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Criminal law of the Republic of Moldova safeguards the life of a person not the life of a human being in general. The life of an unborn human being is protected partially in Romania. This is because the product of conception does not have the status of a person, while a pregnant woman is free to decide either to terminate or to continue her pregnancy. This Study proposes certain legislative amendments aimed to provide for a more efficient criminal-law defence of an unborn human being. Such a defence cannot have an absolute feature as the right to life of a person is not an absolute right either. [ABSTRACT FROM AUTHOR]

Copyright of Angle Health Law Review is the property of Angle Publishing Co., Ltd. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The definition of privacy is succinctly delineated as the space where one can speculate on his thoughts and ideas without intrusion from others. Being free from prying eyes, interference with one's deeds or beliefs, or intense oversight has been well-described as having privacy. Article 21 of the Constitution of India, addresses the rights relating to one's life and individual liberty and covers the right to privacy. According to this article, everyone has a right to personal space as well as the absolute freedom to live their lives in dignity. Social media in all of its incarnations, has taken over the internet. It enables one to publicly acknowledge their opinions and thoughts with a multitude of individuals at once. With the proliferation of smart gadgets and universal connections, social media use has grown in popularity. The risk of exposed sensitive data given by consumers does exist, nevertheless. It's feasible that users occasionally aren't aware that the platforms are gathering and sharing their information with other users. These platforms guarantee that users' privacy is protected by assuring them of their privacy policy, as data harvesting is currently at the forefront of technology. But the truth is, users' personal information stored on platforms that, don't ensure effective security, is vulnerable to hacking and data leakage. There has been considerable thought put into whether or not these social media networks protect our privacy. The goal of this study is to define the idea of privacy in the current cybernetic era. Concerns about the world's youth are raised by the question of whether media platforms uphold privacy rights. Many naively believe the hyped-up claims and promises made by these platforms, but in fact, they fall short of giving us the proper data protection. So far, it is ultimately the user's duty to secure personal data. It is essential that we are cognizant of the hazards and take precautions to secure our personal information. [ABSTRACT FROM AUTHOR]

In this article, I maintain that Nazi concentrationary model was not the par excellence place of modern biopolitics but rather mainly expressed the tanatopolitical face of biopower. For this purpose, I take up Hannah Arendt's analysis, that articulate antisemitism and imperialism to explain the concentrationary phenomenon as the nucleus of Nazi totalitarianism. From her work, as well as from testimonial texts by survivors, I deduce that Nazi concentrationary mechanism attempted to reduce human life from bios to zoé, in a clear biopolitical exercise although, at the same time, by heading towards the direct and selective extermination of certain population groups, responded more to "making die and letting live", typical of sovereignty power, rather than to "making live and letting die", which characterizes biopolitics. Therefore, it had a primarily tanatopolitical dimension. Finally, I recover the possible replications and mutations of the total concentrationary phenomenon, in the presence of current biopolitical dangers. [ABSTRACT FROM AUTHOR]

The burgeoning social significance borne by death inquests in Hong Kong has ushered in a string of judicial decisions that seeks to remould the interpretation and operation of provisions in the Coroners Ordinance. This article subjects attempts to marshal the right to life as an interpretive conduit to remould these provisions to scrutiny, focusing on its impact on the remit of inquests and the Court of First Instance's power to override the Coroner's refusal to hold one which ought to be held. It contends that such interpretive endeavours are unlikely to yield practical dividends, emerge effective, sustainable or consequential in the long run, or prove defensible on doctrinal grounds. The principal reason lies in the fact that local jurisprudence on the right to life remains thin and underdeveloped, such that it lacks the necessary doctrinal and jurisprudential arsenal to sustain such judicial efforts and furnish principled guidance to the courts on how to arm the remoulded law with real bite. [ABSTRACT FROM AUTHOR]

Copyright of Bulletin of the L.N. Gumilyov Eurasian National University. Law Series is the property of L.N. Gumilyov Eurasian National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

