3,005 results on '"Political rights"'
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2. Utilizing Artificial neural networks (ANN) to regulate Smart cities for sustainable Urban Development and Safeguarding Citizen rights.
- Author
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Kuang, Zhen, Su, Junyu, Latifian, Ahmad, Eshraghi, Sanli, and Ghafari, Alireza
- Subjects
- *
SUSTAINABLE urban development , *ARTIFICIAL neural networks , *TECHNOLOGICAL innovations , *POLITICAL rights , *CITIES & towns - Abstract
The advent of smart cities has brought about a paradigm shift in urban management and citizen engagement. By leveraging technological advancements, cities are now able to collect and analyze extensive data to optimize service delivery, allocate resources efficiently, and enhance the overall well-being of residents. However, as cities become increasingly interconnected and data-dependent, concerns related to data privacy and security, as well as citizen participation and representation, have surfaced. This article emphasizes the significance of regulating smart cities to foster a culture of citizenship and safeguard civic rights, security, and privacy. Effective regulatory frameworks are crucial in striking a balance between technological innovation and the protection of fundamental rights. The article examines various pivotal policies and regulations concerning data protection, cybersecurity, and citizen involvement in decision-making processes. Data protection regulations play a vital role in safeguarding individuals' personal information and ensuring its collection, processing, and usage comply with legal requirements. Similarly, cybersecurity regulations are indispensable in fortifying smart city systems against cyber threats. Regulations promoting citizen engagement and participation can cultivate a sense of ownership and responsibility among citizens, contributing to the creation of more inclusive and democratic urban environments. This study used an artificial neural network (ANN) to examine the effects of cyber security regulations, citizen participation, information sharing laws, and data protection on smart city development. Implementing these policies led to a 30% increase in citizen participation over 4 years, which continued even when regulations were temporarily suspended. However, unchanged or reduced regulations led to declines in information sharing. The neural network's predictions showed acceptable error compared to experimental results. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
3. Fake news e suas consequências: protegendo a democracia em tempos de desinformação.
- Author
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Scarpino Junior, Luiz Eugenio, de Castro Coelho, Larissa, and Pompolo Habib, Maria Julia
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FAKE news ,POLITICAL rights ,NEW democracies ,FACILITATED communication ,MISINFORMATION - Abstract
Copyright of Cadernos de Dereito Actual is the property of Asociacion Xuristas en Accion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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- 2024
- Full Text
- View/download PDF
4. ПОРІВНЯЛЬНИЙ АНАЛІЗ ПРОБЛЕМ РЕАЛІЗАЦІЇ СВОБОДИ СЛОВА НА ТИМЧАСОВО ОКУПОВАНИХ ТЕРИТОРІЯХ УКРАЇНИ ДО ТА ПІСЛЯ ЇХ АНЕКСІЇ РОСІЙСЬКОЮ ФЕДЕРАЦІЄЮ.
- Author
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Е. О., Котенджи
- Subjects
POLITICAL rights ,MARTIAL law ,LIBERTY of conscience ,MILITARY occupation ,HUMAN rights ,FREEDOM of speech ,FREEDOM of expression - Abstract
The article analyzes the problem of implementing freedom of speech in the temporarily occupied territories of Ukraine, as well as compares the actual situation of observing the human right to freedom of speech before and after Russia’s annexation of four regions of Ukraine in 2022. During the study, cases of arbitrary restriction of this freedom by the occupation administration of the Russian Federation were characterized and the reasons for such restrictions were determined. The article emphasizes that the real purpose of establishing restrictions on freedom of speech and other human rights and freedoms by the aggressor state is to ensure the internal stability of the Russian authoritarian regime. In order to achieve this goal, the Russian political nomenclature resorts to the practice of underestimating or excluding the role of representative institutions, as well as canceling or significantly limiting the political rights and freedoms of residents of the territories controlled by Russia. The article states that due to the effective control of certain areas of Donetsk and Luhansk regions by the Russian Federation since 2014, the Russian establishment managed to spread its autocratic practices on the territory of the self-proclaimed «republics» even before their annexation. In order to realize this goal, the occupation administration created formal grounds that allowed it to significantly limit the rights of residents in the territories under its control, although arbitrary restrictions on human rights, in particular the right to freedom of thought and speech, to the free expression of views and beliefs, were observed in the territories of Donetsk and Luhansk regions from the first days of their transition under the control of Russian militants. As a result of conducting a comparative legal analysis of the real situation of freedom of speech in the occupied territories of Ukraine before and after their annexation by the Russian Federation, it was concluded that the annexation by Russia of four regions of Ukraine in 2022 made it more difficult for residents to exercise their right to freely express their views and beliefs. The deterioration of the situation with civil space and fundamental freedoms in the occupied regions of Ukraine is explained by the fact that, as a result of the violent and illegal temporary rejection of part of the territory of Ukraine, Russia extended the effect of its administrative-delict and criminal legislation to these territories, in particular the so-called «fakes laws», by which the Russian Federation introduced military censorship on its territory in March 2022. Compared to the territory of the Russian Federation, in the occupied Ukrainian regions the realization of human and citizen rights and freedoms is further complicated by the introduction of martial law by the Russian occupation administration, which gave Russia a formal opportunity to continue arbitrarily restricting a number of rights and freedoms in the aforementioned territories. Taking into account these and other arguments presented in the article, the conclusions were reached that improving the situation of freedom of speech in the respective regions is possible only in the case of restoration of Ukrainian sovereignty over the temporarily occupied territories and the prevention of any form of interference of the Russian authoritarian regime in the public and political life of Ukraine. [ABSTRACT FROM AUTHOR]
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- 2024
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5. ЗАСТОСУВАННЯ ЗАПОБІЖНОГО ЗАХОДУ У ВИГЛЯДІ ТРИМАННЯ ПІД ВАРТОЮ В ПЕРІОД ДІЇ ВОЄННОГО СТАНУ
- Author
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Е. В., Дяченко
- Subjects
EUROPEAN Convention on Human Rights ,MARTIAL law ,JUSTICE ,POLITICAL rights ,JUDGES - Abstract
The article is devoted to the study of the issues related to the application of a preventive measure in the form of detention with due regard for the amendments to the CPC of Ukraine under martial law. The article highlights what changes have occurred in the Criminal Procedure Code of Ukraine regarding the application of preventive measures in the form of detention under martial law, and also draws conclusions about the effectiveness of these changes and recommendations for their further improvement. The author analyzes the legislative changes regarding the "delegation" of certain powers of the investigating judge to the head of the prosecutor's office, which is an exception to the general rules for choosing preventive measures established by national legislation. The author establishes that the legislator has retreated from certain obligations under the International Covenant on Civil and Political Rights and the European Convention on Human Rights by actually delegating some powers of investigating judges and the court to the heads of prosecution bodies. It is proposed to: 1) to amend Art. 615 of the CPC of Ukraine: to change the procedure for extending the term of validity of the detention order so that the heads of prosecutor's offices have the right to extend the term of validity of the investigating judge's detention order only for persons suspected of committing crimes under Section I of the Criminal Code of Ukraine, as well as crimes committed in the territories of military operations; 2) to amend Art. 8 of the CPC of Ukraine: to grant the investigating judge or court the right to assess the existing risks defined in Article 177 of the CPC of Ukraine and the right to determine the type of preventive measure for military personnel at their own discretion, which should be based on the basis of proof of these risks. The issues discussed in this article do not exhaust the problems of the CPC of Ukraine in terms of the procedure for applying a preventive measure in the form of detention during martial law. However, the proposed amendments will immediately bring the national legislation on the procedure for applying a preventive measure in the form of detention during martial law in line with the European standards of human rights protection in the field of criminal justice. [ABSTRACT FROM AUTHOR]
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- 2024
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6. How to End the Democratic Recession: The Fight Against Autocracy Needs a New Playbook.
