Respect For Individual Rights Research Articles

Gender Injustice and the Pandemic

In this twenty first century, women continue to be reckoned as the most oppressed class; and at times are even denied the basic human rights. When women have fewer resources, less power and less influence compared to the male counterparts, they are made to experience inequality and there is discrimination based on class, ethnicity, age, as well as religious and other fundamentalism. Gender inequality, also happens to be the key driver of poverty and a fundamental denial of women’s right. Even in this 21st century, it goes without saying that, a near universal phenomenon is gender-based violence, which threatens the well-being, rights and dignity of women. An instance of such gender based violence is Domestic Violence- which forms the subject matter of this paper. Viewed from the perspective of human rights violation, with the application of human rights law, the State’s obligation to respect individual rights of each and every person gets reinforced, so much so that, the wrong doer can be held accountable for abuse of those rights of private individuals. Therefore, even if the State does not actually commit the abuse, it has the obligation to guarantee legal protection to the women victims. In attempting to discuss about one form of household abuse, which is seen to be aggravating more during this COVID-19 Pandemic, and the Lockdown that is operating in India, since March 24th, 2020, in this paper, discussion will centre round the principle of Equality which the framers of the Indian Constitution has also recognized as a Fundamental Right as well as a Directive Principle of State Policy, and which right has been secured to all citizens by the Preamble to the Indian Constitution. Despite every safeguard being provided by law, the Indian woman has been made to swim through troubled waters, which in itself is a matter of grave concern.

Власність і держава в контексті філософсько-правового осмислення

Purpose. The author seeks to investigate what kinds of property are acquired in the modern state. Modern society is difficult formation. Its development depends on the development of many components. The development of modern society is the result of development of political, legal, economic subsystems of society in the general understanding. A considerable role in this development is played by property. The article is devoted to the problem of the property and state. The phenomenon of the property presentation philosophical category of property. The property is important factor of development society and freedom of human. The main task is researching of property, approaching to essence of this phenomenon. Methodology. Research methods are predefined by his character. Dialectical and system-structural methods, methods of logic, are used in the article foremost. Scientific novelty. Analyzing the property and state on the way of its genesis, development and becoming in the theoretical inheritance of philosophy, gives the analysis of multilevel of private property, as a philosophical category’s. Expedient will be marked that all patterns of ownership are analyzed in general through the prism of the private property. The basis of individual rights lies in the property. The property is not merely material acquisition – it is central to an individual’s assertion of identity and personality. The system of the private property establishes individuality and personality through contract and exchange. Contract establishes ownership through institutionalized norms of mutual respect of individual rights and obligations. Conclusions. The article analyzes the main conceptual approaches to understanding the nature of the property as a philosophical category. The author examines the most popular philosophical concept on property issues and their impact on the formation of public relations in the economic, social, legal, political and state of since. Keywords: state; private property; philosophical category of property; property; ownership; human freedom; evolution.

Ethical Implications of Mental Health Stigma: Primary Health Care Providers’ Perspectives

Stigma towards mental illness is a widespread phenomenon not just in the developing world, but also in developed countries. Unfortunately, this stigma is not only restricted to the general population, but is also prevalent among professional health care providers. Research from developing countries is scarce. Thus, the aim of this paper was to explore health care providers’ attitudes toward mental illness stigma in the primary health care settings. The review sheds light on the ethical implications of mental health stigma as perceived by primary health care providers, and the proposed recommendations for responsible conduct of research and policy initiative in the context of mental health research. Utilizing CINAHL, Medline and Scopus electronic data bases, results are reported for the 41 studies that are grouped according to being from USA, Europe, Australia, Africa, and Asia and Arab World. The results from this review confirmed that stigma associated with mental illness have many ethical implications in the context of research including use of consent form, fair treatment, and good respect for individual rights concerning treatment choices. To counter stigma and prevent the ethical implications of such stigma, interventions in the form of awareness and training programs would be the best way to minimize and stop it. Further, govermnetal and political are needed to initiate a national code of ethics for mental health research in their respective coutries.

