Considerations regarding the Non-Applicability of Statutory Limitations to Genocide, Crimes against Humanity and War Crimes

Author(s): Bogdan Bîrzu / Language(s): English Issue: 3/2015

In this paper are analyzed the genocide, the crimes against humanity and war crimes from the perspective of humanitarian law, in order to highlight the relevant aspects regarding the nonapplicability of statutory limitations to these crimes.To obtain some efficient legal instruments of protecting human rights and fundamental freedoms, and preventing genocide, crimes against humanity and war crimes, United Nations has established in the international law the "principle of non-applicability of statutory limitations to war crimes and crimes against humanity". A brief analysis is made on legislative acts adopted at European level which regulate the institution of the imprescriptibility of the aforementioned crimes, such as The Convention on the Non-applicability of Statutory Limitations to War Crimes and Crimes against Humanity, which was ratified by Romania by Decree no. 547/1969 (B. Of. No. 83 of 30 July 1969). The Convention contains references regarding the statute of limitations for criminal liability and enforcement of sentences. The analysis of the Convention is intended to highlight the importance of this European legislative act, since it was the first legal instrument of the international community, through which it was possible to ensure the protection of rights and fundamental freedoms beyond the sovereignty of states, thus representing a success and an innovation in international law.

NORMATIVE FRAMEWORK ON ONLINE PRIVACY IN THE EUROPEAN UNION AND IN SERBIA

Author(s): Vidoje Spasić / Language(s): English Issue: 1/2016

The development of modern technology has brought many benefits to its users but it has also seriously endangered individual privacy and raised numerous issues concerning the the protection of personal data. The common assumption that Internet users are largely anonymous in cyberspace is wrong because they leave a trail of all their online activities. Actively or passively, consciously or unconsciously, individuals leave certain personal data which can be either abused or used without the owner’s authorization. Thus, personal privacy can be seriously endangered. In this paper, the author provides an overview of the normative framework on online privacy in the European Union and in Serbia. The EU regulation concerning the protection of privacy in cyberspace is fairly satisfactory, and it is constantly updated in order to keep up with the latest technological developments. The Republic of Serbia has enacted a number of legislative acts regulating some segments of online privacy but the Serbian legislation in this area is generally more suitable for the analogue than for the digital environment, for which reason it has to be further amended and upgraded.

HATE SPEECH ON THE INTERNET

Author(s): Miomira P. Kostić,Vida Vilić / Language(s): English Issue: 1/2016

In addition to the benefits offered by the Internet and social networks, there has been an increase of cyberspace abuses related to certain groups of people belonging to particular age, gender, sex, national or religious groups. By virtue of social networks, these individuals and groups are exposed to different forms of harassment, insults, calls for lynching (etc.), all of which amount to hate speech. The Universal Declaration of Human Rights recognizes the freedom of expression as a human right but the freedom of expression on the Internet is subject to certain limitations because the Internet is not void of different forms of deviant behavior (such as hate speech), which incite discrimination, hatred or violence against groups or individuals on the basis of their personal characteristics. In Serbia, the relevant legal provisions for combating hate speech are embodied in the Serbian Constitution and a number of legislative acts: the Anti-Discrimination Act, the Public Information Act, the Act on the Prevention of Discrimination against Persons with Disabilities, and the Criminal Code of the Republic of Serbia. The most important factors in preventive action are: a detailed normative regulation of this subject matter, detection of all forms of Interent abuse and relevant sanctions for these offences, detection of contents published on social networks which are most frequently used to incite and disseminate speech, raising public awareness, ensuring constant monitoring and control by network administrators and users.

ARTICLE 10 OF THE EUROPEAN CONVENTION in light of the jurisprudence of the European Court of Human Rights

Author(s): Sanja Đorđević Aleksovski / Language(s): English Issue: 1/2016

An important component of freedom of expression as a multifaceted human right is the right to free and unhindered transmission of information. Media are means of mass communication whose basic function is to spread general and complete information on matters of public concern. Being the primary transmitters of information in modern democratic societies, mass media may have a dual capacity: they may either be violators of freedom of expression or entities exposed to the infringement of freedom of expression. The European standards governing the observance of freedom of expression were established through the practice of the European Court of Human Rights, in cases concerning the relationship between Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the role of media in society. The established standards and restrictions should primarily be respected by the state and the media as the main actors in the process of information exchange.

