis for human rights, and the purpose, the culmination of the construction of these rights. The right to a fair trial is a subjective right of the individual, understood as an idea that any intervention in civil rights must depend on a ruling issued by an independent and impartial judicial body. On the other hand, the material scope of the right to court covers penal, civil and administrative rights decided upon by different courts according to their statutorily determined extent of jurisdiction. Although human rights are the rights of a particular human being, their protection is also an obligation of the State. It is the State which is obligated to ensure that the core of a specific human right is protected. This protection must be effective, thus not only does it apply to the content of the human right concerned, but it also comprises the procedure necessary to protect it so that the right is not illusory. The unique nature of the right to court makes it essential that the administration of justice in accordance with the principle of the right to a fair trial should be the subject of adjudication by courts and tribunals.

RECURRENT RESUSCITATION PROCEDURES IN PEDIATRIC PATIENTS

The present study refers to a real case report, in which a bioethical analysis is developed, from the perspective of principlism, in the environment of a pediatric intensive care unit, with the objective of discussing the dysthanasia practiced in the medical setting and the decision-making of those involved in this case. A search was performed in the Scientific Electronic Library Online (SciELO) and PubMed databases for literature review. Dysthanasia consists of a treatment that only prolongs the pain, making any investment in healing an aggression against the dignity of the human person. When the patient is a child close to death, the difficulty for professionals becomes even greater. Therefore, it is necessary to pay greater attention to the curriculum, raising discussions and reflections on the subject, in order to train professionals to deal with finitude and play their role of offering support and comfort, as well as helping families to identify what quality of life means to them and how it is possible to achieve it.

Civil Legal Framework for Moral Damage in Jordanian Law

This study explores civil remedies for assault, allowing victims to claim damages for psychological harm and use force in self-defense. If a victim defends themselves and faces a counterclaim, the initial tort may mitigate their liability. When a tort is used as a defense in a criminal case, it can trigger issue estoppel in subsequent civil proceedings meaning that if the defendant loses the criminal case, they often lose the civil case as well. The situation differs when it comes to moral damages resulting from criminal acts. Moral damage refers to injury to legally protected interests, such as personal security, caused by a tortious act. Victims of criminal offenses that also constitute torts can use these acts as evidence of liability in civil actions. However, specific remedies for moral damage are often insufficient or absent, particularly for victims of violent crimes. These victims may struggle to obtain more than nominal damages for assault or battery, facing challenges due to tort limitation periods, which may require suing for false imprisonment while still involved in criminal proceedings. The case of Phillips v UK exemplifies this, where the Crown's immunity extended to acts violating personal dignity, making it difficult for victims to pursue actions for moral damages.

Imagining ecopolis: Visions of ecofeminist political theology and ecocriticism in Latin America

Although often overlooked by mainstream accounts of political theology and ecocriticism in the Global North, powerful visions of an ecopolis have been emerging in Latin America. In this article, we review the status of mainstream approaches to notions such as subject, citizen, and personal dignity and put them in a critical dialogue with Latin American Ecofeminist Political Theologies (LAEPT). We argue that those notions, often conceived from a Western and anthropocentric perspective, show their limits when interrogated from the perspective of LAEPT. Accordingly, we suggest that their main contribution lies not only in their critique of the Western paradigm but also in advancing alternative conceptions of an ecologically conscious political community that considers the Earth as sacred, and nature as a reflection of the divine. We conclude that such conceptions can also be seen at work in the rights of nature enshrined in the so-called new Latin American Constitutionalism.

