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Journal articles on the topic 'Rights and protections'
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1
Vatras, Volodymyr, Oleh Oksaniuk, Serhii Sabluk, Roman Havrik, and Zhanna Vasylieva-Shalamova. "Protection of Personal Non-Property Rights of Spouses in the Practice of The European Court of Human Rights: A Crucial Investigation." Revista de Gestão Social e Ambiental 18, no. 6 (June 10, 2024): e06968. http://dx.doi.org/10.24857/rgsa.v18n6-133.
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Objective: This study investigates the peculiarities of spouses' non-property rights in the European Court of Human Rights (ECHR) case law, aiming to understand how these rights are protected and restored in different legal contexts. Theoretical Framework: The study is based on principles of international human rights and family law, focusing on the right to parenthood, personal development of spouses, non-discrimination, and respect for honor and dignity. The ECHR's framework for protecting these rights provides a solid basis. Method: The research employs a qualitative analysis of ECHR case law, examining relevant legal documents, court decisions, and literature on non-property rights. Data collection involved analyzing ECHR rulings and Ukrainian family law. Results and Discussion: The results show that protecting spouses' non-property rights is crucial for citizens' security and stability. The study highlights how states manage these rights and the ECHR's role in restoring them. The discussion emphasizes national and international law implications, noting discrepancies in current protections. Research Implications: This research not only provides insights into legal mechanisms for protecting spouses' non-property rights but also underscores the practical implications of a robust legal framework and the role of the ECHR in safeguarding these rights, potentially influencing policy and legal practice. Originality/Value: The study contributes to the literature by analyzing the protection and restoration of spouses' non-property rights in ECHR case law. Its originality lies in focusing on the intersection of family law and human rights, highlighting the value of international legal standards in enhancing national protections. This research informs policy and legal practice in family law and human rights.
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Ensor, Marisa O., and Amanda J. Reinke. "African Children’s Right to Participate in their Own Protection." International Journal of Children’s Rights 22, no. 1 (2014): 68–92. http://dx.doi.org/10.1163/15718182-02201003.
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The protection of children confronting adversity has become one of the central priorities of humanitarian interventions worldwide. The array of child-focused rights and protections established by international, regional and national frameworks provides a normative foundation guiding efforts to facilitate the (re)establishment of more secure conditions. Despite a rhetorical acknowledgement of participation as enhancing children’s provision and protection rights, much of children’s rights activism in Africa continues to emphasise a protectionist approach over an empowering one. Furthermore, actualising children’s rights constitutes a formidable challenge in fragile countries like South Sudan where difficult post-war conditions are compounded by significant discrepancies regarding the treatment of children in the various applicable legal systems. Advancing the view of children’s rights as a living practice moulded by children’s everyday realities, this paper discusses the situation of South Sudan as illustrative of the dilemmas of upholding the right of conflict-affected children in Africa to participate in their own protection.
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Barafi, Jamal, and Zeyad Jaffal. "Towards an Effective Legal Protection for Older Persons in the 21st Century: A Comparative Study of International Human Rights Law and Arab Constitutions." Access to Justice in Eastern Europe 7, no. 1 (December 1, 2023): 1–24. http://dx.doi.org/10.33327/ajee-18-7.1-a000106.
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Background: This study explores legal protections for older people in the 21st century, particularly in the contexts of international human rights laws and Arabic constitutions. While international human rights systems afford implicit protections for senior citizens, the international legal framework is inadequate for addressing their specific rights and challenges. While Arabic constitutions often include general provisions protecting the rights of citizens, they do not explicitly address the rights and legal protection of older people. Methods: This study aims to confront this gap by examining legal frameworks that protect the rights of senior citizens in both international human rights law and Arabic constitutions. Results and Conclusions: The lack of a universally accepted definition for the term ‘older person’ poses a challenge when studying that demographic, as they are a highly heterogeneous group. In a rapidly ageing world, it is essential to develop legal frameworks that specifically address the rights of older people to ensure their dignity and well-being.
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Rachma, Ayu Widya, and Jadmiko Anom Husodo. "Legal Protection of Children's Human Rights as Students in Online Learning During the Covid-19 Pandemic." International Journal of Sustainability in Research 2, no. 1 (January 13, 2024): 69–76. http://dx.doi.org/10.59890/ijsr.v2i1.1162.
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The legal protection of children's human rights in the education sector in Indonesia must be the government's main concern. The law provides for the rights children must receive, including the right to education. This is because during the COVID-19 pandemic, governments have found it difficult to provide educational legal protections to children. This article uses normative legal research to examine the legal protection of children's right to education during the COVID-19 pandemic and the role of states in realizing children's right to education.
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Hurst, JD, Jessica L. "Establishing human rights protections in postdisaster contexts." Journal of Emergency Management 8, no. 6 (November 1, 2010): 7. http://dx.doi.org/10.5055/jem.2010.0035.
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Postdisaster environments are proven battlegrounds for human rights violations, and a binding international instrument speaking directly to the right to postdisaster human rights protections is a critical and necessary strategy in international disaster response and recovery efforts. This article encourages the development of an international instrument crafted to specifically address human rights protections in postdisaster contexts, founded in international human rights law and policy, and invoking the authority of international law bodies, which can also be used to further refine US emergency response policy.
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Davitti, Daria. "Proportionality and Human Rights Protection in International Investment Arbitration: What’s Left Hanging in the Balance?" Nordic Journal of International Law 89, no. 3-4 (November 12, 2020): 343–63. http://dx.doi.org/10.1163/15718107-89030005.
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Abstract This article focuses on the proportionality analysis carried out by international investment tribunals when the protection of foreign investment adversely impacts the protection of human rights. International investment arbitrators are increasingly called to adjudicate awards which require a ‘balancing’ between the so-called rights of investors, protected as they are by relevant international investment agreements (iia), and the rights of third parties affected by foreign investment. Such balancing often entails, at its core, a controversial juxtaposition between investment protections and human rights protections. In this article, I argue that a balancing between investors’ rights and human rights is neither possible nor desirable. This argument is crucial to demystify existing assumptions surrounding the use of balancing and proportionality in international investment arbitration as a way of successfully reconciling competing interests as well as conflicting protection obligations vested upon a host State.
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Bussman, John F., and James Lasseter, Jr. "Taxpayers Rights And IRS Obligations Before And After The 1988 Taxpayers Bill Of Rights." Journal of Applied Business Research (JABR) 7, no. 1 (October 20, 2011): 112. http://dx.doi.org/10.19030/jabr.v7i1.6268.
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Greater protection for taxpayers is an idea whose time has finally arrived. The greater protection provided by the Taxpayer Bill of Rights, included in the Technical and Miscellaneous Revenue Act of 1988 (TAMRA) is a good start in consumerism but it does have significant limitations. Surprisingly, along with the greater protection taxpayers have under the new law comes even more accountability by taxpayers to the Internal Revenue Service. This article addresses these new protections, their limitations and the new accountabilities by taxpayers to the IRS.
