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Begins to exhibit his work in Beginning in the year , he regularly travels to Orient, in particular, to China. In , , and , he takes part in the Biennal in Venice and in numerous other international events devoted to contemporary visual arts. In , he holds a retrospective exhibit of his work at the Folkwang Museum in Essen. Olivo Barbieri seit , Museum Folgwan, Essen Artificial Illuminations, Smithsonian, Washington, D.
Virtual Truths, Silvana Editoriale, Milano Notsofareast, Donzelli, Roma In this region it is still possible to find large numbers of surviving menhirs--the towering stones that were shaped and placed on end, no doubt with prodigious effort, so that they stand three to six meters in height. It is difficult to know what impulse lay behind the raising of these enormous stones, but it must have been a powerful urge: in the area around the town of Carnac, over 3, can still be seen, arrayed in rows that extend for several kilometers.
It takes only a slight imaginative effort to see these megaliths as the ancestors of the soaring buildings that have come to define Shanghai in recent years. Since Barbieri first visited Shanghai in , over 1, skyscrapers have been constructed there—one of the most extraordinary building programs in history. His inquiry into the built environment has led him to explore the towns and cities of his native Italy, as well as those of France, Belgium, England, Japan, China, Taiwan, Egypt, Canada, and the U.
His work seems to grow out of an almost anthropological curiosity about the current manifestations of a basic human drive: the desire to erect monumental structures and create densely textured urban environments. It turned out that the results of this approach showed a world which seemed absolutely phantasmagoric and unreal.
His photographs of small towns along the border of France and Belgium, for example, made in the early s, mainly use the accepted idiom of modern documentary photography; they are objective, understated, sensitive to local detail, alert to traces of the past, and marked by a subtle visual wit. Even here, however, Barbieri's expressive approach to nighttime color photography was beginning to lend an unexpected life to the scenes before his lens.
Increasingly in the past decade, Barbieri's images of urban spaces have veered from the coolly objective stance favored by such contemporary photographers as Thomas Struth, Gabriele Basilico, and Ryuji Miyamoto. Barbieri's photographs instead joltingly amplify the mood of absurdity and unreality that is so often encountered in the global cities of the present. Barbieri has acknowledged that, for him, the dreamlike urban scenes painted by Giorgio de Chirico in the early 20th century have become more important touchstones than the dispassionate photographs made by the classic American documentarian Walker Evans in the s.
Determined to fashion a photographic language able to convey the hallucinatory quality that he finds everywhere in the modern urban world, Barbieri has been a consistent visual innovator. His most distinctive works result from his turning two photographic "mistakes" into signature expressive devices. In his "Artificial Illuminations" series of the early s, he exploited the technical peculiarity that photographic film "sees" the color temperature of different kinds of artificial lights in ways that do not correspond to human vision.
By choosing nighttime scenes filled with a mix of incandescent, fluorescent, and natural lights—the kinds of scenes that any professional photographer would instinctively avoid-- Barbieri produced city views marked by astonishing collisions of color: hot pink or magenta skies, for instance, seem to float above city streets illuminated by unnatural green or blue hues. In the late s, he also began to experiment with a special tilt-shift lens that enabled him to throw portions of the camera image intentionally out of focus.
The resulting photographs look amazingly like images of tabletop architectural models. Barbieri, however, was photographing actual city scenes, which his split-focus technique caused to resemble miniaturized models. As a consequence, we are persuaded to regard the city not as something "set in stone" and fixed forever, but as an entity imaginatively created and infinitely malleable. These visual devices, and others, are on display in Barbieri's book NotSoFarEast, a selection of the photographs that he made in China the previous year.
Although he spent time in such places as Beijing, Shenzhen, Tianjin, Suzhou, Qufu, Wuxi, Linyi, and Jinan, it is Shanghai that really commands Barbieri's attention in this book, accounting for almost half of the 47 works reproduced. In NotSoFarEast, Barbieri's Shanghai photographs register the results of a decade of frenzied urban construction, revealing the emergence of a breathtaking, hyper-modern urban space.
Barbieri certainly shows us the remnants of the austere s concrete skyscraper style still found near the Bund, but he also points out such uninhibited recent concoctions as the Radisson New World Hotel on People's Square, on whose summit an oval-shaped flying saucer seems to have landed it is in fact a revolving restaurant. We also see the glimmering glass-and-steel towers of the new financial district, Pudong; the labyrinthine elevated highways that now link formerly distant city sections; and enormous advertising signs that proclaim the arrival in China of global consumer products such as Coca-Cola and Pepsi.