On November 27, 2020, Dr. Mohsen Fakhrizadeh, one of Iran's most prominent nuclear scientists and head of the ministry of defense's research and innovation organization, was assassinated near Tehran and achieved the grace of martyrdom. Given that the assassination of Martyr Fakhrizadeh took place outside the framework of an armed conflict during peacetime, it is a clear example of the use of lethal force in peacetime and the arbitrary deprivation of the right to life. Accordingly, the question of the paper is what is the nature of the targeted assassination of this nuclear scientist from the perspective of the rules of IHRL and IHL? In order to reach the answer, the research studied the issue by a descriptive-analytical method and in the framework of the international IHRL and IHL regimes, collecting valid and credible documents through documents and libraries and referring to the materials published in reputable international think tanks. The findings show that this assassination is in objective contradiction with the rules of IHRL and IHL regimes, therefore violates the most obvious principles and rules of this legal regime, including the arbitrary deprivation of the right to life, which has led to extrajudicial killings. [ABSTRACT FROM AUTHOR]

After the 75th anniversary of adopting the Universal Declaration of Human Rights, we can state that some of its provisions still cause discussions about a basic and inherent right – the right to life. Getting a new “breath” after the Roe v. Wade case’s overturning, the battle between women’s abortion rights supporters and the protectors of the right to life for the unborn seems to get a new round. Worldwide experts in different fields start to find new arguments or remember the old ones to have solid proof in the discussions. It is too hard to find a more fundamental international document in the human rights field than the Universal Declaration of Human Rights, which can be used in this case. Many scholars’ papers claim that the Declaration is only for an already-born person and does not cover the unborn one. However, such a vision is incorrect and causes many misunderstandings and false interpretations of the international basis of human rights protection. This work will try to dispel the myth that the Declaration was written only for a born person. After analyzing hundreds of documents from the Declaration drafting process, using historical facts and drafters’ statements, we hope to shed light on the real essence of the Universal Declaration of Human Rights about the right to life. [ABSTRACT FROM AUTHOR]

Freedom of association is one of the most important human rights of human beings, which also plays a serious role in the demand and realization of other human rights. In many cases, these rallies are held to protest participants against the government's policies. The peaceful holding of rallies and the important role played by the police and other security forces in securing them are among the important issues that need to be addressed. In some cases, some participants in peaceful rallies may resort to violence and the police may be forced to use force to maintain order and security. The fundamental question of this article is what are the powers and obligations of governments, especially in the use of force to control peaceful assembly? The research method of this research is analytical-descriptive and the method of collecting information is library. The results of this study show that Iran's domestic regulations are generally in line with human rights standards, but in some cases, there is a conflict between these regulations. In Law on the Use of Weapons by Armed Forces Officers, the police appear to use weapons to control illegal assemblies if other means are not effective, but in the human rights system, police can use force only in cases of legitimate self-defense.

Infertility, which is one of the most important problems of human societies, has been solved to some extent with the help of one of the achievements of medical knowledge, i.e., freezing the fetus resulting from the artificial and ectopic fertilization of the parental gametes. Now, the freezing and storage of embryos in freezing banks will cause jurisprudential, legal and social issues in this field, one of which is the existence of common criteria between the destruction of frozen embryos and abortion. Therefore, the basic question in this research is: Is there a unity of criterion between killing frozen embryos as a part of laboratory embryos and abortion from the point of view of jurisprudence, legal and moral? The current research has been conducted in documentary- library style and by descriptive-analytical method, the studies shows, there is a unity between the destruction of frozen embryos and abortion, in this sense, the frozen embryo as an ectopic coagulated sperm, like an intrauterine embryo, is a potential human being that can be actualized and has the right to life and human dignity, because from a legal point of view, a human being has the right to life and respect from the moment of the formation of the smallest part of existence and its eliminating at any stage is against the morality and human dignity of the fetus and against the relationship of trust between the parents and fetus and it is not acceptable. Also, eliminating a human being at any stage violates one of the purposes of marriage, i.e. childbearing, which is one of the common criteria of killing a frozen embryo and abortion; therefore, the sanctity of loss is true in both cases, and the coagulation of sperm inside the womb (a common thing) or its outside, is the origin of human creation and the minimum level of humanity has been reached in it, and the condition for the fetus to have the right to life, to be fertilized and be born alive; therefore, the formation and development in the womb does not have the characteristics that the only right to life be exclusive to the fetus in the womb. From this point of view, some jurists believe that it is necessary to be careful to preserve frozen embryos and they consider the elimination of frozen embryos as abortion and require payment of ransom.