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Fayez Ahmed AL-BZOUR, Omar. "JUVENILE RIGHTS IN PALESTINIAN LAWS AND INTERNATIONAL CONVENTIONS." RIMAK International Journal of Humanities and Social Sciences 4, no. 6 (November 1, 2022): 153–85. http://dx.doi.org/10.47832/2717-8293.20.10.
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This study compares the rights of Juveniles under Palestinian law to those under international treaties. In the Palestinian Children Act, No. 7 of 2004, and Act No. 4 of 2016 on the protection of the juvenile, both of which are compliant with international treaties on children, the Palestinian legislator addresses the rights of children and youth at various levels of criminal proceedings. Additionally, the study demonstrates how Islam, which has a profoundly thorough concern for every aspect of children’s life, upholds the rights of children. At both the international and national levels, the topic of children's rights is of tremendous importance. One of the main goals the State now strives to achieve is the safeguarding of fundamental rights. The children’s rights go beyond the fundamental protections provided by numerous statutes and laws but also encompass protections and rights at every stage of the criminal justice system to ensure juveniles are treated fairly and with the greatest possible regard.Given that this group may be marginalized in society, which may not draw the notice or sympathy of public opinion or the government, it is feasible that their rights may be violated without attracting considerable attention.Among the most egregious breaches perpetrated against Palestinian children are the continual atrocities committed by Israeli occupation forces in the Palestinian territories, which violate all child-protection legislation and agreements, as well as the provisions of international humanitarian law, which provide two types of protection for children: general protection for not participating in hostilities, and particular protection for children who are victims of war crimes.As a result, civil society organizations play an important role in defending and protecting children, as well as monitoring the laws that safeguard them. Keywords: Juvenile Rights, Palestınıan Laws, International Conventions
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Campbell, Kathryn M. "The Right to Silence and the Pendulum Swing: Variations in Canadian and Scottish Criminal Law." Wrongful Conviction Law Review 1, no. 3 (December 21, 2020): 291–313. http://dx.doi.org/10.29173/wclawr37.
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The right to silence is afforded to suspects in criminal cases as part of a number constitutional protections contained within Canadian law through the Charter of Rights and Freedoms. It is closely linked to other such rights, including the right to counsel, the right against self-incrimination and the presumption of innocence. Moreover, in some cases, the denial of this right has resulted in convictions in error through false confessions and wrongful convictions. Decisions by the Supreme Court in Canada in recent times can be viewed as a slow encroachment onto individual Charter rights in favour of the needs of law enforcement. In Scotland, until recently, while afforded a right to silence suspects could still be questioned for up to six hours without a lawyer present. While other measures existed to protect an individual’s right to a fair trial, such practices were out of step with the European Convention on Human Rights Article 6(1) right to a fair trial. In the decision in Cadder v HMA, greater protections to suspects were introduced regarding the right to silence and the right to counsel, and the Criminal Justice (Scotland) Act 2016 later consolidated the relevant law on this matter. The focus of this paper will be to examine how the right to silence in both Canadian and Scottish law has evolved through statute and case law and the implications of this for law enforcement practices, the protection of rights and the safety of convictions.
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AllahRakha, Naeem. "Constitutional Safeguards for Digital Rights and Privacy." International Journal of Law and Policy 2, no. 4 (April 30, 2024): 31–43. http://dx.doi.org/10.59022/ijlp.172.
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The digital rights and privacy protections are emerging human rights concerns in the digital age. Uzbekistan's newly enacted constitution provides a general framework for civil liberties, but lacks specificity regarding digital contexts. This research examines the effectiveness of Uzbekistan's constitutional safeguards for digital rights and privacy, and identifies potential areas for improvement. The aim is to ensure robust protections aligned with international norms. A qualitative methodology analyzes constitutional provisions, legislation through doctrinal review and phenomenological approaches. Results reveal significant gaps in areas like data protection, consent requirements, and oversight of state surveillance compared to frameworks like the EU's GDPR. Recommendations include constitutional amendments explicitly guaranteeing digital rights, an independent data protection authority, enhanced enforcement mechanisms, and legal reforms codifying principles of data minimization and individual control over personal information. Implementing such measures is crucial for Uzbekistan to uphold digital rights, promote trust in the digital ecosystem, and contribute to preserving human dignity and autonomy in the digital era.
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Sadnyini, Ida Ayu, I. Gede Putu Agus Wistama Putra, A. A. A. Ngurah Sri Rahayu Gorda, and A. A. A. Ngurah Tini Rusmini Gorda. "LEGAL PROTECTION OF INTERIOR DESIGN IN INDUSTRIAL DESIGN INTELLECTUAL PROPERTY RIGHTS." NOTARIIL Jurnal Kenotariatan 6, no. 1 (June 15, 2021): 27–37. http://dx.doi.org/10.22225/jn.6.1.3614.27-37.
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Intellectual property is creativity that results from human thought in order to meet the needs and welfare of human life. Currently, IPR issues are widely discussed in the context of international issues. IPR includes two parts, namely Copyrights and Industrial Property Rights. Industrial property rights include patents, industrial designs, integrated circuits layout designs, trade secrets, geographic indications, trademarks and plant variety protection (PVP). Interior design is part of industrial design. Interior design has experienced significant developments in recent years, including in Indonesia. Problems that arises is plagiarisms done by imitating or using the "similarity" of an interior design that already has an industrial design certificate without any permission from the design owner. This study aims to find out the legal protection of interior design in the intellectual property rights of industrial design and the legal basis used by judges in deciding industrial design rights disputes. The result of this study showed that the legal protection of interior design in the intellectual property rights of industrial design involved two legal protections; they are preventive legal protections and repressive legal protections. Furthermore, Gustav Radbruch's theory of legal ideals is used as a legal basis in deciding cases of disputes over industrial design rights based on justice, benefits, and legal certainty in the case of industrial design disputes Ecosfera Room.
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Wilde, Ralph. "The Unintended Consequences of Expanding Migrant Rights Protections." AJIL Unbound 111 (2017): 487–91. http://dx.doi.org/10.1017/aju.2018.21.
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One story that can be told about the development of legal protections for certain forced migrants in international law is, in terms of the scope of protection, a progressive one. From expanded definitions of who is entitled to refugee-law protection, to the development of complementary protection in human rights law, the ambit of that which the law purports to cover has moved wider. This might be seen as part of the broader trend in the expanding coverage of international human rights law generally. Yet, a counternarrative can also be told: a diminished commitment on the part of many states, particularly economically advantaged ones, to inward migration, including of forced migrants, as evidenced in the expanded scope of non-entrée, “closed borders” measures, from visa restrictions to carrier sanctions, push-back operations, and an unwillingness to engage in numerically significant refugee resettlements to their countries. This backlash trend can also be identified in human rights policy generally. Just as the scope of human rights legal protection in general, and the legal protection accorded to certain migrants in particular, has expanded, so too states have become less willing to provide such protection.
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Schweber, Howard. "The Architecture of American Rights Protections." European Journal of Law Reform 20, no. 2-3 (June 2018): 149–80. http://dx.doi.org/10.5553/ejlr/138723702018020002009.
