Suchergebnisse

Human experimentation at the intersections of biolaw and international criminal law : the case of unethical clinical trials in developing countries / Stefania Negri -- Are non-consensual medical interventions and therapies to change sexual orientation or gender identity a crime against humanity of persecution against the LGBTIQ population under the ICC statute? / Héctor Olasolo, Nicolás Eduardo Buitrago-Rey and Vanessa Bonilla-Tovar -- The case for decoupling unlawful experiments from the armed conflict nexus / Edwin Bikundo -- CRISPR / case technology : ending disease, designer babies, eternal youth, and 'crimes against the species' / Inez Braber -- Transplant tourism prohibition under transnational criminal law : a look at the human trafficking model / Terry Adido -- Systemic deprivation of access to essential medicine and medical care - a crime against humanity? / Sunčana Roksandić Vidlička -- Biolaw stakes, activist jurisprudence, and (presumed) limits for protected interests / Bronik Matwijkiw and Anja Matwijkiw -- Marketing body parts : morality, law, and public opinion / Michael Davis -- Bioethics, complementarity, and corporate criminal liability / Ryan Long -- Aspirational justice : achieving equity for children using the convention on the rights of the child and the international criminal court's policy on children / Susan E. Zinner -- Child soldiers, executive functions, and culpability / Tyler K. Fagan, William Hirstein and Katrina Sifferd -- Principles of bioethics and international criminal law in the light of philosophy of Islamic jurisprudence / Mehdi Zakerian and Farid Azadbakht -- From the martens clause to consent to human experimentations, the legal journey of the judges during the Nuremberg doctors' trial / Xavier Aurey -- Scope and limits of psychiatric evidence in international criminal law / Dragana Spencer -- Medical evidence at the International Criminal Court - dosage and contraindications / Caroline Fournet.

The Birth of Biolaw: From American Bioethics to European Biolaw -- Traditional Conceptions of Biolaw -- Principles of European Biolaw -- Reformulation and Juridification of Biolaw's Principles: A Possible New Framework -- A New Conception of Biolaw -- Biolaw and the Biosciences -- Technology, Nature, Animals and Biolaw.

Human dignity has been a core notion in many regimes of international law, such as human rights and international humanitarian law. Respect for human dignity derives from the fundamental right to life. The right to life, considered as a peremptory rule of international law, provides human dignity with a more sophisticated status in legal terms. In other words, human dignity is no more a term with moral and ethical connotations but stemming from the right to life, it attains a legal and political dimension, evolving into a principle to be respected and protected. The present paper is divided in two parts: the first part examines human dignity in international biolaw and in the second it is traced in the right to water. Specifically, it is argued that in the regime of international biolaw, human dignity constitutes a core concept and it comes into focus primarily as an integral qualitative element; in the right to water, the international community has recognized that respect, protect and fulfill the individuals' right to water equals to respect for human dignity. Human dignity is reaffirmed in the UNESCO Universal Declaration on Bioethics and Human Rights, being a core element of any bioethical debate, as well as in General Comment No. 15, according to which adequacy, availability, accessibility and quality of wáter include human dignity as a sine qua non component. However, since respect for human dignity is not yet a principle or obligation but a mere appeal for the establishment of concrete regulatory frameworks for biolaw and the right to water, it should be combined with the erga omnes obligation for the protection of the right to life, in order to solve practical and theoretical dilemmas on a global and national level.

Intro -- Foreword -- References -- Acknowledgements -- Contents -- Editors and Contributors -- Introduction -- Foundations of Biolaw -- A Defense of Universal Principles in Biomedical Ethics -- 1 Introduction -- 2 Principlism as a Theory About Universal Moral Principles -- 3 Common Morality as the Source of Universal Principles -- 4 The Framework of Universal Principles -- 4.1 Respect for Autonomy -- 4.2 Nonmaleficence -- 4.3 Beneficence -- 4.4 Justice -- 5 Do European Bioethics and Biolaw Need a Different Framework of Principles? -- 6 Does Eastern Ethics Rest on Different Cultural Principles? -- 7 Correlativity as the Connection Between Universal Principles and Human Rights -- 8 Specifying Universal Principles to Render Them Practical -- 9 Specification in Action: Research Ethics and the Idea of Overlapping Consensus -- 10 The Justification of Specifications Using the Method of Reflective Equilibrium -- 11 Conclusion -- References -- The Idea of European Biolaw: Basic Principles -- 1 Biolaw in Our Time -- 2 The New Scope of Ethics -- 3 Ethical Guidelines for Biotechnology -- 4 From Ethical Visions to Moral Norms -- 4.1 The Narrative Vision -- 4.2 The Ethical Idea -- 4.3 The Basic Ethical Principles -- 4.4 The Moral Norms -- 5 The Dialectics of the Four Principles -- 5.1 Autonomy -- 5.2 Dignity -- 5.3 Integrity -- 5.4 Vulnerability -- 6 Conclusion -- References -- Four Ethical Principles in European Bioethics and Biolaw: Autonomy, Dignity, Integrity and Vulnerability -- 1 Introduction -- 2 Protection of Human Beings -- 3 The Definitions of Basic Ethical Principles -- 4 Foundations and Criticisms of the Basic Ethical Principles -- References -- Towards a New Conception of Biolaw -- 1 Introduction -- 2 The Insufficiencies of the Current Conception of Biolaw -- 3 The Need for Biolaw -- 4 Sources of Biolaw -- 4.1 Origin of Sources.

