3 resultados para life as a legal concept

em Andina Digital - Repositorio UASB-Digital - Universidade Andina Simón Bolívar


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The mineral sector has an extreme strategic relevance for the social and economic development of any country. Therefore, proper management of existing mineral resources in a given area is closely linked to the full exercise of sovereignty. Thus, in pretending to guarantee efficient control of resources, the majority of the countries classify mineral resources as state property; however, because of the high cost and the risk involved, the economic exploitation of these resources is more efficient when driven by private initiative. Hence, the basic resource exploitation model is a modern legal concept in which the control over resources belongs to the State, but the direct economic exploitation of this heritage belongs to some individuals according to law and by offering the necessary social and economic counterparts.

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The present essay’s central argument or hypothesis is, consequently, that the mechanisms accelerating a wealth concentrating and exclusionary economy centred on the benefit and overprotection of big business—with a corresponding plundering of resources that are vital for life—generated forms of loss and regression in the right to healthcare and the dismantling of institutional protections. These are all expressed in indicators from 1990-2005, which point not only to the deterioration of healthcare programs and services but also to the undermining of the general conditions of life (social reproduction) and, in contrast to the reports and predictions of the era’s governments, a stagnation or deterioration in health indicators, especially for those most sensitive to the crisis. The present study’s argument is linked together across distinct chapters. First, we undertake the necessary clarification of the categories central to the understanding of a complex issue; clarifying the concept of health itself and its determinants, emphasizing the necessity of taking on an integral understanding as a fundamental prerequisite to unravelling what documents and reports from this era either leave unsaid or distort. Based on that analysis, we will explain the harmful effects of global economic acceleration, the monopolization and pillaging of strategic healthcare goods; not only those which directly place obstacles on the access to health services, but also those like the destructuration of small economies, linked to the impoverishment and worsening of living modes. Thinking epidemiologically, we intend to show signs of the deterioration of broad collectivities’ ways of life as a result of the mechanisms of acceleration and pillage. We will then collect disparate evidence of the deterioration of human health and ecosystems to, finally, establish the most urgent conclusions about this unfortunate period of our social and medical history.

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When it comes to human rights, the first thoughts that come to mind are the rights to life, liberty or equality, among others, which possess the concept of being fundamental. Commonly, culture and heritage are not usually considered as rights; however, as well as there is the right to own legal identity, there is also the right to enjoy a cultural identity. This paper deals precisely with the study of culture and cultural heritage as a human right. Cultural heritage’s meaning concept is analyzed, its enclosure between fundamental rights and the way that it should be protected, essentially by the State. The Ecuadorian case is also analyzed around their legislation and cultural management, in order to assess the treatment that this right has been received in the country.