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Copyright of Majalat Monazaat Al-Aamal is the property of Majalat Monazaat Al-Aamal 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 article examines the problematic aspects of limiting the right to education as a means of countering threats to public health. It has been established that the child's realization of the right to education is directly related to the child's availability of a number of preventive vaccinations, without which such a child may legally be prevented from attending school or another educational institution. The state of normative legal regulation of the right to education, relations in the sphere of population protection from infectious diseases, ECtHR judgments in the case «Solomakhin v. Ukraine», in the case «Vavrzhichka et al. v. Czech Republic» and domestic judicial practice are analyzed. The main arguments of the legal nature of vaccination antagonists have been identified, which boil down to the fact that vaccination is an arbitrary intervention of the state in a person's private life, limits the state-guaranteed right to education and leads to discrimination on certain grounds and leads to the disclosure of medical information. The content of the concept of interference with the right to respect for private life is revealed and it is clarified that such interference is justified if it was legal, pursued a legitimate goal and was necessary in a democratic society. It is substantiated that the life, health and safety of a person is the highest social value in Ukraine, the content of the idea of a balance between individual rights and public interests is revealed. It was established that in cases where individual interests may negatively affect the health and safety of society, the state may take measures to limit such individual rights. The meaning of the concept of medical secrecy is disclosed, according to which medical secrecy includes information that includes data on a person's application to a medical institution, his health status, diagnoses, results of examinations and treatment, as well as personal information about family and intimate life, health I have relatives and friends, and it was found out that there is no such secret in the vaccination certificate. It was found that the availability of vaccinations is a prerequisite for access to education in educational institutions, and preventing unvaccinated children from attending educational institutions is not a violation of the right to education, but a limitation of the ability to choose any form of education. [ABSTRACT FROM AUTHOR]

One of the most challenging issues in the legal and political systems of countries is to consider a mechanism that can create a reasonable balance between protecting the interests of society on the one hand and respecting the private life of citizens on the other. Article 8 of the European Convention on Human Rights addresses this issue. In paragraph one of this article, the Contracting States are obliged to respect the private life of their citizens and in Paragraph two, while prescribing the interference of governments in the private life of citizens in certain circumstances, enumerates the requirements for this. The present study addresses the question of what is the meaning of private life in Article 8 of the European Convention on Human Rights and what are the requirements set forth in paragraph 2 of Article 8 of the Convention which allows governments to interfere in the private life of citizens? The study conducted in this article showed that private life is a broad and dynamic concept according to the European Convention on Human Rights, which encompasses various dimensions and is updated in accordance with cultural and social changes. The interference of the Contracting States in the private life of its citizens shall be permitted only if it is lawful, pursues a legitimate aim and is deemed necessary in the eyes of a democratic society. [ABSTRACT FROM AUTHOR]

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd 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.)

Yakup Kadri's novel Ankara is a work that has attracted the attention of the literary public with its subject, thesis, fiction and characters. In this novel, Yakup Kadri deals with the three periods of Ankara, the capital of the newly established state. The first of these is the ordeal times of the National Struggle; the second is the founding days of the Republic; The third is the years 1923-1943, which is also called the early Republican period. Although Ankara is a city utopia, events, facts, places and people are viewed through the eyes of Selma, the protagonist of the novel. It can be said that the author, while describing three different periods of the capital, also tells the three phases of Selma’s life. The life of Selma and the history of the newly established state coincide to a large extent. Indeed, the three men who entered the life of Selma are introduced and told through three different time periods. Selma is married to Ahmet Nazif, Hakkı and Neşet Sabit respectively in three parts of the novel. Each male character is fictionalized to include the dominant features of the period. This article, whose field of study is Yakup Kadri's Ankara, focuses on Selma's private life; it centers on her inner world, her relationships with her spouses, her pleasures and worries. As will be seen more clearly in the future, it is possible to observe the effects, traces and of course the results of everything experienced in Turkey, especially in Ankara, and the change seen in almost every aspect of life between 1919-1943 in the private life of Selma. The 'living' witness of the years of the National Struggle, the proclamation of the Republic and the first twenty years of the new state, the personality of the forty-five-year-old woman, her emotional relationships, human relations, desires and doubts allow us to get to know Selma better as an individual and at the same time. It also reveals the nature of social change. [ABSTRACT FROM AUTHOR]

