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We are currently witnessing a turn to racism and anti-racism in Latin America. The recognition of racism is not new, but the attention and challenge to racism, in such an orchestrated way, is. What are the signals of such turn to racism and anti-racism? What are the overall lessons for Latin America and from Latin America to global antiracist efforts? This introduction looks at the arguments of the articles in this special issue to highlight how issues of racial visibility, naming racism, racial data, legal rights and recognition, entrepreneurship, mestizo identity, the possibilities of alliances, racially-aware struggles against class (and gendered) oppression, are key to understanding this turn. While we do not claim that these articles cover the full extent of this turn in Latin America, we suggest that analysing how this turn appears in Latin American opens useful ways of thinking about anti-racism more widely. [ABSTRACT FROM AUTHOR]

To operate legally, religious groups must be legally recognized in Vietnam. However, as of 2023, only twelve Protestant groups had been officially recognized, and a few more religious leaders had registered their organizations for legal recognition. Our research data indicate that a significant number of Protestant groups operate without legal recognition, and this article analyzes the reasons for this situation. Based on 49 interviews, the authors argue that legal recognition is particularly important for large Protestant churches, which require legal status to obtain certain administrative powers and to become eligible for material support from the state. However, the administrative process for legal recognition is very complicated. Furthermore, obtaining legal status often implies increased surveillance of religious activities by local administrators, which may inhibit their evangelistic activities. Consequently, many representatives of Protestant religious groups have decided to operate without legal status, even at the risk of legal sanctions. [ABSTRACT FROM AUTHOR]

Introduction: Shifting sociopolitical landscapes may create doubts, questions, or concerns for individuals, especially those who hold a disenfranchised identity or are in marginalized relationships (Meyer in Psychology of Sexualities Review 7:81–90, 2016). As a result of political and societal opposition following the Supreme Court Obergefell v. Hodges (2015) decision, for example, legal and social uncertainties may lead to distress for same-sex couples. Methods: Guided by the Contextual Relational Uncertainty (CRU) model (Monk & Ogolsky in Journal of Family Theory & Review, 11(2):243–261, 2019), we test the association between sociopolitical uncertainties (i.e., uncertainty about legal recognition, social acceptance, and norms or scripts) and relational uncertainty (i.e., self, partner, and relationship uncertainty) among people in same-sex (n = 180) and different-sex (n = 180) relationships 1 year after the Obergefell ruling. Results: We found that most sources of sociopolitical uncertainty were positively associated with the sources of relational uncertainty. Using thematic analysis, we also analyzed responses to open-ended questions about concerns and experiences related to the Obergefell v. Hodges decision. We identified primary themes including increased (a) social certainty and (b) relational security, but also increased uncertainty related to (c) the breadth and permanence of legal recognition, (d) family norms and roles, and (e) potential backlash. Conclusions: Overall, these findings provide more evidence of the positive and negative consequences of precarious societal transitions on the lives of individuals, particularly people in marginalized relationships. Policy Implications: Policymakers and court system officials should be conscious of the full import of legislation. Even when producing legislation that is perceived to benefit a population, policies and educational resources should be considered that further support these communities across the transition. [ABSTRACT FROM AUTHOR]

Citizen participation among children and adolescents is key for the development of society. According to the Convention on the Rights of the Child, the legal and ethical recognition of public, education, and social policies for children is vital for ensuring an active and critical society. The aim of this research paper is to analyse the characteristics and challenges of citizen participation during childhood as an educational process. The methodology employed was a systematic review carried out using the WOS, SCOPUS, and ERIC databases, taking into account the PRISMAS 2020 protocol. The results show that the incorporation of a culture of participation in children and adolescents will guarantee the persistence of democratic systems, although there are still challenges to overcome. The conclusions suggest that it is crucial that educational institutions, families, and society as a whole commit to promoting the philosophy of citizen participation at an early age in formal and non-formal educational contexts. [ABSTRACT FROM AUTHOR]

The progress of transgender rights in India has seen significant strides with milestones such as the National Legal Services Authority (NALSA) judgment and the enactment of the Transgender Persons (Protection of Rights) Act in 2019. The NALSA judgment recognized the right of transgender individuals to self‐identify their gender. This decision led to the formal recognition of a ‘third gender’, advancing legislative and social reforms. Prior to this, transgender individuals faced substantial hurdles, including limited access to education, employment, and healthcare due to a lack of legal recognition. Within a few years, The Transgender Persons (Protection of Rights) Act established a framework that safeguards the rights of transgender individuals and prohibits discrimination based on gender. This legislation requires the government to take measures like promoting education, providing vocational training opportunities, ensuring accessible healthcare services, and offering social security support. It also addresses the healthcare needs of transgender individuals thereby contributing to their overall well being. The Support for Marginalised Individuals for Livelihood and Enterprise (SMILE) program and Garima Greh are initiatives that provide spaces and empower a marginalized transgender individuals and promoting their inclusion, justice and empowerment. This article explores the progress pertaining to transgender rights and welfare, while highlighting efforts undertaken by the Indian government. [ABSTRACT FROM AUTHOR]

