8,644 results on '"equal rights"'
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2. Operating during pregnancy: A needs assessment among surgical residents in Austria
- Author
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Taumberger, Nadja, Foessleitner, Philipp, Pateisky, Petra, Toth, Bettina, Bracic, Taja, and Windsperger, Karin
- Published
- 2023
- Full Text
- View/download PDF
3. The re-imagined social model: the disabling space of disabled people during the pandemic.
- Author
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Yang, Liu and Lin, Zhongxuan
- Subjects
- *
HEALTH services accessibility , *QUALITATIVE research , *INTERVIEWING , *QUESTIONNAIRES , *ATTITUDES toward disabilities , *DESCRIPTIVE statistics , *HUMAN rights , *SOCIAL skills , *COVID-19 pandemic , *PEOPLE with disabilities - Abstract
To many disabled people, the pandemic creates a reversed society to imagine the social model of disability reconstructing ideals of 'able' or 'normal' within a disabling environment. Drawing on the in-depth interviews we conducted, this study reveals how disabled people have re-imagined a reversed society created by the pandemic on three levels: the re-imagined physical space of free access, the re-imagined mental space of the abled-self, and the re-imagined social space with equal rights, which indicates expectations for barrier-free environments, affirmation of disability identity, and institutional support through various approaches. The re-imagined social model attempts to conceptualize the nature of disability, with a more complex understanding of disability and disabling environment; additionally, it reveals how the ability of society to systematically and interrelatedly excluded disabled people throughout everyday lives. Meanwhile, the scholars advocate for concrete approaches to deconstruct structural inequalities for the expectations to be practicably applied. POINTS OF INTERESTS: The authors interviewed disabled people who were isolated at home in China during the pandemic to find out how the environment impacted their daily lives. Interestingly, disabled people felt that during the pandemic, the world seemed to turn upside down, with disabled people becoming non-disabled, and non-disabled people becoming disabled. This reversed world is more friendly to disabled people as their lives are no worse or perhaps even better than those of non-disabled people. This finding confirms what the social model has suggested: that it is the social structure of the environment that creates barriers for disabled people. However, the environment created by the pandemic is only temporary; more concrete actions are needed to support the social inclusion of disabled people. [ABSTRACT FROM AUTHOR]
- Published
- 2025
- Full Text
- View/download PDF
4. L'udovít Štúr's Plebeian Ethos of Resistance in the 1840s.
- Author
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Gluchman, Vasil
- Subjects
- *
POLITICAL movements , *LEGAL status of ethnic groups , *EQUAL rights , *NATIONALISM - Abstract
The author examines Ľudovít Štúr (1815–1856), the main representative of the Slovak national movement in the 1840s, and his personal ethos in the struggle for the rights and freedom of the Slovak ethnic group. Štúr paid great attention to the development of the ethnic, social, and political awareness of Slovaks. In this effort, the Slovenskje národňje novini (Slovak National Newspaper) played an important role, through which Štúr and the representatives of the Slovak national movement shaped and spread its social and political program, the aim of which was both the fight against the national oppression of the Slovaks, but also the achievement of equal rights for the Slovak ethnic group in Hungary and the Habsburg Monarchy. [ABSTRACT FROM AUTHOR]
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- 2025
- Full Text
- View/download PDF
5. Cutting in line ahead of us: the role of group relative deprivation in shaping gatekeeping attitudes across different immigrant integration contexts in Europe.
- Author
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Uysal, Duygu Merve and Turper, Sedef
- Subjects
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SOCIAL attitudes , *STRUCTURAL equation modeling , *ATTITUDE change (Psychology) , *GOVERNMENT policy , *EQUAL rights - Abstract
Although research shows that anti-immigrant sentiments are generally lower in liberal integration policy contexts, popular backlash against immigrants become salient in many pro-immigration and inclusive integration policy contexts in Europe today. Developing a contextualized mediation model, this research suggests that feelings of deprivation vis-à-vis immigrants influence attitudes toward selective immigrant admission in Europe. From a cross-country analysis of the 2014–2015 European Social Survey through multigroup structural equation modeling, our findings reveal that sentiments of group relative deprivation translate into stronger gatekeeping attitudes throughout Europe by developing threat perceptions from immigration. Relative deprivation-driven threat perceptions influence gatekeeping attitudes more potently in countries where integration policies grant immigrants more comprehensive and equal rights, while they remain relatively dormant in countries with exclusionary integration policies. These findings contribute to our understanding of how and to what extent relative deprivation sentiments vis-à-vis immigrants shape gatekeeping attitudes while shedding light on the unintended impacts of liberal integration policies on public opinion regarding immigration. [ABSTRACT FROM AUTHOR]
- Published
- 2025
- Full Text
- View/download PDF
6. Denizenship and democratic equality.
- Author
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Bloks, Suzanne A. and Häuser, Daniel
- Subjects
POLITICAL rights ,SOCIAL status ,IMMIGRATION policy ,JUSTICE ,LEGITIMACY of governments ,EQUAL rights - Abstract
Democracy is assumed to require the equal political inclusion of denizens, as sustained political inequalities between members of society seemingly undermine the democratic ideal of equal freedom. This assumption is prominently expressed by Walzer's Principle of Political Justice, according to which democratic institutions must attribute equal political rights to denizens in order to sustain their equal protection from domination and the recognition required for free agency. This paper rejects this influential assumption. We argue that denizenship constitutes a social position in which equal freedom can be enjoyed without political inclusion on equal terms to citizens. Many denizens are citizens somewhere else, and enjoy status, rights, and protections in virtue of their external citizenship, which can protect them from domination and provide them with the recognitional basis of self-respect. The cross-border relationships between denizens and their home country, as well as between the host country and the home country, must therefore be considered when evaluating claims to political inclusion. Accepting the democratic legitimacy of the partial political inclusion of denizens allows us to focus on the most pressing political claims, such as those of refugees and stateless persons. Partial inclusion schemes can also make less restrictive immigration policies more rational and desirable for citizens. [ABSTRACT FROM AUTHOR]
- Published
- 2025
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7. Less democracy, more inequality: the effect of perceived democracy on inferred economic inequality / Menos democracia, más desigualdad: el efecto de la democracia percibida sobre la desigualdad económica inferida.
- Author
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Montoya-Lozano, Mar, Byrd Willis, Guillermo, and Rodríguez-Bailón, Rosa
- Subjects
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WEALTH inequality , *INCOME inequality , *EQUAL rights , *CIVIL rights , *EMPLOYEE participation in management - Abstract
Previous research has shown that an increased perception of economic inequality in a country was associated with a lower perception of democracy. Building on these findings, our study aimed to test this relationship in the opposite direction by experimentally manipulating the democracy level of a society and examining the effect on inferred economic inequality of it. We expected that perceiving a low democracy level within a country would lead to inferring higher levels of economic inequality. Two experimental studies were conducted (N1 = 253, N2 = 534) using a unifactorial between-groups design. Participants were randomly assigned to the high or low democracy condition. In the high-democracy condition, the country was portrayed as having free and fair elections, civil liberties, political pluralism, regulated functioning of its institutions, and equality before the law, whereas in the low-democracy condition, these characteristics were not preserved. As predicted, inferred economic inequality was higher when the country was presented as less (vs. more) democratic. In sum, exposure to a low-democratic context may increase the inference of economic inequality. [ABSTRACT FROM AUTHOR]
- Published
- 2025
- Full Text
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8. Review on the Situation of Children with Disabilities in Inclusive Education in Kosovo.