Among all of the monumental new constructions, only one photograph in the book offers a hint of familiar human presence: a view of an older six-story apartment complex where laundry is still casually hanging from the windows. All three of these short films were shot by Barbieri from a helicopter, and together they form a remarkable trilogy. Each film dispenses with a conventional storyline in favor of a sequence of loosely organized yet richly associative images. The result is a fascinating speculative vision of the global urban condition in the early 21st century.
Clearly aware that the advent of railroads and automobiles has utterly reshaped the city during the past years, Barbieri follows the ribbonlike railway lines and elevated highways that now demarcate the city's parameters. Las Vegas, Barbieri says, "is very much like Rome, a theme park of the history of architecture.
We fly past refabricated o prefabricated??? Overall, Las Vegas is presented as a realm of total, freewheeling artifice, where the historic architecture of the past has been consumed and recycled as fantasy. The town's utter detachment from the rest of the world is suggested by the opening shots of the film, which detail the parched desert that surrounds it, and by the unexplained sounds of unseen explosions that recur during the film--ominous echoes, perhaps, of the war taking place in the Iraqi desert half-way around the world.
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What follows is an aerial examination of one of the world's most breathtaking urban spectacles, a hyper-city of 17 million that Mao would scarcely recognize. Surprisingly, Barbieri entirely avoids Shanghai's most celebrated architectural sites. All that has been ruthlessly excised, suggesting that Barbieri feels it is somehow a distraction from the most original aspects of Shanghai's character.
We see a sprawling, shapeless, ungraspable city--an almost living creature of pure expansive energy that is pushing relentlessly outward to the peripheries and upward to the heavens. Usually we are flying so high, in order to stay clear of the bristling thicket of high-rises, that pedestrians cannot even be made out below. Rome offers a deft interweaving of antiquity and modernity; Las Vegas parades a host of knock-offs of the world's architectural monuments in the Nevada desert; and Shanghai's relentless rush to modernization erases all traces of the past.
Which of these possibilities, Barbieri asks us to imagine, will emerge as the model for the new cities of the 21st century? Expone sus primeras obras en En comienza a viajar frecuentemente a Asia, sobretodo a China. En , presenta una retrospectiva de su obra en el Museo Folkwang de Essen.
Artificial Illuminations, Smithsonian, Washington D. Normalmente volamos tan alto —para evitar el espeso bosque de espigados edificios—, que ni siquiera podemos divisar los peatones.
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Normally, those laws related to such both topics enjoy a large margin of discretion. Nonetheless, this topic has a direct impact on the fundamental human rights recognized by the Constitution. In this paper we will analyze the different results to which legal arguments on these topics can lead, depending on whether these fundamental human rights are or not to be considered a criterion both to regulate such topics and to decide on the controversial problems that may arise from them.
Constitutional Law in the Field of BioLaw BioLaw consists of a wide range of rules of different nature constitutional, civil, criminal, commercial, and so on , which at the same time have a close relationship with Bioethical principles. From such a perspective, the first challenge to be faced by Constitutional Law is to determine which specific role it plays within this range of rules conforming BioLaw. The main function of Constitutional Law is to guarantee the respect for individual personality in terms of both medical technology and biomedical research at the highest level of the legal system.
By personality we understand the set of qualities defining the individual as a human being gifted with a specific unique individuality, willing to make their own free decisions, and with the ability to put such decisions into practice. The development of both medical treatments and biomedical research has certainly largely contributed to achieving higher levels of dignity and a better quality of life.
Medical research has been the unquestionable key to such advances. In fact, medical research is the activity on which many persons suffering from diseases that at the present time have no cure pin their hopes. They have not given up hope of finding a more effective treatment for their disease in the future. The hopes they have pinned on both mother cell experiments and the development of gene therapies are probably the best sign of this. The advance in cosmetic surgery and assisted reproduction techniques is a clear example of the contributions of this medical area of specialization to achieving higher levels of self-satisfaction and self-fulfillment, which one could not even imagine could exist in the past.
However technical advances in Medicine as well as new medical research techniques can also danger human dignity. On one hand, current medical treatments sometimes present such a high level of sophistication that they put those patients under treatment at considerable physical and moral risks. On the other hand, the sophistication of the medical equipments available for diagnosis, the treatment itself and the recovering phase make those patients on which such techniques are to be applied face elements whose potentiality they are not able to understand, and which, on some occasions, subject them to such sacrifice and suffering that they even question the idea of human dignity.
In addition, experiments made with human organic material such as embryos, genes or mother cells can pursue goals contravening human dignity. Thus medical practice and research seem to constitute two ambivalent phenomena. On one hand, new treatments and experiments can lead to increasingly relevant advance in terms of human dignity, and at the same time danger their main objective, that is, such human dignity itself.
