Journal articles on the topic 'Limitation of actions – Human rights'
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1
Slobodchikova, Svetlana. "Realization of the Rights of Convicts in the Russian Constitutional-Legal Model of Free Elections." Russian Journal of Criminology 13, no. 6 (December 26, 2019): 932–40. http://dx.doi.org/10.17150/2500-4255.2019.13(6).932-940.
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The author studies retrospective and modern categories of admissible limitations of the constitutional right of a person to elect others and to be elected for appointment into bodies of public authority and public offices if they have committed grave or very grave crimes. The author also gives a contemporary assessment of the normative introduction of such limitations in the election field taking into account the legal positions in international and Russian court practice. It is argued that the current Russian constitutional-legal model of free elections has an undifferentiated limitation of active suffrage for persons sentenced to a criminal punishment with a limitation of freedom. The author analyzes the court practice regarding the lawfulness and adequacy of undifferentiating limitation of suffrage rights of convicts, specifically, the legal position of the European Court of Human Rights and the Constitutional Court of the Russian Federation. It is shown that some regimes of incarceration should be transferred into alternative types of punishment that do not entail the limitations of active suffrage. It is stated that there could be more stringent limitation for the realization of passive suffrage than for realization of the constitutional right to elect representatives into bodies of public authority and public offices, especially in cases of grave and very grave crimes. The author concludes that the limitations imposed by the federal legislation regarding the constitutional right to suffrage for persons guilty of grave or very grave crimes is admissible, no matter if the criminal punishment for such publically dangerous and illegal actions is conditional or it is an actual imprisonment in a penitentiary institution.
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LITYNSKA, Y. G., and O. V. KARPENKO. "Self-isolation as an Anti-epidemiological Measure: Protection or Violation of Human Rights." Medicne pravo 2020, no. 2 (October 18, 2020): 49–66. http://dx.doi.org/10.25040/medicallaw2020.02.049.
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In this article we review the legal regulation of an obligation to self-isolatein Ukraine. For the period from 22 April 2020 till 22 June 2020 four groupsof persons were obliged to self-isolate due to COVID-19. These groups are:persons diagnosed with or suspected to have COVID-19, persons that havebeen in contact with those diagnosed with COVID-19, those who consentedto self-isolation when entering Ukrainian borders instead of being placed inspecial facilities, and everyone aged 60 and above. In the article, we analysewhether an obligation to self-isolate should be viewed as interference with the right to liberty and security or with the freedom of movement for eachof these groups. The analysis focuses on the Constitution of Ukraine and theEuropean Convention for the Protection of Human Rights and FundamentalFreedoms. We also study circumstances when the above-mentioned rights canbe limited lawfully in cases related to spread of infectious diseases, such asCOVID-19. This article questions if the actions of Ukrainian government andexisting legal regulation of obligatory self-isolation meet the requirements oflawful limitation of rights. Key words: self-isolation, right to liberty and security, freedom of movement,ECHR; COVID-19.
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Staniszewska, Lucyna, and Ucha Zakashvili. "Legal-comparative aspects of expropriations on the example of legal regulations in Georgia and Poland." Nieruchomości@ Specjalne, no. V (December 15, 2021): 377–88. http://dx.doi.org/10.5604/01.3001.0015.5923.
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In both the countries, i.e. Poland and Georgia, administrative bodies carry out expropriations not only on the basis of individual administrative acts, in accordance with the classic concept of expropriation, but also through planning acts. Derogation from this right in whole or in part is therefore a consequence of legal action of the administration. In the case of expropriation, deprivation of property may in fact “result from actions by the state which, although not directly aimed at depriving the owner of its property rights (in other words, as a result of which the owner does not lose their legal title to the property), yet they have the same effect, not only in fact, but also in law, as expropriation in the formal sense” . However, such significant public interference is not considered expropriation and is therefore not accompanied by any adequate compensation. In its jurisprudence, the European Court of Human Rights regularly emphasises that in order to assess whether an expropriation has taken place, one should rely not only on formal but also material considerations, and the limitation on the possibility of exercising this right by the local spatial development plan meets the conditions for interference with the ownership of real estate within the meaning of Article 1 of Protocol No. 1 to the European Convention on Human Rights.
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Suntoro, Agus, Nurrahman Aji Utomo, and Sapto Hermawan. "THE EXIGENCY OF HUMAN RIGHTS APPROACHES IN THE INTERCEPTION OF COMMUNICATION BILL: An Effort to Strengthen the Indonesian Criminal Justice Systems." Jurnal Hukum dan Peradilan 9, no. 2 (September 17, 2020): 186. http://dx.doi.org/10.25216/jhp.9.2.2020.186-210.
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Tapping in a human rights perspective is a form of limitation of the right to privacy. As an effort to guarantee human rights protection, tapping as a part of The Interception of Communication Bill arrangements must be following the principles of human rights restrictions. Some of the anomalies in The Interception of Communication Bill appear in vague forms and open up the broad ways of potential violations of individual rights. For this reason, the principles of legality and prudence as a form of control over government actions need to offset the urgency of tapping. Data collection methods use discussions and interviews to enrich and test secondary data findings. This research stipulates that The Interception of Communication Bill use tapping as an induced instrument in criminal law enforcement. At the same time, tapping is regulated regardless of the readiness of the legal apparatus; this naturally raises technical problems in the matter of implementation and opens the door to abuse of authority. Furthermore, based on the need for comprehensive regulation, it is necessary to look at a comprehensive regulatory scheme in the legal system. The functional control that is in line with the tapping mechanism needs to look at the character of the Indonesian criminal justice system.
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VARLAMOVA, NATALIA V. "DIGITAL RIGHTS — NEW GENERATION OF HUMAN RIGHTS?" Proceedings of the Institute of State and Law of the RAS 14, no. 5 (December 12, 2019): 141–67. http://dx.doi.org/10.35427/2073-4522-2019-14-5-varlamova.
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Among the digital rights, besides the right for internet access that was the subject of consideration in the first part of the article, there are also a right to per-so nal data protection and a right to be forgotten (right to erasure).The right to personal data protection is usually enshrined at the supranational and national levels and is protected by the courts as an aspect of the right to privacy. As an independent fundamental right of a constitutional nature the right to personal data protection is enshrined in EU law. Nevertheless, all attempts to doctrinally justify the existence of certain aspects of this right, beyond the claims to the right to privacy, can not be considered successful. The Court of Justice of the EU, while dealing with the relevant cases in order to determine whether certain methods of processing personal data are legitimate, also refers to the right to privacy, considering these rights to be closely interrelated. The right to personal data protection provides additional (including procedural) guarantees of respect for privacy, human dignity and some other rights, but the purpose of these guarantees is precisely the content of the providing rights. The right to be forgotten (right to erasure) is one of the positive obligations with regard to the personal data protection. This right implies correction, deletion or termination of the processing of personal data at the request of their subject in the presence of a reason for this (when the relevant actions are carried out in violation of the principles of data processing or provisions of the legislation). Analogs of this right are the Latin American orders of habeas data, as well as the right of a person to demand the refutation of information discrediting his honor, dignity and business reputation, in case of their inconsistency with reality under civil law and the legislation on mass media. In digital age the importance of this right is increased by the fact that information posted on the Internet remains easily accessible for an indefinite, almost unlimited, time.This caused the extension of the right to be forgotten to information that is consistent to reality, but has lost its relevance and significance, however, continues to have an adverse impact on the reputation of the person concerned. At the same time, the realization of the right to be forgotten in respect of information posted online is connected with a number of technical problems that require legal solutions.In general, digitalization does not create new human rights of a fundamentally different legal nature. It only actualizes or smooths certain aspects of long-recognized rights, transfers their operation into the virtual space, creates new opportunities for their realization and generates new threats to them. Ensuring human rights in modern conditions involves the search for adequate legal solutions, taking into account the opportunities and limitations generated by digital technologies.
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Zhebit, A. "Human Rights in a Pandemic." Outlines of global transformations: politics, economics, law 13, no. 5 (November 27, 2020): 219–52. http://dx.doi.org/10.23932/2542-0240-2020-13-5-13.
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The article is focused on the problem of human rights (HRs), limited or derogated from, due to the Covid-19 pandemic. While addressing some HRs limitations, derogations and even abuses, and their consequent problems, the aim is to try to analyze policy, social, moral and personal dilemmas of HRs restrictions as well as motivations behind the types of public and social behavior, in the course of the pandemic, in response to the public measures of sanitation, social distancing and confinement, travel restrictions and social assistance, recommended by the WHO and selectively followed by governments. Learning from some old experience and deriving new lessons from the pandemic, as well as from public and social actions and reactions, the purpose of the present article is to assess whether or not public health policies in this context, implemented nationally or internationally, can promote change in the HRs paradigm in the face of the existing dilemmas and dichotomies in HRs, aggravated by the pandemic. The conclusion is that the extant HRs paradigm should be redefined to address better the political, social, economic, environmental and, especially, existential exigencies of “rainy times”, thus leading to the creation of a new universal HRs code or to harmonizing the existing one.
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Iksanov, I. S. "The Role of the European Court of Justice in the Protection of Human Rights and Freedoms." Humanities and Social Sciences. Bulletin of the Financial University 9, no. 3 (December 4, 2019): 73–76. http://dx.doi.org/10.26794/2226-7867-2019-9-3-73-76.
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The article discusses the role of the European Court of Justice, the specifics of its activities, and its goals. The author also touches upon the historical aspect of the development of the European Court. According to the author, the European Court of Justice has had a beneficial effect on the development of the rights granted by Union citizenship. The actions of the European Court of Justice have created new ground for persons with Union citizenship, increasing access to social benefits beyond the rights of economic migrants, for all those who exercise their European rights. The European Court of Justice sought to allow students to travel for their education, looking for new ways to ensure their free movement and learning with funding in the event of unforeseen events. It is essential that the court focuses on three core values so that citizenship does not become a limitation: nondiscrimination, the right to freedom of movement and the right to family life. The European court of human rights is an international judicial body; its jurisdiction extends to all member States of the Union. The main thing for the European Court of Justice is to ensure compliance with and enforcement of the Convention by the States parties. Also, when considering cases, the Court can point to gaps in legislation and issues concerning law enforcement practice, positively influencing law enforcement policy and legal proceedings, and, as a result, contribute to the improvement of the law enforcement system. This article reflects the activities of the European Court of Justice aimed at identifying the problematic aspects of the legislation of the European Union.
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OPOLSKA, Natalya. "LIMITATION OF THE RIGHT TO FREEDOM OF CREATIVITY IN PRECEDENTIAL PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS." "EСONOMY. FINANСES. MANAGEMENT: Topical issues of science and practical activity", no. 1 (41) (January 2019): 187–200. http://dx.doi.org/10.37128/2411-4413-2019-1-15.