- Author
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Caka, Vjollca Belegu
- Subjects
CAREER development ,EDUCATION of children with disabilities ,SOCIAL attitudes ,RIGHT to education ,CHILDREN with disabilities - Abstract
Inclusive education for children with disabilities is a significant global concern, with the goal of ensuring equitable access to education for all. Kosovo's commitment to inclusive education is reflected in its alignment with international conventions and national legislation. The Constitution of Kosovo guarantees equal rights to all citizens, including those with disabilities. Additionally, Kosovo has ratified the CRPD, committing to ensuring that persons with disabilities have access to an inclusive, quality, and free education on an equal basis with others. Despite these legal foundations, challenges in implementation persist. Legal provisions often fail to translate into practice due to limited financial resources, inadequate infrastructure, and insufficient teacher training. The gap between policy and practice leaves many children with disabilities either segregated in special schools or marginalized within mainstream schools, without appropriate support. This paper provides an overview of the current situation regarding inclusive education in Kosovo from recent studies and reports focusing on the legal frameworks, implementation practices, and the socio-cultural barriers that impact the quality of education for children with disabilities. It examines key factors such as teacher preparedness, infrastructure accessibility, societal attitudes, and parental involvement, which contribute to either the success or failure of inclusive education. Additionally, it discusses the role of international organizations, local non-governmental organizations (NGOs), and the Kosovo government in promoting inclusive education. The analysis concludes by recommendations to overcome the identified challenges, emphasizing the need for systemic changes, professional development for educators, provision of support services and stronger collaboration between stakeholders. [ABSTRACT FROM AUTHOR]
- Published
- 2025
- Full Text
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9. Review on the Situation of Children with Disabilities in Inclusive Education in Kosovo
- Author
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Vjollca Belegu Caka
- Subjects
inclusive education ,kosovo ,children with disabilities ,equal rights ,challenges ,Social Sciences ,Economics as a science ,HB71-74 - Abstract
Inclusive education for children with disabilities is a significant global concern, with the goal of ensuring equitable access to education for all. Kosovo’s commitment to inclusive education is reflected in its alignment with international conventions and national legislation. The Constitution of Kosovo guarantees equal rights to all citizens, including those with disabilities. Additionally, Kosovo has ratified the CRPD, committing to ensuring that persons with disabilities have access to an inclusive, quality, and free education on an equal basis with others. Despite these legal foundations, challenges in implementation persist. Legal provisions often fail to translate into practice due to limited financial resources, inadequate infrastructure, and insufficient teacher training. The gap between policy and practice leaves many children with disabilities either segregated in special schools or marginalized within mainstream schools, without appropriate support. This paper provides an overview of the current situation regarding inclusive education in Kosovo from recent studies and reports focusing on the legal frameworks, implementation practices, and the socio-cultural barriers that impact the quality of education for children with disabilities. It examines key factors such as teacher preparedness, infrastructure accessibility, societal attitudes, and parental involvement, which contribute to either the success or failure of inclusive education. Additionally, it discusses the role of international organizations, local non-governmental organizations (NGOs), and the Kosovo government in promoting inclusive education. The analysis concludes by recommendations to overcome the identified challenges, emphasizing the need for systemic changes, professional development for educators, provision of support services and stronger collaboration between stakeholders.
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- 2025
- Full Text
- View/download PDF
10. ДО ПИТАННЯ НОРМАТИВНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ ГЕНДЕРНОЇ РІВНОСТІ В ТРУДОВИХ ПРАВОВІДНОСИНАХ В УКРАЇНІ
- Author
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Л. І., Гарасимків
- Subjects
SOCIAL status ,LEGAL documents ,LABOR laws ,INDUSTRIAL relations ,EQUAL rights ,GENDER inequality ,EQUALITY in the workplace ,WOMEN'S rights - Abstract
The article examines the current level of development of national legislation regarding the prohibition of discrimination in the field of labor and ensuring gender equality in labor relations. It was emphasized that the prohibition of discrimination in the field of labor and ensuring gender equality is a very important element of the development of a modern democratic country. It has been established that international legal documents ratified by Ukraine, the Constitution of Ukraine, laws and by-laws of Ukraine on the issue under consideration make up the national legislation in this area. Having analyzed them briefly, the following conclusions were drawn. Thus, the Constitution of Ukraine enshrines the impossibility of granting privileges or restrictions based on gender; The Code of Labor Laws of Ukraine mainly contains norms aimed at protecting women with the aim of giving them equal competitiveness with men in the labor market; the laws of Ukraine «On ensuring equal rights and opportunities for women and men» for the first time at the national level provided a clear definition of «gender equality», defined a mechanism for ensuring gender equality, ensuring equal rights and opportunities for women and men in the labor sphere, and provided for responsibility for violations of these norms; «On the Principles of Prevention and Counteraction of Discrimination in Ukraine» defines such concepts as «discrimination» and «positive actions» and distinguishes between these two concepts; subordinate legal acts were adopted to regulate certain issues related to ensuring gender equality, in particular, such as conducting a gender-legal examination of legislation, improving the social status of women, improving the work of central and local bodies to ensure gender equality, etc. That is, work on the introduction of the principle of gender equality into public life at the legal level by state authorities is really being carried out. At the same time, it is important not only to establish them at the legislative level, but also to put them into practice. Since today most of the norms of the current legislation are not applied, as there is no clear mechanism for their application, and as a result, the bodies that should ensure compliance with the principle of gender equality work inconsistently among themselves. And an important role in the implementation of this task, first of all, should be played by the cooperation of central and local bodies directly with the participants of public relations: employers, employees, as well as persons who are just acquiring relevant professional qualities. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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11. ТОЧНІСТЬ ТЕРМІНІВ: ЕВОЛЮЦІЯ, ШЛЯХ ДО РОЗУМІННЯ І ЗАКОНОДАВЧОГО ВТІЛЕННЯ ГЕНДЕРНОЇ РІВНОСТІ
- Author
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М., Сарнавський
- Subjects
GENDER identity ,LEGAL norms ,SEXUAL orientation ,GENDER studies ,EQUAL rights ,GENDER inequality ,SEX discrimination - Abstract
The article is devoted to the analysis of the accuracy and evolution of terminology related to gender equality, as well as the importance of the correct use of these terms in social and legislative contexts. The author examines how changes in the understanding of the concept of gender influenced the formation of new approaches to equal rights of men and women, as well as gender-neutral persons. Attention is focused on the legal aspects of establishing gender equality, the analysis of international and national legislative initiatives, as well as the problems of terminological inaccuracy, which can lead to inequality and discrimination. The article emphasizes the importance of creating a clear and comprehensive legal framework that corresponds to modern approaches to gender ident ity and equality. The challenges that arise in the process of implementing gender equality in life, such as insufficient awareness of gender issues among the population and legislators, as well as contradictions in the existing legal framework, are considered separately. Emphasis is placed on the importance of education and enlightenment in the field of gender relations, as the understanding of terms and concepts is the basis for the formation of a fairer society. In conclusion, the author offers recommendations for improving terminological accuracy in legislation and public discourse, in particular through the involvement of specialists from various fields - sociology, law, gender studies - to create a comprehensive approach to issues of gender equality. The article contributes to the formation of a deeper understanding of gender issues and emphasizes the importance of precise terms in the process of their legislative consolidation. The role of research in the field of gender issues in the formation of legislative initiatives is also considered. It is emphasized that scientific developments and research can help identify gaps in existing laws and terminology, as well as contribute to their correction. For example, the discovery of new forms of discrimination, such as gender identity and sexual orientation, requires the adaptation of legal norms to the realities of modern society. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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12. Preparation of dental and nursing professionals within Swedish higher education: navigating to confidence in literacies and professional knowledge.
- Author
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Christidis, Nikolaos, Tomasson, Jakob, Rataghi, Armin, and Christidis, Maria
- Subjects
CAREER development ,PROFESSIONAL education ,PROFESSIONAL practice ,NURSING education ,EQUAL rights ,DENTISTS - Abstract
Background: The professional education of dentists and nurses includes literacy, academic and professional literacy, and professional knowledge. These have a reciprocal relationship and contribute to the development of students and professionals. However, this is an area in need of further exploration. Therefore, this study aimed to investigate dentists' and nurses' experiences of academic and professional literacy and professional knowledge at the time of their graduation, and five years into their profession. Methods: The material consisted of an evaluation distributed twice to dentists and nurses. The first time was immediately after graduation (degree evaluation), and the second time was five years after graduation (alum evaluation). Approximately 30% of the dentists and the nurses responded both times. We analyzed the data using non-parametrical methods. Results: Upon graduation, the dentists scored high in academic and professional literacy and knowledge. Five years into the profession, dentists reported experiencing challenges with communication in English and tasks related to equitable treatment and equal rights. Nurses followed a similar pattern as the dentists. Still, by graduation, the newly graduated nurses expressed concerns about communication in English, and promoting sustainable development within their profession. The challenges persisted five years into their profession, particularly in areas such as communication in English and sustainable development, as well as work related to equitable treatment and equal rights. Conclusions: The level of confidence and perception of a sufficient degree of knowledge regarding academic literacy, professional literacy, and professional knowledge is higher at the time of graduation in both professions compared to five years into the profession, where there is a decrease in areas concerning work related to equitability, and equality, and for dentists also in communication in English. Furthermore, nurses had a constant low confidence rating in both evaluations concerning sustainable development and communication in English. This indicates that targeted and continuous professional development is crucial to address these challenges and to bridge the gap between the knowledge and confidence levels at graduation and the evolving demands of professional practice over time. Thus, when reconstructing the overall curriculum in professional educations it is of great importance to provide tools to enhance future professional development rather than the perception of that they can rely solely on their education at graduation time. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
13. Resisting inequality: the turn towards history.
- Author
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Phillips, Anne
- Subjects
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INCOME inequality , *EQUAL rights , *WEALTH inequality , *INCOME , *POLITICAL science , *GENDER inequality , *PREJUDICES , *IMAGINATION - Abstract
The article "Resisting inequality: the turn towards history" published in the Cambridge Review of International Affairs discusses the historical perspectives on equality and inequality. It reviews four books that explore the history of ideas of equality and the key problems with inequality. The text highlights the complexities of equality, the impact of economic inequality on society, and the interconnectedness of economic, social, and status equality. The authors provide insights into how economic inequality fosters feelings of superiority and justifies disregard for others based on gender, race, or culture. The article emphasizes the importance of addressing the interconnections between economic and social inequalities to understand the complexities of hierarchy and equality. [Extracted from the article]
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- 2024
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14. The Right to Inequality: Conservative Politics and Precedent Collide.
