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Taken together these essays reveal both synergies and contradictions between and within immigration and welfare policies. Several common themes emerge. Firstly, while access to the welfare state is an important signifier of membership, in practice claiming certain state benefits is accompanied by suspicion, surveillance and stigma. The good citizen is a worker citizen. Secondly, the importance of the welfare state in putting the nation into the nation-state: the normative national community imagined as the rightful subject of welfare states is racialised and classed. Thirdly, deservingness functions in both welfare states and immigration regimes to prioritise victimhood rather than rights and redistribution. [ABSTRACT FROM AUTHOR]

As a result of increased mobility and restrictive immigration policies in Europe, a growing number of people live in conditional and deportable positions with only limited social rights and access to welfare services. In this keyword, we discuss how the conception of national citizenship that underpins immigration and welfare regimes affects the position of non-citizens, with a particular focus on legal status as an instrument of hierarchisation and social marginalisation in European societies. Immigration systems create hierarchies and divisions by establishing different legal statuses for non-citizens, with wider implications for their position in society. Legal status has become a significant factor in social exclusion and marginality in European societies, intersecting with race, class, gender, and ethnicity to (re)produce social disadvantages. At the same time, migrants' struggles are situated along the same historical continuum as other previously excluded and marginalised groups, revealing inherent contradictions related to citizenship in modern nation-states and challenging the boundaries of citizenship from the inside. [ABSTRACT FROM AUTHOR]

Copyright of European Journal of Social Work is the property of Routledge 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.)

National child welfare systems are often unalike in their orientation, and can be understood comparatively. Influenced by the principles of historical institutionalism, this article contrasts early German and English child welfare legislation. The first national German system was based on a statute rarely discussed in English-language social work histories: the Reichsgesetz für Jugendwohlfahrt (National Youth Welfare Act). This legislation came into force in 1924, systematically uniting comprehensive services related to childhood. The law is examined in the context of its contemporaneous cultural, political and academic discourses, and contrasted with English developments. The intentions of the legislation-drafters, as well as ideas specific to German-language discourses such as Erziehung (child-raising) and Verwahrlosung (presenting the effects of abuse/neglect) are investigated to cautiously explain divergence from the English child welfare system that institutionalised later. The article concludes by suggesting that the differing classifications of German and English practices in modern child welfare typologies (a family service versus child protection orientation, respectively) echo differences already evident in the two systems' early and mid-twentieth-century legislation. The 1920s conceptual broadening of German child welfare to encompass prevention, universal support and social pedagogic approaches is still visible today, and shapes modern understandings of social work in that country. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this paper is to demonstrate the close relationship between the disciplines of law and health-care studies. This interrelation has become particularly evident during the spread of the COVID-19 pandemic, when restrictive human rights provisions have been initiated by many states for the sake of public health. Research focuses on the notional proximity of the principle of proportionality and its health-care correlative: effectiveness. It also goes through the influence of acceptance rates for the application of restrictive measures. Design/methodology/approach: Research focuses on interdisciplinary literature review, taking into consideration judicial decisions and data on acceptance rates of restrictive human rights measures in particular. Analysis goes in depth when two categories of restrictive human rights measures against the spread of the pandemic are examined in depth: restrictive measures to achieve social distancing and mandatory vaccination of professional groups. Findings: Restrictive human rights measures for reasons of public health are strongly affected by the need for effective health-care systems. This argument is verified by judicial decision-making which relies to the necessity of health-care effectiveness to a great extent. The COVID-19 pandemic offers a laminate example of the two disciplines' interrelation and how they infiltrate each other. Research limitations/implications: Further implications for research point at the need to institutionalize a cooperative scheme between legal and health-care decision-making, given that this interrelation is strong. Originality/value: The originality of this paper lies on the interdisciplinary approach between law and health-care studies. It explains how state policies during the pandemic were shaped based on the concepts of effectiveness and proportionality. [ABSTRACT FROM AUTHOR]

Different Council of Europe organs have been attentive and reactive to specific human rights issues in the COVID-19 context, quickly alerting on the risks of inequitable access to quality health care, vaccines, or medicines for vulnerable groups. Yet these reactions have mainly taken the form of nonbinding instruments such as declarations, statements, and recommendations. Although these reactions derive from the interpretation of binding Council of Europe conventions, the observance or implementation of these conventions is not always monitored. Strasbourg judges have on several occasions confirmed that European Convention on Human Rights case law must consider other international instruments, especially those of other Council of Europe organs, in order to interpret the guarantees of the convention. As a consequence, soft law rules can sometimes indirectly acquire binding force when used as an interpretation and implementation tool for binding treaties. In this paper, I examine how Council of Europe organs interpret the principle of equitable access to health care of appropriate quality in the context of a pandemic and whether and how this interpretation is being implemented within the Council of Europe's interpretation of binding treaties such as the Medicrime Convention, the European Social Charter, and the European Convention on Human Rights. [ABSTRACT FROM AUTHOR]

