Human embryonic stem cell research would seem to offer the prospect of developing a greater understanding of, and potential therapies for, common degenerative diseases such as diabetes mellitus, Alzheimer’s and Parkinson’s disease. Despite the fact that some Irish institutions engage in such research, Ireland is one of the few countries in Europe which has failed to produce any relevant regulatory framework or legislation. This is largely because embryo research and its regulation remain mired in conflicting socio-political values and interests, despite the fact that the in vitro human embryo is not afforded any legal protection under the Irish Constitution. This thesis seeks to examine the current Irish legal lacuna in relation to embryos and embryonic stem cell research. The first of the three papers making up the core of this thesis reviews the background to the moral, legal and social factors that have contributed to the extant Irish position. A description of the divergent policies enacted in other jurisdictions is also given to outline possible policy options which may be considered by Ireland in the future. The views of relevant stakeholders on the impact of the regulatory lacuna are explored in the second paper through a series of semi-structured interviews. These interviews highlight a surprising level of consensus on the need for the Irish legislature to act and introduce regulations to provide certainty, in one way or the other, in this area of scientific innovation. A procedural mechanism is proposed in the third paper which could allow the development of policy and concomitant regulation in Ireland in this area. It is hoped that the procedural process and resultant framework would be sufficiently inclusive as to be acceptable to the majority of people in Irish society. In conclusion, it is argued that it is undesirable that a modern pluralist democracy (as Ireland aspires to be) should regard legislative inertia and non-regulation as the preferred method of dealing with morally challenging scientific endeavour. Instead, appropriate procedural mechanism should be utilised to allow for the development of apposite policies.

This article describes interaction among constitutional law, international law of human rights and family law based on human rights extensive role. In family law field, involving family model and constitutional protection, it is clear to notice the influence of permanent dialogue among those three areas becoming as the main factor of family law evolution. The author emphasizes the deep transformation experienced by “family” notion through history and in fact that change shall keep happening, which does not necessarily mean that all forms of living in family shall have the same level of legal coverage. However, it should result in a minimum level of protection marked by human rights recognition. / Este artículo describe la interacción entre el derecho constitucional, el derecho internacional de los derechos humanos y el derecho de familia, cuyo fundamento es el papel extensivo de los derechos humanos. En el ámbito del derecho de familia —que implica el modelo de familia y la protección constitucional de la que goza— se ve la incidencia de este diálogo permanente entre las tres áreas, que llega a constituirse en el principal motor de la evolución del derecho de familia. El autor concluye señalando que lo que conocemos como «familia» ha experimentado una transformación profunda a través de la historia y que el cambio en su contenido seguirá variando. Esto no significa que todas las formas de vivir en familia vayan a gozar del mismo grado de cobertura legal, pero sí que debe traducirse en la existencia de un piso mínimo de protección signado por el reconocimiento de los derechos humanos.

Submitted by Fabricia Fialho Reginato (fabriciar) on 2015-07-02T01:23:50Z No. of bitstreams: 1 JavertNeto.pdf: 1847443 bytes, checksum: d25fc3aad1db44e05ac10cb01ec3c8be (MD5) / Made available in DSpace on 2015-07-02T01:23:50Z (GMT). No. of bitstreams: 1 JavertNeto.pdf: 1847443 bytes, checksum: d25fc3aad1db44e05ac10cb01ec3c8be (MD5) Previous issue date: 2012-03-29 / Nenhuma / Direito do consumidor brasileiro na era globalizada: o tema a ser abordado nesta pesquisa se concentra em debater as legislações de defesa de consumidor até então existentes, confrontando-as com as transformações surgidas na sociedade de consumo decorrentes do fenômeno da globalização, sobretudo nesta época em que a sociedade esta ligada em rede, onde a ‘Desterritorialização do mercado’ e a ‘internacionalização do direito’ fez surgir uma nova modalidade de vulnerabilidade (especial) de consumidor. Verificar se este sistema normativo vigente atende o anseio social de segurança/confiança na relação de consumo. O assunto em pauta deve ser tratado dentro dos limites específicos de espaço e tempo apontados para este debate. Vale dizer: Os reflexos suportados pela sociedade contemporânea (tempo) de consumo, no âmbito de nosso Estado-Nação (espaço), decorrentes do irrefreado fenômeno da globalização, e o sistema normativo de proteção de defesa do consumidor hodiernamente vigente e sua valia social. / Brazilian consumer rights in the globalized age, the topic being discussed in this research focuses on discussing the defense of consumer laws then existing, confronting them with the changes arising from the consumer society arising from the phenomenon of globalization, especially in this time that this networked society, where the 'internationalization of market and of law' introduced a new type of vulnerability (especially) the consumer. Check if the current legal system meets the desire for social security in respect of consumption. The subject matter should be addressed within the specific boundaries of space and time appointed for this debate. In other words: Reflections supported by contemporary society (time) consumption in the context of our nation-state (space), arising from the phenomenon of unbridled globalization and regulatory system of protection of consumer protection in force in our times and their social worth.