- Author
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FEINGOLD, JONATHAN P.
- Subjects
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EQUALITY , *RACE discrimination , *EQUAL rights , *AFFIRMATIVE action programs , *EQUALITY lawsuits , *ACTIONS & defenses (Law) - Abstract
The “end of affirmative action” is the beginning of this story. In Students for Fair Admissions v. Harvard (SFFA), the Supreme Court struck a near fatal blow to race-consciousness. Many institutions have since pivoted to “race neutral alternatives.” This is a natural turn. But one that faces immediate headwinds. The same entities that demanded Harvard pursue racial diversity through colorblind means have sued public high schools for doing just that. These litigants assert a “right to inequality”—a theory that would pit the Equal Protection Clause against equality itself. Even if normatively jarring, a right to inequality might seem a natural extension of SFFA and decades of conservative caselaw hostile to remedial reform. That sentiment is understandable. But it misreads the caselaw and overlooks a striking irony. The Supreme Court’s fifty-year war on affirmative action culminated in SFFA. But the same caselaw that precipitated affirmative action’s demise fortifies the constitutional case for colorblind remedies—the precise conduct a right to inequality would preclude. To enshrine such a right, sitting conservative Justices would have to abandon their own principles and precedent. This includes longstanding disregard for theories of equality that center groups and outcomes— both of which animate the right to inequality lawsuits. This means that conservative litigants, should they prevail, would benefit from concerns long associated with progressive causes. One corresponding question is whether a right to inequality— because it attends to group-based impacts—could re-empower racial justice advocates to challenge colorblind policies that conservative Justices have long shielded from legal scrutiny. [ABSTRACT FROM AUTHOR]
- Published
- 2024
15. Political and Legal Authority in Flux: Populism and Challenges to Liberal Constitutionalism in Central-Eastern Europe.
- Author
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Czarnota, Adam
- Subjects
- *
SOCIAL scientists , *POLITICAL scientists , *POLITICAL elites , *POLITICAL participation , *EQUAL rights , *RULE of law , *CITIZENSHIP , *CITIZENSHIP education , *LAW teachers - Abstract
This article examines the political and legal authority in Central-Eastern Europe, specifically in Poland, and discusses the emergence of new elements in constitutionalism. It explores the relationship between populism and constitutionalism, highlighting the need for interdisciplinary approaches to understand these phenomena. The article argues that the growing divide between liberal political elites and citizens is undermining the stability of liberal-democratic systems, resulting in constitutional struggles. It also analyzes different interpretations of constitutionalism and assesses the impact of populism on constitutionalism in Central-Eastern Europe. Additionally, the text explores the rejection of neo-liberal concepts by populist movements and their focus on implementing broad social programs. It suggests that while populism may have the potential to correct democratic institutions, it has not yet developed a comprehensive theory of constitutionalism, and its impact on constitutionalism is still evolving. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
16. The Taliban and women's human rights in Afghanistan: the way forward.
- Author
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Qazi Zada, Sebghatullah and Qazi Zada, Mohd Ziaolhaq
- Subjects
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EQUAL rights , *HUMAN rights workers , *AFGHANS , *WOMEN'S rights , *HUMAN rights - Abstract
The recent Taliban's seizing of power in Afghanistan has raised serious concerns among women's human rights advocates within Afghanistan and abroad. The Taliban, who previously ruled Afghanistan from 1996 to 2001, are notorious for their severe abuses and gross violations of women's human rights. Their 2021 takeover has revived traumatic experiences to many who witnessed their ruthless rule in the 1990s. Afghanistan has signed multiple human rights treaties that address various aspects of women's lives, including their political participation, education, employment, health, and equality before the law, and is obligated to adhere to these treaties. The central question of this article is, what will happen to the human rights of Afghan women and girls now that the Taliban are back in power? This article aims to answer this question by examining (a) the Taliban origin and the factors that led to their rise in the 1990s and resurgence in 2021 and (b) the human rights obligations of the Taliban regime concerning women. This article argues that the Taliban's policies and practices are in direct contradiction with their obligations to uphold the human rights of women and girls in Afghanistan and concludes with practical recommendations to mitigate their suffering. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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17. A COMPARATIVE ANALYSIS IN THE CONTEXT OF LITERARY SOCIOLOGY: REFET AND JANE EYRE.
- Author
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KAYA, Senem ÜSTÜN
- Subjects
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LITERATURE & society , *SOCIOLOGY , *FEMINISM , *EQUAL rights - Abstract
Literary Sociology, which examines the relationship between literature and society, has been handled in a multifaceted way since the 1900s by providing readers new perspectives to evaluate the events in history. Feminism, for instance, has been an altering concept of literary canon and is one of the essential studies of literary sociology. Although it has been defined and evaluated in various ways, feminism refers to women’s struggle for equal rights and liberty. While the women’s movement emerged and accelerated in the Western societies at the beginning of the 19th century, it became efficiently prominent in the Turkish society and the culture after the reforms of the Tanzimat in 1839. Through a literary sociology framework, this study follows the traces of feministic improvements in the Victorian and the Tanzimat Periods: two groundbreaking periods of the British and the Turkish cultures. Written at times when feminism was discussed, Charlotte Brontë’s Jane Eyre (1847) and Fatma Aliye’s Refet (1898) represent women’s status with the new laws and regulations in the 19th century patriarchal societies. Therefore, within the scope of this study, Jane Eyre and Refet were comparatively analyzed to present a sociological interpretation of the British and Turkish cultures, regarding the women’s movements in the 19th century. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
18. Generational Identity, Values, and Sense of Belonging.
- Author
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Barsallo, Gabisel, Ortiz, Víctor, Yanis-Orobio, Rebeca, and Mendoza, Elisa
- Subjects
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NATIONAL character , *EQUAL rights , *MILLENNIALS , *EDUCATIONAL quality , *PEOPLE with disabilities , *CIVIL society - Abstract
In Panama, "Generation Y" was identified at the beginning of this millennium, which was two decades after the first reports of such a generation. However, the overall evolution caused by globalization and digital development generated changes at the collective level in society, as is to be expected. This article aims to provide a look at how Panamanians identified as Generation Y or Millennials express their national identity, values, and sense of belonging. This article presents a descriptive approach performed on the responses to a national survey of a sample of 384 people considered Millennials for the project "Panama's millennials: sense of belonging and national identity in a globalized society". The main findings show that this generation is very much in favor of equal rights between men, women, immigrants, and disabled persons; they advocate pro-social issues but show differences regarding the protection of the future. The majority of them disagree with civil society organizations, do not identify with the health system, nor do they recognize quality in the education system or state-sponsored employment-generating activities. They also highlighted imbalances in the implementation of justice and the distribution of the country's wealth. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
19. Women's Property and Inheritance Rights: Application of Laws from the Perspective of Two Major Religions in Bangladesh.