- Author
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DIAMOND, LARRY
- Subjects
- *
POLITICAL rights , *ARAB Spring Uprisings, 2010-2012 , *STATE power , *POLITICAL scientists , *POLITICAL elites , *CIVIL disobedience , *CIVIL society , *VOTING - Abstract
The article discusses the fall of Bangladesh's prime minister, Sheikh Hasina, following mass protests, highlighting the country's descent into autocracy under her rule. It also explores the global trend of democratic decline, with many countries moving towards competitive authoritarian regimes. The text emphasizes the importance of resisting authoritarian populism, exposing its fraudulent nature, and supporting democratic movements through peaceful means and electoral processes to reverse the global democratic backsliding. [Extracted from the article]
- Published
- 2024
7. Communicating international politics narratives of security, democracy and human rights in contemporary society: indexing and analysis using online monitoring data.
- Author
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Olimid, Anca Parmena, Georgescu, Cătălina Maria, and Gherghe, Cosmin Lucian
- Subjects
INTERNET content ,POLITICAL rights ,CIVIL rights ,MODERN society ,HUMAN rights - Abstract
Objectives: The role of the current research is to set up a conceptual and analytical framework of the security, democracy and human rights linkage in contemporary society mainly based on the indexing, monitoring and research of online content for the period 1945-2019. Methods and methodology: Due to the focused timeline outlining the scientific research for the period 1945-2019, the paper favors both quantitative and qualitative approaches that follow a systemic framework of several thematic clusters which act as supporting pillars of analytical research by using Google Ngrams: (a) norms and constitutional values and principles; (b) civil and legal liberties; (c) human and individual approaches; (d) institutional governance and organizational establishment; (e) freedoms, civil and political rights. Results and discussions: The research results explore the variations in the frequency of appearances of the selected concepts in the specialized literature indexed by the Google platform indicating essential aspects of the conceptual and theoretical evolutions in strict dependence to the significant resolutions of the Security Council of the United Nations adopted in the same period and focusing on three central concepts: security, democracy and human rights. The spectrum of research singles out fifteen figures and an integrated analysis of contextual, historical, political, institutional, legal and social factors. Conclusion: The research aims to expand the field of reference and analysis of the three notions of security, democracy and human rights by integrating the multifactorial and multi-conditional analysis for the interpretation of the results of the fifteen figures. In the broader framework of online monitoring and complementarily with the spectrum of UNSC resolutions, the research will use contemporary topics, intensely debated, used and monitored, focusing on the conceptual and linguistic study and on the relationship between the analytical inventory of scientific research and the international decision-making spectrum. This relationship is mediated by the lexicon of politics and the sociology of international relations, which reflected a growing evolutionary linguistic semantics since 1945, the year of the establishment of the United Nations. [ABSTRACT FROM AUTHOR]
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- 2024
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8. THE RIDDLE OF RACE-BASED REDISTRICTING.
- Author
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Crum, Travis
- Subjects
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BLACK voters , *POLITICAL rights , *RACE , *APPORTIONMENT (Election law) ,VOTING Rights Act of 1965 (U.S.) - Abstract
The Supreme Court has adopted divergent interpretations of the Equal Protection Clause as applied to race and redistricting. Vote dilution doctrine requires mapmakers to consider race to ensure that racial minorities are not packed or cracked. Congress, moreover, has embraced vote dilution doctrine in Section 2 of the Voting Rights Act. By contrast, racial gerrymandering doctrine triggers strict scrutiny if mapmakers subordinate traditional redistricting principles to race, thereby threatening Section 2's constitutionality. To resolve this doctrinal riddle, this Essay examines whether, as originally understood, the Fourteenth or Fifteenth Amendment governed the use of race during redistricting. The Equal Protection Clause did not apply to political rights. Indeed, the Fifteenth Amendment enfranchised Black men nationwide. The Reconstruction Framers debated whether the Fifteenth Amendment also protected the right to hold office, but they barely discussed redistricting. This Essay then turns to postratification evidence. The Enforcement Acts did not regulate the use of race during redistricting. During the 1870 and 1880 redistricting cycles, Republican Southern states empowered Black voters whereas Democratic Southern states packed and cracked them. This Essay argues that, from an originalist perspective, the competing doctrines of vote dilution and racial gerrymandering are improperly grounded in the Equal Protection Clause. This Essay further claims that, under the Fifteenth Amendment, there is some historical evidence in favor of vote dilution doctrine but virtually no historical support for racial gerrymandering doctrine. The upshot is that Section 2 is valid legislation under Congress's Fifteenth Amendment enforcement authority to protect the rights to vote and hold office. [ABSTRACT FROM AUTHOR]
- Published
- 2024
9. Refugee Education: Aligning Access, Learning & Opportunity.
- Author
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Dryden-Peterson, Sarah
- Subjects
- *
YOUNG adults , *STUDENT mobility , *POLITICAL rights , *FUTURES , *SOCIAL mobility - Abstract
Access, learning, and opportunity are usually conceptualized in a sequential and linear way: with access to school comes learning and with learning comes opportunity. But for most refugee students-and for most marginalized students globally-this model simply does not hold. In settings where students' mobility and their social, economic, and political rights have massive restrictions, access to school does not translate into learning, and learning does not translate into opportunities. Creating education that enables refugee young people to feel a sense of belonging and prepares them to help build more peaceful and equitable futures requires us to address these misalignments, which are rooted across the ecosystem, from macrolevel geopolitical arrangements to micro-level interactions in classrooms. I pose three questions as central in understanding these misalignments: Who is allowed to be where and for how long? Who is responsible for refugee education? And who can feel a sense of belonging? Answering these questions informs how we might work, through policy and practice, toward alignment. [ABSTRACT FROM AUTHOR]
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- 2024
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10. The Role of Political Freedoms in Gender Inequalities: Global Evidence.