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Kuttappan, Seethal, Dalliandeep Kaur Tiwana, and Deepika Thakur. "Understanding the Need for Change in LGBTQIA+ and Unmarried Couple's Rights in India by Observing their Legal Limitations and Rights: A Comparative Study." International Journal of Membrane Science and Technology 10, no. 4 (September 30, 2023): 1093–110. http://dx.doi.org/10.15379/ijmst.v10i4.2220.
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This article compares the legal protections and rights now in place for LGBTQ(QUEER) and unmarried couples to those of the straight couples. They are prevented from taking use of several legal benefits like compensatory rights, educational and insurance welfare programs, etc. for the offspring due to the misidentification of Queer couples and the unmarried pair within the definition of a legally married couple. This illegal prejudice is shown in order to reconsider and provide them equal legal protections under the protection of the right to life guaranteed by Article 21 of the Indian Constitution. The researcher conducted a comparative analysis of the laws of several nations. The article also emphasizes the necessity of enhancing the current legal and legislative framework in our nation. By analyzing many situations and reviewing current literature to identify the gaps, the researcher chose qualitative and doctrinal research methodologies.
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Pasternak, Avia. "From Corporate Moral Agency to Corporate Moral Rights." Law & Ethics of Human Rights 11, no. 1 (May 8, 2017): 135–59. http://dx.doi.org/10.1515/lehr-2017-0003.
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Abstract Recent literature suggests that organizational entities, such as states and business corporations, can qualify as moral agents. Does it follow that, as members of our moral community, group agents are entitled to moral protections? This article explores the connection between groups’ moral agency and moral rights. I argue that corporate moral agency does not, in itself, ground a group’s claim for moral protections. Nevertheless, a group agent can be entitled to derivative moral rights protections, which attach to the group itself but are grounded in the interests of individuals, such as the group’s members. Furthermore, the agential status of a group helps to identify which rights can attach to it, given its moral agency. One such moral agency related right is a right not to be morally subverted. This right generates a duty for the group agent’s members to ensure that its decision-making process incorporates sound moral reasoning. The final part of the article applies these conclusions to recent debates on the rights of states. I argue that, as moral agents, states have a moral right not to be morally subverted. It follows that citizens have a pro tanto duty, directed at their state, not to engage in political activities that would subvert its moral powers.
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Jadoon, Aisha, and Ali Asghar Chusti. "U-4 An Analytical Study of the Rights Granted to the Accused during the Trial under ICCPR 1966." Al-Aijaz Research Journal of Islamic Studies & Humanities 5, no. 1 (March 15, 2021): 46–56. http://dx.doi.org/10.53575/u4.v5.01(21).46-56.
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The ICCPR 1966 is an important international human rights treaty that provides a number of protections for civil and political rights. The Charter was adopted by the United Nations General Assembly in 1966 and came into force in 1976. July 2020 So far, the agreement has been ratified by 171 countries. The newly liberated states of Africa and the Caribbean, together with the ICCPR, the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, are considered international human rights bills. The ICCPR obliges countries that ratify the agreement to ensure the protection of fundamental human rights, such as the right to life and human dignity, equality before the law, freedom of expression, the right to assembly and other rights also. ICCPR guarantees the fair trial for the accused in three stages i.e. Rights before trial, during trial and after trial. This article appraises the analytical study of the rights granted to the accused during the trial.
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Sprague, Aleta, Amy Raub, and Jody Heymann. "Providing a foundation for decent work and adequate income during health and economic crises: constitutional approaches in 193 countries." International Journal of Sociology and Social Policy 40, no. 9/10 (October 23, 2020): 1087–105. http://dx.doi.org/10.1108/ijssp-07-2020-0358.
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PurposeAs coronavirus disease 2019 (COVID-19) spreads globally, the economic and health consequences are disproportionately affecting marginalized workers. However, countries' existing labor and social security laws often exclude the most vulnerable workers from coverage, exacerbating existing inequalities. Guaranteeing the rights to adequate income even when ill, decent working conditions and nondiscrimination in constitutions may provide a foundation for protecting rights universally, safeguarding against counterproductive austerity measures, and providing a normative foundation for equality and inclusion as economies recover. The purpose of this article is to examine the prevalence of these rights globally and assess some of their early impacts amid the pandemic.Design/methodology/approachThe authors created and analyzed a database of constitutional rights for all 193 United Nations member states. All constitutions were double coded by an international multidisciplinary, multilingual team of researchers.FindingsThis study finds that 54% of countries take some approach to guaranteeing income security in their constitutions, including 23% that guarantee income security during illness. Thirty-one percent guarantee the right to safe working conditions. Only 36% of constitutions explicitly guarantee at least some aspect of nondiscrimination at work. With respect to equal rights broadly, constitutional protections are most common on the basis of sex (85%), followed by religion (78%), race/ethnicity (76%), socioeconomic status (59%), disability (27%), citizenship (22%), sexual orientation (5%) and gender identity (3%). Across almost all areas, protections for rights are far more common in constitutions adopted more recently.Originality/valueThis is the first study to systematically examine protections for income security and decent work, together with nondiscrimination, in the constitutions of all 193 UN member states.
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Kanstroom, Daniel. "The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions." Journal on Migration and Human Security 5, no. 3 (September 2017): 614–44. http://dx.doi.org/10.1177/233150241700500304.