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The article examines the main criteria for the legitimacy of restriction the right to freedom of creation in the practice of the European Court of Human Rights, in particular, legitimacy (legality) – the restriction of the right to freedom of creation should be provided for by international and national legislation, the purpose of which is to restrict the right to freedom of creation to be justified, coherent purpose, consistent with the principle proportionality and not to go beyond the bounds of necessity; content – restrictions on the freedom of creation can not be interpreted expanded, correspond to the basic content of freedom of creation and its social purpose. It has been determined that in the practice of the European Court of Human Rights there are various legal positions regarding the restriction of the right to freedom of creation. In order to streamline the practice of applying the Convention, since compliance with the precedent not only meets the requirements of the independence and impartiality of the Court, but also reflects the very essence of judicial policy, consider the most typical decisions of the ECtHR in complaints about limiting the right to freedom of creation. It is concluded that in each case dealt with by the ECtHR, there are grounds for making a decision both in favor of the complainants and in support of governments for limiting the freedom of creativity. The importance of the above mentioned restrictions on the right to freedom of creativity in the case law of the European Court of Human Rights is that: - first, they relate to pressing issues concerning the restriction of freedom of creation, as the competence of the right to freedom of expression, which is enshrined in Art. 10 of the Convention; - second, in the cases cited above, the ECtHR ruled that convictions were not in these cases in violation of Article 10 of the Convention and supported the position of national courts in interfering with freedom of expression of the arts; - Thirdly, the decision of the ECHR points to the absence of a single international concept of "public morality", from which it can be concluded that it is expedient to determine the general tendencies in the development of modern morals of mankind; - fourthly, the decision of the ECtHR in complaints concerning the restriction of the right to freedom of creativity, which infringes religious feelings of the population, norms of social ethics and morals, provided that the state intervention was carried out with a high degree of conviction in its expediency, the court turns to the side national courts. Relevant restrictions on the freedom of creativity are considered legitimate if they are aimed at preventing neglect of the feelings of national minorities or believers in protecting the most vulnerable categories of the audience (children) if there is a danger that they may have access to this information. However, we are talking about well-considered decisions, since under the same slogans censorship and other undemocratic institutions can be introduced, and here the important point of the ECHR as a guarantor of the Convention is considered. It is determined that in the European legal tradition, the freedom of creativity is closely connected with the restrictions, the need for which must be proved with a high degree of their legitimacy (legality), proportionality and expediency (purpose). The analysis of judgments of the European Court of Human Rights concerning the violation of Article 10 of the Convention made it possible to summarize the case law of the ECHR in the area of restricting the right to freedom of creation and to divide it into three groups, depending on the grounds for interference of the states in the freedom of creativity: Restriction of the right to freedom of creativity in order to protect health; Restrictions on the right to freedom of creativity that are necessary in a democratic society in the interests of national security, territorial integrity or public security, in order to prevent riots or crimes; Restriction of the right to freedom of creativity in order to protect the reputation or rights of others. When restricting the right to freedom of creativity in order to protect the health or morals of others, the case law of the ECtHR recognizes a broad discretion by the states. In resolving the question of the limits of state intervention in order to protect public morality, the Court proceeds from the absence of a single coherent international concept of "public morality". The limits of freedom of creativity are set by the states in accordance with the norms of social ethics and morals. Relevant restrictions on the freedom of creativity are considered legitimate if they are aimed at preventing neglect of the feelings of national minorities or believers, to protect the most vulnerable categories of the audience (children), etc. (“Müller and Others v. Switzerland”, "Handyside v. Great Britain", "Otto Preminger v. Austria"). The restrictions on creativity in the practice of the ECHR in cases involving encroachments on the democratic foundations of society in the interests of national security, territorial integrity or public security, in order to prevent riots or crimes are relatively narrower. The precedent of such decisions in assessing the validity of government actions, their determinants of urgent social need, proportionality and compliance with the legitimate aim. When interfering with the right to freedom of creativity, an analysis of the balance between the restrictions that are necessary in a democratic society and the right to freedom of expression are considered. Summing up the practice of the ECHR concerning restrictions on the freedom of creativity that are necessary in a democratic society.
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Kulesza, Jan. "Społeczne niebezpieczeństwo czynu jako warunek kryminalizacji." Nowa Kodyfikacja Prawa Karnego 43 (May 16, 2017): 327–47. http://dx.doi.org/10.19195/2084-5065.43.18.
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Criminalization conditioned by a social threatA human action in order to be criminalized must be deemed socially harmful. In the social realm it is necessary to identify an action perceived as potentially harmful to legally protected values, that is one infringing upon them or threatening them to a degree exceeding socially accepted limits, one that is required or expected to be criminalized. The social threat as a particular characteristic of a human action serves as the broadest justification hence a verification and a rationalization of a criminal prohibition. The presumed abstract social harm a threat of an action which is to be criminalized serves as the lawmaker’s prerequisite for criminalization. Its constitutional foundations lie in the principles of a democratic state and the consecutive principle of proportionality is perceived broadly as a guarantee against the criminalization of actions that do not pose a social threat or ones that exercise individual rights and freedoms granted within the constitution. Penalizing actions that pose no social threat is a violation of the constitution. The notion of a social threat plays therefore a dual role. It obliges t he lawmaker to act in cases when the threat to individual rights and freedoms exceeds the socially acceptable level, including the obligation to introduce criminal measures against any particularly harmful infringement of those rights, but also the need to intervene in order to protect the values shared within a society. In the latter case the potential criminalization is originated within the principles and values expressed in Articles 2 and 5 of the Polish constitution. On the other hand, the potential social harm of an action serves as a safeguard against a too far reaching legal interference in individual rights and freedoms. This purpose is expressed in Article 31 para. 3 of the constitution. This limitative clause is to warrant the right balance between the protection of individual rights and freedoms or the protection of shared social values and state interference in those individual rights and freedoms necessary to ensure such protection.
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Tsololo, V., and D. Filipskyi. "Human rights as a tool limiting state power." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 84–88. http://dx.doi.org/10.24144/2307-3322.2021.69.13.
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This article is devoted to the study of the limitation of state power through the concept of human rights. Numerous scientific researches and publications are devoted to the question of the balance of interests of the state and the person, the main purpose of which is to try to find and establish parity and balance between private and public. Speaking about human rights as an instrument of limiting state power, based on the idea that in today's world there are almost no absolute, unlimited rights, the authors emphasize the importance of restrictions imposed by the state, which must be commensurate and established by law. The article discusses the need to establish and have clear criteria for restricting human rights at the legislative and constitutional levels. This will be a guarantee against arbitrary actions of the state to reduce the scope of law enforcement of the individual and will act as a safeguard (factor) of limiting state power. In their work, the authors highlight the elements that form the basis and underlying the concept of restricting human rights and emphasize the positive and negative obligations of the state, as those that set the boundaries of public authority. Considering this issue, the authors explore the priority of human rights and refer to the rule of recognizing each individual as a full participant in legal relations, along with the inadmissibility of the individual as the object of such interaction, obliging public authorities to respect self-realization. The relevance of this publication indicates the need to find a balance and clearly delineate and distinguish the boundaries, elements, criteria and relations between man and the state, which is the guarantor of the realization and inviolability of rights, and in case of such violation - the guarantor of their protection. Nowadays, this topic is especially relevant for modern democratic societies, given the constant expansion of human rights, the practice of international (European) and national courts. Thus, the best possible understanding of the content of the concept of human rights as an instrument of limiting state power will promote their proper implementation and act as a guarantor of their security.
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Burin, Achas K. "The positive duty of prevention in the common law and the Convention." Legal Studies 40, no. 2 (November 27, 2019): 209–29. http://dx.doi.org/10.1017/lst.2019.22.
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AbstractTwenty years after the Human Rights Act 1998 came into force, where are we in our understanding of the relationship between tort and human rights? This paper argues that we are not as far along in our understanding as we could be. The reason for that has been the methodology we used to understand the relationship, focused as it was around remedies, limitation and causation. This paper proposes a new approach, based around the right rather than the remedy. It aims to theorise one particular cause of action – the duty in Osman v United Kingdom – to exemplify this approach. For English lawyers, who have historically used the framework of the forms of action to understand our own law, it is argued that this a good way to comprehend the European jurisprudence.
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Dube, Felix, and Chantelle Moyo. "The Right to Electricity in South Africa." Potchefstroom Electronic Law Journal 25 (March 4, 2022): 1–21. http://dx.doi.org/10.17159/1727-3781/2022/v25ia11839.
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In this note, we examine access to electricity as a right in South African law. We also consider whether deprivations, interferences and disruptions of electricity supply are justifiable limitations of the right. While recent court decisions view access to electricity as a supplement to the Bill of Rights, judicial treatment of electricity as a right precedes the Constitution of the Republic of South Africa, 1996. Prior to the adoption of the Constitution, the courts treated access to electricity as a common law right in the context of servitudes and personal and contractual rights. Under the Constitution, the right to access to electricity flows from the constitutional and statutory obligations of Eskom, South Africa's power utility, to provide reliable electricity supply and to ensure just administrative action when taking actions that result in the deprivation of electricity. From a Bill of Rights perspective, the cases show that the right to electricity, albeit not expressed in the text of the Constitution, is a condition for the exercise of other rights, including the rights to human dignity and access to adequate housing, water and health care. We conclude that the deprivation of electricity through loadshedding and other interruptions by Eskom, landlords and body corporates are violations of the right to access to electricity. These violations could be remedied through spoliation and constitutional remedies.
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Arsika, I. Made Budi, Ida Bagus Surya Dharma Jaya, and Ni Gusti Ayu Dyah Satyawati. "Kebijakan Travel Warning dan Pembatasan Hak Berwisata." Pandecta: Research Law Journal 13, no. 1 (August 2, 2018): 24–36. http://dx.doi.org/10.15294/pandecta.v13i1.15115.
