New challenges for law

Resumen del libro

On the 3rd June 2016 and 22nd June 2018 two seminars organized by RCC Study Group ?Studies on Life and Human Dignity? were held at Harvard Law School (Cambridge, Massachusetts). Both seminars gathered well-renowned professors from diff erent fi elds of science from European and American universities. The aim was to study and analyze the concept of human dignity in life and at the time of death, and some of its manifestations and potential threats in today?s world. In the last decades, a spectacular development in the diverse fi elds of science, economy, and trade and communications has taken place in society. These advances in human progress, as laudable as they may be, sometimes do not eff ectively correspond to parallel recognition of every man and woman?s human dignity. In fact, in many cases, this progress results in a series of contradictions and possible dangers and challenges. This book brings together a selection of papers presented at those seminars regarding the big issue of human dignity and law.

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Índice

Prologue. Frontiers of dignity. An introduction

Introduction

Dignity: A philosophical approachexploration. Francesc Torralba

I. INTRODUCTION

II. POLYSEMY OF DIGNITY

III. BRIEF BEGRIFFSGESCHICHTE OF DIGNITY

IV. MAIN FORMS OF DIGNITY. Human Dignity and Two Ways of its Understanding. Aleksander Stpkowski

I. INTRODUCTION

II. RATIONALITY AS IT USED TO BE UNDERSTOOD

III. RATIONALITY MODERNISED

IV. TWO PARADIGMS CONFRONTED

V. CONSEQUENCES

VI. CONCLUSION

Legal personality and human dignity. Juan Antonio Martínez Muñoz

I. MEANINGS OF THE NOTION

1. The utilitarian meaning

2. The human dignity as political condition

3. Human dignity as a cultural meaning

4. The personal meaning of dignity

II. SOME LEGAL EXAMPLES

III. PERSONALITY AND TECHNOLOGY

At the 70th Anniversary of the Universal Declaration of Human Rights of United Nations: Fostering the protection of the fundamental freedoms based on human dignity. Liviu Olteanu

I. INTRODUCTION

II. CHALLENGES AND RISKS ON THE 70th ANNIVERSARY OF THE UN UNIVERSAL DECLARATION OF HUMAN RIGHTS

III. HUMAN DIGNITY IN THE XX AND XXI CENTURIES vs. LEGISLATION. CASE STUDY: ROMANIA

IV. FOSTERING FUNDAMENTAL FREEDOMS: WHY AND HOW

V. THE PATTERN OF THE “DIALOGUE FIVE” ACTORS AS A SUPPORT TO FIND AGREEMENT ON ALL CONCERNED CONTEMPORARY DEBATES

VI. CONCLUSION

Debating disability and human dignity: Foundations of a human right to “Universal Accessibility”. María Teresa García-Berrio H.

I. INTRODUCTION

II. NO ONE CAN FULLY ENJOY A RIGHT IF THEY CANNOT HAVE ACCESS TO…

III. WE ARE ALL PERSONS WITH DISABILITIES: THE INDIVIDUAL MODEL OF DISABILITY VS. THE SOCIAL MODEL OF DISABILITY

IV. NIHIL DE NOBIS, SINE NOBIS: THE HUMAN RIGHTS MODEL OF DISABILITY

V. UNIVERSAL ACCESIBILITY: PROMOTING A “GOOD LIFE” FOR THE “HIGHEST NUMBER” OF PEOPLE

Data privacy and human dignity a legal approach in an interconnected world. María-Luisa Gómez Jiménez

I. INTRODUCTION

Part I: THE CONCEPT

II. DIGNITY IN THE INTERNATIONAL LEGAL BODIES AND WITHIN THE GLOBAL ADMINISTRATIVE LAW

III. CASE BY CASE: KEY ELEMENTS TO DIFFERENTIATE DIGNITY FROM OTHER SIMILAR CONCEPTS: AN ESSAY

Part II: DATA PRIVACY AND HUMAN DIGNITY: THINKING AHEAD

IV. THE PROTECTION OF DATA PRIVACY: NAVIGATING IN TROUBLED WATERS

V. DATA PRIVACY: THE RULE OF LAW AND THE RESPECT TO INTIMACY IN THE INTERFACE CITY

VI. GOING SMART ABOUT DIGNITY: NUDGING TOWARDS THE CONCEPT OF HUMAN DIGNITY?

VII. FINAL REMARKS: THE DE-CONSTRUCTION OF HUMAN DIGNITY IN AN INTERCONNECTED WORLD

Conscientious objection and anti-bioethics: An analysis from the perspective of the Spanish constitutional court. José-Miguel Serrano Ruiz-Calderón