‘Bridge-builders’ and ‘boundary spanners’: a qualitative study of youth workers’ perceptions of their roles and practices with vulnerable young people in school-based settings

ABSTRACT This paper presents a qualitative study of 22 youth workers’ perceptions of their roles and practices in seven school-based settings in a large post-industrial city in regional Australia. Youth workers are often engaged in school-based settings working with vulnerable young people, yet knowledge of how workers perceive and conceptualize their role and practice in these settings remains limited. Through focus group interviews, youth workers were asked how they engage, and work with vulnerable students, how they conceptualize their roles and the bodies of knowledge to which those practices and roles pertain. We find that youth work in school-based settings requires the dynamic and non-linear application of the practices of youth accompaniment, family support and youth-centred advocacy, underpinned by respect for the dignity, autonomy and agency of the young person. We argue that the complex application of these practices positions youth workers as ‘bridge-builders’ and ‘boundary-spanners’. Bridge-builders assist young people to connect and engage with support services. Boundary-spanners build relationships across service providers to network different organizations and professionals for better collaboration and support of young people. These findings have implications for youth policy and practice in the area of youth work with vulnerable young people in school-based settings.

Evolution of political traditions and mentality of Ukrainian society

The article analyzes the processes of formation and evolution of political traditions and mentality of Ukrainian society, their impact on public sentiment and political decision-making, which can be both supportive and legitimate foundation, as well as rejection and denial, and an obstacle to political and economic development. Due to the peculiarities of its historical development and geopolitical location, Ukraine has strong ties with European countries and shares similar values, and is geographically part of Europe. Ukrainian political traditions are based on support for democratic principles and freedoms, rejection of dictatorial authoritarian practices, the ability of Ukrainian society to self-organize and build effective horizontal ties, and individualism. Ukrainians, like Europeans, consider the dignity of the human person as a fundamental value, and violence as unacceptable and humiliating. During national revolutions and in times of war, Ukrainians bravely defend the Motherland, protecting their freedom even at the cost of their lives. These fundamental features of the Ukrainian political mentality contributed to the formation of the Ukrainian political nation, and in combination with Cossack military traditions, the experience of the Ukrainian Insurgent Army and a number of patriotic organizations, they influence the heroic military confrontation with Russia today. However, the long stay of Ukrainian lands as part of other state entities, the imposition of different models of seeing the world, values, beliefs, the extermination of the political elite and patriotic activists and their families, etc. also reflected in the political traditions, moods, preferences, patterns of behavioral reactions of Ukrainian society. Especially destructive was the influence of Russian state entities, the period of being part of the USSR, which shaped the consciousness of homo soveticus – a cog in a totalitarian state system with limited rights and opportunities.

An Analysis of Amber Heard's Statements in the Johnny Depp Defamation Case

A defamatory act is any act of speech that disparages the reputation of a person. Defamation is committed by conveying speech in the form of a series of words or sentences by accusing a person of certain actions, which are aimed at honor and good name so that it can result in the person's dignity or dignity being humiliated or degraded. This research aims to examine Amber Heard's statements for defaming Johnny Depp. The data analyzed are Amber Heard's several statements that indicates false and defamatory (primary data) and also her testimony during the trial as supporting data (secondary data). The primary data was collected and observed through the articles op-ed which written by Amber Heard in Washington Post and the secondary data was collected through the trial transcript. This study uses a qualitative research method that describes data to determine the elements that can defame a person based on forensic linguistic studies. By using this study, the data that has been selected was analyzed using lexical semantics, pragmatics (speech acts), and linked to legislation based on Virginia Law. The researchers found three statements that proved to be defamatory and acted with obvious malice that have damaged Johnny Depp's reputation. The findings of this study have significant implications, showing that defamatory statements can have a profound and lasting impact on an individual's reputation and public perception, emphasizing the importance of the law in protecting and addressing such acts.

SHOULD A COMPANY’S DIGNITY BE PROTECTED UNDER SECTION 10 OF THE CONSTITUTION? THE QUESTION IN Reddell v Mineral Sands Resources (Pty) Limited [2022] ZACC 38