- Author
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Hajamini, Mehdi, Zare, Ameneh, Dehghani, Abolfazl, and Nikooghadam, Masoud
- Subjects
POLITICAL rights ,SEX discrimination ,LIBERTY ,POLITICAL systems ,RANDOM forest algorithms ,DEVELOPING countries ,GENDER inequality - Abstract
In today's world, the socio-economic statuses of women and men have evolved; however, the effects of masculine ideologies are still evident, particularly in developing and underdeveloped countries. The function of governments as a shield that protects the interests of men is widely believed to be historically and institutionally related to this inequality of opportunities. As a result, the present paper has investigated the role of political structure and power on gender inequalities using two methods of variance analysis and random forest, as well as over 2500 observations from 94 countries between 1970 and 2020. For this purpose, Hofstede's cultural dimensions and political rights and civil liberties indicators were implemented. Based on the variance analysis, two dimensions of democratic political structure were found to be significantly involved in the explanation of the disparity between gender development and gender inequality, particularly the primary difference between not-free and partly-free countries and free countries. In order to experience a society with minimal gender discrimination, it is imperative to prioritize civil liberties and political rights, as the random forest results also confirmed. However, the results concerning cultural characteristics are exceedingly susceptible to fluctuations and are contingent upon the sample or gender index . A policy trade-off between gender freedom and development is not presented to policymakers in developing and underdeveloped countries; rather, they are presented with an all-or-nothing choice. Reducing gender inequality and achieving a free political system are two aspects of the same coin. [ABSTRACT FROM AUTHOR]
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- 2024
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11. كيفيات تعزيز الآليات المختلفة لمساءلة ومسؤولية الحكومة في إطار المنظومة الدولية لحقوق الإنسان.
- Author
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علي رضا دبيرنيا and حسنين جاسم کاظم
- Subjects
POLITICAL persecution ,POLITICAL rights ,FREEDOM of expression ,HUMAN rights ,EXECUTIVE power ,FREEDOM of the press - Abstract
Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
12. ضمان سيادة الشعب من خلال مراقبة تنفيذ الدستور في الأنظمة الديمقراطية.
- Author
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علي رضا دبيرنيا and کرار کریم هاشم
- Subjects
POLITICAL rights ,DUTY ,ADULTS ,DEMOCRACY ,CIVILIZATION - Abstract
Copyright of Journal of Babylon Center for Humanities Studies is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
13. [UN]BOUND? A CRITICAL ASSESSMENT OF THE NATURE OF INTERIM MEASURES REQUESTS BY THE HUMAN RIGHTS COMMITTEE.
- Author
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MITCHELL, ANDREW D. and MALONE, TRINA
- Subjects
INTERIM governments ,HUMAN rights ,INTERNATIONAL Covenant on Civil & Political Rights (1966) ,TREATIES ,CIVIL rights ,POLITICAL rights - Abstract
In this article, we critically examine the nature and legal force of interim measures requests (IMRs) issued by the Human Rights Committee (HR Committee) in response to communications received under the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR-OP1). Despite the lack of express provisions in the Covenant or the Optional Protocol regarding the power of the HR Committee to issue IMRs or the obligation of States to comply with them, the HR Committee has established its own Rules of Procedure to issue purportedly binding IMRs in certain circumstances. This article is the first thorough examination of whether IMRs are binding and, if so, on what basis. We conclude that States parties must comply with IMRs in good faith under Article 26 of the Vienna Convention on the Law of Treaties. However, we note that this interpretation requires a forward-leaning approach that privileges the object and purposes of the ICCPR-OP1. The article contributes to the ongoing debate surrounding the legal nature and force of IMRs issued by the HR Committee. [ABSTRACT FROM AUTHOR]
- Published
- 2024
14. Liberal visions of multiculturalism and majoritarianism.
- Author
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LeVan, A. Carl
- Subjects
POLITICAL science ,POLITICAL rights ,POLITICAL attitudes ,POLITICAL competition ,STATE power - Abstract
Liberalism advances democratic rights and representation through three principles. First, it seeks to protect individuals from abusive state power. Second, it shares an affinity with the epistemology of the Enlightenment, where an objective world can be discovered and observed. Third, it limits "tyranny of the majority" through civil liberties that counter the weight of public opinion and political rights that enable political competition of ideas. Rapidly evolving demands for recognition in the United States have advanced a broad critique of liberalism, highlighting the boundaries it imposes on representation as well as its limited success protecting rights. This essay traces disenchantment with liberalism to two very different sources: first, many progressives who resent how the jurisprudence of equal opportunity obscures efforts to achieve actual equality reject "anonymity" under the law-removing a core civil rights principle for promoting fairness. Such demands for more explicit rights and representation conflict with the majoritarian model's application of liberalism, which biases cultural assimilation over multicultural integration. Movements for recognition increasingly challenge both assimilation and the institutional devices of multicultural integration. The other source of tension around recognition comes from the right, where populists have set out to revive nativist ideas of coerced assimilation or outright homogenization through exclusion (ie, nonrecognition). Such failures of representation have promoted subjectivist views as a credential for contesting facts. The paper argues for "pluralist solidarity" as a tool for reconciling multiculturalism with new rights and demands for recognition emanating from liberalism's traditions of individual liberty. This device aims to help separate the quest for recognition and dignity from the subjectivity that contributes to post-truth politics. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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15. حمایت از میراث فرهنگی ناملموس و ضرورت بهرسمیت شناختن حقوق فرهنگی جمعی.
- Author
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ژانت بلک
- Subjects
CULTURAL rights ,GROUP rights ,CULTURAL property ,HUMAN rights ,POLITICAL rights - Abstract
Cultural heritage is one of the manifestations of cultural rights. Therefore, its protection should be analyzed in the field of cultural rights. The Human Rights Council acknowledged in its Commentary to Article 27 of the International Covenant on Civil and Political Rights (1966) that the logic of protecting the rights of members of linguistic, ethnic, and religious minorities is a collective one and that these rights cannot be realistically secured on the individual level. The same logic applies with regard to the human right to have access to and enjoy cultural heritage, as this article examines. Therefore, the main concern of this article is the seemingly collective nature of cultural rights. The recognition of the collective character of much, if not most, Intangible cultural heritage and of the related cultural rights inevitably raises the question of traditional cultural practices that are important to the collective but that individual members view as discriminatory. In this article, this evolution in human rights thinking is examined as well as the challenges associated with ascribing a collective character to such rights. As a result, cultural negotiation is suggested as a solution to adjust and solve the mentioned challenge. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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16. Becoming morally equipped: A study of children's public expressions.
