Meaning Of Self-determination Research Articles

The patient's right to self-determination in Hungary

The aim of the study is to examine, interpret, and explain the Hungarian legal regulations related to the patients' right to self-determination. The right to self-determination is one of the most extensively regulated patient right in the Healthcare Act. This right is of utmost importance, since it – together with the right to information – assists the patients in being able to make responsible decisions regarding their treatment. The article presents what the right to self-determination means, outlines its limitations, and also addresses who is entitled to give consent to healthcare interventions. The examination of the right to selfdetermination is considered a current topicactual, as evidenced by the legal disputes related to it in the courts.

Constructing decolonisation: the Greenland case and the birth of integration as decolonisation in the United Nations, 1946–1954

How did it become possible for Denmark to integrate Greenland into the colonial metropole during anti-colonial post-Second World War multilateral diplomacy on decolonisation? Scholarship on the evolution of international society generally equates post-war political decolonisation with the universalisation of sovereign independence. This leaves unaddressed that a quarter of colonial territories did not emerge as sovereign states in post-war political decolonisation. Through multi-archival research, this articles starts to address this conundrum by tracing the emergence of integration into the colonial metropole as a route to political decolonisation in early multilateral diplomacy within the United Nations and how this option was first applied to Greenland. Entering the diplomatic engine room, I demonstrate the generative impact of Danish diplomatic practices and the constitutive importance of a discourse of Danish colonial exceptionalism to explain the legal emergence of decolonisation as integration by 1952 and Denmark’s ability to employ this option in the United Nations by 1954. The implications of the paper for scholarship on the evolution of international society go beyond uncovering the emergence of integration as a legal option in political decolonisation. Through its attention to everyday discursive negotiation and diplomatic practice, the article nuances extant scholarship by demonstrating that early post-war multilateral diplomacy was less a quick propagation of universal sovereignty than a contentious, ongoing, negotiation over the meaning and application of self-determination.

Self-determination and State-building: Mosul Before the League of Nations, 1918–1932

ABSTRACT This article reconstructs the place of ‘self-determination’ and its conjunct, ‘minorities’ rights,’ as legal languages in the history of Iraq from the British occupation until its League of Nations-supervised independence in 1932. While historians understand the development of the Arab-led mandatory regime and its relationship to international, League-mediated politics, the potential for the politics of ‘self-determination’ to have created radically different geopolitical outcomes, particularly in the northern, heterogeneous province of Mosul, has only recently been acknowledged. Rather than treat self-determination as an analytical category, this article begins from the perspective of the concept’s novelty in the Middle East in 1918. State-building in Iraq through independence, I argue, depended on manipulating the doctrinal slippages between ‘self-determination’ and ‘minorities’ rights’ as much as it did on institutional processes. Through the emergence of the mandatory regime and in two critical League Council decisions – the Mosul territorial arbitration of 1925 and Iraqi independence proceedings in 1932 – the nascent Arab state, the British Empire, and the inhabitants of Mosul contested the meaning of self-determination. Their arguments had far-reaching implications, some unintended, for the shape of inter-war international politics and constitute an important – and earlier – episode in the interplay between decolonisation and the centring of the nation-state in international law in the twentieth century.

Toward understanding and enhancing self-determination: a qualitative exploration with autistic adults without co-occurring intellectual disability.

Self-determination is a fundamental human right positively related to quality of life. However, Autistic people are reported to be less self-determined than non-autistic people. We aimed to (1) understand what self-determination means to Autistic people from their perspective, (2) explore their perceptions of current barriers to being self-determined, and (3) learn from Autistic people about how they would like to be supported to be self-determined. Semi-structured interviews were done with 19 Autistic adults without co-occurring intellectual disability. Data were analyzed by three Autistic and two non-autistic researchers through an iterative process of data familiarization, coding, and theme development, informed by reflexive thematic analysis. Autistic Community Partners (ACP) were also engaged throughout the study, and provided substantive feedback on all methods and results. Self-determination held the same meaning for Autistic people as non-autistic people. More specifically, participants discussed having the opportunity and support to make choices and decisions in life without unnecessary control from others. Experiences of self-determination were centered around: (1) lack of opportunity, influenced by ableist expectations and discrimination, and (2) executive processing differences that interfered with choice and decision-making. Desired areas of support related to providing opportunities to (1) make choices and exert autonomy, (2) be supported to unmask and be valued as one's authentic Autistic self, and (3) offering pragmatic support for executive processing differences. Autistic adults desire to be self-determined and can flourish with support, as they determine to be appropriate, which might look different from support commonly offered or sought by non-autistic people. Although individualized support was discussed, the ideal desired support was for an inclusive society that values and respects their neurodivergence, rather than imposing ableist expectations. An inclusive society is only achievable through reduced (or eliminated) stigma and prejudice against Autistic people.