In Reddell v Mineral Sands Resources (Pty) Ltd ([2022] ZACC 38) (Reddell), the Constitutional Court considered whether section 10 of the Constitution of the Republic of South Africa, 1996 (the Constitution), as read with section 8(4), should be interpreted to protect the dignity of juristic persons (in this case, mining companies). The majority and minority judgments arrived at conflicting decisions on the point. Unterhalter AJ, for the minority, held that juristic persons should be protected under section 10, while Majiedt J, for the majority, held otherwise. The majority also developed the common law of defamation to limit the circumstances in which a juristic person may succeed in a claim for general damages for non-patrimonial loss.The authors make two claims. First, it is argued that the minority judgment correctly interpreted the nature and purpose of section 10 (the guarantee of human dignity) when read with section 8(4) of the Constitution, which provides that juristic persons are entitled to bear the rights in the Bill of Rights as required by the nature of the right and the nature of the juristic person in issue. It is asserted that the two sections can be interpreted to entitle companies to rely on section 10 of the Constitution to protect their right to dignity, encompassing their good name and reputation. Secondly, it is argued that the majority’s development of the common law of defamation – to create a special exception for cases where a juristic person sues for general damages – was unnecessary, and has created legal uncertainty.The case note proceeds as follows. First, the authors introduce the facts of the case, and then explore the ratione decidendi of both judgments. Secondly, the note addresses the ambit and scope of human dignity as a constitutional right, followed by the applicable principles governing constitutional interpretation, including the role of the heading of a statutory provision. This is followed by a discussion of the law of defamation concerning whether a juristic person can claim damages for an infringement to its reputation under the actio iniuriarum. The legal position prior to the judgment in Reddell is compared to that which now applies. Finally, the decision is evaluated with reference both to the reasoning used by the majority and minority respectively and the significance of the outcome of the case for our law.A detailed discussion of the constitutionality of awarding general damages to corporations for defamation on the basis that such claims unjustifiably limit section 16 of the Constitution (the right to freedom of expression) falls outside the scope of this case note.

Reestructuración en la organización del poder judicial del estado de Paraíba, Brasil: Un análisis de los discursos de los actores jurídicos a la luz del principio de eficiencia

With the recent financial crises and the lack of resources faced by the State, its branches, and various entities have been promoting a restructuring of their administrative organization. In this scenario, the State Judiciary of Paraíba (TJPB) was no exception. It had to adopt internal measures to navigate this situation, particularly the public policy of closing courthouses scattered throughout the State. To address these issues, this work aimed to analyze and assess this restructuring in light of the constitutional principle of efficiency, while also addressing the main social implications such measures could cause, especially concerning the constitutional principles of broad judicial protection and the dignity of the human person. Based on important legal scholars, the theoretical framework covered essential topics for understanding the issue, such as the basic organization of the Brazilian public administration and the constitutional principles applicable to public administration. The methodology used was descriptive, qualitative, and bibliographic, also employing the method of argumentation analysis from the New Rhetoric theory. In the discussion of the topic, the reasons justifying the closure of courthouses by the judiciary were made explicit, as well as the reasons and counterarguments expressed by civil society entities that criticized these measures based on the social impacts they will cause. Thus, it became evident that administrative measures cannot apply the principle of efficiency solely through technical or quantitative perspectives but must also weigh social consequences as relevant criteria.

PUNISHMENT AS A SOCIO-CULTURAL AND SPIRITUAL-MORAL PHENOMENON

Purpose. The article is devoted to the analysis of the phenomenon of punishment as a complex phenomenon of reality, which combines the most important postulates of the development and improvement of personality, society and the state, based on cultural values and norms. It acts as an important regulator of the external and internal components of human behavior in society, bearing moral guidelines – the dignity of personality, humanism, justice, mercy. Tasks. The author has to identify socio-cultural and spiritual and moral features in the phenomenon of punishment by understanding the value-normative component of society when applying negative sanctions to the violator (mutual transition from social to cultural, the use of the Talion principle and the Golden Rule of Morality). Methodology. The basis of the presented research is formed by comparative, phenomenological, cultural and philosophical research methods that allow us to reveal the essence and features of the interdisciplinary nature of the phenomenon of punishment in the diversity and multidimensional nature of its underlying values and norms. Results. The results of the work are that the author comes to the conclusion that the phenomenon of punishment contains spiritual, moral and socio-cultural elements. At the interdisciplinary level, it is possible to address the deep foundations of the external and internal behavioral act of a person manifested in society. The scope of the results. The results of the study can be applied in the field of socio-political design and forecasting.