The practice of abortion has been defended by many these days, including some Brazilian evangelicals, due to their understanding that it is matter of personal liberty which they feel should permit each one to decide what to do with their own bodies. They understand abortion to be an option of the pregnant woman and her circle of counselors, and not the right to life of the unborn child in the uterus which is not even considered to be a human being. Both science and religion hold a clear and firm position in regard to abortion, and both agree that abortion is the murder of an innocent victim regardless of what period of the pregnancy the abortion is performed. Instead of opting for abortion, the true liberty of the mother would not be in controlling of her sexual desires, and therefore choosing moral conduct which would consider the ethics and well-being of everyone involved, including the unborn child? True liberty would really only exist if it did not destroy other liberties of equal value in an ethically organized society. In summary--each human being has the right to life. [ABSTRACT FROM AUTHOR]

The judgment of the European Court of Human Rights in Mortier v Belgium, delivered in October 2022, is the first time the Court has squarely confronted the issue of whether permitting assisted dying is compatible with a state's obligation to protect life under Article 2 of the European Convention on Human Rights. The case, brought by the son of a woman who had been euthanised, was based predominantly on the argument that the Belgian system of assisted dying failed to adequately protect the lives of vulnerable individuals, such as the applicant's mother. A majority of the Court held that a permissive assisted dying regime could comply with the positive obligation to protect under Article 2, provided there are safeguards in place including a system capable of ensuring that an individual's request for assistance is freely made and informed, as well as a posteriori control in the form of supervision of compliance with the legislative and regulatory safeguards. While there were deficiencies in the Belgian system's a posteriori control which led to a finding of a violation of Article 2, the judgment clearly demonstrates that states can permit assisted dying without violating their protective obligations under Article 2. Significantly, the Court did not consider that permitting assisted dying for individuals whose suffering emanates from a non-terminal condition (including a mental illness) was problematic from a Convention perspective. The judgment is likely to be of considerable interest to policy makers, legislators, medical practitioners, and campaigners in the increasing number of jurisdictions both within the Council of Europe and beyond, that are considering whether to legalise assisted dying and, if so, the parameters of such a regime. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Kant-Studien is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The increase of high-risk newborns due to societal changes has presented neonatal intensive care unit nurses with more ethical challenges and heightened their perception of neonatal palliative care. Therefore, this study was a descriptive survey exploring the perceptions of neonatal intensive care unit nurse regarding biomedical ethics and neonatal palliative care in neonatal intensive care units. The research participants were 97 neonatal intensive care unit nurses who had been directly involved with end-of-life care for high-risk babies. Data were collected from November to December 2021 through an online survey. The Korean version of Neonatal Palliative Care Attitude Scale and the tool of biomedical ethics were used. The collected data were analyzed using the T-test, ANOVA, Scheffé test, Pearson correlation coefficient, and multiple regression analysis. The mean score for perception of biomedical ethics in neonatal intensive care unit nurses was 2.89 of 4, and that of neonatal palliative care in neonatal intensive care unit nurses was 3.10 of 5. Existence of a protocol of neonatal palliative care, the experience of patients dying, and the right to life of neonates were factors influencing the perception of neonatal palliative care. The explanatory power was 12.5%. The data support the importance of guidelines regarding systematic neonatal palliative care. Also, developing programs for sharing and supporting experiences of patients dying among colleagues and persistent education about the right to life of neonates for neonatal intensive care unit nurses can improve perception of neonatal palliative care. [ABSTRACT FROM AUTHOR]

Extrajudicial killing in international law, is the use of intentional and lethal force by states, which is not justifiable under the rules of the right to life and can be carried out arbitrarily without legal authorization and without a fair trial. On January 3, 2020, a US drone strike killed General Qassem Soleimani and his entourage at Baghdad Airport, killing him and his entourage. The United States immediately took responsibility for the attack. This paper seeks to answer the question whether the United States' action against General Soleimani and his entourage at Baghdad airport could be considered extrajudicial killing in international law. The present paperr using a descriptive-analytical methos concludes that the United States has committed extrajudicial killing against General Soleimani and his entourage by arbitrarily depriving them of life, without legal authorization and without a fair trial. In addition to the violation of human rights of the individuals, US action also violated the rules of international humanitarian law and international criminal law. Of course, it should not be forgotten that General Soleimani and his entourage were never sentenced to death in a competent court and through a fair trial. [ABSTRACT FROM AUTHOR]

Copyright of Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi is the property of Ankara Haci Bayram Veli Universitesi Hukuk Fakultesi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

