Principle Of Dignity Research Articles

Dignity, Wisdom and Expediency: How Ideational Factors Shape Iran’s Foreign Policy

ABSTRACT The weight of ideational factors has always been felt in Iran’s foreign policy processes as it, often times, outweighs that of material factors in its strategic calculus. Since 1979, the revolutionary state identity has focused on keeping the country independent and shaped its foreign policy continuum of enmity and amity accordingly. As the centrepiece of Iran’s foreign policy enactment and framing, independence brought ideational factors into Iran’s foreign policy processes. A close look into the past four decades suggests that strategic proportionality – based on the three principles of dignity, wisdom and expediency – vis-à-vis rivals and foes directed much of Iran’s foreign policy conduct, connecting ideational and material factors.

Geoethics to Start Up a Pedagogical and Political Path towards Future Sustainable Societies

The development of geoethics is at a turning point. After having strengthened its theoretical structure and launched new initiatives aimed at favouring the spread of geoethical thinking, geoethics must deal with some issues concerning the social organization of dominant cultures, the existing economic structures, and the political systems that govern the world. Nowadays geoethics must move towards the construction of a pedagogical proposal, which has a formative purpose, for future generations and the policy leaders, but also a political one, in the noble sense of the term, that is, concerning the action of citizens who take part in public life. The pedagogical and political project of geoethics will have to be founded on the principles of dignity, freedom, and responsibility on which to ground a set of values for global ethics in order to face planetary anthropogenic changes. Furthermore, this project must be inclusive, participatory, and proactive, without falling into simplistic criticism of the current interpretative and operational paradigms of the world, but always maintaining realism (therefore adherence to the reality of the observed facts) and a critical attitude towards the positive and negative aspects of any organizational socio-economic system of human communities. In our vision there can be no sustainability, adaptation, or transition in human systems that do not pass through an ethical regeneration of the human beings, who are aware of their inborn anthropocentric and anthropogenic perception/position and assume responsibility for the consequences of their actions impacting the Earth system. In fact, the ecological crisis is the effect of the crisis of humans who have moved away from their intimate human nature. Through this paper we want to enlarge disciplinary areas that should be investigated and discussed through the lens of geoethical thinking and propose geoethics for an ethical renewal of societies, making them more sustainable from a social, economic, and environmental perspectives.

She’ll be right mate: Australian complacency and national responses to wicked social problems

As the 6th largest country by land mass but 55th by population (exceeding 25 million), and ranked 13th by GDP per capita by the OECD, Australia is often characterised as an affluent developed Western democracy, and seeks to project an international image as a progressive, ethical, fair and tolerant society. This commentary explores inconsistencies between Australia’s idealised identity as a modern egalitarian society concerned with the welfare of all and the economic and social reality for a significant and growing number of citizens; it highlights how the COVID-19 pandemic has exacerbated these discrepancies. The commentary attributes contradictions in the Australian character and culture to the absence of a national charter of core values that institutionalises respect for the principles of human dignity and equality.

Psychological and legal features of resocialization of convicted persons

Purpose. The aim of the article is to analyze the elements of resocialization of convicted persons, methods of influencing the process of formation of law-abiding behavior for life at large, as well as psychological and legal factors influencing the process of adaptation of convicted persons to lawful self- actualization at liberty. Methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. Such methods of scientific cognition as terminological, system-structural, dialectical, comparative, logical-normative, and logical-semantic were used during the research. Results. In the course of the research, it is stated that resocialization of convicted persons is a continuous process aimed at the conscious restoration of the convict in the social status of a full member of society, which is hindered by socio-psychological deviations of legal awareness of the convict and society, the immediate environment of the person serving sentences. Resocialization of convicted persons should take place based on the respect for human rights and freedoms, in accordance with the principles of human dignity, as well as domestic and international normative and legal acts. Scientific novelty. In the course of the research, it is established that a full-fledged, effective process of resocialization should be aimed at correcting the distorted legal consciousness, lawful social and normative formation of a person in society, as well as preventing the negative consequences of forced isolation from society. Practical significance. The results of the study can be used in law-making to improve the current legislation and bring it closer to European standards in order to enrich the universal values that constitute the content of the requirements of natural law, as well as to increase the effectiveness of legal regulation of public relations through the enshrinement of guarantees for the implementation, provision and protection of human rights and freedoms in the current legislation.

