Interesting constitutional law

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eurodominican

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Residencies : Dominican Constitution Art. 42

Art?culo 42.- Derecho a la integridad personal. Toda persona tiene derecho a que se respete su integridad f?sica, ps?quica, moral y a vivir sin violencia. Tendr? la protecci?n del Estado en casos de amenaza, riesgo o violaci?n de las mismas. En consecuencia:
1) Ninguna persona puede ser sometida a penas, torturas o procedimientos vejatorios que impliquen la p?rdida o disminuci?n de su salud, o de su integridad f?sica o ps?quica;
2) Nadie puede ser sometido, sin consentimiento previo, a experimentos y procedimientos que no se ajusten a las normas cient?ficas y bio?ticas internacionalmente reconocidas. Tampoco a ex?menes o procedimientos m?dicos, excepto cuando se encuentre en peligro su vida.

Translation by me.........?:

Right to personal integrity. Everyone has the right to be respected their physical, mental, moral and to live without violence. It will have state protection in cases of threat, risk or violation thereof. Accordingly:

1) No one shall be subjected to punishment, torture or degrading procedures involving the loss or impairment of health, or physical or mental integrity;

2) No one shall be subjected without prior consent, experiments and procedures that do not conform to standards internationally recognized scientific and bioethics. Neither medical tests or procedures, except when it is life threatening.

So, how is it possible that migration can take blood and x-rays against this constitutional law?
 
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Lobo Tropical

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Life

eurodominican said:
Residencies : Dominican Constitution Art. 42

Art?culo 42.- Derecho a la integridad personal. Toda persona tiene derecho a que se respete su integridad f?sica, ps?quica, moral y a vivir sin violencia. Tendr? la protecci?n del Estado en casos de amenaza, riesgo o violaci?n de las mismas. En consecuencia:
1) Ninguna persona puede ser sometida a penas, torturas o procedimientos vejatorios que impliquen la p?rdida o disminuci?n de su salud, o de su integridad f?sica o ps?quica;
2) Nadie puede ser sometido, sin consentimiento previo, a experimentos y procedimientos que no se ajusten a las normas cient?ficas y bio?ticas internacionalmente reconocidas. Tampoco a ex?menes o procedimientos m?dicos, excepto cuando se encuentre en peligro su vida.

Translation by me.........?:

Right to personal integrity. Everyone has the right to be respected their physical, mental, moral and to live without violence. It will have state protection in cases of threat, risk or violation thereof. Accordingly:

1) No one shall be subjected to punishment, torture or degrading procedures involving the loss or impairment of health, or physical or mental integrity;

2) No one shall be subjected without prior consent, experiments and procedures that do not conform to standards internationally recognized scientific and bioethics. Neither medical tests or procedures, except when it is life threatening.

So, how is it possible that migration can take blood and x-rays against this constitutional law?
Click to expand...

On paper you have the right to many things and then there is real life.:nervous:
 
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CaptnGlenn

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if you agree to the test, it's not against the constitution (as you have translated it)

I don't think it says you have the RIGHT to obtain citizenship or residency without the tests.

in other words... you want residency??? fine... take the test... your call. don't want the test??? fine... no residency for you. simple as that.

NO SOUP FOR YOU!

[video=youtube;kNwbjcuQUv8]http://www.youtube.com/watch?v=kNwbjcuQUv8[/video]
 
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eurodominican

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CaptnGlenn said:
if you agree to the test, it's not against the constitution (as you have translated it)

I don't think it says you have the RIGHT to obtain citizenship or residency without the tests.
Click to expand...

Quote: Right to personal integrity. Everyone has the right to be respected their physical, mental, moral.
Does't the constitution is above what a few politicians might invent over night? But Lobo Tropical said it already: Real live here is a bit different.

 
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Givadogahome

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I can do a little better than that for you.
Article 42. Right to personal integrity.

All persons have the right to have their physical and moral integrity respected and to live without violence. All persons shall be protected by the state from any threat risk or violation thereof. Therefore;

1) No person shll be subjected to punishment, torture or humiliating procedures entiiling the loss or diminution of his or her health or his or her physical or psychological integrity.

2) Domestic and gender-based violence in any form is prohibited. The state shall guarantee by law the adoption of the necessary steps to prevent, punish and eradicate violence against women.

3) No one shall be subjected, without prior consent, to any experiement or procedure not compliant with internationally accepted scientific and bio-ethical standards; or to any medical procedure or examination, unless his or her life is in danger.
 
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eurodominican

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Perhaps, when foreigners would join together and hire a few good migration lawyers, they might be successful. Who knows? Anyway, it’s against their constitutional law.
 
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Givadogahome

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eurodominican said:
Perhaps, when foreigners would join together and hire a few good migration lawyers, they might be successful. Who knows? Anyway, it?s against their constitutional law.
Click to expand...

I don't see how you come to that conclusion at all. If you read it fully as I have written it is clear as day to me, they won't mistreat you, last I knew blood test was not torture.
Why would anyone object anyway, it's a blood test, so what, lifes too short.
 
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eurodominican

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Givadogahome said:
I don't see how you come to that conclusion at all. If you read it fully as I have written it is clear as day to me, they won't mistreat you, last I knew blood test was not torture.
Why would anyone object anyway, it's a blood test, so what, lifes too short.
Click to expand...

I have nothing against a medical test at all. Mather of fact is that I just finished a general medical checkup at HOMS in Santiago. And you don?t want to know what they all tried out with me LOL.

But this I did voluntarily and has nothing at all to do with the DR constitution. It?s just a matter of principles and law. BTW, my wife ( Dominican lawyer) came up with this article.

I?m not even talking about myself since I have my residence already for many years and consider myself almost a Cibae?o de pura sepa, even talking with the i instead of the r LOL.
 
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CaptnGlenn

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Givadogahome said:
I don't see how you come to that conclusion at all. If you read it fully as I have written it is clear as day to me, they won't mistreat you, last I knew blood test was not torture.
Why would anyone object anyway, it's a blood test, so what, lifes too short.
Click to expand...

absolutely agree.... PLUS the fact that nobody is holding a gun to a person's head to get the test. TOTALLY optional.
 
cobraboy

cobraboy

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