THE IDEA OF LAW AS AN UNKNOWN PHENOMENON OF LAW ENFORCEMENT

The article is devoted to the concepts of the idea of law and law enforcement. The author justifies the idea that the application of law should be based on the idea of law. Modern trends in law enforcement convince that since the post-war period, law enforcement agencies (and, above all, the courts) increasingly make decisions and sentences not only on the basis of the norms of positive law, but also guided by the norms of morality, ethics, principles of respect for individual rights and freedoms. The idea of law is a concept in which the imperative is expressed in a concentrated form, implying the observance of personal rights and freedoms, morals and ethics, etc., by state bodies. The influence of the idea of law on law enforcement can give the latter properties that correspond to the modern ideas of justice and morality of law. On the basis of the analysis of acts of constitutional justice and judicial precedents, the author proves that judicial decisions and other law-enforcement acts, adopted under the influence of the idea of law, acquire new qualities that allow them to dynamically exert a positive legal impact. As a result, the acts of law enforcement can be considered as a law per se.

Evolución del juzgamiento de la tortura en casos de terrorismo por el Tribunal Europeo de Derechos Humanos

A partir de los ataques ocurridos en Estados Unidos el 11 de septiembre de 2001, el terrorismo extendió su accionar a Europa, esto motivó la reacción de los gobiernos por fortalecer sus políticas de seguridad y adoptar diversas estrategias orientadas a prevenir atentados, y castigar con severidad a los responsables, dando lugar a una situación de fragilidad en el respeto de los derechos individuales de las personas. En este artículo examinaremos los criterios usados por elTribunal Europeo de Derechos Humanos en el juzgamiento del delito de tortura a partir del análisis comparativo de fallos dictados antes y después de los ataques, método que nos permitirá sustentar que elTribunal ha mantenido la prohibición absoluta de la tortura.

Human rights, personhood, dignity, and African communalism

I articulate and defend a plausible conception of substantive human rights that is grounded in an African communal conception of dignity and personhood that emphasizes individual responsibilities. I contrast this conception with the dominant Western liberal view of moral dignity as a basis for human rights, which involves an individualistic self-regarding entitlement that inheres in human nature. The Western overemphasis on rights as entitlements, without a corresponding emphasis on duty, is not an adequate way of maintaining rights, well-being, and dignity for all, especially the vulnerable. A plausible African view that emphasizes the responsibilities to nurture innate capacities, and respect and protect individual rights and dignity, provides a better approach. I suggest that a Universal Declaration of Responsibility should occur concurrently with the Universal Declaration of Human Rights.

The impact of license plate recognition technology (LPR) on trust in law enforcement: a survey-experiment

We examine the extent to which individuals' knowledge of an advanced police technology (license plate recognition or "LPR") may impact perceptions of police. Technologies with the capacity to track individuals' movements are becoming increasingly common in police practice. Although these technologies may yield positive benefits, their use may also heighten community concerns about increased surveillance, data storage, and data security, thereby potentially negatively impacting community-police relationships. We utilize a survey-based experiment with randomized assignment of participants (n=405) to investigate the impact of individuals' knowledge of LPR use on a variety of police perceptions, including trust in police, community approval, respect for citizens, and respect for individual rights. Most respondents were unaware of LPR use prior to the survey. When compared with a control group, respondents who encountered brief mentions of LPR functions on the survey expressed significantly lower levels of trust in police. Additionally, "strong agreement" with other positive statements about police also appears to have declined in this sample in response to LPR information. Notably, the sample contained high pre-existing levels of trust and support for police, factors which may have moderated the impacts of LPR information. These results support the hypothesis that awareness of LPR use may negatively impact perceptions of police, including trust in police. More generally, although technologies like LPR represent technological innovations, they may also yield unintended consequences, including the potential to undermine police-community relations if adoption decisions are not accompanied by sufficient transparency or community support.