One of the main aims of the Sharīʿah (maqāṣid al-sharīʿah) is the protection of human life (hifz al-nafs). Advances in medical science have similar aims and have created technology to assist infertile couples to overcome their infertility. One of the technologies developed to further simplify this process is the ability to freeze excess embryos to be stored for long periods of time through cryopreservation. This technology allows infertile couples to use these embryos when they opt for treatment not only once but multiple times. Despite its benefits, the cryopreservation of embryos could bring about several legal issues. This study focuses on the legal status of cryopreserved embryos in two situations. The first is in the event of divorce between the parties and the second is in the event of death of one or both of the parties. The main concern in these two situations is does the couple have full authority to decide what happens to their embryos, even to the extent of allowing them to perish? Are cryopreserved embryos protected under the Sharīʿah? This paper analyzes the sanctity of human embryos within the Sharīʿah and legal frameworks in selected Muslim countries, with particular emphasis on issues of right to life and their potential legal repercussions on human society. In applying a comparative approach, this paper aims to shed light on the ethico-legal complexities surrounding cryopreserved human embryos under the Sharīʿah.

The Internet is an important part of modern life; however, most virtual processes are beyond the scope of legal control. The state as a legislator regulates relations that originate in the real world. As a result, the law often fails to take into account the specifics of virtual environment. The poor legal regulation comes from the fact that the legislator cannot determine whether digital rights and freedoms are new categories or a continuation of the existing legal provisions. In this article, the author attempts to identify the correct approach by answering the obvious question: Is there a digital life and a separate digital personality, or is the digital space a continuation of the constitutional right to life exercised by a real-life legal subject? The research relied on standard methods of cognition and specific scientific methods, e.g., comparative and formal logical analyses. While analyzing the concept of the constitutional right to life, the author defines the categories of digital image and digital personality in order to develop a variant of legal regulation of digital rights and freedoms. The validity of digital personality depends on the approach the legislator chooses to regulate digital rights and freedoms. If the legislator sees digital rights and freedoms as a continuation of the rights and freedoms that exist in reality, a digital personality is impossible: it is a digital image of a real person in virtual space. If the legislator evaluates rights and freedoms as a new category, a digital personality is a valid concept, but only in the context of artificial intelligence.

The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification, eventually entering the human body via the food chain. This poses a substantial risk of irreversible damage to both the ecosystem and human health, a situation that will worsen with the ongoing discharge of such water. The respect and protection of human rights represent an international consensus, and safeguarding fundamental human rights is a substantial obligation that states must undertake in accordance with both international and domestic law. Since the Fukushima nuclear disaster, Japan has continuously violated its international legal obligations to protect human rights in several areas, including the resettlement of disaster victims, the reduction of nuclear radiation levels, and the handling of contaminated water. Such actions have compromised and will continue to compromise the basic human rights of not only its citizens but also those of people worldwide, including environmental rights, the right to life, development rights, and food rights. In the aftermath of the Fukushima meltdown, the public and workers involved in handling nuclear contaminants have been continually exposed to high radiation levels, endangering their rights to life, development, and health. Japan's inadequate efforts in victim resettlement and environmental restoration have jeopardized the environmental and food rights of its citizens to live healthily and access food in an environment unaffected by nuclear radiation. The release of nuclear-contaminated water poses a risk of Japan's nuclear pollution to the people of neighboring countries and the global population at large. The principle of human rights underpins the theory of a community with a shared future for humanity, and human rights are a crucial area of China's active participation in United Nations affairs and global governance. By voicing concerns over Japan's potential human rights violations globally, China demonstrates its role as a responsible major country. In response to Japan's breach of legal obligations and human rights violations, China can adopt a reasoned and beneficial approach, including calling on the international community to hold Japan criminally accountable for crimes against humanity under the Rome Statute and advancing scholarly discussions on ecocide and crimes against the marine environment. Furthermore, China should persist in seeking advisory opinions from the International Court of Justice and strive for substantive accountability, utilizing the mechanisms of international human rights organizations to make its voice heard. [ABSTRACT FROM AUTHOR]

The most important Public policy debates today surround the use of euthanasia to end the sufferings of terminally ill patients. This debate revolves around one of the most important aspects which is, the right to a dignified life, and it is the central concern for one and all. This research paper is an attempt to analyze the legal issues involved in legalizing euthanasia and the consequences thereof. The research paper will also focus on the role played by the judiciary in India related to euthanasia. [ABSTRACT FROM AUTHOR]

