Principle Of Dignity Research Articles

Political and Economic Approach to Creation of Self-Governing Society in Ukraine

The urgency of defining neoliberalism is primarily related to the need of society to recognise the national identity, to create a competitive self-governing society based on the principles of equality and dignity. Liberal democracy is the most successful model in the state-building process, but in times of corruption and uneven distribution of power, so-called “liberal democracy” is facing a neoliberal crisis. At the present stage of the economy, there are a number of problems, among which the concentration of capital in natural oligopolies and corporate control become virtually unsolvable. The purpose of the article is to analyse the political preconditions for the transformation of Ukrainian society, to identify opportunities for the transition from isolated monoliths of oligopolies to an ecosystem of a modular economy based on small or medium competitive flexible enterprises that are favourable to the community. Accordingly, a self-governing society is developing that is able to analyse the political and economic situation and benefit from globally available opportunities. The article used analytical and historical methods to analyse the course of historical geopolitical events, in particular the preconditions for the emergence of liberal democracy in Ukraine during the Soviet era. The study identified a conceptual model of selfgoverning society and its main characteristics. The directions of development of the country’s economy through the interconnection of business and education systems, which is a prerequisite for economic stability, were considered

A (IN) CONSTITUCIONALIDADE DA MEDIDA PROTETIVA DE AFASTAMENTO DO LAR, CONCEDIDA PELA AUTORIDADE POLICIAL (LEI N. 13.827/2019)

O presente trabalho tem por objetivo a investigação e a análise da (in) constitucionalidade da medida de afastamento do agressor de seu lar ou da vítima, quando envolver o risco atual ou iminente à vida ou à integridade física da mulher, promovida pela Autoridade Policial (Delegado de Polícia) ou pelo Policial, por meio da Lei nº13.827, de 13 de maio de 2019, que acrescentou o artigo 12-C, na Lei Maria da Penha. Inicialmente, buscou tratar da proteção à mulher no Brasil, evidenciando a intervenção internacional, pela OEA (Organização dos Estados Americanos) e pela Comissão Interamericana de Direitos Humanos (CIDH), para coibir qualquer tipo de violência em desfavor das mulheres no contexto da violência doméstica, além de destacar sobre a vida de Maria da Penha Maia Fernandes e, como se deu a criação da Lei que a homenageia. Posteriormente, apresentou os principais mecanismos criados para o amparo às mulheres, as medidas protetivas de urgência, buscando estudar o conceito e a natureza jurídica dessas medidas de proteção a essas vítimas. Por último, buscou-se avaliar a (in) constitucionalidade da medida protetiva de afastamento do lar, realizado pela Autoridade Policial e pelo Policial, considerando os princípios da dignidade da pessoa humana, da reserva jurisdicional, da liberdade de locomoção, da inviolabilidade domiciliar e do devido processo legal. Sendo utilizado o método de estudo indutivo, na elaboração do presente trabalho, por meio da análise da doutrina, da jurisprudência e de diversas Leis presentes no ordenamento jurídico brasileiro.

Печерне чернецтво Галичини: проблема інтерпретації, локалізації та охорони

The problem of the little-known, complex and multifaceted history of the medieval cave monasticism of Galicia is raised. In the most difficult period of national history, it defended the basic principles and principles of national dignity, social tolerance, Christian spirit and upbringing in far from difficult conditions. Based on the results of archeological and speleological researches of a number of monuments, the existence of a significant variety of cave monuments in Galician lands (cult altars, churches, monasteries, proto-monastery houses, cells of hermits, ascetics, etc.) was noted. In the context of the presentation of the material, the peculiarities of the organizational structure of medieval monasticism, ways and reasons of development and decline of monastic communities are considered. There are also the main features and types of cave dwellings of statutory monasticism, buildings characteristic of ascetics, kinovites, keliots, idiorhythms, which are almost unknown in historical science and can be a significant addition to the treasury of national historical and cultural heritage. The difficult problem of preserving the cave heritage of medieval monasticism is emphasized. In comparison with the information of the authors of the XIX century at present, many monuments of cave monasticism have long disappeared or suffered irreparable damage under the influence of natural, anthropogenic and other factors. Preservation of the national historical and cultural heritage should become an important and urgent task of the relevant social structures. Key words: cave cavities, cells, localization, interpretation, historical and cultural monuments.