The reliance on the current international, regional, and national legislative frameworks, including their criminal aspects and their applications aimed at protecting personal data, despite considerable efforts The existing international, regional, and national legislative frameworks, including their criminal provisions, are currently inadequate for protecting personal data despite significant efforts at various doctrinal and judicial levels. The presumption that existing protections are sufficient without acknowledging the rapid advancements in science and technology calls for new regulations that are in tune with sophisticated artificial intelligence systems, thereby ensuring robust and effective legal safeguards against emerging crime forms that jeopardize personal and private data. Therefore, it is crucial not to merely extend existing legal frameworks, which were primarily designed for an earlier era, to address new challenges posed by technological advancements that have significantly widened the scope and flow of data. We must adopt a fresh approach that is tailored to meet the challenges posed by artificial intelligence systems and the diminishing influence of state sovereignty in this area. The intrusion and manipulation of an individual's right to confidentiality and exclusive control over their information are more extensive than anticipated. Hence, it is imperative to thoroughly investigate how artificial intelligence and its applications infringe upon these rights. The assumption that current legislation, particularly in terms of criminal protection, provides adequate safeguards is increasingly questionable for several reasons: _ International legislation, including the Universal Declaration of Human Rights, tends to treat the protection of personal data as a cursory reference, characterized by general rules and provisions that lack binding legal force or mandatory obligations, and thus fail to offer the requisite protection. _ A review of the current legislative system underscores a trend towards harmonizing laws to enhance effectiveness and applicability. This is particularly evident in regional initiatives within Europe, such as the European Directive, which is explicitly designed to adapt to technological progress and provide suitable protection for personal data in a collective and unified manner. [ABSTRACT FROM AUTHOR]

Human rights violations and pressing environmental issues have tainted agricultural trade. The role of international market demand for commodities such as soy in causing those problems is clear, yet they remain mostly unaddressed. Therefore, European countries have led a new global trend on mandatory human rights and environmental due diligence (HREDD), advancing the EU's growing global regulatory ambitions. Here, we analyse the prospects for successful externalisation of Europe's sustainability standards – a 'Brussels Effect' – using Brazilian soy as a case. Our analysis exposes how the practice of supply chain divergence (i.e., the segmentation of exports tailored to different consumer requirements) can easily evade policy impacts and negate their additionality where Europe commands a minor market share. To avoid becoming just a niche market in these cases, the EU would need to expand on its actions, (i) engaging with other major consumer countries to export its standards, (ii) doubling down on HREDD's coverage to include financial actors and companies trading with other markets, or (iii) moving beyond 'do no harm' policies to adopt more strategically targeted 'do good' instruments to counter drivers of deforestation on the landscape level. [ABSTRACT FROM AUTHOR]

This study aimed to examine timebound prison healthcare governance amendments and current structures in Europe two decades after the World Health Organization (WHO) Declaration on Prison Health as part of Public Health adopted in Moscow on 24 October 2003 (Moscow Declaration), which recommended prison health care be closely linked with public health systems to ensure quality prison health care, connected health surveillance, and continuity of care. We present here a regional evolutionary mapping of the Council of Europe Member State transfer of prison healthcare governance to the auspices of the Ministry of Health. The European Committee for the Prevention of Torture database and WHO Regional Office for Europe Health In Prison European Database were scrutinised for Council of Europe (CoE) Member State status regarding the Ministry responsible for prison healthcare governance and if this had changed since the adoption of the Moscow Declaration in 2003. As of October 2023, completed transfer of governance to the Ministry of Health nationally is documented in 13 CoE Member States and in one CoE Member State candidate (Kosovo). Partial transfer is documented in Spain (Catalonia and Basque Autonomous Community) and Switzerland (cantons of Geneva , Valais , Vaud , Neuchatel , and Basel-Stadt). Three CoE Member States operate joint governance of prison health care between Ministries (Malta, Portugal, Türkiye). Transfer is a lengthy process (up to 10 years). Successful transition requires political commitment, cooperation, needs assessment, resourcing, and evaluation. Monitoring of cost and prison healthcare standards, due process for complaints, and cooperation with independent/Committee against Torture inspections is critical. [ABSTRACT FROM AUTHOR]

Copyright of Latin American Law Review is the property of Universidad de los Andes 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.)

In Europe, one’s right to the environment was explicitly established as a fundamental human right, and was also established in the interests of future generations. Damage to the environment causes, in most cases, long-lasting, negative effects which have a negative impact on posterity, i.e., those future generations which need to be protected, due to which it is necessary to intervene with effective policies that lead to an ecological transition achieved with a reduction in extant polluting substances. The goal of this article is to understand whether or not future generations are holders of an active subjective juridical situation in terms of an individual’s right to a healthy environment. A comparative analysis of jurisprudential and doctrinal sources aims to discard the option of considering future generations as holders of a subjective right to a healthy environment and will focus on current subjects upon whom many constitutions impose a legal situation aimed at implementing a series of climate-protection actions for those who will come in the future. [ABSTRACT FROM AUTHOR]