COMPARATIVE CHANGE IN THE LEGAL STATUS OF TRANSGENDER PERSONS

Author(s): Zorica Mršević / Language(s): English Issue: 1/2016

The experiences of countries all around the world show that there is no single, the same and universally applicable scenario of legal changes in terms of regulating the status of transgender people. The process most commonly begins by providing gender reassignment hormonal surgery procedures, which are followed by the legal recognition of a new gender identity. The next step necessarily implies the need to enact legislation to regulate the so-called social gender or gender identity, according to the right to self-determination of transgender persons, which is unrelated to previously undertaken medical treatment and gender reassignment surgery. Some countries have gone far in the implementation of this third step, while others have not taken even the first steps. Notably, different initiatives and events may be observed worldwide, many of which constitute the necessary "first steps" aimed at increasing the social acceptance of gender diversity. These steps may seem small and insufficient, but they are actually huge and significant in breaking the sanctity of the binary gender division and accepting specific transgender individuals. All the steps are based on the need to protect all people, including transgender people, from discrimination, violence, different forms of victimization, and other impacts of neglecting gender identity. Once gender identity becomes legally protected, it is possible to gradually build procedures and other types of legal protection mechanisms designed for all people whose gender identity differs from the rigid binary division into women and men, as the only identity options. In Serbia, there is still a significant lack of legal regulations on the status of transgender persons, which implies that there is much room for improvement in this area. While it would be easy to keep ignoring this issue, it would be irresponsible to exclude transgender persons from the analysis of social phenomena involving marginalization and victimization.

APPLICABILITY OF THE VIENNA CONVENTION RESERVATIONS REGIME TO HUMAN RIGHTS TREATIES

Author(s): Zoran Jovanovski,Vesna Poposka / Language(s): English Issue: 1/2016

International law is facing global unremitting challenges, which are constantly increasing in both scope and content, especially in the context of rising security problems. Universal values:human rights and freedoms are first to be undermined. In such circumstances, states resort to different ways of "relieve" themselves from the imposed obligations by imposing reservations. However, the reservations regime established by the Vienna Convention on the Law of Treaties (1969) is pretty clear. The problems arisein the course of its interpretation and enforcement. The debate on applicability of the reservations regime in the field of human rights treaties has not been exhausted yet. This papers aimed at examining these challenges in an attempt to find answers to these global issues by analyzing the theoretical approaches to the problem and practice of eminent institutions in the area.

DEVELOPPEMENT DURABLE, PROTECTION DU PATRIMOINE, PROTECTION DE L’ENVIRONNEMENT

Author(s): Mircea Duţu,Andrei Duțu-Buzura / Language(s): French Issue: 01/2013

Urban renewal, understood not as a replacement for regular urban policies, but as a transformation, renewal, renovation, has complex implications, transversal and interdependent. The operations to be performed must be an opportunity to correct what is considered today as errors of the past and face meet the new challenges.Among the latter are located so increasingly characterized, in addition to other urban, social and those relating to the planning, the problems and environmental issues and sustainable development. At the same time, according to the Recommendation of the Council's Committee of Ministers of Europe to member states on the European Charter for Spatial territory of the CLS (25 January 1984) as a principle, the man and his welfare also its interaction with the environment are the central concern of land, which aims to offer a framework and quality of life ensuring the development of the personality in an organized environment to human scale.

Solidarystyczna krytyka przyrodzonych praw człowieka – w poszukiwaniu innej podstawy ochrony praw jednostki

Author(s): Jacek Srokosz / Language(s): Polish Issue: 1/2015

The article discusses the problem of justification of protection of human beings’ individual rights within the solidaristic framework. Solidarists refuted the concepts of existence of innate human rights, which made the foundation for protection of a certain range of freedom of the individual, acknowledging it to be pure metaphysics that bore no relation to the reality. Only the rules that regulated interpersonal relations, existing solely and exclusively within social life, could be referred to as law. Therefore there did not exist the category of innate rights – connected with the very essence of humanity and anterior to human community. According to Solidarists, the justification of protection of a certain range of human beings’ individual freedom in their relations with others was an objective social progress, visible in the transition from mechanical into organic solidarity. The basis of protection of the individual’s rights was to be the social conviction, of the objective character, about the necessity of guaranteeing each man a certain scope of protection in order for him to perform his social function.

