Rights

The relevance of the study, given the law enforcement practice of the courts of Ukraine and the case law of the European Court of Human Rights, based on the coverage of standard decisions, lies in identifying some errors in the pre-trial investigation. Further, the study disclosed the issues related to the observance of human and civil rights and freedoms during the surveillance. The purpose of the study is to identify the main reasons for recognising the evidence obtained during covert investigative (...) action as inadmissible in the course of the trial. The methodological basis of the study is a comparative legal method based on the evaluation approach, a formal legal (dogmatic) method, analysis and synthesis. The study highlights individual papers in the context of the issue under consideration, which allowed disclosing the content of each of the areas and tracing their relationship. Based on the review of judicial practice and decisions of the European Court of Human Rights, the main reasons for declaring evidence inadmissible are presented and substantiated. In addition, individual court decisions on non-compliance with constitutional human rights and freedoms during such a covert investigative (search) action as surveillance are summarised and characterised. It was proved and argued that authorised bodies that have the right to authorise surveillance must comply with the norms of the European Convention on Human Rights. It is determined in which cases the court may recognise evidence obtained during surveillance as admissible. The ultima ratio principle, which guarantees the observance of constitutional human and civil rights and freedoms during pre-trial investigations, is highlighted separately. A personal opinion on each of the analysed decisions is formulated, considering national and international legislation. The practical value lies in the fact that the results of the study allow the prosecution to avoid mistakes during the collection of evidence in criminal proceedings. (shrink)

The purpose of the study is to explore techniques and methods of the cognition of legal phenomena, scientific analysis of children's rights as a legal phenomenon, identification of general patterns, and formalisation and generalisation of children's rights at the world and national levels. The methodological basis of the study was the use of a set of methods necessary for the implementation of the scientific goal and the fulfilment of the tasks set, in particular: analysis of the rights of the child (...) in international documents and legislation of Ukraine, the method of generalisation, hermeneutics regarding the interpretation and processing of texts of normative and doctrinal sources, and other philosophical, general scientific, and special methods. The scientific originality lies in the fact that the author has for the first time considered the rights of the child as legal phenomena that have specific features, depending on the subject, types, and age of the child. The methodological foundations of cognition of the rights of the child at each stage of its development are highlighted and the application of a number of the above methods is proposed. The scientific tools of cognition of children's rights are structured. The study of children's rights is a complex and multifaceted process of human thinking, which is necessary for improving legal mechanisms and protecting the rights of minors. Techniques and methods of cognition depend on the specifics of the legal phenomenon and the sphere of cognition. However, the scientific approaches, methods and principles of scientific research on children's rights considered in our study should be applied in a complex, preventing contradictions and refuting the results obtained by using various tools. All these methodological tools prove their value at every stage and in every segment of the study. Depending on the object of knowledge, the predominance of a certain methodological tool for implementing a specific research task is evident. Based on the conducted research, a number of generalisations are formulated, including the following: scientific cognition of children's rights is impossible without a well-chosen methodology; the methodology of scientific cognition of children's rights is a complex phenomenon that covers the structure and system of legal scientific knowledge of its theories and concepts. Methodological foundations of knowledge of children's rights form a multi-level system, which is developed by the principles of scientific cognition, dominant worldview, type of scientific thinking, philosophical foundations, scientific paradigms, methodological approaches, and scientific methods. (shrink)

This volume brings together diverse sets of standpoints on liberalism in an era of growing skepticism and distrust regarding liberal institutions. The essays in the volume: - Relate concerns for liberal institutions with classical themes in perfectionist politics, such as the priority of the common good in decision-making or the role of comprehensive doctrines. - Analyse how perfectionist intuitions about the political life affect our concepts of public reason or public justification. - Outline various moral duties we have toward other (...) persons that underlie the liberal institutions or notions of rights functioning across the contemporary political landscape. - Explore various aspects of pluralism from within influential religious or philosophical traditions, applying insights from those traditions to issues in contemporary politics. The comprehensive volume will be of great interest to scholars, students, and researchers of politics, especially those in political philosophy and political theory. (shrink)