- Author
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Shuborna, Nasrin Sultana
- Subjects
- *
EQUAL rights , *PROPERTY rights , *WOMEN'S rights , *GENDER inequality , *INHERITANCE & succession , *WOMEN'S empowerment - Abstract
Since the establishment of Bangladesh in 1971, the Government has been committed to providing equal rights and opportunities for women through laws laid down in the constitution. Since independence, while many policies have been implemented to ensure women's empowerment, unfortunately, they continue to face obstacles in inheritance rights. While there are laws in place for both Hindu and Muslim families to ensure the proper distribution of property, in practice, these laws are not rigorous or sufficient to allow women to take charge of their rightful shares, thus depriving them of one pathway to financial independence. Furthermore, due to sociocultural pressures, women are also unable to demand their rights effectively. When compared to the past, Bangladesh is progressing well in terms of women's empowerment and establishing gender parity in society, but establishing and ensuring absolute ownership of property for women will help us achieve the target within a short time. The purpose of this paper will be to provide a broad survey of existing laws and discuss possible solutions to address prevailing discrimination to bring about full property rights for women in Bangladesh (although this issue affects Shia and Ahmadiyya women in Bangladesh in terms of percentage, they constitute a very small community. Therefore, they are outside the stated scope of the study). [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
20. Rethinking Sex as Biology Under Equal Protection.
- Author
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Schoenbaum, Naomi
- Subjects
EQUAL rights ,EQUALITY ,TRANSGENDER people ,TRANSGENDER rights ,BIOLOGY - Abstract
The Equal Protection Clause requires that heightened scrutiny apply to sex classifications. The standard account of the Supreme Court's sex equality jurisprudence assumes that sex is a matter of biology. Sex as biology has long served as a roadblock to sex equality, with reasoning about the body shielding sex discrimination from scrutiny by covering for stereotypes and masking the social sources of inequality. More recently, the biological understanding of sex has featured prominently in decisions rejecting claims brought by transgender plaintiffs excluded from sex-segregated spaces like athletics and bathrooms. With a circuit split in these cases, it is only a matter of time before the meaning of sex under equal protection reaches the Court. Transgender rights -- and sex equality itself -- hang in the balance. This Article shows that the standard account of sex as biology is wrong. It reveals how the role of biology in the Supreme Court's sex equality jurisprudence has been far more contested, partial, and, ultimately, fleeting than the standard account acknowledges. The key decision at the doctrine's inception explained why heightened scrutiny should apply to sex classifications without referencing biology and by relying on factors -- immutability, visibility, history of discrimination, and political power -- that do not rest on any biological aspect of sex. Subsequent cases that have been viewed as the height of biological reasoning were never controlling on this question. Biology has only served as the basis for the Court's holding one lone time, with the support of a bare majority, and in a decision that is now seriously in doubt. With sex no longer bound to the body, this Article recovers an alternative conception of sex running through the jurisprudence: sex as a social class. This idea recognizes that sex, like race, is a product of social forces. On this view, sex discrimination can no longer seek refuge in the body, and would instead face exacting scrutiny for a legitimate justification related to the social function that sex serves. The social conception of sex not only avoids the harms of sex as biology, but can unite transgender and cisgender women as a class for equal protection purposes (so too transgender and cisgender men), showing a way forward in highly contested transgender rights cases. This new account of sex equality law provides the tools to achieve the Constitution's promise for a more equal world for transgender persons -- and for us all. [ABSTRACT FROM AUTHOR]
- Published
- 2024
21. MEŞRUTİYET RUSYASINDA VEYSİYE HAREKETİ.
- Author
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ALP, ALPER
- Subjects
TATARS ,EQUAL rights ,RUSSIAN Revolution, 1905-1907 ,MUSLIMS ,APATHY - Abstract
Copyright of Turkish Culture & Haci Bektas Veli Research Quarterly is the property of Turkish Cultur & Haci Bektas Veli Research Quarterly and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
22. ТЕОРЕТИКО-ПРАВОВІ ЗАСАДИ ҐЕНДЕРНОЇ РІВНОСТІ У ЗАКОНОДАВСТВІ ПРО СІЛЬСЬКОГОСПОДАРСЬКУ КООПЕРАЦІЮ
- Author
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О. Г., Хріщева
- Subjects
COOPERATIVE agriculture ,GENDER inequality ,AGRICULTURAL development ,EQUAL rights ,EUROPEAN integration ,COOPERATION ,SUSTAINABLE development - Abstract
The article is dedicated to the investigation of theoretical and legal foundations of gender equality in legislation on agricultural cooperation. Gender equality is one of the sustainable development goals. In today's conditions in agriculture, which is one of the leading spheres of the Ukrainian economy, including the sphere of agricultural cooperation, there is a significant gender gap between women and men, women, who live in rural areas, face a number of problems and various forms of discrimination, that is unacceptable. The article considers the historical retrospective of the women's participation in cooperative movement through the prism of the ICA activities. It is determined that within the framework of European integration, the comprehensive promotion of gender equality in the cooperative sector of the economy of Ukraine should become one of the key factors of the national cooperative movement. In the article the author's periodization of the development of agricultural cooperation in independent Ukraine in the context of its legislative support, which is divided into six periods, is formed. It has been established that different periods of development of agricultural cooperation in independent Ukraine, in particular in the context of legislative support, are characterized by insufficient attention to gender equality between women and men in agricultural cooperatives. It has been concluded that the legislation of Ukraine on agricultural cooperation remains incompletely gender-oriented and gender-sensitive, since it still does not contain a separate principle of gender equality in cooperatives, agricultural cooperatives, the consolidation of which is extremely important to emphasize the significance and priority of the ensuring equal rights and opportunities for women and men in the cooperative sector of the Ukrainian economy. The article emphasizes the need to supplement legislation on agricultural cooperation with the separate principle of gender equality. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
23. Global Health and Peace: The Elusive Path with a Focus on Palestine, Ukraine, and Venezuela.
- Author
-
Alkhaldi, Mohammed, Hamdonah, Zeana, and El Khatib, Lyne
- Subjects
HOLISTIC medicine ,RIGHT to health ,HEALTH equity ,POLITICAL stability ,EQUAL rights - Abstract
The interrelationality of health and peace is complex, multifactorial, and imbued with political and economic challenges. Peace and health outcomes reflect shared fundamental values related to the achievement of a balanced holistic condition on the individual and collective level. This causal relationship between social inequity and health requires special attention be paid to the impact of political instability and structural violence on undermining health systems in conflict zones. The mutual dependency between peace and health means that peace cannot be achieved without the existence of physical, mental, social, and spiritual health, and holistic health cannot be sustained under violent conditions. The interrelationality of peace and health as mutual conditions shapes our understanding of global solidarity and advocacy in relation to health diplomacy and peace promotion if addressed equally across all conflict zones. This commentary analyzes the unique interdisciplinary contextual factors that contribute to, or undermine the realization of global health and peace in three active conflict zones: Palestine, Ukraine, and Venezuela. Contextual analysis, review of the evidence, and synthesis of the authors' perspectives were used. The health-peace nexus remains a theoretical approach and lacks real application in most settings under crisis. Peace is a multifaceted phenomenon that necessitates the participation, dedication, and action of all sectors and stakeholders in global societies, including health policymakers, scientists, professionals, and people. Both the "right to health" and the "right to peace" even at the minimum remains unfulfilled, particularly in Palestine, and can be realized through two trajectories: (1) honest, responsible, and fair accountability, transparency, and political commitment empowered by reliable global health diplomacy for maintaining peace, eliminating the roots of injustice, and protecting health systems, and (2) equitable and real implementation of peace-health approaches, policies and actions driven by monitoring mechanisms that promote health, well-being, health security and equity for all nations under conflicts. Plain Language Summary: Countries under conflict are facing multiple, (re)emerging and complex crises aggravated by increasing structural social, political, and economic pressures and inequities that mainly impact people's health and health systems. Global health and politics integration is key for promoting health through building reliable and lasting peace in these countries. The existing global health governance and diplomacy structures of peacebuilding for health are powerless, ineffective, and still polarized, thus global health actors are up for failure when it comes to addressing the root causes of the crisis and building/maintaining reliable and lasting peace in countries under conflict. Crises including political pressures, historic suffering due to coloniality, protracted conflicts, lack of firm enforcement of international laws, including diplomatic, humanitarian, and human rights laws, hypocritical standards of intervention, health inequity and injustice, and absence of impactful and unified global rights-based advocacy movements from civic, academic, labour, and professional societies, all impede the creation of peaceful societies that promote health and vice versa. Palestine, Ukraine, and Venezuela reflect diverse contexts where clear major disparities are present in terms of global solidarity and advocacy, levels and forms of interventions, global attention, magnitude of losses, and actors' willingness to promote the health-peace approach and to change realities. Continued impunity, partiality, and injustice undermine health-peace promotion and scale up local and global health disruptions, and the common challenges of suboptimal health status should be sufficiently handled based on equal rights, equity, accountability, and transparency regardless of variations in geography, ethnicity, region, political context. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
24. Der nach Vertragsarztrecht und ärztlichem Berufsrecht konforme Betrieb einer überörtlichen Berufsausübungsgemeinschaft – Endstation Gestaltungsmissbrauch? (Teil 2).
