Human Dignity Of The Vulnerable In The Age Of Rights
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Human Dignity Of The Vulnerable In The Age Of Rights
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Author : Aniceto Masferrer
language : en
Publisher: Springer
Release Date : 2016-08-26
Human Dignity Of The Vulnerable In The Age Of Rights written by Aniceto Masferrer and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-26 with Law categories.
This volume is devoted to exploring a subject which, on the surface, might appear to be just a trending topic. In fact, it is much more than a trend. It relates to an ancient, permanent issue which directly connects with people’s life and basic needs: the recognition and protection of individuals’ dignity, in particular the inherent worthiness of the most vulnerable human beings. The content of this book is described well enough by its title: ‘Human Dignity of the Vulnerable in the Age of Rights’. Certainly, we do not claim that only the human dignity of vulnerable people should be recognized and protected. We rather argue that, since vulnerability is part of the human condition, human vulnerability is not at odds with human dignity. To put it simply, human dignity is compatible with vulnerability. A concept of human dignity which discards or denies the dignity of the vulnerable and weak is at odds with the real human condition. Even those individuals who might seem more skilled and talented are fragile, vulnerable and limited. We need to realize that human condition is not limitless. It is crucial to re-discover a sense of moderation regarding ourselves, a sense of reality concerning our own nature. Some lines of thought take the opposite view. It is sometimes argued that humankind is – or is called to be – powerful, and that the time will come when there will be no vulnerability, no fragility, no limits at all. Human beings will become like God (or what believers might think God to be). This perspective rejects human vulnerability as in intrinsic evil. Those who are frail or weak, who are not autonomous or not able to care for themselves, do not possess dignity. In this volume it is claimed that vulnerability is an inherent part of human condition, and because human dignity belongs to all individuals, laws are called to recognize and protect the rights of all of them, particularly of those who might appear to be more vulnerable and fragile.
Vulnerability And Data Protection Law
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Author : Gianclaudio Malgieri
language : en
Publisher: Oxford University Press
Release Date : 2023-04-01
Vulnerability And Data Protection Law written by Gianclaudio Malgieri and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-01 with Law categories.
Vulnerability has traditionally been viewed through the lens of specific groups of people, such as ethnic minorities, children, the elderly, or people with disabilities. With the rise of digital media, our perceptions of vulnerable groups and individuals have been reshaped as new vulnerabilities and different vulnerable sub-groups of users, consumers, citizens, and data subjects emerge. Vulnerability and Data Protection Law not only depicts these problems but offers the reader a detailed investigation of the concept of data subjects and a reconceptualization of the notion of vulnerability within the General Data Protection Regulation. The regulation offers a forward-facing set of tools that-though largely underexplored-are essential in rebalancing power asymmetries and mitigating induced vulnerabilities in the age of artificial intelligence. Considering the new risks and potentialities of the digital market, the new awareness about cognitive weaknesses, and the new philosophical sensitivity about the condition of human vulnerability, the author looks for a more general and layered definition of the data subject's vulnerability that goes beyond traditional labels. In doing so, he seeks to promote a 'vulnerability-aware' interpretation of the GDPR. A heuristic analysis that re-interprets the whole GDPR, this work is essential for both scholars of data protection law and for policymakers looking to strengthen regulations and protect the data of vulnerable individuals.
Migration And The European Convention On Human Rights
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Author : Başak Çalı
language : en
Publisher: Oxford University Press
Release Date : 2021-02-25
Migration And The European Convention On Human Rights written by Başak Çalı and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
This edited collection investigates where the European Convention on Human Rights as a living instrument stands on migration and the rights of migrants. This book offers a comprehensive analysis of cases brought by migrants in different stages of migration, covering the right to flee, who is entitled to enter and remain in Europe, and what treatment is owed to them when they come within the jurisdiction of a Council of Europe member state. As such, the book evaluates the case law of the European Convention on Human Rights concerning different categories of migrants including asylum seekers, irregular migrants, those who have migrated through domestic lawful routes, and those who are currently second or third generation migrants in Europe. The broad perspective adopted by the book allows for a systematic analysis of how and to what extent the Convention protects non-refoulement, migrant children, family rights of migrants, status rights of migrants, economic and social rights of migrants, as well as cultural and religious rights of migrants.
The Politics Of Vulnerable Groups
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Author : Fabio Macioce
language : en
Publisher: Springer Nature
Release Date : 2022-07-02
The Politics Of Vulnerable Groups written by Fabio Macioce and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-02 with Political Science categories.
This book describes and analyzes the conceptual ambiguity of vulnerability, in an effort to understand its particular applications for legal and political protection when relating to groups. Group vulnerability has become a common concept within legal and political scholarship but remains largely undertheorized as a phenomenon itself. At the same time, in academia and within legal circles, vulnerability is primarily understood as a phenomenon affecting individuals, and the attempts to identify vulnerable groups are discredited as essentialist and stereotypical. In contrast, this book demonstrates that a conception of group vulnerability is not only theoretically possible, but also politically and legally necessary. Two conceptions of group vulnerability are discussed: one focuses on systemic violence or oppression directed toward several individuals, while another requires a common positioning of individuals within a given context that conditions their agency, ability to cope with risks and uncertainties, and manage their consequences. By comparing these two definitions of group vulnerability and their implications, Macioce seeks a more precise delineation of the theoretical boundaries of the concept of group vulnerability.