(Un)making in sustainability transformation beyond capitalism

Theorizations of sustainability transformation have foregrounded the construction (making) of novel socioecological relations; however, they generally have obscured processes of deliberate deconstruction (unmaking) of existing, unsustainable ones. Amidst ever more compelling evidence of the simultaneous unsustainability and continued reproduction of capitalist modernity, it is misguided to assume that transformation can happen by the mere construction of supposed ‘solutions’, be they technological, social or cultural. We rather need to better understand whether and how existing institutions, forms of knowledge, practices, imaginaries, power structures, and human-non-human relations can be deconstructed at the service of sustainability transformation. This paper demonstrates the usefulness of a lens that attends to processes of making and unmaking in sustainability transformations through an analysis of an ongoing sustainability transformation, the territorios campesinos agroalimentarios (TCA) endogenous territorial figure and peasant movement in Colombia. TCA is transforming territory beyond capitalism on the basis of relational ontologies and principles of autonomy, dignity and sufficiency. This paper identifies processes of unmaking of capitalism in the TCA and demonstrates how they are concretely entangled in the construction of post-capitalist realities. This paper sketches a research agenda on sustainability transformation that is sensitive to and theoretically equipped for the analysis of transformation as a multifaceted, multilevel process that entails the deconstruction of capitalist modernity and the construction of post-capitalist realities. Central to this agenda is a plural engagement with theories of social change from across the social sciences and humanities, which have not previously been mobilized for this endeavour.

A INEXISTÊNCIA DE ISENÇÃO DO IMPOSTO SOBRE A PROPRIEDADE TERRITORIRIAL PREDIAL E URBANA (IPTU) AO IDOSO: UMA AFRONTA AO PRINCÍPIO DA DIGNIDADE DA PESSOA HUMANA?

The purpose of this article is to observe the changes occurring in society as well as the fundamental guarantees tangent to the human person, taking into account the right of property as a total focus on the elderly person in order to answer the following question: would there be no exemption from the Tax on Urban Territorial Property (IPTU) violating the principle of contributory capacity and consequently the principle of human dignity? In order to solve this problem, the study will go through a brief analysis of the principle of human capacity, through taxation in order to better understand the principle of contributory capacity, by the intrinsic characteristics of the elderly person, taking into account a brief explanation of psychology with regard to the meaning of housing for the elderly.

The Neoliberal University in Ireland: Institutional Bullying by Another Name?

New managerialism and the pervasive neoliberalisation of universities is by now a well-established phenomenon. Commentaries explore the political and economic drivers and effects of neoliberal ideology, and critique the impact on higher education and academic work. The impact on the health and well-being of academic staff has had less attention, and it is to that we turn in this paper. Much academic interest in neoliberalism stems from the UK, Australia and the United States. We draw particularly on studies of public Irish universities, where neoliberalism, now well entrenched, but something of a late-comer to the new public management party, is making its presence felt. This conceptual paper explores the concept of neoliberalism in higher education, arguing that the policies and practices of new public management as exercised in universities are a form of bullying; what we term institutional bullying. The authors are researchers of workplace culture, workplace bullying and incivility. Irish universities are increasingly challenged in delivering the International Labour Organisation (ILO) principles of decent work, i.e., dignity, equity, fair income and safe working conditions. They have become exposed in terms of gender imbalance in senior positions, precariat workforce, excessive workload and diminishing levels of control. Irish universities are suffering in terms of both the health and well-being of staff and organisational vibrancy. The authors conclude by cautioning against potential neoliberal intensification as universities grapple with the economic fallout from the COVID-19 pandemic. This paper reviews neoliberalism in higher education and concludes with insight as to how the current pandemic could act as a necessary catalyst to stem the tide and ‘call out’ bullying at the institutional level.