The introduction of the subsidiarity principle by the Maastricht Treaty was intended to strike a balance between the Member States and the supranational level in terms of non-exclusive competences. However, the principle of subsidiarity in the current EU structure is Janus-faced: although it was theoretically included in the founding treaty to protect the lower levels, its modus operandi is actually aimed at demonstrating the supranational level’s capacity to act. Perhaps this is why the enshrinement of the subsidiarity principle in the Treaty has not lived up to expectations, and the relevant Treaty provisions have largely remained dead letters. At the same time, the need represented by the principle of subsidiarity, namely the protection of the autonomy of the Member States, remained present in European integration, which finally emerged in the concept of constitutional identity, linked to the redefined identity clause after the Lisbon Treaty. In this sense, the identity clause in Article 4(2) TEU has become the legal device or standard that is able to transfer the constitutional needs of the Member States to the level of EU law and provide the possibility for their recognition at EU level. For this to work, a cooperative approach by national constitutional courts seems essential. [ABSTRACT FROM AUTHOR]

The article examines new approaches to understanding the concept of spousal maintenance in the context of the constitutional right of Ukrainian citizens to an adequate standard of living. The legal nature and peculiarities of the institution of spousal maintenance under the law and the agreement on the provision of maintenance to one of the spouses are investigated. Considerable attention is paid to the issues of determining the conditions (grounds) for payment (recovery) of alimony. In particular, the article interprets such a ground as need on the basis of part 4 of Article 75 of the Family Code of Ukraine, namely: a person whose income is less than the subsistence minimum is recognized as needy or in need of material assistance. In this case, it is about establishing a certain correspondence between neediness and the size of the subsistence minimum established by legislation. In this connection, it was concluded that this minimum can be considered acceptable in cases of only normal life support of a person, but it is not sufficient in the case of a disabled person, in particular, who is deprived of the opportunity to work. It is argued that it is impossible to legislate and equally define the level of material security for all citizens without exception. This is due to the fact that some people, due to disability, including temporary, serious illness, pregnancy, etc., need much more money for their normal existence than others. Therefore, an individual approach of the court to determining the amount of alimony in each particular case is important. The author makes a historical analysis of the spousal maintenance institute, and it follows that the provision of Part 4 of Article 75 of the Family Code of Ukraine is a historical tribute to Soviet family law and needs to be adjusted in modern conditions, taking into account a number of factors: expansion of discretion in family law; consolidation of the leading role of contractual family law regulation; recognition at the level of the Constitution of Ukraine of the right to an adequate standard of living; the fundamental principle of mutual moral and material support in the family and the obligation of spouses to financially support each other in marriage. The article also substantiates that at the current stage of development of family law in Ukraine there are sufficient prerequisites for recognizing Part 4 of Article 75 of the Family Code of Ukraine as inconsistent with the Constitution of Ukraine. [ABSTRACT FROM AUTHOR]

This article aims to explore the legal nuances and criminological implications of inheriting digital currency, highlighting the inadequacies and potential risks involved in the current legal framework. Employing induction and deduction, the study distinguishes between traditional, electronic, and digital currencies, analyzing their classifications and legal considerations. The findings indicate a lack of comprehensive legal recognition and regulation concerning the inheritance of digital currencies in Kazakhstan and globally, identifying only two legally non-contradictory methods of inheritance: by law or will, with a closed will deemed safer yet simpler. This research underscores the necessity for legislative refinement to mitigate risks and ambiguities in digital currency inheritance, offering criminological insights into the prevention of fraud and misuse in the digital inheritance process. Its practical significance lies in providing a critical analysis beneficial for Kazakhstani citizens in navigating digital currency inheritance and urging legislative bodies towards enhancing the legal framework governing digital assets. [ABSTRACT FROM AUTHOR]

Despite the prominent role that the Islamic faith plays in shaping the social and regulatory aspects of Arab countries and the constitutional recognition of Islamic law (Sharīʿah) as a main source of legislation in most of these countries, judicial precedents regarding Islamic finance contracts remain scarce in the Arab world. This article sheds light on the judicial treatment of the validity and characterisation of Islamic finance contracts. It examines the economic and regulatory backgrounds of the Islamic finance industry in Egypt, Kuwait, and Oman. This examination provides a necessary prelude to the article's discussion of the Islamic finance contract from jurisprudential and regulatory standpoints. It also provides a foundation for the analysis of noteworthy judicial precedents on the validity and characterisation of the Islamic finance contract. Following such analysis, this article makes recommendations to enhance the regulatory and judicial appreciation for the distinctiveness of Islamic finance. [ABSTRACT FROM AUTHOR]

Landscape, as an essential component of quality of life for humans all over the world, is undergoing a period of rapid and profound changes, mainly due to such phenomena as climate challenges and social crises. Landscape Architects, more than ever, are expected to play a significant role in responding to current environmental and social challenges. Although many claim that Landscape Architecture is the profession of the 21st century, it is still struggling to gain proper recognition worldwide and in Europe. In the meantime, numerous legal instruments have been developed to facilitate the regulation of various professions in Europe. This paper aims to map the status and factors affecting the regulation process across Europe and investigate the role of legislation and legal recognition regarding Landscape Architect's services, their professional title, and mobility. In order to achieve such goals, a short literature overview of the most recent and relevant research of mapping the profession and studies undertaken by IFLA Europe was performed as well as a collection of data for the survey and the composition of a questionnaire that was sent to all Delegates of the National Associations. The results were compiled into separate documents for the regulated and non-regulated countries. They present the specificities of the profession that constitute the basis for its regulation, the importance of the legal recognition of the profession for a stronger professional environment for Landscape Architects, and the catalyst role of legislation determining professional recognition. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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.)