En el presente artículo se abordarán los aportes realizados por Gramsci en la construcción de la figura del intelectual. Para ello, se caracterizarán los rasgos distintivos del determinismo histórico marxista, para luego enfocarnos en el pensamiento gramsciano. A partir de allí nos centraremos de manera expresa en los argumentos desplegados por Gramsci al procurarle una función activa a la figura del intelectual, en tanto intelectual colectivo que se va conformando encarnado en el partido revolucionario de la clase obrera. De esta (...) manera, plantearemos que esta disposición del intelectual colectivo se enlaza con los problemas de la vida social en la búsqueda de unificar teoría y praxis, y pretende crear así una nueva hegemonía, puesto que admite la indeterminabilidad de la historia según leyes. (shrink)

This article will address the considerations that must be examined in the design of public policies and government programs to achieve an intercultural approach to the health of the Pu Mapuce Zomo (Mapuce women). In this sense, the proposed objective is to formulate three essential aspects that serve as a basis to promote adequate frameworks for public health policies oriented towards an intercultural approach. For this, methodologically, from a qualitative approach, the ethical, gender(s) and epistemic aspects that must be considered (...) in the configuration of health programs that favor the health care of indigenous women will be investigated. With this purpose, it begins by delimiting the unavoidable ethical-normative and gender approach to highlight the basic needs of Mapuce women. This approach seeks to establish a parameter about the obligations that States have in relation to the development of human capabilities. Finally, three aspects will be presented that the State must replicate in its health proposals to guarantee the construction of an intercultural approach to health, appropriate to the basic needs of Mapuce women in Argentina. (shrink)

Kant is probably one of the most misunderstood philosophers in the history of Western thought. Some of the most well-known and pervasive objections to Kant’s practical philosophy often rest on considerable misunderstandings of his central theses or a poor and superficial reading of his work. A common misconception is that in Kant’s practical philosophy there is no place or role for human happiness. In Happiness in Kant’s Practical Philosophy: Morality, Indirect Duties, and Welfare Rights, Alice Pinheiro Walla dispels this misunderstanding (...) by elucidating Kant’s conception of happiness (understood in broadly hedonist terms) and showing that, for Kant, the pursuit of happiness plays an important role in our personal and collective lives. This means that, far from endorsing an ascetic ideal of the moral agent, as it is commonly thought, Kant’s system embraces an ideal of the human life in which there is significant space, and even a duty, to pursue pleasurable endeavours. Somehow surprisingly, in Pinheiro Walla’s reading, Kant’s ethics is arguably less demanding than standard interpretations of Aristotelian and Utilitarian ethical theories. (shrink)

Growing social inequalities represent a major concern associated with the Digital Revolution. The article tackles this issue by exploring how welfare regulations and redistribution policies can be rethought in the age of digital capitalism. It focuses on the history and enduring crisis of social citizenship rights in their connection with technological changes, in order to draw a comparison between the industrial and the digital scenario. The first section addresses the link between the Industrial Revolution and the genesis of social rights. (...) It describes the latter as a legal ‘machine’ designed to offset the imbalances produced by the technological movement of industrialization. The second and third sections introduce the notion of ‘industrial citizenship’ to describe the architecture of social rights in mature industrial societies and to contend that European systems of welfare are still largely modeled on an industrial standard. The fourth part investigates the impact of the Digital Revolution on this model of social citizenship. It identifies debates on basic income as a major trajectory for redesigning welfare regulations in a post-industrial era, and the digital user as a crucial emerging subject of rights. The final part explores how digital users could be entitled to social rights as data suppliers. To this end, it introduces the idea of ‘digital-social rights’ resulting from the incorporation of welfare and redistribution principles into emerging digital rights. Hence, it proposes a legal-political framework for the redistribution of the revenues generated by data in the form of a ‘digital basic income’ for citizens of cyberspace. (shrink)

This contribution discusses two aspects of Watson’s account of epistemic rights: namely, the nature of epistemic rights, and a particular form of epistemic rights violation that Watson calls the abuse of perceived epistemic authority. It is argued that Watson’s take on both aspects is unsatisfactory, and some suggestions for an alternative view are offered.