- Author
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Haugseth, Jan Frode and Smeplass, Eli
- Subjects
POLITICAL rights ,PRAGMATISM - Abstract
This article discusses the notion of a 'morally equipped' childhood and adolescence, and how such a notion can help us get a fresh perspective on the relation between young people's participation and empowerment, and the formation of personal and the collective moral repertoires of modern society. Utilising a mixed-methods approach inspired by the sociology of conventions (SC) and the sociology of regimes of engagement (SRE), we analyse letters to the editor of the Norwegian children's newspaper Aftenposten Junior, to investigate the formats of children's generalised moral arguments. We demonstrate that our informants exhibit a broad moral sensibility in the letters we have analysed, particularly showing keen engagement with issues related to civic rights. We discuss the young participants' expressions in the light of convention theory. We make a case for how becoming 'morally equipped' could be understood as being able to engage, challenge, and articulate the tensions and negotiations between personal formats of daily experiences and interactions, and collective formats, such as public expressions, throughout childhood and adolescence. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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17. Analysis of the Challenges and Dilemmas in the Categorization of Economic, Social and Cultural Rights.
- Author
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OGUNBANJO, Bimbo
- Subjects
SOCIAL & economic rights ,CULTURAL rights ,DISPUTE resolution ,HUMAN rights ,POLITICAL rights - Abstract
This paper discusses the limitations associated with the basic classification of human rights into several categories. The topic of whether international trends have an impact on the view of the State regarding the significance of implementing rights through the acceptance of individual complaint procedures is complex. Starting with an acknowledgment of the infinite extent of the issue, this paper displays a belief in the fallacious conceptions of differences in human rights. It investigates and assesses the institutional contribution to the advancement of human rights through a chronological analysis of historical processes that give rise to changes in the 20th century. To address this particular distinction, this paper examines the 1993 Vienna Declaration and Program of Action and the new Optional Protocol for validation and endorsement. By highlighting many similarities in the language and nature of State responsibilities, it challenges the reader to consider whether non-justiciability provides a basis in the first place. The purpose of this paper is to investigate the function of dispute resolution mechanisms during the implementation phase. From a practical standpoint, it compels the reader to contemplate if the committee procedures outlined in international conventions serve just as symbolic representations of non-cooperation by States or are put into effect. This paper ultimately presents the reader with some thought-provoking material in the dichotomy between enforcement and justiciability. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
18. PUNISHMENT FOR REVOCATION OF POLITICAL RIGHTS FOR PUBLIC OFFICIALS CONVICTED OF CORRUPTION BASED ON A JUSTICE PERSPECTIVE.
- Author
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Samosir, Marlina, Farma Rahayu, Mella Ismelina, and Sudiro, Amad
- Subjects
POLITICAL rights ,SOCIAL & economic rights ,CRIME ,PUBLIC officers ,CORRUPTION ,POLITICAL corruption ,CRIMINAL act ,LAW reports, digests, etc. ,JUSTICE - Abstract
Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
19. Realization Mechanism of Farmers' Rights and Interests Protection in the Paid Withdrawal of Rural Homesteads in China—Empirical Analysis Based on Judicial Verdicts.
- Author
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Zhou, Xuemei, Tong, Chuanyu, Nian, Sifeng, and Yan, Jia
- Subjects
JUDICIAL salaries ,DISPUTE resolution ,SOCIAL & economic rights ,POLITICAL rights ,PROPERTY rights - Abstract
In recent years, the paid withdrawal of rural homesteads has become a widely discussed topic within the academic community. However, from the perspective of protecting farmers' rights and interests, literature exploring the impact of this policy's implementation remains scarce. As the reform of the separation of the three rights of the homestead deepens, disputes related to paid withdrawal of homesteads have escalated rapidly. This study aims to highlight the importance of protecting farmers' rights and interests, seeking to enhance their property rights and revitalize unused rural resources. Employing a case study methodology, this study systematically examines the issue of farmers' rights and interests protection during homestead withdrawal. This analysis is based on the survey, collection, and evaluation of 324 judicial cases. The findings reveal the following: (1) Disputes involving paid withdrawal of homesteads encompass the entire withdrawal process, with the majority of conflicts arising during the withdrawal stage. (2) Prior to withdrawal, farmers express heightened concern regarding their political rights, particularly the right to be informed and to participate in withdrawal decisions. (3) During the withdrawal process, farmers prioritize resettlement and compensation rights. Additionally, novel issues such as the allocation of withdrawal compensation surface after farmers receive resettlement and compensation benefits. (4) After withdrawal, farmers anticipate more suitable "alternative" social rights and remedies. Based on these findings, this study presents policy recommendations for realizing farmers' rights and interests in the context of paid withdrawal of rural homesteads. These suggestions include consistently respecting farmers' autonomy and preserving their political rights throughout the withdrawal procedure. During the withdrawal stage, emphasis should be placed on the comprehensive value of resettlement compensation, encompassing both the residential and social security aspects of rural homesteads. Post-withdrawal, farmers' social rights and the development rights of their homesteads ought to be fully guaranteed, ensuring a harmonious balance between farmers' immediate and long-term interests. Furthermore, optimizing the dispute resolution mechanism stands as a pivotal aspect of safeguarding farmers' rights and interests through legal recourse. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
20. Determinants of the employee’s right to run for office or be elected
- Author
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Asmaa Ibrahim
- Subjects
public servant ,political rights ,candidacy ,election ,duties of the public servant ,Law - Abstract
The public servant’s exercise of political rights is not absolutely like this, but rather a set of determinants derived from the legislation at times, and from the subjectivity of the public function at other times, and the determination of such determinants does not aim to ban political rights, but rather to place the exercise of these rights in its correct framework compatible with job duties, so it is Either they are fixed by legal texts, or they are derived from the nature of the public job, and these restrictions are imposed on all public officials, but in a relative manner according to the type of job, and the employee’s rank in the levels of the administrative ladder. And others, neglecting the duty of presidential obedience and not disclosing job secrets, so it was necessary to state who the employee is and then clarify the determinants imposed by legal texts
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- 2024
- Full Text
- View/download PDF
21. THE LONG RESISTANCE.
- Author
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Canape, Agatha
- Subjects
- *
POLITICAL rights , *POWER (Social sciences) , *POLITICAL elites , *POLITICAL organizations , *POLITICAL parties , *INSURGENCY , *FISHING villages - Abstract
The article discusses the National Democratic movement in the Philippines, which is composed of various grassroots organizations and aims to resist imperialism, capitalism, and dictatorship. The movement recognizes the historical role of the US in exploiting and oppressing the Filipino people. It engages in various forms of resistance, including protests, parliamentary struggle, and armed struggle. The article also highlights the ongoing influence of the US in the Philippines and the human rights violations committed by the government. The National Democratic movement advocates for genuine agrarian reform, the development of local industries, and a self-reliant economy. [Extracted from the article]
- Published
- 2024
22. BASES FOR THE INTERPRETATION OF TOURIST ACTIVITIES IN THE EUROPEAN UNION: RESOLUTIONS CONCERNING REGIONAL WATERS OF INTERNATIONAL CHARACTER.