Made available in DSpace on 2014-12-17T14:27:27Z (GMT). No. of bitstreams: 1 KelliCLF_DISSERT.pdf: 794407 bytes, checksum: 4cbc5eb9294b0f712075b70ff06e458c (MD5) Previous issue date: 2013-03-19 / It dares to ensure that the Constitution of the Republic strengthened the rights of personality. No longer considering the denial of protection to intangible rights, against the imperative command coming from the art. 5 ? of our highest law, relevant to items V and X. Overlooking these emerge with precision, those rights of personality. Innocuous have been isolated attempts of the opposition to this constitutional protection. Deny it, or rather to restrict it, as it has done insignificant part of the doctrine and isolated judgmental pronouncements, no longer prove appropriate. Today, more than before, there is pointed out that if the human being has personal rights acquired from the design, adding to this other identity elements that allow the projection of a particular social personality. Such rights, it is worth mentioning, there are bases on the principle of human dignity that is considered general provision for the protection of personality. Based on the demonstration of this fact, after climbing into the general theory of personal rights and demonstrate the legal protection that has been present in his favor, it is hoped will, general objective, to show the effectiveness of this constitutional protection. At that point, will be reserved for special to the procedural tools that it has made a decisive contribution to the realization and effectiveness of the rights of the personality, a reality that must be imposed for the benefit of the dignity of the human person, presented here as basic foundation of the Democratic State of Law. The brazilian legal system provides the normative basis needed to provide an adequate protection to personality, from the general clause of the protection of the personality. For the achievement of its effectiveness, however, is an important update methodological and cultural of the Right as well as an effective deployment of public policies and private ensuring a better quality of life for citizens / J? se ousa assegurar que a Constitui??o da Rep?blica de 1988 consolidou os direitos da personalidade. N?o mais se cogita da negativa de amparo aos direitos imateriais, frente ao imperativo comando advindo do art. 5? da Carta Magna de 88, com relev?ncia para os seus incisos V e X. Deles emergem sobranceiros, com induvidosa precis?o, esses direitos da personalidade. In?cuas t?m sido as isoladas tentativas de oposi??o a essa prote??o constitucional. Neg?-la, ou melhor, restringi-la, como tem feito inexpressiva parte da doutrina e isolados pronunciamentos julgadores, j? n?o se revela cab?vel. Hoje, mais do que antes, resta pontificado que o ser humano possui direitos da personalidade adquiridos desde a concep??o, agregando-se a esta prerrogativa outros elementos que permitem a proje??o social de uma determinada personalidade. Tais direitos, ressalte-se, encontram suas bases no princ?pio da dignidade humana, considerada cl?usula geral de prote??o da personalidade. Partindo da demonstra??o dessa realidade, depois de incursionar pela teoria geral dos direitos da personalidade e demonstrar o progresso e o alcance da tutela jur?dica que se tem presente em seu favor, o presente estudo tem como objetivo geral, evidenciar a efetividade dessa prote??o constitucional. Para tanto, al?m do apoio doutrin?rio pertinente, demonstra-se, atrav?s de exemplos concretos, subsidiados por selecionada jurisprud?ncia, os caminhos abertos pelo princ?pio do pleno acesso ? justi?a. Nesse ponto, reserva-se especial destaque para os instrumentos processuais que t?m contribu?do decisivamente para a efetiva??o e efic?cia dos direitos da personalidade, realidade que deve se impor em proveito da dignidade da pessoa humana, aqui apresentada como fundamento b?sico do Estado Democr?tico de Direito. O ordenamento jur?dico brasileiro disp?e da base normativa necess?ria para proporcionar uma prote??o adequada ? personalidade, a partir da cl?usula geral de sua tutela. Para a plena concretiza??o de sua efetividade, por?m, ? importante que ocorra uma atualiza??o metodol?gica e cultural do Direito bem como uma efetiva participa??o da sociedade na implanta??o de pol?ticas p?blicas e privadas, assegurat?rias de uma melhor qualidade de vida ao cidad?o