Support for children's rights is greater among children raised in democratic environments. The present two studies examined children's endorsements and predictors of children's rights. Five democratic competences taken from the Council of Europe's Reference Framework of Competences for Democratic Culture served as predictors. We tested the models in a sample of children raised in five European countries and a sample raised in an African country, seeking to extend our model beyond the Global North. In Study 1, we found four of these five competences, namely, higher valuing of cultural diversity, civic‐mindedness, cultural openness and empathy significantly predicted higher endorsements of rights in children from Bulgaria, Italy, Norway, Romania and Spain (7–11‐year‐olds; N = 292). In Study 2, we found higher valuing of cultural diversity significantly predicted higher endorsements of rights in Nigerian children (7–14‐year‐olds; N = 84). Supporting Social Cognitive Domain Theory, children in both studies endorsed nurturance rights more than self‐determination rights. Inclusion of children from the Global North and South enabled us to determine whether patterns of rights endorsements were similar for children from both samples. Overall, this research presents novel findings on the salience of valuing cultural diversity in support for children's rights. [ABSTRACT FROM AUTHOR]

This article investigates how the practice of European human rights, organised around the European Convention on Human Rights, can be brought into conversation with the practice conception of human rights advanced by Charles Beitz in the Idea of Human Rights. The article argues that this is a challenging task. Following Beitz's construction of the human rights practice composed of (a) a global practice, (b) political discursive practice, (c) triggering a range of international action for corrective concern, (d) when states fail to protect urgent individual interests, the article identifies two main challenges: (1) the regional and legal-political character of the European human rights practice and (2) the lack of fit between the heuristic of urgency of individual interests and the European human rights practice. Having identified these challenges, however, I conclude that putting European human rights practice and the practice conception into a conversation reveals new knowledge at the intersection of moral and legal accounts of human rights. A closer engagement with the practice conception enables a better understanding of the key abstract features of European human rights practice. A closer engagement with this practice accentuates the normative case for making sense of predominantly legal and regional practices of human rights. [ABSTRACT FROM AUTHOR]

Current outcomes of immigration enforcement policies and apparatuses call for rethinking the ethics behind our understanding of community belonging, human rights and just society. The ethics at work are often presented as emotions creating particular affective atmosphere that permit the ongoing implementation of enforcing migration. This Special Issue tackles emotions as processes of organizing that are mobilized in support of certain ethics. In the context of immigration enforcement, these emotions are not self-explanatory, but they can justify the potential for violence and even deem it necessary. The emotions or affects of enforcers (as opposed to migrants) have been less addressed, and this Special Issue aims to be a novel collection. The articles pay particular attention to racism and to the understanding of institutional racism within state structures. They reveal the ways in which emotions are instrumental to the operations of state bureaucracy within the repressive migration apparatus and point to the ethics that allows individuals to conform state structures of oppression. [ABSTRACT FROM AUTHOR]

If I Ran a Zoo is a metaphoric trope for the normalisation of racism in European society for decades at a time when the contradiction of aspiring to the civilised world where human dignity, regardless of any distinctive status, would be respected. This article resolved the research question on how the rights of black African minorities can be protected while creating a safe space for the black people in Europe. Through content analysis, the article demonstrated the nature and origin of racism. It argued that racism and racial discrimination as it is rife against black African people, is a serious challenge for the realisation of human rights in Europe. It further considered the rights of black African minorities in the context of an Afrophobic Europe, and why international human rights law has failed to protect black African people. While it examined the risk posed to the lives of black minorities, it concluded that the elimination of racism and racial discrimination is within the capacity of European states, and consists in their showing greater responsibility towards their obligations in the European Convention on Human Rights. [ABSTRACT FROM AUTHOR]

This article contends that the responsible artificial intelligence (AI) approach--which is the dominant ethics approach ruling most regulatory and ethical guidance--falls short because it overlooks the impact of AI on human relationships. Focusing only on responsible AI principles reinforces a narrow concept of accountability and responsibility of companies developing AI. This article proposes that applying the ethics of care approach to AI regulation can offer a more comprehensive regulatory and ethical framework that addresses AI's impact on human relationships. This dual approach is essential for the effective regulation of AI in the domain of mental health care. The article delves into the emergence of the new "therapeutic" area facilitated by AI-based bots, which operate without a therapist. The article highlights the difficulties involved, mainly the absence of a defined duty of care toward users, and shows how implementing ethics of care can establish clear responsibilities for developers. It also sheds light on the potential for emotional manipulation and the risks involved. In conclusion, the article proposes a series of considerations grounded in the ethics of care for the developmental process of AI-powered therapeutic tools. [ABSTRACT FROM AUTHOR]

The article explores the complexities of economic policies and their impact on global trade, regulatory frameworks, and technological advancements in various industries. Topics discussed include the challenges of navigating international trade disputes, evolving regulatory landscapes affecting market dynamics, and the transformative role of technology in enhancing operational efficiencies and competitive strategies across sectors.