Chemical and biological monitoring of water quality on a hydrographic basin in the State of Santa Catarina

The inappropriate destination of urban effluents, deforestation along the banks of watercourses, expanding agricultural activities, as well as the lack of public management plans for the prevention and adequacy of the use of urban rivers, compromise the efficiency of basic sanitation services and consequently the health of the population. The objective of this research is to monitor the water quality of the Itajaí-Açu river, the largest watercourse in the Itajaí hydrographic basin, located in the State of Santa Catarina, based on the seasonal chemical and biological indicators, in addition to verifying the statistically significant difference between the sample points. For this purpose, five collection points were allocated along the river, for the aforementioned indicators, in the seasons, spring and summer (2019); autumn and winter (2020), totaling 80 samples. To verify the statistically significant difference between the sample points, the Statistical Software R, version 3.6.3 was used. The results pointed to the chemical and biological contamination along the entire length of the Itajaí-Açu river, regardless of the seasonal aspect. There is an urgent need to implement Municipal Basic Sanitation Plans in all the municipalities that are part of the Itajaí watershed. The absence or precariousness of a planning instrument for the provision of public sanitation services in the municipalities, in addition to violating the legal principle of human dignity of access to clean water and adequate sanitation, contributes to the increase of the environmental degradation of the territory as well as the health of its population.

La proteción de la dignité humaine comme point de convergence entre pa constitutionnalisation et l'internationalisation du droit

Cet article analyse les convergences entre le droit international et le constitutionnalisme en matière de protection des droits fondamentaux. Il vise à démontrer comment le principe de la dignité humaine catalyse la construction normative et jurisprudentielle qui place l'être humain au centre de son spectre de protection. La recherche utilise la méthode hypothético-déductive, en partant de la prémisse de l'existence d'une valeur convergente entre les Constitutions et le droit international, ce qui permet de conclure que tant le développement du droit international que du constitutionnalisme ont donné naissance à un organe de protection autonome, dont l'objectif principal est devenu la protection des droits de l'homme afin de permettre l'identification des valeurs universelles à protéger, la principale étant la valeur de la dignité humaine.

DIGNIDAD HUMANA COMO DERECHO FUNDAMENTAL

Human dignity as a constitutional principle has an important legal-philosophical construction, in which it represents a true expression of individual autonomy to live freely and with dignity. Thus, this article analyzes and breaks the principle of human dignity in all its areas. For this, the discussion begins with the doctrinal revision of the principle of human dignity and, also, with the lifting of the international and constitutional regulations that surround the principle in question. After the construction of this theoretical-legal basis, the study presents a parallel of the individual's right to a dignified life, such as a dignified death, and for the latter it is presented with the analysis of laws 26529 and 26742 and the case The DMA Court of the Supreme Court of Justice of the Nation.

Counter-Hegemonic Visions of Self-Respect in a Novel: Ramamirthammal’s Challenge to Indian Nationalism

Periyar’s Self-Respect Movement challenged the ideological hegemony of the Indian Independence struggle by demanding that equality between sexes and eradicating caste be put on an equal footing with national liberation. The author analyses a chapter in a novel written by Muvalur Ramamirthammal, a reformer from a devadasi community, who joined the Self-Respect Movement and became an ardent abolitionist of the devadasi system. In a dialogue between an ex-devadasi, who is represented as a Self-Respect activist, and a Brahmin man with Indian nationalist views, the former devadasi highlights the Self-Respect Movement’s definition of modern citizenship based on the principles of self-respect and dignity of all beginning with women. The article concludes by discussing the novel's wider connection to the Self-Respect Movement and why further research on both respectively is crucial.

Caregivers’ limited rights to legally act on behalf of Alzheimer patients: Learning from the Brazilian experience