- Author
-
Hörnlein, Hendrik
- Subjects
PROFESSIONAL practice ,CONTRACTS ,ARTICLES of incorporation ,MEDICAL laws ,EQUAL rights - Abstract
Copyright of MedR Medizinrecht is the property of Springer Nature and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
25. ПРАВО НА ЗВЕРНЕННЯ З КОНСТИТУЦІЙНОЮ СКАРГОЮ ЯК ЕЛЕМЕНТ ДОСТУПУ ДО КОНСТИТУЦІЙНОГО ПРАВОСУДДЯ.
- Author
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О. Р., Балацька
- Subjects
EQUAL rights ,JUSTICE ,JUSTICE administration ,DEMOCRACY ,FAIR trial - Abstract
The article is devoted to the study of the right to file a constitutional complaint as a component of ensuring access to constitutional justice. Based on the analysis of Ukraine’s legal doctrine and legislation, it has been established that the institution of constitutional complaint became a novelty within the framework of the institutional judicial reform regarding justice in 2016, which was accompanied by amendments to the Constitution, and the practical implementation of these provisions, as well as the consideration of constitutional complaints by the Constitutional Court of Ukraine began in 2018. The article establishes that the peculiarities of the constitutional complaint in Ukraine allow it to be characterized as individual, direct, and «partially normative,» since its subject matter only covers «the law of Ukraine,» with the object of the constitutional complaint being limited exclusively to laws of Ukraine. The Ukrainian model of the constitutional complaint, by its potential, serves as an effective tool for protecting constitutionally guaranteed human rights, with the condition of its effectiveness being the productive activity of the Constitutional Court of Ukraine. At the same time, the author draws attention to the debatable nature of limiting the object of the constitutional complaint exclusively to laws of Ukraine in view of the needs and realities of Ukrainian society in terms of guaranteeing human and citizen rights and freedoms. It is proposed to expand the range of legal acts that can be challenged through a constitutional complaint to verify their constitutionality, including other normative legal acts of the Verkhovna Rada of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, and legal acts of the Verkhovna Rada of the Autonomous Republic of Crimea in cases where the application of these acts in a specific case led to a violation of the rights and freedoms enshrined in the Constitution of Ukraine. It has been established that the introduction of the institution of individual constitutional complaint is a valuable step in the context of ensuring an individual’s access to constitutional justice in Ukraine and a guarantee of the effectiveness of the right to judicial protection. It is concluded that the right to file an individual constitutional complaint is an important guarantee of access to justice, as it ensures the nonillusory nature of democratic values, the principle of the rule of law, and contributes to the development of a judicial system that guarantees equality before the law and a fair trial [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
26. Tinjauan Yuridis Atas Pemberian Keringanan Hukuman pada Orang yang Memiliki Jasa pada Negara.
- Author
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Missleini and O., Nynda Fatmawati
- Subjects
EQUAL rights ,CRIMINAL procedure ,JUSTICE ,JUDGES ,PROPORTIONALITY in law - Abstract
Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
27. LA GESTIÓN DEL RIESGO TRIBUTARIO EN LA EMPRESA FAMILIAR: DE LOS CÓDIGOS DE BUEN GOBIERNO A LA RELACIÓN COOPERATIVA CON LA ADMINISTRACIÓN.
- Author
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Bueno Maluenda, Maria Cristina
- Subjects
FAMILY-owned business enterprises ,EQUAL rights ,TAX laws ,TAX administration & procedure ,SMALL business - Abstract
Copyright of Crónica Tributaria is the property of Instituto de Estudios Fiscales, Ministerio de Hacienda y Funcion Publica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
28. Evaluación de la licencia de estudios en el contexto del derecho educativo del trabajador.
- Author
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Valverde Torres, Yanhet Lucía, Andrade Salazar, Oswaldo Líber, and Eras Navarrete, Jessica Elizabeth
- Subjects
AFFIRMATIVE action programs in education ,CAREER development ,QUALITY of life ,EQUAL rights ,EDUCATIONAL mobility - Abstract
Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
29. Influencia de las herramientas legales en la agilización de los procesos judiciales del sistema penal.
- Author
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Machado Maliza, Mesías Elías, Bermeo Alvarado, Jhoanna Nicole, and Esperanza Ortega Silva, Paulina
- Subjects
EQUAL rights ,PRISON overcrowding ,JUSTICE administration ,CIVIL rights ,LEGAL instruments - Abstract
Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
30. Consentimiento sexual.
- Author
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Brunet Icart, Ignasi
- Subjects
SEXUAL consent ,RAPE culture ,SEXUAL assault ,EQUAL rights ,FEMINISM - Abstract
Copyright of International Journal of Organizations / Revista Internacional de Organizaciones (RIO) is the property of Analisi Social i Organitzativa grup de recerca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
31. УЧАСТЬ ОРГАНІВ ОПІКИ ТА ПІКЛУВАННЯ ПРИ ВИЗНАЧЕННІ МІСЦЯ ПРОЖИВАННЯ ДИТИНИ.
- Author
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В. О., Пархоменко
- Subjects
BEST interests of the child (Law) ,EQUAL rights ,PARENT-child legal relationship ,LIVING conditions ,DOMESTIC relations - Abstract
The article analyzes the norms of family legislation of Ukraine regarding the determination of the child’s place of residence in case of divorce. The purpose of the research is to study the process of decision-making by guardianship and guardianship bodies, to evaluate the effectiveness of their activities, which will contribute to ensuring the best interests of the child and equal rights of parents. Particular attention is paid to determining the role of guardianship and care authorities in this process. It has been established that their participation is possible in two forms: 1) resolution by the body of guardianship and custody of the dispute on the determination of the child’s place of residence; 2) provision of a written opinion of the body of guardianship and guardianship during the consideration of cases by the court on the determination of the child’s place of residence. It has been proven that the role of guardianship and guardianship authorities in determining the place of residence of a child is significant, as they are involved in the event of a lack of consensus between parents regarding the residence of a minor child. The process of decision-making by guardianship and guardianship bodies is characterized. The main stages in solving the issue of determining the child’s place of residence with the participation of the guardianship and guardianship authorities are highlighted: 1. Appeal to the parents’ guardianship and guardianship authorities. 2. Conducting by guardianship and care authorities a conversation with the parents and drawing up a certificate of examination of the child’s living conditions. 3. Decision-making by guardianship and guardianship bodies is based on the analysis of conditions and consideration of the child’s opinion and is formed in the form of a conclusion. Important evaluation criteria are the parents’ attitude towards the fulfillment of parental duties, the child’s personal attachment to each parent, the child’s health and other circumstances of significant importance. The main principles that guardianship and guardianship authorities should be guided by when determining a child’s place of residence are analyzed, such as ensuring the best interests of the child and equal rights of parents. Special attention is paid to problematic aspects that arise during decision-making by guardianship and guardianship bodies, which include the establishment of the child’s true psycho-emotional state by a psychologist, ensuring the child’s appearance in court or the guardianship body and custody at a permanent pre-war place of residence. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
32. ПРАВОВЕ РЕГУЛЮВАННЯ ОСВІТИ В УКРАЇНІ. ЧАСТИНА 3: РІВНІСТЬ ПРАВ, БЕЗПЕКА І ГІДНІСТЬ ЗДОБУВАЧІВ ОСВІТИ ТА МОВНІ УМОВИ ВСТУПУ ДО ЗАКЛАДУ ОСВІТИ В УМОВАХ ВОЄННОГО СТАНУ.