- Author
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Sotelo Pérez, Ignacio and Pérez, María Sotelo
- Subjects
- *
POLITICAL rights , *SEAWATER , *JUSTICE , *HYDROLOGIC cycle , *WATER conservation - Published
- 2024
23. UNDERREPRESENTATION OF WOMEN IN PARLIAMENT AFTER THE INTRODUCTION OF ELECTORAL GENDER QUOTAS: LESSONS FROM CROATIA.
- Author
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Lulić, Mira and Pašuld, Sanda
- Subjects
- *
POLITICAL rights , *POLITICAL scientists , *WOMEN legislators , *GENDER inequality , *POLITICAL participation - Abstract
The article studies the legal issue of women’s political (under)representation in the Croatian Parliament from the independence of the Republic of Croatia to the present day, with a special focus on the ineffectiveness of electoral gender quotas as positive measures to increase the number of women in parliament. Namely, Croatia is the only country in the European Union that introduced electoral gender quotas by law, after which it recorded a serious decrease in the number of women in parliament. The Gender Equality Act in 2008 and Act on the Election of the Members of the Croatian Parliament (amendments 2015) prescribes 40 % quotas for each gender. However, not only did these quotas fail to achieve the expected result, but unexpectedly, the number of women parliamentarians in Croatia even decreased after their introduction. For every modern legal state and democratic society, it is very important to understand how electoral gender quotas work and how they can positively affect the representation of women in political decision-making. Care should be taken in determining what legislative solutions and political activities should be undertaken to increase the number of women in parliaments. The article begins by addressing the definition and terminological challenges associated with basic terms, and then proceeds to offer an overview and analysis of positive legal regulations on electoral gender quotas and equality within the legal system of Croatia. Furthermore, the article provides an analysis of the number of women in the Croatian Parliament across all previous parliamentary elections from the country’s independence to the present day. In conclusion, it proposes a thorough and effective redefinition and redesign of existing solutions for electoral gender quotas, advocating for concrete measures and activities aimed at increasing the number of female parliamentarians in the Croatian Parliament. Although this research topic has predominantly been explored by political scientists in Croatian academia, it is also a legal matter. Given the lack of research in the field of law, this article aims to address this gap in legal science. In addition to employing standard scientific methods common in the scientific field of law, quantitative scientific methods are also used in the study. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
24. Empowered Yet Constrained: Women's Role and Agency in the Greek Resistance Movement (1941-1944).
- Author
-
Vervenioti, Tasoula
- Subjects
WORLD War II ,POLITICAL rights ,GREEKS ,WOMEN in war ,SUFFRAGE - Abstract
Copyright of Revista Universitaria de Historia Militar (RUHM) is the property of Centro de Estudios de la Guerra and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
25. Social Media and Surveillance Capitalism: Facebook, Political Polarization, Orwellian Dystopia, and American Democracy.
- Author
-
Sahu, Sunil K. and Sahu, Punita
- Subjects
SOCIAL media ,CAPITALISM ,DYSTOPIAS ,DEMOCRACY ,POLITICAL rights - Abstract
Social media platforms have played a significant role in recent elections in the U.S. and other democracies. While Facebook and Twitter (now renamed X) claimed that they are "on a journey to connect the world," to serve the goals of reforms and to bring about more democracy, their platforms have been effectively used to spread lies, misinformation, and disinformation which led some analysts to argue that we now live in a post-truth world and that the Orwellian dystopia is upon us. This paper is an attempt to assess whether big tech companies have created an Orwellian state in the U.S. We argue that the idiom of the Orwellian dystopia has been misused by scholars, commentators, and politicians on the political left as well as the political right. Our analysis of social media, especially Facebook, shows that the social media companies are not intentionally trying to subvert American democracy. Instead, as a business, they are driven by a profit motive and the logic of "surveillance capitalism." [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
26. War Propaganda and Correspondents: Updating UN Covenant and Media Ethics Principles.
- Author
-
Eribo, Festus
- Subjects
MASS media ethics ,WAR correspondents ,WAR ,POLITICAL rights ,SOCIAL change - Abstract
This study is an examination of war propaganda and correspondents in concomitance with the 1948 Resolution 217A of the UN Covenant prohibiting war propaganda under the rubric of media ethics and the applicable principles and guidelines. The thematic internal contradictions of war propaganda and the intentional or unintentional disregard for ethical news analysis, coverage, reportage, and objectivity are examined. The United Nations' International Covenant on Civil and Political Rights prohibits war propaganda. This qualitative study calls for the continuation of compelling scholarship to advance human rights to live in peace and constructive social change through serious ethical application and consideration in the coverage and reportage of war. Four of the objectives of this study are to (i) promote an update of the 1948 Resolution 217A of the UN Covenant prohibiting war propaganda; (ii) re-emphasize the necessity for media ethics in belligerent and non-aggressive theaters; (iii) address some of the internal conflicts in media ethics' principles of universality; and (iv) contribute to the literature on war propaganda, human rights to live in peace, and media ethics. The study is significant because there is the need for a dispassionate, objective and scholarly examination of the phenomenon at a time of crises across the globe. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
27. CIDADANIA SOCIAL E CIDADANIA DIGITAL EM THOMAS MARSHALL E DI FELICE: REFLEXÕES E CORRELAÇÕES.
- Author
-
GILEÁ, JOSÉ, JOSÉ DO PRADO, VANER, MATOS RIBEIRO, MÔNICA, and NEGRÃO, EVELYN
- Subjects
POLITICAL rights ,CIVIL rights ,SOCIAL & economic rights ,DIGITAL technology ,WELL-being ,ORGANIZATIONAL citizenship behavior - Abstract
Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
28. Employee Status Preconditions: A Critical Assessment.
- Author
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Alon-Shenker, Pnina and Davidov, Guy
- Subjects
LABOR laws ,INDUSTRIAL laws & legislation ,EMPLOYERS ,EXECUTIVES ,POLITICAL rights - Abstract
The article discusses the often-overlooked classification processes employed by courts in employment and labor law. Topics include the examination of the different classifications and exclusions of workers such as volunteers; a proposed framework for a narrower set of preconditions to enhance the consistency and predictability of labor laws; and the three suggested preconditions for employment status, which focus on the benefit to the employer.
- Published
- 2024
- Full Text
- View/download PDF
29. At the Intersection of Federal Labor Law and Rank-and-File Activism: A Legal History of Teamsters for a Democratic Union.
- Author
-
Goldberg, Michael J.
