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Provisions of Articles 1 and 3 of the Constitution of Ukraine define the priority duty of the state to ensure and realize the rights and freedoms of a person and a citizen, and therefore one of the most important aspects of the formation of a legal social state is the creation of effective national mechanisms for regulatory and legal protection of the right to health care of individuals, who are serving prison sentences, as well as effective law enforcement (implementation of legal norms) in the field of penitentiary medicine. The article is devoted to one of the actual practice-oriented problems of modern criminal-executive law of Ukraine - the analysis of the state of implementation of European standards regarding the provision of medical care to persons sentenced to imprisonment. The authors dwell on some problems of the right to a proper and sufficient level of medical and sanitary support for convicts serving a prison sentence. In particular, attention is drawn to the state of legality and discovered by the prosecutor's office violations of the constitutional rights of those sentenced to imprisonment for health care and proper medical care, which lead to a threat to the health and life of the patients themselves and to the threat of infection with infectious diseases of other convicts serving their sentences in the form of deprivation of liberty in one correctional institution of the State Criminal-Executive Service of Ukraine, which are equated according to Article 3 of the Convention on the Protection of Human Rights and Fundamental Freedoms to tort ure and inhuman treatment. On the other hand, a number of problems remain unsolved in the field of health care of prisoners sentenced to imprisonment, who are serving their sentences in correctional colonies and pretrial detention centers of the State Criminal-Executive Service of Ukraine. An indisputable positive achievement of domestic penitentiary medicine is the tendency to bring national mechanisms of legal regulation of criminal-executive relations in the field of health care of prisoners to accordance with European standards and the practice of the European Court of Human Rights. [ABSTRACT FROM AUTHOR]

The article analyzes and reveals the concept of state-official legal relations in state authorities in general, and law enforcement agencies in particular, it is emphasized that these legal relations are characterized by specificity and have a direct impact on the development and functioning of the state apparatus, as well as create the basis for the effective implementation by public servants of their direct powers and functions that were delegated to them by society and the state. It is emphasized that in modern legal science, the essence of the definition of «legal relations» lies in the understanding of relations between natural persons, which embody the legal reflection of social, political, economic, family, in some cases, moral, as well as other social relations, which sublimate the process of emergence, change and termination of a social relationship based on legal norms, the participants of which have legal rights and obligations, the observance of which is guaranteed by the state. It was established that there are no clear criteria for belonging of the phenomenon of state-service relations to a specific group of legal norms in the modern legal system. It was established that state-official legal relations are governed by the norms of labor and administrative law according to the main criteria. It was noted that the genesis of public-service legal relations lies in the synthesis of social relations regulated by the current legislation, which are formed with the participation of the state in the personification of its bodies and relevant officials on the one hand, and civil servants - on the other, which are implemented in order to fulfill the tasks and function s of the state services. It is emphasized that state-official legal relations, including in law enforcement agencies, are a phenomenon inherent not only in the field of civil service, the main principles of which are regulated by the Law of Ukraine «On Civil Service», the process of serving in the Armed Forces of Ukraine should also be considered as such, the National Guard of Ukraine, the National Police of Ukraine, the Security Service of Ukraine, the Prosecutor's Office and other law enforcement and human rights protection bodies. [ABSTRACT FROM AUTHOR]