- Author
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М. І., Миклуш and С. М., Голуб
- Subjects
LEGAL documents ,CIVIL rights ,UNIVERSITIES & colleges ,DIGNITY ,MARTIAL law ,EQUAL rights - Abstract
The purpose of this article is to continue the analysis of Ukrainian legislation and international acts that regulate or affect the process of regulating basic human rights and freedoms in Ukraine’s education field. The conduct of this study is due to the activities of the Cabinet of Ministers of Ukraine and the Ministry of Education and Science of Ukraine in 2024, which intervened directly during the admission process of students to higher educational institutions during the 2024 admission campaign. The mentioned aspects especially affected the education seekers who declared their desire to study full-time and on a paid basis in graduate school to obtain the third (educational and scientific) level of higher education. Regarding the above, it became necessary to legally examine the observance of basic human rights and freedoms when conducting the admission process under martial law along with implementing and regulating educational activities. In particular, the article examines the main conditions and guarantees of equality of rights of education seekers when enrolling in educational institutions. Additionally, the study underlines the main legal provisions on the human right to safety and dignity, which shall be observed during the admission campaign and when carrying out educational activities in conditions of military emergency as well as in conditions of economic crisis. At the same time, special attention is focused on the need to establish different admission conditions and study conditions for free education and paid education recipients. In addition, the authors analyze the legislation of Ukraine regarding the possibility of using the factor of knowledge of foreign languages as a condition for admission to institutions of higher education, both in the general context and taking into account the specifics of the education received by the student. Thus, this article is the third article from the cycle of research and contains the results of a legal study of the principle of equal rights in the field of education, the principle of safety and human dignity in education, in particular, during the period of military emergency in Ukraine, as well as the principle of Ukrainian-language education in Ukraine. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
33. ДОСТУП ЖІНОК ДО ПРАВОСУДДЯ В УКРАЇНІ: НЕВИДИМІСТЬ ПРОБЛЕМИ.
- Author
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Т. І., Фулей
- Subjects
SEXISM ,SOCIAL problems ,POLICE ,ACCESS to justice ,EQUAL rights ,GENDER inequality - Abstract
The article considers women’s access to justice as an invisible problem, the existence of which is overlooked or denied. Cases where women in similar situations experience more adverse legal consequences are not perceived as linked to gender inequality. The reasons for the invisibility of the problem are rooted in the Soviet past, in the patriarchal traditions of Ukrainian society, as well as in the reluctance to abandon myths and stereotypes, the lack of proper reflection on the past and the lack of a culture of public discussion of important social problems, the marginalization of “women’s” topics. To illustrate the invisibility of the problem, results of the questioning of training participants (judges, court staff and law enforcement officers) has been used, i.e. the discussion regarding manifestations of gender inequality, acknowledged in the Concept Paper of the State Programme for Ensuring Equal Rights and Opportunities of Women and Men, approved by the order of the Cabinet of Ministers of Ukraine dated November 21, 2012, No. 1002. The author noted, that during many years of delivering gender equality trainings only those participants who de facto contribute to caregiving/family responsibilities admitted that inadequate level of providing conditions for “a harmonious combination of family and professional responsibilities” is an actual problem; the same is observed in relation to other manifestations of inequality between women and men, which confirms the opinion that the perception of relevance or irrelevance of specific manifestations of gender inequality is determined by the individual’s own experience. The trend of reducing gender gap is perceived as the irrelevance of a certain manifestation of gender inequality, since “the situation has been improved significantly”, even if the gap remains large. In addition to the experience of delivering trainings, “stories from life” were also used to demonstrate the invisibility of the problem, particularly cases that illustrate the superior, prejudiced and sexist attitude towards women in high level (deputy minister) positions, especially when compared with the attitude towards men of the same age and status. Since a problem that is invisible has no chance of being solved, the ability to “notice”, “see”, “make visible”, “name”, “qualify”, etc. are the first steps towards its solution. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
34. ПРИНЦИПИ КРИМІНАЛЬНОГО ПРАВА УКРАЇНИ ТА ПРИНЦИПИ КРИМІНАЛЬНО-ПРАВОВОЇ ОХОРОНИ ПРОФЕСІЙНОЇ ДІЯЛЬНОСТІ ПРАЦІВНИКІВ ПРАВООХОРОННИХ ОРГАНІВ.
- Author
-
Полійовська, М. Т.
- Subjects
EQUAL rights ,LAW enforcement agencies ,POLICE ,CRIMINAL law ,JUSTICE - Abstract
The article analyzes the links between the basic principles of criminal law of Ukraine and the principles governing criminal law protection of professional activities of law enforcement agencies. Special attention is paid to the study of interaction and impact of these principles on law enforcement. The author refers to the contributions of national scholars who have studied the nature of certain principles of criminal law and offers a systematic analysis for further improvement of the regulatory framework. The author emphasizes that modern changes in criminal law should reflect not only historical experience, but also modern challenges that require a deeper understanding and application of the principles of justice, legality, humanism and democracy. The author also emphasizes the need to enshrine the principles in the new edition of the Criminal Code of Ukraine in order to comply with international standards and ensure legal certainty and objectivity of law enforcement. According to the author, there is a need for greater clarity and systematization of the principles of criminal law, and their inclusion in the Criminal Code will help ensure greater transparency and effic iency in their application. The author of the article emphasizes the importance of the principles of criminal law proposed by P.L. Fries, which form the basis for criminal law protection of professional activities of law enforcement agencies, but also emphasizes the possibility of their expansion. In particular, the author proposes new articles for the Criminal Code of Ukraine which include the principles of legality, equality before the law, guilt, justice, individualization of punishment, personal nature of responsibility, humanism, and inevitability of responsibility. The author comes to the conclusion that the principles of criminal law protection of the professional activities of law enforcement agencies are based on constitutional and criminal law principles. The basic principles such as the rule of law, justice, equality before the law, individualization of punishment, and inevitability of liability form the structure of protection of law enforcement officers' rights. An analysis of the principles which are repeated in constitutional and special criminal provisions shows that it is inappropriate to allocate separate principles for law enforcement officers. The author proposes a two-tier system of principles for effective criminal law protection which avoids duplication of categories and ensures systematic and rational law application. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
35. ЗМІСТОВНО-ПОНЯТІЙНА ХАРАКТЕРИСТИКА ГЕНДЕРНОЇ РІВНОСТІ У ДЕРЖАВНІЙ СЛУЖБІ.
- Author
-
А. В., Назарчук
- Subjects
EQUALITY ,CIVIL service ,CORPORATE culture ,EQUAL rights ,WOMEN'S rights ,GENDER inequality - Abstract
The article examines substantive and conceptual aspects of gender equality. It has been established that gender equality is the fundamental principle of ensuring human rights, as well as the basis of the democratic development of an individual state and the world community as a whole. It is emphasized that the further development of the institution of gender equality necessitates its determination to modern realities, proper legal support and a comprehensive doctrinal rethinking. The main characteristics of gender equality are singled out, namely: 1) enshrining gender equality in normative legal acts, which is a prerequisite for the creation of an extensive system of acts that comprehensively regulate the sphere of ensuring the equality of the rights of men and women; 2) definition of equal legal opportunities for men and women, taking into account the individual needs of each gender; 3) implementation of gender equality in social relations takes place through ensuring the lawful behavior of men and women, in particular regarding the exercise of rights, performance of duties, observance of prohibitions, etc.; 4) provision of opportunities for men and women to bear equal types and measures of responsibility for similar misdemeanors, without nullifying the principle of individualization of responsibility. The definition of the concept of state gender policy as a direction of state policy is provided in state activity aimed at affirming and ensuring equal rights and opportunities of women and men by providing appropriate guarantees of their equal participation in all spheres of public life. The specifics of gender equality in the civil service have been established, under which it is proposed to understand the implementation of state gender policy in this area, in particular through: 1) inclusion of the needs, experience and potential of men and women who are civil servants in programs, plans, strategic documents that regulate civil service in Ukraine; 2) ensuring the implementation of the principle of gender equality in the organizational culture in the field of public service; 3) conducting a gender audit of the civil service, etc. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
36. ФОРМУВАННЯ ДЕРЖАВНОЇ ПОЛІТИКИ У СФЕРІ ДЕРЖАВНОГО УПРАВЛІННЯ ТА ЕФЕКТИВНОГО КОНТРОЛЮ ЗА ПОСАДОВИМИ ТА СЛУЖБОВИМИ ОСОБАМИ, ЯКІ ПРИХОВУЮТЬ АДМІНІСТРАТИВНІ ПРАВОПОРУШЕННЯ.