The challenge consists in limiting such treatments and experiments so that the risks these can imply for human dignity are not materialized, and at the same time both giving those patients who can take advantage of such treatments the opportunity of making use of them, and letting other patients avoid the potential problems these may bring to them. The main contribution of Constitutional Law to the norms regulating medical practice and research consists in imposing States the need to consider the individual as one of the active elements of the relationship originated from both the application of such treatments and the development of such experiments.
This means the need to consider the individual not just as a simple living being, from a psychological perspective, but accepting the fact that the individual suffering the effects of such medical treatments keeps their capacity to do their own free will and to make their own free decisions. In addition, taking Constitutional Law into account means the need to both avoid the use of an abstract concept of the individual as the object of treatments or experiments, and consider the patient as an unequalled individual whose uniqueness may be affected by such treatments and experiments.
The best guarantee for the individual is therefore to constitutionalize their status in those relationships in which they take part as a consequence of both the application of medical treatments and the development of medical research. The legal instrument to be normally taken into account in order to constitutionalize the status of the individual in such relationships is the fundamental human rights recognized by the Constitution of every State.
The individual being understood as an active subject of the relationships derived from the application of medical treatments and the development of medical research is actually the holder of such fundamental human rights. Thus fundamental human rights act, on one hand, as the mediators between Bioethics and International Law, and on the other hand among the reality resulted from the relations between medical practice and research.
It is known that the development of both medical practice and research has been the object of a number of studies carried out in the field of Bioethics , and that such studies have resulted in certain principles that, according to experts, should be analyzed in the practice of such disciplines. However such principles need to be converted into State rules so that they acquire an obligatory nature within States.
Fundamental human rights are the vehicle by means of which such ethical principles can be incorporated into the State Law as elements to be respected by both doctors and researchers. On one hand, these principles can be utilized as elements for interpreting fundamental human rights, which, as such, can find new operative fields in the light of bioethical considerations. On the other hand, only those ethical principles compatible with the content of fundamental human rights can be applied to regulate and limit the access to medical practice and research from a constitutional perspective.
Furthermore, only those bioethical principles that are compatible with fundamental human rights can be incorporated into the legal norms regulating such medical treatments and research. In addition, Constitutional Law establishes the procedure by means of which the international regulation over human rights as well as the interpretation given by international courts and advisory committees European Court of Human Rights, United Nations Human Rights Committee can be incorporated into Domestic Law as binding legal norms within a national framework.
On certain occasions, Constitutions provide immediately those rights recognized by international treaties and agreements and ratified by States with the nature of human rights within a national framework.
On some other occasions, Constitutions determine the need to interpret the human rights recognized by them in accordance with the State-ratified international treaties and agreements. Such is the case of Article In these cases, treaties cannot be considered as the origin of new fundamental human rights. However they can constitute an important criterion for interpreting the content of the human rights established by the Constitution. Besides, the function of interpreting these human rights is also under the jurisdiction of the jurisprudence dictated by the international courts and advisory committees that put into effect such international texts.
It is important to take this into account since the norms that have most greatly developed the regulation of the human rights in the field of Medicine and biomedical research from a legal point of view are within an international range of operation. Amongst these norms it is important to mention the Convention for the Protection of Human Rights and Fundamental Freedoms regarding Biology and Medicine Applications, issued in Oviedo on 4 April , as well as the Protocol added to the above mentioned Convention, which prohibits human clonation, issued in Paris on 12 January Such both Protocols have recently been complemented with both the additional Protocol concerning the transplantation of organs and tissues of human origin, issued in Strasbourg on 24 January , and the additional Protocol concerning biomedical reasearch, issued in Strasbourg on 25 January Thus Constitutional Law becomes the legal discipline responsible for establishing the means by which International Law norms can have legal validity within States.
Constitutionalizing the individual status in this field means accepting the fact that the individual under medical treatment and biomedical research is the holder of a fundamental legal status, which consists of those fundamental human rights providing them with a space for autonomy allowing them to make their own free decisions in accordance with their own personal individual options. This space for autonomy is to be respected by all the underconstitutional State norms. The Constitution guarantees the individual a space for autonomy and self-determination with regards to medical treatment.
This space for autonomy cannot be disregarded or limited either by doctors —in the interests of the application of traditional medical patterns guided by the principle of beneficiency—, or by the norms regulating medical practice and research. Fundamental human rights arise as a guarantee for those individuals whose personality is against the majority. This means that, in terms of politics, fundamental freedoms are a guarantee for persons before the norms and decisions established by States, even though such norms and decisions may have been adopted by institutions representing the interests of a majority.
Incorporating the use of legal relations into the field of Constitutional Law leads unavoidably to the need to analyse rights, goods and values that might be embroiled in controversy in certain situations since fundamental human rights can only be limited by the necessity of assuring other fundamental human rights, goods or values either recognized by the Constitution or derived from it. This traditional model of relationship between doctor and patient has slowly changed over the years, motivated especially by the jurisprudence that gave rise to the concept of informed consent as a requirement for medical treatment.
