Principle Of Self-determination Research Articles

Three Different Currents of Thought to Conceive Justice: Legal, and Medical Ethics Reflections

The meaning of justice can be defined according to a juridical, human, theological, ethical, biomedical, or social perspective. It should guarantee the protection of life and health, personal, civil, political, economic, and religious rights, as well as non-discrimination, inclusion, protection, and access to care. In this review, we deal with three theoretical concepts that define justice in all its aspects. (1) The utilitarian theory, which justifies moral statements on the basis of the evaluation of the consequences that an action produces, elaborating a pragmatic model of medical science. (2) The libertarian theory, which considers freedom as the highest political aim, thus absolutizing the rights of the individual; here, the principle of self-determination, with respect to which the principle of permission/consent is the fundamental presupposition, plays a central role in the definition of the person. (3) The iusnaturalist theory, in which man’s moral freedom is identified with the ability to act by choosing what the intellect indicates to him as good; the natural moral law that drives every conscience to do good is therefore realized in respect for the person in the fullness of his rights. In conclusion, different forms and conceptions of justice correspond to different organizations of society and different ways of addressing ethical issues in the biomedical domain.

Sustainable Indigenous Governance: Catalysts for Economic Development in India

In India we have too many different communities with vast tradition and culture. In order to enhance their own way of life we have to protect the indigenous nature of governance. The idea of indigenous governance for economic development in India combines traditional knowledge and governance structures with modern development strategies. This model of indigenous governance is based on the central role of community-led initiatives, practices and management to promote sustainable economic growth. This research paper aims to make a correlation between indigenous governance and economic development. This paper also advocates a top-down approach to prioritizes the aspirations, needs and values of indigenous communities, to ensure their active participation in decision-making processes. This indigenous governance model is important to rethink development paradigms and make them more inclusive and equitable. By following this indigenous governance and leadership models, our country can find the way for a development strategy that is not only economically valuable but also socially and environmentally sustainable. India can harness the potential of its diverse cultures for inclusive and sustainable economic development by creating an enabling political environment that respects and takes into account indigenous governance systems. The principle of self-determination is a key to this indigenous model, which can allow different communities to follow their own development paths in accordance with their cultural heritage and environmental protection. To improve the economic well-being of indigenous peoples and to preserve their natural resources, cultural identity and traditional knowledge for future generations, the government should follow the indigenous approach of governance.

Don’t be shame, be game! Responding to HIV and AIDS in Aboriginal and Torres Strait Islander communities

This article explores the under-examined history of how Aboriginal and Torres Strait Islander communities responded to HIV and AIDS in the 1980s and 1990s. When HIV emerged as a public health threat in Australia, Indigenous healthcare workers and community leaders developed and delivered health promotion programs that were highly successful in preventing the spread of the virus among their communities. These programs drew on the political principles of self-determination and community control, fought for by the Black activism of the preceding decades. This article follows the story of one healthcare worker, Aunty Gracelyn Smallwood, who was instrumental in advocating for and implementing the grassroots Indigenous response to the virus. A proud Birrigubba, Kalkadoon and South Sea Islander woman and registered nurse, Aunty Gracelyn’s outspoken advocacy took her from her hometown of Townsville all the way to the highest offices of Australia’s AIDS response, where she helped shape and implement a world-leading approach to HIV and AIDS prevention.

Giuseppe Mazzini and revolutions in the Third World: transnational echoes of Mazzini’s emancipatory nationalism

ABSTRACT This article argues that, to understand the 20th century, it is instructive to reflect upon the thought of Giuseppe Mazzini which, to a greater extent than that of Karl Marx, shaped the revolutionary struggles of the period under the banner of the myth of class or nation. Mazzini’s thought is paradigmatic of a wide range of revolutionary political systems, inspired by an ideology that sought to reconcile class and nation in the myth of the ‘third way.’ This is particularly evident in the revolutionary struggles that inflamed the Third World during the era of decolonization, and which made the principle of self-determination of peoples, collaboration between classes, emotional appeals to the people and the ethic of sacrifice and work – all central to Mazzini’s ideology – their pièces de résistance.