Quality of care for labor and childbirth in a public hospital network in a Brazilian state capital: patient satisfaction

The study assessed the quality of care for labor and childbirth in the public hospital system in the city of Recife, Pernambuco State, Brazil, according to the mothers' satisfaction, using a cross-sectional exploratory study in all the public hospitals in the network, grouped according to type of hospital management and interviews with 1,000 mothers. Quality of care was measured according to management strata and the following dimensions of quality: reception; respect for individual rights; prenatal and childbirth care; and ambience. The results' significance was analyzed with the Pearson and Friedman chi-square test. There was high prenatal coverage, not linked to childbirth care, and intense migration of deliveries. Waiting time for care by the healthcare team was long, the proportion of vaginal deliveries in the municipal maternity services was 80%, and only 16% of the deliveries included skin-to-skin contact with the newborn; breastfeeding occurred in the birthing room in 11% of the deliveries. Among the various management modalities, the charitable hospital rated highest. The target dimension showed significant differences, with higher satisfaction rates for the following: respect (88.2%), kindness (86.7%), physicians' work (85.2%), and trust in the healthcare staff (84.3%). The highest rates of dissatisfaction were for: temperature on the ward (62.2%), possibility of lodging complaints (48.1%), quantity and quality of hospital clothing and bedding (49.2%), and privacy (43%). Despite positive strides, the findings show the need for reorganization of obstetric care policy, with regionalization, regulation, consolidation of networks of care, and interventions in the healthcare setting, aimed at consolidating the humanization of care.

Derechos individuales frente a salud pública en la protección ante enfermedades contagiosas: propuestas de mejora del marco regulatorio vigente

The public health protection constitutional mandate requires public powers to protect the population from contagious diseases. This requires a legal framework that both protects public health effectively and respects individual rights and freedoms that could be undermined by the public administrations. This article analyses, from a legal perspective, the current legal framework regulating the adoption of health measures to protect public health against contagious diseases. It argues that current regulations generate legal uncertainty on the basis of the wide range of discretionary powers they give to the public administration and the lack of provisions for limiting these powers. As a result, the guarantee mechanisms (primarily judicial consent) only weakly protect the rights and freedoms of the citizens affected by health measures. To conclude, the article proposes several amendments to improve public health regulations related to contagious diseases. The purpose is to render a legal framework that offers more legal certainty, in which it is possible to protect individual rights and freedoms when measures are adopted, without sacrificing the effective protection of public health.

(Public) Health and Human Rights in Practice

Public health's reliance on law to define and carry out public activities makes it impossible to define a set of ethical principles unique to public health. Public health ethics must be encompassed within--and consistent with--a broader set of principles that define the power and limits of governmental institutions. These include human rights, health law, and even medical ethics. The human right to health requires governments not only to respect individual human rights and personal freedoms, but also, importantly, to protect people from harm from external sources and third parties, and to fulfill the health needs of the population. Even if human rights are the natural language for public health, not all public health professionals are comfortable with the language of human rights. Some argue that individual human rights--such as autonomy and privacy--unfairly limit the permissible means to achieve the goal of health protection. We argue that public health should welcome and promote the human rights framework. In almost every instance, this will make public health more effective in the long run, because the goals of public health and human rights are the same: to promote human flourishing.

Public Administration, Market Values, & the Public Interest: A Kohlbergian Perspective

This article argues that, from the perspective of Lawrence Kohlberg's theory of moral development, the imposition of market values onto public organizations creates situational factors in which it becomes difficult for public administrators to discern and advance the public interest. This is particularly true in those instances where administrators must subordinate their personal and organizational interests to the public interest, as the American Society for Public Administration's Code of Ethics calls for them to do. From a Kohlbergian perspective, the ability to reflect on the public interest – and especially to subordinate personal and organizational interests to the public interest – requires ‘Post-conventional moral reasoning,’ i.e., consideration of the conditions that make for a good society, respect for individual rights, and concern for universal principles of justice. However, the imposition of market values onto a public organization creates situational factors in which the administrator is likely to focus on the accumulation of rewards and the avoidance of sanctions; hallmarks of what Kohlberg terms ‘Pre-conventional’ moral reasoning. Therefore, this article concludes that if we expect public administrators to consistently pursue the public interest, we should not create situational factors that will compromise their ability to do so by imposing the values of the market onto our public organizations.