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Penerbitan travel warning oleh suatu negara secara faktual berdampak pada tingkat kunjungan wisata ke negara yang dituju. Penelitian ini bertujuan untuk menganalisis mengenai praktik negara-negara, termasuk Indonesia, dalam menerapkan kebijakan travel warning. Selain itu, juga secara spesifik akan membahas korelasi antara kebijakan travel warning dengan eksistensi hak berwisata (right to tourism) dalam kerangka hak asasi manusia (HAM). Jenis penelitian ini adalah yuridis-normatif yang utamanya menganalisis peraturan perundang-undangan nasional Indonesia dan instrumen internasional yang relevan. Hasil penelitian ini menunjukkan bahwa praktik negara-negara dalam dalam penerbitan kebijakan travel warning menunjukkan variasi yang relatif beragam, terutama berkaitan dengan identifikasi risiko dan lembaga yang berwenang untuk menyampaikan imbauan perjalanan. Berkaitan dengan eksistensi hak berwisata (right to tourism) dalam kerangka HAM, kebijakan travel warning merupakan implementasi dari kewajiban negara untuk melindungi warga negaranya ketika mereka berada di luar negeri sekaligus merefleksikan tindakan negara untuk menjamin terpenuhinya hak-hak mendasar warga negaranya. Adapun pembatasan hak berwisata oleh negara sesungguhnya dilakukan dalam rangka menjamin terpenuhinya jenis HAM lain yang jauh lebih mendasar dibandingkan dengan pemenuhan hak berwisata yang justru masih dikategorikan sebagai HAM generasi ketiga dan eksistensinya masih diperdebatkan.The publication of travel warning by a country factually impacts the level of tourist visit to the destination country. This study aims to analyze the practice of countries, including Indonesia, in applying travel warning policy. In addition, also specifically will discuss the correlation between travel warning policy with the existence of rights of travel (right to tourism) within the framework of human rights (HAM). This type of research is juridical-normative which primarily analyzes Indonesian national legislation and relevant international instruments. The results of this study indicate that the practice of countries in the issuance of travel warning policy shows a relatively diverse variety, mainly related to the identification of risks and institutions authorized to deliver travel appeals. In relation to the existence of the right of tourism within the human rights framework, the travel warning policy is the implementation of the state’s obligation to protect its citizens while abroad while reflecting the state’s actions to ensure the fulfillment of the fundamental rights of its citizens. The limitation of travel rights by the state is actually done in order to guarantee the fulfillment of other types of human rights that are far more fundamental than the fulfillment of travel rights that are still categorized as third-generation human rights and its existence is still disputed.
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Venn, Alice. "Universal Human Rights? Breaking the Institutional Barriers Facing Climate-Vulnerable Small-Island Developing States." Climate Law 7, no. 4 (November 9, 2017): 322–46. http://dx.doi.org/10.1163/18786561-00704005.
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There is a need to overcome the dichotomy in international responses to climate change between, on the one hand, a recognition of the significant threat posed by climate impacts for the continued enjoyment of fundamental rights, and, on the other, the lack of provision made for strengthening the legal protections available to climate-vulnerable states. The question of access to human-rights mechanisms currently looms large as a limitation on legal action within, or by, Small-Island Developing States. This article, drawing on empirical research conducted in Vanuatu and Fiji, examines the entrenched institutional barriers to engagement with the core international human rights treaties in the South Pacific. A number of steps are proposed to guide action by the international community, through funding strategies, integrated vulnerability assessments, and targeted in-country capacity building, in order to enable more effective engagement with rights mechanisms and offer greater recourse to justice.
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Petit de Gabriel, Eulalia W. "Separated Minors or the Dilemma between General and Individual Interest in European Union Migration Law Compliance." Cuadernos Europeos de Deusto, no. 06 (December 13, 2022): 87–116. http://dx.doi.org/10.18543/ced.2585.
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Separating children traveling accompanied by a nonfamily adult is a current practice serving the general purpose of fighting against sexual exploitation, minor trafficking, or general crime prevention. However, such a routine response could violate a minor’s right to family life or preclude an attempted migration to reunification. Although no specific normative framework exists for this migratory category, we will draw our analysis of the conflicting interests by resorting to human rights case law. On the one hand, the expansion of the legally recognized concept of family must help protect interpersonal bonds not based on biological relationships, according to the European Court of Human Rights and the Court of Justice of the European Union. On the other hand, restrictions to the right to family life can be taken for fighting against crime, although a goal of general prevention may not comply with human rights standards on the limitation of rights. The required balance between conflicting interests can be established by resorting to the best interests of the minor. To conclude, we argue that this category could certainly benefit from a concerted, common legislative action at the level of the European Union when revisiting the migration legal regime, alongside operational measures at national, regional, and local levels.
Received: 31 July 2022Accepted: 05 October 2022
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Warbrick, Colin, and Dominic McGoldrick. "I. Diplomatic Representations and Diplomatic Protection." International and Comparative Law Quarterly 51, no. 3 (July 2002): 723–33. http://dx.doi.org/10.1093/iclq/51.3.723.
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The European Court of Human Rights has decided in the last three years five cases dealing with state or international immunities.1 Although the facts differed, the arguments of the applicants were much the same. They contended that allowing a foreign State or an international organisation to claim immunity in a civil action in proceedings in the defendant State violated the applicants' rights to access to a court for the determination of a civil right.2 The European Court accepted the claims in principle but concluded in each case that the limitation imposed on the right of access was for a legitimate reason (the protection of State or international immunities, a condition for effective co-operation between States or with international organisations) and was proportionate to this aim, because in each case, the grant of immunity was required by international law and that in each case there was the possibility of the applicant using another procedure to try to assert his rights, action in the courts of the foreign State or under the special staff regime of the international organisation.
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Hermawan, Sapto, and Supid Arso Hananto. "CONTESTATION OF CHEMICAL CASTRATION PUNISHMENT FOR CHILD SEX OFFENDERS: CASE IN INDONESIA." UUM Journal of Legal Studies 13, No.2 (July 21, 2022): 25–49. http://dx.doi.org/10.32890/uumjls2022.13.2.2.
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Children as national assets must receive significant concerns from their families, neighborhoods, and the state. Based on these circumstances, a variety of regulations are made, including the protection of children from sex offenders. Various arguments, both pro and contra, emerge in the regulation, which provides chemical castration punishment for child sex offenders. The objective of this article is to analyze the contesting of the chemical castration paradigm, both from theoretical and practical dimensions. It used a conceptual and legislative approach, through the analysis of several relevant books and articles as well as the opinions of qualified experts, which were then linked to one another. This paper argued that regardless of human rights perspectives, Indonesia’s future which lies in its future generations must receive more considerable attention. Therefore, the limitation of the perpetrators’ human rights should not be considered a human rights violation. Instead, this castration punishment protects the perpetrators’ human rights from a cruel retributive action from the victims’ family.
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Erice Aranda, Lucas Sebastián de. "Tratados bilaterales de inversión y derechos humanos: tres posiciones desde América Latina." Revista Anales de la Facultad de Derecho, no. 37 (2020): 85–105. http://dx.doi.org/10.25145/j.anfade.2020.37.05.
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The purpose of this article is to analyze the way in which the signing of new bilateral investment treaties can become a self-imposed limitation by the States to their ability to comply with their human rights obligations. Therefore, the main characteristics of these agreements will be analyzed, as well as the main points of collision with the International Human Rights Law. Likewise, the possible courses of action that the States have at their disposal to try to resolve that tension will be studied, through the example of three Latin American countries: Mexico, Ecuador and Brazil.
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Buhmann, Karin, Jonas Jonsson, and Mette Fisker. "Do no harm and do more good too: connecting the SDGs with business and human rights and political CSR theory." Corporate Governance: The International Journal of Business in Society 19, no. 3 (June 3, 2019): 389–403. http://dx.doi.org/10.1108/cg-01-2018-0030.
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Purpose This paper aims to explain how companies can benefit from their human rights due diligence process to identify opportunities for sustainable development goals (SDGs) activities in an operationalisation of political corporate social responsibility (PCSR). Design/methodology/approach Combining PCSR, SDGs and business and human rights (BHR) literature, the paper develops an extension of the risk-based due diligence process described by the BHR literature, helping companies identify societal needs to which they may contribute in accordance with PCSR through engaging in the SDGs. Findings Companies can benefit from resources they already invest in due diligence to identify their adverse human rights impacts, by drawing on the insights gained on broader needs, including human rights, to which they may contribute. This can help them develop appropriate interventions to address local needs and advance their moral legitimacy through assisting in SDG-relevant fulfilment of human rights. Research limitations/implications The paper provides theory-based guidance on how companies can assess their capacity for contributing societal value through human rights-oriented SDG interventions. Future empirical research may explore how companies apply the extended due diligence process to assess needs and determine relevant actions. Practical implications The paper offers a principle-based analytical approach for integrating the “do no harm” imperative of BHR theory with PCSR’s call for business assistance in the delivery of public goods and the SDGs’ call for business action to “do good’. Social implications This paper enables enhanced business implementation of the SDGs in line with PCSR and human rights theory, especially the emergent field of business and human rights. Originality/value This study gives theory-based guidance for companies for SDG contributions based on innovative combination of literatures.
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Doliwa-Klepacka, Anna. "Linguistic Rights in the Education System in Light of the Framework Convention for the Protection of National Minorities (By the Example of Poland and Lithuania)." Studies in Logic, Grammar and Rhetoric 58, no. 1 (June 1, 2019): 59–76. http://dx.doi.org/10.2478/slgr-2019-0017.
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Abstract One of the fields of protecting human rights within the framework of standards of the Council of Europe is the protection of national minorities – with the special issue of their linguistic rights. An intensification of actions aimed at adopting legal measures in this field happened in the 1960s. The concern for a proper range and level of regulation was expressed at the level of the Parliamentary Assembly and the Committee of Ministers. National experts formulated detailed resolutions to include the goals of international organizations such as CSCE and the United Nations concerning this matter. The fact that the framework convention was chosen as the means bears witness to a significant provision that the guarantee of rights were realized in the most flexible manner, including the designations and capacities of State parties. This article includes an analysis of three stages of work connected with ensuring linguistic rights for national minorities, with a special emphasis on the linguistic rights in the education system. On the one hand, actions which resulted in the acceptance of the Framework Convention for the Protection of National Minorities are shown. On the other hand, the goals and details of this Convention are described. The third section concerns the analysis of mechanisms for monitoring the realization of the rights included in the Convention. Due to limitations in the terms of reference for this work, the analysis of the convention guarantees, and their realization, was limited to linguistic rights in the education system. The practice of these actions was shown through examples in Poland and Lithuania. The right to education for national minorities (in a general sense) including knowledge about their culture, traditions, and their input into the development of the society of a given country is one of the rights clearly stated in the Framework Convention. By the same token are linguistic rights in an education system – the right to teach the language of a national minority or to teach in the language of a minority. As practice in Poland and Lithuania shows, the situation of education of national minorities is different, although some of the problems are common: an example for that would be access to proper coursebooks in the languages of national minorities, or properly trained teachers.
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Rühmkorf, Andreas. "Article: The German Supply Chain Law: A First Step Towards More Corporate Sustainability." European Company Law 20, Issue 1 (January 1, 2023): 6–14. http://dx.doi.org/10.54648/eucl2023003.