The changing (and multifaceted) role of the principle of self-determination in the Dutch euthanasia practice

The changing (and multifaceted) role of the principle of self-determination in the Dutch euthanasia practice

On the International Law Issues of Crimean Public Investment in Russia

On March 16, 2014, Crimea held a referendum to leave Ukraine as part of the Russian Federation. The referendum is a legal procedure used by the people of a region when applying the principle of national self-determination, while the public investment in Crimea involves national sovereignty and territorial integrity. So, when the principle of national self-determination and territorial integrity conflict, does the referendum comply with international law and be recognized? Crimea and public investment in Russia are the case of "foreign self-determination". This paper analyzes the applicable conditions of "foreign self-determination" and the situation of the Crimean people's exercise of the right of national self-determination, and makes specific judgments on the legitimacy of Crimea and public investment in Russia.

On the International Law Issues of Crimean Public Investment in Russia

On March 16, 2014, Crimea held a referendum to leave Ukraine as part of the Russian Federation. The referendum is a legal procedure used by the people of a region when applying the principle of national self-determination, while the public investment in Crimea involves national sovereignty and territorial integrity. So, when the principle of national self-determination and territorial integrity conflict, does the referendum comply with international law and be recognized? Crimea and public investment in Russia are the case of "foreign self-determination". This paper analyzes the applicable conditions of "foreign self-determination" and the situation of the Crimean people's exercise of the right of national self-determination, and makes specific judgments on the legitimacy of Crimea and public investment in Russia.

Consensual end-of-life for depressed patients: a right or a danger?

Recent events have brought the debate on end-of-life issues to the forefront, particularly regarding the principle of self-determination for depressed patients. Belgian legislation, in fact, allows for requesting euthanasia when patients, capable of expressing their own will consciously, suffer in an unbearable manner and find no meaning in continuing their existence, even in the absence of incurable and/or severely debilitating conditions. The state of the art is an increasing number of people who die from euthanasia. An open question is when a situation can be defined as unbearable. Moreover, does such an assessment necessarily lead to death, or are there other solutions? In our opinion, such a practice should be limited to prevent inappropriate applications that could lead to infringing depressed patients' rights.

Obstetric Violence in Italy: From Theoretical Premises to Court Judgments.

Historical mistreatment and violence directed toward women's bodies extend to the field of medicine, and obstetric and gynecological practices are not immune to such misconduct. Obstetric violence (OV) refers to actions involving disrespectful, abusive, or coercive treatment directed at pregnant and birthing women. This includes institutional and personal attitudes that lead to the violation of women's autonomy, human rights, and sexual and reproductive health. Despite various international legislative initiatives and recommendations from the World Health Organization (WHO) addressing disrespectful and abusive treatment, OV is still poorly known to Italian public opinion. This study aims to investigate whether the concept of OV has been conversely assimilated in judicial decisions. A retrospective analysis was conducted to scrutinize judgments in Italy until June 2023 related to OV. The Italian legal database 'De Jure Giuffrè', which collects sentences by various Courts, and the terms 'obstetric' and 'violence' as keywords were used for the research. The full-text revision of the results (n. 41 sentences) al-lowed the selection of 5 eligible contributions covering the following issues: Informed Consent, Kristeller maneuver, Vaginal Birth After Cesarean (VBAC), Acceleration of childbirth without indication, and Episiotomy. The analysis of individual judgments was complemented by an examination of the key issues involved. The reviewed judgments frequently seemed to be grounded in technical aspects and inclined towards a predominant evaluation of childbirth outcomes. However, some encouraging aspects emerged, particularly in terms of attention to the female body, acknowledgment of consequences within the intimate-relational dimension, and a commitment to the principle of self-determination through the provision of free and informed consent. Ensuring the psychophysical well-being of women and unborn children, fostering positive interactions between pregnant women and medical staff, and actively working to reduce the grounds for litigation are among actual emerging priorities in healthcare. In this sense, fundamental elements include the implementation of continuous staff training and education as well as a focus on promoting the self-determination of women, leveraging new technologies for this purpose, and ensuring legal protection of their rights.

