Search results for " Right"

Constitutional developments in Latin American abortion law.

2016

Abstract For most of the 20th Century, restrictive abortion laws were in place in continental Latin America. In recent years, reforms have caused a liberalizing shift, supported by constitutional decisions of the countries’ high courts. The present article offers an overview of the turn toward more liberal rules and the resolution of abortion disputes by reference to national constitutions. For such purpose, the main legal changes of abortion laws in the last decade are first surveyed. Landmark decisions of the high courts of Argentina, Bolivia, Colombia, and Mexico are then analyzed. It is shown that courts have accepted the need to balance interests and competing rights to ground less res…

Sviluppo partecipante e sistemi tradizionali: Il caso dei Borana dell'Etiopia

1992

In the development programs concerning the Ethiopian Borana local groups are assigned the role of principal group for development initiatives. As such, the project seems to meet the principle of participatory development. However, among the Borana, local communities have very little organizational significance and no say at all on matters regarding rights of property. Such authority is instead attributed to descent groups, which are not localized. In particular, clans have both the organizational capacity to coordinate collective investments on natural resources and the authority to guarantee personal and collective property rights. It is therefore suggested that a direct link with clans an…

The conservation of the environment in Ecuador's constitution

2017

The 2008 Ecuadorian Constitution is often presented as building on the local traditions of indigenous peoples in order to propose a non-anthropocentric approach to the conservation of the environment, based on the concept of buen vivir. After providing a short introduction on anthropocentric and non-anthropo-centric approaches to the environment, with attention to indigenous worldviews, this article attempts to: analyse the concept of buen vivir, appearing to have unclear boundaries; understand whether or not it is a concept derived from indigenous worldviews; and explore the innovative non-anthropocentric feature of the recognition of rights to the environment. Finally, the article uses th…

Ha ancora una rilevanza la Convenzione sull’eliminazione di ogni forma di discriminazione nei confronti delle donne? Per una sua (ri)considerazione n…

2011

The Right to Health and Resource Allocation. Who Gets What and Why in the COVID-19 Pandemic

2022

The COVID-19 outbreak has led to a worldwide, substantial increase in the demand for pharmaceuticals, hospital beds, ventilators, and medical supplies. When needs suddenly exceed demand worldwide, resources may quickly become scarce with potential demand, so that strict rationing is the only viable response. Against this backdrop, this chapter scrutinizes the rationales for the prioritization of scarce resources. It questions the essential role and reaches the market concerning resources essential to delivering health care, especially in severe shortages, such as during a global pandemic.

Biopiracy and the right to self-determination of indigenous peoples.

2018

Abstract Background: Since over thirty years, I work on the unclear legal situation of in which indigenous peoples find themselves today in the beginning mainly in the USA and later also in Canada, Australia and New Zealand. The status of indigenous people and native nations is characterized as a mixture of national and international law. Hypothesis/Purpose: To clarify the status of indigenous people it is necessary to analyze and interpret carefully hundreds of old treaties, international declarations and covenants, national statutes and jurisprudence, especially the old leading decisions of the US-Supreme Court. Such an analysis and interpretation should prove that indigenous people have …

Legitymacja czynna domu zakonnego Ojców Augustianów w Krakowie w postępowaniu regulacyjnym

2021

Składając wniosek, a następnie pozew w trybie przepisów art. 61 ust. 1 i art. 64 ust. 2 ustawy o stosunku państwa do Kościoła katolickiego w Rzeczypospolitej Polskiej kościelna osoba prawna musi wykazać swoją legitymację czynną do złożenia wniosku (pozwu), jego popierania oraz nabycia prawa własności. Musi zatem wykazać, że jest tą kościelną osobą prawną, która została pozbawiona własności nieruchomości wskutek jej upaństwowienia (tożsamość podmiotów), lub że jest następcą prawnym tej osoby. Wystąpienie z roszczeniem o przywrócenie własności nieruchomości upaństwowionej nie jest uzależnione od tego, czy nieruchomość ta uprzednio stanowiła własność tej osoby prawnej. Może bowiem zachodzić za…

Lo sviluppo resiliente. Diritti umani, inclusione ed esclusione differenziale nelle politiche di capacity development

2019

The relationship between concepts such as resilience, capacity development, empowerment and poverty reduction, and their corresponding practices, works as a matrix of neoliberal subjectivation processes involving both men and women on a global level. In the framework of the human resilience paradigm, the concepts and political practices of development have taken on a particularly strategic value and conceptual meaning, and are producing unexpected effects in term of inclusion, exclusion, abandonment, and exploitation. Analysing capacity development policies as relates to resilience allows us to observe how Governmentality regulates the life and death of people on the global scene of the lat…

Morpho-volumetric assessment of the right ventricle: a comparison between three-dimensional echocardiography and cardiac magnetic resonance

2013

The morpho-volumetric assessment of the right ventricle (RV) is useful in the diagnosis and prognosis of many congenital and acquired cardiovascular diseases. The complexity of the right ventricular shape does not allow an adequate and satisfactory evaluation of the RV. Two-dimensional (2D) echocardiography is the most used tool for the assessment of RV function, as it is a noninvasive, reproducible and widespread technique, but the geometric assumptions required for measurement of RV volumes reduce its accuracy. At present, cardiac magnetic resonance is the gold standard for the evaluation of RV volumes because it does not need any assumption and is reproducible, though not always availabl…

Pulmonary haemodynamics in obstructive sleep apnoea.

1995

In patients with obstructive sleep apnoea syndrome (OSAS), pulmonary haemodynamics can show both transient perturbations during sleep and permanent alterations. During sleep, repeated fluctuations in pulmonary artery pressure and pulmonary wedge pressure, coincident with apnoeas, can be observed. Calculation of transmural pressure values is preferable to intravascular pressures in OSAS, due to the marked swings in intrathoracic pressure associated with obstructive apnoeas. Pulmonary artery pressure may progressively increase during sleep, particularly in close sequences of highly desaturating apnoeas. Apnoea-induced hypoxia appears as the most important determinant of this pulmonary artery …