The work aims to provide a description of the sociolinguistic and linguistic reality of the hamlet of Timau in the municipality of Paluzza. In contrast to the other villages of the Municipality, the population of Timau has been speaking for centuries, alongside Italian and Friulian, the Timavese code, a Carinthian based variety that nevertheless displays distinctive linguistic characteristics at all levels. In the paper we will present the origins of the village, the sociolinguistic position of Timavese in the community’s repertoire, the similarities and differences between Timavese and Carinthian and the corpus and status planning created for this variety after its recognition by the national law 482/1999 (“Norme in materia di tutela delle minoranze linguistiche storiche”), aimed at protecting the historical linguistic minorities recognized in the national territory. [ABSTRACT FROM AUTHOR]

International law traditionally did not concern itself with States' treatment of individuals, flora, or fauna subject to their jurisdictions. Contemporary international law does. International law recognizes the protection of human rights and the biosphere as community interests, interests that transcend States' interests and demand international regulation. Yet, the treaty regimes that secure the protection of human rights and the biosphere operate in diametrically opposed ways. Human rights regimes rely on international institutions to define objective communitarian norms for States to abide by, whereas the Convention on Biological Diversity regime relies on private markets to internalize the cost of development and thereby preserve the biosphere. This Comment argues that international law's recognition of community interests demands that State obligations be framed as "absolute" ones, owed regardless of the conduct of other States party to a given treaty. The absolute character of human rights obligations disallows States from modulating the scope of their performance based on the conduct of other State parties and justifies international public scrutiny over States' compliance with their international obligations. In contrast, the nonabsolute operation of conservation obligations helps to maintain States as sovereign property owners with no overriding duties to protect the biosphere and limited venues for public scrutiny. This theoretical insight has practical implications. A proper framing of the protection of the biosphere as a community interest under international law demands that States' conservation obligations be framed as absolute ones so as to recognize the biosphere as an object of concern in its own right, regardless of how States value its uses. This Comment describes two models of community interest treaties, evaluates them against the need to subject States to objective communitarian norms and public scrutiny, and identifies treaty design issues that may arise should international biodiversity law be reformed to make States' conservation obligations absolute. [ABSTRACT FROM AUTHOR]

In recent years in North Macedonia, there has been a noticeable and steady rise in the prevalence of non-marital unions or domestic partnerships, alongside a decline in the number of marriages and an increase in divorces. This trend mirrors developments seen across Europe, signaling significant shifts in the perception, function, and role of the institution of marriage and family over recent decades. Across European nations, various models of legal frameworks govern non-marital unions. These differences encompass conditions for existence and legal recognition, the legal consequences of domestic partnership, and procedures for its dissolution. While some countries require registration and fulfillment of specific criteria for legal recognition and effects of non-marital unions, others, like North Macedonia, do not impose such prerequisites. In certain jurisdictions, the legal ramifications of non-marital unions closely resemble those of marriage, encompassing both personal and property rights between non-marital partners. However, in the Republic of North Macedonia, the law predominantly focuses on regulating property relations between such partners, granting them certain rights—a focal point of this research paper. The legal framework governing the property relations of non-marital partners holds significant importance, particularly in safeguarding the financial security of economically vulnerable partners and ensuring the protection of any shared children. The methods employed in this research include theoretical analysis and the comparative method, drawing upon the legal frameworks and practices of Croatia, France, and Italy alongside North Macedonia. Through these analytical approaches, we aim to elucidate the intricate dynamics of domestic partnerships and their implications for individuals and families in contemporary society. [ABSTRACT FROM AUTHOR]

The study represents a first effort to explore societal sources of support for judicial independence under authoritarianism. Contemporary Russia, which is characterized by legal dualism, under which judges pay close attention to the governing law when resolving mundane cases but routinely twist this law beyond recognition in politicized cases, presents an ideal case study. Drawing primarily on two national representative surveys, fielded in 2008 and 2018, the author finds that a majority of Russians believe their judges to be under the control of political officials. Higher education and prior court experience are key predictors of skepticism. The study complicates the relationship among these factors by singling out Russians with legal education. Despite their high levels of knowledge and experience, law graduates are more likely to believe in judicial independence than other university graduates. This suggests the importance of drawing a contrast between those with profound knowledge, such as lawyers, and those with superficial knowledge. Thanks to their educational socialization and deeper understanding of the messy reality of courts, Russian lawyers are more forgiving of the courts' shortcomings. [ABSTRACT FROM AUTHOR]