The paper proposes a reflective exercise on patents and medicines used to practice euthanasia, following the prohibition of Decision 486 of 2000 that refers to the exclusion of patenting of products that harm people's lives. The objective of the article is to make an approximation to the tension between the prohibition of patentability of medicines used for euthanasia -based on the Right to life-versus the right to private property. Through a deductive methodological approach and based on the systematic interpretation, the authors draw a scenario from the intellectual property law and current constitutional standards. As a result, some elements of the debate are raised, to solve one of the most complex tensions for intellectual property. Finally, the need to study this problem in a comprehensive and integrative way to understand the implications of euthanasia is concluded; not only for the doctor or the patient and its relatives, but also for the other actors involved, as is the case of the pharmaceutical industry. [ABSTRACT FROM AUTHOR]

This article investigates the question of whether a death caused by negligence in the healthcare context is capable of violating the right to life under Article 2 of the European Convention on Human Rights. This provision imposes extensive positive obligations upon Contracting States, including an operational duty to take reasonable steps to save a life that they know, or ought to know, is at risk. This article addresses the question of exactly when such an operational duty arises, with particular focus on the healthcare context in which deaths caused by medical negligence have not traditionally been regarded as amounting to violations of the right to life. This article argues that two key factors in determining the existence of an operational duty to save life are the assumption of responsibility and nature of risk. It also argues for the need to take surrounding circumstances into account and for an increased use of the right to life in holding public bodies to account for deaths caused by negligence in the healthcare context. [ABSTRACT FROM AUTHOR]

The article examines the problems of legal regulation of transplantation of organs and tissues of the human body in Ukraine and foreign countries. Emphasis is placed on legal and ethical difficulties arising in the field of transplantology. It is noted that the right to «mechanize the body» has a number of specific features, namely: the specific nature of the object of these rights - the human body, which is the object of property rights and currently has mainly a monetary value expression; natural dependence on knowledge of biology, genetics, medicine, technology. Their existence and implementation are possible only with the help of achievements of scientific and technical progress; novelty, which has a different degree of expression, depending on the type of protected result of disposal of body or life; ambiguous attitude from the side of religion, morality, ethics, politics; inextricable connection with constitutional (fundamental) human rights in view of the special connection with personal (natural) rights and the peculiarity as an independent group of human rights; exclusivity in terms of its legal consequences in the process and as a result of their implementation. With any change in the physical embodiment of a person, the subjective aspect of legal relations changes, that is, many connections of various branches of legal regulation (civil, marital and family, constitutional, etc.) are affected; the degree of their recognition and implementation reflects the level of development of the state and society in general, etc. It is emphasized that individual somatic rights are reflected both in the legislation of Ukraine and in the legislation of foreign countries. For example, the right to transplant organs in national legislation is not used as a right to dispose of one’s body, but as a certain necessity, a medical indication. In order to regulate the issue of organ donation, the legislation of individual states prescribes the practice of establishing special procedures for obtaining the donor’s consent to extract a transplant from him (Belgium, Greece, Turkey). Given the lack of transplants for transplant operations, it is important to develop educational work at the state level, explaining to citizens the need to issue voluntary consents for the posthumous use of their donor material. It is worth making proposals for the development and adoption of the State Program of Ukraine aimed at the development of donation. This program should provide organizational, legal and preventive state measures for the promotion and development of legal donation in Ukraine; proposals for the development of a national legal mechanism aimed at encouraging voluntary posthumous donation, which would be based on the lifetime legally formalized consent of potential donors to the posthumous free use of their donor material. [ABSTRACT FROM AUTHOR]

Copyright of Revista Española de Derecho Constitucional is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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Copyright of Revista de Derecho Politico is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

When Mahatma Gandhi said that "the greatness of a nation can be judged by the way its animals are treated", he clearly implied that equality must exist between the evolved animals, i.e. Humans and the rest of the animal clan. Humans have always adamantly self-proclaimed themselves as the 'superior' species, granting to themselves an authority to govern the rest, backed by a well-drafted constitution. While it is undeniable that a democratic society ensures fundamental rights to its citizens, a more civilized and sensitive one does not shy away from extending the same to its animals, too. The Apex Court of India in 2011 broke all barriers and differences in the famous Jallikattu case, whereby it brought animals under the ambit of the right to life guaranteed under Art. 21 of the Indian Constitution. While now this fundamental right has been constitutionally guaranteed to animals to live with dignity, a pertinent question to be asked is, does the right also encompass the right to die. The Supreme Court, in the case of Aruna Shanbaug, did declare that passive euthanasia is legal in India, thus bestowing the scope of passively ending the life of a terminally ill patient. Considering that animals may also very much be under the same circumstances, is this right of passive euthanasia applicable to them as well. This paper will thus dwell into analyzing the current scenario in India pertaining to euthanasia of ailing and terminally ill animals, the legal provision & judicial precedents worldwide on the issue and the moral rationale behind the same. [ABSTRACT FROM AUTHOR]

