5 research outputs found
FiziÄki integritet i najnovije zakonodavne izmjene u Albaniji
In 2016 Albania went through a major justice reform which provided legislative changes to the already existing institutions, established new ones and sought to improve the procedural guarantees of the accused in criminal trials. While the Albanian Code of Criminal Procedure prior to the changes did not provide for biological evidence or a medical intervention in the course of a criminal investigation, the new legislative changes introduced the concepts of biological evidence and the compulsory physical examination as part of tools in search of the evidence. Even though the draft amendments to the previous Albanian Code of Criminal procedure recognized the problems encountered in practice during the collection of biological evidence vis Ć vis individualās rights to personal integrity and dignity, the application of the newly introduced and enacted provisions remains still unclear and raises concerns, not only regarding the possible arbitrary use of such tools by law enforcement authorities, but also on the possible conflicts that can arise from the application of such procedures by medical examiners and physicians and the fundamental rights of the person under examination or undergoing the medical procedure/intervention.U 2016. godini Albanija je proÅ”la kroz veliku reformu pravosuÄa koja je veÄ postojeÄim
institucijama donijela zakonske izmjene, uspostavila nove zakone te nastojala poboljŔati
procesna jamstva optuženih u kaznenim postupcima. Dok albanski Zakon o kaznenom
postupku prije ovih izmjena nije predviÄao bioloÅ”ke dokaze niti medicinsku intervenciju
tijekom kaznene istrage, nove zakonske izmjene predstavile su koncepte bioloŔkih dokaza i
obavezni fiziÄki pregled kao dio alata u potrazi za dokazima.
Iako su u nacrtima amandmana za prethodni Zakon o kaznenom postupku Albanije
prepoznati problemi koji se susreÄu u praksi tijekom prikupljanja bioloÅ”kih dokaza s obzirom
na prava pojedinca na osobni integritet i dostojanstvo, primjena novouvedenih i donesenih
odredbi i dalje ostaje nejasna i izaziva zabrinutost, ne samo u pogledu moguÄeg proizvoljnog
koriÅ”tenja takvih alata od strane tijela za provedbu zakona, veÄ i zbog moguÄih sukoba koji
mogu proizaÄi iz primjene takvih postupaka od strane medicinskih istražitelja i lijeÄnika te
temeljnih prava osobe koju se ispituje ili prolazi kroz medicinski postupak/intervenciju
A right to die: a comparing discourse of case laws in United States of America, European court of human rights, United Kingdom and Albania
As human beings we are bound up with the medical profession. It is certain that at some point in our life we rely on their help. Even if such help is avoided throughout life, some life activities involve recourse to medical care.
During the exercise of its activity the medical profession is faced with many ethical dilemmas, where the solution is not in the law, where choice and decision making become difficult in terms of ethics and where they must rely on their values and judgments. Thatās why the
involvement of the medical profession in everyoneās lives makes the understanding of the law governing the medical profession extremely important. Patient rights are part of human rights.
This articleās aim is to present one important patient right - the right to die. Whilst is accepted the increasing role of the medical profession in determining the shape of the law in medical care, this article focuses on understanding how different courts deal with cases involving the right to die. The article offers a framework on patientās right to die in the United States of America, Europe, United Kingdom and Albania
Rule of Law and Judicial Independence in Albania
We know the importance that the rule of law has for our society, our democracy, and the kind of civilization we want, but we rarely take the time to think about what the components of the rule of law are and how we ensure that the rule of law is maintained. In its most basic form, the rule of law is the principle that no one is above the law. Legal documents, such as constitutions, national legislation, a court system, and international agreements, govern a stateās actions towards its citizens. Governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. The rule of law is a very broad concept. It involves several aspects rooted in democracy. This paper will focus on the independence of the judiciary as part of the rule of law. Judicial independence means that judges are independent from political pressures and influences when they make their decisions, that they should not be pressured by a political party, a private interest, or popular opinion when they are called upon to determine what the law requires. Keeping the judiciary independent of these influences ensures that everyone has a fair chance to make their case in court and that judges will be impartial in making their decisions. Presidents, ministers, and legislators, at times, rush to find convenient solutions to the exigencies of the day. An independent judiciary is uniquely positioned to reflect on the impact of such acts on rights and liberty, and must ensure that those values are not subverted. The need for an independent judiciary in Albania is of paramount importance for Albaniaās integration in the European Union
Patient's Rights and End-of-Life Decisions: The Albanian Experience Patient's Rights and End-of-Life Decisions: The Albanian Experience
Abstract As human beings we are bound up with the medical profession. It is certain that at some point in our life we rely on their help. Even if such help is avoided throughout life, some life activities involve recourse to medical care