Civil procedural duties are elements of the civil procedural status of persons participating in legal proceedings. The nature of civil procedural obligations of the parties is determined by the nature of civil procedural relations. The civil procedural duty of the party is a measure of the necessary behavior of the participants in the civil process, which is designed to ensure the implementation of certain procedural actions or refrain from their implementation for the protection of rights and legal interests and to guarantee a fair, impartial, timely consideration and resolution of a civil case. The signs of civil procedural obligations of the parties include: 1) is an element of the procedural status of a person; 2) normatively defined in the provisions of civil procedural legislation; 3) aimed at protecting rights and legitimate interests; 3) are individual (applies to the parties or the plaintiff or defendant separately) or general (applies to all participants in the case); 4) aimed at ensuring effective civil justice. The civil procedural obligations of the parties in a lawsuit can be grouped according to several criteria. First, these are general duties that belong to all participants in the case. For the participants in the case, the civil procedural legislation establishes uniform limits of procedural rights and obligations. Special civil procedural duties are duties that are inherent only to the parties or individually to the plaintiff or defendant. An important place in the formation of the content of the procedural obligations of the parties belongs to the general principles of civil proceedings. Understanding this connection allows for a deeper understanding of the meaning of each duty and ensures the effectiveness of civil proceedings. The consequences of non-fulfillment of civil procedural obligations by the parties are defined in the civil procedural legislation. These are: application of measures of procedural coercion; bringing to legal liability; consideration of the case in the absence of the relevant party to the case; leaving a complaint, application, request without consideration or their return. [ABSTRACT FROM AUTHOR]

According to Article 59 of the Constitution of Ukraine, everyone has the right to legal aid. In cases provided for by law, this assistance is provided free of charge. Everyone is free to choose a defender of their rights. The Bar operates in Ukraine to ensure the right to defense against accusations and to provide legal assistance in resolving cases in courts and other state bodies. These provisions of the Constitution of Ukraine are duplicated in Article 20 of the Criminal Procedure Code of Ukraine. According to this provision, a suspect, accused, acquitted, or convicted person has the right to defense, which consists in providing him or her with the opportunity to provide oral or written explanations regarding the suspicion or accusation, the right to collect and submit evidence, to participate personally in criminal proceedings, to use legal assistance of a defense counsel, and to exercise other procedural rights provided for by the CPC of Ukraine. Thus, the direct duty of law enforcement agencies is to protect the legitimate rights and freedoms of a person regardless of his or her gender, nationality, language, citizenship, age, social origin, political beliefs, etc. At the same time, the protection of the rights, freedoms and legitimate interests of a suspect, accused, defendant, acquitted person, a person in respect of whom compulsory medical or educational measures are to be applied or the issue of their application in criminal proceedings is being decided, a person in respect of whom extradition to a foreign state is being considered, as well as a person being brought to administrative responsibility during the consideration of an administrative offense case is carried out by an advocate. This is, in particular, stated in the Law of Ukraine «On the Bar and Practice of Law» No 5076-VI of July 05, 2012. Taking into account the above provisions, it is important to identify and analyze the problematic aspects of the participation of an attorney-at-law in pre-trial investigation in accordance with the current legislation of Ukraine in the context of the introduction of martial law in Ukraine (Decree of the President of Ukraine «On the Introduction of Martial Law in Ukraine» approved by the Law of Ukraine of February 24, 2022 No 2102-IX). [ABSTRACT FROM AUTHOR]

The article highlights the issue of the increase in the number of cases of domestic violence known to law enforcement agencies. Factors affecting the increase of legal awareness of citizens and encouraging them to take decisive actions for zero tolerance to various types of violence in families are analyzed in detail. We analyzed the changes in the legislation of Ukraine, which became the driving force for the fight against domestic violence, the protection of victims and the punishment of offenders. An important step for this was the introduction of amendments to the Criminal Code of Ukraine and the addition of Article 126-1 "Domestic violence". At the same time, an important factor in the formation of public awareness of the inadmissibility of domestic violence is the activity of public organizations, public figures, the media community, and mass media. The trend of increasing the level of legal culture of the individual in terms of zero tolerance for the actions of offenders is being followed. Society increasingly does not tolerate violence and strives for justice. It also shows that the legal culture of the individual is growing, people respect the law more and more and understand the importance of human rights. The connection is investigated, according to which increasing the level of awareness of citizens about their rights and about the possibilities of protection against violence leads to an increase in the number of appeals to the police and restoration of their rights by legal means. It has been proven that people seek help more and more often, knowing that they have su pport from the state. The number of sentences contained in the Unified State Register of Court Decisions for domestic violence in the period 2020-2024 is analyzed. It has been studied that the increase in the number of sentences for committing domestic violence is directly proportional to the increase in the level of legal culture of the individual and society. This fact confirms the opinion, however, that domestic violence is gradually leaving the category of latent crimes and victims are no longer ready to put up with violence in fami lies. It was concluded that the development of legal culture in this context means that people not only know about the inadmissibility of violence, but also realize the importance of observing laws and actively participating in the fight against this problem. [ABSTRACT FROM AUTHOR]