Copyright of Sakarya University Journal of Law Faculty (SHD) is the property of Sakarya University Journal of Law Faculty (SHD) 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 Antalya Bilim University Law Review is the property of Antalya International University 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 right to image is considered one of the most important personal rights related to the person, simply because the image does recognise its owner from his or her peers, thus constituting a vital element of one's private life. Accordingly, legal protection of the right to image is highly required on both civil and criminal levels. There is no doubt that such a requirement can be attributed to the notable developments in the field of information technology, and what has been produced by digital devices and misused by people has led to the rapid spread of images in the virtual space, where any individuals have become subject to the violation of their private life. Based on this, the legal provisions of both Emirati and French legislators have adopted legal provisions that would ensure full and substantive criminal protection of the right to image, confirming the criminalisation of all forms of assault on this right, in addition to defining the controls and penalties that shall be applied against these attacks. Methods: To thoroughly tackle our research issue and its consequences, we will employ a descriptive, analytical, and comparative method. This approach is structured to meticulously explore every aspect of the research subject, albeit succinctly, and integrate jurisprudential principles with current judicial precedents. Results and Conclusions: The current research results show that comparative legislation lacks a precise definition concerning the violation of the right to image, thus leaving its interpretation to be determined by jurisprudence and the judiciary. In Emirati and French legal frameworks, this offence is not explicitly delineated but is rather encompassed within regulations safeguarding private life. The right to image is not absolute, with exceptions permitting capturing photographs for public interest. Protection of images is deemed essential within the context of private life rights. While UAE legislation mandates the use of devices for such violations, French law offers flexibility, allowing for various means of perpetration. Both legal systems stipulate that the act must occur in a private, unauthorised context and prohibit alterations to photographs without consent. Unlike UAE law, French legislation imposes penalties for the dissemination of sexually explicit images. Finally, the infringement upon the right to image is categorised as an intentional offence in both legal systems. [ABSTRACT FROM AUTHOR]

In this study, the author aims to answer a question often encountered in judicial practice, namely whether the schedule of personal relations between the minor and the non-resident parent or other person can be restricted for the protection of the private life of the resident parent. In this approach, it starts from the presentation of the notions of „family life" and „private life" and a definition of the „right to personal relationships" is proposed. The exposure of a situation from judicial practice on two levels of analysis is likely to reflect the author's argued conclusion, namely that the restriction brought to the private life of the parent with whom the child lives does not constitute a reason for limiting the minor's right to be visited by the other parent or by other people with whom he has developed attachment relationships. [ABSTRACT FROM AUTHOR]

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.

The present action comes as a result of some recent legislative changes, at the level of Romania, more precisely the criminalization of "revenge pornography", but not as a distinct act, according to the provisions of the Criminal Code, but as a variant of committing the crime of violation of private life. Taking into account the provisions of the European Convention on Human Rights on the right to private life, we want to analyse to what extent and how the national legislator of other Member States of the European Union understood to criminalize the behaviour mentioned above. Moreover, considering the criminalization of child pornography, from the European Council Convention on Computer Crime, as well as from the Directive 2011/92/EU of the European Parliament and of the Council of December 13, 2011, we want to analyse the opportunity of the existence in Romanian legislation of a distinct criminalization, with the name of "revenge pornography", in the same title of the special part of the Criminal Code as the crime of child pornography, taking into account the protected social value, while observing whether such an orientation is found in the criminal legislation of other Member States. Another aspect that will be considered from the perspective of applying the law to different cases brought to justice is that related to international judicial cooperation when the object of criminal protection is private life.

Copyright of Revista Româna de Dreptul Muncii is the property of Wolters Kluwer Romania 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 present action comes as a result of some recent legislative changes, at the level of Romania, more precisely the criminalization of "revenge pornography", but not as a distinct act, according to the provisions of the Criminal Code, but as a variant of committing the crime of violation of private life. Taking into account the provisions of the European Convention on Human Rights on the right to private life, we want to analyse to what extent and how the national legislator of other Member States of the European Union understood to criminalize the behaviour mentioned above. Moreover, considering the criminalization of child pornography, from the European Council Convention on Computer Crime, as well as from the Directive 2011/92/EU of the European Parliament and of the Council of December 13, 2011, we want to analyse the opportunity of the existence in Romanian legislation of a distinct criminalization, with the name of "revenge pornography", in the same title of the special part of the Criminal Code as the crime of child pornography, taking into account the protected social value, while observing whether such an orientation is found in the criminal legislation of other Member States. Another aspect that will be considered from the perspective of applying the law to different cases brought to justice is that related to international judicial cooperation when the object of criminal protection is private life. [ABSTRACT FROM AUTHOR]

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]

The article investigates domestic and supranational responses towards new forms of parenthood in the light of the child's best interest. Examining the case law of the European Court of Human Rights and the Italian Courts on artificial reproductive technologies and surrogacy agreements, this article contends that the European Court of Human Rights did not abandon the ideal type of families based on biological bonds despite efforts to ensure the paramount relevance of children's rights. Interlacing the Italian case and the European Court of Human Rights' judgments against Italy, this article argues that persists a long way before the full recognition of forms of parenthood lacking genetic links, despite the willingness to safeguard the legal status of the child. [ABSTRACT FROM AUTHOR]