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This article considers the relationship between two human rights discourses (and two specific legal regimes): refugee and asylum protection and the evolving body of international law that regulates expulsions and deportations. Legal protections for refugees and asylum seekers are, of course, venerable, well-known, and in many respects still cherished, if challenged and perhaps a bit frail. Anti-deportation discourse is much newer, multifaceted, and evolving. It is in many respects a young work in progress. It has arisen in response to a rising tide of deportations, and the worrisome development of massive, harsh deportation machinery in the United States, Germany, the United Kingdom, France, Mexico, Australia, and South Africa, among others. This article's main goal is to consider how these two discourses do and might relate to each other. More specifically, it suggests that the development of procedural and substantive rights against removal — as well as rights during and after removal — aids our understanding of the current state and possible future of the refugee protection regime. The article's basic thesis is this: The global refugee regime, though challenged both theoretically and in practice, must be maintained and strengthened. Its historical focus on developing criteria for admission into safe states, on protections against expulsion (i.e., non-refoulement), and on regimes of temporary protection all remain critically important. However, a focus on other protections for all noncitizens facing deportation is equally important. Deportation has become a major international system that transcends the power of any single nation-state. Its methods have migrated from one regime to another; its size and scope are substantial and expanding; its costs are enormous; and its effects frequently constitute major human rights violations against millions who do not qualify as refugees. In recent years there has been increasing reliance by states on generally applicable deportation systems, led in large measure by the United States' radical 25 year-plus experiment with large-scale deportation. Europe has also witnessed a rising tide of deportation, some of which has developed in reaction to European asylum practices. Deportation has been facilitated globally (e.g., in Australia) by well-funded, efficient (but relatively little known) intergovernmental idea sharing, training, and cooperation. This global expansion, standardization, and increasing intergovernmental cooperation on deportation has been met by powerful — if in some respects still nascent — human rights responses by activists, courts, some political actors, and scholars. It might seem counterintuitive to think that emerging ideas about deportation protections could help refugees and asylum seekers, as those people by definition often have greater rights protections both in admission and expulsion. However, the emerging anti-deportation discourses should be systematically studied by those interested in the global refugee regime for three basic reasons. First, what Matthew Gibney has described as “the deportation turn” has historically been deeply connected to anxiety about asylum seekers. Although we lack exact figures of the number of asylum seekers who have been subsequently expelled worldwide, there seems little doubt that it has been a significant phenomenon and will be an increasingly important challenge in the future. The two phenomena of refugee/asylum protections and deportation, in short, are now and have long been linked. What has sometimes been gained through the front door, so to speak, may be lost through the back door. Second, current deportation human rights discourses embody creative framing models that might aid constructive critique and reform of the existing refugee protection regime. They tend to be more functionally oriented, less definitional in terms of who warrants protection, and more fluid and transnational. Third, these discourses offer important specific rights protections that could strengthen the refugee and asylum regime, even as we continue to see weakening state support for the basic 1951/1967 protection regime. This is especially true in regard to the extraterritorial scope of the (deporting) state's obligations post-deportation. This article particularly examines two initiatives in this emerging field: The International Law Commission's Draft Articles on the Expulsion of Aliens and the draft Declaration on the Rights of Expelled and Deported Persons developed through the Boston College Post-Deportation Human Rights Project (of which the author is a co-director). It compares their provisions to the existing corpus of substantive and procedural protections for refugees relating to expulsion and removal. It concludes with consideration of how these discourses may strengthen protections for refugees while also helping to develop more capacious and protective systems in the future. “Those guarantees of liberty and livelihood are the essence of the freedom which this country from the beginning has offered the people of all lands. If those rights, great as they are, have constitutional protection, I think the more important one — the right to remain here — has a like dignity.” Supreme Court Justice William O. Douglas, 19522 “We need a national effort to return those who have been rejected … and we are working on that at the moment with great vigor.” Angela Merkel, October 15, 20163
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Hodgson, Jacqueline S. "Safeguarding Suspects' Rights in Europe." New Criminal Law Review 14, no. 4 (2011): 611–65. http://dx.doi.org/10.1525/nclr.2011.14.4.611.
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This article analyses the protection of suspects’ rights within the relatively new sphere of EU criminal justice. It evaluates both EU and ECHR protections through the lens of comparative criminal justice, emphasizing the importance of understanding the ways that safeguards for suspects operate in practice across different jurisdictions. By linking together analysis of ECHR fair trial guarantees, EU measures to strengthen police and judicial cooperation, and comparative insights into the function of the defense lawyer, it brings a new perspective to the discussion of how best to protect suspects subject to EU cooperation measures. It challenges the effectiveness of mutual trust and recognition, which is the principle underpinning EU criminal justice cooperation, and which assumes ECHR compliance across Member States. In addition to uneven compliance and enforcement, ECHR protections lack the detail and prescriptive qualities required to protect adequately suspects subject to new EU measures for extradition and evidence sharing. Differences in criminal procedural tradition have made difficult any agreement on universal safeguards for suspects at the EU level, but the EU's new incremental approach to defense rights through the Roadmap and recent ECtHR caselaw have altered the legal landscape, giving cause for optimism.
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Holder, Ross. "On the Intersectionality of Religious and Racial Discrimination: A Case Study on the Applicability of ICERD with Respect to China’s Uyghur Muslim Minority." Religion & Human Rights 14, no. 1 (March 27, 2019): 1–30. http://dx.doi.org/10.1163/18710328-13021144.
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Abstract As an officially recognised minority nationality in China, the Uyghurs’ unique religious identity is ostensibly protected under Chinese national law. In reality, such protections are limited in practice, with frequent claims by Uyghur activists, human rights NGOs and scholars that government policies result in the religious discrimination of the Uyghur population in Xinjiang. In light of the inefficacy of state legislation in protecting the Uyghurs’ religious freedoms, this article considers the protections offered within the Human Rights Treaty System of the United Nations (UN), of which China is both a charter member and an increasingly active participant. However, any attempt to consider Freedom of Religion or Belief protections within the UN’s core treaties remains frustrated as China has yet to ratify the International Covenant on Civil and Political Rights, which is the sole UN human rights instrument to contain provisions dedicated to religious and minority rights. To overcome this issue, this article argues that acts of religious discrimination against the Uyghur minority may also fall into contention with the protections contained within the International Convention on the Elimination of All Forms of Racial Discrimination, a treaty that has been ratified by China and is therefore legally obligated to comply with.
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Windsor, Casey. "The Visual Artists Rights Act in augmented and virtual realities." Interactive Entertainment Law Review 7, no. 1 (June 28, 2024): 25–29. http://dx.doi.org/10.4337/ielr.2024.01.03.
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The expansion of augmented reality (AR) and virtual reality (VR) has brought to light the gaps in U.S. law regarding moral rights protections in the digital age. The U.S. offers limited protection of moral rights under the Visual Artists Rights Act (VARA). Although protections are limited, AR and VR programs could violate artists’ moral rights under VARA by modifying existing art used in their programs and by not giving an artist’s work attribution. Another question that has emerged is whether VARA could protect digitally produced art. VARA is a limiting statute and narrowly defined visual art to exclude most digitally produced art. Therefore, in order for digital art to be protected under VARA, the U.S. needs to modernize the statute to fit into a digital world.
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Da Lomba, Sylvie. "Editorial Special Issue on “Migrants and Human Rights Protections”." Laws 12, no. 4 (July 7, 2023): 61. http://dx.doi.org/10.3390/laws12040061.
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The idea for this Special Issue on ‘Human Rights Protection for Migrants’ was born out of a combination of frustration and scepticism in the face of International Human Rights Law’s enduring struggles to extend protections to non-nationals, but also out of hope in the light of (some) human rights bodies’ attempts to carve out ‘protective spaces’ for migrants against the backdrop of hostile migration laws and policies across the globe [...]
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Kalmanovitz, Pablo. "IUS Post Bellum and The Imperative to Supersede IHL." AJIL Unbound 110 (2016): 193–98. http://dx.doi.org/10.1017/s2398772300003068.
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In recent debates about the interplay between international humanitarian law (IHL) and human rights law (IHRL), two broad camps have emerged. On the one hand, defenders of what may be called the convergence thesis have emphasized the inclusion of basic rights protections in the so-called “Geneva instruments” of IHL, as well as the role of human rights bodies in interpreting and amplifying rights protections in IHL through juridical or quasi-juridical interpretation and pronouncements. In armed conflicts, it is said, human rights apply concurrently and in ways that strengthen the protective constraints of IHL. Critics of the convergence thesis, on the other hand, have protested that pressing human rights obligations on state forces misunderstands the nature of both IHL and IHRL, and generates misplaced and impossibly onerous demands on belligerents—ultimately and perversely, the effect of emphasizing convergence may be less, not more, human rights protection.
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Donini, Annamaria, Michele Forlivesi, Anna Rota, and Patrizia Tullini. "Towards collective protections for crowdworkers." Transfer: European Review of Labour and Research 23, no. 2 (April 18, 2017): 207–23. http://dx.doi.org/10.1177/1024258916688863.