Nevertheless the concept of informed consent has consolidated once the jurisprudence has established a connection between the need to inform the patient and being given their consent, and the guarantee of their fundamental human rights. Thus the principle of benecifiency in medical practice has been recognized by a model that accepts the autonomy of the patient. Constitutionalizing the relationship developed during the application of medical treatment means, on one hand, accepting the fact that the individual keeps on having their fundamental human rights in the course of such relationship, and therefore keeps on being capable of exercising their right to ideological freedom and privacy, which is influenced by the application of such medical treatment.
On the other hand, it also means accepting that fact that the patient plays an active role in the relationship developed with the medical practitioner, and that they keep on having the right to exercise their capacity to make their own free voluntary decisions with regards to the medical treatment proposed by the doctor. Thus, the individual maintains a space for self-determination in terms of their relationship with the doctor.
This space for autonomy is determined by the content of their fundamental human rights, which permits them either to make their own free voluntary decisions on the different medical treatments proposed by the practitioner, or to refuse these according their own criteria. Thus informed consent is the result of joining two different elements together: consent and information. Thus a further step is taken in relation with previous jurisprudence, which held doctors liable for acts performed only if the operation resulted in a physical damage upon the patient.
Harper ], or from the liberty interest and the right to a fair trial under the Sixth Amendment [case United States v.
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Riggins ]. This is inferred from both their fundamental human right to bodily integrity and the liberty interest related to the right to the due process of law under the Fourteenth Amendment. Bergstedt in November , Nevada Supreme Court authorized to turn off the ventilator from a young woman suffering from tetraplegia. On one hand, those decisions that —in accordance with the traditional doctrine— require that, for the patient to have the right to receive compensation, non consented medical treatment be the cause of the damage.
In the case of Pretty v. Both courts relate the right to informed consent with the right to physical integrity. The most significant case is that of Jehovah's Witnesses, who do not give consent to be injected a blood transfusion —not even when there are no other alternative medical treatments for their illness. Besides, there are other sects and confessions that reject all types of medical treatments.
This is the case, amongst others, of the followers of the Church of Christ Science. Thus their wishes are to be fulfilled even if they may no longer be able to make such decisions for themselves. For instance, in the case of Jehovah's Witnesses or the followers of other sects who because of religious reasons reject certain medical treatments, judicial authorities usually authorize the application of such medical treatments to those under age, even when their parents object it.
Doctors had diagnosed the need for the child to have a blood transfusion. Both the child and his parents rejected the transfusion, and the first hospital where the child was taken asked a Judge for an authorization to inject the child the blood transfusion. However doctors could not execute the judicial order due to the strong opposition on behalf of the child. After a number of incidents, the child was eventually taken to another hospital where doctors injected him a blood transfusion in accordance with another judicial order.
In the case of an under age that is not incompetent or incapacitated, and is emancipated, or aged 16 or over 16, there is no place for consent to representation. The most significant case regarding this matter has been that of Schiavo. Theresa Schiavo had been in a persistent vegetative state since In her husband obtained a court resolution authorizing the medical team to remove her life-sustaining feeding tube. In the Congress of Florida passed a bill empowering Governor to operate ahead of certain judicial orders, and being specifically aimed at analysing the case of Schiavo, who for the second time had been disconnected on 15 October the tube had been disconnected for the first time in but the judicial decision was declined by another court just two days later.
On 23 September the bill was declared to be unconstitutional by Florida Supreme Court. On 18 March the feeding tube artificially provided sustenance and hydration was removed from Theresa Shiavo by judicial command, and she died on 31 March of the same year. In fact, Mrs Schiavo had not left written instructions about her wishes in case such a situation occurred but her husband affirmed that she would have never wished to be artificially sustained alive while being in such a vegetative state and with no hope of rehabilitation.
By no means such disposition constitutes a subjective right implying the possibility of mobilizing support by public authorities to fight opposition to the wish of dying, and in no way it constitutes a fundamental subjective right by means of which such possibility may extend its scope of action to fight even the opposition of the legislator, who is not allowed to restrain the fundamental content of such right.
United Kigdom. As a result, the prisoner is free to go on a hunger strike —as it had happened in the case resolved by the above mentioned judgement—, but at the same time the Administration is allowed to feed the prisoner against their wishes, even though the force-feeding technique may affect their physical integrity. El Derecho Constitucional en el marco del Bioderecho El Bioderecho es un conjunto amplio de normas de distinta naturaleza constitucionales, civiles, penales, mercantiles, etc.