Avoiding 'selection'?-References to history in current German policy debates about non-invasive prenatal testing.

This article investigates the role of historical references and arguments in the current policy debate on non-invasive prenatal testing (NIPT) in Germany. It analyses major documents and opinion statements, including the recent parliamentary debate (2019). The implementation of NIPT is accompanied by concerns and strong criticism, particularly in Germany. Many perceive the new test to be a problematic step that facilitates selective practices and is reminiscent of eugenics. Analysis of the German policy discourse shows that 'eugenics', and even more strongly, 'selection', are pivotal terms for rejecting NIPT and its coverage by public health insurance. They touch on a historical dimension in public deliberation, namely the fundamental distancing from the inhuman practices of the National Socialist period and anything that resembles them. However, using these terms to criticize prenatal genetic testing is controversial, and recent discourse demonstrates their avoidance as well, with many supporters of a limited coverage by public health insurance contrasting their approach with more widespread screening. Here, 'screening' has a negative connotation, and functions to demarcate the debate in a way that may reflect distance from certain modes of historical reasoning, but still expresses a special need to reconcile prenatal testing with the principles of dignity, inclusion and diversity. This article aims to elucidate the concerns involved in the national debates on prenatal testing and to increase awareness of the historical dimensions of the language and reasoning with which such methods are negotiated today and in future.

What can European Principlism Teach about Public Funding of IVF? The Israeli Case.

Fertility treatments, which are part of "assisted reproductive technologies" (ART), mainly undertaken through in vitro fertilization (IVF), offer the opportunity to infertile couples to conceive. IVF treatments are undertaken in Israel in significantly higher numbers than in the rest of the world. As such, Israel provides an important case-in-point for examining the validity of the actual claims used to justify the more generous public funding of IVF treatments at the policy level. In this article, we utilize an analytical philosophy approach to conduct this examination. First, we highlight two fundamental concepts that were used at the Israeli public policy level in order to justify the generous public funding of IVF treatments. These concepts are "emotional vulnerability" and the "worthlessness of the childless," where the latter emphasizes the infinite value of children. Then, by applying the perspective of the European model of Bioethical Principlism, and focusing the attention to these two concepts we show that these justifications are invalid. Specifically, it is suggested that these concepts are on the one hand both relying on and expressing the principles of vulnerability, dignity, and integrity; yet on the other hand, these concepts are also undermining the very principles of bioethics they are supposed to express and rely on. Based on this suggested criticism, we offer two "take home" messages informed by our analysis of the Israeli case, but reaching beyond it.

DIREITO À REPARAÇÃO NO CASO DE ACIDENTES DE TRABALHO EM PORTUGAL

Os acidentes de trabalho, fenómeno traumático e incapacitante, são marcados por uma diversidade de conceções. Do ponto de vista sociológico, o acidente personifica a degradação das condições laborais e constitui-se como condição sine qua non para o reforço do direito à reparação. Em termos jurídicos, o conceito de acidente é, no contexto português, limitado pela definição dos pressupostos legais da sua qualificação e pela redução das suas consequências às dimensões físicas e económicas.O conhecimento das experiências individuais de acidente de trabalho demonstra que a reparação segue em contramão dos princípios da dignidade e do reconhecimento do valor da vida. Através da análise da jurisprudência portuguesa, este artigo pretende contribuir para a construção de pontes analíticas entre os conceitos sociológicos e jurídicos de acidente de trabalho. Para tal é fundamental compreender como a atuação dos tribunais pode contribuir para ultrapassar a “zona cinzenta” entre o direito à reparação e a dignidade do trabalhador.

Chapitre 2. Le principe de dignité : un principe universel de portée limitée.