The parent-child relationship in South Africa has recently undergone revolutionary changes. These changes are especially evident in relation to guardianship, care and contact. <p.The parent-child relationship has been revolutionised from one where the paterfamilias had the right of life or death (ius vitae necisque) over members of the family who fell under his power, to one where children have rights and parents have responsibilities. In Roman law the original power of the paterfamilias was later limited and duties were placed on the paterfamilias. In Roman Dutch law parents had not only parental powers or rights over their children, but also parental duties which they had to perform. In both Roman law as well as Roman Dutch law the father of a child born out of wedlock had no parental authority whatsoever. This meant that such father did not even have a right of access to his child. Roman Dutch law was received into South Africa. The South African Children’s Act 38 of 2005 does not refer to parental power or parental authority, instead the term “parental responsibilities and rights” is used. Guardianship is defined similarly in South African law prior to the Children’s Act as well as in the Children’s Act itself. The Children’s Act replaces the term “custody” with the term “care”. The Act also replaces the term “access” with the term “contact”. The definitions of these terms in the South African Children’s Act are similar to the definitions found in South African law prior to the Children’s Act. However, the Children’s Act has revolutionised the concepts of guardianship, care and contact in a number of ways. Firstly, the father of a child born out of wedlock acquires automatic parental responsibility and rights in certain instances. Secondly, the mother of a child may enter into a parental responsibility and rights agreement with the father of a child born out of wedlock, who does not acquire automatic parental responsibility and rights, or with any other person. Thirdly, any person having an interest in the care and welfare of the child, this includes the father of a child born out of wedlock and grandparents, may approach the court for an order granting them guardianship, care of or contact with a child. In South African law the best interests of the child standard has been applied for a number of years in matters concerning children. The best interests of the child standard is enshrined in section 28(2) of the South African Constitution, 1996 and in the Children’s Act. The rights of children in South Africa are protected in the South African Constitution, as well as in the Children’s Act. The trends evident in the Children’s Act, such as the emphasis of parental responsibility, and the protection of the rights of the child, are in line with trends in both international law (found in international conventions) as well as foreign law (for example, in the Children’s Acts of Ghana, Uganda, Kenya and the United Kingdom) and enhances the evolution of children’s rights. / Thesis (LLD (Private Law))--University of Pretoria, 2008. / Private Law / unrestricted

Diploma thesis "Constitutional aspects of protection of democratic principles in EU countries", examines the occurrence of aspects in EU constitutions, which protect constitutions from paradox of democracy. Paradox of democracy is an attribute of democracy, when democracy itself within its own democratic processes can transform to an undemocratic regime. The thesis aims to the occurrence of constitutional aspects, which can provide protection against the paradox of democracy. The research is based on created model situation, which provides a base for observation of relevancy of individual aspects of constitutional protections of democratic principles. From conducted research the diploma thesis provides evaluation of potential strength of each aspect of constitutional protection of democratic principles, and also provides ranking of EU countries in this area. The end of the thesis deals with three countries, which ended last in the ranking and tries to evaluate the risk of change to undemocratic regime, on base on occurrence of extremist parties in parliaments of these countries

This short dissertation is an appraisal of same-sex marriages. The traditional arguments against same-sex unions are examined and rejected as being circular, unconvincing and baseless. Some of the international developments on the subject of same-sex unions are examined and it is noted that a slow but distinct change in attitude towards same-sex marriages is beginning to emerge from international judiciaries. The legal position of people with same-sex orientation in the South African legal system is examined with special reference to our Constitution. It is submitted that our Constitution is the foremost vehicle for legal change in this regard and that the equality clause of our Constitution is authority for the recognition by the law of same-sex marriages. This dissertation concludes that same-sex marriages ought to be fully accepted and recognised by the law for reasons, inter alia, of fairness and equality for people of same-sex orientation. / Constitutional, International & Indigenous Law / LL. M.