The Need for Advance Care Planning as a Pivotal Means for Respecting the Patient’s Will in Poland: Learning Points from Swiss and Australian Models

Abstract Self-determination is pivotal for a patient’s autonomy. Decisions at the end of life should reflect the human right to decide on the last days of life according to personal beliefs, philosophy, preferences, and values. Advance Care Planning (ACP) aims to ensure that patients receive medical care consistent with their values, goals, and priorities during progressive life-threatening chronic illness. We present decades-long experience of the implementation of ACP in different legal systems, in Switzerland and Australia, and the current legal situation of pro futuro statements in Polish law. Irrespective of jurisdiction and despite the apparent benefits of ACP, its implementation may face numerous impediments, i.e. poor public health messaging, a lack of skilled, trained personnel to deliver and sustain ACP initiatives, misunderstanding of the practical application of an advance care directive in real terms, and misperception of ACP as a form of crypto-euthanasia. Addressing these impediments would be a prerequisite for its successful national implementation. Furthermore, successful implementation needs public dialogue, collaboration between legislators and healthcare professionals, and engagement with the public, patients, and caregivers to foster a greater understanding of the true meaning of self-determination.

Contesting State Monologues: Indigenous Grassroots’ Struggles with Prior Consultation Norms in the Peruvian Amazon

AbstractPrior consultation (PC) has been an internationally enshrined norm for indigenous peoples’ rights since the 1980s. Indigenous peoples have called for PC for decades, but when governments finally begin implementation, a paradox results: previous advocates increasingly turn away from consultation processes. I argue that only with the perspective that norms are and should be contested “on the ground,” we are able to understand this contradiction. Therefore, the article presents a new conceptual and methodological interpretive framework for studying indigenous grassroots contestation. Drawing on ethnographic fieldwork in the Peruvian Amazon (2013–2016), I hone in on three layers of contestation—explicit contestation, attitudes and perceptions, and political implications—and demonstrate that (1) non-contestation confirms state monologues and is an alarming sign for silenced voices, not for norm support; (2) contested consultations reproduce asymmetries within indigenous groups replicating negotiations about extractive industry projects; and (3) opposition to consultation may be the most powerful tool for indigenous peoples to change narrow state interpretations and make use of veto rights. Scaling up these insights, the structure of PC accommodates two irreconcilable understandings: PC is either interpreted as an end in itself or as a means of indigenous self-determination.