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The German supply chain law ( Lieferkettensorgfaltspflichtengesetz, abbreviated: LkSG) which enters into force on 1 January 2023 is part of the developing legal framework for human rights in global supply chains. Like the French vigilance law, it represents a new generation of supply chain laws which impose mandatory human rights due diligence obligations. The LkSG requires enterprises to exercise a number of due diligence obligations – from conducting risk analysis to undertaking preventive measures or remedial actions. The law is based on public enforcement via a competent authority, the Federal Office for Economic Affairs and Export Control (BAFA). The BAFA monitors and enforces compliance with the due diligence obligations. Non-compliant enterprises can be fined with up to 800,000 Euros and, in some cases, up to 2% of the annual turnover. Whilst the LkSG is an important step towards achieving greater corporate sustainability, it also has limitations. It was a political compromise and, as such, it does not include a new civil liability for non-compliance. Moreover, by default, it only applies to the enterprise’s own business area and its direct suppliers, whereas indirect suppliers are only included where the enterprise has substantiated knowledge that an obligation has been violated. Supply chain law, Germany, Lieferkettensorgfaltspflichtengesetz, LkSG, business, human rights, home state laws, human rights due diligence, UN Guiding Principles
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Turchenko, Olha. "Constitutional complaint in the context of the principle of the rule of law." Law Review of Kyiv University of Law, no. 4 (December 30, 2020): 111–17. http://dx.doi.org/10.36695/2219-5521.4.2020.20.
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As a direct manifestation of the implementation of the rule of law, it is necessary to consider the direction of the activities of theauthorities and their officials to ensure fundamental, inalienable human rights.Although part 1 of Article 55 of the Law “On the Constitutional Court of Ukraine” does not directly stipulate the protection offundamental constitutional human rights and freedoms, its legal nature as an individual instrument predetermines its inextricable linkwith the need to protect (restore) the rights of a specific identified person or group of persons. Even if, as a result of consideration ofthe complaint, a systemic problem of the constitutional legal order is highlighted, the protection of which, first of all, the activities ofthe Constitutional Court of Ukraine are directed, this does not change the nature of the constitutional complaint as an individual instrumentfor protecting rights.The legal specificity of a constitutional complaint is that it concerns a specific violated constitutional right belong to a specificsubject, while it also acts as a means of ensuring the supremacy of the Constitution of Ukraine.The article examines the problems of the implementation of a constitutional complaint, the essence, specifics, signs of a constitutionalcomplaint in the context of the principle of the rule of law, identifies controversial issues of a theoretical and practical natureon the implementation of the right to a constitutional complaint.In particular, the Law defines a constitutional complaint through the procedural concept of “petition”, which seems to be terminologicallyincorrect, since the concept of a complaint and a petition in the aspect of a person’s appeals exist separately from each other and have some differences. Since the Constitutional Court is legally obliged to verify the compliance of normative legal acts with theConstitution of Ukraine, it is advisable to define a constitutional complaint through a requirement, focusing on the requirement for therelevant entity to perform certain actions or refrain from them.Certain obscurity arises as to what kind of decision in the case should be considered the final decision of the court, which shouldconcern the constitutional complaint, it is seen that this can only be a decision of the court of last instance, that is, one whose appealhas already been fully implemented.In general, the introduction of the institution of constitutional complaint contributes to the rooting of the main idea of constitutionalism– the introduction of the principle of the rule of law, limitation of state power, the desire to protect human rights.
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Taufik, Giri Ahmad. "Proportionality Test in the 1945 Constitution: Limiting Hizbut Tahrir Freedom of Assembly." Constitutional Review 4, no. 1 (May 31, 2018): 45. http://dx.doi.org/10.31078/consrev413.
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In May 2017, Jokowi’s administration announced the intention to dissolve Hizbut Tahrir Indonesia (HTI). HTI is an Islamic organization that aspires to establish caliphate government based on the claim of Islamic teaching. The Government considers HTI as a threat to Pancasila. The announcement has created controversy. It has divided Indonesian into pro and contra camp. The dissolution pro camp argues HTI ideology is against Pancasila, Indonesia political ideology. Furthermore, they pointed out HTI’s idea of Caliphate that based on religion would disintegrate the nation. Conversely, the cons argues the government move is against the constitutionally guarantee freedom of association as stipulates in the 1945 Constitution of the Republic of Indonesia (hereafter the 1945 Constitution). The move would create precedent that threatens freedom of assembly if the government failed to enact due process procedure and provide justifiable reason for the action. This controversy is not new to human rights and democratic discourse. Karl Popper describes the debate as a paradox of tolerance, democracy, and freedom in an open society. This paper examines how the 1945 Constitution can be utilized to resolve the paradox. This paper argues that Article 28 J par.2 of the 1945 Constitution requires the balance between human rights protection and limitation in its proportion. Thus, the limitation clause should be used as a parameter to solve HTI issue. This paper explores the use of proportionality test in interpreting the limitation clause and applies it not only to the question of HTI issue but also broader issues to evaluate recent government moves in amending the Law Number 17 Year 2013 on Societal Organisation. This paper employs a doctrinal method in its analysis.
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Alya Nabila. "Penerapan Nilai Hak Asasi Manusia Dalam Perlindungan Demonstran dari Penggunaan Kekerasan oleh Aparat Penegak Hukum." Jurist-Diction 5, no. 4 (July 31, 2022): 1211–24. http://dx.doi.org/10.20473/jd.v5i4.37306.
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AbstractFreedom of association, assembly, and expression is one of the important rights that both national and international legal instruments have guaranteed. This freedom has certain limitations so that it does not conflict with the rights of others and does not interfere with national security. In terms of securing this act of freedom, law enforcement officers are obliged to respect standard human rights principles that should not be violated, including the use of violence against demonstrators. However, in practice, there are still many cases of repressive actions by law enforcement officers against demonstrators which have become the focus of many parties. The rights of victims of human rights violations by law enforcement officers are often forgotten and unresolved. This study aims to provide efforts to protect and recover victims of human rights violations which include restitution, compensation, rehabilitation and guarantees not to happen again.Keywords: Human Rights; Freedom of Association, Assembly, and Expression of Opinion; Apparatus Repressive Measures. AbstrakKebebasan berserikat, berkumpul dan mengeluarkan pendapat merupakan salah satu hak yang penting yang telah dijamin baik oleh instrument hukum nasional maupun internasional. Kebebasan tersebut memiliki batasan-batasan tertentu sehingga tidak berbenturan dengan hak orang lain dan tidak mengganggu keamanan nasional. Dalam hal pengamanan tindakan kebebasan ini, aparat penegak hukum memiliki kewajiban untuk menghormati prinsip-prinsip standar hak asasi manusia yang tidak boleh dilanggar termasuk dalam penggunaan kekerasan terhadap demonstran. Namun, dalam prakteknya masih banyak kasus tindakan represif aparat penegak hukum terhadap demonstran yang menjadi sorotan banyak pihak. Hak dari korban pelanggaran hak asasi manusia oleh aparat penegak hukum seringkali terlupakan dan tidak terselesaikan. Penelitian ini bertujuan untuk memberikan upaya perlindungan serta pemulihan korban pelanggaran hak asasi manusia yang meliputi restitusi, kompensasi, rehabilitasi dan jaminan untuk tidak terulang lagi.Kata Kunci: Hak Asasi Manusia (HAM); Kebebasan Berserikat, Berkumpul, dan Mengeluarkan Pendapat; Tindakan Represif Aparat.
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Klein, Alana. "(2012) 30 Windsor Y B Access Just 247 SO LONG AS YOU HAVE YOUR HEALTH: HEALTH CARE DISTRIBUTION IN CANADA AND PROCEDURALIST HUMAN RIGHTS." Windsor Yearbook of Access to Justice 30, no. 2 (October 1, 2012): 247. http://dx.doi.org/10.22329/wyaj.v30i2.4377.
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Health resource distribution in Canada has been criticized for being opaque and increasingly inequitable, with its disproportionate emphasis on curative over preventive care. Yet there has been relatively little scrutiny of priority-setting in publicly funded health care in Canada from bodies monitoring the international human right to health. Recently, however, domestic health governance on the one hand, and international health and human rights on the other, have converged around the promotion of evidence-based policy, accountability, transparency and participation as drivers of more equitable distribution of health care resources. This paper tracks the paths toward this convergence. The emphasis in health policy was largely driven by cost containment and service integration concerns, while democratic and institutional concerns around socio-economic rights protection are at the root of the health and human rights shift toward proceduralist approaches. This shared emphasis nonetheless opens new terrains of struggle for human rights approaches to health care distribution in Canada, around (i) managing indeterminacy in social determinants of health; (ii) addressing power imbalances that shape how health information is produced, communicated, and acted upon and (iii) the role of fundamental normative values that limit substantive policy around health.La distribution des ressources en santé au Canada a été critiquée en raison de son caractère opaque et de plus en plus inéquitable, et de l’importance disproportionnée accordée aux soins curatifs par rapport aux mesures préventives. De plus, relativement peu d’études concernant les priorités établies en matière de services de santé publics au Canada ont été faites par des organismes de contrôle du droit, reconnu dans des instruments internationaux, de tout être humain à la santé. Cela dit, récemment, la gouvernance nationale de la santé, d’une part, et le droit à la santé et les droits de la personne au niveau international, d’autre part, ont convergé et mis l’accent sur la nécessité de promouvoir des politiques fondées sur des données probantes, la responsabilisation, la transparence et la participation, facteurs qui sont aptes à assurer une distribution plus équitable des ressources en santé. Le document suit le cheminement vers cette convergence. Les politiques en matière de santé étaient largement fondées sur des préoccupations liées à la limitation des coûts et à l’intégration des services, alors que les préoccupations démocratiques et institutionnelles à l’égard de la protection des droits socio-économiques sont à l’origine du virage du droit à la santé et des droits de la personne vers des approches procéduralistes. Ces priorités communes ouvrent néanmoins la porte à de nouvelles luttes visant des approches axées sur les droits de la personne en ce qui a trait à la distribution des services de santé au Canada, luttes qui impliqueront les actions suivantes : (i) gérer l’indétermination dans les déterminants sociaux de la santé; (ii) corriger les déséquilibres de pouvoir qui déterminent la façon dont l’information en matière de santé est produite et communiquée et les réactions qu’elle entraîne, et (iii) éclaircir le rôle des valeurs normatives fondamentales qui limitent les politiques de fond en matière de santé.
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Sunarto, Muhammad Zainuddin. "LARANGAN PERNIKAHAN BEDA AGAMA DALAM PERSPEKTIF SYAD ZARI’AH IMAM AL-SYATIBI." JURNAL ISLAM NUSANTARA 2, no. 2 (December 29, 2018): 174. http://dx.doi.org/10.33852/jurnalin.v2i2.98.