- Subjects
LABOR laws ,INDUSTRIAL laws & legislation ,DEMOCRACY ,POLITICAL rights - Abstract
The article discusses the pivotal year of 1976 in the history of the International Brotherhood of Teamsters (IBT). Topics include the founding and impact of TDU as a grassroots movement aimed at enhancing union democracy, the legal history of TDU in relation to federal labor law and the Labor-Management Reporting and Disclosure Act (LMRDA), and the broader implications of rank-and-file activism in promoting transparency and accountability in labor unions.
- Published
- 2024
- Full Text
- View/download PDF
30. واقع قوانين الصحافة والنشر اليمنية وأثرها على الحرية الصحفية دراسة ميدانية من وجهة نظر الصحفيين في اليمن.
- Author
-
أكرم توفيق سعد ال
- Subjects
POLITICAL rights ,FREEDOM of the press ,CRIMINAL law ,COURTS of special jurisdiction ,CRIMINAL courts ,COMMUNITY involvement ,FREEDOM of expression - Abstract
Copyright of Humanities & Educational Sciences Journal is the property of Humanities & Educational Sciences Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
31. Límites en el poder del Estado frente a la protesta social en Colombia.
- Author
-
Antonio Macana, Marco
- Subjects
POLITICAL rights ,STATE power ,SOCIAL forces ,CIVIL rights ,PUBLIC policy (Law) - Abstract
Copyright of Dixi is the property of Universidad Cooperativa de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
32. Yurt Dışında Yaşayan Türkiye Cumhuriyeti Vatandaşlarının Seçme Hakkına İlişkin Tartışmalar.
- Author
-
BAYRAKTAR, Tuğba
- Subjects
VOTING registers ,SUFFRAGE ,POLITICAL rights ,CIVIL rights ,PRESIDENTIAL elections - Abstract
Copyright of Necmettin Erbakan University School of Law Review is the property of Necmettin Erbakan University School of Law Review and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
33. 2024 Elections in the West: Are They Helping the Extreme Right?
- Author
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Singam, Kalicharan Veera
- Subjects
ELECTIONS ,POLITICAL rights ,RIGHT-wing extremism - Abstract
2024 has been dubbed the "ultimate"1 election year, with more than 60 countries and territories worldwide undertaking major elections. Some elections in many parts of the West come as the world is transiting through a post-COVID-19 phase amidst further intensifying Russia-Ukraine and Israel-Hamas conflicts and a general economic slowdown. Across the West, the political centre has somewhat eroded, and a sizeable segment of the political right has shifted further to the right. Worryingly, extreme right-wing terrorist incidents in the United States (US) have increased in recent years, 2 and the threat has "remained significant" and stable in Western Europe.3 This article assesses how the extreme right-wing terrorist threat could evolve and take advantage of the inroads the right-wing political movement has made in the just concluded 2024 European Union (EU) parliamentary election and the upcoming US presidential election. [ABSTRACT FROM AUTHOR]
- Published
- 2024
34. Citizenship of Algerians During the French Colonial Period Between 1865 to 1919.
- Author
-
Gündoğdu, Badra
- Subjects
POLITICAL rights ,FRENCH colonies ,FRENCH people ,COLONIAL administration ,MUSLIM identity - Abstract
This study seeks to shed light on the issue of Algerian citizenship during the French colonial period between 1865 and 1919. It covers the practices of the French administration in the context of its colonial policy that granted Algerians the status of French citizens and naturalizing them with French nationality under a series of controversial laws from 1870 and 1871 to1919 and the related reforms. We aim to explain what these laws brought to the Algerians (the indigenous population) as the owners of the land ant the Algerians’ reaction to these laws in their struggle for independence. This study aims to elaborate on the promises of the French colonial administration to Algerians and their conditions for granting them civil and political rights, including speaking good French and leaving the religion of Islam. I will also discuss the extent to which these politics succeeded or failed vis-à-vis the survival of the Algerian culture under a comprehensive policy of assimilation and colonization. It will also discuss the relation between the citizenship debate and independence movement mixed with Muslim and Arab identity. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
35. Coping with Perplexities: How to Make Human Rights Education Sustainable.
- Author
-
Franzenburg, Geert
- Subjects
HUMAN rights ,BIOTIC communities ,ADULT education ,POLITICAL rights ,POLITICAL philosophy - Abstract
On 23 December 1994, the UN General Assembly adopted a plan of action for the United Nations decade for human rights education (HRE). 30 years later, this challenge is still increasing. As Hannah Arendt pointed out, human rights are valuable only as political rights, not for abstract individuals but for natural communities. While HRE in schools and classrooms is in focus, the context of adult education transfers philosophical and political thoughts into an educational context, particularly concerning biographical traumatic situations such as refuge and expulsion. Therefore, this paper presents and explains adult education approaches which facilitate coping strategies with ethical perplexities by evaluating the 30 Articles of the UNO Declaration of Human Rights of 1948. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
36. Withdrawal from a Human Rights Treaty and Peremptory Norms of International Law: The case of "Belarus 2020".
- Author
-
Ulyashyna, Liudmila
- Subjects
INTERNATIONAL law ,ACCESS to justice ,HUMAN rights ,JUDGE-made law ,POLITICAL rights ,TREATIES - Abstract
The article analyzes the general concept of withdrawal from human rights treaties and addresses a specific case of withdrawal from the Optional Protocol to the International Covenant on Civil and Political Rights. The article argues that the human rights regime, due to its axiological nature, the non-reciprocal character of treaty parties' relations, and the final beneficiaries´ expectations, needs lex specialis provisions on the withdrawal matters. Moreover, the results of analyses of the United Nations' bodies show that the general clause on withdrawal being requested by a non-democratic state may lead to the denial of access to international justice for indivi duals and jeopardize the entire human rights protection system. Nowadays, however, the Vienna Convention on the Law of Treaties does not satisfy the needs of the human rights regime. The United Nations and its mandate holders are recommended to request an advisory opinion of the International Court of Justice to clarify the compliance of the termination clause of the human rights treaties with the common values of the international society of states as a whole and the principles of the United Nations. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
37. Measuring and explaining political tolerance among adolescents: insights from the International Civic and Citizenship Education Study2016.
- Author
-
Ziemes, Johanna F.