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The ‘sharing economy’ and the collaborative economy are shaping new forms of employment in which digital platforms enable multilateral work relationships. This article discusses some initiatives aimed at the collective protection of crowdworkers. The first section investigates whether it is possible to extend EU labour protection – in particular, collective rights – to independent digital contractors. The second section looks at whether the national level may offer more effective measures for economically dependent digital workers or for distance workers, by comparing three selected countries: Italy, France and Spain. The article then explores the possibility of extending to crowdworkers the protections offered by collective bargaining and addresses how trade unions could have a role in implementing guarantees for crowdworkers. Comparative analysis is used to show how different constitutional systems recognise freedom of association, especially in relation to ‘subordinated’ workers. A strategy of viewing collective rights as human rights could be applied in order to reduce the contractual weakness of self-employed workers on digital platforms – and might even form the basis of a bill of rights.
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Garon, Jon M. "Commercializing the Digital Canvas." 2013 Fall Intellectual Property Symposium Articles 1, no. 4 (March 2014): 837–72. http://dx.doi.org/10.37419/lr.v1.i4.2.
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Over the past two decades, a series of trends in constitutional and intellectual property have significantly reshaped the impact of traditional intellectual property laws for the art community. Attribution of a work to the artist and protection of the integrity of a work from alternation are historical bedrocks of artistic protections, but those protections have been diminished for digital artists. The Visual Artists Rights Act excludes digital works from the definition of works of visual art, thus excluding these works from rights of attribution and integrity. At the time, rights of attribution and integrity were seen as quasi-trademark rights, and artists were protected under the Lanham Act. Since then, however, the Supreme Court has extended copyright’s preemption over trademark, undermining an artist’s ability to have non-contractual protections for the artist’s identity and integrity in a work. In addition, a second trend within the digital environment has created additional tensions for artists whose works include celebrities, athletes, or other members of the public. The Supreme Court has made the clear determination that video games are entitled to complete First Amendment protection, placing those works in the same category as film, publishing, and works of art. Despite this free speech protection to the medium, a series of inconsistent decisions among state and federal courts have made unclear when the use of a person’s likeness in a video game—or video art instillation—would constitute a violation of the person’s rights of publicity.
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Nussy, Jennifer Ingelyne. "Mekanisme Komisi Pemberantasan Korupsi dalam Proses Penyadapan dilihat dari Perspektif Hak Asasi Manusia (HAM)." JURNAL BELO 5, no. 2 (May 19, 2020): 74–85. http://dx.doi.org/10.30598/belobelovol5issue2page74-85.
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ABSTRACT
Recognition and protection of a guarantee of human dignity to earn a respectable place in the eyes of the law and government. Related to the interests of law enforcement, the Corruption Eradication Commission (KPK) for the purpose of wiretapping evidence in court, while will protecting the privacyrights of suspects. Legal protections for the accused to be seen as matter of law adopted. Therefore, the protection of the privacy rights of a person to be seen in the investigation process. For the Commission to conduct wiretaps should see privacy rights as stipulated in the law and the government should establish a special set of rules that intercepts, thus providing the possibility for law enforcement has the authority to do so does not conflict with human rights.
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Nussy, Jennifer Ingelyne. "Mekanisme Komisi Pemberantasan Korupsi dalam Proses Penyadapan dilihat dari Perspektif Hak Asasi Manusia (HAM)." JURNAL BELO 5, no. 2 (May 19, 2020): 74–85. http://dx.doi.org/10.30598/belovol5issue2page74-85.
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ABSTRACT
Recognition and protection of a guarantee of human dignity to earn a respectable place in the eyes of the law and government. Related to the interests of law enforcement, the Corruption Eradication Commission (KPK) for the purpose of wiretapping evidence in court, while will protecting the privacyrights of suspects. Legal protections for the accused to be seen as matter of law adopted. Therefore, the protection of the privacy rights of a person to be seen in the investigation process. For the Commission to conduct wiretaps should see privacy rights as stipulated in the law and the government should establish a special set of rules that intercepts, thus providing the possibility for law enforcement has the authority to do so does not conflict with human rights.
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Dewi, Yustina Trihoni Nalesti, Grant R. Niemann, and Marsudi Triatmodjo. "Indonesia’s Human Rights Court: Need for Reform." Asia-Pacific Journal on Human Rights and the Law 18, no. 1 (June 15, 2017): 28–47. http://dx.doi.org/10.1163/15718158-01801002.
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This article reviews the need to provide greater human rights protections through Indonesia’s Human Rights Court mechanism. Despite the Court gaining momentum with the emergence of greater democratic freedoms, there is still quite a long way to go before the Court can function in a transparent and accountable way. The opportunity to do this was missed when political interests were put ahead of human rights protections when the legislation creating the Court paid no attention to the investigating and procedural complexities of categories of the crimes falling within the jurisdiction of the Court. Moreover, the lack of protection for victims and witnesses has had an adverse impact on prosecutions. This article recommends that some legislative reform is desirable but legislative reform alone will not bring about the equally important cultural change required to achieve this objective. This transformation can only be achieved by ensuring that all the relevant actors operating within the system are held accountable and required to operate in a professional manner.
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SMITH, Nucharee Nuchkoom. "The 4th Industrial Revolution Requires Strong Intellectual Property Laws: Where does Thailand Stand?" Walailak Journal of Science and Technology (WJST) 17, no. 12 (December 1, 2020): 1294–306. http://dx.doi.org/10.48048/wjst.2021.6504.
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Strong and fair intellectual property rights legislation is an essential foundation for the 4th industrial revolution. It is required to protect the increasingly rapid advances in all areas of technology and science as well as the pursuits of human endeavor. At the same time, countries must be allowed to adopt measures necessary to protect public health and nutrition and the public interest in sectors of vital importance to the socio-economic and technological development. Thailand is covered with the intellectual property treaties under both the World Intellectual Property Organization and the World Trade Organization. This paper describes the protections afforded under Thailand’s intellectual property laws. The analysis shows that the coverage of the Thai legislation is extensive and fairly robust-protecting the intellectual property rights of Thailand as well as those of the wider world community. However, there are some shortcomings. Copyright protections still do not fully protect performer’s rights. It has been argued also that the protection of the rights of breeders of new plant varieties should be enhanced and fashion designs specifically protected. Copyright violations are by far the major infringement of intellectual property right laws. This requires a rigorous and consistent enforcement regime. It must be acknowledged that the enforcement has improved over the last few years. This has been recognized by the United States Trade representatives who, in December 2017, moved Thailand from the priority Watchlist to its Watchlist because the country is able to resolve issues in and engage on intellectual property issues with the United States.
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Balaguer Callejón, Francisco. "Data protection and the transformation of rights in the digital society." UNIO – EU Law Journal 10, no. 1 (May 19, 2024): 3–15. http://dx.doi.org/10.21814/unio.10.1.5781.