Currently, Ukraine is under martial law. Historically, it is known that military conflicts of various nature and scale have become an integral feature of the evolution of mankind since ancient times. And therefore, in ancient times, war was a normal, natural state of nations, while peace was an accidental state. Humanity has become more aware of the value of life. However, in the 21st century, Ukraine faced events that, in our time, seemed to be unacceptable, and many citizens have the question of what the martial law regime is, what are its main aspects, taking into account their significant consequences for the normal life of the population. Martial law is a special legal regime introduced on the territory of Ukraine or in some of its localities, which gives the military command, state authorities, military administrations and local self-government bodies certain powers necessary to avert a potential threat, repel armed aggression and ensure national security within countries. The introduction of martial law is associated with the implementation of certain legal procedures provided for by national legislation. The introduction of martial law is carried out by the highest authorities of the state. Law of Ukraine No. 389-VIII «On the Legal Regime of Martial Law» establishes the procedure for introducing martial law in Ukraine. The National Security and Defense Council of Ukraine submits proposals for the introduction of martial law in Ukraine or in some of its localities for consideration by the President of Ukraine. In connection with the introduction of martial law in Ukraine, the constitutional rights and freedoms of a person and a citizen, provided for in Articles 30-34, 38, 39, 41-44, 53 of the Constitution of Ukraine, may be temporarily limited for the period of the legal regime of martial law, as well as to introduce temporary restrictions on the rights and legal interests of legal entities within the limits and to the extent necessary to ensure the possibility of introducing and carrying out measures of the legal regime of martial law, which are provided for by the first part of Article 8 of the Law of Ukraine «On the Legal Regime of Martial Law». Thus, in the event of the introduction of a legal regime of martial law, significant restrictions on the rights of both individuals and legal entities may be applied. However, such restrictions may occur except within the limits of temporary restrictions on the constitutional rights and freedoms of a person and a citizen, as well as the rights and legal interests of legal entities, provided for by the decree of the President of Ukraine on the introduction of martial law. Therefore, in the case of the initiation of the procedure for the introduction of the legal regime of martial law, as it happened in Ukraine, information on the features and main aspects of this regime is relevant and important. [ABSTRACT FROM AUTHOR]

Problems of legal regulation of requisitioned property of business entities. The article focuses on the problematic aspects of the practical side of property requisition from business entities. The authors define the legal grounds for the procedure of alienation of selected objects. According to the current legislation, the author outlines the rights of the owner and possible alternatives for obtaining compensation in monetary equivalent, property in exchange for similar functional purposes or return of the alienated property. The list of entities of state authorities and local self-government bodies which are authorized to make decisions on the alienation of property for defense needs is specified. The authors analyse the moment when requisitioned property becomes the property of the State and consider the expediency of real estate appraisal of alienated property in terms of mandatory, timely and objective assessment in proportion to the real market value. Based on the research conducted, in particular, the analysis of court practice, authors provide the grounds for owners of requisitioned property to apply to courts to protect their violated rights and legal interests. Among them: making a decision on requisitioning by an entity that did not have legal grounds for it, in particular, this applies to local military administrations. It is noted that at the stage of applying to court, the problem of determining the jurisdiction of the dispute arises, since there is both an element of a public law dispute (appeal against actions or inaction of public authorities) and a private law aspect (the dispute concerns property owned by a business entity). Authors focus on the fact that in the context of the introduction of the legal status of martial law, it is imperatively determined that only the military command is authorized to make decisions on the requisition of certain property. Specific features of making relevant decisions (orders, instructions), which certainly depends on the territory where such property is located are considered. The research analyzes the legal positions of the Supreme Court regarding the jurisdiction of these disputes and proposes to define the relevant rules at the legislative level, inter alia, by the legal status of the owner of the requisitioned property. [ABSTRACT FROM AUTHOR]