The national and regional interests of the European Union, oil-rich Gulf Cooperation Council and Africa are conflictual in addressing international labour migration. This underscores the structure and ineffectiveness of bilateral migration instruments. The European Union canvasses for migrants' returns, readmission and outsourcing of national border controls; Arab states show reluctance to stop the predominant employer–sponsorship system that curtails labour migrants' human rights, while African states detest migrants' return and readmission, and prefer liberalisation of legal migration and flow of remittances. This article is anchored on the hegemonic stability and regime frame of interventionist liberalism theoretical perspectives to highlight Europe's soft power in migration partnerships or agreements deployed via financial aid and development projects as a way to drive the migration-development-security nexus with African countries. Essentially, African states' asymmetric economic relationship with Europe has accentuated the carrot-and-stick approach, while Arab states' slow pace in allowing the mobility of African labour migrants has led to a reduction in remittance flows. It is recommended that the dialogues between the regional blocs and countries leading to labour migration agreements must find a common ground of mutual interests for effective partnerships to emerge. [ABSTRACT FROM AUTHOR]

The resurgence of anti-Semitism and other forms of racism and discrimination in Europe is an indicator of the growing political and social acceptance of these dangerous ideas. Muslims are also targets of extremist groups and traditional politicians, facing discriminatory practices and difficulties in obtaining employment or citizenship. Women are also victims of regressive laws and policies, with threats of violence and sexist hate speech. Additionally, human rights defenders and journalists face restrictions and retaliation in their work. Europe is caught in tensions and polarization, with growing indifference and even hostility towards human rights. The article addresses the trend of the new radical right in Europe and Latin America, as well as the far-right movements in the United States known as "Alt-Right". Erdogan's leadership in Turkey is also analyzed from a human rights perspective. The importance of human rights in the fight against inequality and poverty is highlighted, and the need to protect and promote the idea that human rights are universal and indivisible is mentioned. Furthermore, the importance of human rights education is emphasized, and politicians and media are urged to promote and defend human rights. Finally, the need for disciplinary measures against hate speech and participation in racist activities is mentioned. [Extracted from the article]

The recent enactment of the European Pillar of Social Rights (EPSR) has significantly strengthened the social dimension of the European Union (EU), including the social investment (SI) elements of that social dimension. What is not known, however, to what extent the priorization of SI is supported by the broader public. To address this research gap, we investigate public opinion on 15 different policy areas from the EPSR using Eurobarometer data from 2020 across all EU countries, asking whether the public rather prefers these policies to be delivered at EU or national level. A principal finding is that the public indeed supports more SI than CP policies with respect to EU-level social policy, and more CP than SI policies with respect to national-level social policy. We also investigate whether socioeconomic status (SES) and welfare state effort can explain this phenomenon. We find that higher socio-economic status and more generous welfare states are associated with more support for SI policies on both EU and national levels and vice versa. The findings emphasize the importance of what policies are provided versus who provides them but also pose a puzzle for trade-offs in multilevel governance settings. Hence, the article has important implications for future research on public opinion and Social Europe. [ABSTRACT FROM AUTHOR]

Copyright of Treaties & Documents / Razprave in Gradivo is the property of Institut za Narodnostna Vprasanja 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.)

Background The COVID-19 pandemic had a huge impact on psychological health and socioeconomic structures. The consequences of COVID-19 on the physical, psychological, and social spheres have been extensively studied, except for aspects concerning sexuality and sex workers, in terms of physical, social and economic impact, but also as a possible cause for viral transmission. Methods With the intention of counteracting the lack of research, from September 2020 to August 2022, we distributed an anonymous questionnaire to Sex Workers' associations aimed at investigating the impact of the pandemics on sex workers. In the period examined we received and reviewed 147 questionnaires from women, men, and transsexuals. Conclusions The prevention of the viral transmission during a pandemic is of utmost importance but should not be exclusively promoted at the expense of other important prevention initiatives. Safeguarding psycho-physical health of the general population, including effective health educational communications emphasizing the importance of sexual activity in mental and physical health should be part of ongoing health objectives. These approaches need to include sex workers of all genders-particularly racialized and marginalized sex workers-in public health planning and messaging alongside structural interventions. Full decriminalization of sex work and access to workplace protections are key to protecting both sex workers' and clients' health. Sex workers of all genders have often been among the first hit by epidemics and the last to be protected-it is long past time to change that. [ABSTRACT FROM AUTHOR]

This paper presents a historical overview of the role of soft law of the Council of Europe in Polish court proceedings. Soft law refers to legal acts that are not formally legally binding, but nevertheless constitute important guidelines for the operation of state authorities. The article focuses on the role of documents adopted by the Council of Europe, such as resolutions, recommendations or declarations, in the process of shaping the Polish legal system. An analysis of the guidelines and standards introduced by the Council of Europe in the field of human rights protection, equality and standards of court proceedings has been undertaken. The paper also shows the evolution of the position of Polish courts in relation to the soft law of the Council of Europe. Have the documents adopted by the Council of Europe been incorporated into legal arguments and jurisprudence in the Polish legal system and how? The study aims to outline the historical key moments and trends in the application of soft law of the Council of Europe in Polish court proceedings. It shows the impact of these soft instruments on the development of the Polish legal system and legal culture, as well as on the evolution of the perception and use of international standards by Polish courts. [ABSTRACT FROM AUTHOR]

Instead of acting consistently with international law and its own refugee law, the EU has adopted an ambivalent stance over refugee arrivals to Europe. Member states' increasing anxiety led the EU to tighten border controls and outsource its humanitarian responsibilities by agreeing on a statement with Turkey to prevent refugees from entering the EU irregularly. This paper focuses on the human rights breaches and contradictions of the EU-Turkey Statement by specifically investigating the one-in-one-out mechanism and the argument that Turkey is safe country. It is argued that the Statement has turned the refugee issue into the subject of the European market because the political architecture of EU human rights norms has historically been part of the neoliberal hegemony. Hence, the refugee case reveals how inadequately produced norms inside Europe's borders reproduce inequalities and cause mismatches between the EU's claimed role as rights promoter and its practical inadequacies and market-based pragmatism. [ABSTRACT FROM AUTHOR]

