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Promotion of Human Rights in the Republic of Kosovo

Author(s): Albulena Ukimeraj / Language(s): English Issue: 1/2016

Fundamental rights and freedoms are constitutional category of democratic states whereas the standards for guaranteeing these rights have been determined in the highest international acts of the United Nations. Promotion of equality and compliance with human rights initially originated in social developments in antiquity period. The Greek philosophy represented by world class philosophers Plato and Aristotle, created the foundation for complying with these rights which still serve as principles in the modern times and democratic developments. In later stages of social developments, despite the progress, compliance with human rights in the slavery era but even in the medieval times was faced with many challenges. Meanwhile, the development of the modern world, as an enlightening historic moment, it is the French Revolution, which was of course preceded by important documents in the history of development and advancement of human rights such as: Magna Carta Libertatum and the US Constitution. The reason for addressing this topic consists in the fact that these fundamental rights and freedoms are parts of constitutions of many countries including Kosovo, which are proclaimed and protected by different acts and norms, however they continue to be infringed either by individuals or institutions. Thus, with the aim of promotion of human rights and legal basis related to them in the Republic of Kosovo, this paper will elaborate development of human rights and the legal infrastructure for protection and compliance of human rights in a chronological manner by providing conclusions on the promotion of human rights in the Republic of Kosovo.

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The Strasbourg Court – Between Individual or General Justice

The Strasbourg Court – Between Individual or General Justice

Author(s): Bożena Gronowska / Language(s): English Issue: 1/2013

The main problem under consideration in the present Article is connected with a more visible process of transformation of the European Court of Human Rights – from a judicial organ for typically individual justice into the so-called sub-constitutional court dealing with problems of a general nature. The author tries to select and propose a proper systematization of all the various elements of the said process which have appeared at different moments in the systems’ existence.In the author’s opinion the above-mentioned change of nature of the Strasbourg Court is an unavoidable consequence of present day realities. Nonetheless, an important question still remains open, namely, the one concerning a real need of Europeans as far as the protection of their human rights and freedoms are concerned. In order to construct a full picture of the problem the author also makes references to the basic literature on the subject. In this way the main arguments “pro” and “against” are available. For sure it is still too early to formulate one categorical answer concerning the transformation of the Strasbourg Court. The author only hopes that in the near future European individual justice will not totally disappear and that some kind of proper compromise will be reached.

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Wielkopolska sojusznikiem transplantacji

Wielkopolska sojusznikiem transplantacji

Author(s): Marek Woźniak / Language(s): Polish Issue: 3/2011

Fourteen months ago the Region of Wielkopolska clearly supported the idea of organ donation, by signing the letter of intention and entering the „Partnership for transplantation” programme. The Region’s authorities responded in this way to the Ministry of Health appeal concerning the implementation of the project, with a view to raising the social awareness regarding the role and the importance of transplantology. The things have changed beyond recognition since then, both in the medical sciences, and in the social attitude to this issue. The physicians have progressed much in their fight to save human life, as exemplified by the Heart Transplantation Programme in the Cardiosurgery Department of the University Hospital No. 1 in Poznan. This is what – the everyday work of many physicians, constant perfecting of their craft, as well as conversations with the donors’ families, getting ready for „the second life”, i.e., life after transplantation – is all about. The whole chain of diverse emotions and difficult decisions, still unduly accompanied by social mistrust.

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Postępowanie mediacyjne w ramach odpowiedzialności zawodowej lekarzy

Postępowanie mediacyjne w ramach odpowiedzialności zawodowej lekarzy

Author(s): Małgorzata Rajca,Ewa Nowosielska / Language(s): Polish Issue: 3/2011

Throughout the 1970s a number of countries had begun exploring the range of possibilities aimed at solving conflicts and reacting to crime in a way different than by inflicting a punishment. The interests and the standpoint of the harmed person – who was to obtain compensation for the wrong done – were taken into consideration. The wrongdoer could expect – in return – a penalty of milder kind or even renouncement of inflicting a punishment. Thus the conclusion of a conflict increasingly depended on the agreement between the offender and the harmed person. The institution of mediation offered such possibilities. It is, however, associated with a multitude of issues, such as: burdening of the courts with an excessive number of cases, exorbitant costs and protraction of proceedings at law. Mediation as a form of solving conflicts is beneficial both to the harmed person and to the defendant, for it creates a safe space to carry on talks, express own emotions, expectations, feelings, &c. The arguments of the parties to the dispute may be expressed, and its causes identified and examined. The article focuses on this theme while pointing at ways of applying the institution discussed in proceedings at medical courts.