AbstractBackgroundThe Brazilian law 13.146/2015 implemented the UNO’s Convention on the Rights of Persons with Disabilities in 2016. It modified the private law rules concerning a person’s ability to legally act, and it does not acknowledge the concept of “total disability” anymore, but only “partial disability” or “restricted legal capacity” (with the exception of minors who continue to be legally incompetent). Other persons with limited intellectual or physical capacities are now legally “partially disabled”. The reason for this change of paradigm was the legislators’ aim to follow the Convention and to strengthen the principle of human dignity, one major foundation of the constitutional system. The law was certainly meant well, but it does, however, not allow any difference among the many kinds of disabilities. Whether being physical, intellectual, mental (as Alzheimer) or else, they are indiscriminately considered as one unique disability. The legislators created a problem for patients with Alzheimer: they cannot be considered totally disabled now, even if in fact they are. The (family) caregivers are now only in charge of the economic sphere of the disabled person. Thus, every aspect of personal life is legally left for the disabled (and often helpless) person to decide, whether it factually can, or not. Caring family members could not change the circumstances. However; the Supreme Court of the State of São Paulo has recently applied a wide interpretation of the law, extending caregivers’ rights to decide about the personal sphere of the patients.MethodsThe presentation will offer a brief comparative overview over the range of the problem, thus aiming to produce the followingResultsAn indiscriminate application of well‐meant rules can be counterproductive in the case of Alzheimer patients.ConclusionsThe UN Convention and national legislation should be taken from the Procrustean bed of absoluteness and instead softened and rethought in a way that caregivers can be enabled to act in the best interest of the patients.

Liberation theology and international social work

ABSTRACT Theologies of liberation are rooted in the expressions of the poor and those at the margins who seek to reflect and act on their oppression from a foundation of faith. Growing out of the experiences of the excluded, liberation theology seeks to shape the world by applying principles of inclusion, justice, human rights, dignity, and solidarity to their emancipation. Liberation theologies have implications for the practice of social work, not only with faith-based organizations, but as a foundation for the formulation to policy and practice from the perspectives of those who live and find meaning at the margins.

Programming Away Human Rights and Responsibilities? \u201cThe Moral Machine Experiment\u201d and the Need for a More \u201cHumane\u201d AV Future

Dilemma situations involving the choice of which human life to save in the case of unavoidable accidents are expected to arise only rarely in the context of autonomous vehicles (AVs). Nonetheless, the scientific community has devoted significant attention to finding appropriate and (socially) acceptable automated decisions in the event that AVs or drivers of AVs were indeed to face such situations. Awad and colleagues, in their now famous paper “The Moral Machine Experiment”, used a “multilingual online ‘serious game’ for collecting large-scale data on how citizens would want AVs to solve moral dilemmas in the context of unavoidable accidents.” Awad and colleagues undoubtedly collected an impressive and philosophically useful data set of armchair intuitions. However, we argue that applying their findings to the development of “global, socially acceptable principles for machine learning” would violate basic tenets of human rights law and fundamental principles of human dignity. To make its arguments, our paper cites principles of tort law, relevant case law, provisions from the Universal Declaration of Human Rights, and rules from the German Ethics Code for Autonomous and Connected Driving.

Response to Hirt, Alfred. Dalmatians and Dacians—Forms of Belonging and Displacement in the Roman Empire. Humanities, 2019, 8, 1

Taking a cue from Hirt’s paper, this contribution is mainly focused on contemporary juridical debate on the movement of people, and the legal status of foreigners in the Nation-State and the implications in terms of legal guarantees, of the conceptualization of the principle of dignity in historical perspective. The distinction between labor migration and forced migration gained importance through the centuries and played a significant role in the gradual emergence of the regulation of mobility and population flows in the Western countries. Geo-territorial circumstances (as remoteness, physical isolation due to mountains or deserts, and harsh weather conditions) have always been, and still are, strategic drivers of amalgamation of different social groups and solution of potential conflicts. In turn, the administrative procedures and practices and the concrete circumstances produced by public authorities affecting the settlement of migrants, foreigners and ethnic groups deserve particular consideration in the light of the principle of human dignity and its relationship with the concept of identity.

A EFETIVIDADE DOS DIREITOS FUNDAMENTAIS SOCIAIS E A PROTEÇÃO DO CONTEÚDO MÍNIMO PARA GARANTIA DA DIGNIDADE DA PESSOA HUMANA