This article shows that associative freedom is not what we tend to think it is. Contrary to standard liberal thinking, it is neither a general moral permission to choose the society most acceptable to us nor a content-insensitive claim-right akin to the other personal freedoms with which it is usually lumped such as freedom of expression and freedom of religion. It is at most (i) a highly restricted moral permission to associate subject to constraints of consent, necessity and burdensomeness; (ii) (...) a conditional moral permission not to associate provided our associative contributions are not required; and (iii) a highly constrained, content sensitive moral claim-right that protects only those wrongful associations that honour other legitimate concerns such as consent, need, harm and respect. This article also shows that associative freedom is not as valuable as we tend to think it is. It is secondary to positive associative claim-rights that protect our fundamental social needs and are pre-conditions for any associative control worth the name. (shrink)

This essay discusses the ethical challenges and dilemmas in allocating scarce medical resources during the COVID-19 pandemic, using the German legislative process as a starting point. It is guided by the right to non-discrimination of people with disability and generally contrasts utilitarian and rights-based principles of allocation. Three approaches that were suggested in the German discussion, are presented, the lottery principle, the first come first served principle and the probability to survive principle. Arguments in favour and against each principle are (...) discussed. The focus is on the utilitarian probability to survive principle, which was adopted in German legislation in 2022, and its discriminatory potential against people with disability. The essay suggests ways to mitigate the concerns of discrimination related to the probability to survive principle. It concludes that resolving the triage dilemma requires a balanced approach between utilitarian and rights-based concerns, which promotes both maximising the number of patients surviving and the right not to be discriminated against and be treated equally. It calls for a further debate on how many ethical values such as equity, fairness and non-discrimination we are willing to sacrifice for a higher number of survivors and when we are willing to sacrifice survivors to secure ethical values. (shrink)

The article considers the influence of I. Kant’s ideas on the development of philosophical and bioethical discourse on animal rights. The doctrine of I. Kant, with its inherent anthropocentric attitude, is usually regarded as opposed to the spirit of the biocentric po­sition that has been characteristic of Anglo-Saxon utilitarianism since the time of I. Ben­tham. The Kantian approach is supposed to ignore the issue of animal rights. In the arti­cle, the author argues that the teachings of I. Kant had a (...) significant impact on the for­mation of the discourse on animal rights not only in the sense that animal rights activists perceived the ideas of I. Kant as arguments of their ideological opponent, which should be questioned, but also in the sense that they were accepted and developed in the 20th cen­tury as part of the biocentric discourse and were used to protect animal rights. (shrink)

Background Researchers must adhere to ethical and scientific standards in their research involving human subjects; therefore, their knowledge of human subjects’ rights is essential. A tool to measure the extent of this knowledge is necessary to ensure that studies with participants are conducted ethically and to enhance research integrity. Currently, no validated instrument is available for such an assessment. Therefore, the primary purpose of this study is to develop a reliable and valid instrument to assess researchers’ knowledge of human subjects’ (...) rights in clinical settings, as well as a reliable and valid measure of their attitudes toward clinical research ethics education in Saudi Arabia. Methods The current study involves the development of a questionnaire about the rights of human subjects in research and the researchers’ attitudes toward research ethics education. The content was developed based on an extensive review of research ethics guidelines. A panel of experts tested the questionnaire for face validity (n = 5) and content validity (n = 8). The reliability of the questionnaire was established by a split-half reliability coefficient and item analysis among a sample (n = 301) of clinical researchers. Results Face validity demonstrated that the questionnaire was quick to complete and easy to answer. The global content validity indices (S-CVIs) were greater than 0.78 for all questionnaire sections; the split-half reliability coefficient was 0.755 for knowledge items; Cronbach’s alpha was 0.77 for researchers’ attitudes, showing good internal consistency. The difficulty index ranged from 12.0% to 98.7% for all knowledge items. Most questions were at an acceptable level of reliability and discrimination criteria. The final version of the questionnaire contained 89 items, distributed as 15 questions on demographic and professional characteristics, 64 questions items on knowledge, and 10 items on attitudes. Conclusions The questionnaire is a valid and reliable tool to assess biomedical researchers’ knowledge of human subjects’ rights and their attitudes toward research ethics education. This instrument could help address the gap in researchers’ knowledge of the rights and facilitate the development of educational intervention programs to set appropriate learning objectives. (shrink)