The article is devoted to the disclosure of the issue of the limitation of property rights during the legal regime of martial law and measures that can be applied to property are analyzed. The author states that one of the unresolved legal problems of today is the problem of the possibility and proper implementation of the right to property ownership of measures and methods that can limit the rights of owners to property during martial law. The author, when analyzing the limitation of the constitutional right to own, use and dispose of one’s property, emphasized the uncertainty in the legislation of the mechanism of limitation and the lack of detail in which parts of the rights of owners may be limited. In the article, the author investigated such measures during the martial law regime as forced alienation of property and confiscation of property. Considering methods of forced alienation of property or seizure of property under martial law, the author found out that forced alienation of property should take place on the condition of prior full restitution of property or with subsequent full restitution of the value of the property. Considering the issue of confiscation of property, the author notes that confiscation of property, under the conditions of the legal regime of martial law, occurs without compensation for the value of the property. In the article, the author revealed the issue of receiving compensation for forcibly alienated property, which the author proposes to divide into two types: preliminary full compensation for the value of forcibly alienated property and subsequent full compensation for forcibly alienated property. During the research, the author considered the issue of making a decision on the introduction and implementation of measures of forced alienation of property or seizure of property and the implementation of such a decision. In the article, the author pays attention to the issue of the return of forcibly alienated property, which was preserved after the abolition of the legal regime of martial law, and the legal grounds and conditions for such return of property. According to the results of the research, the author claims that the realization of the right of ownership during the operation of the legal regime is of a limited nature, since there is a temporary limited regime during which the full realization of the right of ownership is not always possible. [ABSTRACT FROM AUTHOR]

The right to information in the broadest sense is a component of the constitutional and legal status of a person in the country, and the existence of an effective mechanism for realizing this right, including its protection, demonstrates the state of reality of the proclaimed principles of the rule of law. The article is an attempt to provide a broad overview of the possibilities of protecting the rights of individuals and legal entities to information in Ukraine. The authors tried not to limit themselves to analyzing the mechanisms of a specific branch of law, but made an attempt to outline possible violations of the right to information and analyze the legal means of stopping such violations and preventing negative manifestations in the future. The article analyzes both jurisdictional and non-jurisdictional ways of protecting the right to information, which have their own specific features of manifestation and application within different branches of law. The author considers the ways of protecting the right to information through the mechanisms of civil, administrative and economic branches of law, and makes a certain systematization of the types of violations of the right to information depending on the subject of violation (private or public), on the consequences, on the nature and manifestation of violations. The authors analyzes the positions of national courts and the European Court of Human Rights regarding the existence of legislative restrictions on judges in choosing the ways to protect the applicants’ right to information. The authors also compare the approaches of the European and Ukrainian legislators to the interpretation of the concept of “non-jurisdictional remedies” on the example of legal acts regulating the procedure for exercising information rights, and provide examples of relevant preventive measures (technical and organizational). The authors analyzes the capabilities of the Ukrainian Parliament Commissioner for Human Rights in the mechanism of protection of the right to information and provides examples of the use of his/her powers in response to appeals on violation of the right to information. Gaps in information legislation are identified and ways to eliminate them are suggested. [ABSTRACT FROM AUTHOR]