For the court to grant a parental order recognising intended parents as legal parents of a surrogate-born child, the gametes of at least one of the intended parents must have been used to create the embryo, under section 54(1)(b) and section 54A(1)(b) Human Fertilisation and Embryology Act 2008. In the Law Commission and Scottish Law Commission's consultation paper, there was a provisional proposal to remove the genetic link requirement in cases of medical necessity. However, this proposal was not included in the Law Commissions' Final Report, instead recommending the retention of the requirement for a genetic link in almost all circumstances. This article contends that the Law Commissions' recommendation should be reconsidered in light of the child's right to identity. By reviewing how identity has been used by the courts when determining whether to grant a parental order, as well as a developing interpretation of Article 8 of the United Nations Convention on the Rights of the Child and European Convention on Human Rights, it can be asserted that the identity of surrogate-born children necessitates recognition of the relationship between the child and intended parent(s), irrespective of a genetic link. On this basis, it is argued that there should be the possibility for intended parents to establish legal parenthood following surrogacy without the requirement for a genetic link. [ABSTRACT FROM AUTHOR]

Families belonging to the Hungarian middle class often had their daughters enrolled at the teacher training colleges, because these provided them adequate education as mothers, and if needed, they could even get jobs. The discussion about the right of teachers to private life, that is, to marriage and family, and if these were realized, about the suitability for teaching, developed in the last decades of the 19th century further continued in the first decades of the 20th century. The focus of the research in this case not only is the change in the count rate of teachers on the field, but also the evolution of their marital status. [ABSTRACT FROM AUTHOR]

The Constitutional Court of Romania (CCR) holds an essential position in guaranteeing the observance of human rights within the country’s constitutional and legal framework. Through its attribution to interpret and verify the compliance of laws with the Constitution, the CCR has built a vast and particularly significant caselaw regarding the individual’s fundamental rights. By studying the Constitutional Court of Romania’s judicial practice in the field of human rights, we can examine how fundamental rights are interpreted and implemented in the national legal system. In this regard, the CCR plays a vital role in ensuring the protection and promotion of these rights by interpreting the Constitution and applicable legislation in accordance with international standards. It is important to highlight that the CCR’s human rights caselaw reflects the constant attempt to ensure a balance between the individual’s and society’s interests, protecting fundamental rights in accordance with the principles of the rule of law and international standards in the field. Through the analysis of concrete cases and constitutional interpretation, the CCR strengthens its essential role in human rights promotion and defense in Romania.

This article argues in favour of the recognition of biometric harm, which is a specific type of harm arising from the use of biometrics to identify and classify people without a valid legal justification. The importance and pervasiveness of biometric technologies have increased. The development of biometric systems is rapidly advancing; however, their potential negative implications for individuals and society are routinely dismissed or willingly ignored. Biometrics deeply affects some of the basic needs of humans, including the need to step out of one’s social identities to enjoy unobserved time and the need to self-represent oneself in all social relationships. Such necessities are preserved by the legal system via high-ranked provisions that protect personhood, dignity, the right to private life and the right to express one’s personality. Because of these negative effects on core human necessities and legal values, this paper submits that biometric identification should be considered harmful, unless justified by another equally fundamental legal value. In line with other restrictions of the involved fundamental values, necessity and law enforcement purposes may justify biometric identification. Conversely, it is submitted that consent, while essential, does not fulfil the requirements of a stand-alone justification for biometric harm.

Copyright of Studia Universitatis Babes-Bolyai, Philosophia is the property of Babes-Bolyai University, Cluj-Napoca, Romania 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 paper explores the right to privacy as a human right and its contemporary challenges in the digital age. It discusses the definition of privacy, its recognition in international human rights documents, and the wording of the right to privacy in the European Convention on Human Rights (ECHR). The article highlights the increasing difficulty of protecting privacy in the digital age and the potential threats posed by modern technologies. It also examines the balance between the right to privacy and freedom of expression, particularly on the internet, citing relevant case law from the European Court of Human Rights (ECtHR). Furthermore, the article discusses mass surveillance and the protection of personal data as a component of the right to privacy. It emphasizes the importance of effectively enforcing the right to privacy to protect individuals and societies. [ABSTRACT FROM AUTHOR]

This article argues in favour of the recognition of biometric harm, which is a specific type of harm arising from the use of biometrics to identify and classify people without a valid legal justification. The importance and pervasiveness of biometric technologies have increased. The development of biometric systems is rapidly advancing; however, their potential negative implications for individuals and society are routinely dismissed or willingly ignored. Biometrics deeply affects some of the basic needs of humans, including the need to step out of one’s social identities to enjoy unobserved time and the need to self-represent oneself in all social relationships. Such necessities are preserved by the legal system via high-ranked provisions that protect personhood, dignity, the right to private life and the right to express one’s personality. Because of these negative effects on core human necessities and legal values, this paper submits that biometric identification should be considered harmful, unless justified by another equally fundamental legal value. In line with other restrictions of the involved fundamental values, necessity and law enforcement purposes may justify biometric identification. Conversely, it is submitted that consent, while essential, does not fulfil the requirements of a stand-alone justification for biometric harm. [ABSTRACT FROM AUTHOR]

