Search results for 'Human Rights legislation & jurisprudence' (try it on Scholar)

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  1. Edita Gruodytė (2012). Legal Aspects of Regulation of Abortion in the Context of Jurisprudence of the European Court of Human Rights. Jurisprudence 19 (2):739-752.score: 888.0
    Regulatory approach to the right to abortion in Europe is diverse and basically related to the issue of when the right to life begins and how this question is reflected in national legislation. Such an approach and diversity is tolerated by the European Court of Human Rights, but only if some specific standards and criteria formulated in the jurisprudence of the European Court of Human Rights are reflected in national legislation. Research of the (...)
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  2. Elizabeth Wicks (2007). Human Rights and Healthcare. Hart Pub..score: 726.0
    Introduction: human rights in healthcare -- A right to treatment? the allocation of resouces in the National Health Service -- Ensuring quality healthcare: an issue of rights or duties? -- Autonomy and consent in medical treatment -- Treating incompetent patients: beneficence, welfare and rights -- Medical confidentiality and the right to privacy -- Property right in the body -- Medically assisted conception and a right to reproduce? -- Termination of pregnancy: a conflict of rights -- (...)
     
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  3. Aurora Plomer (2005). The Law and Ethics of Medical Research: International Bioethics and Human Rights. Cavendish.score: 720.0
    This book examines the controversies surrounding biomedical research in the twenty-first century from a human rights perspective, analyzing the evolution and ...
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  4. Jaunius Gumbis, Vytaute Bacianskaite & Jurgita Randakeviciute (2010). Human Rights Today. Jurisprudence 119 (1):125-145.score: 504.0
    In the twenty-first century, human rights play a very important role in modern society. The Universal Declaration of Human Rights, released on 10 December 1948th was thought to become an everlasting source of fundamental human rights and freedoms. The Declaration corresponds to the situation that global community was facing 60 years ago. Today it is a collection of articles that is the cornerstone of the whole system of human rights protection. However, gross (...)
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  5. Lyra Jakulevičienė & Vladimiras Siniovas (2013). Protection under the European Convention on Human Rights – Oasis for Asylum Seekers in Europe? Jurisprudence 20 (3):855-899.score: 480.0
    Even though the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) does not explicitly address the rights of asylum seekers and refugees, the case law of the European Human Rights Court (ECtHR) confirms that their rights can be successfully defended under this mechanism. In parallel, in its evolving jurisprudence on asylum the Court of Justice of the European Union (CJEU) refers to the Strasbourg case law, where there is a certain (...)
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  6. Sheila McLean (2007). Impairment and Disability: Law and Ethics at the Beginning and End of Life. Routledge-Cavendish.score: 408.0
    pt. 1. Background you need. -- What is brain-compatible teaching -- The old and new of it -- When brain research is applied to the classroom everything will change -- Change can be easy -- We're not in Kansas anymore -- Where's the proof -- Tools for exploring the brain -- Ten reasons to care about brain research -- The evolution of brain models -- Be a brain-smart consumer: recognizing good research -- Action or theory: who wants to read all (...)
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  7. Mário Bigotte Chorão (2006). Pessoa Humana, Direito E Política. Imprensa Nacional-Casa da Moeda.score: 396.0
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  8. Andrius Lygutas (2009). Rights in the Context of Counter-Terrorism Measures: United States of America. Jurisprudence 117 (3):145-161.score: 354.0
    The terror attacks of September 11, 2001, facilitated a transformation in federal Governance in the United States of America (hereinafter – the USA). The events of that day showed that the counter-terrorism system of the USA was ineffective. Law enforcement agencies failed to prevent terrorist attacks and thus changes were necessary. The most significant transformations were the following: dozens of new laws were passed; the bureaucracy of the US Government was reorganized; a war was launched to eliminate a sanctuary that (...)
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  9. Robert Alexy (2009). A Theory of Constitutional Rights. OUP Oxford.score: 261.0
    In any country where there is a Bill of Rights, constitutional rights reasoning is an important part of the legal process. As more and more countries adopt Human Rights legislation and accede to international human rights agreements, and as the European Union introduces its own Bill of Rights, judges struggle to implement these rights consistently and sometimes the reasoning behind them is lost. Examining the practice in other jurisdictions can be a (...)