- Subjects
TOLERATION ,CITIZENSHIP education ,CIVICS education ,CLASSROOM environment ,POLITICAL rights ,DELIBERATIVE democracy - Abstract
Background: Tolerance is a prerequisite for deliberative democracies. Therefore, fostering tolerance is an important task for educational systems in democracies. In the present study, the concepts of social and political tolerance were disentangled and applied to the measurement approaches of the International Civic and Citizenship Education Study 2016 (ICCS 2016). A single scale of political tolerance was proposed by identifying items on equal rights of women and men, different racial and ethnic groups and immigrants that capture the support of equal political rights. Previous research indicates different approaches that might be used to foster tolerance in schools. Methods: This study used the rarely applied alignment method to identify a political tolerance scale that was sufficiently invariant in the 15 participating European educational systems. The alignment method identifies solutions with minimal amounts of non-invariance. Multilevel regression analyses are used to identify which aspects of schooling are predictive of political tolerance at the student and at the school level. Results: The alignment analyses revealed a sufficiently invariant solution for the 15 education systems that could be used in regression analyses. While cognitive learning showed only a weak relationship with political tolerance, teacher fairness was relevant at student and school level. An open classroom climate was a positive predictor with relevant strength only at school level. Further multigroup analyses indicated that the results at the student level were stable between countries, while school level indicators varied more strongly between countries. Conclusions: Researchers need to acknowledge the conceptual differences between social and political tolerance in their measurement approaches. The alignment method can be useful to create scales that are comparable between many different educational systems. While educational systems differ strongly in their school level variance of political tolerance, teachers can play an important role in fostering political tolerance at the student level. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
38. The Bersih Movement and Political Rights in Malaysia
- Author
-
Khoo, Ying Hooi, Facal, Gabriel, editor, Lafaye de Micheaux, Elsa, editor, and Norén-Nilsson, Astrid, editor
- Published
- 2024
- Full Text
- View/download PDF
39. The Hague district court orders shell to cut CO2 emissions by 45% by 2030: Milieudefensie and others v Royal Dutch Shell pie ECLl:NL:RBDHA:2021:5339
- Author
-
Skilling, Alex, Salisbury, Harriet, and Bellary, Ankita
- Published
- 2021
40. Indigenous people's self-determination in the context of covid-19 in Northern Mexico
- Author
-
Gonzalez, Juan Jaime Loera
- Published
- 2021
41. واکاوی تطبیقی پیامدهای عدالت جنسیتی در نظریه پردازی مفسران فمینیسم اسلامی با تأکید بر آرای علامه طباطبایی.
- Author
-
ابوالحسن بارانی and عصمت نیری
- Subjects
- *
SOCIAL justice , *GENDER differences (Sociology) , *SEX discrimination , *POLITICAL rights , *GENDER inequality , *FEMINISM - Abstract
Considering the principle of gender equality, feminist exegetes have interpreted the verses related to women in order to show the egalitarianism of the Quran through alternative interpretations. Gender justice, from the perspective of Islamic feminism theorists, refers to the equality of men and women in the division of tasks, responsibilities, and social, economic, and political rights. But from Allamah Tabatabai's point of view, the essential difference between beings is a necessity of the cause and effect system, and men and women are not exempt from this law either. Thus, based on the principle of the essential difference between men and women, distinct laws have been established to protect social interests. Therefore, gender justice does not mean the equality of men and women. This study aims to explain the consequences of the views of the theorists of Islamic feminism in presenting the meaning of gender justice, which has been addressed by referring to the views of Muslim feminists in the verses related to women. The notion of exegeses being patriarchal, polytheism in gender discrimination, trans-textual exegesis, limiting the verses to the Age of Revelation, are among the implications of feminist exegeses, which are criticized and analyzed in this article with emphasis on the views of Allamah Tabatabai. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
42. Remilitarisation in Asia: Trends and Implications.
- Author
-
Croissant, Aurel, Kuehn, David, Bayer, Markus, and Scheeder, Nikitas
- Subjects
- *
POLITICAL persecution , *POWER (Social sciences) , *POLITICAL rights , *ECONOMIC reform , *POLITICAL systems , *POLITICAL development - Abstract
The article explores the growing trend of remilitarization in Asia, specifically in South, Southeast, and Northeast Asia. It raises concerns about the increasing influence of the military in politics, society, and the economy, which could potentially impact liberal democracy, socio-economic development, and regional stability. The article also highlights the material militarization in the region, with rising military budgets and large armies. It suggests that European actors should raise awareness of these trends and work towards strengthening civilian control over the military. Additionally, the article discusses the high proportion of the population serving as military personnel in Asia, particularly in Southeast Asian countries, and the implications of this militarization for political development, regional stability, and peace. It concludes by recommending that local and international actors prioritize civilian supremacy over the armed forces and ensure transparent and constitutional deployment of the military. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
43. THE ISRAELI HIGH COURT OF JUSTICE DURING THE COVID-19 CRISIS: THE MODEL OF CONTINUOUS JUDICIAL REVIEW.
- Author
-
Dotan, Yoav
- Subjects
- *
COVID-19 , *POLITICAL rights , *GOVERNMENT policy , *BUREAUCRACY - Abstract
In this Article, I seek to review the reaction of the Israeli High Court of Justice (HCJ) to the social and political pressures created by the spread of the virus in Israel amidst a constitutional crisis that Israel went through during 2020- 2021. The HCJ is regarded by many as a strong and interventionist judicial institution. Often, critics argue that the degree of supervision exerted by the HCJ over both the Israeli bureaucracy and the political branches goes way beyond the traditional role of the judiciary, as envisioned by theorists of judicial review. My aim is to use this analysis of judicial review during the coronavirus times as a test case to examine if, and to what extent, this critique is valid. In addition, I examine how the coronavirus crisis influenced the tense relationship between the judiciary and the political branches in Israel. I find that, in general, the HCJ showed considerable deference regarding governmental policies during the pandemic and kept its intervention to cases in which executive decisions threatened fundamental political rights. Nevertheless, the indirect effects of the Court's tight, routine supervision over decision-making processes by the Israeli bureaucracy remained significant. [ABSTRACT FROM AUTHOR]
- Published
- 2024
44. Recognising Religious Groups as Litigants: An International Law Perspective.
- Author
-
Fowler, Mark and Deagon, Alex
- Subjects
INTERNATIONAL law ,RELIGIOUS groups ,RELIGIOUS discrimination ,HUMAN rights ,POLITICAL rights - Abstract
The Australian Human Rights Commission has claimed that recognising religious corporations as litigants in religious discrimination claims departs from international human rights law, which only protects the rights of natural legal persons. In this article we respond to that claim by arguing that under international law, Australia should protect the ability of religious groups to be litigants, including corporations. The International Covenant on Civil and Political Rights requires Australia to respect and ensure individuals have the right to manifest their beliefs in community with others, and that such communities are protected against discrimination on religious grounds. This requirement entails granting religious groups the ability to pursue legal measures to preserve the enjoyment of these rights by their members. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