Human dignity has been a core notion in many regimes of international law, such as human rights and international humanitarian law. Respect for human dignity derives from the fundamental right to life. The right to life, considered as a peremptory rule of international law, provides human dignity with a more sophisticated status in legal terms. In other words, human dignity is no more a term with moral and ethical connotations but stemming from the right to life, it attains a legal and political dimension, evolving into a principle to be respected and protected. The present paper is divided in two parts: the first part examines human dignity in international biolaw and in the second it is traced in the right to water. Specifically, it is argued that in the regime of international biolaw, human dignity constitutes a core concept and it comes into focus primarily as an integral qualitative element; in the right to water, the international community has recognized that respect, protect and fulfill the individuals' right to water equals to respect for human dignity. Human dignity is reaffirmed in the UNESCO Universal Declaration on Bioethics and Human Rights, being a core element of any bioethical debate, as well as in General Comment No. 15, according to which adequacy, availability, accessibility and quality of water include human dignity as a sine qua non component. However, since respect for human dignity is not yet a principle or obligation but a mere appeal for the establishment of concrete regulatory frameworks for biolaw and the right to water, it should be combined with the erga omnes obligation for the protection of the right to life, in order to solve practical and theoretical dilemmas on a global and national level. ; Human dignity has been a core notion in many regimes of international law, such as human rights and international humanitarian law. Respect for human dignity derives from the fundamental right to life. The right to life, considered as a peremptory rule of international law, provides human dignity with a more sophisticated status in legal terms. In other words, human dignity is no more a term with moral and ethical connotations but stemming from the right to life, it attains a legal and political dimension, evolving into a principle to be respected and protected. The present paper is divided in two parts: the first part examines human dignity in international biolaw and in the second it is traced in the right to water. Specifically, it is argued that in the regime of international biolaw, human dignity constitutes a core concept and it comes into focus primarily as an integral qualitative element; in the right to water, the international community has recognized that respect, protect and fulfill the individuals' right to water equals to respect for human dignity. Human dignity is reaffirmed in the UNESCO Universal Declaration on Bioethics and Human Rights, being a core element of any bioethical debate, as well as in General Comment No. 15, according to which adequacy, availability, accessibility and quality of water include human dignity as a sine qua non component. However, since respect for human dignity is not yet a principle or obligation but a mere appeal for the establishment of concrete regulatory frameworks for biolaw and the right to water, it should be combined with the erga omnes obligation for the protection of the right to life, in order to solve practical and theoretical dilemmas on a global and national level.

"This book offers an accurate and updated approach to the main contributions of cosmopolitan biolaw in relation to sustainability, global governance, organizational health care economics and COVID-19. Bringing together different robust and dense biojuridical epistemologies to analyze key bioethical problems as well as the health care, management, economics and sustainability issues of our time, it constitutes a paradigmatic text in its field. In addition to exploring different epistemologies and jurisdictional scopes of biolaw, including the relationships between this new field and the challenges which have arisen in the current globalized and technologized world, the book addresses controversial issues straight from today's headlines: for example, the basics for health care, finance and organizational economics, global biojuridical principles for governance, globalization, bioscientific empowerment, global and existential risk and sustainability challenges for a post-pandemic world. The book encourages readers to think impartially in order to know and understand the bioethical and biojuridical dilemmas that stem from current economics and sustainability issues. Accordingly, it will be a valuable resource for courses in the fields of biolaw, law, bioethics, global sustainability, organizational health care economics, and global governance at different professional levels."

RESUMEN. Introduce el presente número el artículo del profesor español Ángel Pelayo González-Torre, Bioética, bioderecho y biopolítica. Una aproximación desde España, en el cual nos expone la evolución no solo terminológica sino conceptual en la manera de entender la forma en que han de ser tratadas la salud y la vida de las personas. Este tránsito de la ética médica a la bioética, de esta al bioderecho y posteriormente a la biopolítica evidencia un proceso que comenzó en el momento en que la actividad sanitaria sale del control de los profesionales de la salud y se convierten en objeto interdisciplinar autónomo para ocupar luego el debate social y con él la necesidad de ejercer un control sobre las actividades sanitarias e investigadoras, etapa en la que va a ser el derecho el llamado a pronunciarse sobre lo que se puede o no hacer, quedando finalmente en los representantes políticos la potestad de legislar y establecer cómo resolver los ya urgentes y trascendentes dilemas bioéticos, institucionalizando, de paso, un nuevo modelo de relación médico-paciente basada en los derechos de este último. El anterior marco conceptual es referido a la situación de España, ocupándose de algunas de las normas más importantes vigentes en materia de bioética. ; ABSTRACT. Enter this number the Spanish article by Professor Angel Pelayo González-Torre, bioethics, and biopolitics biolaw. An approach from Spain, where we show the evolution not only in terminology but conceptual understanding of how they should be treated the health and lives of people. This transit of medical ethics to bioethics, this biolaw and subsequently to biopolitics evidence a process that began in the time of health activity leaves the control of health professionals and become autonomous interdisciplinary object to occupy then social debate and with it the need to exercise control over health and research activities, stage in which the right will be called upon to decide on what can and can not do, finally being elected representatives in the power to legislate and establish how to solve urgent and important and bioethical dilemmas, institutionalizing, incidentally, a new model of patient-physician relationship based on the rights of the latter. The above framework is referred to the situation in Spain, dealing with some of the most important rules in force in the field of bioethics. ; Este artículo ha sido realizado en el marco del PROYECTO CONSOLIDER HURI-AGE "EL TIEMPO DE LOS DERECHOS". El proyecto es financiado por esta misma organización.

"'Human dignity' has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term--like love, hope, and justice--that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law"--Publisher.