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  10. Aurelija Pūraitė (2012). Origins of Environmental Regulation. Jurisprudence 19 (2):657-674.score: 234.0
    During the last twenty – thirty years there has been unprecedented demand for new legal regulation in the field of environmental protection, which influenced the immense growth in both the body of environmental legislation and in re-thinking the idea and principles of the environmental protection itself. The provisions of environmental law are passed, accepted and obeyed with a great resistance in the society. On the one hand, environmental law may be defined as a value system that seeks to induce (...)
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  11. Tomas Bagdanskis & Paulius Sartatavičius (2012). Workplace Privacy: Different Views and Arising Issues. Jurisprudence 19 (2):697-713.score: 222.0
    This article discusses the problematic aspects relating to the employee privacy in his workplace and its limits reacting to employer‘s interests. It contains analysis of National, European and transatlantic legislation of privacy in the workplace and concentrates on the electronic privacy (e-mails, communications, etc.). The article is based on legal acts and judgements of the Supreme court of Lithuania, European Court of Human Rights and other countries courts judgements in order to provide the legislative execution practice as (...)
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  12. Oleg Fedosiuk (2012). Criminal Legislation Against Illegal Income and Corruption: Between Good Intentions and Legitimacy. Jurisprudence 19 (3):1215-1233.score: 210.0
    Recently (2010–2011) new criminal legislation to combat illegal income and corruption was passed and publicly discussed in Lithuania. Within the list of the new legal measures, special attention should be paid to criminalisation of illicit enrichment, establishment of a model of extended property confiscation, reinforcement of responsibility for corruption-related offenses, a provision that not only property but also personal benefits may constitute a bribe. It can be seen from the explanatory letters attached to the draft laws and the political (...)
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  13. Oleg Fedosiuk (2012). Criminal Liability as a Last Resort (Ultima Ratio): Theory and Reality. Jurisprudence 19 (2):715-738.score: 210.0
    The modern Lithuanian legal doctrine recognises that criminal liability is a last resort (ultima ratio) protecting the society from various law violations. This idea has got deep roots in criminology and is obviously based on the position of rational approach towards the state criminal policy. However, it is not clear whether it is of obligatory legal status to the legislature and the courts. This article attempts to present the idea of a last resort as a concept based on the constitutional (...)
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  14. C. Manuel, P. Enel, J. Charrel, D. Reviron, M. P. Larher, X. Thirion & J. L. Sanmarco (1990). The Ethical Approach to AIDS: A Bibliographical Review. Journal of Medical Ethics 16 (1):14-27.score: 198.0
    This bibliographical study involved first the exploitation of four data-banks: Medline, CNRS, Bioethics and AIDS, with the following key words (in conjunction with AIDS): ethics, human rights, confidentiality, legislation, jurisprudence. A total of 412 references were listed between 1983 and the end of 1987. Examination of the quantitative increase of articles over these years shows that, while references to AIDS and/or HIV infection--referred to as 'AIDS' for brevity--increased by about one third per year, the number of (...)
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  15. Stefan Kirchner (2012). The Confessional Secret Between State Law and Canon Law and the Right to Freedom of Religion Under Article 9 of the European Convention on Human Rights. Jurisprudence 19 (4):1317-1326.score: 168.0
    Within the Irish government there is a discussion regarding the possibility of limiting the legal protection afforded to the confessional secret. This paper addresses the question of whether this suggestion, if it were to be implemented by the legislature, would be compatible with the right to religious freedom under Article 9 of the European Convention on Human Rights (ECHR). This text will also highlight the role of the confessional secret in canon law and the protection of it under (...)
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  16. Anthony Reeves (2014). The Binding Force of Nascent Norms of International Law. Canadian Journal of Law and Jurisprudence 28 (1):145-166.score: 144.0
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...)