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Social relations in modern times is now very universal, without limitation of religion, race, and class, then it allows two people of different religions into love, affection, and was about to enter into marriage. On the other hand, freedom of religion in Indonesia is guaranteed in the Constitution and protected in points on human rights. In Islamic law known several methods in the determination of a law one of which is Syad Zari’ah, is defined as preventive measures to avoid the ugliness. Imam al-Syatibi, One philosopher of Islamic law has its own ideas about these methods. In Usul al-Fiqh Study, Syad Zari’ah interpreted as closing the road that leads to destruction. Imam al-Syatibi at defining about Syad Zari’ah “do a job which all contain kindness changed to an ugliness”. someone doing a job that basically allowed because it contains a kindness, but the objectives to be achieved end on an ugliness. haram law in this case not because of his own actions, but the law forbidden here because the objectives to be achieved from such actions. this is called the practice of Syad Zari’ah. This method is deemed the application form from the rules of fiqh “dar’u al-mafasid muqaddamun ‘ala jalbi al-masalih”. From the other side, haram law here is also based of maqasid syari’ah in keeping religion in order to avoid switching to another religion
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Budi Harto and Mahzaniar Mahzaniar. "REVIEW OF COVID-19 TASK CIRCULAR LETTER NUMBER 20 YEAR 2021 ON MANDATORY QUARANTINE POLICY AFTER TAKING INTERNATIONAL TRAVEL DURING THE COVID-19 PANDEMIC IN HUMAN RIGHTS PERSPECTIVE (STUDY ON TRAVEL HUB HOTEL)." Fox Justi : Jurnal Ilmu Hukum 13, no. 1 (September 2, 2022): 45–51. http://dx.doi.org/10.58471/justi.v13i1.435.
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The phenomenon of the spread of the corona virus (Covid-19) which is very fast and uncontrolled has made the World Health Organization (WHO) stipulate that Covid-19 as a pandemic on March 12, 2020. In Indonesia, as one of the countries affected by Covid-19, has tried to make several policies in order to suppress the spread and limit the space for the transmission of Covid-19. One of these policies is the regulation of mandatory quarantine for Indonesian Citizens (WNI) and Foreign Citizens (WNA) who have traveled internationally as stated in the Covid-19 Task Force Circular No. 20 of 2021 concerning International Travel Health Protocols During the Covid-19 Pandemic. -19. The policy regarding the obligation to undergo quarantine during the pandemic has the potential for violations in terms of fulfilling human rights. This study examines more specifically the self-quarantine regulations that are placed in hotels with the components of all costs incurred not being borne by the government but by themselves. This type of research uses a normative juridical method with an approach to legislation and concepts related to self-quarantine. This study summarizes that the state policy regarding mandatory quarantine in an emergency situation such as the Covid-19 pandemic is something that is legally allowed, as long as the limitation of human rights is still in the derogable right group (which can be limited in its fulfillment). However, taking such action must be done carefully, and full of wisdom
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Prasetyo, Agung Joko, and Frissilya Angelina. "IMMIGRATION DETERRENCE AGAINST INDONESIAN WHO AFFECTED BY RADICAL EXPERIENCES: ANALYSIS IN THE CONCEPT OF HUMAN RIGHTS." Jurnal Ilmiah Kajian Keimigrasian 2, no. 1 (April 26, 2019): 1–12. http://dx.doi.org/10.52617/jikk.v2i1.44.
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ISIS is a radical group in the name of Islam as a reference in acting, becomes a hot topic in the status quo due to the impact of its actions that can destroy and divide the Indonesian nation. The interance of ISIS is by the recruitment of closest people or family because in this way it is considered very effective in influencing. ISIS which enter Indonesia is mostly brought directly by Indonesian itself who previously lived/ worked abroad and has been indoctrinated with ISIS radical and with government regulations that forbid Indonesian citizens from being refused entry into their own countries making the spread of the Islamic State much more difficult to prevent and control their existence. It is stated in the Immigration Act which prohibits its citizens from being denied entry. It is a Government, especially the Directorate General of Immigration job, who has direct authority to regulate the crossing of every person entering and leaving Indonesian territory. Some challenges that are often found such as the use of "rat track" and the lack of supervision time at Immigration Border Control which is one of the challenges for the Immigration itself. Therefore, by upholding the conception of human rights which refers to the limitations on the sorting for every person who enters and exits the country is expected to maximize of surveillance and can reduce the impact of the ISIS understanding entry of the Pancasila Ideology, culture, public trust, especially Nation sovereignty.Keywords: Indonesian, Human Rights, Deterrence.
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Nee, Victor, and Sonja Opper. "Endogenous Institutional Change and Dynamic Capitalism." SOCIOLOGIA DEL LAVORO, no. 118 (July 2010): 15–39. http://dx.doi.org/10.3280/sl2010-118002.
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State-centered theory asserts that political institutions and credible commitment by political elite to formal rules securing property rights provides the necessary and sufficient conditions for economic growth to take place. In this approach, the evolution of institutions favorable to economic performance is a top-down process led by politicians who control the state. Hence, in less developed and poor countries, the counterfactual is that if formal institutions secure property rights and check predatory action by the political elite, then sustained economic growth would follow. The limitation of state-centered theory stems from the problem that behavioral prescriptions - formal rules and regulations - that reflect what politicians prefer can be ignored. In contrast, we lay out the bottomup construction of economic institutions that gave rise to capitalist economic development in China. Entrepreneurship in the economically developed regions of the coastal provinces was not fueled by exogenous institutional changes. When the first entrepreneurs decided to decouple from the traditional socialist production system, the government had neither initiated financial reforms inviting a broader societal participation, nor had it provided property rights protection or transparent rules specifying company registration and liabilities. Instead, it was the development and use of innovative informal arrangements within close-knit groups of like-minded actors that provided the necessary funding and reliable business norms. This allowed the first wave of entrepreneurs to survive outside of the state-owned manufacturing system. This bottom-up process resembles earlier accounts of the rise of capitalism in the West.
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Denedo, Mercy, Ian Thomson, and Akira Yonekura. "International advocacy NGOs, counter accounting, accountability and engagement." Accounting, Auditing & Accountability Journal 30, no. 6 (August 21, 2017): 1309–43. http://dx.doi.org/10.1108/aaaj-03-2016-2468.
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Purpose The purpose of this paper is to explore how and why international advocacy NGOs (iaNGOs) use counter accounting as part of their campaigns against oil companies operating in the Niger Delta to reform problematic regulatory systems and make visible corporate practices that exploit governance and accountability gaps in relation to human rights violations and environmental damage. Design/methodology/approach This arena study draws on different sources of evidence, including interviews with nine iaNGOs representatives involved in campaigns in the Niger Delta. The authors mapped out the history of the conflict in order to locate and make sense of the interviewees’ views on counter accounting, campaigning strategies, accountability and governance gaps as well as their motivations and aspirations for change. Findings The evidence revealed an inability of vulnerable communities to engage in relevant governance systems, due to unequal power relationships, corporate actions and ineffective governance practices. NGOs used counter accounts as part of their campaigns to change corporate practices, reform governance systems and address power imbalances. Counter accounts made visible problematic actions to those with power over those causing harm, gave voice to indigenous communities and pressured the Nigerian Government to reform their governance processes. Practical implications Understanding the intentions, desired outcomes and limitations of NGO’s use of counter accounting could influence human rights accountability and governance reforms in political institutions, public sector organisations, NGOs and corporations, especially in developing countries. Social implications This paper seeks to contribute to accounting research that seeks to protect the wealth and natural endowments of indigenous communities to enhance their life experience. Originality/value By interviewing the preparers of counter accounts the authors uncover their reasons as to why they find accounting useful in their campaigns.
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Matias, J. Nathan, Austin Hounsel, and Nick Feamster. "Software-Supported Audits of Decision-Making Systems: Testing Google and Facebook's Political Advertising Policies." Proceedings of the ACM on Human-Computer Interaction 6, CSCW1 (March 30, 2022): 1–19. http://dx.doi.org/10.1145/3512965.
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How can society understand and hold accountable complex human and algorithmic decision-making systems whose systematic errors are opaque to the public? These systems routinely make decisions on individual rights and well-being, and on protecting society and the democratic process. Practical and statistical constraints on external audits--such as dimensional complexity--can lead researchers and regulators to miss important sources of error in these complex decision-making systems. In this paper, we design and implement a software-supported approach to audit studies that auto-generates audit materials and coordinates volunteer activity. We implemented this software in the case of political advertising policies enacted by Facebook and Google during the 2018 U.S. election. Guided by this software, a team of volunteers posted 477 auto-generated ads and analyzed the companies' actions, finding systematic errors in how companies enforced policies. We find that software can overcome some common constraints of audit studies, within limitations related to sample size and volunteer capacity.
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Chelghoum, Amira, Sachiko Takeda, Barbara Wilczek, and Fabian Homberg. "The challenges and future of trade unionism in Algeria: a lost cause?" Employee Relations 38, no. 3 (April 4, 2016): 351–72. http://dx.doi.org/10.1108/er-11-2014-0135.
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Purpose – The purpose of this paper is to shed light on the realities of Algerian employee relations and the challenges autonomous trade unionists encounter in their activities, which are normally far removed from the eyes of the international community. Design/methodology/approach – In total, 12 semi-structured interviews were conducted with Algerian autonomous trade union leaders, union members and non-members. The collected data were analysed using a thematic approach. Findings – The interview results brought into relief the challenges of Algerian trade unionism with the following four themes: first, scepticism towards the only government-affiliated trade union in Algeria; second, the relationship between autonomous unions and the government; third, strike actions and intimidation/harassment; and fourth, views of non-trade unionists and the future of Algerian trade unionism. Research limitations/implications – The sensitivity of the topic and widespread fear limited the number of interviewees and the length of interviews. Social implications – This paper provides recent empirical evidence reflecting the contemporary nature of employee relations in Algeria, and its discussions consider the prerequisites for a more effective protection of workers’ rights in Algeria. Originality/value – This study addresses the lack of examination of trade union activities in North Africa and in Algeria in particular. Whereas studies on employment relations in emerging economies have been conducted mainly at the macro level, this study makes important contributions by providing a first micro-level insight into the realities of trade unionism in Algeria through giving voice to those who struggle daily to protect workers’ rights.
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Collins, Pauline. "It's just another war!" Social Responsibility Journal 4, no. 3 (August 1, 2008): 366–77. http://dx.doi.org/10.1108/17471110810892866.
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PurposeThis paper aims to raise awareness and the level of debate on a significant new development in international law.Design/methodology/approachThe paper takes a historical overview in considering current approaches to the phenomenon of private military corporations (PMCs) and uses case examples to discuss the issues raised.FindingsThe paper concludes that the phenomenon raises many issues that need further analysis, such as the outcome of this phenomenon on the future of democracy in sovereign states.Research limitations/implicationsThe topic allows for much further research into such matters as definitional, jurisdictional and enforceability issues with regard to corporate entities known as PMCs.Practical implicationsFor peace and human rights to prevail in democracies in which the state maintains the monopoly on the use of force, the paper argues that PMCs should be prohibited rather than subjected to mere regulation.Originality/valueThe paper is the first to use the term “preyfits” in describing the actions of transnational corporations. While most scholars argue for regulation of PMCs, this paper argues for their total prohibition.