The right to self-defense has played a major role in objections to gun regulation. Many contend that gun regulations threaten this right. While much philosophical discussion has focused on the relation between guns and this right, less attention has been paid to the argument for the right of self-defense itself. In this article, I examine this argument. Gun-rights defenders contend that the right of self-defense is needed to explain why interferences in self-defense are wrong. I propose an alternative explanation for (...) such wrongs, one which does not posit the existence of a self-defense right, and then show how it undermines their claim that there exists a strong presumption against gun regulation. I conclude by articulating the implications of this alternative explanatory account for other rights. (shrink)

ABSTRACT This exploratory study assessed links among children’s moral concern and their ideas about the rights and protection of companion, farm, wild animals and ecosystems. Sixty-one children responded to three interview questions that were coded as either anthropocentric or biocentric in orientation. Results revealed unique links among children’s moral concern and their ideas about the rights and protection of different types of animals and ecosystems. Biocentric moral concern was associated with two protection strategies: 1) advocacy to protect companion animals and (...) ecosystems, and 2) the need for peer support to help protect wild animals. Overall, results revealed the nuanced diversity of children’s moral concern and ideas about the rights and protection of all types of animals and ecosystems. Implications for moral education programs include a balanced approach to foster compassion, environmental awareness, and social justice among youth. (shrink)

This paper offers an alternate explanation of cases from the doxastic wronging literature. These cases violate what I call the degree of inquiry right—a novel account of zetetic obligations to inquire when interests are at stake. The degree of inquiry right is a moral right against other epistemic agents to inquire to a certain threshold when a belief undermines one’s interests. Thus, the agents are sometimes obligated to leave inquiry open. I argue that we have relevant interests in reputation, relationships, (...) and the well-being of our social groups. These interests generate obligations against others to “do their homework” before closing inquiry. This alternate account makes better sense of puzzles that accounts of doxastic wronging fall prey to. (shrink)

Journal of Political Philosophy, EarlyView.

Recently, some scholars have sought to cast Marx and other socialists as participants in the republican tradition, expanding ideas such as non-domination and self-rule beyond what they had been typically conceived of as by many of the instigators of the revival of republican thought in recent decades. The ramifications of such an expansion, however, have not yet been fully grappled with in the area of rights. This article aims to remedy this by building a theory of social republican rights by (...) drawing on both prongs of this framework. I argue that (1) rights ought to function primarily as instruments to overcome domination and that Marxist and socialist analysis identifies novel forms of domination missed by other republicans, (2) certain liberal rights are themselves vectors of domination, (3) rights are realised through active will formation in politics and the public sphere rather than being pre-political claims against these things, (4) rights should be based on a social ontology that is relational rather than individualist and (5) rights are powers that are struggled for and operate as zones of contestation rather than trans-historical principles. (shrink)

This research explores the transformative role of the Global South in innovative jurisprudence concerning (cultural) collective rights, transcending its conventional perception as a mere recipient of legal norms. Focusing on the Inter-American Court of Human Rights (IACtHR), the study investigates the impact of landmark cases worldwide and their potential challenges to the (neo)liberal capitalist system. Through an analysis and categorization of judgments, the research reveals that although the IACtHR has recognized collective rights through innovative interpretations, it falls short of posing (...) a significant challenge to private property and capitalism. Additionally, it emphasizes the need for a collective and concrete vision of rights to achieve meaningful transformation. The study also finds a potential alliance among peripheral regions to foster innovative jurisprudence through court dialogue, which may lead to a more substantial transformational role in safeguarding collective rights. (shrink)

In this paper I argue that when states commit, assist, or culpably fail to prevent crimes against humanity against their own people, they should, subsequently, have primacy in prosecuting those crimes. They have a presumptive right (and duty) to punish perpetrators, and so a claim against third parties not to do so. In contrast to those who emphasise the importance of national sovereignty, I set out a victim-centred justification for this claim. I argue that victims of crimes against humanity, and (...) members of groups that have been targeted for these crimes, have a special interest in having their status as members of their political community re-affirmed. Punishment by their state of war-related crimes against them has the expressive function of re-affirming their status as equal members of their national community, and the state’s commitment to protecting their rights. I set out some reasons to think that this is valuable for victims and members of targeted groups. These interests, I argue, are weighty enough to ground the primacy of states in prosecution. (shrink)

Respect for autonomy, instantiated in the doctrine of informed consent, is widely recognized as a cornerstone of Anglo-Saxon legal philosophy and principle-based healthcare ethics (Morin 1998). It...