A presente pesquisa teve como objetivo tratar da efetividade dos Direitos Fundamentais Sociais, protegendo o conteúdo mínimo existencial a fim de garantir o Princípio da Dignidade da Pessoa Humana. Para tanto, abordou-se sobre o conceito geral dos direitos fundamentais, identificando as suas principais características e a diferença com Direitos Patrimoniais, enfocando, brevemente, os princípios constitucionais da proporcionalidade e razoabilidade na aplicação dos direitos fundamentais e a fiscalização de normas perante a violação deste. Após, partiu-se para uma aplicabilidade específica, explicando o que são os direitos fundamentais sociais para, então, tratar sobre o conteúdo mínimo existencial e a justiciabilidade de tais direitos, relacionando-se com a Teoria da Reserva do Possível e o seu uso perante o Poder Judiciário como alegação do Estado para afastar o conteúdo mínimo existencial do dever deste em aplicar os direitos fundamentais sociais. Tratou-se também sobre a eficácia social de tais direitos, já que demandam a distribuição de recursos do Estado e a prática de políticas públicas para torná-los efetivos socialmente. O Princípio da Dignidade da Pessoa Humana foi tratado para explicar a sua relação com os direitos fundamentais sociais. Por isso, faz-se necessária uma análise da efetividade dos direitos fundamentais sociais, pois, não sendo efetiva a aplicabilidade deles, não há o que se falar em Dignidade da Pessoa Humana, já que aqueles são precursores desta. Quanto à metodologia, foram utilizadas as técnicas do referente, da pesquisa bibliográfica, da categoria e do conceito operacional.

The battle of narratives between the powers: party hyperfragmentation, judicialization of politics and supremocracy in the Brazilian political-institutional system

It is analyzed to what extend the battle of narratives between the powers demonstrates the weakening of democracy in the Brazilian political system, from the challenge raised by the phenomena of party hyperfragmentation, the judicialization of politics and supremocracy . The battle between the powers in the Brazilian institutional context is presented through the analysis of the political and judicial changes resulting from the STF's stance in the Impeachment process of former President Dilma Rousseff, Mensalao and Lava Jato´s Operation. Modified institutes at this juncture are related to the coalitions of party hyperfragmentation, the judicialization of politics, and the supremocracy . The research is qualitative bibliographic with analysis of studies on democratic theories and constitutional law, by Oscar Vilhena Vieira and the sociological research of Sergio Abranches. It follows that debate is needed for the consolidation of a substantial democratic system based on respect for the principles of human dignity in order to avoid constitutional malaise and authoritarianism.

Access to treatment in prison: an inventory of medication preparation and distribution approaches.

The preparation and distribution of medication in prisons or jails are critical for individuals to access their treatment. This process is resource-intensive for healthcare professionals and may violate principles of confidentiality, autonomy, respect, and dignity if non-qualified staff are involved. However, there are no published best practices on the topic. This report aims to bridge this gap by presenting the results of a mapping exercise on different models of medication preparation and delivery. Authors call upon healthcare professionals to enrich this live document to inform health services research further and improve access to prescribed medications for people experiencing incarceration.

Access to treatment in prison: an inventory of medication preparation and distribution approaches

The preparation and distribution of medication in prisons or jails are critical for individuals to access their treatment. This process is resource-intensive for healthcare professionals and may violate principles of confidentiality, autonomy, respect, and dignity if non-qualified staff are involved. However, there are no published best practices on the topic. This report aims to bridge this gap by presenting the results of a mapping exercise on different models of medication preparation and delivery. Authors call upon healthcare professionals to enrich this live document to inform health services research further and improve access to prescribed medications for people experiencing incarceration.

Prawo do naturalnego i godnego umierania

<p>The article addresses the issue of the right to natural and dignified dying in the case-law of the European Court of Human Rights. The right to life enshrined in Article 2 of the European Convention on Human Rights is currently balanced in judicial practice with the right to privacy. The right to effectively demand inflicting death is usually located in the sphere of autonomous human decisions. However, not only is the construction of such a right contrary to the principle of dignity of every person, but it would erode the guarantees vested in any terminally-ill person. The analysis of Strasbourg’s case-law setting a common standard for the ECHR Member States does not make it possible to assume the existence of the right to death as a subjective right of an individual. In the area of the protection of human life, States are obliged to take positive action. That relatively established case-law was clearly modified in the case <em>Lambert and others v. France</em>, as the Court crossed the red line in favour of passive euthanasia, accepting the vague French procedural rules recognizing artificial nutrition and hydration of the patient as a form of therapy that may be discontinued.</p>

A Delphi study to identify content for a new questionnaire based on the 10 Principles of Dignity in Care.