Independent police oversight bodies are advocated by human rights organisations to be the most credible and effective solution to address the misbehaviors and systemic malfunction. They have emerged in parallel with independent regulatory agencies in various economic sectors, thus signalling a new trend in governance interpreted as the rise of a 'fourth power.' Still, comparative knowledge is scarce about the nature of delegation of power to police oversight agencies (POAs) and their actions. By analyzing 25 POAs in 20 countries, this article seeks to precisely describe their features in Europe and Quebec (Canada): the timeline of their birth, the scope of delegation (remit, formal independence, powers, resources), and the variations in how they execute their mandate. We unveil a profound heterogeneity across countries. In terms of national patterns, the main divide is between specialised (police only, limited formal independence, more abundant resources) and non-specialised (all public administrations, strong formal independence, limited resources) agencies. The latter tend to act as a public fire alarm to compensate for their lack of resources. Our mapping also contrasts European countries' oversight mechanisms, which rely on professional agencies that are mostly established at the national or state/regional level, with local civilian oversight boards in the US. And, while our results confirm that the 1990s marked a watershed, they question the notion that agencification in the police sector has been a vector for revolution in its governance, since no POA incorporates all the traits required for them to be the fourth power just yet. [ABSTRACT FROM AUTHOR]

Discussions and efforts to improve the rights of forced migrants in Europe are ongoing as the situation continues to be dire. All such discussions and policies though have completely neglected so far the protection that the human rights system recognises to members of minorities. This article argues that forced migrants are entitled to such minority protection. It further argues that their recognition, as beneficiaries of such protection will address more comprehensively their needs and strengthen their rights. The article focuses on the cultural rights of forced migrants, as important rights connected to their identity. It demonstrates the gaps in the international law machinery used at the moment as well as the added value that the minority protection would have on their rights. Using such protection for migrants' rights is consistent with international law, will strengthen their protection but also will be beneficial to the minority rights protection too. [ABSTRACT FROM AUTHOR]

Roma communities across Europe still remain a neglected population group by way of the social and economic disadvantage that largely characterizes their lives. Roma communities continue to experience structural socioeconomic health inequalities on the grounds of their ethnic origin, alarmingly unveiling a pattern of systematic discrimination and ethnic marginalization. Without any doubt, such a highly worrying situation calls for States to incorporate Roma health rights within their law and policy agendas in a manner consistent with right to health requirements. Against this background, this paper seeks to identify an operational human rights framework for States as a driver for better informed policies and implementation as well as for Roma engagement in the deliberations about their life prospects. The paper argues that continuing, concerted, and proactive State engagement is required for effectively addressing the structural obstacles impeding Roma socioeconomic health rights realization and maximizing Roma opportunities for well-being. [ABSTRACT FROM AUTHOR]

Following the publication of the UN Convention on the Rights of Persons with a Disability, the rights and situation of people with disabilities have once again become a focus of national, European and international policy and advocacy. Mansell et al., (2007) identified that there were over 1million people with disabilities in Europe living in institutions of over 30 places in size and almost 1.4 million in some form of residential care. This paper reports findings from a review of national and international sources of data on living situation for 27 European countries as of 2019. Although there had been some changes, especially for children and especially in countries where EU structural funds had been used, there were still 1.4 million people living in residential care, with many still for more than 30 people. People with intellectual and developmental disabilities were those who were most likely to still be in residential services. We consider some of the potential reasons for these findings and discuss what might be needed to really advance deinstitutionalisation. People with disabilities have the same rights as everyone else to live in the community. This paper looks at where people with disabilities live and how this has changed over time. We found that many people with disabilities still live in institutions and that the number had not changed much since 2007. There have been more changes for children than adults. Fewer children now live in institutions. People with intellectual disabilities are most likely to still live in institutions and least likely to be living and participating in the community. Many countries in Europe still do not have good information about where people with disabilities live and whether they have choice and control or are active citizens. There was more change in countries which had received money from the European Union. However, in many countries, there were no plans for how to help more people to live in the community. [ABSTRACT FROM AUTHOR]

Several countries have enacted personal assistance (PA) legislation over the past few decades. Although this policy has been associated with improvements in the quality of life, here we explore how it interacts with the social environment. We examine how the existence of PA legislation influences the effect of social equality on the health and well-being of disabled people. Multilevel analysis was performed using data from the European Social Survey (n = 18,924), including 31 countries and 7 waves of data (2002–2014). Results show that social equality has a positive effect on well-being, but only in countries with PA. The relationship between social equality and well-being, in countries with PA, is explained by increased public participation, satisfaction with the political and economic situation, and a more positive opinion about the health services. Our findings highlight the importance of PA in influencing disability equality and improving disabled people's well-being. The ways in which social equality affects the health and well-being of disabled people is underexplored. We analyze how personal assistance shapes the link between social equality and well-being. The well-being of disabled people improves when there is more social equality, but this only observed in countries with legislation on personal assistance. Social equality is associated with public participation, satisfaction with the political and economic situation in one's country, and a more positive opinion about the health services, which in turn are all linked with greater well-being. This study offers additional information on how social aspects influence the well-being of disabled people, highlighting the importance of personal assistance for disability equality. [ABSTRACT FROM AUTHOR]