This reflection ponders my experience as a law student, engaging in a service learning project for my immigration law course. My professor’s description of this client’s case446 indicated that his communication barriers were psychologically based. Prior to law school, I worked as a clinical social worker in New York City, so I hoped my prior experience and education in working with individuals who struggle with psychological difficulties could apply to assisting Francis in articulating a fear of deportation to Iraq in (...) a way that an immigration official could understand that he had a credible fear. Throughout this process, I learned of the darker processes in the United States whereby immigration officials have the discretion to identify folks with communication difficulties, decide whether they have credibility, and ultimately assign value to the life of that individual based on the official’s subjective assessment of who deserves protection from persecution and who does not. (shrink)

In the past decade, Ethiopia has demonstrated a strong ideological convention to the East-Asian model of ‘developmental state’, which stands for state-led industrialisation as its underlying industrial policy premise. Nevertheless, the labour rights externalities of this industrial policymaking have been overlooked in the existing academic and practical policy debates. Hence, using qualitative empirical data, the article attempts to address the research gap by analysing why and how Ethiopia’s state-led industrialisation and the corporate behaviours of apparel-exporting firms, as well as their (...) respective global brand buyers, have contributed to the existing poverty wages and repressive practices against the associational rights of local industrial workers at those selected apparel-exporting industrial parks of the country. The maxim of industrialisation with a human face has increasingly become a promising alternative to the neoclassical intellectual view of labour relations following its fundamentals towards achieving a more sustainable industrial development in a given state. In light of this human right imperative, the finding revealed Ethiopia’s stateled industrialisation has firmly embraced strong business-state alliances, thereby curbing the power of local industrial workers. The Ethiopian government employs diverse de facto or de jure labour control mechanisms across those selected apparel-exporting industrial parks of the country. This is manifested through poverty wages and repressive measures todeny the associational rights of workers. Further, the flawed Corporate Social Responsibility (CSR) of employing firms and their respective global brands have contributed to the ongoing labour abuses across those selected apparel-exporting firms. Hence, Ethiopia’s industrial policy is expected to navigate a reasonable balance between facilitating industrial catch-up and ensuring labour standards for more viable and sustainable labour relations. (shrink)

I survey several counterexamples (by Raz and MacCormick) to Hohfeld's conjecture that a claim-right is correlative to a directed duty and (by Cornell and Frick) to Bentham's suggestion that a claim-right is correlative to a wronging. We can vindicate these claims of correlativity if we acknowledge that entitlements like claim-rights and directed duties admit of degrees of abstraction: that they may be general rather than specific, unspecified rather than specified, or indefinite rather than definite. I provide an error theory consisting (...) in linguistic and practical reasons for why we articulate normative incidents in ways that threaten correlativity. And I deny that abstraction imposes a heavy metaphysical cost on rights theory, though I leave open whether abstraction excludes certain explanatory accounts of rights such as the interest theory or will theory. (shrink)

How should we think about public rioting for political ends? Might it ever be more than morally excusable behavior? In this essay, I show how political rioting can sometimes be positively morally justified as an intermediate defensive harm between civilly disobedient protest and political revolution. I do so by reading political rioters as, at the same time, uncivil and ultimately conciliatory with their state. Unlike civilly disobedient protestors, political rioters express a lack of faith in the value or applicability of (...) civility itself in interacting with the state under the political status quo. But unlike political revolutionaries who aim at separation from the state, political rioters paradigmatically seek fuller inclusion within it. By rejecting even the appearance of compliance with the political status quo’s systems of justice, political rioters can create a unique venue for systemically marginalized citizens to express warranted disrespect for the state that maintains them in ongoing subjection, as well as their inviolable respect for themselves as persons with dignity beyond the boundaries of civility. (shrink)