КУЛЬТУРНОЕ САМООПРЕДЕЛЕНИЕ ЛИЧНОСТИ В ПОЛИКУЛЬТУРНОМ МИРЕ НОВЫХ ВЫЗОВОВ И НОВОЙ ОТВЕТСТВЕННОСТИ ПЕДАГОГА-НАСТАВНИКА

The article focuses on finding ways and means of cultural self-determination and self-realization of a personality in the global multicultural world, carried out in terms of new challenges to leadership, new requirements of cultural authentic communication, and speech thinking, and new responsibility in the spaces of continuous professional training as a dominant value. The purpose of the article is to substantiate the axiological approach to the formation of a multicultural picture of the world of the personality in the aspect of new requirements and new responsibilities in the event-based information and educational environment of intensive interaction. Methodology and methods of research include a critical analysis of the content and technological aspects of the axiology of education – training and education, the results of which become the basis for cultivating the value aspects of a culture oriented event environment of the continuous professional development of a mentor in terms of the educational paradigm with an emphasis on the development of spiritual values and moral needs of the personality. At the same time, we associate cultural self-determination of the personality and its spiritual and moral formation with the formation of a linguistic personality in the global space of multicultures and multilingualism of the educational process and education as a whole. The positive results of the author’s longitudinal approbation and implementation of the theoretical foundations of cultural self-determination of the personality are used as a mechanism for developing a value model for the formation of a lingua didactic readiness of a foreign language teacher to implement authentic communication within the continuous professional development of leadership qualities of a teacher-mentor. The scientific significance includes a description of the application of the principles of the axiology of education in the development of the parameters of the educational environment of the interaction within the framework of a regional project to provide unified scientific and methodological support for teachers-mentors. The theoretical significance is in clarifying the concept of psychological balance as the basis for cultivating the didactic readiness of a teacher as mentoring the youth. Practical significance is in didactic and methodological reports for creating the conditions for cultural communication within additional professional programs for teachers. The results of the study. The value dominants of modeling the communicative strategies and tactics of mentoring in the space of psychological balance and positive interaction for the purpose of cultural self-determination and linguistic/speech-making activity of a mentor as a leader who responds to new challenges and new requirements of the current multicultural world are determined. In conclusion the paper states that cultural self-determination of the personality as a continuous process of linguistic/speech-making self-realization can take place at three levels – Content, Technology, and Criteria/Evaluation. This process is possible if the leading principle of the value-significant culture & historic theory of L.S. Vygotsky, regarding the role of thinking and speech in the intellectual architectonics of the teacher’s activity is observed. Leadership, communication skills as productive speech/creativity and continuity in training and professional education are the leading factors in forming the system of didactic readiness for cultural self-determination of the personality in terms of spiritual and moral education of the youth.

The Reactionary Romance of American Slave Revolt: Scripting the Unthinkable in the Archive of the 1811 German Coast Uprising

Enslavers and their allies wrote in terrified, apocalyptic terms about slave revolts, particularly in the late eighteenth- and early nineteenth-century US. This essay suggests that by consistently framing slave revolt in these ways, proslavery white Americans constructed and reproduced a dominant, normative narrative about the meaning of Black self-determination, which this essay calls a "reactionary romance." This "romance" deemed Black self-determination an apocalypse-signaling antagonist against which the privileged body politic must continually and violently struggle in order to reproduce itself. It perversely drew on the rebellious actions of Black people as a way to enclose the prospect of Black freedom in a shroud of terror, rendering the suppression of Black self-determination an esteemed civic duty for the American citizen. This essay critically and historically analyzes this romance as it functions in archival documentation of the 1811 German Coast Uprising in southeastern Louisiana, the largest slave revolt in US history. The way that Louisiana planters told the story of the 1811 Uprising weaponized the reactionary romance to compel an expanding American empire (and its citizens) to protect and expand both the social and material structures of plantation slavery and the limits on moral and political imagination that attended these structures.

The Importance of Limited Self-Determination When M-Channel Migration Strategy Is Implemented

Theoretical background: Multichannel retailers can implement various migration strategies to induce consumers to use particular marketing channel. Some researchers indicated voluntary and forced customer E-channel migration strategies. Due to the negative consequences of a coercive strategy, a voluntary migration strategy is much more popular. Voluntary migration strategy provides multichannel shoppers a total freedom of their choice whereas the incentive-based migration strategy uses some stimulus in order to convince buyers to use specific marketing channel. Encouraging the buyer to behave in a particular way may cause him/her a negative self-determination perception. Limited self-determination means consumer conviction that a certain action was taken as a result of marketing initiatives, prompted by the seller, and is not the result of their free and independent decision. A self-determined customer is convinced of entering into a relationship with the provider on their own initiative. In the context of channel-based price differentiation, it is about the consumer's belief that a specific purchase channel has been selected as a result of a solicitation by the seller. According to researchers, limited self-determination can have potentially negative impact on the intention to buy. Purpose of the article: The presented research model refers to the customer intention to buy online (intention to stay there) in the multichannel context. Therefore, the aim of this paper is to contribute to existing literature on multichannel pricing and advance our understanding of factors influencing the customer intention to make a purchase in offline channel (to stay in a brick-and-mortar store) under the price pressure in mobile app. This study aims to investigate factors affecting the intention to purchase offline when m-channel migration strategy based on price incentives is implemented by the retailer. Special attention is devoted to the issue of limited self-determination in a channel-based price differentiation context. Research methods: The data comes from a questionnaire survey carried out in 2021. This study is a quantitative study employing a scenario-based approach. The total sample size is 500, cosmetics was the product category which the questionnaire was prepared for. For the purpose of the research, a SEM (Structural Equation Modelling) analysis using AMOS 26 was conducted. Main findings: This research extends the understanding of consumer limited self-determination and subjective knowledge and mobile app familiarity and its influence on the intention to buy offline when price incentives are provided in a mobile purchase app. Article adds to the existing literature on customer migration in a multichannel environment.