Legal Regulation of the Decision-Making Process within Global Governance Bodies

The aim of this Chapter is to outline the legal constraints on the decision-making process of global governance bodies. The underlying assumption is that the decision was issued by a body that has competence to issue such decisions, so possible ultra vires concerns have been ruled out. Tracking the decision-making process sequentially, the chapter first discusses the norms regulating the identity of the decision-maker, where they exist, and the general demands of independence and impartiality. The second part focuses on the decision-making process itself, examining in particular the requirement of a structured fact-finding and decision process, as well as the obligation to hear affected parties, to ensure their participation or representation, and in general to provide a transparent process. The third part covers the regulation of the decision, which includes the obligation to pursue legitimate goals (and only those goals) and the need to respect and protect individual rights, balance conflicting interests and seek proportionality.

La participación ciudadana en México

The author considers that there are four basic conditions for citizen participation in a democracy, namely: respect for individual rights; institutional channels and legal frameworks; information and confidence on part of citizens towards democratic institutions. Based on these four conditions explains the interference of citizens in public affairs in Mexico during the twentieth century, and conclude by mentioning the current state of citizen participation and presenting a proposal to increase the margin of the same in the Mexican state.

Pre-registration nursing students' perceptions and experiences of violence in a nursing education institution in South Africa

Violence is a growing problem worldwide in the field of health care and within the nursing profession. A study comprising a survey and focus groups with nursing students, and interviews with nurse educators was conducted to examine nursing students' perceptions and experiences of violence at a nursing education institution in the Western Cape, South Africa. A self-administered questionnaire was distributed to all nursing students. Two hundred and twenty three (n = 223) respondents completed the questionnaire. Focus groups were conducted with purposively sampled student participants and semi-structured interviews with nurse educators. The findings indicated that the nature of the violent incidents experienced by students on campus, especially in the residences, ranged from verbal abuse to violation of students' property and personal space, and could be attributed primarily to substance abuse. Violence among student nurses could negatively affect learning. In a profession in which nurses are exposed to violence in the workplace, it is important that violence in the learning environment is actively prevented and respect of individual rights, tolerance and co-operation are promoted.

Commentary: Collaboration in dual degree programs contributes something new to both fields

Dual degree programs in public health and law have blossomed in the United States and beyond. They are traditionally promoted on the premise that public health efforts often require legal authority to legitimize and implement their goals and objectives, and that participation of lawyers safeguards respect for individual rights, privacy, and autonomy against governmental intrusion in furtherance of public health objectives. Thus, lawyers who understand public health are far more valuable in promoting population health than traditional constitutional and administrative law practitioners without such understanding. On the public health side, epidemiologists and other practitioners trained in the law ensure that reliable data inform public policy. In the classroom, we have found that dual degree students enrich the educational experience in both fields, broadening understanding and creating conversations that transcend law or public health alone.

Japan's Judicial System Reform and the 'Rule of Law': Ten Years Later

This essay contrasts the respect for “thick” rule of law displayed in the 2001 Judicial System Reform Council (JSRC) Report with the attack on thick rule of law embodied in revisions to Japan’s Constitution proposed by Japan’s dominant political party (the Liberal Democratic Party or “LDP”). When the JSRC considered its reform agenda, it did so with the knowledge that Japan’s democratic Constitution, which emphasizes respect for individual rights, had provided a stable foundation for law and politics for more than five decades. The JSRC proposals tend to strengthen the protection of individual rights and exercise of popular sovereignty that lie at the core of this Constitution.Some LDP proposals for constitutional revision would have the opposite effect, restricting individual rights and transferring greater authority to government officials. (The most recent comprehensive LDP program for such revisions are included in “Draft Reform if the Constitution” (kenpo kaisei soan) published in March 2012.) The LDP proposals suggest that the understanding and belief in rule of law held by the drafters of its “Draft Reform” is dramatically different from that possessed by JSRC members and by advocates for a thick rule of law around the world.

