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Ludzkie embriony i godność człowieka w świetle prawa patentowego. Wyrok Trybunału Sprawiedliwości Unii Europejskiej z dnia 19 października 2011 r. w sprawie Brüstle przeciwko Greenpeace

100%
Łącki P.
Przegląd Sejmowy
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2012
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issue 4(111)
33-54
EN
Different legal conceptions are nowadays challenged by bioethical dilemmas. This also includes patent law. In the Directive 98/44/EC on the legal protection of biotechnological inventions the European Parliament and the Council have considered uses of human embryos for industrial or commercial purposes unpatentable (Article 6(2)(c)). Interpretation of the Directive has aroused controversy, particularly in the context of use of stem cells obtained from a human embryo at the blastocyst stage, which entails the destruction of that embryo. On 18th October 2011 the European Court of Justice (Grand Chamber) gave a preliminary ruling providing an interpretation of the notion of human embrio. In its judgment the Court held that a ‘human embryo’ is any human ovum after fertilisation, any non-fertilised human ovum into which the cell nucleus from a mature human cell has been transplanted and any non-fertilised human ovum whose division and further development have been stimulated by parthenogenesis constitute. The judgment resolves all disputes relating to interpretation of Article 6(2)(c) of the Directive. Considering the main argument used by the Court, i.e. reference to the principle of human dignity, one should expect that the significance and effects of the judgment will be far-reaching.
2
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Ludzkie embriony i godność człowieka w świetle prawa patentowego. Wyrok Trybunału Sprawiedliwości Unii Europejskiej z dnia 19 października 2011 r. w sprawie Brüstle przeciwko Greenpeace

100%
Wnukiewicz-Kozłowska A.
Przegląd Sejmowy
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2012
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issue 4(111)
55-76
EN
Patentability of live forms, including that of human body, has been – and still is – the subject of attention of patent authorities and judicial practice. It is a controversial and disputable issue, as it concerns in particular treating a human being as a patentable subject matter. Therefore, patentability of human body has been exluded, even if Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions allows biological material which is isolated from its natural environment or produced by means of a technical process to be the subject of an invention even if it previously occurred in nature, i.e. the requirements of novelty and involvement of an inventive step have not been met. The author examines the current legal status of human embryo as a potential subject of invention under UE law, particularly in the context of the judgment of the Court of Justice of the European Union in the case Brüstle v. Greenpeace which is recognized as an essential element in the discussion on this issue, as well as an attempt to determine a possible direction of future development in this area in the EU law. The proper achievement of the tasks of the article depends mostly on the examination of the definition of human embryo proposed by the Court and its impact on EU law and domestic law of member states, and also an analysis of the status of the embryo in relation to the principle of respect to human dignity, patent law, scientific research in biomedicine, and the ban of use of human body for commercial purposes. In these areas, the legal status of embryo has a considerable importance.
3

Social Worker’s Help in Restoring Human Dignity

88%
Virbalienė A.
Applied Research In Health And Social Sciences: Interface And Interaction
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2015
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vol. 12
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issue 1
33-45
EN
In this article are presented situations in which the feeling of dignity of a person is lost or decreases and cannot be restored without professional intervention. This loss is one of the reasons of social exclusion in communities. A person with social issues has no abilities to emphasize her/his own uniqueness and authenticity, s/he stops to progress physically, intellectually and spiritually. In this way these persons enter the field of social worker’s help. In this field of help, one of the main factors in the restoration of human dignity is the social worker her/himself: her/his personality can have a huge influence on his client. The main research question in this study is the following: How should a social worker construct the helping process to help the client to restore her/his human dignity? Research object was the social worker’s help in the process of the restoration of human dignity. Research aim was to reveal the elements of the social worker’s support process that help to restore human dignity. Analysis of the reseach-based conceptual literature was the core method to explore and reveal the answers to research questions. The findings of the analysis highlighted that in situations, when people loose their feeling of dignity within social exclusion then they experience the self-deprecating. In the process of social help a main role is played by social worker’s professional communication with the client: the social worker stimulates the maintenance and restoration of client’s dignity by applying the principle of acting together. This principle is based on moral values, reciprocal responsibility, mutual respect, sincerity, confidentiality and empathy. These components create a trustful environment where, by sustaining client’s free choice and a right of decision, the possibility to achieve client’s openness emerges.
4
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Lidská důstojnost a instrumentalizace člověka nejen s ohledem na dárcovství gamet v ČR: Pokus o filosofický komentář