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  17. Alex O'Meara (2009). Chasing Medical Miracles: The Promise and Perils of Clinical Trials. Walker & Co..score: 144.0
    Journalist Alex O’Meara is one of the more than twenty million Americans enrolled in a clinical trial—three times as many people as a decade ago. Indeed, clinical trials have become a $24 billion industry that is reshaping every aspect of health-care development and delivery in the United States and around the world. As O’Meara chronicles, twentieth-century medical trials have led to epic advances in health care, from asthma inhalers and insulin pumps to heart valves and pacemakers. And yet, although regulations (...)
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  18. Solveiga Cirtautienė & Dalia Vasarienė (2009). Social Purpose of Private Property. Jurisprudence 118 (4):105-122.score: 134.0
    Lithuania had a different experience in legal regulation of private property. There were periods when right to private ownership was denied and on the other hand – the periods when right to private ownership was respected and protected. Authors wanted to review today’s status of rights to private property in retrospective. The main purpose of the article is to reveal functions of private property in Lithuania. The article analyzes peculiarities of legal regulation of private property in Lithuania during different (...)
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  19. J. Allen & B. A. Hocking (2010). Unlocking the Alienation: A Comparative Role for Alien Torts Legislation in Post-Colonial Reparations Claims? [REVIEW] Human Rights Review 11 (2):247-276.score: 126.0
    This article continues the themes developed in a previous paper looking at reparations for past wrongs in post-colonial Australia. It narrows the focus to examine the scope of the law of tort to provide reparations suffered as a result of colonisation and dispossession, with particular emphasis on the assimilation policies whose legacy is now known emphatically, although it ought not be exclusively, as the Stolen Generations. The search for more than just words is particularly topical in light of the Australian (...)
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  20. Danielius Serapinas (2013). Legislative and Ethical Peculiarities of Human Genetic Data Protection. Jurisprudence 20 (1):165-179.score: 102.0
    Genetics is a biomedical science that investigates heredity, variability, occurrence of genetic diseases and their prevention. Genetic science has many fields of science, which deal with different genetic processes, methods, aspects and fields of application. The genetic research in Europe related to the individual as the main subject of the research is exposed to a wide range of ethical and legal issues. From the developments in genetic science other sciences have evolved, thanks to which the modern world is able to (...)
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  21. Jerry Menikoff (2006). What the Doctor Didn't Say: The Hidden Truth About Medical Research. Oxford University Press.score: 80.0
    Most people know precious little about the risks and benefits of participating in a clinical trial--a medical research study involving some innovative treatment for a medical problem. Yet millions of people each year participate anyway. Patients at Risk explains the reality: that our current system intentionally hides much of the information people need to make the right choice about whether to participate. Witness the following scenarios: -Hundreds of patients with colon cancer undergo a new form of keyhole surgery at leading (...)
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  22. T. Dalyell (1975). Tissue for Transplantation. Journal of Medical Ethics 1 (2):61-62.score: 76.0
    In this article Mr Tam Dalyell mp uses extracts from the speech1 he made in the House of Commons on 11 December 1974 to reiterate his reasons for persisting in his attempts to have formulated in law the right of hospitals to take such organs from a dead person as might be useful unless before death potential donors (all of us) had stated that they did not consent. Details of those objecting would be registered on a central computer.
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  23. Lyra Jakulevičienė (2012). Lessons of the First EU Court of Justice Judgments in Asylum Cases. Jurisprudence 19 (2):477-505.score: 70.0
    Starting from 2009, national courts of the EU Member States for the first time gained a “real” right to request the EU Court of Justice for preliminary rulings in asylum matters. First judgments of this Court demonstrate equivocal tendencies: some are blaming the Court for incompetence in asylum matters, others believe that the adoption of authoritative decisions at the European level will assist in developing consistent practice of applying asylum law in the European Union, something that failed at international level (...)
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  24. Gediminas Sagatys (2009). Case Law as the State Family Policy Formation Instrument. Jurisprudence 118 (4):217-234.score: 42.0
    The aim of the present article is to explain the role of the judiciary in forming the family policy in Lithuania. For this purpose in the first part of the article the legal basis for the state family policy formation is discussed. The conclusion is drawn that the judiciary is not separated from the formation of the family policy by any constitutional means. The article further describes how this function is actually implemented by the judiciary. The actual influence of the (...)
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