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Sprawozdanie okręgowych rzeczników odpowiedzialności
zawodowej i Naczelnego Rzecznika Odpowiedzialności
Zawodowej za rok 2010

Sprawozdanie okręgowych rzeczników odpowiedzialności zawodowej i Naczelnego Rzecznika Odpowiedzialności Zawodowej za rok 2010

Author(s): Jolanta Orłowska-Heitzman / Language(s): Polish Issue: 3/2011

The report presents the performance of Screeners for Professional Liability in 2010.

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Naczelny Sąd Lekarski – dane liczbowe za 2010 r.

Naczelny Sąd Lekarski – dane liczbowe za 2010 r.

Author(s): Wojciech Łącki / Language(s): Polish Issue: 3/2011

The Report presents the performance of Medical Courts in 2010.

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Przegląd orzecznictwa NSL z 2010 r.

Przegląd orzecznictwa NSL z 2010 r.

Author(s): Jędrzej Skrzypczak / Language(s): Polish Issue: 3/2011

The article presents the most important decisions of the Supreme Medical Court in 2010.

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Professional liability proceedings concerning physicians in the light of the Supreme Court (of Appeal) jurisdiction

Professional liability proceedings concerning physicians in the light of the Supreme Court (of Appeal) jurisdiction

Author(s): Jędrzej Skrzypczak / Language(s): Polish Issue: 3/2011

The article depicts verdicts of the Supreme Court in cases concerning professional liability ofphysicians.

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Orzecznictwo Europejskiego Trybunału Praw Człowieka
dotyczące spraw medycznych wydane przeciwko Polsce
w latach 2010–2011

Orzecznictwo Europejskiego Trybunału Praw Człowieka dotyczące spraw medycznych wydane przeciwko Polsce w latach 2010–2011

Author(s): Magdalena Zamroczyńska / Language(s): Polish Issue: 3/2011

The survey comprises the most important verdicts of The European Court of Human Rights incases concerning physicians against Poland.

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The codification of the Hindu personal law in the independent India

The codification of the Hindu personal law in the independent India

Author(s): Anna Drwal / Language(s): English Issue: 2/2016

The article is about the codification of the Hindu personal law in India after this country regained independence in 1947. On the example of the actions taken in India it is easy to noticed that the legal solutions to be effective and to achieve the intended goals have to be adjusted to the social reality, to the traditions and customs of the chosen society.

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Prawne aspekty zastosowania mikro- i nanochipów w diagnostyce oraz opiece nad osobami dotkniętymi chorobą Alzheimera

Prawne aspekty zastosowania mikro- i nanochipów w diagnostyce oraz opiece nad osobami dotkniętymi chorobą Alzheimera

Author(s): Marcin Jurewicz / Language(s): Polish Issue: 1/2016

The use of new technologies in preventing and treating Alzheimer's disease is aimed at the early detection, implementation of more effective treatments and improve the level of care for people suffering from the disease. Placing on the market of active implantable medical devices (including microchips for implantation in patients with Alzheimer's disease and use in taking care of them) is subject to restrictive legal requirements. These products must be designed, manufactured and placed in the patient's body in a way that does not endanger their health and safety.