45. Freedom of Opinion and Expression in the Jordanian Legislation.
- Author
-
Al-Brim, Abeer, Krishan, Lubna, Al-jbour, Khaled, and Almakhzoumi, Omar
- Subjects
FREEDOM of expression ,POLITICAL rights ,CIVIL rights ,HUMAN rights ,INTERNATIONAL law ,PUBLIC policy (Law) - Abstract
The United Nations Charter reaffirms that freedom of opinion and expression is essential to global peace and security, a principle reflected in the Jordanian constitution. The Jordanian constitution also provides for the same rights. Nonetheless, the study provides recommendations to legislators for controlling laws to ensure public order, uphold moral standards, and protect the rights of others. Inconsistent legislation restricts freedoms and jeopardizes the entire purpose of human rights, particularly in key areas, namely the right to public assembly, the right to the media, and, most recently, the right to freedom of expression online. By way of conclusion, the study underscores the importance of the Jordanian Constitution of 1952, as it ensures optimal protection of the liberties of expression, which is still in use with its numerous amendments. The study highlights the lack of consistent legislative policy among lay legislators when it comes to laws concerning freedom of expression and opinion. A proposed solution is to implement a national legislation that coincides with and complements the Jordanian Constitution. Moreover, the proposed legislation must adhere to international laws ratified by Jordan. Such as the Covenant on Civil and Political Rights, which may require reconciliatory measures to align with its clauses. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
46. Entrepôt of Revolutions: Saint-Domingue, Commercial Sovereignty, and the French-American Alliance.
- Author
-
Ruiz, Jesús G.
- Subjects
REVOLUTIONS ,SOVEREIGNTY ,POWER (Social sciences) ,POLITICAL affiliation ,SLAVE trade ,POLITICAL rights ,AMERICAN Revolutionary War, 1775-1783 - Abstract
The article discusses Manuel Covo's book, "Entrepôt of Revolutions: Saint-Domingue, Commercial Sovereignty, and the French-American Alliance," which examines the role of Saint-Domingue in the Haitian Revolution and its impact on global capitalism. Covo argues that the economic relationship between Saint-Domingue, France, and the United States shaped the French-American alliance and contributed to the development of republicanism. The book utilizes primary sources to highlight the interconnectedness of trade, politics, and empire in the late 18th century. The article praises Covo's analysis but also raises some critiques regarding the emphasis on economic power and the complexities of commercial praxis. [Extracted from the article]
- Published
- 2024
47. Zombie Ideas: policy pendulum and the challenge of effective policymaking.
- Author
-
Peters, B. Guy and Nagel, Maximilian L.
- Subjects
- *
GOVERNMENT policy , *POLITICAL rights , *MAJORITARIANISM - Abstract
Ideas are important as a foundation for public policy, but they can also become 'zombie ideas' which survive even though they have been proven to be ineffective. Both the political right and the political left have their own zombie ideas, and when there is a change in government old ideas may return. This article presents the concept of zombie ideas and discusses its relevance for policy in New Zealand. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
48. RECONCEPTUALIZING PRESIDENTS' CLEMENCY POWER UNDER THE FRAMEWORK OF HUMAN RIGHTS: THE RIGHT TO SEEK CAPITAL CLEMENCY IN TAIWAN.
- Author
-
Mao-hong Lin
- Subjects
CLEMENCY ,HUMAN rights ,POLITICAL questions & judicial power ,POLITICAL rights ,DUE process of law ,EXECUTIVE power - Abstract
The incorporation of the International Covenant on Civil and Political Rights into Taiwan's domestic law provided death row inmates with the legal basis to submit requests for the President's mercy. However, Presidents have persistently ignored these requests without any response to the inmates, and the judiciary regularly dismissed the cases Of the inmates by rendering decisions in support ofthe Presidents' inaction. The court justifications for these decisions were that the clemency power falls under the executive prerogative, and that it is a political question in nature and therefore not subject to judicial oversight This Article argues against these justifications. Firstly, the presidential clemency power is constrained by the principle oflegality and due process in government decision-making. As such, the President is obligated to respond to the requests according to relevant laws and due process requirements. Secondly, the presidential clemency power does not meet the criterion for the political question doctrine in Taiwan. In the United States-the country from which Taiwan borrows the political question doctrine-the pardoning power is subject to judicial review and not treated as purely a political question free of any oversight. Additionally, under the right to an effective remedy, preserved in Article 2 (3) Of the Covenant, Taiwan's judiciary must adjudicate on cases brought by inmates on the merits, as their right to seek capital clemency would otherwise be violated. In viewing the presidential clemency power through the lenses this Article discusses, the power would no longer be a prerogative without limitations; instead, it would be a power exerted under the framework Of human rights law with the checks and balances Of the legislature and the judiciary. [ABSTRACT FROM AUTHOR]
- Published
- 2024
49. Some Political And Economic Aspects Of Communist Regime In Albania.
- Author
-
Gjergji, Elda and Gani, Beatrice
- Subjects
PROPERTY rights ,SMALL states ,DEMOCRACY ,COMMUNISTS ,ECONOMIC systems - Abstract
Albania, the small country of Balkan has a different and unique history unlike all other Balkans or Eastern European countries. It still has some traces of the 50-year period of the communist regime, which was almost cruel. In the history of Albania, year of 1944 has been settled the milestone for deciding the fate of this country, through events that occur in the political, economic and social field. This regime in Albania directly affected the lives of people, depriving the exercise of human rights and fundamental freedoms. Many of the basic human rights such as the rights of speech, freedom of thought, the right to private property, or the right to religious belief were completely forbidden with the communist state. During this regime, this political and economic system created, stimulated, developed and supported human and social anti-value by imposing an ideology that turned people into communist party captives, transforming the identity of individuals. Almost half a century, Albania had been isolated from the outside world and from democratic values and principles, it had instilled and rooted values and attitudes that were not very favorable for the development of democracy. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
50. Balancing Civil and Political Rights: Constitutional Court Powers in Indonesia and Austria
- Author
-
Askari Razak, Mohamad Hidayat Muhtar, Kevin M. Rivera, and Geofani Milthree Saragih
- Subjects
constitutional court ,political rights ,civil rights ,indonesia ,austria ,Law - Abstract
This study focuses on analyzing the role and challenges faced by the Constitutional Court in upholding political and civil rights in Indonesia and Austria. This research explores various conceptual and comparative aspects of law through normative research methods and delves deeper into how these institutions operate in practice. Analysis shows that the Constitutional Courts in both countries serve as the primary guardians of justice and human rights. However, it must also operate in a complex environment, dealing with social, political, and international challenges. The study found that changes in laws and regulations have significant potential to strengthen the authority and effectiveness of the Constitutional Court. This is reflected in the constitutional evolution in both countries, where legal and regulatory reforms have played an important role in shaping and defining the authority of the Constitutional Court. This study confirms the importance of increasing the capacity and legal knowledge of members of the Constitutional Court, as well as the need for greater understanding and appreciation from the public of this institution's vital role and function. This research contributes to understanding how constitutional institutions can adapt and evolve to meet challenges in enforcing political and civil rights.
- Published
- 2023
- Full Text
- View/download PDF
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