BACKGROUND: There is a growing interest in aggregating more biomedical and patient data into large health data sets for research and public benefits. However, collecting and processing patient data raises new ethical issues regarding patient's rights, social justice and trust in public institutions. The aim of this empirical study is to gain an in-depth understanding of the awareness of possible ethical risks and corresponding obligations among those who are involved in projects using patient data, i.e. healthcare professionals, regulators and policy (...) makers. METHODS: We used a qualitative design to examine Swiss healthcare stakeholders' experiences and perceptions of ethical challenges with regard to patient data in real-life settings where clinical registries are sponsored, created and/or used. A semi-structured interview was carried out with 22 participants (11 physicians, 7 policy-makers, 4 ethical committee members) between July 2014 and January 2015. The interviews were audio-recorded, transcribed, coded and analysed using a thematic method derived from Grounded Theory. RESULTS: All interviewees were concerned as a matter of priority with the needs of legal and operating norms for the collection and use of data, whereas less interest was shown in issues regarding patient agency, the need for reciprocity, and shared governance in the management and use of clinical registries' patient data. This observed asymmetry highlights a possible tension between public and research interests on the one hand, and the recognition of patients' rights and citizens' involvement on the other. CONCLUSIONS: The advocation of further health-related data sharing on the grounds of research and public interest, without due regard for the perspective of patients and donors, could run the risk of fostering distrust towards healthcare data collections. Ultimately, this could diminish the expected social benefits. However, rather than setting patient rights against public interest, new ethical approaches could strengthen both concurrently. On a normative level, this study thus provides material from which to develop further ethical reflection towards a more cooperative approach involving patients and citizens in the governance of their health-related big data. (shrink)

States are in the process of creating controversial legislation aimed at subjecting ‘harmful’ online communication on social media and search engines to new regulatory regimes. Critics argue that these measures are serious threats to the right to freedom of expression and freedom from surveillance. This article first draws on elements of systems theory to reframe the right to freedom of expression in democracy as a means of protecting the value of generalised second-order observation. Taking the UK’s Online Safety bill as (...) the paradigm example of the new laws, the article analyses the concept of harmful communication at three levels: society, organisation, and subject. It identifies a shift in the law’s epistemic approach to communication, by which individuals are reconfigured from agential subjects into contingent users, whose capacities are determined by the structure of online communication platforms. In this configuration, norms previously considered indispensible are relegated to second-order effects of the affordances of media. Arguing that it is insufficient to merely reaffirm subjective rights in light of this shift, the article suggests systems theoretical analysis as a means of identifying lines of critique. (shrink)

Martha Minow’s concept of dilemmas of difference, widely influential in feminist philosophy of law, exposes how hidden patriarchal norms are reified in legal institutions and harmfully categorize oppressed groups. Though Minow primarily focuses on how such dilemmas impact interpersonal relationships, I argue that her work can be applied to the relationship between nonhuman animals, human beings, and our legal institutions. Just as certain patriarchal norms establish categories that mask the true roots of difference and thus make it more difficult for (...) non-dominant groups to obtain justice, so too do implicit anthropocentric norms mark out nonhuman animals as different from human beings and similarly disadvantage them in the eyes of the law. As such, I utilize the conceptual frameworks of ecofeminist philosophy to expose the presently concealed anthropocentrism that undermines just legal standing for nonhuman animals. In doing so, I make a strong claim for reforming our legal institutions in order to resolve the unique dilemma of difference which nonhuman animals face. (shrink)

In 1970, Stewart advocated disenfranchising everyone reaching retirement age or age 70, whichever was earlier. The question of whether senior citizens should be disenfranchised has recently come to the fore due to votes on issues such as Brexit and climate change. Indeed, there is a growing literature which argues that we should increase the voting power of non-senior citizens relative to senior citizens, for reasons having to do with intergenerational justice. Thus, it seems that there are reasons of justice to (...) disenfranchise senior citizens, or at least to grant them a lower voting weight than non-senior citizens. In this paper, we investigate whether there are democratic reasons to do so. To answer this question, we turn to the boundary problem in democratic theory, i.e., the question of who should be included in democratic decision-making. Two prominent solutions, and a more recent one, are particularly relevant: the all-affected principle, the all-subjected principle, and the relational egalitarian principle. When it comes to the all-affected principle and the all-subjected principle, we argue that there is reason to grant most senior citizens a lower voting weight than most non-senior citizens in most decisions. Whether that is the case on the relational egalitarian principle depends on how people relate to each other in society. Indeed, it is sometimes in accordance with the relational egalitarian view to grant senior citizens a greater voting weight than non-senior citizens. (shrink)

This paper develops a new theory of the morality of promissory obligations. T. M. Scanlon notoriously argued that promising consists in assuring the promisee that we will do something. I disagree. I argue that it is true that promising consists in assuring the promisee, but what the promisor gives to the promisee is not an assurance that they will do something, but that the normative situation is in a certain way.