The police officer occupation is a high-risk profession, with significantly more traumatic and stressful events than other occupations. Key factors for the health of police officers have been found to be related to intra-interpersonal, occupational, and organizational factors. However, the mechanisms underlying why is inconclusive. This protocol therefore intends to explain the approach for conducting both a scoping review, and systematic review. The overall aim of the reviews is to investigate patrolling police officers' life contexts with the intention to identify barriers and resources that affect their lifestyle and health. The protocol is reported according to the PRISMA-P guidelines, with PROSPERO number: CRD42020190583. Searches will be carried out in SCOPUS, Web of Science, PubMed, OpenGrey, and EBSCO (Academic Search Premiere, APA PsychINFO, CINAHL, SocINDEX). Two independent raters will screen articles and conduct the critical appraisal. Analyses include Arksey and O'Malley's methodology for the scoping review, and a narrative synthesis for the systematic review, including critically appraising the total body of evidence in the systematic review. The purpose of the reviews is to understand patrolling police officers' life contexts, and support future development of an assessment that measures patrolling police officers' life balance from a contextual viewpoint. [ABSTRACT FROM AUTHOR]

Governments introduced protective public health measures, including lockdowns and social distancing, in response to the unprecedented global crisis brought about by the COVID-19 pandemic. For young people, such measures are particularly painful, as they entail an interruption of their transitions to adulthood, which generally require taking up their position in the public space and emerging as a recognised social peer, either through leaving the parental home, initiating an intimate relationship or getting a full-time job. In Portugal, where such transitions are often postponed, and young people cohabit with parents for much longer, lockdown meant withdrawal from the public space and living in an intensive family collective. This brought many challenges and created tension. Based on the results of a non-representative online survey on the impacts of the pandemic in Portugal, this article focuses how young people aged 16–24 adapted to the 2020 lockdown, using the conceptual lens of familialism. The results show that familialism remains a key support system in adversity, evidencing intergenerational solidarity through everyday practices of resilience and (self-) care, renewing and remaking social bonds. Individual distancing practices are deployed backstage, however, mitigating and nuancing the overwhelming hold of familialism. [ABSTRACT FROM AUTHOR]