Internationally, as in many national texts, human dignity is repeatedly invoked as the cardinal reference in bioethics. In reality, this principle has particular legal characteristics linked to its dual nature of objective principle and subjective principle. However, insofar as it constitutes, in its objective dimension, an obstacle to the instrumentalization of the human being, it sometimes seems to present an incantatory and rhetorical character. In this sense, the conception of fundamental rights organized exclusively on the basis of the freedom of a self-centered individual turns out to be less protective than the principle of dignity as it is the basis of prohibitions.

THE FIRST ROMANIAN REGULATION ON MORAL HARASSMENT

Since August 10 th 2020 entered into force the first Romanian normative act expressly regulating the moral harassment, Law no. 167/August 7th 2020 amending Government Ordinance no. 137/2000 on the prevention and sanctioning of all forms of discriminations, and Law no. 202/2002 on equal opportunities and treatment for women and men. In July 2020, about one month before the coming into effect of the regulation on moral harassment, the Law 53/2003 -the Labour Code- was amended through Law no. 151/2020 which supplements the provisions safeguarding the principle of equality of treatment and the principle of human dignity. The paper is an analysis of the rights and obligations provided for by the recently adopted legal framework, of the legal measures having as purpose to improve the protection of these principles, identifying the legal aspects of an absolutely new character, highlighting the benefits of the new regulations for vulnerable holders of such rights, as well as some of Romanian legislator's reasons. Even if moral harassment is not a new phenomenon at all, the abuse behaviour and its numerous faces, its consequences on physical, mental and emotional health, the existence of equality and dignity rights and the possibility to defend them are less known in Romania, and therefore less respected. The new regulations above safeguarding against visible and invisible abuse, particularly the Law no. 167/August 7th 2020 modifying the Government Ordinance no. 137/2000, should be considered a great first step toward a new age of fundamental rights protection in the Romanian society. Keywords: moral harassment, principle of human dignity, principle of equality of treatment, physical, mental and emotional health, stress and physical exhaustion, high liability standards.

Conspiração do silêncio: análise bioética a partir de um caso clínico

Introduction: Good communication in palliative care is a powerful instrument. It aims to alleviate suffering without eliciting misunderstandings or fear. It should convey serenity and trust. The collusion of silence is a major barrier to the end of life caring process. For the family, keeping the silence about the situation aims to protect the patient’s psychological well being without undue stress. Caught between the two parties, the health professional must consider the constraints that challenge ethical principles, and legal and deontological norms. Bioethical reasoning helps us to consider the conflicts and problems we face in our professional activity. Aim: To develop a reflection based on the principles of bioethics about a situation of collusion of silence. Materials and Methods: Ethical discussion originating in a clinical case, based in a literature review. Discussion: Ethical reasoning is guided by the respect towards the human being – unique, multidimensional and posessing inherent dignity. Dignity is assumed as an ethical, moral and legal principle. The collusion of silence from the standpoint of ethical principles is the leitmotif of a reflexion on a common situation in clinical practice. This situation deprives the patient from exercising his/her autonomy and from receiving fair and holistic care. Conclusion: Withholding information from the patient challenges the ethical principle of human dignity, depriving him/her of the free use of autonomy to decide on the best course to follow. Ethical principles are indissociable and must be approached as a whole. The right to clear information is essential for conscious choices from the patients.

Health hazard allowance for Nursing professionals: A reflective analysis under the principle of human dignity.

Objective:to discuss the classification of the health hazard allowance due to exposure to biological agents attributed to Nursing professionals, based on legal and occupational parameters supported on the principle of human dignity.Method:an original reflection study with theoretical analysis on legislation, jurisprudence and Occupational Health focused on the biological risks, health hazard and rights of Brazilian workers. The discussions were based on the current legislation and on scientific evidence.Results:the classification of the health hazard allowance due to exposure to biological agents attributed to Nursing professionals is not in line with the factual situation experienced by them.Conclusion:it becomes necessary to broaden the discussion on the subject matter and to review the effective and fair compensation of Nursing professionals due to exposure to potentially contaminated biological agents in their work environments, given that the health hazard allowance is a worker’s right and is based on human dignity.