To generate content for a new questionnaire, based on the 10 Principles of Dignity in Care. Older people in hospital are vulnerable and at risk of harm, including indignity. The 10 Principles of Dignity in Care, which undergird the United Kingdom's Dignity in Care Campaign, have been used to promote dignified care for older people in hospital. A 2006 recommendation of the campaign was to survey people on their experiences of dignity in care. To undertake such a survey, a questionnaire based on the 10 Principles of Dignity is required. Qualitative methods based on a modified Delphi technique, assessed against the CREDES checklist. A Delphi panel of experts was convened that included: consumers, carers, clinicians, academics, policy experts and representatives from the National Dignity Council in the UK, Aboriginal people and people from culturally and linguistically diverse backgrounds. Fifty-seven experts consented to participate, over the three rounds of Delphi panel deliberations (response rate: R1 n=49, R2 n=47 and R3 n=44). The Delphi panellists were asked to rank, rewrite, relocate or remove items and suggest additional items, under each of the 10 Principles of Dignity in Care. The initial list of 93 items, generated from a review of the literature, existing questionnaires and drafted by the authors, was reduced to 87 items in Round 2 and 69 items in Round 3. A panel of experts were able to determine, based on their own judgement, and through consensus, the 69-items and response categories to be included in the patient and carer versions of the Dignity in Care questionnaire, to progress to a pilot study.

Quando um vírus nos desafia: pandemia, novas tecnologias e teletrabalho – desafios do século XXI

Este artigo aborda os principais desafios trazidos pelas novas tecnologias, pela Quarta Revolução Industrial e pela pandemia de COVID-19 no que se refere às relações de trabalho, ao teletrabalho e à preservação dos princípios constitucionais da dignidade humana, primazia do trabalho e do trabalho humano. Partindo da análise normativa e da literatura, observa que é necessária uma previsão mais abrangente do fenômeno do teletrabalho na legislação brasileira. Usa como referência comparativa a regulamentação da Organização Internacional do Trabalho e de Portugal.

A BUSCA PELA REALIZAÇÃO DA DIGNIDADE DA PESSOA HUMANA NO INSTITUTO DA ADOÇÃO

The adoption institute has undergone numerous changes over the years, and from the 1988 Federal Constitution onwards, the most important innovations began to take effect. From that moment on, the adoption began to gain a significant new guise to protect the rights of children and adolescents. In the present work, through doctrinal and jurisprudential research, through books and articles, it aims to make an analysis of the history and adoption process, which is a subject that is always very relevant and discussed in society, bringing positive aspects, such as innovations. who shifted the focus from suitors to minors, and broughta greater guarantee to their rights; and negative aspects such as prejudices, late adoption and the slowness of our legal system. The methodology included bibliographic survey. The main focus is to analyze the adoption process based on the principles of human dignity found in our Charter, and the principles that govern the adoption institute, and how it has been applied in the daily lives of children and adolescents , to ensure their fundamental rights and family life.

Translating dignity principles into practice for continence care for older people in care homes: A study protocol.

To develop, implement, evaluate, and disseminate an evidence-based, person-centred education program to protect the dignity of care-dependent older people with dementia and continence care needs in care homes. A mixed method two-phase design underpinned by integrated knowledge translation. An education program that frames dignity as the main goal of continence care will be co-designed with a purposive sample of care home staff who provide or supervise continence care for care-dependent older people with dementia in care homes and resident relatives. The program will then be implemented and evaluated in a representative sample of care home staff to determine its clinical relevance, feasibility, acceptability, and effects on staff ratings of dignity in continence care; self-reported continence care practices and the person centeredness of the environment. Data analysis will include descriptive statistics (survey data) and thematic analysis (focus groups). Funding obtained November 2018. Ethics approval obtained May 2019. This protocol outlines a mixed methods integrated knowledge translation protocol designed to translate principles about dignity into practice to improve the care of older people who are at risk of violations to their dignity in care homes. The outcome will be a contextually appropriate, evidence-based education program that protects the dignity of care-dependent older people who have dementia and continence care needs. Based on a sound theoretical model, the education program will be contextually appropriate for use in the care homes setting and contribute to improving the overall quality and safety of care in this setting. It could also support and inform continence care for other individuals who are care dependent. Adopting an integrated knowledge translation approach to the design and delivery of the education program and piloting it will ensure the program is contextually relevant and sustainable.