Historically, the issue of who were a child's parents was in most instances settled as it was considered that the nuclear family was the (only) valid family formation and, as such, should be the (only) family configuration that should be protected and recognised under the law. Thus, traditionally there was an overall uniformity in the laws of different European States regarding parenthood-related issues. Although some European States continue to maintain a dividing line between nuclear and alternative families by offering legal recognition and protection only to the former, in other European States the law increasingly gives legal recognition and protection to parenthood in situations where the family does not fit within the nuclear family model. This diversity in the legal regulation of parenthood has given rise to the problem of non-recognition of parenthood: in some instances, parenthood validly established under the laws of one State is not recognised in some other States. The article considers the ways in which European law has responded to this problem to date and concludes that currently there is no comprehensive solution to it. Although recent years have seen a surge in efforts to find such a solution, the chances of this materialising appear grim. [ABSTRACT FROM AUTHOR]

In 2022, a New York civil court concluded that a polyamorous partner should not be automatically excluded from noneviction protection (O'Neill). The decision was hailed as particularly groundbreaking and a 'game changer'. On the other side of the globe, the New Zealand Supreme Court concluded that polyamorous unions could be entitled to the same property-sharing regime as couples. Upon closer examination, the two decisions use function-based modes of recognition to confer similar protections upon the polyamorous union. However, this paper will illustrate some of the limitations inherent in this approach. At present, functional recognition exhibits a continued attachment to the traditional marital family; this aspect, combined with the unique complexity of polyamorous arrangements, renders this route to legal recognition potentially inappropriate. The decisions examined either fail to understand the nature of the arrangement or choose to distort it in order to make polyamory legally intelligible. Both decisions are emblematic of a broader difficulty of functional recognition to provide answers to the legal demands of this type of relationship. [ABSTRACT FROM AUTHOR]

In mainstream culture, the horror genre is frequently looked down upon as trivial, shlocky and nasty – horror films are seen as being cheap to make, made for a younger, mass audience, and horror films tend to dwell on society's taboos, phobias and anxieties. Horror can also be a conservative genre – racist, misogynistic and queer phobic – enforcing rules that lead to horrible endings for characters that are non-white, queer or who are women. However, the horror genre also has the potential to be progressive, subversive and critical. We argue that if horror can rethink and renegotiate the meaning of gender, race, politics and power, then so should law. Despite the longevity of feminist legal theoretical recognition of intersectionality, the law still has an outdated and conservative conceptualisation of the legal subject and of its audience – for whom the law is written. Through our reading of the trajectory of the figure of the Final Girl, we argue that the law should see the evolution of the horror genre as a didactic text. We draw upon the insights of transformations of the Final Girl over recent decades and the remaking of the cultural imagination, to argue that the legal imagination likewise needs to be transformed. [ABSTRACT FROM AUTHOR]

The aim of this paper is to settle the controversy around Kant's notorious discussion of maternal infanticide in the 'Doctrine of Right' of 1797. How should a state punish an unmarried mother who has killed her newborn infant? The text (at DoR VI 335–37) is obscure. Three readings have been defended in the literature: 1. Lenience. Maternal infanticide does not count as murder; so, capital punishment is inappropriate. On this view, the child does not enjoy the full recognition of the law (this is the standard view). 2. Temporary privilege. Lenience should prevail as long as social attitudes are barbaric and treating maternal infanticide like regular cases of murder is perceived to be unjust. The regular punishment for murder will be appropriate once sexual mores have changed. The child will then enjoy the full protection of the law (Hruschka, Varden). 3. No lenience. Capital punishment, though it appears to be unjust, is actually just and ought to be applied. Any child, whether born to married parents or not, enjoys the full protection of the law (Brandt, Uleman). Based on a close examination of the passage and the context of contemporary laws and attitudes, Kant is not, it will be argued, advocating lenience but certain legislative reforms, which are needed to dispel the perception that capital punishment is unjust. Progressive legislation will change social attitudes, not vice versa. Moreover, it will be shown that Kant does not, appearances notwithstanding, endorse the thesis that a child born out of wedlock has been smuggled into the state like 'prohibited goods' or 'contraband merchandise', which would deprive the child of the protection of the state; that is the view with which Kant saddles Cesare Beccaria. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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.)

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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.)

Since coming to power in 2016, the Democratic Progressive Party (DPP) has pledged to safeguard Taiwan's sovereignty amidst Beijing's aggressive imposition of the one-China principle. This article assesses the impact of the DPP's recognition for survival strategy which involves using free trade agreements (FTAs) to boost Taiwan's legal standing and recognition in the international community. The strategy entails a two-pronged plan: retaining Taiwan's status as a vital regional economic player to ultimately advance its de jure sovereignty via regional FTAs. Drawing on Taiwan's past FTA experiences, we analyze the possible outcomes of the government's application to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the likely consequences of these outcomes on the country's sovereign claims and status. We argue that while the DPP's strategy plays a crucial role in renegotiating Taiwan's political self as an unrecognized state, failure to mitigate the negative externalities of the one-China principle while negotiating and implementing the CPTPP will further undermine the country's facto sovereignty. [ABSTRACT FROM AUTHOR]