The interest in studying the protection of personal data in the criminal trial is developing and will continue as no references have been made or studied over the years except for the protection of personal data in general, not also in the criminal trial, and the emergence of the new legislative framework of the EU, by adopting EU Regulation No 679/2016 and EU Directive No 680/2016, requires new changes to be made and created in the field of criminal trial, in order to fully ensure the protection of personal data of the parties. EU Regulation 679/2016 on data protection, which has been applied in Romania since 25 May 2018, provides an updated legal framework, based on the responsibility for data protection. It aims to create a unified framework for the protection of personal data of the EU citizens, granting them more rights and control facilities than they previously had over their own data and, therefore, more obligations and responsibilities for the organizations that manage the data. There are mainly two aspects of the regulation: the protection of the rights of the persons concerned and the confidentiality of their data. Both aspects have technological implications. In order to cope with the complexity of the types of threats regarding information security and because information security is permanent, an information security management system must be established, implemented and maintained, focusing on the three concepts of information: security/privacy, integrity and availability. EU Regulation 679/2016 is a big step forward in personal data protection legislation. By replacing Directive 95/46/CE, a uniform legislative framework was ensured throughout the EU and beyond, considered less vulnerable to the interpretations of the member states. It brings clear benefits by emphasizing the importance of maintaining limited access to personal data, as well as the importance of personal data in preserving personal integrity and fundamental freedoms. Personal data, although it has and had a fabulous economic potential, could be exploited too easily, which is why the EU wanted to prevent possible abuses by establishing a more restrictive legislative framework. Many data processors have had to revise their consent collection policies and thus the users have had more control over their personal data. Thus it was created the possibility, on the one hand, for citizens to check the way personal data is collected and used, and, on the other hand, for the authorities to control and prevent their use (we consider them of defence for the proper functioning within the criminal prosecution activities). While EU Regulation 679/2016 replaces Directive No 46/1995/CE, the data processing in the segment of crime prevention, criminal prosecution and execution of criminal sanctions is included in Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA, in force since May 2016, which has as its regulatory object the protection of natural persons regarding the processing of personal data by the competent authorities for the purpose of preventing, detecting, investigating or prosecuting offences or of executing the penalties and regarding the free circulation of this data. In this sense, special attention must be paid to the connection of the provisions of the Criminal Procedure Code with the new legislative framework, Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA and the General Regulation 2016/679 EU of the European Parliament and of the Council regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation), as they have brought improvements with regard to the regulatory norms and within the application of criminal procedure. The Criminal Procedure Codes, from Romania and the Republic of Moldova, do not expressly provide for the application of the protection of personal data of the parties in the trial, there being shortcomings that can be taken advantage of. In this sense, appropriate technical and organizational measures for the implementation of data protection principles must be implemented, at the same time with the application of the criminal procedure. The application of criminal procedures must also be designed and built taking into account the principles of the regulations in force on the protection of personal data and must provide guarantees for data protection (for example, pseudonymization or anonymization where appropriate), but also to use the highest possible privacy settings by default. We believe that the existence of personal data protection legislation, EU Regulation 679/2016 and EU Directive 680/2016, without clear application rules in the field of criminal procedure, which must fully ensure the protection of the personal data of parties, is not a sufficient one and, therefore, does not correspond to the expectations of a democratic society, which is why this presentation will be a presentation on the identification and implementation of some procedural guarantees for the protection of personal data in the evidentiary procedures for which the rules of criminal procedure admit interferences in the private life. Objectives: - arguing the need to study the identification and implementation of some procedural guarantees for the protection of personal data within the evidentiary procedures for which the rules of criminal procedure admit intrusions into private life; - the analysis of the rules provided by the Criminal Procedure Code of Romania and the Criminal Procedure Code of the Republic of Moldova regarding the study in question; - the identification of the circumstances of violations within the evidentiary procedures of the personal data of the parties, with examples also from the case law. The research results and the theoretical and practical implications of the study. It represents an attempt to analyze the positive and critical aspects, the formulation of the own ideas regarding the identification of some procedural guarantees for the protection of personal data within the evidentiary procedures for which the rules of criminal procedure admit interferences in the private life. On the other hand, practical aspects of the ECHR case law related to violations of the protection of personal data in the criminal trial of the parties were addressed, in order to emphasize its particularities in practice to the legal bodies. The study carried out in this way allows to establish the directions and trends of the procedural-criminal policy promoted in Romania and the Republic of Moldova on the line of ensuring and realizing the right to the protection of personal data within the evidentiary procedures. The theoretical, normative and empirical material was used in the elaboration of this article. Likewise, the research of the respective subject is possible by applying several methods of scientific investigation specific to the theory: the logical method, the method of comparative analysis, the analytical method, the method of sociological research etc. The examination and analysis of the normative framework in the Republic of Moldova and Romania is aimed at the compliance and the implementation of some procedural guarantees for the protection of personal data within the evidentiary procedures for which the norms of criminal procedure allow interferences in the private life. [ABSTRACT FROM AUTHOR]

In the case Csata v. Romania, the issue of legal recognition of gender identity was analysed, taking into account the provisions of Articles 8 and 14 of the European Convention on Human Rights. The Strasbourg Court examined whether the Romanian state had fulfilled its obligations regarding the principles of non-discrimination and the right to private life. After unsuccessful friendly settlement negotiations, and a unilateral declaration from the state admitting the breach of rights, the Court noted that any such declaration should provide for measures to address a substantive issue under the Convention Thus, the extent to which the contracting party respected the balance between the general interest and the individual interests of the applicant was evaluated.

The right to respect for private life and the right to freedom of expression deserve equal protection. Private life is a wide notion, and it includes aspects related to personal data and reputation. Limitations to both rights are permissible, provided that a number of conditions are fulfilled. When these two rights come together in a specific case, the national authorities, and especially the domestic courts, must conduct a careful balancing exercise between these competing rights. In some situations, the State authorities may also have a positive obligation to take concrete measures, of legislative, administrative or judicial character, to protect one of these rights and to achieve the proper balance between them. [ABSTRACT FROM AUTHOR]

Drawing on Modernist Studies, Critical Theory and the work of Bruno Latour, the aim of my paper is to explore how Romanian modernist literature from the late 19th century to the first three decades of the 20th century engages with, participates in, and contributes to a culture of modernity. I will investigate the way in which Romanian modernist literature negotiates the relationship that the modern society constructs between the public and private dimensions of life, starting from two important sociocultural and economic phenomena: (1) the intensification of migration, and (2) the development of cultural tourism. In the first part of the article, I will provide an operational definition of the concept of modernity starting from Hartmut Rosa and Bruno Latour's work and discuss its intertwining with literary modernism. In the second part, I will delve into the way that the Romanian modernist characters, both male and female, migrate from one place to another in pursuit of employment opportunities and a better life. In the third part, I will explore the modern context of travelling the world, and the idea of youth culture from both historical and sociological perspectives. This section sets the stage for the final part of the article, in which I will focus on what I consider to be the first modern female cosmopolitan in Romanian literature and I will explore the aspects of modernity that the cosmopolitan novel sheds light on and constructs. The literary modernism discussed in this article spans from the late 19th century, exemplified by Vasile Alecsandri's novel Dridri1 (1871), to novels from the second and third decades of the 20th century, including Codin2 (1926), În lumea Mediteranei3 (1934) by Panait Istrati, and Femei4 (1934) by Mihail Sebastian. [ABSTRACT FROM AUTHOR]