Correlation of the principles of territorial integrity of states and self-determination of peoples in international law

The article presents a comparative analysis of the principles of territorial integrity of states and self-determination of peoples in terms of international law. The principle of equality and self-determination of peoples, as well as the territorial integrity and inviolability of state borders, are among the basic principles of international law.
 At first glance, there is a certain contradiction between the exercise of the right of peoples to self-determination and the principle of territorial integrity of states, which provides that the territory of the state cannot be changed without its consent. The inability of the parties to find a peaceful solution to such a conflict leads to an increase in national conflicts, which often escalate into a military confrontation.
 From the content of the provisions of international law, it becomes clear that the principle of territorial integrity is aimed solely at protecting the state from external aggression. It does not apply only to those states that do not ensure the equality of the peoples living in them and do not allow free self-determination of such peoples. Conversely, if the state adheres to this principle in its activities, it is impossible to dismember it and violate its territorial integrity, "hiding" under this principle, because this state has already given peoples the right to express themselves within its borders.
 The right of the people to self-determination means that each nation is free to determine, without outside interference, its political status and to pursue its economic, social, and cultural development.
 In turn, the UN Millennium Declaration in fact spoke in favor of an only anti-colonial and anti-occupation interpretation of the principle of self-determination of peoples.
 Thus, the principle of the right to equality and self-determination of peoples does not encourage separatism and secession as a mandatory form of self-determination; on the contrary, the right to secession is directly limited to special cases, such as decolonization, the struggle against occupation and the racist regime.
 The same is confirmed in the practice of constitutional courts of states.

Statism’s Catch-22: An Austro-Libertarian Analysis of 'Self-Determination of Peoples' under International Law

“Self-determination of peoples” is a relatively new international law principle which has gone through numerous changes in its history, making it an elusive concept. The principle has received interest the last 30 years, prompted at first by the Soviet breakup, more recently by growing nationalist movements, and most recently by states’ totalitarian measures enforced in the name of combating COVID-19. Important issues concerning the future of self-determination’s status in and impact on the international system remain. This paper outlines and analyzes the history of self-determination using a three-phase framework. In Phase One, the principle was a non-legally binding political principle. In Phase Two, the principle became legally binding but was limited to the decolonization context. In Phase Three, the principle becomes a universally accepted human right that some judges and jurists argue has become a peremptory norm of international law (jus cogens), which no state can violate under any circumstances. This historical inquiry reveals that the principle has always been asserted and argued against by states with the goal of maintaining or gaining power for themselves. This paper then summarizes the principle’s modern incarnation as a human right under international law, whereby “peoples” – i.e., the entire population of a state’s territory – have the right to both “external” and “internal” self-determination. “External” self-determination is the right of a people to have a state with independent international status. “Internal” self-determination means that the people in the state must be free to pursue their economic, social, and cultural development, while having adequate ability to participate in government. Self-determination and secession are often paired together, but current international law does not directly allow or disallow secession. This paper then delineates theoretical issues the modern incarnation of the self-determination principle poses for statism and the international system, including: how to define “peoples” under the principle; what the relationship of the principle to states’ sovereign territorial integrity should be; how to redraw state boundaries after a successful secession; whether radical self-determination leads to violent conflict; and what is the relationship of unfettered secession to liberal-democratic theory that much of the international system is based upon. Then, this paper applies Austro-libertarian theory to these issues, arguing that: the principle relies on an unfounded collectivist conception of rights; the international system slavishly adheres to the incoherent concept of states’ sovereign territorial integrity; the principle, when its inconsistencies are removed, must theoretically justify unfettered secession; and the conflation of democracy with both liberalism and government by consent keeps properly understood self-determination from being achievable in fact. This paper concludes that the modern self-determination principle’s theoretical deficiencies and inconsistencies present a catch-22 dilemma for the international system. Either self-determination must be extended to take supremacy over state territorial integrity, or it must be rejected explicitly and entirely. Either choice, or trying to split the difference between them, incentivizes delegitimization of statism and the international system.