The legal evidentiary approach to "solving" statelessness can sometimes lead to the issue being framed in terms of certain groups of people not meeting objective citizenship criteria or lacking required legal documents. Building on critical interdisciplinary scholarship in anthropology, history and legal studies, this article demonstrates the "constructedness" of citizenship and statelessness through the lens of the politics of recognition and documentation. Using Thailand as a case study, I highlight how global economic, political and social contexts play a significant and dynamic role in delineating the legal line of membership. By tracing how Thai nationality has been instrumentalised by the state throughout the twentieth century, this article contextualises statelessness as a legal and social by-product of statemaking. As such, it challenges the framing of nationality as a non-discriminatory mode of recognition founded in legal objectivity and reiterates the politics of statelessness. In emphasising the fragility of citizenship when granted without genuine social, political and moral recognition, I argue that the objective of statelessness advocacy should not simply be about turning stateless persons into citizens, but rather about creating a more equitable society wherein one's rights are upheld regardless of legal status. [ABSTRACT FROM AUTHOR]

LegalNERo is a manually annotated corpus for named entity recognition in the Romanian legal domain. It provides gold annotations for organizations, locations, persons, time expressions and legal resources mentioned in legal documents. Furthermore, GeoNames identifiers are provided. The resource is available in multiple formats, including span-based, token-based and RDF. The Linked Open Data version is available for both download and querying using SPARQL. [ABSTRACT FROM AUTHOR]

The Supreme Court of Nepal was a groundbreaker when it ruled in Pant v. Nepal (2007) that people have the right to change their gender on identity documents based on "self-feelings" and "self-determination" as opposed to medical or other criteria. At the time, no other national apex court or national government had so clearly prioritized self-determination as the guiding principle for resolving matters concerning gender identity. The decision in Pant, however, focused on people of "third gender," in other words people who identify as neither male nor female. Now, the Supreme Court of Nepal is considering the case of a transgender woman, Ms. Kapali, who is seeking to identify as female on her identity documents, not as "third gender" or "other." Ms. Kapali is challenging government authorities that have rejected her requests. [ABSTRACT FROM AUTHOR]

In 2022, Greece became the fifth country in the world to legally ban Intersex Genital Mutilation (IGM). The bill was prepared by the Ministry of Health and the intersex-led organisation "Intersex Greece". Even though the organisation was only established in 2021, it was actively engaged in the whole law-making process, which resulted in a legal text that became a best practice worldwide. This article tracks the history of the intersex movement in Greece and shows that the movement emerged around 2009. Then, based on online interviews, blogs, videos and articles, all strategies and alliances used by the movement over the years to advocate for intersex rights are explored, especially in the year 2017 when the law on Legal Gender Recognition (LGR) was passed and in 2022 when IGM was banned. Furthermore, online public documents from the Greek Parliament are consulted to provide a comprehensive analysis of how the social, cultural, economic, and political environment in the country affected these legal developments. Based on the above evidence, this article shows that the law-making process on IGM in Greece started 13 years before the law and was the outcome of a long process of multiple and unique intersecting factors. [ABSTRACT FROM AUTHOR]

Mar González is a psychologist and one of the pioneers in studies on LGB-parent families in Spain. Her research work from the 2000s onwards played an essential role in the parliamentary debate in the country, which culminated in the approval of same-sex marriage in 2005. Spain, a Catholic-majority country that had left the Franco dictatorship three decades earlier, was the third country in the world, after Belgium and Netherlands, to recognize the right of gay and lesbian people to unite. Her studies address unconventional families, family diversity, child and family development, and their relationship with education and health. Our conversation addressed LBG parenthood, the establishment of filiation rights for this social group, studies on these family configurations, and leading LGB parenthood health implications. [ABSTRACT FROM AUTHOR]

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca 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.)

The institution of recognition in the international public law can be defined as the desire of a state to establish and maintain official Relations with another state, respectively with its government. The recognition of a state is the act by which a state admits that a political entity fulfills the conditions specific to a state (takes note of the emergence of this new subject of law) and express its will to consider it a member of the international community, recognition being a matter of pure intention, it is up to the existing state to recognize a new state or not. States are the main subjects of international law. For an entity to be considered as a state, it must meet the criterion established in art. 1 of the 1933 Montevideo Convention on the Rights and Obligations of States, namely to have a permanent population, defined territory, government, as well as the ability to enter into relations with other States. On the on the other hand, there are contemporary geopolitics entities that tends to be recognized as sovereign states under international law but do not enjoy full global diplomatic recognition. They are divided into two categories: entities that have complete or partial control over them claimed territories and is de facto self- governing, with the desire to obtain total independence; respectively entities that do not have control over the claimed territory, but have been recognized as having a de jure right over the respective territory at least one other generally recognized nation. These special situations will be addressed in the paper, with some concrete examples from the international current affairs. [ABSTRACT FROM AUTHOR]

The article focuses on Moritz Götze and the art of screen printing, highlighting its pivotal role in his career amidst the cultural and political shifts of post-Mauerfall Germany. Topics include his early defiance of socialist norms, resurgence of screen printing as a favored medium among nonconformist artists in late GDR, and Götze's establishment of his own studio in Halle (Saale) despite state restrictions. It mentions his journey from controversial beginnings to international recognition.