- Author
-
Я. О., Ліховіцький and Т. В., Довба
- Subjects
POLITICAL trust (in government) ,EQUAL rights ,CIVIL service ,PUBLIC administration ,GOVERNMENT policy - Abstract
It is indicated that a significant number of scientific works are devoted to the issue of defining the term, as well as the powers and characteristics of official and official persons. However, research in the field of public policy formation in the field of public administration and effective control over officials and civil servants who conceal administrative offenses is relevant and important for ensuring democracy, the rule of law, and citizens’ trust in government structures. Despite existing regulations and mechanisms that regulate the powers and responsibilities of officials, the problem of hiding administrative offenses remains a serious challenge. According to the principle of the rule of law, the state is obligated to ensure equality before the law and accountability for violations. In the modern world, issues of public administration and control over the activities of officials and civil servants are crucial for upholding the rule of law and fostering trust in governmental structures. The problem of concealing administrative offenses by officials has become pressing due to the expansion of their powers and responsibilities to society. This article undertakes a deep analysis of the legal definitions and legislative precision in defining the terms of officeholders and civil servants, their granted powers, and explores cases of concealing administrative offenses. Various aspects are examined in the article, specifically the delineation of powers vested in officials (civil servants) and the accountability of officials for their actions. The authors emphasize the necessity of establishing effective mechanisms for oversight and supervision to prevent impunity within governmental structures and ensure fair application of the law. All facets explored in the article aim to promote the development of legal culture, strengthen trust in governmental bodies, and ensure transparency and legality in society. The authors provide a detailed examination of the harm caused to the state and society by officials and civil servants through their actions of concealing administrative violations. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
37. Fourteenth Amendment — Election Law — Alexander v. South Carolina State Conference of the NAACP.
- Subjects
- *
ALEXANDER v. South Carolina State Conference of the NAACP , *GERRYMANDERING lawsuits , *EQUAL rights , *JUDICIAL deference , *JUDICIAL review - Abstract
The article offers information on the court case Alexander v. South Carolina State Conference of the NAACP, where the Supreme Court reversed a district court ruling that found South Carolina's redistricting plan violated the Fourteenth Amendment's Equal Protection Clause due to racial gerrymandering. Topics include the legal framework for racial gerrymandering claims, the role of legislative intent and evidence in proving racial motivation, and the Court's deference to factual findings.
- Published
- 2024
38. US Supreme Court's June 2023 ruling concludes Indian Child Welfare Act of 1978 is constitutional.
- Author
-
Altman, Lawrence J.
- Subjects
- *
NATIVE Americans , *EQUAL rights , *ADOPTION , *CIVIL rights , *FOSTER home care , *INDIAN Child Welfare Act of 1978 - Abstract
The article discusses the court case Haaland, Secretary of the Interior v. Brackeen, wherein the U.S. Supreme Court ruled that Native American rights to place children for adoption or in foster care under the Indian Child Welfare Act of 1978 (ICWA) is constitutional. The court agreed on the authority of the U.S. Congress under Article I of the Constitution to enact the ICWA and it rejected claims that the ICWA violates the equal protection clause of the 14th Amendment.
- Published
- 2024
39. Ensuring Equality Before the Law and Personal Data Protection through Implementation of AI Integration in Single Identification Number Systems: A Positivism Philosophy Perspective.
- Author
-
Chiang, Daud Juristo and Hoesin, Zainal Arifin
- Subjects
- *
EQUAL rights , *DATA protection , *DATA privacy , *ARTIFICIAL intelligence , *TECHNOLOGICAL innovations - Abstract
The implementation of Artificial Intelligence (AI) in managing single identification number systems, such as Indonesia's National Identity Number, must balance constitutional principles and human rights. AI can enhance administrative efficiency and data security, but it must align with the principle of equality before the law, as stipulated in Articles 27 and 29 of the 1945 Constitution. Ensuring data privacy and preventing discrimination in data processing are essential to avoid regional and social inequality. This study aims to examine how AI-based solutions impact the principles of equality before the law and personal data protection, as well as analyse these issues from the perspective of positivist philosophy, which emphasizes strict legal compliance and effective supervision. Using a normative juridical method with statutory and analytical approaches, this research evaluates existing regulations and explores the interplay between legal structure and AI governance. The findings reveal that while AI can promote efficiency and consistency, its algorithms may also introduce bias, risking unfair outcomes in identification services. A robust regulatory framework and continuous oversight are necessary to address potential inequalities and misuse. From a positivist view, strict rule enforcement and transparent governance are essential to balance technological innovation with the protection of individual rights. [Conclusion] In conclusion, the integration of AI into single identification systems must comply with constitutional and legal principles to uphold equality before the law and protect personal data. Effective legal oversight and accountability are essential to maintain fairness, prevent discrimination, and ensure that AI systems benefit all citizens equitably. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
40. PROPER PARENTS, PROPER RELIEF.
- Author
-
Graziano, Katie Grace
- Subjects
INDIAN Child Welfare Act of 1978 ,EQUAL rights - Abstract
The article focuses on the constitutional challenges surrounding the Indian Child Welfare Act (ICWA), specifically the equal protection issues arising from its placement preferences, and explores the potential for pre-enforcement relief in such cases.
- Published
- 2024
41. VIRGINIA WOOLF AND THE END OF PATRIARCHY.
- Subjects
PATRIARCHY ,EQUAL rights - Published
- 2024
42. SECOND FOUNDING, SECOND REDEMPTION.
- Author
-
Roosevelt III, Kermit and McCoy, Kellen
- Subjects
EQUAL rights ,ANTI-discrimination laws ,DUE process of law ,STUDENT rights - Published
- 2024
- Full Text
- View/download PDF
43. ЩОДО ЗАБЕЗПЕЧЕННЯ РІВНИХ ПРАВ ТА МОЖЛИВОСТЕЙ ЖІНОК І ЧОЛОВІКІВ У СФЕРІ ГОСПОДАРЮВАННЯ В УКРАЇНІ
- Author
-
А. В., Токунова, В. М., Рошканюк, and О. С., Бай
- Subjects
BUSINESSPEOPLE ,EQUAL rights ,BUSINESSMEN ,PRIVATE sector ,LEGISLATIVE hearings ,WOMEN'S rights ,GENDER inequality - Abstract
The article is devoted to the formulation of proposals on ways to ensure equal rights and opportunities for women and men in the field of business as a sphere that provides a foundation for the functioning of the economic system of Ukraine. Based on the results of the conducted research, it was concluded that without defining a common basis for the business environment, society, and the state in the issue of ensuring equal rights and opportunities for women and men, gender gaps in the field of business will remain insurmountable. In this context, the full implementation of the UN Guiding Principles on Business and Human Rights, considering the gender perspective, has significant potential to become a universal common platform and conceptual framework for achieving positive transformational changes in Ukraine. It is noted that special attention should be paid to developing and implementing human rights due diligence tools, taking into account a gender-oriented approach and following legislative documents and guidelines that are respectively approved and being developed in the European Union. It was concluded that the UN Guiding Principles can become a guide for further modernization of legislation, including economic legislation, which will allow a more comprehensive approach to solving existing problems and involving the maximum number of stakeholders. It was also emphasized on the expediency of ensuring the effective collection of sex-disaggregated data that would enable the assessment of the actual situation in the business sector in Ukraine, including towards ownership aspects and decisive influence on the activities of business entities and other legal entities. Also, it was proposed to amend the current legislation and add gender data to the list of mandatory information entered into the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations, regarding individual entrepreneurs, managers, founders (participants), ultimate beneficial owners of legal entities, and managers of separate divisions. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
44. ВПЛИВ ІДЕЙ ХРИСТИЯНСТВА НА МЕТУ КРИМІНАЛЬНИХ ПОКАРАНЬ В ГАЛИЦЬКО-ВОЛИНСЬКІЙ ДЕРЖАВІ
- Author
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Ю. В., Олійник
- Subjects
CORPORAL punishment ,EQUAL rights ,GENDER inequality laws ,JUSTICE ,CRIMINAL law ,PUNISHMENT - Abstract
The article highlights the influence of Christian ideas on the formulation of the purpose of criminal punishments in the Galician-Volhynian state. The influence of Christian principles of justice, repentance and mercy on the development of the legal system of the state, as well as on the evolution of criminal punishments, is considered. It is noted that Christianity brought new moral and legal values, which significantly influenced social relations and the legal system of the Galician-Volhynian state. It is emphasized that Christian ideas influenced the expansion of the understanding of crime not only as a private encroachment, but also as a violation of law and order and a threat to the safety of society. A comprehensive analysis of the system of criminal punishments in the Galician-Volhynian state was carried out, which included fines, confiscation of property, public apologies, physical punishments, expulsion from the community and, in exceptional cases, the death penalty. It was established that criminal punishments played the role of the most common criminal law measure used by the Galician-Volhynian state to combat crime. It is considered to what extent these criminal punishments corresponded to Christian principles and what purpose they pursued. The article emphasizes that the purpose of punishment from a Christian point of view emphasized not only the retribution for the crime, but also the correction of the criminal. It was emphasized that the punishment system included both punitive and educational elements, which corresponded to Christian ideas about mercy and the possibility of repentance. The article shows the influence of a number of European states on the legal system of the Galician-Volhynian state, and the role of the church in the formation and implementation of criminal punishments. It was concluded that the influence of Christian values on the criminal law of the Galician-Volhynian state was significant and comprehensive. This was reflected in the expansion of the concept of crime, the variety of criminal punishments and their compliance with the principles of Christian morality. It is noted that although there was gender inequality in criminal law, Christian ideas, thanks to the active activity of the church, contributed to the humanization of criminal punishments and the gradual development of ideas about equality before the law. In general, the article demonstrates how the ideas of Christianity influenced the formation of the purpose of criminal punishments in the Galician-Volhynian state, emphasizing the importance of moral correction of criminals, restoration of justice and maintenance of social order. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
45. ҐЕНЕЗА ІДЕЇ РІВНОСТІ В УКРАЇНІ (ДРУГА ПОЛОВИНА ХІV - ПЕРША ПОЛОВИНА ХVІІ СТ.)