88%
Šimek V.
Studia theologica
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2020
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vol. 4
159-181
EN
In a propaedeutic manner the author focuses on human dignity and the instrumentalization of human beings. From a general point of view and from discussions with selected philosophers, this paper seeks basic answers to several questions: How do we understand the concept of “human dignity”? What is human dignity? How do we recognize human dignity? The problem of the instrumentalization of human beings stands out on the basis of a deeper understanding of human dignity, and vice versa. The author comments on, complements and clarifies the discourse on the instrumentalization of human beings and applies the acquired knowledge to the question of possible (self)instrumentalization of gamete donors in Czech Republic. This issue has not yet been sufficiently considered in the Czech Republic, which is in contrast to the development of assisted reproduction in recent years.
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Życie niegodne życia? Krótka historia eutanazji

75%
Machinek M.
Studia Warmińskie
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2011
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issue 48
325-337
EN
A historical analysis of a certain idea is not only attempt to reconstruct past events as accurately as possible, but it also aims at better understanding of current intellectual trends. The idea of euthanasia is the best example here. Old justifications to allow to kill on request appear in today’s discussions almost literally. First of all it is compassion for the ill and suffering and necessity to alleviate their excruciating pain. This argument seems to be so clear and evident that the supporters of euthanasia quote it in the first place. Suggestive propaganda, particularly in films and documentaries, which show the demand for euthanasia as a sign of despair or even courage, is to break the instinctive resistance of the society. But when euthanasia is legalized (or acknowledged as not a punishable act), personal autonomy arguments are promoted. The pseudo-right to terminate one’s own life is popularized. This right encapsulates not only suicidal death by the ill person himself, but also patients’ demands for the possibility to be legally killed by doctors within the health care system. Stressing the issue of costs and eugenic aspects only reinforces the impression of a rational and human-friendly decision. The fact that this expanding pro-euthanasia mentality threatens the foundations of our civilization is marginalized and omitted. This mentality recognizes human life as valuable and worthy living only under certain conditions, namely when it has a good quality.
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Jsou všichni lidé osoby, a jestliže ano, proč?: Náčrt SKIP argumentů a argumentace Roberta Spaemanna

75%
Šimek V.
Studia theologica
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2019
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vol. 1
131-145
EN
The question of whether all people (i.e., members of homo sapiens) are persons returns whenever some people are, in practice, excluded from the community of persons and when at the same time it is claimed that people have human dignity and basic human rights only as much as they are persons. This question is still topical, for example, for the moral evaluation of some assisted reproduction procedures and embryo­‑destructive research. The thesis that all people are persons is currently defended and justified by the SKIP-arguments. The article outlines the SKIP-arguments in propedeutic form and the argumentation of Robert Spaemann parallel to these arguments, who defends the thesis in an thoughtful way in his book Persons: The Difference between ’Someone‘ and ’Something‘. In the end, the reader will also learn about the meta-argument of tutiorism through which the advocates of this thesis usually strengthen the SKIP arguments.
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Neoliberální ekonomická teorie a praxe a její recepce u sv. Jana Pavla II., Benedikta XVI. a Františka

63%
Sekerák M.
Studia theologica
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2015
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vol. 1
108-132
EN
The issue of economic theory and practice constitutes a significant part of the Catholic Social Doctrine. In spite of the fact that various aspects of the doctrine have already been examined in both the Czech and Slovak geographical environment, there is still room for further and deeper investigation. In the paper, I focus on an analysis of neoliberal principles and their reception in the various texts of the three popes: Saint John Paul II, Benedict XVI, and Francis, respectively. I try to highlight that in their numerous statements (expressed implicitly or explicitly in the encyclical letters, apostolic exhortations, addresses, and homilies) we cannot see any indications of a shift towards a neoliberal political ideology. On the contrary, all the aforementioned popes have far from neoliberal accounts in their written expressions or unwritten statements. Moreover, they criticize economic inequality, unemployment; emphasize the role of the state in the economy, the primacy of man over any profit-seeking activities, the primacy of work over capital, and the need for achievement (global) solidarity. All these features of the Catholic Social Doctrine seem to be in contrast with neoliberalism.
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