Iskanje po katalogu digitalne knjižnice

Opis: Are personal data and information, which we trust entirely to healthcare systems, sufficiently protected? The article deals with the crossroads of law and medicine, specifically at the point where the right to data protection of a patient is being breached or insufficiently protected by law. In this regard, we have to first learn what is the actual scope of person’s right to (medical) data protection and second, understand when is that breached. The article analyses the origin of data protection and its historical development to find its core meaning. Further, it seeks the limits of data protection’s scope with the content of other related rights. With a comprehensive overview of European case law, the article exposes some serious violations of individual’s right to (medical) data protection.
Ključne besede: right to dignity, right to privacy, right to data protection, fundamental human rights, medical data protection
Objavljeno v DKUM: 28.08.2025; Ogledov: 0; Prenosov: 3
Celotno besedilo (417,94 KB)
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Opis: The ambition of this article is an analysis of the right to a fair trial of legal entities through the prism of the jurisprudence of the ECtHR and the CJEU. Despite the factual admission of the right to a fair trial to companies in the case law of the Courts, the absence of a strong theoretical foundation and persuasive explanation in their judgments raises ambiguity as to the ECtHR and the CJEU positions in that regard. In that context, the article examines landmark cases of both Courts and relevant doctrinal considerations concerning the application of guarantees provided by the right to a fair trial to legal persons. The ECtHR case law is considered inconsistent and the Strasbourg court, it appears, tries to avoid any far-reaching conclusions. The CJEU in its case law, due to the inherent focus of EU law on economic values, interprets the right to a fair trial of companies broadly, and sometimes, broader than it is needed. It is concluded that the issue requires more attention from both the Courts and legal scholars, in the view of serious consequences the ignorance and unfounded admission of any fundamental right could entail to the society and economy.
Ključne besede: the right to a fair trial, the right to an effective legal remedy, legal persons, companies, fundamental rights of companies, ECHR, Charter of Fundamental Rights
Objavljeno v DKUM: 18.04.2024; Ogledov: 190; Prenosov: 22
Celotno besedilo (426,22 KB)
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Opis: Preceeding work is analysing a highly problematic field of public international law, where in one actual state several principles of international law, humanitarian legal rules, international political interests and humanitarian conscience are coliding intensely. This is the case of civil wars where human rights of civilians are violated on a massive scale. Since they do not include a foreign element by the nature, possibilities of international protection are very lessened. Apathy of the international community and the failure to enforce international law are both permitting for human suffering of unimaginable extensions taking place in immediate vicinity of the 'developed world'. Rules of conduct in the international community are being set by the international public law, which serves in interests of States. Until inclusion of international organisations with supranational authorities legal order was therefore designed only by their will. Later development has made it possible that rules were created by global consensus which suggested creation of norms with humanitarian nature. This leads to conclusion that there is no centralised legislator present in the international sphere and that obligatory norms are hard to find. Nevertheless humanitarian norms with cogent nature are still present, their uncovery is linked to the source from which they derive. Determining the source therefore leads to determination of those humanitarian rules that subjects need to respect in all circumstances. Such enforcement inside State's territorial integrity sadly still represents a meeting point for two contradictoring but hierarchally ecvivalent principles of international order, resulting in unsanctionising of mass breaches of international humanitarian rules. These two principles are the principle of State's sovereignty and the principle for respect of human rights and they result in such international policy which places the primal responsibilty for ensuring the respect of human rights in the hands of a State. Any external intervention is almost impossible.Consequences of such international understanding are vividly seen in civil or internal conflicts where protection of civilian population is in sole discretion of the warring parties. Still, universally applicable international law which can not be violated even in the times of war exists. Determination of humanitarian rules which have to be performed on the field, is dependant on the qualification of the sources from which they derive. International treaties, by their nature being obligatory for their signatories, comprise the first group of sources. Second group is producing rules which are waiting for bestowment of this quality and their possible cogency is dependant on State practice and on the so-called common legal sense of obligation. Most important of them is international customary law which produces rules, essential for filling those legal holes, left behind by international treaties. Moreover they are obligatory for every Party involved, even though they have not expressed their commitment. Together with universal human rights, provided by international human rights law, they represent a cornerstone of international legal order for the field of internal armed conflicts. Their enforcement is in the most benefit of civilian population.
Ključne besede: International public law, international humanitarian law, human rights law, internal armed conflicts, non-international armed conflicts, fundamental guarantees, war, Geneva Conventions, United Nations, civilian population, peremptory norms, customary law.
Objavljeno v DKUM: 09.06.2014; Ogledov: 1890; Prenosov: 139
Celotno besedilo (1014,07 KB)