This comment examines the definition of 'media' under the recently-proposed European Media Freedom Act (EMFA), and highlights its potential flaws, while pointing to possible considerations for future improvement. Notably, the narrow service-based approach to defining 'media' under Article 2 EMFA appears to be in conflict with the functional approach to defining media under European and international human rights law. Additionally, a lack of transparency and safeguards regarding how the criteria of 'editorial independence' is to be assessed, especially under Article 17 EMFA, is problematic. The risk that such decisions are made based on commercial and/or political considerations rather than established standards of media freedom must be avoided, especially when platforms are to assess editorial independence. [ABSTRACT FROM AUTHOR]

Aim. The goal of the paper is migration processes in the context of globalisation leading to the erosion of cultural identity and the emergence of many heterogeneous cultures in many countries. Modern countries, where traditional societies with minor inclusions of another culture of European origin, have turned into multicultural communities, in which there are many scenarios for intercultural dialogue and multiculturalisation, including such negative options as xenophobia and racism, highlighting that one of the consequences of the multicultural approach in Europe has been a retreat into closed cultural communities. Methods. During the working process on the paper we applied the main methods of social and political studies such as the comparative analysis method; empirical methods; the method of observation; evaluation method and methods of content analysis. The paper is based on empirical research materials, articles, reports, research, and books. Results and conclusion. By way of conclusion, we can say that Muslim migrants who arrive in Europe, for the most part, do not hurry to integrate into the local society. Compared to the local population, they wear different clothes, have different habits, and profess a different religion. All this sets one to consider them y as "others," as strangers, which, under certain conditions, can lead to a feeling of fear or hostility (Alaverdov, 2020). The fact that Muslims maintain respect for their traditions is often seen by residents of their host countries as a sign of disrespect for local traditions. [ABSTRACT FROM AUTHOR]

Air pollution stands among the most serious environmental problems across Europe leading to grave negative health impacts and numerous premature deaths. Poor air quality has been subject to a comprehensive regulatory framework at EU level since mid-eighties. However, its implementation is still fraught with significant systematic and consistent difficulties. Against this backdrop, after a brief presentation of the main enforcement challenges of the current EU air quality legislative regime, emphasis will be placed on the latest policy and legislative developments in the field, which aspire to tackle the existing ineffectiveness and enforcement gaps. Next, the spotlight will be focused on the air pollution crisis through the lens of human rights, in the wake of the recent judgment by the ECtHR Pavlov and Others v. Russia. Lastly, an attempt will be made to approach the concept of citizen science mechanisms as a possibly useful toolbox to address air pollution crisis. [ABSTRACT FROM AUTHOR]

Τhe methods of medically assisted reproduction (MAR) are being widely applied all over the world ever since the birth of Louise Brown, the first child conceived after in vitro fertilization (IVF) of a human oocyte and subsequent transfer into the uterus of the ensuing embryo. The possible risks associated with the application of the different MAR methods have given rise to a debate concerning the necessity of a regulatory framework regarding the application of these methods especially in view of the crucial and ambiguous legal and ethical issues attached. [ABSTRACT FROM AUTHOR]

Improving the protection of the right to health of ethnic Roma people is one of the most pressing public health challenges in contemporary Europe, as their life expectancy and health status remain significantly lower than their non-Roma counterparts. This paper analyzes Roma-led accountability initiatives that embrace social accountability and legal empowerment approaches to advocate for equitable fulfillment of the right to health. While these initiatives have led to the elimination of some harmful health practices (such as illegal cash bribes and violent and abusive treatment by medical professionals) and to improvements in health care, and some Roma communities have become driving forces for local and national health system reforms for advancing the fulfillment of health rights, the health inequalities affecting Roma communities remain significant. This issue also remains largely overlooked by European health research and policy experts, who are mostly reluctant to incorporate analyses of ethnicity and racialization into their research on health inequalities in Europe. The COVID-19 pandemic has further exacerbated these health inequalities. [ABSTRACT FROM AUTHOR]

This research aimed to identify the economic and cultural factors of migration in Europe within the context of contemporary economic and social realities. To achieve the research objective, a comprehensive multi-stage research project was developed and implemented, incorporating the advantages of statistical analysis, monitoring, rating and summary statistics. The research relied on harmonized and validated statistical data from 48 European countries, divided into four sub-regions, serving as the informational foundation for the study. Using summary statistics on migration factors in the context of economic and cultural factors made it possible to demonstrate the importance of considering cultural human rights in the country's migration policy. An interpretation of migration practices in Europe by this means enables us to highlight the cultural context as a determining indicator, based on an analysis of objective indicators in the development of migration processes. Furthermore, the study shows that the high quality of life and cultural attractiveness of the national policy stimulates the migration intentions of a person to seek out countries with more developed economies. The findings of this study hold relevance for policymakers and specialists in public administration, particularly those involved in the regulation and control of migration. Additionally, academic researchers can benefit from the empirical regularities established in this research and the identified prospective avenues for future investigations. [ABSTRACT FROM AUTHOR]