This paper studies legal disparities between men and women in a patriarchal framework. Throughout history, women have confronted discrimination in matters of inheritance, property ownership, and various other legal rights. We examine the consequences of legal discrimination for women's differential engagement and success within legal conflicts, using data from Ottoman courts in the early nineteenth century. The results show that women were parties to approximately 30 per cent of cases, with a modest gender gap of around eight to ten percentage points in terms of plaintiff win rates. The gap varied across courts and types of cases, consistent with gender disparities in legal knowledge and trial stakes in patriarchal societies. Notably, when litigating against male defendants, the disparity was more pronounced in provincial courts (Konya and Kütahya), as opposed to courts in the capital city (Galata and Üsküdar). Similarly, while the gender gap was greater in property and probate cases than those involving personal crimes and commercial exchange, the gap was reversed in family matters. The analysis suggests that a significant portion of the gender gap in litigation success can be attributed to disparities in evidence presentation (witness testimonies, written documents and legal opinions). [ABSTRACT FROM AUTHOR]

Textbooks play a critical role in schooling around the world. Small sample studies show that many books continue to under-represent women and girls, and to portray men and women in stereotypical gendered roles. In this paper, we use quantitative text analysis to assess the degree of gender bias in a newly assembled corpus of 1,255 English language school textbooks from 34 countries that are publicly available online. We find consistent patterns of under-representation of female characters and portrayal of stereotypical gendered roles. Women and girls appear less frequently, are portrayed as more passive, are less likely to be associated with work or achievement, and are more likely to be associated with the home and traditionally female occupations. Comparing across countries, female representation in books is correlated with higher GDP and more legal rights for women. Under-representation and stereotypes are a particular problem in South Asia. [ABSTRACT FROM AUTHOR]

The paper examines the capacity to act in counter-hegemonic human rights approaches. It concerns non-liberal subjectivities like the incarcerated person that are inconceivable in their action and are assumed to be lacking in autonomy. Counter-hegemonic human rights scholars have addressed the contributions of excluded subjectivities and decolonial struggles in shaping the emancipatory function of human rights. Their scholarship also alludes to the limitations in the conceptualisation of liberal autonomy that overlooks conditions of debilitation in the carceral state. Addressing such limitations, the paper suggests turning to 'after rights' as a reorientation in liberal human rights critique. 'After rights' concerns the proximity between rights-claims and the propagation of carcerality that tether the capacity to act. The paper situates its analysis in the anti-carceral tactics within the Boycott, Divestment, Sanctions (BDS) movement that channel international solidarity and revive a Palestinian peoplehood across borders. It assesses the potential and limitations of utilising human rights as a legal discourse and a language of freedom in the movement. The paper, finally, proposes deploying anti-carceral praxis in order to foreground anti-colonial action, like that of the BDS movement, in their space-making potential as practices of freedom that surpass the liberal conceptualisation of autonomy and freedom. [ABSTRACT FROM AUTHOR]

The slogan 'defend the right to protest' has proved popular in recent years, connecting a wide variety of organisations, activists and institutional actors. But beneath this apparent agreement of left and centre-left groups, we find quite a significant difference of views over the meaning of the 'right to protest', and what activities it might protect. This article sets out to critically engage with the way that an institutional human rights discourse frames protest. It insists that a primacy is accorded to communication, to the exclusion of material forms of power. At the same time, the article shows that 'violence' becomes a meta-signifier for the jurisprudence on the right to protest, often rubber stamping the way that state violence is externalised onto protestors. The article uses these issues to understand how we might traverse rights, moving from a point where they hold an immense grip on the political imagination, to a point where that grip begins to loosen. In short, the article uses the right to protest to begin to think about what Santner calls 'the far side of rights'. [ABSTRACT FROM AUTHOR]