Canadian national surveys on pandemic influenza preparations: pre-pandemic and peri-pandemic findings

BackgroundPrior to the 2009 H1N1 Influenza pandemic, public health authorities in Canada and elsewhere prepared for the future outbreak, partly guided by an ethical framework developed within the Canadian Program of Research on Ethics in a Pandemic (CanPREP). We developed a telephone-based survey based on that framework, which was delivered across Canada in late 2008. In June, 2009, the WHO declared pandemic Phase 6 status and from the subsequent October (2009) until May 2010, the CanPREP team fielded a second (revised) survey, collecting another 1,000 opinions from Canadians during a period of pre-pandemic anticipation and peri-pandemic experience.MethodsSurveys were administered by telephone with random sampling achieved via random digit dialing. Eligible participants were adults, 18 years or older, with per province stratification approximating provincial percentages of national population. Descriptive results were tabulated and logistic regression analyses used to assess whether demographic factors were significantly associated with outcomes, and to identify divergences (between the pre-pandemic and intra-pandemic surveys).ResultsN = 1,029 interviews were completed from 1,986 households, yielding a gross response rate of 52% (AAPOR Standard Definition 3). Over 90% of subjects indicated the most important goal of pandemic influenza preparations was saving lives, with 41% indicating that saving lives solely in Canada was the highest priority and 50% indicating saving lives globally was the highest priority. About 90% of respondents supported the obligation of health care workers to report to work and face influenza pandemic risks excepting those with serious health conditions which that increased risks. Strong majorities favoured stocking adequate protective antiviral dosages for all Canadians (92%) and, if effective, influenza vaccinations (95%). Over 70% agreed Canada should provide international assistance to poorer countries for pandemic preparation, even if resources for Canadians were reduced.ConclusionsResults suggest Canadians trust public health officials to make difficult decisions, providing emphasis is maintained on reciprocity and respect for individual rights. Canadians also support international obligations to help poorer countries and associated efforts to save lives outside the country, even if intra-national efforts are reduced.

A rights approach to supporting the sexual fetish of a man with learning disability: method, process and applied learning

Accessible summary Some men with learning disabilities have a sexual fetish which may present a support challenge for staff or carers. Sexual fetish in people with learning disabilities is often ignored, seen as pathological or associated with risk. It is possible to support sexual fetish in person‐centred ways which respect individual rights and informed choice. SummaryThis paper reports on a psycho‐educational intervention associated with the sexual fetish of a man with mild learning disability and autism which centred on his use of nappies and baby paraphernalia. It outlines the nature and expression of his sexual fetish and the risks perceived to be associated with it and describes the approach developed to support him, including the aims which underpinned the work and the methods and processes employed. It was found that a person‐centred psycho‐educational approach from a rights based perspective achieved important changes in his life and self‐esteem and helped challenge assumptions about his sexual risk. The paper also reflects on the organisational location of this work and identifies the applied learning for supporting the sexual fetish of people with learning disabilities, of value for informing sex education and sexuality support for people with learning disabilities more widely.

European regions and the territorial integrity of european states: Galicia-Spain-Europe as a model of cohesion and integration

The EU is a union of democratic States and, therefore, it respects individual and collective rights. It is a unique organization because it exquisitely respects the rights of minorities and because it does not aspire to unify neither homogenize the different cultures which coexist in Europe. Fortunately, we, Europeans have learnt this hard and bitter lesson from our history. The times of invasions and wars of religion are already over; therefore, the perfect vaccine against our old mistakes is the respect for the diversity inside Europe.

The Fight Against Terrorism – Some Observations and Questions

This article deals with the eternal challenge for a democratic society to find the right balance between security and liberty, and the specific challenge which this means for the legal profession, in the light of recent measures taken to combat terrorism. The author criticises the one-sided focus on public security in the public debate and calls not only for a stronger respect for individual rights but also for a better analysis and combat of the roots of terrorism.