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Pasquier Merino, Ayari Genevieve. "Sustainable food, consensus, and debates: a study on university campuses in Mexico City." International Journal of Sustainability in Higher Education 23, no. 8 (November 30, 2022): 337–53. http://dx.doi.org/10.1108/ijshe-03-2022-0096.
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Purpose This paper aims to analyze the conceptions that underlie the notion of “sustainable food” of different social actors based on a study focused on promoting sustainable food strategies on university campuses. Design/methodology/approach The research incorporates the views of various actors linked to a sustainable food project on the campuses of the National Autonomous University of Mexico (Universidad Nacional Autónoma de México), which is one of the most important universities in Latin America. The study includes a literature review on food sustainability strategies on university campuses and implemented sustainable food programmes in 100 universities worldwide. It also incorporates semistructured interviews and discussion groups conducted with consumers of the university community, 60 smallholder farmers and managers of 23 alternative food networks in Mexico City. Findings This research evidence the diversity of meanings and perspectives associated with food sustainability and a generalized emphasis on its environmental dimensions, although environmental problems tend to be partially understood. It also highlights the priority students and producers give to the accessibility of healthy foods. Research limitations/implications The results of this study revealed important elements, potentially useful for designing sustainable food strategies on the campuses, considering the principles of the rights-based approach to development and social participation. Originality/value The research evinces tensions in the definition of food sustainability and its translation into actions from a multistakeholder perspective.
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Kravchenko, Mykhailo. "THE LAW OF UKRAINE «ON ADMINISTRATIVE PROCEDURE» AS AN INSTRUMENT FOR THE PROTECTION OF THE RIGHT OF HUMAN DIGNITY IN THE SPHERE OF PUBLIC ADMINISTRATION." Administrative law and process, no. 4(39) (2022): 49–60. http://dx.doi.org/10.17721/2227-796x.2022.4.04.
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Purpose. The purpose of the article consists in revealing the significance of the Law of Ukraine“On Administrative Procedure” for the protection of the right to human dignity in the field ofpublic administration.Methodology. Research methodology consists of general and special methods of scientificknowledge, and in particular: comparative, systemic-structural, formal-logical methods:deduction, induction, analysis and synthesis. Their use made it possible to analyze the investigatedproblem in the unity of its legal form and social content, as well as systematically and consistentlyapproach the disclosure of the research tasks.Results. The first section of the article describes the normative regulation of the right to human dignityat the level of Ukrainian legislation, notes the special importance of the decisions of the ConstitutionalCourt of Ukraine in revealing the content and role of this fundamental human right in the human rightssystem, and also emphasizes the limitations of its understanding in Ukraine, which as a result leads toto the lack of protection of the right to human dignity during administrative procedures.The second section of the article is devoted to clarifying the essence of the requirement that thepublic administration, when carrying out an administrative procedure, always sees a person as asubject of law. This demand is based on the right of human dignity. It prohibits turning any personinto an object in state procedures, degrading his dignity to the status of a thing. The third section of the article is devoted to the study of the mechanisms of protection of the rightto human dignity, which are laid down in the Law of Ukraine “On Administrative Procedure”.It has been proven that this Law contains a number of provisions aimed at ensuring compliancewith the right to human dignity of a private person in the administrative procedure. In particular,it is about the right to be heard, the requirement for the timeliness of consideration of a privateperson’s case by the public administration, the requirement for proportionality, the requirementfor the openness of the administrative procedure and other ideas that ensure the service of thepublic administration to the person, his needs, rights and legitimate interests.Conclusions. In the conclusions to the article, it is stated that the Law of Ukraine “On AdministrativeProcedure” establishes a qualitatively new legal basis for administrative procedure, which isfocused on the needs of a private person. This novelty is reflected, first of all, in such principles ofadministrative procedure as: guaranteeing the right of a person to participate in administrativeproceedings; timeliness and reasonable term; impartiality (impartiality) of the administrativebody; good faith and prudence; proportionality; openness; presumption of legality of the person’sactions and demands, etc. This Law of Ukraine is focused on the protection of a private person inthe field of public administration, and first of all, on the protection of his right to human dignityfrom violation of the decisions, actions or inaction of the public administration.
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Jackson, Kevin. "Cosmopolitan jurisprudence for economic governance." Society and Business Review 11, no. 3 (October 10, 2016): 276–96. http://dx.doi.org/10.1108/sbr-08-2015-0041.
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Purpose The paper aims to extend deliberation on legal and political aspects of debate over globalisation versus cosmopolitanism into the field of jurisprudence – philosophy of law. It gives particular attention to questions of the legitimacy of international law and emerging forms of economic governance for business enterprises, soft law, rule of law, accountability and human rights. Design/methodology/approach In terms of research method, the paper proceeds from normative, as opposed to empirical studies. The paper develops arguments connected with cosmopolitan jurisprudence, a value-based frame of reference for corporate social responsibility. In legal and moral philosophy, normative statements derive from arguments concerning what states of affairs ought to be, how they are to be valued, which things and actions are good or bad. Normative claims contrast with positive (descriptive or explanatory) claims with respect to types of theories, beliefs or propositions. Value is both independent of fact and, at the same time, of an objective nature. Findings A cosmopolitan jurisprudence frame of reference for economic governance treats human communities as interdependent and takes seriously the human rights obligations and ethical and legal responsibilities of international business enterprises presupposed by international rule of law. In contrast to globalisation jurisprudence, the cosmopolitan philosophy of international law seeks justificatory ground, not only exclusively for traditional forms of centralised governmental authority but also for decentralised, polycentric, private and hybrid public–private forms of authority. Research limitations/implications The paper demonstrates the insufficiency of just describing, as political science and economics does, the emergence of new arrangements for global economic governance. As well, it is insufficient for management theory to propose instrumental strategies for managing various stakeholder interests at play in emerging forms of governance. Efforts of empirical researchers in documenting, classifying and providing empirical analysis of power shifts do not provide moral justifications or groundings of legitimacy from human rights and rule of law. The paper shows how a cosmopolitan jurisprudence standpoint is a fertile theoretical source for addressing such justificatory issues. Practical implications In the context of a rapidly globalising economy, the justification of responsible business conduct across borders and cultures is more and more becoming a pressing practical concern. Increasingly, private actors are operating in authoritative positions, fulfilling governing functions once perceived to be the exclusive domain of nation-states. Social implications The paper suggests that more important than focusing exclusively on descriptive, coercive and instrumental features of law, and seeking some overarching sanctions system that would necessitate pledging allegiance to a global super-sovereign, is cultivating social awareness of the importance of non-instrumental internal dispositions of actors to respect the normative obligatory nature of norms. The intrinsic value of rule of law and human rights provides a vital intellectual pathway for surmounting legitimacy gaps in global economic governance. Originality/value The paper breaks new ground by developing a cosmopolitan jurisprudence as an alternative to globalisation jurisprudence. This new articulation of cosmopolitan jurisprudence serves to provide analysis of philosophical justifications for emerging soft law syndicates that purport to establish obligations for business enterprises and other participants towards soft law regimes touching upon sustainability and human rights responsibilities.
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Reading, Jeffrey, Charlotte Loppie, and John O’Neil. "Indigenous health systems governance." International Journal of Health Governance 21, no. 4 (December 5, 2016): 222–28. http://dx.doi.org/10.1108/ijhg-08-2016-0044.
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Purpose Almost 20 years after the Royal Commission on Aboriginal Peoples, indigenous peoples living in Canada continue to pursue their legitimate aspirations for greater control over factors affecting their lives. The purpose of this paper is to summarize two major policies (the Royal Commission on Aboriginal Peoples and the Truth and Reconciliation Commission (TRC)) that aimed to create equity for indigenous peoples’. Design/methodology/approach Commentary and rapid communication to inform and clarify evolving high-priority policy and governance issues related to indigenous peoples’ of Canada. Findings A need exists to create a platform for implementing the TRC actions to protect and promote education, language and culture, justice, youth programming, and professional training and development. Research limitations/implications Innovative intervention research needs to develop solutions to multi-generational disparities in health and well-being for indigenous peoples of Canada and globally. Practical implications Failure to implement longstanding changes to improve indigenous health and well-being will result if a growing burden of premature morbidity and mortality among indigenous population of Peoples’ of Canada, the fastest growing population group with the most challenging health status in Canada. Social implications Indigenous peoples continue to experience profound health vulnerability leading to high health risks, growing health disparities and unequal access to health care services. Originality/value Connecting policy over two decades, for implementation to proceed, sharing of knowledge is essential to formulate innovative approaches, to engage research and build capacity to implement policy actions related to closing educational gaps, to developing culturally appropriate curricula acknowledging and protecting Aboriginal languages, as well as skills-based training in intercultural competency, conflict resolution and respect for human dignity and human rights equality in settings of anti-racism and free of all forms of prejudice and discrimination.
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Meshcheryakova, Yu O., A. R. Takhautdinova, and T. V. Mychak. "REVISITING THE SYSTEM OF PREVENTIVE MEASURES IN THE RUSSIAN CRIMINAL PROCEDURE." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 1 (2022): 21–27. http://dx.doi.org/10.18323/2220-7457-2022-1-21-27.
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Preventive measures in the criminal procedure are the most stringent enforcement actions aimed at limiting constitutional human and civil rights and liberties, which causes greater attention to the issues of their legal regulation and application feasibility. The authors consider the concept and purposes of the preventive measures in the criminal procedure, analyze the preventive measures system, identify the tendencies to its amendment, and conclude on the necessity to reform the system of preventive measures in the criminal procedure. During the study, the authors analyzed the statements of Chapter 13 of the RF Criminal Procedure Code, as well as the contemporary scientific approaches to the understanding of the system and purposes of preventive measures in the criminal procedure. Following the results of the research and taking into account the study of law enforcement practice, the authors concluded that the preventive measures system is insufficient, which is expressed in the actual application of two measures of restraint only: a recognizance not to leave and detention, and in refusal to apply other restrictive measures due to their ineffectiveness or lack of technical feasibility for their application. The analysis of legislation in terms of regulating the procedure for the application of the preventive measures allowed formulating several proposals for improving the norms of the criminal procedure legislation of the Russian Federation aimed at increasing the efficiency of their application: to enshrine the definition of preventive measures in the RF Criminal Procedure Code; to expand the list of restrictions when applying preventive measures not related to the limitation of the freedom; to exclude personal surety, supervision of an accused minor, observation of the military unit command, and the restraining order from the list of preventive measures.