Depending on the nature of the violation, infringements of a person's right to privacy can lead to both ethical and legal liability. In terms of legal liability, they can be analysed in the context of civil, criminal and administrative law. Liability for the unlawful collection of information about a person's private life is briefly provided for in Article 167 of the Criminal Code of the Republic of Lithuania (hereinafter referred to as the "CCL"), but the legislator does not clarify the criteria on the basis of which the collection of information about a person's private life is unlawful, thus leaving it open to interpretation by the courts. In practice, parallel to civil divorce proceedings, criminal proceedings are initiated, where the collection of information by the spouses as participants in the proceedings is assessed. There is a need to assess the constitutional principle of the inviolability of a spouse's private life in the context of the collection of information (about each other) and to declare this process lawful or not. The focus is on the purposes of the data collection. When assessing the case law and linking the collection of information about a person's private life to the purpose of data collection for the purpose of exercising the right of private persons to provide evidence in proceedings for legitimate purposes within the meaning of Article 167 of the CCL, the acts do not always constitute a crime. This situation focuses the need for a deeper analysis of the liability for the unlawful collection of information, with an emphasis on the regulation of the private life of the spouse and its application. [ABSTRACT FROM AUTHOR]

Copyright of Lex Humana is the property of Lex Humana 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.)

As of September 2023, consensual same-sex sexual acts between adults (for both men and women) in private were criminalised in a total of 67 United Nations (UN) member States. Most of these States were in Africa, a continent of more than 1.4 billion people, where more than 30 out of Africa Union's 55 States criminalised consensual same-sex sexual acts between adults in private. The justification advanced in favour of criminalisation is that non-heterosexual sexual acts do not conform to the moral, cultural or religious views of a section of society. In some States, consensual same-sex sexual acts between adults in private were punishable by a maximum penalty of death or long prison sentences. The African Charter on Human and Peoples' Rights (the Charter) and several protocols adopted under the Charter do not prohibit explicitly discrimination based on real or perceived sexual orientation, gender identity and sexual characteristics. Thus, sexual orientation has remained on the margins of the African regional human rights system and has also remained largely outside the consideration of the African Commission (and the African Court) on Human and Peoples' Rights, the limited jurisprudence is mainly between negative and retrogressive. This article examines the criminalisation of private, consensual same-sex relations, sexual or affective, between adult persons of the same gender or sex in Africa with particular reference to Uganda's Anti-Homosexuality Act 2023 and its impact on human rights including respect for life, privacy, human dignity, integrity, liberty and security of the person, equality and non-discrimination, health, as well as freedom of association, expression and peaceful assembly. [ABSTRACT FROM AUTHOR]

In the modern era, marked by various and increasingly complex forms of inter-personal or institutional relationship of the natural persons, in the most diverse fields, such as banking, legal, communications, social media, educational and economic, carried out through the IT communication systems, which involve the processing of some various elements of a personal nature and of other aspects related to the dynamism of private life, it is raised for discussion the identification of some optimal ways to ensure the correctness and proportionality of the way of processing all this information by the operators legally authorized in this sense or by the persons empowered by these operators for the manner of carrying out the operations, automatizated or not, that involve the use of these data. It is also under discussion whether the state has any obligation in this field, in the event of insufficiency or defectiveness of the manner of regulating the means of control and of verification concerning the correctness of the processing of these data by the persons or institutions authorized in this field. The significant challenges with regard to the structuring of a balanced normative framework, which should stimulate and contribute to the development of the modern means of communication between private persons, as well as of institutional relationship between these and the state authorities are overcome only by the difficulties inherent to the systematization of the legislation necessary and appropriate to control the flow of personal information registered, stored, processed and used by the authorized operators or by the persons mandated by them, in the field under analysis. In this sense, considerable and constant efforts have been made at the level of the European Union to improve the legislation related to the processing of personal data, finalized with the adoption of the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and regarding the free movement of these data, from which a series of relevant principles can be extracted to ensure an effective legal control regarding the mode of operation of this information and which constitute a good legal foundation for the development of some national normative systems, relevant and adequate for the protection of the private life of the natural persons, in terms of the processing of their data. The same regulation represents, at the same time, also the legal basis for engaging the main and direct liability of the authorized operators in the field of personal data processing, of the persons mandated by them in this field or of the authorized recipients of these data, the latter being confused usually with the assignees of such information. In the event that the state does not properly fulfil its negative obligation to refrain from any steps towards the processing, outside the legal order, of these data or does not respect its positive obligation to undertake any necessary and sufficient steps for holding accountable the guilty persons for an improper, inopportune or unreasonable use of these data, it is raised the issue whether the state, in its capacity as a generic guarantor in creating an adequate legal framework for the protection of these elements, has a subsidiary and objective liability or not in order to remove all the damages caused to natural persons injured by an unjustified or inadequate processing of their personal data, a question to which we intend to give a reasoned answer within this legal approach. [ABSTRACT FROM AUTHOR]