The Never-Chosen: Samson Occom, the New Divinity, and Indigenous Self-Determination

The Never-Chosen: Samson Occom, the New Divinity, and Indigenous Self-Determination

From the Indian Ocean to the Arctic: What the Chagos Archipelago Advisory Opinion Tells Us about Greenland

On February 25, 2019, the International Court of Justice issued its advisory opinion on Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965. The judges held by a majority of 13:1 that the process of decolonisation of Mauritius is incomplete, owing to the separation of the Chagos Archipelago shortly before Mauritian independence, that the United Kingdom should end its administration of the Chagos Archipelago as rapidly as possible, and that all Member States of the United Nations should cooperate to complete the decolonisation of Mauritius. The (partial) decolonisation of Mauritius in 1968 and the treatment of the Chagos islanders (Chagossians) have important parallels with the purported decolonisation of Greenland in 1952–54. In both cases, the consultative body of the colonised people was neither fully independent nor representative of all the people concerned. No real choice was given to either body; rather the colonial power offered only the continuation of the status quo or professed self-determination on terms defined by the colonial power itself. Furthermore, the process of decolonisation was inherently linked to the forcible transfer of people in order to make way for a United States military facility. Nevertheless, there are some relevant differences. First of all, Greenland was purportedly decolonised in 1953, some seven years before the UN General Assembly Declaration on the Granting of Independence to Colonial Countries and Peoples (UNGA Res. 1514(XV) 1960). Second, the UN General Assembly accepted the Danish government’s representations regarding the full decolonisation of Greenland (UNGA Res. 849 (1954), in contrast to their position regarding Mauritius that decolonisation was and remains incomplete, owing to the separation of the Chagos Archipelago (UNGA Res(XX) 1965). Third, though the Chagossians have been recognised as indigenous at the UN, the British government has continually denied this status and (mis)characterises them as a transient people, while Denmark has accepted the status of the Greenlanders as both an indigenous people and a colonial people, entitled to self-determination. This article examines the implications for the judgment for the Greenland case as well as broader questions of self-determination of peoples. It concludes that the colonial boundaries continue to govern in decolonisation cases, with the consequence that the Greenlanders are likely to be held to be a single people; that the erga omnes character of the right to self-determination means that all States must cooperate to facilitate Greenlanders’ choices for their future; and that there remain significant procedural hurdles that prevent colonial and indigenous peoples having their voices heard, even in the matters that concern them most of all.

Struggling for a Dignified Life: The Meaning of Self-Determination in Palliative Phase in Residential Care

To understand the meaning of self-determination in residential care, as experienced by residents in the palliative phase, a hermeneutic approach was used to analyze 20 interviews. The results showed that lacking self-determination threatened the residents' experiences of living a dignified life. Bodily decline and dependency forced residents to adapt to new circumstances, making them experience changes in self-image, loneliness, a loss of influence over their lives, and a diminishing of their needs. To navigate this new situation, they strove to keep control over their lives, held on to their identities, and accepted help from trusted persons.

A AUTODECLARAÇÃO E AS MEDIDAS AFIRMATIVAS PARA A PROMOÇÃO DA IGUALDADE RACIAL NO BRASIL

O objetivo deste trabalho é analisar o critério da autodeclaração étnico-racial adotado pela legislação brasileira para a implementação de medidas afirmativas voltadas à promoção da igualdade racial. A partir da obra de Stuart Hall (2006), busca-se compreender o significado de identidade, pertencimento e autodeterminação como categorias de análise úteis para a compreensão da autodeclaração étnico-racial no Brasil. Parte-se da premissa de que o critério da autodeclaração se apresenta como um instrumento hábil para reforçar a identidade, o pertencimento e o reconhecimento como sujeitos de direito de grupos historicamente alijados do processo de construção de importantes esferas dos espaços públicos e, consequentemente, exercer influência em dimensões que impactam a mobilidade social no país.