Patient's last wish: organ donation after euthanasia. What conditions should be met to fulfill it?

Organ donation after euthanasia (ODE) is a complex procedure involving the patient, the family, and the medical staff. Most organ donations occur from patients declared brain dead, and healthcare professionals rely on surrogate decisions, or the possible expression of ante-mortem will. Organ donation from deceased individuals is thus feasible under rigorous conditions, while direct donation after euthana-sia is not possible. The scientific community has not reached a shared conclusion. It is also difficult to quantify the number of patients who would be medically eligible to donate organs after euthanasia. In keep-ing with the core the principle of self-determination, any decision to undergo euthanasia (with or without organ donation) must be voluntary and not influenced by external pressures. For this reason, the physician should avoid informing the patient about the possibility of donating their organs before their request for euthanasia is evaluated. Just as noteworthy is the issue of healthcare providers' conscientious objec-tion and the receiving patient's right to know whether the transplanted organs come from a subject who underwent euthanasia. Finally, the patient who requests to end their life does so primarily because they are tormented by unbearable suffering and often expresses, as a last wish, the desire to exercise their free will regarding their own body. Organ donation after euthanasia would therefore seem to reinforce patient autonomy and self-esteem, thus giving a different meaning to their inevitable death, which is useful in saving the lives of others.

Implementing a Senior Community Care Model: An Italian Top‐Down Cohousing Project and Nursing Home

Not ageing in place is an increasing reality for many older Europeans. For several decades societies have applied different care models in developing initiatives to provide safe and age-friendly spaces. This article presents the community care model implemented by the Italian service provider ISRAA in Treviso (Italy) in one of its nursing homes and senior cohousing projects. The aim of our study was to analyse this senior community care model and find out how residents have responded to it. Participants were both the older adult residents in the two ISRAA facilities and professionals responsible for their social attention. A qualitative methodology was used: questionnaire, interviews, and focus groups with professionals and care facility residents. Results reveal the care philosophy implemented, residents’ experiences, the main barriers to creating a community, and how this model could be improved by following community development principles, with the older people’s help, participation, and engagement. The conclusions highlight the importance of applying principles of self-determination and social inclusion in a preventive care model for the senior community. In addition, a key factor in promoting community development is for professionals to act as community development practitioners and to allow older adults to be part of the change.

The Ambiguity and Complexity of the Right to SelfDetermination: A Legal and Political Perspective

This article critically explores the ambiguity and complexity inherent in the right to self-determination from both legal and political perspectives. It discusses the concept's imprecise nature, especially in terms of its application beyond the colonial context. Adopting the doctrinal approach, this paper scrutinizes various international legal instruments, such as the United Nations Charter and Human Rights Covenants, and their interpretations that have contributed to the ongoing debates surrounding self-determination. It highlights the intersection of law and politics, exemplified in instances of secession, increased autonomy, and democratic participation. Additionally, the article addresses the controversial aspect of collective versus individual rights in the context of self-determination. Through an examination of influential cases and political events, such as the Western Sahara Case and Kosovo's declaration of independence, the article illustrates the practical challenges and consequences of applying the self-determination principle. Conclusively, the paper argues for a clearer and more precise understanding of self-determination to facilitate its effective implementation in international relations

Quo Vadis the Status of Transgender People in Slovakia?

On 29th September 2023, the Comenius University Bratislava hosted a scientific conference entitled "Quo Vadis the Status of Transgender People in Slovakia?" It was organized by the research team of the project VEGA 1/0350/21, which focuses on the ethical and legal aspects related to the informed consent of transgender minors. The project team is based at the Faculty of Law of Comenius University in Bratislava. The primary aim of the conference was to start a substantial discussion about the ethical, medical, and legal principles for care for transgender and non-binary adolescents in the Slovak Republic. For this purpose, experts from the fields of psychiatry, psychology, endocrinology, law, philosophy, and ethics were invited. An integral part of the conference was the lecture and attendance of transgender people and non-binary people in a discussion panel. The principle of self-determination was confirmed to be fundamental for the further development of legal framework and medical services in Slovakia.