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The multiple crises that Europe is facing have put at risk the fulfilment of the recovery and reconstruction objectives and the international commitments acquired for the present decade, based on the respect and guarantee of human rights, including the fight against poverty. In the collective imagination, the belief that poverty is a residual problem in a rich area such as the European Union is quite spread. Nothing could be further from the truth. Poverty rates, social exclusion and in- equality in Europe are high and persistent, which reveals multidimensional causes. The European political context and EU fundings are favouring the introduction of profound changes aimed at addressing, on one hand, the specific effects of the current crises and, on the other hand, pre-existing structural vulnerabilities. However, from European civil society we consider that a greater effort in the adoption of redistributive and social justice policies is required, to prevent the growth to intolerable levels of inequality, poverty and discrimination rates. [ABSTRACT FROM AUTHOR]

After nearly eighty years as a key promotor of public international law, European law, and the values of individual human rights, democracy, and the rule of law more generally, why has the Court of Justice of the European Union ("CJEU" or "the Court")--with other European Union ("EU") institutions and Member States--rendered a series of decisions in the last five years dismantling one of the post-World War II public international legal system's crowning achievements in Europe: the system of investor-State investment dispute settlement ("ISDS") before independent arbitral tribunals? This piece argues that the Court, as well as the European Commission's, recent hostility towards ISDS, is in part a wellintentioned but potentially misjudged effort to bolster the EU against perceived threats to its "supremacy." These threats have been lifted to the CJEU's direct attention through the courant of Euroscepticism that has rushed across Europe since the defeat of the referenda on the draft European Constitution in the Netherlands and France in 2005 and culminated in Brexit and efforts in Poland, Germany, Hungary, and elsewhere to disregard the EU law principle of primacy. The Court's impulse to wield its jurisprudential might to block rule of law "backsliding" through strict application of Articles 267 and 344 TFEU and Article 19 TEU (which the CJEU deploys to delineate EU courts' "exclusive" jurisdiction over issues of EU law) and its application of this philosophy to ISDS can be witnessed through the similar reasoning and references present in the Court's "anti-ISDS" decisions Slovak Republic v. Achmea, Republic of Moldova v. Komstroy, and European Foods, as well as Portuguese Judges and other decisions aiming to curtail misbehavior of "backsliding" governments in Poland, Hungary, and other EU Member States. Despite the CJEU and the EU's seemingly positive intentions to reinforce the "rule of law" in the EU through these actions, this article queries whether the CJEU's increasing volonté to unilaterally expand the jurisdiction of EU courts and issue decisions that ostensibly violate bedrock principles of customary public international law, such as pacta sunt servanda, is a healthy development for the post-World War II international legal order. [ABSTRACT FROM AUTHOR]

The article focuses on the British government's policy to remove migrants entering Britain through apparent illegal means to Rwanda, Africa and its mental health consequences for these individuals. Topics include migrant populations are a vulnerable group susceptible to psychopathology, forcibly relocating these individuals to a region where they may lack sociocultural and familial connections could heighten psychological distress, and Rwanda may have insufficient mental health provisions.

This study addresses the incompatibility question between the corporate organization of industry and a system based on the general recognition of economic rights and freedoms in continental western Europe. A dissociation/identification model based on a comparative analysis verifies the consistency of the premise that makes the emergence of economic rights possible only after suppressing the corporations of trades. The model stems coherently from the ideas of eighteenth-century political economists and crystallizes in reform policies aimed at eliminating corporate elements contrary to economic freedoms. The results directly link the intellectual model and the actual expressions of economic rights within the declarations written at the end of the old regime. While dissociation creates an opportunity for corporate continuity within a framework of recognized economic freedoms, the French identification model implies the suppression of corporations. [ABSTRACT FROM AUTHOR]

Advocacy is one of the core functions of public health and is a key tool for achieving Sustainable Development Goals. Public health associations play a key role in advocating for the development and implementation of strategies to prevent diseases and promote health and well-being. This study aims to map out the focus of public health advocacy carried out by selected national public health associations over 4 years, between 2018 and 2021, in order to identify gaps and strengths and support associations and professionals in their advocacy efforts. Twelve national public health associations participated in the study. Official policy documents produced between 2018 and 2021 were collected and analysed. The title and summary of the policy documents were examined line by line and coded into the main subject categories and themes. A qualitative thematic analysis was conducted. Policies were assessed from global and regional perspectives. A total of 220 policy documents were analysed. Overall, the largest number of policy documents came from high-income countries and dealt with environmental health and communicable diseases, including COVID-19, with, however, important differences among regions. In the African region, public health advocacy focused mainly on strengthening health systems; Europe and South America were mostly concerned with communicable diseases and pandemic management; and North America and the Western Pacific regions focused primarily on climate change. Limited attention was paid to international health and health as a human right in all regions. Our study showed that, especially in high-income countries, public health associations actively engage in advocacy; however, more effort needs to be devoted to implementing a more international and intersectoral approach at the global level, anchored in health as a human right and aligned with the Sustainable Development Goals. [ABSTRACT FROM AUTHOR]