Copyright of Revista Didasc@lia: Didáctica y Educación is the property of Universitaria de Las Tunas, Centro de Estudios de Didactica 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 this study, the authors show that, starting from the end of the 19th century and the beginning of the 20th century, the necessity for assistance, as well as for international judicial cooperation became a significant one, a fact that was determined by a series of endogenous and exogenous factors. Thus, the economic factor was the most important tool for persuading the states of the world regarding mutual recognition and the easy execution of judgments pronounced in a state, but which must produce at least one part of the effects in another state, so that the exercise of the rights and the execution of the obligations of the parties established by the court of law had to find a „fertile ground" for mutual implementation of effects. Likewise, the necessity to avoid the loss of precious time, the avoidance of unnecessary costs of re-trial in several successive states, in relation to the constant fluctuations of the domiciles of the litigating parties, the imperative of avoiding some judgments that are substantially different in terms of specifics and effects, the desideratum to remove the situation of concurrence of jurisdictions, etc. were among the most significant factors in driving the establishment of an integrated and coherent mechanism for the recognition and mutual execution of judgments pronounced in different regions of the globe and being part of various supranational structures, as well as of international cooperation mechanisms. There could hardly have been a discussion about the concepts of development and diversification of world trade, without the entrepreneurs involved in international trade acts or the natural persons interconnected through a set of civil legal relationships having the certainty that, once they enter into a contractual connection with entities and persons from third countries, the settlement solutions of these disputes, pronounced in one state, could be quickly enforced, under the conditions of an international normative framework and under conditions of reciprocity, in any other state where they find their domicile or the headquarters or where the debtors of the conventional obligations carry out their main activity. The legal factor, determined by the necessity to remove impediments of legal origin in the recognition and execution of foreign judgments, has represented another factor of conceptual union, which made possible the adoption of international cooperation mechanisms in civil matters, in disputes with professionals, in the field of labour or criminal disputes, as well as in the area of consumer legislation. [ABSTRACT FROM AUTHOR]

Introduction. The communicative theory of law put forward in the first years of the XXI century by A. V. Polyakov received further development in the next decade due to the substantiation of the metatheoretical foundation of this theory in the doctrine of legal recognition as the transcendental basis of law. The idea of objectifi cation of law through recognition proposed by A. V. Polyakov becomes the basis of a new humanistic understanding of law, which asserts the key character of trust in legal genesis. Theoretical analysis. The development of the doctrine of recognition as the foundation of legal genesis begins with the substantiation of the idea of recognition of law. A. V. Polyakov connects the very possibility of law with the fact that interacting subjects must not only understand the boundaries of their behavior, but also continuously coordinate them with each other. In this process, each of the subjects must recognize the presence of symmetrical abilities in the counterparty, therefore, recognition is the unity of intellectual and cognitive aspects of law with emotional and axiological one, which asserts the primacy of freedom, equality, dignity and responsibility of the participants in the interaction. From this thesis A. V. Polyakov deduces four aspects of formal equality – communicative equality, normative legal equality, equality as a legal ideal and equality as conformity. Еmpirical analysis. The author considers the conceptual transition from the idea of law as recognition to the principle of mutual legal recognition. Legal recognition as a principle is based on the ontological fact of the existence of Another as a representative of the human race, recognition of the human status of Another means the acceptance by an individual of responsibilities corresponding to the rights of Another as a response to expectations about their own rights. Results. A. V. Polyakov revealed the transcendental foundations of law through the analysis of legal recognition. These data deepen the provisions of the communicative theory of law on the ontological status of law, give the doctrine of legal communication a metaphysical and existential perspective, considering a person in the unity of his / her cognitive, emotional and volitional abilities.

LGBTI rights vary globally across regions and countries, and although factors such as political institutions and religion are known to influence this variation, the nature and form of these relationships are understudied and often modeled linearly or without considering important aspects highlighted in the literature, such as institutional persistence or the influence of the past. Using the Global Index of Legal Recognition of Homosexual Orientation (GILRHO) and various institutional, cultural, and demographic indicators compiled in the Quality of Government Dataset, a panel of 144 countries was analyzed over 45 years. To achieve the objective of identifying the determining factors of legal recognition for LGBTI individuals, robust dynamic panel data models were used to account for dynamic panel bias and non-normal disturbances in errors (serial autocorrelation, heteroscedasticity, and contemporaneous correlation). It was found that the relationship between institutions, inclusion, and religion in LGBTI legal recognition is non-linear and intertemporal (it means that past institutional factors influence present day outcomes). The results are consistent with what is discussed in the literature on LGBTI legal recognition in the context of comparative political science. [ABSTRACT FROM AUTHOR]

The article examines the treatment of de facto parents within the Restatement of Children and the Law, focusing on language choice, legal recognition, and the doctrinal implications of de facto parenthood. It discusses the importance of terminology in distinguishing de facto parents from third parties and explores the Restatement's approach to recognizing de facto parents as legal parents.