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This paper analyses the centrality that data protection is acquiring in the digital society as a right that, together with that of consumer protection, is expanding and occupying spaces for guaranteeing other rights that by themselves have weaker protections. This evolution also contributes to transforming the system of rights insofar as it detaches them from substantive principles and values in order to secure them from the market’s standpoint. This instrumental character to the market is especially relevant in data protection, since in addition to being a right, it is also a commodity in the framework of the data economy. The paper also highlights the challenges posed by Generative Artificial Intelligence, not only for data protection, but also for the data economy itself and the digital society, as it has the capacity to generate and propagate disinformation of a systemic nature.
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Casey, B. J., Kim Taylor-Thompson, Estée Rubien-Thomas, Maria Robbins, and Arielle Baskin-Sommers. "Healthy Development as a Human Right: Insights from Developmental Neuroscience for Youth Justice." Annual Review of Law and Social Science 16, no. 1 (October 13, 2020): 203–22. http://dx.doi.org/10.1146/annurev-lawsocsci-101317-031101.
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Healthy development is a fundamental right of the individual, regardless of race, ethnicity, or social class. Youth require special protections of their rights, in part owing to vulnerabilities related to psychological and brain immaturity. These rights include not only protection against harm but opportunities for building the cognitive, emotional, and social skills necessary for becoming a contributing member of society. They apply to all youth, including those within the adult criminal justice system, which raises the legal question of when adult capacity and responsibility begin and special protections are no longer warranted. This article highlights ( a) empirical findings from developmental science on when psychological and neurobiological development reaches maturity; ( b) the extent to which this scientific knowledge guides current policies and practices in the treatment of youth in the United States; and ( c) emerging policies in the treatment of young people in the justice system based on developmental science.
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Da Lomba, Sylvie. "Vulnerability, Irregular Migrants’ Health-Related Rights and the European Court of Human Rights." European Journal of Health Law 21, no. 4 (July 28, 2014): 339–64. http://dx.doi.org/10.1163/15718093-12341325.
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The protection of irregular migrants’ health-related rights brings to the fore the tensions that exist between human rights, citizenship and the sovereign state, and exposes the protection gaps in the international human rights regime. With this in mind, I consider the merits of a vulnerability analysis in international human rights law (ihrl). I posit that, detached from specific groups and reconceptualised as universal, vulnerability can be reclaimed as a foundation and tool of ihrl. I further contend that the deployment of a vulnerability analysis can alleviate the exclusionary dimension of ihrl and extend protections to irregular migrants. On this basis, I investigate the development of a vulnerability analysis in the case law of the European Court of Human Rights. I argue that, in contrast with the Court’s vulnerable population approach, a vulnerability analysis can improve protection standards for irregular migrants in the field of health.
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A. Razon, Arvin Kristopher. "Are Narco-Lists Covered by the Philippine Law on Privacy?: Exploring the Limits of the ‘Classic’ Right to Privacy and Applying a Constitutionally Grounded Data Protection Right." Global Privacy Law Review 2, Issue 1 (February 1, 2021): 44–58. http://dx.doi.org/10.54648/gplr2021006.
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This article dissects the limits of the constitutionally recognized right to privacy and examines the constitutional underpinnings of the right to data protection, specifically applying the analysis in the context of narco-lists: ‘intelligence reports’, issued by Philippine President Rodrigo Duterte’s office, that contain names of public officials allegedly involved in the narcotics trade. Whether individuals named in the narco-lists would be successful in asserting the right to privacy against the release of the narco-lists is uncertain, because of their decreased expectation of privacy, their status as public figures, and the countervailing rights to be balanced. This article further conceptualizes the data protection right as a constitutional right: this right may be asserted by individuals named in the narco-lists; with this right, individuals should be able to either require the government to comply with its ex-ante protections or exercise their rights to reasonable access, to rectification, to erasure or blocking, and to damages. Privacy, Data Protection, Data Privacy, Narco-lists, Philippines Drug War
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Vitikainen, Annamari. "Group Rights, Collective Goods, and the Problem of Cross-border Minority Protection." International Journal on Minority and Group Rights 26, no. 2 (February 2, 2019): 261–88. http://dx.doi.org/10.1163/15718115-02602002.
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This article argues that there are both practical and conceptual reasons for relaxing the prevailing state-centric frameworks for minority protection in the global arena. The article discusses two example cases: the indigenous Sami and the Roma travellers. It draws on analyses of the kinds of rights protected by the key international minority rights documents, and the kinds of goods these rights provide access to. The article argues that the cross-border nature of certain minorities poses specific challenges to the prevailing system of distributing responsibilities for protecting minorities across individual states, each of which has territorially limited obligations. It concludes by paving the way towards a more cosmopolitan institutional approach to cross-border minority protections.
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Roff, Emma. "Family violence and the workplace: Recent developments in Australian law." Alternative Law Journal 45, no. 1 (December 3, 2019): 45–51. http://dx.doi.org/10.1177/1037969x19887558.
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This article examines the workplace rights and anti-discrimination protections available for Australian workers who experience family violence. Despite the significance of family violence as a workplace issue, federal anti-discrimination law and, until recently, the Fair Work Act 2009 (Cth) have failed to provide adequate protection to such employees. The author considers two recent developments in Australian law which may provide more comprehensive rights and protections for family violence victims. Namely, the introduction of domestic violence leave by the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 (Cth) and the family violence attribute under the ACT Discrimination Act 1991.
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Perry, Denielle, Ian Harrison, Stephannie Fernandes, Sarah Burnham, and Alana Nichols. "Global Analysis of Durable Policies for Free-Flowing River Protections." Sustainability 13, no. 4 (February 22, 2021): 2347. http://dx.doi.org/10.3390/su13042347.
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Freshwater ecosystems are poorly represented in global networks of protected areas. This situation underscores an urgent need for the creation, application, and expansion of durable (long-term and enforceable) protection mechanisms for free-flowing rivers that go beyond conventional protected area planning. To address this need, we must first understand where and what types of protections exist that explicitly maintain the free-flowing integrity of rivers, as well as the efficacy of such policy types. Through policy analysis and an in-depth literature review, our study identifies three main policy mechanisms used for such protections: (1) River Conservation Systems; (2) Executive Decrees and Laws; and (3) Rights of Rivers. We found that globally only eight counties have national river conservation systems while seven countries have used executive decrees and similar policies to halt dam construction, and Rights of Rivers movements are quickly growing in importance, relative to other protection types. Despite the current extent of protection policies being insufficient to tackle the freshwater and biodiversity crises facing the world’s rivers, they do provide useful frameworks to guide the creation and expansion of protections. Ultimately, as countries act on global calls for protections, policy mechanisms must be tailored to their individual social and ecological geographies.
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Fick, Sarah, and Michel Vols. "Best Protection Against Eviction?" European Journal of Comparative Law and Governance 3, no. 1 (February 21, 2016): 40–69. http://dx.doi.org/10.1163/22134514-00301002.
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This study focuses on two legal instruments that grant robust protection against eviction: the European Convention on Human Rights (echr) and the South African Constitution (sa Constitution). It compares the protection offered by these two instruments to ascertain which of these instruments offer the most comprehensive protection to unlawful occupiers. This is done so as to determine whether and to what extent these instruments should adopt the protections and approaches offered by the other. It is concluded that, although prima facie the instruments offer similar protection, the implementation of the protections under the sa Constitution offers greater protection. While this can be justified by the socio-economic realities in South Africa, some recommendations regarding the implementation of protections under the echr are made.