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O ochronie życia ludzkiego w fazie postnatalnej. Rozważania etyczne

O ochronie życia ludzkiego w fazie postnatalnej. Rozważania etyczne

Author(s): Joanna Brzezińska / Language(s): Polish Issue: 1/2015

The article is a look at the scope of the protection of human life in one of the earliest phases of its existence – postnatal phase, from the point of view of some representatives of the contemporary ethics. Preliminary considerations are focused on determining the limits of protection, which the newborn is entitled to according to the leading German philosophers P. Singer and H. Khuse. It remains an unquestioned belief that Singer’s concept of existence of human beings is currently one of the most controversial philosophical concepts, as evidenced even by the statement that human existence is evaluated depending on various circumstances, and its personal dimension is fulfilled only after specific features and abilities of the human reveal. Thus, if the act of interruption of life concerns the creature that does not demonstrate those features, it remains irrelevant as it does not apply to the person. Thus, if the newborn does not have personal characteristics, depriving it of life becomes acceptable. If there are reasonable grounds for that, a doctor has the right to perform treatment in such a manner that lead to the child’s death, especially in the case of deep physiological anomalies (brainless or disabled child). Another part of the deliberation was dedicated to an even more radical, in terms of the admissibility to dispose of human life (in the postnatal phase of its development), ethical views formulated recently by A. Gubilini and F. Minerva. According to the indicated authors, the status of the newborn is identical to that of the human fetus, and human personality deficit in the newborn baby can be derived from this fact. Since the newborn is devoid of personality, then no harm can be inflicted upon it. The potentiality of the human being in the post-natal form does not necessarily have to mean the right to live in the future, especially since parents may decide to kill the child without causing any harm to the one who has no such right, because that creature exists only potentially. In conclusion, the ideas were confronted with the question of the ethical dimension, seriously questioning it , given the assumptions of the indicated positions.

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Особености при защита на интелектуалната собственост при менажирането на музикален лийбъл

Особености при защита на интелектуалната собственост при менажирането на музикален лийбъл

Author(s): Nikolina Belcheva Dragneva / Language(s): Bulgarian Issue: 1/2014

There is no country in the world, where music is not consumed. Music is created and “used” in any culture and the pieces of music are the products most accessible for use. The distribution of the musical production is performed free of charge, online in digital and audio formats via Internet. Netlabels use Creative Commons licenses, encouraging the sharing and the creative use of the musical works.This enables the performers to retain full copyrights on their music and to gain popularity at the same time

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Democratising democracy, humanising human rights: European decolonial social movements and the “alternative thinking of alternatives”

Democratising democracy, humanising human rights: European decolonial social movements and the “alternative thinking of alternatives”

Author(s): Julia Suarez-Krabbe / Language(s): English Issue: 3/2013

This paper offers a snapshot of the potential contributions that Decolonial Social Movements have to the democratisation of democracy and to the humanisation of human rights. It analyses European realities of racist exclusion through the theorizations of four Decolonial Social Movements; the Parti des Indigènes de la République (PIR) in France, the Dutch Black Movement, the Islamic Human Rights Commission in the UK, and the Studies Group of the Andalusian Workers’ Union (Grupo de Es-tudios - Sindicato Andaluz de Trabajadores; GE-SAT). These movements all point to two fundamental crises of longue durée: the crisis generated by the category of the ‘human’, and that generated through the idea of ‘democracy’. They underline the importance of ‘democratising democracy’, and ‘humanising human rights’ in ways that take into account ‘other grammars of human dignity’. In essence, this effort implies abandoning the category ‘human’ and the idea of ‘democracy’ as globalised localisms –as the products of racism; the appropriation, violence and control of people marked as dispensable, subhuman and nonhuman, and instead reinventing them in ways that effectively counter their inherently racist/sexist logics; an alternative thinking of alter-natives.