The right to receive consular protection and its guarantee by the host state is an element of making the right to a fair trial effective. Its development in the practice of human rights treaty bodies as a human right has put consular protection in interaction with human rights, especially the right to fair trial and the right to life. Violation of this right and depriving individuals in national courts and, conviction and sentence based on consular deprivation may lead to the ineffectiveness of criminal proceedings and the violation of some substantive rights, such as the right to life and Freedom from torture. The present essay, with an analytical-descriptive method, seeks to answer the question of how the Humanistic approach affects restitution as an appropriate remedy for the violation of the right to receive consular protection. It seems that Relative restitution in the form of review and reconsideration of sentences and punishments, provided to effectiveness, is considered an effective and appropriate remedy and guarantees the human rights of foreign nationals and the legitimate interests of the host state. On the other hand, the approach of full restitution in the form of annulment of the issued sentences and punishments is not considered an appropriate remedy due to providing an opportunity to escape from criminal justice and denying the jurisdiction of the host state. International precedent, alongside Cessation and non-repetition, has chosen partial restitution, provided to its effectiveness.

Examining Islamic Jihad issues in resorting to military force and coercive actions against the enemy and the way to treat civilians and non-combatant people indicates that the humanitarian provisions of Islam are based on the fundamental principles that provide the necessary grounds for the implementation of Jihad rules in different conflict situations. They provide Islam. Justice, the right to life and respect for human dignity are among the foundations of humanitarian rights in Islam, each of which has a special place and importance in Jihad in the cause of Allah. Quranic evidence, narration, reason, consensus and Muslim jurisprudence rules have prohibited the production and use of weapons of mass destruction; Therefore, in this article, while examining the concept and examples of weapons of mass destruction, topics such as justice, the right to life, human dignity, which are discussed as the bases for not allowing the use of weapons of mass destruction, to examine the verses and traditions, reason and consensus, which are among the most important evidences for issuing verdicts. Regarding topics such as weapons of mass destruction; Paid. In this research, the prohibition of the production and use of weapons of mass destruction in Islamic jurisprudence has been analyzed, and in the books of the jurists of the previous examples, it can be revised and applied to the current examples; Also, the prohibition of using these weapons in normal conditions is based on customary rules.

With the promulgation of the Autonomous Driving Act in summer 2021, Germany took the worldwide lead on regulating self-driving cars. This Article discusses the (non-)regulation of moral dilemmas in this act. To this end, it clarifies the role of the so-called trolley problem, which influenced the report of the German Ethics Commission that paved the way for this act in particular and the relationship between philosophical reasoning, empirical studies, and the law in general. By introducing the international legal community to the (non-)regulation of moral dilemmas in the German act, the Article critically reviews the German goal, which is to serve as a European and international role model. This will be preceded by a discussion as to why self-driving cars should be allowed as well as the moral dilemmas they cause which should be regulated by the law.

The purpose of the study was to assess the events in Marikana against the elements of life and dignity as fundamental rights listed in the Bill of Rights in the South African Constitution of 1996 hereafter referred to as the Constitution. This paper argued that stakeholders ignored workers’ rights especially the right to life and dignity at the expense of corporate profit. This paper therefore assessed the Farlam Commission’s findings on the human rights violations by the state and the mine authorities. The Farlam Commission findings and recommendations indicated, further, that one of the consequences of the establishment of a constitutional state that respects every person’s right to life is that tighter restrictions may have to be introduced on the use of lethal force in making arrests. It is argued that human dignity, as one of the founding values of democratic South Africa, plays a pivotal role in addressing human rights issues. The authors contend that the foundations of the new age where all people’s rights must be preserved and respected are a total transformation and a restoration of a human life. This is founded on South Africa’s history of human rights violations, total disdain and terrible inhumanity by the apartheid administration. The authors hope that the arguments set out in this paper will help add to the debate on the realisation of rights and strengthen the practical application of the fundamental rights of life and human dignity as enshrined in the South African Bill of Rights.