- Author
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О. В., Богатюк and О. В., Мартинюк
- Subjects
EQUAL rights ,JUSTICE ,SOCIAL status ,UKRAINIANS ,COMMON law ,ACCESS to justice - Abstract
The article is devoted to the study of the development of the idea of equality before the law and before the court as a component of the general principle of equality in Ukraine during the second half of the 14th - the first half of the 17th century. The authors emphasize that the legal structure of the Ukrainian principalities, which were part of the Grand Duchy of Lithuania with the rights of autonomy, did not change for a long time, and therefore the principles and norms of law developed during the princely era dominated until the middle of the 15th century, and in the field of justice - to the middle of the 16th century. At the same time, the complication of social relations gradually led to changes in the state-political organization and social-legal spheres. The social strata that began to form during the princely period began de jure to form into estates, among which the magnates were at the top of the social hierarchy, and later - the nobility (from the middle of the 16th century). The authors conclude that during the studied period, the idea of equality before the law and before the court evolved as a component of the general legal principle of equality. For the first time, it was officially established by the norms of the Sudebnyk Casimir IV in 1468, and later by the norms of the Lithuanian Statute. The declaration of this dominance in the conditions of existence of the medieval state had a rather progressive meaning, but the state-hierarchical social organization made its content mostly declarative. The idea of equality before the court was realized as fully as possible in the activities of ancient customary legal institutions, a special place among which was occupied by the institution of a court of justice. It was an effective body of justice of the Ukrainian people, and its practice contributed to the preservation of the ancient Ukrainian legal tradition in the field of justice. The rules of conduct (common law) developed over many centuries by courts of justice not only ensured access to justice for broad sections of the population, regardless of social status, but also cultivated universal human values, among which the idea of equality of all before the law and before the court occupied a special place. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
46. The intersection of Indian citizenship amendment act 2019 and religious persecution.
- Author
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Ananda, D.
- Subjects
EQUAL rights ,RELIGIOUS minorities ,STATELESSNESS ,CITIZENSHIP ,EQUALITY - Abstract
This paper presents a comprehensive analysis of India's Citizenship Amendment Act (CAA) of 2019, focusing on its origins, objectives, and far-reaching consequences, particularly concerning its alignment with the constitutional principles of secularism and equality. The CAA facilitates the acquisition of Indian citizenship for persecuted religious minorities from Afghanistan, Bangladesh, and Pakistan, explicitly excluding Muslims. This has sparked national and international debate over its potential to undermine the secular fabric of the Indian Constitution, particularly concerning Article 14, which guarantees equality before the law. Through a legal and constitutional lens, the paper critically examines the broader implications of the CAA on religious minorities, its intersection with the National Register of Citizens (NRC), and concerns about statelessness. Drawing on scholarly critiques, it explores the Act's impact on India's inclusive identity, the potential marginalization of minority communities, and the socio-political challenges posed by its implementation. The paper advocates for re-evaluating citizenship laws to align with India's democratic principles, ensuring social cohesion and protection of human rights. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
47. Do Experiences with Civil War Affect the Acceptance of the Use of Violence After War Ends? The Case of Post-War Nepal.
- Author
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Basnet, Post and Ishiyama, John
- Subjects
- *
VIOLENCE , *POLITICAL violence , *WAR , *EQUAL rights , *ATTITUDE (Psychology) - Abstract
What are the effects of civil war violence on individual attitudes regarding the acceptability of the use of violence in politics after civil wars end? Using data from Nepal, we test several hypotheses about the relationship between the exposure to civil war violence and the acceptability of the use of violence for a variety of political goals after civil wars end (namely noble political causes, equal rights, and electoral advantage). Overall, we find that individuals more exposed to civil war violence are less likely to embrace the use of violence than the individuals who were less exposed to civil war violence. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
48. Abortion Bans: The Exceptions That Prove the Rule Makes No Sense.
- Author
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Browne, Tamara Kayali and Kendal, Evie
- Subjects
- *
ABORTION laws , *PREGNANT women , *EQUAL rights , *INCEST , *ABORTION ,ROE v. Wade - Abstract
Abortion is now "banned" in fourteen US states. Fetal personhood—the notion that fetuses should be considered equal persons—has been invoked in many anti-abortion laws. Yet none of the states actually ban abortion completely. Some states allow exceptions in cases of rape or incest, and at the very least, every state so far permits abortion if the pregnancy threatens the life of the pregnant person. However, it is impossible to uphold the validity of these exceptions while maintaining a position of legal equality between fetuses and pregnant people. The authors argue that this logical inconsistency should persuade supporters of near-total abortion bans to abandon their position entirely. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
49. Why Critiques of Victor's Justice Never Went Away and How They Can Be Confronted Better.
- Author
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STAHN, CARSTEN
- Subjects
- *
EQUAL rights , *ILLEGITIMACY , *JUSTICE , *DOUBLE standard , *TERRORIST organizations , *PROCEDURAL justice - Abstract
The intersection between cultures of impunity and the rationalization of victor's justice has a long tradition in international criminal justice. lt may be traced back to the branding of perpetrators as enemies of human race (Vattel), ideological rationalizations or application of concept of enemy criminal law (Feindstrafrecht) to terrorist groups (Jakobs). Some voices argue that problems of victor's justice are unavoidable, morally acceptable or do not necessarily affect the legitimacy of the law. This contribution challenges this assumption. It dissects the argumentative structure of the problem and claims that certain dilemmas, such as selective jurisdiction or unequal norm application, are increasingly subject to challenge from a normative perspective (e. g., impartiality, equality, fairness). It first traces the origins and continuities of victor's justice in the practice of international criminal justice. It shows that victor's justice critiques pose discomforting questions to the field. lt engages critically with three recurring rationalizations: The 'radical evil' theory, the balancing justification, and the pragmatic acceptance as 'necessary evil.' It argues that justifications of one-sidedness produce unhelpful 'spill-over' effects across situations and conflict with some of the liberal foundations of the justice model (dignity, equality, and universality) and turn international criminal justice partly against itself. It examines the role of fairness in countering these problems. It claims that some facets of victor's justice, or its counterpart (loser's justice), are not only problematic from a legitimacy point of view, but also from a legality and procedural justice perspective. Ultimately, victor's justice issues cannot be fully solved and will likely not go away. But some of the underlying causes and problems can and should be confronted more actively. It is becoming ever clearer in a multi-polar world that double standards and one-sided justice in one situation come to hurt accountability efforts in another. Multidirectionality should be used in novel, productive ways to challenge shaky rationalizations and promote greater equality before the law. This contribution suggests four ways to address contemporary dilemmas, beyond traditional calls to protect judicial and prosecutorial independence and improve funding and resourcing of accountability bodies, namely (i) greater consciousness of costs of one-sided justice and its multi-directional spill-over effects, (ii) better articulation and review of impartiality and objectivity standards, (iii) confronting causes of one-sided justice and their rationalizations, and (iv) multi-layered complementarity strategies. [ABSTRACT FROM AUTHOR]
- Published
- 2024
50. Factors Influencing Gender Equality.
- Author
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Okan, Aslıhan
- Subjects
- *
GENDER identity , *GENDER inequality , *GROUP identity , *EQUAL rights , *GENDER stereotypes - Abstract
While gender is the genetic, physiological, and biological characteristics of a person as a woman or a man, gender is the social identity roles with the personality features that are formed by the social and cultural evaluation of the differences between men and women. Gender is a term that relates to how society sees, perceives, thinks, and wants a person to behave as a man or a woman. Socialization is a process by which a person becomes a part of society and gains identity and gender stereotypes. Gender equality means that women and men have equal rights before the law, treated equally, and benefit from opportunities and services in society. This article draws attention to the existence of conditions that show that gender inequality is against women in the 21st century. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
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