Michael I, the last king of Romania (July 20, 1927 - June 8, 1930; September 6, 1940 - December 30, 1946), went into exile on December 30, 1947, and Romania came under a communist regime. Consequently, until 1989, Romanian historiography uncritically portrayed the Hohenzollern Sigmaringen monarchy, which had ruled Romania between 1866 and 1947, exaggerating its defects and failures and utterly disputing any kind of merits. Furthermore, state censorship prevented interwar publications about the lives of Romanian monarchs, their written memoirs or those of politicians of that time. Following 1989, the role of the Romanian monarchy was critically reassessed, gradually attempting to provide an unbiased appraisal of this institution. Censorship was lifted, allowing access to archives and the publication of memoirs by Kings Carol I, Carol II, Michael I, Queen Marie and Prince Nicholas, and numerous Romanian political leaders responsible for the country's fate in the first half of the twentieth century. After the romantic era when these memoirs were regarded as “forbidden fruits” until 1989, apparently revealing only true events, a critical reconsideration of the monarchy’s role in Romania, particularly of the controversial King Carol II, followed. The five volumes of the major work under consideration represent the “peak” of the recent critical reassessment of King Charles II’s position and contribution to the history of Romanians and, to a limited extent, to the history of South Eastern Europe.

The article deals with the issues of balancing the interests of the individual and the state, most clearly manifested in the criminal process, by the example of the implementation of the principle of privacy, issues of private detective activity in the Republic of Kazakhstan, issues of improving legislation on professional secrets, which are the most important mechanisms designed to protect the right to privacy of citizens. The legal analysis of guarantees of observance of constitutional rights of citizens in the implementation of private detective activities in criminal proceedings is carried out. In this regard, the authors actualize the need for further improvement of legislation defining the legal regime of privacy in criminal proceedings; the implementation of private detective activities in the Republic of Kazakhstan. Also relevant are: the essence, importance and role of the measures of criminal procedural coercion applied by the state, in particular by the bodies of criminal prosecution, which amounts to ensuring state legality and law and order; the principle of inviolability of private life as the fundamental and guiding principle of the entire criminal process of the Republic of Kazakhstan. For this purpose, the work examines the norms of the legislation of the Republic of Kazakhstan, the range of homogeneous public relations regulated by them on the implementation of individual rights and freedoms in criminal proceedings, the practice of law enforcement on the issues under consideration in the Republic of Kazakhstan, on the basis of which proposals are being developed to improve legislation; theoretical and legal foundations of private detective activity as an activity related to the protection of the legitimate rights and interests of the individual of the Republic of Kazakhstan. In the study of the questions posed, a logical, formal – legal, analytical, as well as functional method is used, revealing the qualitative characteristics of the subject of research, allowing to determine the essence of the institution under study, the possibility of regulatory impact of constitutional and sectoral legislation on the state of law and order in the Republic of Kazakhstan. In the scientific analysis undertaken by the authors, the principles of complexity and consistency are consistently implemented and productively combined, which made it possible to more fully, scientifically actualize the issues of improving criminal procedural capabilities for the realization of individual rights and freedoms. As a result of the study, it was determined that the participation of a private detective in the criminal process will serve as a guarantee of the protection of the rights and legitimate interests of an individual only if the rules and procedures provided for by law for obtaining and researching information about a person's private life are observed.

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The right to respect for family and private life guaranteed by Article 8 plays a role in asylum related situations. Respect for family life involves keeping families together or facilitating family reunification or looking at family ties in the country of origin or residence. Respect for private life includes" moral and physical integrity", and personal identity particularly in age assessment cases. Art 53 ECHR engages the interface between the ECHR, EU law and relevant UN human rights instruments particularly the UNCRC. The rights of states' own nationals to return have also recently been examined by the Grand Chamber. [ABSTRACT FROM AUTHOR]