The Assessment of Self-Determination in Spanish and American Adolescents: The Self-Determination Inventory: Student Report.

The purpose of this study was to explore the cross-cultural validity of the Self-Determination Inventory: Student Report, a newly developed measure of self-determination grounded in Causal Agency Theory. The tool was translated to Spanish and administered to American and Spanish adolescents. The sample was structured to include adolescents with and without intellectual disability in both cultural contexts. More than 3,000 students in the U.S. and Spain aged 13 to 22 completed the assessment. Findings suggest that the same set of items can be used across cultural contexts and in youth with and without intellectual disability, although there are some specific differences in item functioning across students with and without intellectual disability in Spain that must be further researched. There were specific patterns of differences in latent self-determination means, with students with intellectual disability scoring lower in the U.S. and Spain. Implications for assessment research and practice in diverse cultural contexts are explored.

Stories and Words, Advocacy and Social Justice: Finding Voice for Aboriginal Women in Australia

. A framework of self-determination means not speaking on behalf of people – even as an advocate – but to create the environment and conditions for those who have been silenced to speak for themselves. This article reflects on the role of storytelling for justice for Aboriginal and Torres Strait Islander children and their families. I closely consider three stories of child removal, as told by their impacted families, and in their localised context. This article counterposes the stories that are told about them through care and protection law and related policy, and draws out the long precedent of these stories. Through the stories of impacted families, told in their own voices, it becomes clearer that the removal of Aboriginal and Torres Strait Islander children from their families is a key pillar of a concerted and complex colonial project. This has implications for how people working in law come to see the power of storytelling within and outside legal institutions, and how they can do those stories justice by making space for them to be heard on their own terms.

Reappraising Charles Webb’sThe Graduate(1963): Exploring cultural and historical elements of a character in the contemporary economy

This article seeks to examine, in a cultural–historical perspective, how the ‘graduate’ has developed as a character central to a significant segment of the contemporary labour market. The argument begins by showing how the rise of the ‘new’ or ‘knowledge economy’ (throughout the 1990s and 2000s) became a new source of pressure on generations entering the world of work. Higher education has been, and continues to be, presented by political, corporate and educational institutions as a core platform upon which future possibilities of personal achievement and accomplishment depend. Gradually, the vocabulary and character of the ‘graduate’ has become more visible through complex and refined modes of cultural dissemination. The themes through which this character is articulated today have, we argue, cultural roots that are not entirely new. With reference to David Riesman’s early understanding of the formation of this kind of cultural ‘character’, we examine Charles Webb’s 1963 novel The Graduate. As a cultural–historical resource, it can be revisited half a century later in order to investigate the historical movement of certain themes and questions that now outline what a ‘graduate’ could and should be. The imperatives that underlie the labour market for graduate schemes open up questions that pertain not only to immediate matters of employment. Rather, the discourses of ‘graduate work’ and ‘employability’ now appropriate deeper concerns regarding the meaning of individual freedom, choice and self-determination. Who is the ‘graduate’ and what are some of its cultural roots?

Informational Self-Determination, Digital Health and New Features of Data Protection

Health data outside the medical context should be better protected against governments and companies. The advance of personalised health environments changes the meaning of informational self-determination in healthcare. Outside the medical context, there is an imbalance between people's ability to truly determine the usage of their health data and the data power of companies and governments. To create a proper balance, people need additional protection, for which I propose a coherent set of recommendations in my dissertation: patient confidentiality by law, prohibition of the trade in health data, a digital butler and the rest of the recommendations I mentioned.Keywords: Informational Self-Determination, Digital Health, Digital Buttler

Comments on Gerard Delanty’s article ‘What does self-determination mean today? The resurgence of nationalism and European integration in question’

Comments on Gerard Delanty’s article ‘What does self-determination mean today? The resurgence of nationalism and European integration in question’