Search results for "RIGHT TO LIFE"
showing 10 items of 11 documents
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…
ASSESSING THE RIGHT TO A “DIGNIFIED LIFE” IN THE CONTEXT OF SOCIAL AND CULTURAL RIGHTS PROTECTION Judicial Success or Failure?
2016
Tis contribution aims at assessing whether or not, and for what reasons, the concept of the “right to a dignifed life” – i.e. the right not to be prevented from having access to minimum living conditions compatible with human dignity – provides an appropriate and effective means to address violations of social and cultural rights within the Inter-American System. Afer presenting the main aspects of the right to live a dignifed existence and contextualising it within the jurisprudence of the Inter-American Court on Human Rights (IACtHR) in the area of economic, social and cultural rights (ESC rights), the analysis focuses on the main strengths and weaknesses that, on both a conceptual and a p…
La legge n. 219 del 2017 e la disciplina del fine-vita tra principi costituzionali e problemi aperti. Spunti di riflessione
2019
The law no. 219 of 2017 intervened, after an almost thirty-year debate, to introduce a discipline, though still incomplete, of the end of life. It is the first legislative intervention expressed in a matter on which, until recently, there were doubts that the State could intervene. The legislation is constructed by general clauses, which incorporate the jurisprudential right, guaranteeing that the person has possibility for autonomous decisions on how to live the terminal phases of a pathological state that approaches to death. However, it cannot be assumed that it is only a recognition of the already living right, since, in art. 1, the definition of the axiological framework of reference c…
El inicio de la vida humana y el alcance de su protección jurídica en la jurisprudencia europea e internacional
2014
The international human rights treaties recognize the right to life, but most of them do not determine if the unborn is within its scope and what the degree of protection. Given this lack of specificity, the interpretation and application of this fundamental right by its supervisory bodies is particularly important. The analysis of existing case law about it - mainly from Europe - will enable us to contribute to the definition of subjective and objective scope of the protection of the unborn.
Viaggi internazionali ai tempi del COVID-19: quale ruolo per il diritto internazionale?
2021
Since the beginning of the COVID-19 pandemic, States and corporations have been debating over what measures could be implemented in order to progressively ease restrictions on international travel: the proposals made included implementing an immunity passport, or, with the development and production of vaccines, a vaccination certificate. The article analyses the possibility of adopting these measures in conformity with International Health Regulations (IHR) and the International Covenants on Human Rights. Finally, it formulates a hypothesis for the revision of International Health Regulations whilst giving them an interpretation that is harmonized with human rights norms.
The prevention of labor risks in chile: Some reflection on the employer'S security obligation
2021
La prevención de riesgos laborales es un derecho básico de los trabajadores, por su evidente conexión con el derecho a la vida y a la salud. Su relevancia y complejidad jurídica merecen conocer cómo se regula el deber de seguridad en el ordenamiento jurídico chileno, cuáles son sus características más relevantes y cuál es el alcance de esta obligación empresarial The prevention of occupational hazards is a basic right of workers, connected with the right to life. It is important to know how it is regulated in the Chilean law, and analyze its most important characteristics. Universidad Pablo de Olavide
Przesłanka eugeniczna (embriopatologiczna) jako przesłanka legalnego przerywania ciąży – glosa do wyroku trybunału konstytucyjnego z 22.10.2020 r. (k…
2020
Eugenic (embryopathological) premise as a premise for legal termination of pregnancy – commentary to the judgment of the Constitutional Tribunal of 22.10.2020 (K 1/20) This study is a gloss to the judgment of the Constitutional Tribunal of October 22, 2020, in which the Tribunal declared the so-called unconstitutional eugenic (embryopathological) premises as a premise for legal termination of pregnancy. The adopted research methodology was as follows. Firstly, it was analyzed whether the right whose infringement is legalized by the ordinary legislator constitutes a constitutional value. Secondly, the problem boiled down to the question of whether the legalization of infringements of this ri…
Article 2 of the Charter of Fundamental Rights of the European Union on the right to life
2022
El document forma part dels materials docents presentants al Servei de Política Lingüística de la Universitat de València, convocatòria Premis Fernando Sapiña 2022 a la qüalitat lingüística en l’elaboració de materials docents en valencià i en anglès. In this publication, I comment you the article 2 of the Charter of Fundamental Rights of the European Union on the right to life.
Uccisioni mirate, legittima difesa preventiva e diritti umani
2018
Targeted killings by drones on the territory of other States has increasingly become the US Administration’s weapon of choice in the war against terrorism. According to the US, these operations constitute a justified use of self-defensive force «against terrorists who pose a continuing and imminent threat to the American people» (Remarks by the President at the National Defense University, 23 May 2013, www.whitehouse.gov). The aim of the present article is to assess the validity of this justification under both ius ad bellum and international human rights law. To this end, Section 1 introduces the arguments advanced by the US Administration. Section 2 explores the admissibility of anticipat…
Stato, emergenza e diritto alla vita
2021
Never as in this period Constitution and life have antertwined their orbits, with highly complex and still uncertain outcomes. Because it was the life of entire populations that was questioned by Covid-19. That it was not just this, that something else - the rule of law, freedom, the economy - is also in danger, is certain. It remains that the virus, first of all, attacked our survival, resulting in a series of unprecedented regulatory measures justified essentially by the defense of life. In the conflict between the right to life and the temporary suspension of fundamental rights, the pendulum of the alternative has swung in favor of the former. The choices of the Government in times of pa…