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Asman, Asman. "Inequality of Gender Relations during the COVID-19 Pandemic: A Study of Violence against Women in Sambas, West Kalimantan." Sawwa: Jurnal Studi Gender 16, no. 2 (October 30, 2021): 213–32. http://dx.doi.org/10.21580/sa.v16i2.9552.
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This study aims to determine the causes of acts of violence. These actions can occur by anyone and anywhere closely related to health and human rights, one of which is in Sambas, West Kalimantan. In these cases, acts of violence are often used to maintain and enforce the subordination of women to men. In 2019-2020, during the COVID-19 pandemic, domestic violence cases within a year of the number of reports from the Sambas Religious Court, there were approximately 760 domestic violence cases. This study uses a descriptive qualitative method with an empirical sociological approach. The focus of this research is the constituents of violence against Women. The results in this study are that since the COVID-19 pandemic from 2019-2020, acts of violence against women increased from 450 cases to 760 cases during COVID-19 due to changes in lifestyle in households with limitations, especially family economic problems. With the low community mindset about the equality of men and women between fellow interactions, they are not benefited in this situation. Some factors cause violence against women, namely economic and socio-cultural problems or the imbalance of power relations that pushes women's subordination.
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Waye, Vicki Catherine. "The initiation and operations phase of the litigation funder – class action law firm relationship." International Journal of Law and Management 60, no. 2 (March 12, 2018): 595–626. http://dx.doi.org/10.1108/ijlma-12-2016-0159.
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Purpose Drawing on “Strategic Alliance” literature and qualitative research methods, the purpose of this study is to examine the initiation and operations phases of the relationship between Australian litigation funders and class law firms. The initiation phase examines factors such as complementarity between needs and assets compatibility between the funder and the class law firm goals of the alliance trust and alliance structure. The operations phase considers factors such as governance, communication and risk management and accountability. Because of its focus on the fairness of settlement, case law provides limited understanding of the drivers of the class law firm and funder relationship. An “inside look” of how the funder-law firm is initiated and made operational provides a more accurate picture and has important implications for the management of the ethical issues that arise during the course of that relationship. Design/methodology/approach This paper is a content analysis and contains qualitative interviews. Findings The strategic alliance between class law firms and litigation funders has evolved within an institutional climate that has acknowledged the benefits that the alliance can bring to the conduct of class actions. That same institutional environment has led to an alliance which is informal and transactionally oriented, where each of the parties maintains a demarcation in function. Although they share aspects of the strategic management of class actions, funders continue to be diligent monitors of class law firms, and class law firms continue to advance the legal rights of class members. Research limitations/implications It is observed that the size of the sample is small driven by a number of market participants. Practical implications The paper confirms that the litigation funder–law firm strategic alliance works well as a result of institutional constraints. Social implications Each of the alliance partners was keen to ensure that neither they nor their partner acted in a way which might attract judicial disapproval. Each also believed that they played a positive role in promoting class member interests, albeit that their primary motivation was to earn fees or a commission. The success of the alliance between class law firms and litigation funders has substantially improved access to justice in Australia for small claims holders. Originality/value The paper provides insight into a strategic alliance which is formed primarily for the benefit of third parties. This is one of the first papers to consider the litigation funder–law firm relationship through the lens of strategic alliance literature.
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Taitson, Paulo Franco, and Jean Richard Lopes. "Pastoral hospitalar: diaconia da caridade ao corpo." Revista Eclesiástica Brasileira 77, no. 306 (June 30, 2017): 282–300. http://dx.doi.org/10.29386/reb.v77i306.81.
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Síntese: As doenças surgem e colocam em evidência a fragilidade da criatura humana. A condição física de limitação expõe também uma ulterior dor que pode afetar o sentido da vida, das relações, o espírito. A Igreja, em sua missão de evangelização e testemunho, descobre-se vocacionada a levar o conforto a quem precisa, na proclamação da Palavra, na administração do sacramento, na presença operosa e generosa junto ao doente, como também na promoção dos direitos e da justiça da pessoa afetada. E o faz com o cuidado pastoral, expressão concreta da diaconia da caridade ao corpo, motor de toda ação eclesial e estímulo para a promoção de um ambiente humanizado, junto às instituições hospitalares.Palavras-chave: Hospital. Diaconia. Teologia pastoral. Religião. Bioética.Abstract: Diseases arise and highlight the fragility of the human creature. The physical condition of limitation also exposes a further pain that can affect the meaning of life, relationships, the spirit. The Church, in her mission of evangelization and witness, finds herself called to bring comfort to those who need it, in the proclamation of the Word, in the administration of the sacrament, in the active and generous presence with the sick, as well as in the promotion of rights and justice of the affected person. And it does so with pastoral care, a concrete expression of the diaconia of charity to the body, the motor of all ecclesial action and stimulus for the promotion of a humanized environment, next to hospital institutions.Keywords: Hospital. Diaconia. Pastoral theology. Religion. Bioethics.
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Popko, V. V., and E. V. Popko. "International legal regulation of transnational cybercrime in cyberspace." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 276–83. http://dx.doi.org/10.24144/2307-3322.2021.66.46.
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The article considers the international legal regulation of combating cybercrime, which is considered as a transnational phenomenon. In the group of transnational crimes, along with drug trafficking, terrorist acts, money laundering, illegal import of migrants, human trafficking, firearms trafficking, counterfeiting, etc., cybercrimes play an important role in terms of public harm, unprecedented and rapid growth. The mechanisms and directions of the fight against cybercrime developed by international criminal law are studied, among which the international legal regulation is of fundamental importance, and difficulties in defining the concepts of "cybercrime" and "computer crimes" are noted. The classification of types of cybercrimes is given and their most characteristic features are revealed.
The author analyzes the international normative documents that form the legal basis for regulating relations in the field of international cybercrime, among which the most prominent are conventions, including the UN Convention against Transnational Organized Crime of November 15, 2000, the Council of Europe Convention on Cybercrime of November 23, 2001 and Additional Protocol to it of January 28, 2003. The obligations of states to criminalize cybercrime in national legislation are analyzed, the types of illegal actions related to cybercrime are considered, in particular the main four groups of crimes classified in the 2001 Cybercrime Convention by Gender object and on specific grounds of the object of encroachment: 1) crimes against confidentiality, integrity and availability of computer data and systems; 2) offenses related to the use of computer tools; 3) offenses related to the content of data; 4) offenses related to infringement of copyright and compatible rights, as well as additional types of liability and sanctions (attempt, complicity). The Protocol to the 2003 Cybercrime Convention expands this range of crimes and contains obligations to criminalize the following acts: distribution of racist and xenophobic material through computer systems. The limitation of the 2001 Convention on Cybercrime, adopted by the Council of Europe, and the need to adopt a universal instrument that would significantly increase the fight against cybercrime are noted.
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Thompson, Robert W., Scott T. Jeffers, and Codie L. Chisholm. "The Limits of Derivative Actions: The Application of Limitation Periods to Derivative Actions." Alberta Law Review 49, no. 3 (March 1, 2012): 603. http://dx.doi.org/10.29173/alr110.
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Limitation periods are an integral and significant aspect of the litigation process in Canada. Although the application of limitation periods may often seem harsh, they are generally considered to be beneficial by bringing stability to society and by providing an incentive to plaintiffs not to “sleep on their rights.” However, in corporate derivative actions (actions brought by a shareholder against directors or officers of the corporation on the corporation’s behalf), the application of a limitation period presents certain issues that could result in such goals not being advanced. Specifically, two main issues arise, namely; who is the claimant for the purposes of limitation periods, and how do limitation periods apply to leave applications? The authors propose that the Canadian judiciary should adopt the adverse domination doctrine, applying the majority test, and explicitly hold that the filing of the leave application is sufficient to bring the derivative action within the limitation period. This approach would be consistent with the separate corporate existence principle and the purposes underlying limitation periods, as well as providing certainty and predictability to the adjudication of derivative action claims.
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Lvova, Olena. "Limitation of human rights: concept and content." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 81–89. http://dx.doi.org/10.33663/0869-2491-2021-32-81-89.
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Introduction. Human rights and freedoms are inalienable and not violated, however, they should not be opposed to the rights and freedoms of others. There may be some conflict of rights and conflicts of interest that need to be addressed at the level of scientific theory and law-making practice, and this may lead to restrictions on the exercise of certain rights or, conversely, their abuse. The purpose of the article. The article aims to analyze the basic concepts of restrictions on human rights and the content of this category in view of international human rights law. The results obtained. Examining the limits of human and state freedom, attention is paid to the relationship between order in society and personal rights of the individual, emphasizes the need for balance so that public authorities that guarantee order in society, their regulatory influence does not suppress human rights and freedoms. Issues of legal and illegal restrictions are studied. In particular, in determining the legitimacy of state interference in a particular law, the European Court of Human Rights always checks compliance with a three-part test, which includes the following conditions: whether the law provides for the possibility of restricting the exercise of the right; whether the purpose of such a restriction is legitimate; whether such a restriction is necessary in a democratic society. At the international level, the so-called prohibition of state interference in the private life of citizens has been established, in connection with which the article analyzes international legal acts, in particular, the Convention for the Protection of Human Rights and Fundamental Freedoms. It is emphasized that the restriction of human and civil rights and freedoms is also an institution that is present in the constitutions of most of the most developed countries in the world. As a rule, in accordance with international standards, absolute or fundamental rights are not subject to restrictions. However, taking into account the individual characteristics of social and political life of society, each state establishes criteria for restricting human rights and freedoms. Conclusions. Restrictions on human and civil rights and freedoms should be understood as legally (legally) established limits (or exceptional conditions) that individuals must comply with in the process of exercising their fundamental rights in order to prevent violations of the rights and legitimate interests of others and compliance with established legal conditions necessary to ensure national security, public order, public morality, etc.
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Schneller, Alison, Katey Thom, and Peter Adams. "Towards Changing Compulsory Community Mental Health Treatment in New Zealand: Shining Light on How Community Treatment Orders Are Produced." Laws 7, no. 3 (August 14, 2018): 30. http://dx.doi.org/10.3390/laws7030030.
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In this paper, we use a constructed scenario to illustrate making a compulsory community treatment order in the New Zealand context. Drawing on publicly available documentation, we outline the existing mental health law framework that produces community treatment orders and emerging complex problems of their high, increasing and disproportionate use. We provide examples of human rights, indigenous and clinical effectiveness research that appear to be destabilising the existing mental health law framework. We argue assemblage theory (Deleuze & Guattari) is a useful theoretical tool to unpack the making and continued use of compulsory community treatment orders in the context of complex destabilising and stabilising influences. This is followed by an outline of the concept of assemblage with reference to the constructed scenario, focusing on processes, practices, places, types of knowledge, roles, documents and how they connect to produce certain effects that both enable and constrain participants’ actions. In the New Zealand context, we examine the potential for assemblage theory to generate new ways of thinking about compulsory mental health treatment in community settings by challenging perceived limitations and revealing opportunities for participants to act otherwise. We conclude with a proposal for further research shaped by this theory that explores the making of actual community treatment orders to reveal where there is potential to change existing relations towards more positive effects for participants.