<i>Sallekhana </i>and the End-of-Life Option of Voluntary Stopping of Eating and Drinking

This article brings sallekhana, the Jain practice of fasting to death, into conversation with the practice of ‘voluntary stopping of eating and drinking’ (VSED), an end-of-life option, available in various countries for competent adults, to hasten the end of life by consciously choosing to not eat and drink. From a medical and legal point of view sallekhana can be considered a form of VSED. Although differing in terms of intent and historical context, the two practices are similar insofar that they relate to capable and sound individuals who voluntarily forego food and water until death. Showing the critical similarity between VSED and sallekhana, I argue that the grounds put forward by major medical associations and legal societies to differentiate VSED from suicide are equally applicable to the case of sallekhana. I contend that the Jain fast needs to be disentangled from the concept of suicide based on the quality of intent, but also because the process is, in theory and for some time at least, reversible, supported by loved ones and members of the larger Jain community, and dependent on the individual’s continuous and prolonged will of renouncing food and water. I also show how medical and legal authorities defend an individual’s right to VSED based on the principles of self-determination, bodily integrity, self-ownership, and respect for persons. I put forward the view to take these ethical principles into account to legally protect a Jain’s right to take the vow of sallekhana.

Interventions Aimed at Alleviating Loneliness and Social Isolation among the Older Population: Perspectives of Service Providers

Background. Older people are one of the groups particularly vulnerable to loneliness due to factors such as deteriorating health, widowhood and death of friends/family, fewer confiding relationships, and being more likely to live alone. In the United Kingdom, services to alleviate and/or prevent loneliness can be classified as foundation services, direct interventions, gateway services, and structural enablers. Service managers and personnel involved in the delivery of interventions for older people are well-positioned to report on the mechanisms that contribute to the effectiveness of interventions. This study aimed to elicit from the perspective of a range of service providers, the barriers and facilitators of successful service provision, and the reduction of loneliness among older people. Methods. Semistructured interviews were conducted with 23 service managers of services providing an intervention to older people in Northern Ireland. Services were eligible for inclusion if they reported a goal of preventing or reducing loneliness and/or social isolation among older people. Transcripts were analysed using thematic analysis. Results. Eight themes were produced representing barriers or facilitators of successful service delivery, including characteristics of the service (person-centred approach, empowerment of service users and staff/volunteers, personal qualities of staff and volunteers, and funding for service provision) and characteristics of the wider community were services were located (hard to identify and/or reach lonely people; education and awareness of services; family and community structures; and accessible, affordable, and safe public transport). Conclusion. Developments in this area should prioritise integrated, systemic solutions that harness capacity and partnership working within communities, grounded in the principles of empowerment, inclusion, self-determination, and collective action.

Muslims’ Motivation To Patronize Wasiyyah (Islamic Will) Services: Does religiosity Acts As a Moderator In The Relationships?

Frozen assets in the country may be alleviated via wasiyyah services, which has long been considered a possible solution in Malaysia. However, despite the relevance of wasiyyah services in Malaysia, the penetration rate remains low. Self-determination and satisfaction in patronizing wasiyyah services are the focus of this research. There was also an investigation into how religiosity moderates the relationship between self-determination and satisfaction. The research framework consists of 8 hypotheses that predict four direct relationships and four moderation effects. The model used the principle of self-determination to explain the relationships. This research focuses on Muslim consumers in Malaysia who have already patronized wasiyyahservices. The data was gathered using an online survey, and 180 valid data were used to validate the study model. Data analysis was conducted using SPSS v27 and SmartPLS 4.0. The results stated that SDT constructs which are autonomy and relatedness have significant and positive and influence over satisfaction in patronizing wasiyyah services. However, competence did not have positive and significant influence over satisfaction. Furthermore, no moderation effect of religiosity could be found in this study. Findings suggest that religiosity has not moderated the relationship between SDT constructs and satisfaction. It is intended that this research can provide insights for industry players to enhance and develop sustainable marketing strategies to entice more Muslims to utilize the wasiyyah services, which might ultimately help in resolving the frozen asset problems.