Les remarques sur les limites de la protection de la vie humaine dans la le droit français

Author(s): Joanna Brzezińska / Language(s): French Issue: 3/2015

The present article is an attempt to determine the range of protection of the right to human life in the French legislation. Taking into account the indicated problem area, the author draws attention to the fact that this protection relates to each phase of the biological development of man, beginning with the pre-natal stage, through the post-natal period until the end of life. However, in dependence on the degree of man’s development (the embryo, fetus, child, adult) the level of its advancement is different. It needs remembering that the French law protects human life on both the civil and penal planes. Still, depending on the type of norm, the range and character of protection provided to man are different, too. As far as the French civil law is concerned, it is human beings who are guaranteed the primacy by the legislature through prohibition of any attempts on their dignity, and the protection of the individual starts from the moment of their birth. In turn, the criminal law imposes an absolute prohibition of depriving humans of Les remarques sur les limites de la protection de la vie humaine dans la le droit français 37 their lives in an intended manner. It must be stressed that the problem area discussed in the article required making reference to two categories of problems: on the one hand – an essay to qualify the limits of human life as regards temporal aspects and designating the initial and final moments of human existence, on the other one – a concrete reference to questions immanently connected with the sphere of conditions and circumstances of permissibility for individual’s existence or that of cessation of it (abortion, the status of human fetus, artificially aided procreation or euthanasia). In the concluding part of the considerations, it is stated that the question of protection of human life undoubtedly is an extremely complicated issue and raises numerous doubts of the interpretative nature. Indeed, from both the biological and legal perspectives there arise serious difficulties to precisely establish the individual stages of human development, as well as adjusting the law to varying conditions of protection of it. Therefore, in each situation where legal norms do not satisfy the requirements posed to them there opens a field of ethical reflection which relates to interpretation of the limits within which human life proceeds.

The obligation to prevent the crime of genocide – the legal regulations versus practice

Author(s): Aleksandra Spychalska / Language(s): English Issue: 3/2015

The article presents the issue of the obligation to prevent the crime of genocide in reference o legal regulations and practice. The legal framework to analyse genocide is the Convention on the Prevention and Punishment of the Crime of Genocide. The document imposes very specific responsibilities on the contracting parties – to prevent and punish the crime of genocide. However, the regulations lack precision and clarity. For instance, it has not been clarified what “preventing genocide” entails. No measures, methods or actions have been enumerated that could serve as means to prevent genocide. The unclear and unprecise regulations leave the parties a lot of space for interpretation, in a way legitimizing “not taking action”. The signatories shy away from the obligation to prevent the crime or intervene only if their particular interest is at stake. The events in Rwanda, Bosnia or Darfur are the shameful exemplifications of this fact.

Ochrona zdrowia i życia ludzkiego – jako powołanie lekarza w Kodeksie etyki lekarskiej

Author(s): Anna Pacian,Monika Kaczoruk / Language(s): Polish Issue: 6/2014

A 21st century physician is a partner and a trusted adviser in the most important issue for everyone, that is health and sometimes also life. Physician’s attitude, passion for medical practice and personal satisfaction in pursuing this profession are the basis for proper fulfilment of the responsibilities entrusted to him or her by contemporary medicine and patients. Practising the medical profession, a doctor decides on the most precious good of another person. A patient’s health, medical treatment, as well as alleviation of pain and suffering which accompany a disease, are the main goals and tasks assigned to a physician by the binding Code of Medical Ethics. A doctor’s profession is primarily a vocation – a service to another person, and most importantly a moral and legal duty to save human life and health.

Jakość opieki medycznej a Kodeks etyki lekarskiej z punktu widzenia sądu lekarskiego

Author(s): Wojciech Łącki / Language(s): Polish Issue: 6/2014

According to Plato quality is a certain degree of perfection. This definition, in medical care, should be related to medical activities understood as a product offered to the patient. It should be evaluated for safety and effectiveness, which translates to meet the needs and expectations of the patient-purchaser. It should be added that expectations can be either exceeded or unfulfilled. Health and life are, since the dawn of humanity, the highest values and that cannot be negated by innumerable facts that show that life, all the more health, used to have and still have little value. The Code of Medical Ethics, comprises the chapter entitled Quality of Care, which includes four articles discussed in this article.

Prokreacja. Kilka uwag komentarza do art. 38–39a Kodeksu etyki lekarskiej

Author(s): Joanna Haberko / Language(s): Polish Issue: 6/2014

The commented chapter of the Code of Medical Ethics (CME) refers to one of the specific issuesin physician’s activities, namely procreation. This chapter includes three provisions, in additionto general rules of medical conduct, in relation to the patient in an extremely delicate situation,that of transmission human life. The CME individual provisions have been analyzed in detail.