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Geiger, Christophe, and Bernd Justin Jütte. "Platform Liability Under Art. 17 of the Copyright in the Digital Single Market Directive, Automated Filtering and Fundamental Rights: An Impossible Match." GRUR International 70, no. 6 (March 12, 2021): 517–43. http://dx.doi.org/10.1093/grurint/ikab037.
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Abstract The Directive on Copyright in the Digital Single Market (CDSM Directive) introduced a change of paradigm with regard to the liability of some platforms in the European Union. Under the safe harbour rules of the Directive on electronic commerce (E-Commerce Directive), intermediaries in the EU were shielded from liability for acts of their users committed through their services, provided they had no knowledge of it. Although platform operators could be required to help enforce copyright infringements online by taking down infringing content, the E-commerce Directive also drew a very clear line that intermediaries could not be obliged to monitor all communications of their users and install general filtering mechanisms for this purpose. The Court of Justice of the European Union confirmed this in a series of cases, amongst other reasons because filtering would restrict the fundamental rights of platform operators and users of intermediary services. Twenty years later, the regime for online intermediaries in the EU has fundamentally shifted with the adoption of Art. 17 CDSM Directive, the most controversial and hotly debated provision of this piece of legislation. For a specific class of online intermediaries known as ‘online content-sharing providers’ (OCSSPs), uploads of infringing works by their users now result in direct liability and they are required undertake ‘best efforts’ to obtain authorization for such uploads. With this new responsibility come further obligations which oblige OCSSPs to make best efforts to ensure that works for which they have not obtained authorization are not available on their services. How exactly OCSSPs can comply with this obligation is still unclear. However, it seems unavoidable that compliance will require them to install measures such as automated filtering (so-called ‘upload filters’) using algorithms to prevent users from uploading unlawful content. Given the scale of the obligation, there is a real danger that measures taken by OCSSPs in fulfilment of their obligation will amount to expressly prohibited general monitoring. What seems certain, however, is that the automated filtering, whether general or specific in nature, cannot distinguish appropriately between illegitimate and legitimate use of content (e.g. because it would be covered by a copyright limitation). Hence, there is a serious risk of overblocking certain uses that benefit from strong fundamental rights justifications such as the freedom of expression and information or freedom of artistic creativity. This article first outlines the relevant fundamental rights as guaranteed under the EU Charter of Fundamental Rights and the European Convention of Human Rights that are affected by an obligation to monitor and filter for copyright infringing content. Second, it examines the impact on fundamental rights of the obligations OCSSPs incur under Art. 17, which are analysed and tested also with regard to their compatibility with general principles of EU law such as proportionality and legal certainty. These are, on the one hand, obligations to prevent the upload of works for which they have not obtained authorization and, on the other, an obligation to remove infringing content upon notification and prevent the renewed upload in relation to these works and protected subject matter (so-called ‘stay-down’ obligations). Third, the article assesses the mechanisms to safeguard the right of users of online content-sharing services under Art. 17. The analysis demonstrates that the balance between the different fundamental rights in the normative framework of Art. 17 CDSM Directive is a very difficult one to strike and that overly strict and broad enforcement mechanisms will most likely constitute an unjustified and disproportionate infringement of the fundamental rights of platform operators as well as of users of such platforms. Moreover, Art. 17 is the result of hard-fought compromises during the elaboration of the Directive, which led to the adoption of a long provision with complicated wording and full of internal contradictions. As a consequence, it does not determine with sufficient precision the balance between the multiple fundamental rights affected, nor does it provide for effective harmonization. These conclusions are of crucial importance for the development of the regulatory framework for the liability of platforms in the EU since the CJEU will have to rule on the compatibility of Art. 17 with fundamental rights in the near future, as a result of an action for annulment filed by the Polish government. In fact, if certain features of the article are considered incompatible with the constitutional framework of the EU, this should lead to the erasing of certain paragraphs and, possibly, even of the entire provision from the text of the CDSM Directive.
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Hossain, Md Sazzad. "Extra-judicial killings and human rights law: Bangladesh perspective." International Journal of Law and Management 59, no. 6 (November 13, 2017): 1116–25. http://dx.doi.org/10.1108/ijlma-11-2016-0140.
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Purpose The main purpose of this paper is to explore the extra-judicial killing situation in Bangladesh by analyzing both national and international human rights law. In addition, this paper will also identify the remedy that is available for the victim’s family for extra-judicial killing by law enforcement agencies, especially the Rapid Action Battalion of Bangladesh. Design/methodology/approach This is a qualitative research where both primary and secondary sources have used to identify the situations of extra-judicial killings in Bangladesh, the human rights instruments and the judicial activism to protect human rights. Findings This paper will show impunity of the law enforcement agencies increasing the number of extra-judicial killings of citizens, by violating the Constitutional and International human rights law that deal with “right to life”. The state sovereignty is not hindering the implementation of the international law, but the judiciary of Bangladesh needs to be more efficient in protecting citizens’ human rights, along with bringing criminal prosecution against members of the law enforcement agencies, by providing “effective and adequate” remedy to the victim’s family. Research limitations/implications While analyzing the “right to life” under the International Human Rights Conventions, this paper will only deal with the UDHR and the ICCPR, as Bangladesh has ratified those Conventions. Originality/value This paper will add value to identify the present rights of the citizen under domestic and international law and to incorporate new legislation through finding the lack of present legislation to protect the right to life and remedy for extra-judicial killings in Bangladesh.
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Dabic, Marina, Davor Vlajcic, and Ivan Novak. "Entrepreneurial management education needs in the Republic of Croatia, Poland and the United Kingdom." International Journal of Educational Management 30, no. 6 (August 8, 2016): 738–55. http://dx.doi.org/10.1108/ijem-08-2014-0111.
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Purpose – The purpose of this paper is to take the emergence of the knowledge mobilization as an opportunity to develop an understanding of needs for catching up appropriate knowledge application in SMEs in the Republic of Croatia, Poland and the UK. It draws upon the “frame mobilization” literature, which illuminates the role that acts as interpretation play in instigating, promoting and legitimating collective action with aim to provide “quality entrepreneurial education”. Design/methodology/approach – A questionnaire survey based on a literature review built by Stimulating Learning for Ideas to Market (SLIM) project partner was employed to test the given perspective. A total of 380 businesses completed the survey from 12 to 20, November 2013. Participants have different profiles, act in diverse roles and industrial sectors. Identification of appropriate types of support, education, training and advice was made to recognize what small businesses need and can use to improve their operations. Findings – Empirical research evidence conducted among entrepreneurs, 213 were from Croatia, 100 were from Poland and 67 were from the UK, respectively. Results identified the nature of management education according SMEs’ needs to increase innovative activities and intellectual property adapting a more business-like approach, scanning the horizon and identifying new markets and opportunities for growth. It discussed the impacts of formal and informal ways of intellectual property protection in sales and exports market (SLIM) project partner was employed to test the given perspective. Research limitations/implications – Main limitation lay in unequal sample response among countries. However, results proofed very similar response in all questions among three countries even size, entrepreneurial development, GDP or historical background are highly different. Practical implications – Therefore, the original contribution of the paper lies in the authors’ empirical investigations into the current thinking and practice of existing entrepreneurs by suggesting some implications of this point, which should be of interest to all stakeholders who design courses in IP and who engage in social mobilization. Social implications – There are important organizational culture barriers with this target group, such as the emphasis on the need to publish and an unstable/unavailable IP budget. The integration of IP tools into curricula is an important step to improving the use of IP tools by future researchers. There is an indisputable case for integrating IP as an R & D output and increasing the valuation of IP for academic promotion. Originality/value – This paper illustrates the current challenges on SMEs’ educational needs and intellectual property rights carried out in among 380 entrepreneurs across the Republic of Croatia, the Republic of Poland and the UK. Most intriguing suggestion, perhaps, is that the role knowledge cooperation with universities may play as a breaking point to fully exploit SMEs’ innovative potential. Surprisingly, needs for establishing a classification of diverse IP-management and collaboration-management tools useful in university-enterprise collaborations, within a general context of IP and open innovation has not been recognized.
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Wilkinson, Sarah. "Who Owns these Records? Authority, Ownership, and Custody of Iraq’s Baath Party Records." RBM: A Journal of Rare Books, Manuscripts, and Cultural Heritage 20, no. 1 (May 23, 2019): 28. http://dx.doi.org/10.5860/rbm.20.1.28.
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Archives acquire records through a variety of circumstances. While they often have a direct and ongoing relationship with record creators (such as government records and national repositories), archives may also accept donations from record creators that align with the mandate of their organization. Less commonly, archives also face the possibility of acquiring records or objects from an entity that did not create them, which raises questions about title and the authority to act. Research notes, for instance, may be owned by the funder if conducted as work-for-hire, or the intellectual property rights might be held by a university. There may be issues of consent from human subjects of research, particularly Indigenous communities, that affect whether and how records may be donated and used. Although donors may be acting in good faith, they create dilemmas for archivists about whether they can accept those records and, if they do accept the records, what limitations are imposed by the nature of the donation. Such dilemmas are also informed by the challenges of what archivists can or should do with records they already possess that have unclear or unknown ownership. The case of Iraq’s Baath Party records has an international character and exceptional circumstances that likely places it outside the experience of most archives, but the core questions of who owns the records and who has the authority to take actions in regard to those records is relevant in a wide range of circumstances. It is particularly informative when considering whether and how the principle of inalienability can complicate determinations of ownership.
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Никитина, Елена, and Elena Nikitina. "Limitation of Constitutional Human Rights in Legislations of Subjects of the Russian Federation." Journal of Russian Law 3, no. 11 (November 11, 2015): 0. http://dx.doi.org/10.12737/14368.
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The article is devoted to the issues related to lawful limitations of constitutional rights in the Russian Federation. The limitation of human rights is a complex and multi-layered phenomenon. The author uses both formal and other criteria. In addition, there is a territorial aspect to this problem in Russia. The author analyzes the powers of subjects of the Russian Federation to regulate legal relations in the sphere of constitutional human rights, and considers the possibility of their lawful limitation by the legislations of subjects of the Russian Federation. In addition, the author examines reasons and consequences of unlawful restriction of human rights by laws of the subjects of the Russian Federation. Terminological problems are discussed. In particular, the author distinguishes between such terms as “limits of legal regulation” and “limitation of human rights”, “human rights” and “rights of participants”. The author formulates theoretical arguments about the possibility of partial legal
regulation of constitutional human rights.