I. CONSCIENTIOUS OBJECTION AND ANTI-BIOETHICS: AN ANALYSIS FROM THE PERSPECTIVE OF THE SPANISH CONSTITUTIONAL COURT

Forever young? Ethics and policies on increasing human lifespan. Vicente Bellver Capella

I. CONTEXT: THE SEARCH FOR IMMORTALITY BETWEEN HEALTHY AGING AND THE POST-HUMANIST MOVEMENT

II. REASONS: WHY WE SHOULD REJECT THE IMMORTAL LIFE PROJECT

III. POLICIES: WHAT TO DO IN THE FACE OF EXTRA LONGEVITY PROJECTS FOR HUMAN LIFE

IV. CONCLUSION

Back on four years of societal debates in France, about end-of-life issues concluded by the law of february the second, two thousand sixteen (2016). Didier Sicard MD

I. Back on four years of societal debates in France

Euthanasia, Law, Religion, Culture: Observations from a Pioneering Country. Theo A. Boer

I. INTRODUCTION

II. THE 2001 EUTHANASIA ACT AND ITS HISTORY

III. RELIGION AND EUTHANASIA

IV. DEVELOPMENTS SINCE 2001

V. REFLECTIONS ON LAW AND PRACTICE

A critical review of the case-law of the European Court of Human Rights on the right to die with dignity. Santiago Cañamares Arribas

I. INTRODUCTION

II. DETERMINING THE LEGAL FRAMEWORK OF THE “RIGHT TO DIE WITH DIGNITY” IN THE EUROPEAN CONVENTION OF HUMAN RIGHTS

III. PRIVATE LIFE, EUTHANASIA AND PHYSICIAN ASSISTED SUICIDE

IV. RIGHT TO LIFE, DIGNITY AND THERAPEUTIC OBSTINACY

1. Patients in a persistent vegetative state

2. Minors and therapeutic obstinacy

V. CONCLUSIONS

Completed lives and the accumulation of age-related complaints. A new trend in Dutch euthanasia practice? Martin Buijsen

I. INTRODUCTION

II. EUTHANASIA IN THE NETHERLANDS

1. Schoonheim (1985)

2. Chabot (1994)

3. Euthanasia Act (2002)

4. Brongersma (2002)

III. DEVELOPMENTS OUTSIDE DUTCH EUTHANASIA PRACTICE

1. Completed Life citizens’ initiative (2010)

2. Schnabel Committee (2016)

3. Heringa (2018)

4. Coöperatie Laatste Wil (2018)

IV. DEVELOPMENTS IN DUTCH EUTHANASIA PRACTICE

1. “Suffering from life” (2010)

2. Accumulation of age-related complaints and dimensions of suffering (2011)

3. Code of Practice (2015)

4. Numbers

V. COMMUNICATING VESSELS

Death penalty in adversarial and inquisitorial legal tradition: The crime of witchcraft. María-Jesús Torquemada Sánchez

I. FOREWORD: THE STARTING POINT

II. THE DICHOTOMY: ADVERSARIAL AND INQUISITORIAL SYSTEMS. THE REASONS FOR PREFERRING THE ADVERSARIAL SYSTEM AND THE RESULTS

III. THE REASONS FOR PREFERRING THE ADVERSARIAL SYSTEM

IV. THE RESULTS

V. THE EXECUTION OF DEATH PENALTY IN WESTERN TRADITION: DIGNITY AND PUBLIC SHAME TAKING THE EXAMPLE OF THE CRIME OF WITCHCRAFT

VI. CONCLUSIONS

Towards a new model of capital punishment in western countries in the nineteenth century. José-María Puyol Montero

I. INTRODUCTION

II. WHEN THE DEATH PENALTIES WERE EXECUTED IN PUBLIC

III. A MODEL OF THE DEATH PENALTY IN CRISIS?

IV. A NEW MODEL OF CAPITAL PUNISHMENT IN THE NINETEENTH CENTURY: HUMANIZATION, VISIBILITY RESTRICTIONS AND NEW FORMS OF PUBLICITY

V. EXECUTIONS WITHIN PRISON WALLS: “PRIVATE EXECUTIONS”

Abstracts/Resúmenes

Annex/Anexo