Medical Use Of Human Beings
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Author : Austen Garwood-Gowers
language : en
Publisher: Routledge
Release Date : 2019-07-19
Medical Use Of Human Beings written by Austen Garwood-Gowers and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-19 with Law categories.
Whilst activities like transplantation and medical research have typically been considered on a discrete basis, they are also actually part of a broader phenomenon of medical means being employed to make use of human beings. This book is the first ever systematic critique of such medical use of the human being as a whole. It is divided into two parts. The first part considers what constitutes an appropriate normative lens through which to view such medical use and its constraint. It makes a reasoned ethical and human-rights-based case for preferring respect for human worth over any of the main alternative approaches that have been drawn on in specific contexts and outlines what this preference practically implies. The second part uses this respect-based lens to critique use discourse, law and practice. Drawing on three contrasting case study areas of warfare-related medical use, transplantation and human tissue research, this book exposes both the context-specific and thematic nature of shortfalls in respect. Overall this book provides a compelling analysis of how medical use ought to be constrained and a compelling critique of the excesses of discourse, practice and governance. It is recommended to academics, students, policymakers and professionals whose work is focused on or intersects with the medical sector and anyone else with an interest in medicine and its limits.
Elgar Encyclopedia Of Law And Data Science
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Author : Comandé, Giovanni
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-02-18
Elgar Encyclopedia Of Law And Data Science written by Comandé, Giovanni and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-18 with Law categories.
This Encyclopedia brings together jurists, computer scientists, and data analysts to map the emerging field of data science and law for the first time, uncovering the challenges, opportunities, and fault lines that arise as these groups are increasingly thrown together by expanding attempts to regulate and adapt to a data-driven world. It explains the concepts and tools at the crossroads of the many disciplines involved in data science and law, bridging scientific and applied domains. Entries span algorithmic fairness, consent, data protection, ethics, healthcare, machine learning, patents, surveillance, transparency and vulnerability.
Protecting The Mind
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Author : Pablo López-Silva
language : en
Publisher: Springer Nature
Release Date : 2022-03-01
Protecting The Mind written by Pablo López-Silva and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-01 with Philosophy categories.
This book offers a comprehensive analysis of philosophical, social, ethical, and legal challenges arising as a consequences of current advances in neurosciences and neurotechnology. It starts by offering an overview of fundamental concepts such as mental privacy, personal autonomy, mental integrity, and responsibility, among others. In turn, it discusses the influence of possible misuses or uncontrolled uses of neurotechnology on those concepts, and, more in general, on human rights and equality. Then, it makes some original proposals to deal with the main ethical, legal, and social problems associated to the use of neurotechnology, both in medicine and in everyday life, suggesting possible policies to protect privacy, neural data, and intimacy. Crossing the borders between humanities, natural sciences, bio-medicine, and engineering, and taking into account geographical and cultural differences, this book offers a conceptual debate around policy and decision making concerning some of the key neuroethical challenges of our times. It offers a comprehensive guide to the most important issues of neurojustice and neuroprotection, together with a set of new paradigms to face some of the most urgent neuroethical problems of our times.
The Routledge Handbook Of The Ethics Of Human Enhancement
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Author : Fabrice Jotterand
language : en
Publisher: Taylor & Francis
Release Date : 2023-08-01
The Routledge Handbook Of The Ethics Of Human Enhancement written by Fabrice Jotterand and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-01 with Philosophy categories.
The Routledge Handbook of the Ethics of Human Enhancement provides readers with a philosophically rich and scientifically grounded analysis of human enhancement and its ethical implications. A landmark in the academic literature, the volume covers human enhancement in genetic engineering, neuroscience, synthetic biology, regenerative medicine, bioengineering, and many other fields. The Handbook includes a diverse and multifaceted collection of 30 chapters—all appearing here in print for the first time— that reveal the fundamental ethical challenges related to human enhancement. The chapters have been written by internationally recognized leaders in the field and are organized into seven parts: Historical Background and Key Concepts Human Enhancement and Human Nature Physical Enhancement Cognitive Enhancement Mood Enhancement and Moral Enhancement Human Enhancement and Medicine Legal, Social, and Political Implications The depth and topical range of the Handbook makes it an essential resource for upper-level undergraduates, graduate students, and postdoctoral fellows in a broad variety of disciplinary areas. Furthermore, it is an authoritative reference for basic scientists, philosophers, engineers, physicians, lawyers, and other professionals who work on the topic of human enhancement.
Vulnerability And Human Rights
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Author : Bryan S. Turner
language : en
Publisher: Penn State Press
Release Date : 2010-12-31
Vulnerability And Human Rights written by Bryan S. Turner and has been published by Penn State Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-31 with Social Science categories.
The mass violence of the twentieth century’s two world wars—followed more recently by decentralized and privatized warfare, manifested in terrorism, ethnic cleansing, and other localized forms of killing—has led to a heightened awareness of human beings’ vulnerability and the precarious nature of the institutions they create to protect themselves from violence and exploitation. This vulnerability, something humans share amid the diversity of cultural beliefs and values that mark their differences, provides solid ground on which to construct a framework of human rights. Bryan Turner undertakes this task here, developing a sociology of rights from a sociology of the human body. His blending of empirical research with normative analysis constitutes an important step forward for the discipline of sociology. Like anthropology, sociology has traditionally eschewed the study of justice as beyond the limits of a discipline that pays homage to cultural relativism and the “value neutrality” of positivistic science. Turner’s expanded approach accordingly involves a truly interdisciplinary dialogue with the literature of economics, law, medicine, philosophy, political science, and religion.