Social Transformation of International Human Rights Law Through Indonesian Constitutional Court

The importance of human rights in international law cannot be overstated. International Law plays a fundamental role in safeguarding and promoting human rights, which are safeguarded through a variety of legal instruments, including international conventions and international declarations, both of which are recognized as instruments of international law. The fundamental principles of Human Rights are recognized in the legal system of Indonesia. These fundamental principles are expressed in the Constitution and its related legal documents through the provisions and values that govern human rights. Thus, the preamble of the Constitution of the Republic of Indonesia includes the fundamental principles of Self-determination, Independence, Security, Social Welfare, and Education. This research will look at how the Indonesian Constitution regulates and guarantees the implementation of international human rights law through the Indonesian Constitutional Court, as well as how these rights are integrated into society from both the government's and society's perspective. This research is done through interdisciplinary approach, combining legal, social, and comparative studies. Ultimately, it's about how Indonesia's Consitutional Court can help make human rights practices better and more effective. As the highest judicial organ of a state, it is essential for the Constitutional Court to effectively and effectively implement the international human rights system as we know it in order to safeguard the interests of all stakeholders, especially in Indonesia. Keywords: human right ; constitution; International law;

Relevance of the Doctrines of Natural Law, Human Rights and International Law to the Principle of Self-Determination

This century has heralded technological advancement in human history, particularly in Africa. The influx of technological advancement currently in play all over the world and the economic benefits that come with such advancement has necessitated the need for some regulations. Hence, stakeholders particularly, governments all over the world have made efforts to regulate and support investments in technology. These supports include laws, policies and other incentives that promote technology. Recently, the Nigerian National Assembly passed the Nigeria Start-up Act (NSA), 2022 to provide a regulatory framework for the development of start-ups as well as to provide an enabling environment for the establishment, development, growth and operation of start-ups and technology-related talents in Nigeria. The Act also seeks to position Nigeria’s start-ups ecosystem as a leading digital technology centre in Africa in terms of excellent innovators with exportable skills and capacity. It is projected that the NSA will immensely contribute to technological development for Nigerian start-up companies to compete with their counterparts at the regional and international scene. This article examines the nature of start-ups and the Nigeria Start-up Act, 2022. It further analyses the pre-enactment of the Start-up Act era in Nigeria, the emergence of the Start-up Act, the impacts the Start-up Act might have on technological development, the challenges of the Act as well as the general challenges faced by start-ups in Nigeria. The article argues that the NSA is a welcome and commendable effort for technological development and economic growth in Nigeria.

The Suspension Problem for Epistemic Democracy

AbstractRecently, many normative theories of democracy have taken an epistemic turn. Rather than focus on democracy's morally desirable features, they argue that democracy is valuable (at least in part) because it tends to produce correct political decisions. I argue that these theories place epistemic demands on citizens that conflict with core democratic commitments. First, I discuss a well-known challenge to epistemic arguments for democracy that I call the ‘deference problem’. I then argue that framing debates about this deference problem in terms of work on epistemic defeat reveals a structurally similar but more serious challenge for epistemic arguments for democracy. Succinctly put, the problem is that if democracy tends to produce correct political decisions, then those in the minority might be required to suspend beliefs about political matters; however, this requirement conflicts with the pivotal democratic principle of self-government. Call this the ‘suspension problem’.

Environmental Autonomy

Abstract This article aims to get a new brand start to the autonomy debate by examining environmental autonomy (ea) as a new concept under international law (il). In this respect, firstly, it focuses on establishing why such a notion is needed, where the idea comes from, so, on which basis the article’s analysis has been built. Secondly, to conceptualise ea in legal terms, it makes research on two sub-debates involving the principle of self-determination and nonhuman rights approach. Finally, it concludes that although there is no tangible certain legal basis to apply such a concept under current il other than the terms of indigenous rights; developments in recent decades show that, ea debate, testing the boundaries of law, might truly have the potential to the development of literature beyond the anthropocentric paradigms; but also underlines the need for further work on its potential legal framework under il.