This article argues that Horace's incorporation of festivals does more than reflect his lived reality and add a Roman veneer to Greek lyric. Horace's festivals weave the poet and his life into publicly shared Roman time. His celebration of private events on public holidays mirrors the kind of penetration of public and private we see in imperial appropriation of the fasti. Just as 28 April, the start of the Floralia, gains new significance with the addition of feriae celebrating the transfer of Vesta's temple to Augustus' house, so also 1 March comes to signify both the Matronalia as well as the divine rescue of Horace the bachelor. Horace's inclusion of private festivals in his monumentum allows him to create a parallel calendar, one which perhaps competes with the imperial fasti. This exploitation of the fasti plays a key role in Horace's ability to immortalize himself and what he cared most about. [ABSTRACT FROM AUTHOR]

Objective: emergence of digital technologies such as Artificial intelligence became a challenge for states across the world. It brought many risks of the violations of human rights, including right to privacy and the dignity of the person. That is why it is highly relevant to research in this area. That is why this article aims to analyse the role played by algorithms in discriminatory cases. It focuses on how algorithms may implement biased decisions using personal data. This analysis helps assess how the Artificial Intelligence Act proposal can regulate the matter to prevent the discriminatory effects of using algorithms.Methods: the methods used were empirical and comparative analysis. Comparative analysis allowed to compare regulation of and provisions of Artificial Intelligence Act proposal. Empirical analysis allowed to analyse existing cases that demonstrate us algorithmic discrimination.Results: the study’s results show that the Artificial Intelligence Act needs to be revised because it remains on a definitional level and needs to be sufficiently empirical. Author offers the ideas of how to improve it to make more empirical.Scientific novelty: the innovation granted by this contribution concerns the multidisciplinary study between discrimination, data protection and impact on empirical reality in the sphere of algorithmic discrimination and privacy protection.Practical significance: the beneficial impact of the article is to focus on the fact that algorithms obey instructions that are given based on the data that feeds them. Lacking abductive capabilities, algorithms merely act as obedient executors of the orders. Results of the research can be used as a basis for further research in this area as well as in law-making process.

Objective: the rapid expansion of the use of telemedicine in clinical practice and the increasing use of Artificial Intelligence has raised many privacy issues and concerns among legal scholars. Due to the sensitive nature of the data involved particular attention should be paid to the legal aspects of those systems. This article aimed to explore the legal implication of the use of Artificial Intelligence in the field of telemedicine, especially when continuous learning and automated decision-making systems are involved; in fact, providing personalized medicine through continuous learning systems may represent an additional risk. Particular attention is paid to vulnerable groups, such as children, the elderly, and severely ill patients, due to both the digital divide and the difficulty of expressing free consent.Methods: comparative and formal legal methods allowed to analyze current regulation of the Artificial Intelligence and set up its correlations with the regulation on telemedicine, GDPR and others.Results: legal implications of the use of Artificial Intelligence in telemedicine, especially when continuous learning and automated decision-making systems are involved were explored; author concluded that providing personalized medicine through continuous learning systems may represent an additional risk and offered the ways to minimize it. Author also focused on the issues of informed consent of vulnerable groups (children, elderly, severely ill patients).Scientific novelty: existing risks and issues that are arising from the use of Artificial Intelligence in telemedicine with particular attention to continuous learning systems are explored.Practical significance: results achieved in this paper can be used for lawmaking process in the sphere of use of Artificial Intelligence in telemedicine and as base for future research in this area as well as contribute to limited literature on the topic.

In Beizaras and Levickas v. Lithuania case (Application No. 41288/15), the European Court of Human Rights found violations of the Convention for the Protection of Human Rights and Fundamental Freedoms as the Lithuanian law enforcement authorities had failed to start pre-investigation into allegations of homophobic hate speech directed against the applicants and the applicants thus suffered discrimination on the grounds of their sexual orientation. On 1 December 2021 the Committee of Ministers of the Council of Europe, supervising execution of the final judgment of the Court, welcomed the execution measures taken by the Lithuanian authorities and decided to continue the examination of Beizaras and Levickas case under the standard procedure instead of the enhanced one. First, this article recapitalutes the individual and general measures taken by the Lithuanian authorities seeking to execute the judgment of the European Court of Human Rights and discerns the factors which led to effective execution of the judgment. Second, the article demonstrates the positive impact of effective execution on any other similar cases pending both at the domestic level and before the ECtHR not only against Lithuania, but also against other Contracting States.

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The article is set to debate the particularities of the constituent elements of the offence of violation of private life in the form incriminated by paragraph (2) of Article 226 of the Romanian Criminal Code. The emphasis lays especially on the manner in which this form of committing the offence should be retained in relation to paragraph (1) of the Article and in respect to connotations that the protection of the private life and the need of the foreseeability of the criminal law have in the jurisprudence of the European Court of Human Rights. The article identifies what we regard as potential flaws of the text derived from opposite solutions embraced by the national courts and discusses the need for de lege ferenda proposals. [ABSTRACT FROM AUTHOR]

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Copyright of AAU Journal of Business & Law is the property of Association of Arab Universities 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.)