Many believe the existence of a moral right to some good should lead to recognition of a corresponding legal right to that good. If, for instance, there is a moral right to healthcare, it is natural to believe countries should recognize a legal right to healthcare. This article demonstrates that justifying legal rights to healthcare is more difficult than many assume. The existence of a moral right is insufficient to justify recognition of a corresponding justiciable constitutional right. Further conditions on when it is appropriate to recognize constitutional rights are rarely satisfied in the healthcare case. And focusing on aspirational or statutory rights presents costs for those seeking to justify legal rights on the basis of corresponding moral ones while maintaining empirical challenges for justifying constitutional rights. This suggests movement from a moral right to a corresponding legal one is far from straightforward and justifies examining alternative means of realizing moral socio‐economic rights such as the proposed moral right to healthcare. [ABSTRACT FROM AUTHOR]

Copyright of Alauddin Law Development Journal is the property of Alauddin Law Development Journal (ALDEV) 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.)

Copyright of Alauddin Law Development Journal is the property of Alauddin Law Development Journal (ALDEV) 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.)

Copyright of Alauddin Law Development Journal is the property of Alauddin Law Development Journal (ALDEV) 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.)

This study aims at analyzing how fundamental rights and individual freedom interfere with privacy issues for transgender people. The main purpose is to identify the legal and social challenges faced by this community in the process of legal recognition of gender identity. To achieve these objectives, the research uses a mixed methodology, which combines comparative legal analysis of legislation from different jurisdictions with relevant jurisprudence and public policy, highlighting exemplary practices and legislative gaps. The results of the study indicate the existence of a gap between the principles of human rights agreed at the international level and their implementation at the national level. Despite significant progress in some countries, many transgender individuals still face bureaucratic obstacles and discrimination when claiming their rights. Therefore, is obvious the need for legislative reform to facilitate the recognition of gender identity in a way that respects personal autonomy and privacy. The study recommends the development of policies and practices that promote social integration and respect for human rights for transgender people, emphasizing the crucial role of a rights-based approach in achieving equality and non-discrimination. [ABSTRACT FROM AUTHOR]

Despite the acceptance by African states of the principle of respect for post‑colonial borders (adopted at the Organisation of African Unity in 1964), the post-colonial period saw more than a dozen cases of separatist movements forming in Africa, seeking to create new states. In two cases, this resulted in a real change of borders – in 1993, Eritrea was created through secession from Ethiopia, and in 2011, the southern provinces of Sudan proclaimed the creation of South Sudan. Effectively, though without international legal recognition, there is Somaliland, which in 1991 proclaimed independence in the northern part of Somalia. In addition, separatist movements have occurred in the Democratic Republic of Congo (Katanga and Kasai), Nigeria (Biafra), Tanzania (Zanzibar), Cameroon (Ambazonia), Angola (Cabinda), Senegal (Casamance), Mali (Azawad). Among the causes of each of Africa’s separatisms is a confluence of local factors of a political, ethnic or economic nature. Multi-ethnicity and multiculturalism (resulting from the artificial nature of borders), low levels of socioeconomic development and dysfunctional states generate contradictions, leading to disturbances in the stability of individual countries, and their manifestation sometimes becomes the aspirations of certain social groups to achieve – in the absence of states effectively performing their functions – political independence. [ABSTRACT FROM AUTHOR]

Objectives: Test the effects of a recent police stop and a recent police stop at gunpoint on changes in attitudes towards the police among residents of Brazil's biggest city. Methods: A three-wave longitudinal survey of São Paulo residents (2015–2019) measured people's beliefs about police legitimacy, expectations of police procedural fairness, effectiveness, and overpolicing, whether they were recently stopped by the police, and whether officers had pointed a gun at them during that stop. A novel causal estimand focused on the effect of change in treatment status is estimated using matching methods for panel data combined with difference-in-differences. Results: While estimates are too imprecise to suggest an effect of a recent police stop on attitudinal change, recent police stops at gunpoint decrease public expectations of procedural fairness, increase expectations of overpolicing, and harm public beliefs of police legitimacy. Conclusions: Under a credible conditional parallel trends assumption, this study provides causal evidence on the relationship between aggressive policing practices and legal attitudes, with implications to public recognition of legal authority in a major Global South city. [ABSTRACT FROM AUTHOR]

Based on the latest developments in ecological law in Latin America, including the recognition of the rights of nature, this article examines emerging climate-related cases that, challenging Western anthropocentric legal paradigms, address the climate crisis from an ecocentric perspective to protect both human and nature rights. Through novel arguments based on ecological law counter-narratives and a rights of nature perspective, these cases are giving way to the emergence of a new typology of climate litigation in which the intrinsic value and interests of all life forms and the legal status of nature are recognized. First, this article analyses the experience and current trends in the emerging field of ecological law in the region, including ecological and intergenerational dimensions of human rights and the legal and jurisprudential recognition of the rights of nature. Second, it reviews and compares some of the most relevant climate-related cases as well as recent, less known—some still pending—claims that incorporate an ecocentric approach, combining the protection of the rights of present and future generations and the rights of nature or exploring other arguments in the field of ecological law. These cases have the potential to contribute to the development of climate litigation with an ecocentric profile. Attention is given to the main arguments, characteristics, strengths, and shortcomings of these cases, as well as to potential barriers to the development of an ecocentric angle to climate litigation and the implementation of judicial decisions. [ABSTRACT FROM AUTHOR]