A LEI Nº 12.654, DE 2012 (PERFIS GENÉTICOS CRIMINAIS) E AS ALTERAÇÕES DO PACOTE “ANTICRIME” NA LEI DE EXECUÇÃO PENAL: UMA ANÁLISE CRÍTICA

This article aims to address the main aspects of Law 12.654/2012, which amended the Brazilian Criminal Execution Law to introduce art. 9-A, for the creation of a criminal genetic profile bank in the country for perpetrators convicted of more serious crimes, expressly listed by the Law. In addition, it updates the main changes made by the so-called "Anti-Crime Package" (Law 13964/2019) in this same matter, given the overthrow of the presidential vetoes to the package and the introduction of several new paragraphs in art. 9-A of the LEP. Parallel to this presentation, the article makes a critical analysis of the creation of this database of criminal genetic profiles in Brazil, in light of the democratic rule of law in force, highlighting the infringement of the principle of human dignity by a compulsory measure violating the rights of personality that makes the convict a kind of “transparent man”.

Amadou Hampâté Bâ (1901-1991) and Mohandas Karamchand Gandhi (1869-1948): Two Apostles of Tolerance

Hampâté Bâ and Gandhi, two thinkers emblematic of two distinct geographical, historical, cultural and religious locations exhibit commonalities that are thought provoking. Both demonstrate a common penchant for principles of tolerance and human dignity for all people, across barriers of caste, color and creed. Understandably, both came to be seen internationally as men of wisdom, as free spirits, resolute even in the face of their unsettling times. Indisputably, the path the two men chose reveals glaring dissimilarities : Gandhi, more than Hampâté Bâ, represented a challenge for the colonial administration. Yet what unites them, however, is their shared experience of territorial colonization, closely documented in their autobiographies, but also the ways in which both constructed their ideas of tolerance in conjunction with strands of Western thought. Alternately reading them together and against each other, this essay seeks to uncover the imbrications that connect their trajectory and their thinking.

Human rights in law and in practice

Human rights are based on the principle of inherent dignity and the entitlement to enjoy her/his rights without facing any form of discrimination. There is a need to secure to each person an equal and inalienable right to live in freedom to enjoy equality, to be treated justly and to live in peace. The realization of Human Rights lies at the heart of democracy, development and good governance. Every nation should seek to make human rights a reality for every citizen and ensure that these rights are protected, promoted and not violated by the State. This paper aims to examine all the provisions made under various international and national measures to protect the human rights and also suggest the practical approach and implementation of these measures.

Bioethics and Biolaw in the Vaccine against COVID 19 in Brazil

The pandemic that was caused by COVID 19 made the world rethink ethical principles, morals, and justice, but always side by side with science. Never has bioethics been thought of so much, as a science that aims to provide the ethical content so that the human being is treated with dignity in the face of scientific techniques that concern life. Bio law as a branch of legal science reveals itself as an indispensable branch to the legal system, to regulate and reconcile biotechnological advances with the principle of human dignity, founded on democracy and the defense of fundamental rights. In the international sphere, the right to life is foreseen in art. 4 of the 1969 American Convention on Human Rights, a document that was ratified by Brazil and comes from the regional system. In the Brazilian legal system, the provision is in article 1, clause III, of the Federal Constitution of 1988, which established human dignity as the foundation of the Democratic State of Law, also regulating, in article 5, the right to life. Starting from these guidelines that the human being should not be considered a "thing", or an instrument, the thought, even if philosophical, can lead to important conclusions in the field of scientific experimentation, especially with what has been happening in relation to the vaccines for COVID-19, that even if approved by a committee and following international protocols, one cannot guarantee with them the absolute protection of human dignity, principles of bioethics and fundamental human values. And, because of these discussions, the courts are urged to manifest themselves about the refusals of workers to be vaccinated.

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.