The Risks of Bail in Brazil: The Figure of the Guarantor from the Perspective of the Brazilian Supreme Court in Cases Involving Family Property

The purpose of this article is to examine the legal and jurisprudential treatment of guarantors of rental contracts of a residential and commercial nature. The examination of the legal effects arising from the decision to act as guarantor is also sought. To this end, it is mentioned that there is, within the framework of normative infrakonstitutional, express command of safeguarding the family good, institute whose bias is the preservation of the fundamental right to housing, human and social right, positivized in article 6 of the Constitution of the Federal Republic of Brazil. This legal backing derives from the intrinsic relationship between adequate housing and the right to life and the dignity of the human person. On the other hand, it has to be said that the legislation itself which makes the debtor's property unbinding, excludes the guarantor. And, since the bail is a personal guarantee, as a rule, provided free of charge, there is a profound divergence of understanding among the members of the highest court in Brazil about the constitutionality of the seizure of family property of the tenant of the lease contract.

Connecting to Theory and Science: Avoiding Rule of Thumb Shortcuts.

This article centers on the topic of decision-making and the importance of connections to a theory and science that honors the dignity of persons by focusing on decisions that are person-centered.

Catholic religious agency during the Covid-19 emergency: the issue of vaccines.

The Catholic Church's reflection on and assessment of the Covid-19 pandemic has developed in several areas. Inspired by the tradition of its social teaching, specifically by the values of the dignity of the human person, justice, solidarity, and the common good, a strong sense of responsibility-on the part of all to prevent the spread of the pandemic and care for the affected sick-was called for. This resulted in a series of interventions and documents on the various medical and spiritual issues involved, particularly concerning the vaccines again Covid-19. In this short article, I draw out these insights from the official and universal reference point of the Catholic Church (i.e., Vatican sources in their various expressions and expertise). Interventions from other religions have also played a significant role during the Covid-19 pandemic as exemplified by the close relationship between certain religious actors and the World Health Organization. However, these alternative viewpoints, while important in and of themselves, do not find a suitable place within this work, which focuses on the Catholic Church's perspective.

Temporary Protection Status Practices in the Context of Human Rights in Türkiye and European Union

Migration and refugees are among the most important and complex problems of today's world, deeply affecting the international community. Civil unrest and violence, especially in the Middle East, have led to the displacement of millions of people. Most of these displaced people have sought refuge in neighboring countries and Europe. However, this situation has led to many legal status debates and human rights violations. Türkiye stands out with the number of asylum seekers it has hosted and the policies it has pursued in this process. Syrians who have sought refuge in Türkiye since 2011 are under "Temporary Protection Status". However, while temporary protection status should be temporary in duration, when it evolves into a permanent temporary status, various uncertainties arise regarding the social cohesion of the protected persons and the standard of living befitting human dignity. Although temporary protection status was historically developed in European Union (EU) law, the Temporary Protection Directive adopted in 2001 was never activated until the Ukrainian crisis in 2022. In this context, the attitudes and practices of the EU towards asylum-seekers from different countries, such as Syrian and Ukrainian asylum-seekers, are also compared in terms of temporary protection status. Temporary protection status is recognized as an important mechanism in the human rights context and the international community needs to do more to protect the fundamental rights and freedoms of protected persons. The compliance of temporary protection policies with human rights standards and their effective implementation are considered as critical steps to protect the dignity of protected persons and guarantee their human rights. In this study, a review article was conducted from a legal perspective by analyzing the current situation of temporary protection status implemented in Türkiye and the EU through a literature review. The examination of temporary protection status only in the context of Türkiye and the EU constitutes the limitation of the study. This study aims to contribute to theoretical debates by evaluating temporary protection status in international law, its implementation in Türkiye, and EU asylum policies from a human rights perspective.