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Mwakagali, Mpoki. "International Human Rights Law and Discrimination Protections." Brill Research Perspectives in Comparative Discrimination Law 1, no. 2 (January 31, 2018): 1–78. http://dx.doi.org/10.1163/24522031-12340002.
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AbstractNon-discrimination is a fundamental principle of international human rights law. This volume discusses the international legal framework on this principle and comparatively elaborates the definition of discrimination as well as the grounds of discrimination in the various general and specialised international human rights treaties, including the International Labour Organisation conventions. The element of special measures as an integral aspect of this principle is also raised. A comparative discussion on the incorporation of international standards on the principle of non-discrimination established in the international treaties in regional as well as national human rights frameworks is also set forth to provide practical illustrations of the application of these standards in more specific and localised perspectives. Selected regional frameworks discussed are the African, American and European human rights regional frameworks and the national frameworks are South Africa and Brazil.
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Boister, N. "HUMAN RIGHTS PROTECTIONS IN THE SUPPRESSION CONVENTIONS." Human Rights Law Review 2, no. 2 (January 1, 2002): 199–227. http://dx.doi.org/10.1093/hrlr/2.2.199.
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Alvaro, Alexander. "Why Property Rights Were Excluded from the Canadian Charter of Rights and Freedoms." Canadian Journal of Political Science 24, no. 2 (June 1991): 309–29. http://dx.doi.org/10.1017/s0008423900005102.
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AbstractTheConstitution Act, 1867, contained what were intended to be strong protections of property ownership. These protections gradually eroded, as property was subordinated to democratic will and legislation. The “property rights” debate took place in this context. Those provinces which opposed the property rights clause wanted to safeguard the supremacy of democratic institutions from the potential ramifications posed by such a clause. The federal government, the proponent of the clause, did not intend that such supremacy be usurped. However, the clause was never crucial to the Charter and the federal government abandoned the clause in order to achieve provincial agreement on patriation of the constitution.
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Silmi, Rhaniya, Rani Hendriana, Budiyono Budiyono, Jaco Barkhuizen, and Salman Paris Harahap. "Legal Protections for Victims of Sexual Violence and the Rights of Victims." Jurnal Dinamika Hukum 24, no. 1 (March 4, 2024): 1. http://dx.doi.org/10.20884/1.jdh.2024.24.1.3884.
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WHO has conducted surveys from 2000 to 2018, revealing that out of 161 countries, at least one in three women in the world has experienced physical and/or sexual violence. Additionally, The United Nations Entity for Gender Equality and the Empowerment of Women states that an estimated 35% of women worldwide have experienced physical and sexual violence. The issues addressed in this research are the specific regulations on sexual violence criminal acts in Law Number 12 of 2022 concerning the Sexual Violence Crime Law and the legal protection policy for victims of sexual violence. This research adopts a normative juridical approach, utilizing a literature review as well as secondary data analysis with a statute approach. The research findings indicate that the specific regulations in Sexual Violence Crime Law can be classified based on their definitions, types, evidence arrangements, victim rights, and criminal sanctions. The victim rights encompass the right to assistance, restitution, and compensation, the right to temporary protection, the right not to appear at trial, and the rights related to handling, protection, recovery, and rights for the family of victims of sexual violence criminal. The new regulations and provisions in Sexual Violence Crime Law have introduced many new innovations, particularly in legal protection policies that are oriented towards the rights of victims. However, some aspects still need to be considered to ensure the effective implementation of these regulations. It is necessary to promptly establish further implementing regulations regarding granting victims' rights.
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Hananel, Ravit. "Bills, Rights and Housing Policy: The Evolution of Israel’s Seven-Decade Housing-Related Bills." Sustainability 13, no. 9 (April 21, 2021): 4634. http://dx.doi.org/10.3390/su13094634.
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How do bills contribute to the promotion of housing rights? Is there a relation between the content of proposed bills and a country’s dominant political economy? Are changes in the political-economic regime reflected in housing-related bills? What type of bill is most likely to be enacted: a provision or a protection? These are the challenge of this study. The analysis is based on the theoretical classic distinction between “provisions” (positive rights) and “protections” (negative rights) from the realm of human rights, producing an empirical cumulative-aggregative analysis, which examines the scope and content of housing-related bills in the Israeli parliament since its establishment in 1948, until today. The research findings are counterintuitive, challenging the understanding that welfare regimes encourage extensive provisions, as opposed to neoliberal regimes that promote extensive protections. Given the current global housing affordability crisis, the research findings are relevant to many countries, parliaments, and organizations that are currently seeking to promote various housing rights.
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Raquel Minian, Ana. "Offshoring Migration Control: Guatemalan Transmigrants and the Construction of Mexico as a Buffer Zone." American Historical Review 125, no. 1 (February 1, 2020): 89–111. http://dx.doi.org/10.1093/ahr/rhz1227.
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Abstract During the late Cold War, the United States and Western European countries offshored migration control to less powerful nations by converting them into buffer zones. Buffer zones had long been used to provide nations with military protection; now they were imagined as protecting nations from migrants by obstructing their movement. This practice had human rights implications. Beginning in the 1970s, the idea flourished that the defense of individual human rights was a transnational mandate that extended beyond the protections granted by particular nation-states. Ironically, the transnational practice of extending migration controls beyond individual nation-states that developed in the 1980s opened the door to increased human rights violations. This essay explores these dynamics by focusing on how, during the 1980s, U.S. officials pressured Mexican authorities to enter into a Faustian bargain that limited Mexico’s sovereign right to determine its immigration practices. U.S. policymakers insisted that they would turn a blind eye to Mexican migration if Mexican officials suppressed Central American migration into and through Mexico. In turn, Mexico’s leaders instituted measures to stop Central Americans from reaching the United States. These measures did not curtail transmigration, but they did lead to widespread violence and human rights abuses.
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Mihelčić, Gabrijela, and Maša Marochini-Zrinski. "Should negatory action against immissions be reformed in the light of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the right to live in a healthy environment?" Glasnik Advokatske komore Vojvodine 94, no. 3 (2022): 767–823. http://dx.doi.org/10.5937/gakv94-38979.
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In this paper, the authors rely on the results of scientific research based on which they concluded that although there are notable differences between the Croatian national regulation of immission protection and the one provided by the European Convention for the Protection of Human Rights and Fundamental Freedoms, and taking into account the role of the Convention (the principle of subsidiarity), it is not inconceivable that protecting this right (which all states are obligated to protect) strengthens the position of the authorized national representative for negatory protection (e.g., the possibility of determining the basis relevant for negatory action in a less complex way; removing discrepancies, such as, for example, the requirement that proprietary legal protection of ownership and other proprietary rights against immissions is preceded by protections pursuant to special regulations, etc.). In this light, the authors analyse recent Convention case-law and compare the regulation of negatory action (protection of property from harassment) with the protection of a specific right established by the Convention - the right to live in a healthy environment based on Article 8 of the Conventionthe right to respect for private and family life, home and correspondence. Exhaustively analysing the right to live in a healthy environment, they explain the interpretative methods and principles used by the European Court in detail, continuing their research concerning this issue. The main focus is on exploring the features of previously postulated rights: the requirement that the human rights protected by the Convention are violated by adverse environmental factors (that is, the existence of a specific Convention causal link); the category of a minimum level of severity; oscillation of this "quantum" of the minimum level of severity within Convention "fluctuations" and the scope (and type) of protection of the right to live in a healthy environment through the paradigm of the positive/negative obligations of the contracting states; naturally, bearing in mind the more recent cases brought before the Court. In conclusion, the authors answer the question postulated in the title of the paper.