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EUROPEAN COURT OF HUMAN RIGHTS (GC), CASE OF LAMBERT AND OTHERS V. FRANCE, JUDGMENT OF 5 JUNE 2015, APPLICATION NO. 46043/14

EUROPEAN COURT OF HUMAN RIGHTS (GC), CASE OF LAMBERT AND OTHERS V. FRANCE, JUDGMENT OF 5 JUNE 2015, APPLICATION NO. 46043/14

Author(s): Julia Kapelańska-Pręgowska / Language(s): English Issue: 1/2016

This case commentary provides an analysis of the judgment of 5 June 2015 in Lambert and others v. France, handed down by the Grand Chamber of the European Court of Human Rights. The case at issue concerned the discontinuation of treatment (artificial nutrition and hydration) of a patient who was unconscious and not able to express his wishes. It can undoubtedly be classified as one of the “hard cases” decided by the ECtHR, as it touches upon end-of-life dilemmas and the scope of patient’s autonomy. Legal regulation of these issues proves to be very difficult because it needs to avoid vagueness and has to balance conflicting interests and rights.This comment proceeds as follows. Part I offers introductory remarks and explains the fundamental nature of the underlying dilemmas. Part II describes the basic facts of the case, followed by part III which describes the scope of the claim. Part IV discusses admissibility questions – that is – of locus standi and jurisdiction ratione personae. The next part provides some insight into the French legislation concerning the rights of patients in end-of-life situations (Loi Leonetti). Part VI discusses major questions that have been raised in the judgment. The final part offers some conclusions and points for further discussion.

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Property in Some European Constitutions

Property in Some European Constitutions

Author(s): Wawrzyniec Żbikowski / Language(s): English Issue: 4/2014

The aim of the study is to analyse the notion of property in the selected European countries’constitutions. The author present the constitution of Poland, Russia, Germany and France and confront with the construction of the right to property in the European Convention on Human Rights.

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Is My Body My Property?

Is My Body My Property?

Author(s): Marta Nawrocka / Language(s): English Issue: 4/2014

The aim of the study is to evaluate human body law protection system. The author analyse selected issues related to the human body in order to evaluate it in its legal and ethical perspective. Presenting the topic the author refers to the Convention on Human Rights and Biomedicine and the Convention for the Protection of Human Rights and Dignity of the Human Being.

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Hod po trnju: Procesuiranje ratnih zločina u Srbiji 1993-2013.

Author(s): Vladimir P. Petrović / Language(s): Serbian Issue: 1-2/2013

The article gives and overview of the dynamics of prosecution of war crimes committed during the wars in the former Yugoslavia. Prosecution of war crimes is perceived as the key aspect of overcoming a criminal legacy of recent past, but also as a hostage of political forced vested in its sidetracking. Different phases of this process were characterized by concealing of war crimes (1993–2000), revealing of their scope (2001–2003), mobilization in attempts to bring the responsible to justice (2003–2009) and erosion of enthusiasm for this mechanism of facing the past (2010–2013). Lack of proportion in legal response to committed crimes is emphasized, as well as the societal consequences of the limited scope of legal facing with the recent past.

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Suđenja i kažnjavanja pristalica Rezolucije Informbiroa

Author(s): Martin Previšić / Language(s): Croatian Issue: 1-2/2013

The author analyses the means and types of persecution and punishment of real and alleged supporters of the Resolution of IB in the period 1948–1956. He uses new sources from the archives as well as testimonies of the surviving convicts of IB to reconstruct the main characteristics of the trials and punishment of persons accused of support the Resolution of IB. The author furthermore presents the new statistical data that shed light on this phenomenon, such as the number of persons that had been tried, sentenced, nationality of the convicts etc.

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MODEL LAW ON THE INSTITUTION OF HUMAN RIGHTS OMBUDSMAN OF BIH

MODEL LAW ON THE INSTITUTION OF HUMAN RIGHTS OMBUDSMAN OF BIH

Author(s): Saša Gavrić,Adrijana Hanušić / Language(s): English Issue: 15/2015

The Institution of Human Rights Ombudsman of BiH is a central, independent institution for the protection and promotion of human rights. Having in mind that there are no other institutions of ombudsman nature in Bosnia and Herzegovina (e.g. thematic ombudsman), nor other institutions for human rights, such as foundations or government offices for the promotion of civil society, the importance of the Institution of Human Rights Ombudsman of BiH is even greater.

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