The rise of neurotechnologies, especially in combination with artificial intelligence (AI)-based methods for brain data analytics, has given rise to concerns around the protection of mental privacy, mental integrity and cognitive liberty – often framed as “neurorights” in ethical, legal, and policy discussions. Several states are now looking at including neurorights into their constitutional legal frameworks, and international institutions and organizations, such as UNESCO and the Council of Europe, are taking an active interest in developing international policy and governance guidelines (...) on this issue. However, in many discussions of neurorights the philosophical assumptions, ethical frames of reference and legal interpretation are either not made explicit or conflict with each other. The aim of this multidisciplinary work is to provide conceptual, ethical, and legal foundations that allow for facilitating a common minimalist conceptual understanding of mental privacy, mental integrity, and cognitive liberty to facilitate scholarly, legal, and policy discussions. (shrink)

Background:Since the adoption of the Universal Declaration of Human Rights by the United Nations in 1948, human rights as set out in government documents have gradually changed, with more and more power being transferred to individual.Objectives:The aim of this article is to analyze how the position of the patient in need of care is constructed in Norway’s renamed and revised Patients’ and Service Users’ Rights Act (originally Patients’ Rights Act, 1999) and published comments which accompanying this legislation from the Norwegian (...) Ministry of Health and Care Service.Research design:A constructivist design was used, and Fairclough’s critical discourse approach was adopted to analyze the text of the Patients’ and Service Users’ Rights Act and comments.Findings:The analysis identified three discourses: (a) political discourse, containing ethical discourses about priority and economy, in which patients are constructed as powerless individuals; (b) expert discourse, containing a theme about patients’ trust in the healthcare team and its knowledge, in which patients are constructed as helpless individuals lacking knowledge; and (c) patient participation and patient autonomy discourse, containing ethical discourses about decision-making, in which patients are constructed not only as individuals with needs and rights but also as “troublesome.”Conclusion:Dominant paternalistic discourses in the legal text validate the power of medicine, the healthcare system, and heath personnel over the needs, rights, participation, and autonomy of the patient. (shrink)

The paper explores the logical structure of Rawlsian justice principles in order to see whether their justificatory or explanatory conditions are unproblematic. To facilitate this purpose, drawing on readers of Rawls, the author shows that the Aristotelian principle is used to explain the principles of rational choice, particularly the principle of inclusiveness. Then, on the basis of the Aristotelian principle, Rawls justifies his conclusion, via the principles of rational choice and the theory of primary goods. After figuring out the logical (...) structure of justice as fairness, the author deals with the central objective of the paper, where he exposes some problems suffered by the motivational basis of the principles of justice. The foundation on which Rawls grounds his principles of justice is problematic, and consequently, they remain as matters of contention as of today. (shrink)

In recent years the ways in which humans treat animals has come to hold a central place in contemporary ethics, encapsulating, as it does, our increasingly strained relationship with our environment as well as overlapping with other global issues such as overpopulation and hunger. Animal Rights: All That Matters is a compelling account of some of the often bitterly contentious debates surrounding animal ethics. Starting from the key argument that - ethically speaking - there is far less difference between humans (...) and animals than has conventionally been allowed, Mark Rowlands goes on to explore and illuminate a host of contemporary issues - from farming and animal experimentation to hunting and the preservation of endangered species. This accessible and readable book will appeal to both students and general readers, giving a fascinating introduction to animal rights - and what matters most about them -- P. 4 of cover. (shrink)

Since at least the advent of Jack Kevorkian’s “suicide machine” the major argument against adopting physician-assisted suicide laws has been that they will lead us down a slippery slope to state-sa...