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Singla, Arun. "The Evolving Landscape of Privacy Law: Balancing Digital Innovation and Individual Rights." Indian Journal of Law 2, no. 1 (2024): 1–6. http://dx.doi.org/10.36676/ijl.v2.i1.01.
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The rapid pace of digital innovation presents significant challenges to existing privacy laws, necessitating a delicate balance between technological advancement and the protection of individual rights. This paper explores the evolving landscape of privacy law, highlighting the tension between fostering digital innovation and ensuring robust privacy protections. Through a historical overview, the paper traces the development of privacy laws from their inception to the current global regulatory framework, including key legislations such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). It delves into the challenges posed by emerging technologies, such as artificial intelligence, the Internet of Things (IoT), and big data, and examines case studies that illustrate these challenges. The analysis reveals a dynamic interplay between innovation and privacy, where stringent regulations may impede technological progress, while lax privacy protections may undermine individual rights. The paper proposes legal reforms and innovative approaches to privacy protection, advocating for a flexible legal framework that can adapt to technological advancements while safeguarding privacy. The conclusion underscores the importance of ethical considerations in shaping future privacy laws and the need for a balanced approach that supports both digital innovation and the protection of individual rights.
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Rizka, Rizka, and Anindia Fadhilah. "One Form of Protection for Persons with Mental Disabilities: An Exploration Study of Indonesian Legislations on the Protection of Inheritance Rights of Persons with Mental Disabilities." Society 10, no. 1 (June 30, 2022): 220–28. http://dx.doi.org/10.33019/society.v10i1.411.
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Indonesia ratified the Convention on the Rights of Persons with Disabilities (CRPD) and enacted Laws that provide for the right to justice and legal protection for persons with mental disabilities, including the right to own and inherit a legacy. Paradoxically, the same laws legalize actions that undermine their rights. This study examines the legal protection accorded to persons with mental/intellectual disabilities over their inheritance rights as per the Indonesian three-pronged inheritance laws comprising Islamic law, adat law and the civil code. This research is descriptive, using a normative approach with a measure of doctrinal research. Indonesian laws still provide for substituted decision-making for persons with mental disabilities, which legalizes denying their right to legal agency. Ambiguities abound in the laws on important aspects, like how one is declared incapable of making legal decisions. Supported decision-making mechanisms for persons with mental disabilities in Indonesian laws would provide the basis for setting up support centers where persons with mental disabilities can access the necessary support to enable them to make legal decisions. This study can be useful in addressing issues that infringe on the legal rights and protections of people with mental disabilities.
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Katanyutaveetip, Kavin, Prin Laksitamas, and Siwarat Kobayashi. "Ethical Marketing Communication: Customers’ Decision Rights Protection." International Journal of Management Studies and Social Science Research 04, no. 05 (2022): 179–85. http://dx.doi.org/10.56293/ijmsssr.2022.4515.
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This proposed quantitative research scenario studied on ethical marketing communication to protect the decision-making rights of customers. The research will consist of a survey and development research with Structural Equation Modelling (SEM). These research results indicate that ethical marketing communications customers have developed decision-making rights protections. The new approach can be operationalized that will accelerate the rate of purchasing decision behavior by protecting the decision rights of ethical marketing customers in the Kingdom of Thailand.
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Miller, Kenneth. "The American Employment-at-Will Doctrine and its Impact upon Employee Rights." Edinburgh Law Review 5, no. 2 (May 2001): 169–85. http://dx.doi.org/10.3366/elr.2001.5.2.169.
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In Great Britain protection against arbitrary dismissal is almost taken for granted. The protection has been in existence for nearly thirty years and the basic rules are fairly straightforward and reasonably well known. The British position is not dissimilar to that enacted in other countries and is consistent with international standards. It is surprising to discover, therefore, that the world's most powerful state, the United States, lacks universal and coherent laws on dismissal. To be sure protections are available in the unionised sector through grievance arbitration, and there are federal and state statutes which provide extensive protections against discrimination at the workplace. Otherwise, workers faced with dismissal have to rely on the American common law, which is even less protective than the common law of England and Scotland. This article examines the present common law position in the United States as represented by the employment-at-will doctrine and considers both judicial and statutory developments to extend protection against dismissal. It concludes that the Model Employment Termination Act may provide the necessary impetus for change at state level.
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Konini, Ivas, Alketa Elezi, and Iv Rokaj. "A Fair Trial Perspective on Albanian Law No. 19/2016 “On Additional Measures for Public Security”: Aligning with European Human Rights Standards." Academic Journal of Interdisciplinary Studies 13, no. 4 (July 2, 2024): 82. http://dx.doi.org/10.36941/ajis-2024-0101.
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This study critically assesses Albania's Law No. 19/2016 "On Additional Measures for Public Security" against the European Convention on Human Rights (ECHR), focusing on privacy and the right to a fair trial. Through comparative legal analysis, it juxtaposes Law No. 19/2016 with ECHR provisions and the European Court of Human Rights (ECtHR) jurisprudence, examining the law’s alignment with human rights norms, especially regarding surveillance. The analysis uncovers substantial discrepancies, particularly in the law’s approach to public surveillance and the protection of individual rights, indicating a need for significant legal reform in Albania. The paper proposes amendments to better align national legislation with ECHR standards, advocating for clearer surveillance regulations, enhanced privacy protections, and adherence to fair legal processes. It champions a balanced public security strategy that respects human dignity and freedom, aligning with European human rights principles. Received: 15 January 2024 / Accepted: 22 May 2024 / Published: 02 July 2024
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Theodos, Tiffany F. "The Patients’ Bill of Rights: Women’s Rights Under Managed Care and ERISA Preemption." American Journal of Law & Medicine 26, no. 1 (2000): 89–108. http://dx.doi.org/10.1017/s0098858800010832.
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AbstractPublic concern over the perceived failure of managed care has led many to call for the increased accountability of managed care organizations (MCOs). In response, during his January 1998, State of the Union address, President Clinton outlined a Patients’ Bill of Rights that would guarantee patients certain protections against abuses by their health plans. Since January 1998, the Patients’ Bill of Rights has been entrenched in partisan politics. Consequently, the 105th Congress failed to enact a Patients’ Bill of Rights and the 106th Congress has passed two opposing versions of the Bill. At the time of publication, the two bills sat in a joint House Senate conference committee awaiting reconciliation.Although both sides support legislation increasing patient protections, Democrats and Republicans are divided over the issue of remedies for patients who have had their rights violated.