Digitization in transplantation is not a new phenomenon. Algorithms are being used, for example, to allocate organs based on medical compatibility and priority criteria. However, digitization is accelerating as computer scientists and physicians increasingly develop and use machine learning (ML) models to obtain better predictions on the chances of a successful transplant. The objective of the article is to shed light on the potential threats to equitable access to organs allocated through algorithms, whether these are the consequence of political choices made upstream of digitization or of the algorithmic design, or are produced by self-learning algorithms. The article shows that achieving equitable access requires an overall vision of the algorithmic development process and that European legal norms only partially contribute to preventing harm and addressing equality in access to organs. [ABSTRACT FROM AUTHOR]

Advancing Global Human Rights and, for Decades, Security in Europe by Peter L. W. Osnos with Holly Cartner Davy credits the Helsinki process with "defrosting" the Cold War, but he does not address the larger question of whether détente accelerated or delayed the happy end of the confrontation. On the question of whether the Helsinki model can be applied elsewhere in the world, Davy's "short answer is no, [for] Helsinki was specific to its time and place in Cold War Europe" (p. 239). [Extracted from the article]

Before the Second World War, the concept of Europe was a secondary moniker in a nationalistic world, which made the post-war rise of Europe and European legal heritage as concepts remarkable development. The idea of European integration was in part a post-war reaction to the ultranationalism touted by totalitarian regimes such as Nazi Germany or Fascist Italy. In a few years after the war, there emerged a new theory which argued that Roman law provided the foundation for a common European legal heritage, as well as a basis for future integration. This contribution explores the emergence of this idea and traces its history from the 1930s to the present, equally by scholars working in Europe and those who were exiled in the United States, arguing that with the rise of human rights instruments it created a foundation for the European narrative of rights that was a key part of the legitimation of European integration. This article demonstrates how these narratives of Roman law legitimated changing conceptions of European self-understanding and self-definition by engaging in a type of heritage discourse where the past was seen as a framework for the future. [ABSTRACT FROM AUTHOR]

The article reports that Women's courageous resistance to gender apartheid in Shaharzad Akbar's leading voices of human and women's rights in Afghanistan. Topics include feminist antimilitarism that works towards breaking the cycles of violence to her reflections on the potentials of art in human rights activism; and reflections on gender politics and women's rights in Afghanistan, Europe in poetry, literature, and politics.

The persistence of health inequalities means that many public health professionals face an ongoing task to develop and update policies to tackle them. However, although the inequalities might be unchanged, the political priorities in the many policy areas involved are changing and the ambition to reduce the health divide is constantly facing strong forces pushing in the opposite direction. Recent proposals to re-think health inequalities need to be treated with caution because they are disconnected from what is needed for policy-making in this area. From our experience of 35 years in developing strategies to tackle health inequalities, we still see many entry points with space for local and national improvements, but it is crucial to ask the right questions. The aim of this Commentary is to present a new framework of eight questions that might provide a helpful structure for the necessary dialogue between researchers and policy-makers. Even if answers are not yet available for all of them, we believe that discussing them for a specific population in a specific political context will be fruitful to inform policy on the ground. [ABSTRACT FROM AUTHOR]

Throughout Europe the most damaging consequences of the coronavirus have fallen disproportionately on older people who live in care homes. This study involves the analysis of secondary data sources relating to deaths, and related harms, in European care homes from seven countries between March and December 2020. The findings are reviewed using the framework of the European Convention on Human Rights to identify examples of human rights violations - namely the right to life, liberty and security, respect for private and family life, and prohibition of torture, and general prohibition of discrimination. A significant contributing factor to the scale and nature of deaths and harms is the abject disregard of older people's human rights. Based on the findings, the authors, a group of social work academics, call for an urgent re-examination of the role of social work in relationship to care homes and the importance of re-engaging with human rights issues for care home residents. [ABSTRACT FROM AUTHOR]

Objective: Medical treatments that aim to modify the appearance of the genitals in children who are born with a difference of sex development/intersex (DSD/I*) condition are highly controversial. Human Rights bodies worldwide have argued that such treatments are conflicting with the child's right of personal autonomy and should be legally restricted to the unique situation where the child's physical health is in danger., Design: We here review the current status of legal initiatives in Europe that have addressed the issue of medical treatments in minors who have a DSD for which they have not been able to give personal informed consent due to their young age., Patients: The management of a 3 years old child who has congenital adrenal hyperplasia (CAH) and grows up with atypical-looking genitals is discussed., Results: In spite of extensive psychosocial support to the child and family from birth onwards, and good medical control of CAH, the child develops signs of emotional distress, suspected to be attributable to the genital difference. Our discussions include perspectives from the multidisciplinary DSD team caring for the child, a human rights specialist, and an intersex activist. From our discussions, we conclude that with evolving medical care, new ethical and human rights challenges are raised. A truly holistic human rights approach should not only consider physical but also mental health and psychosocial and psychosexual adaptation of the child to the medical condition, when reflecting on the acceptability of medical treatments in minors for which no personal informed consent can be obtained due to their young age. In addition it is paramount to include the meaningful participation of the child in the clinical management at the earliest possible stage., Conclusions: Continued convergence of clinical management and the human rights framework can be realised based on constructive discussions involving all stakeholders, and with the best interest of the child - and adult that they will become - as a common goal., (© 2023 John Wiley & Sons Ltd.)