„Stosunki wzajemne między lekarzami”. Komentarz do Rozdziału III Kodeksu etyki lekarskiej

Author(s): Jędrzej Skrzypczak / Language(s): Polish Issue: 6/2014

This article discusses art. 52–55 of the Code of Medical Ethics. It was pointed out that it is generallyexpected that we should show each other respect. It is therefore hardly surprising that representatives of the profession of public trust are also required to do so. A special respect should bepaid to senior physicians and one’s earlier teachers. It seems that this duty should result fromgenerally applicable ethical standards. With a view to augmenting the issues discussed a referencewas made to the extensive case law of the Supreme Court and the Constitutional Court.

„Lekarz a społeczeństwo”. Komentarz do V rozdziału Kodeksu etyki lekarskiej

Author(s): Magdalena Reshef / Language(s): Polish Issue: 6/2014

The 5th Chapter of the Polish Code of Medical Ethics, entitled „A Physician vs. Society” contains norms reaching far beyond the sphere of relationship created directly between patient and treating physician; in a very vast context, they form the ethos of the medical profession. These norms formulate the following objectives: physicians stimulate health-related behaviours not only among their own patients, but they also influence the entire society and even the authorities; these norms define duties of informing about ecological threats. They determine standards of massive epidemiological studies, characterized by the lack of risk and using the results exclusively for improving the health of the society. Regarding the problem of the physician as an employee and his right to go on strike, the norms determine the extent of the possible non-giving assistance during an action of protestation. They forbid physicians to take part in tortures or in any other way of treating individuals in a cruel or humiliating manner. They qualify as unethical an action of the physician who, in sports, uses therapeutic means and methods for non-therapeutic purposes. They postulate offering the physician, performing his profession, a particular form of protection. Many of ethical standards mentioned in the 5th Chapter are reflected in valid legal provisions. Only the Article 69 of the Polish Code of Medical Ethics, obligating physicians to give assistance to everyone in need, has lost its topicality; it has lost its normative importance because it is less rigorous than legal norms that are effective today.

Równość stron czy podporządkowanie w umowach o udzielanie świadczeń opieki zdrowotnej w ramach powszechnego ubezpieczenia zdrowotnego

Author(s): Kamila Kocańda / Language(s): Polish Issue: 6/2014

Health care benefits financed from public funds by the National Health Fund, due to the separation of functions of the payer and the provider, are carried out with the participation of publicand commercial entities, performing medical activities. The process of contracting these benefits should emphasise the existence of uniform criteria for the selection of providers, and their equal treatment when applying for a contract. The market of health care services, financed from public funds is increasingly open to service providers, and not only the public ones. It must, in consequence,result in specific organizational manner of benefits’ provision, yet at the same time leadinginto temptation of imposing prices and conditions of contracts, in the absence of a realchoice of any other, alternative source of financing the services.

Sprawozdanie Naczelnego Rzecznika Odpowiedzialności Zawodowej za rok 2014

Author(s): Grzegorz Wrona / Language(s): Polish Issue: 6/2014

Sprawozdanie z działalności Naczelnego Sądu Lekarskiego w 2014 roku

Author(s): Wojciech Łącki / Language(s): Polish Issue: 6/2014

Implementacja w prawie polskim zawartego w konwencji z Aarhus wymogu „właściwego” sposobu powiadomienia społeczeństwa

Author(s): Wiktoria Raczyńska / Language(s): Polish Issue: 4/2015

According to the international and EU law, as well as national laws of the some states, during environmental decision-making public participation procedure should be carried out. The procedure begins from the notification, which should be implemented in the adequate way. This means that it should consist of the information listed in art. 6 para. 2 points from a to e of the Aarhus Convention. This information can be divided into two groups. The first group is aimed at notification of the public concerned about the planned project (what it is, what its purpose is, which decisions and by which authority can be taken). The second group is directed at the members of public who are interested in participating in this proceeding. Thus, this group of information concerns the subsequent stages of the public participation procedure. This includes the possibilities to examine the relevant documentation, to submit comments and proposals, which will be considered during the decision-making, as well as to be notified about the final decision. The general rule is to provide sufficiently detailed information to facilitate the public participation in the proceedings. The relevant EU and Polish legislation rather correctly implement these requirements.

Amerykańska praktyka stosowania torutur na przykładzie zatrzymanych w Guantanamo

Author(s): Agnieszka Szpak / Language(s): Polish Issue: 2/2009

This article presents normative state of the prohibition of torture and other cruel, inhuman or degrading treatment taking into account American legal obligations. What is relevant in the article is a debate that took place after the September 11 th attacks on the possibility of legalizing or justifying torture. In the light of the legal state the author analyzes Americanpractice of torture taking the example of Guantanamo Bay detainees.