Indonesia’s relationship with Papua, its poorest and easternmost region, is still colored by racism. Despite 20 years of special autonomy law (OTSUS) and efforts to improve relations and the status of indigenous Papuans, a shocking incident of large-scale racism in Surabaya in 2019 brought back memories of anti-Papuan discrimination, which OTSUS has failed to solve. The incident triggered horizontal conflict sharpened by an identity contest between Papuans and non-Papuans, reverberating to the present day. Why do Papuans still face conflict after two decades of OTSUS? This paper argues that OTSUS, originally designed to provide legal and cultural recognition to Papuans and their rights within the state, paradoxically failed to guarantee Papuan recognition. This lack of recognition supports increasing calls for independence among Papuan activists and other proindependence organizations. Hence, this situation complicates efforts to reduce violence undertaken not only by state security personnel but also by members of the Free Papua Movement. [ABSTRACT FROM AUTHOR]

Sexual violence is a phenomenon that has had different legal treatments that attempt to adapt and provide greater legal protection, especially to women. The figure of sexual torture, which was intended for the scope of international law in armed conflicts, has been taken up from the field of inter-American justice as an option of recognition in the face of the diversification and intensification of violence against women in formally non-war contexts. This study shows the importance of legal recognition of protection against sexual torture, in this text analyzed from the testimony of women victims of sexual torture in Atenco. [ABSTRACT FROM AUTHOR]

Copyright of Religación: Revista de Ciencias Sociales y Humanidades is the property of Religacion: Revista de Ciencias Sociales y Humanidades 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.)

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.)

Countries in the Middle East and North Africa lack any legislative framework to allow legal gender recognition (LGR) for their transgender populations. This legislative vacuum has forced transgender people who wish to receive LGR to undergo a lengthy, costly, and complicated judicial review process. This research explores the legal landscape surrounding gender reassignment surgery within the United Arab Emirates (UAE) and investigates the rights and responsibilities of individuals seeking such procedures. The study came to clarify the legal aspect of the sex change operation and to distinguish it from others that are like it, such as the sex correction operation, and to indicate whether there is any criminal liability on the patient or the doctor for this act by legislation. The findings from this study aim to inform legal practitioners, policymakers, and advocacy groups, fostering a more inclusive legal environment that respects the diverse gender identities of individuals within the UAE. [ABSTRACT FROM AUTHOR]

The third gender, popularly known as ‘hijra’, is a gender non-conforming person residing in Bangladesh. The government of Bangladesh granted legal recognition (LR) in 2013 to acknowledge them as a third gender. Thus, using an exploratory qualitative inquiry, the study sought to understand how LR affected the lives of the third gender community in the Khulna district of Bangladesh. Thirteen participants were selected following snowball sampling, and data were collected using in-depth interviews and key informant interviews. In the domain of socio-cultural dynamics, we found that the LR had enhanced the social participation of the third gender community and given them a sense of identity. On the contrary, within the domain of economic lives, the LR has not been able to change their economic situation. Moreover, in the third domain, we observed an improved situation for the third gender population in their right to vote and political participation, but in accessing healthcare facilities, inheritance, and legal services, LR remained unsatisfactory. The study recommends promoting acceptance and reducing social stigma towards the third gender community through awareness campaigns, providing professional training programs to enable their financial independence, and enacting laws to protect their rights in Bangladesh.

The Great Mosque of Tlemcen is a unique case, as it is one of the few mosques dating back to the Almoravid period that is almost intact. It has evolved in a constantly changing space and now has a conjoined public square, following an occidental configuration, which is quite rare. The size of this square suggests that it could be put to use as an additional vector for the valorisation of the mosque, but the current situation is different. This added space, introduced by occidental culture, creates a dual architectural language with several other buildings that mark all the layers of evolution in the urban fabric. Apart from its religious function, this mosque used to play the role of a covered public square, a role that has eroded over time. The aim of this research is to analyse the relationship between the building and its surroundings, as well as the population's perception of this relationship. Additionally, the research is intended to highlight changes in the perception of the Great Mosque of Tlemcen's public square over time, depending on historical, political, and social contexts. This research relies on an approach that combines different methods, including a thorough analysis of historical, cartographic, and legislative documents. Through this approach, we were able to conduct a comparative analysis with other similar cases. Finally, field research allowed us to understand the relationship between space and society. Despite the legal recognition of the surroundings as a historical monument, this status is not widely perceived and integrated into the population's sense of heritage space. This is reflected in private and even public actions, despite the instrumentalisation of this heritage status, with appropriations of protected space that occur outside of regulations and become part of the landscape expression of the building in its environment. [ABSTRACT FROM AUTHOR]