Throughout the history of universities, university autonomy and academic freedom have come ~o be regardeci as indispensable if the university has to fulfill its function of generating and disseminating knowledge and information for the benefit of society. Al though these are often conflated, they are distinguishable though interdependent. Autonomy relates to the self-governance of the university without external interference. Academic freedom entails the freedom of an individual academic to hold whatever views, orthodox or unorthodox, without censure or other penalty. critical inquiry. It also entails Although academic autonomy and freedom are critical to the academic function, they are not beyond dispute. There is always a continuous debate on what are the proper boundaries of legitimate academic autonomy and freedom. These boundaries are not fixed and keep on shifting. The shifting is often caused by government intervention into university education by way of subsidising it. As a quid pro quo for subsidizing university education, the government often feels entitled to stipulate conditions for the granting of such subsidies. Various governments follow different ways of doing this. There is a general trend in terms of which the government is defining the degree of academic autonomy. With autonomy it emphasizes accountability and with academic freedom it emphasizes responsibility. These are not mutually in conflict. iii Al though universities cherish their autonomy and academic freedom, these are always subject to threat. These cannot flourish in an authoritarian culture, but can only thrive in a democratic culture where other civil liberties are respected. The reason for this is that human freedom is indivisible and academic freedom cannot survive when other rights ar-e violated. The South African Constitution protects academic freedom. This is not generally done in most constitutions of the world. The reason why the South African Cons ti tut ion expressly protects academic freedom is because academic autonomy and freedom were severely violated in the past. Al though the protection of academic freedom in the Constitution does not provide indefeasible security, it makes the way of a transgressing government difficult. This is important because even a democratic government can violate academic freedom. / Constitutional, International & Indigenous Law / LL.D. (Constitutional, International & Indigenous Law)

Les États semblent ériger les Cours constitutionnelles en meilleur garant de la protection des droits fondamentaux. Cette étude propose une délimitation des compétences, voire des responsabilités constitutionnelles. Elle démontre que si l'inneffectivité de la protection des droits a été mise en évidence en dépit de l'existence des mécanismes de justice constitutionnelle et des ratifications massives des conventions internationales, c'est la recherche des défaillances de la protection constitutionnelle qui s'impose. La confrontation « des engagements internationaux aux défaillances de la protection des droits fondamentaux » pose la question du contrôle qui est censé être exercé par le juge constitutionnel. Au regard des expériences française et internationale, le Niger offre un exemple parfait des paradoxes de ces mécanismes de contrôle tant a priori qu'a posteriori. Ces défaillances apparaissent à travers les limites constitutionnelles de l'intervention du juge constitutionnel, voire du juge international. Cette étude à la fois micro et macrocomparative, révèle le décalage entre la justice constitutionnelle nigérienne et française. Bien plus, elle illustre le déficit de la protection constitutionnelle, y compris de la France, par rapport aux véritables exigences internationales de la protection. Au-delà, cette thèse propose des pistes d'une protection conventionnelle efficace, voire effective des droits fondamentaux conventionnels. / States seem to assign a more important role to Constitutional courts to protect fundamental rights. This study proposes a delimitation of powers and constitutional responsibilities. It shows that if the ineffectiveness of human rights has been highlighted despite the fact that there are mechanisms of constitutional justice and massive ratifications of international conventions, research focusing on constitutional protection deficiencies remains crucial. Comparing “international commitments and deficiencies in the protection of fundamental rights” raises the issue of control which is supposed to be exercised by the Constitutional court. In the light of the French and international experiences, Niger provides a perfect example of paradoxes of the pre-control and post-control mechanisms. Such deficiencies appear through constitutional limits of the intervention of the Constitutional judge and the international judge. This micro and macro comparative study reveals the difference between the Nigeren and the French constitutional justice. It also illustrates the shortfall of the constitutional protection including France in the face of the real international requirements of the protection. Furthermore, this doctoral thesis proposes courses of action for effective and efficient protection under the convention.

This short dissertation is an appraisal of same-sex marriages. The traditional arguments against same-sex unions are examined and rejected as being circular, unconvincing and baseless. Some of the international developments on the subject of same-sex unions are examined and it is noted that a slow but distinct change in attitude towards same-sex marriages is beginning to emerge from international judiciaries. The legal position of people with same-sex orientation in the South African legal system is examined with special reference to our Constitution. It is submitted that our Constitution is the foremost vehicle for legal change in this regard and that the equality clause of our Constitution is authority for the recognition by the law of same-sex marriages. This dissertation concludes that same-sex marriages ought to be fully accepted and recognised by the law for reasons, inter alia, of fairness and equality for people of same-sex orientation. / Constitutional, International and Indigenous Law / LL. M.