This article presupposes that legal rights cannot remedy the ethical problem of abandonment. It questions how we might live better together as/ with abandoned subjects of the postcolonial state through examining the Shamima Begum case and deprivation of citizenship. Can we imagine a way of life 'after rights', that translates into a right not to be abandoned for the racialised, maimed subject of the postcolonial state ('the stranger')? I argue that 'after rights' is friendship as an ethics of seva ('selfless service), in which the response to the stranger is informed by hukam ('obligation'). It engages in a 'retooling' of received concepts, like obligation and ethics, with concepts from Sikhi to argue for a radical reimagining of rights as a way of life that performs political spirituality as a counter-conductive practice of collective care. I thus inject rights, obligation and ethics with a feminine poetic consciousness inflected with radical Sikhi, which I argue has the potential to create an obligation towards the maimed. It also has the potential to change our understanding of the subject from the Western liberal self to aatma (spirit), informed by a cosmic consciousness and able to embrace Begum as a stranger. [ABSTRACT FROM AUTHOR]

Genomics and biotechnology have generated controversy for decades, about the moral limits of tinkering with and commodifying life, the boundary between nature and technology, the respectful treatment of research participants, and the proper evaluation of emerging technologies. Socio-legal and science and technology studies scholars have demonstrated how the resolution of these questions has serious implications for both science and the law, including the appropriate conduct and direction of scientific research and the construction of legal categories and rights. This article demonstrates that these conflicts also have profound impacts on the politics of science and technology, and particularly approaches to relevant knowledge and expertise. Humanities, social scientific, legal, and lay knowledge asserted themselves through the establishment of human genetics research and battles over the ownership of biological materials and data. However, US political culture—which favors technical and market knowledge—constrained their authority. Cross-national comparison highlights this finding, as other jurisdictions have been more inclusive in their approaches to science and technology governance. [ABSTRACT FROM AUTHOR]

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law 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.)

MEI (MEI) is a global concern in achieving sustainable development (SD), which is trending due to ethnic and population diversity. By applying the Legal Rights Theory (LRT), statistics say that political and civil rights policies under the LRT are the two most promising attributes that promote and help MEI and SD globally. However, government stability and economic prosperity (EcP) must be associated with them. Moreover, political integration (PoI) and assistance are not directly effective in supporting MEI globally, nor does the presence of PoI significantly affect the MEI and progression of SD. At the same time, focusing on the income categorization of the countries under the influence of PoI, lower‐middle‐income countries are adversely affected, further fragmenting the societies and creating a hurdle in achieving SD. It concludes that in promoting MEI, governments should focus on legal rights policies and adapt the MEI policies of Singapore, China, and other EU countries for Agenda 2030. [ABSTRACT FROM AUTHOR]

This article seeks to shed light on debates about the right to be forgotten by offering a new account of the right as grounded in the confidence that the direction of one's life is up to one and worth the trouble that it takes to direct it. I show how this confidence is supported by what the right actually provides: the possibility of new social interactions unconditioned by information about one's past. This view avoids pitfalls facing other accounts of the right's moral basis, clarifies its relation to rights of privacy, and resolves several puzzles thought to face its practical application. [ABSTRACT FROM AUTHOR]

Copyright of Arab Journal for Scientific Publishing is the property of Research & Development of Human Recourses Center (REMAH) 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.)

Recognizing the importance of evidence-based research in informing migration policies and empowering migrant domestic workers (MDWs), this study aims to provide a comprehensive analysis of MDW research patterns and trends. Using a descriptive cross-sectional study design, research articles on MDWs were retrieved from the Scopus database. The findings reveal a substantial increase in research output in recent years, with notable contributions from journals in the fields of social sciences and humanities. Key contributors include scholars from the United States, the United Kingdom, and institutions such as the National University of Singapore and the Chinese University of Hong Kong. Journals in the field of migration have prominent role in publishing research on MDWs. At the author level, Yeoh, B.S.A, at the National University of Singapore was the most prolific author. Academic activities were the main driver of research and that funding was suboptimal in this field. Highly cited articles focused on topics such as transnational motherhood, the international division of reproductive labor, and the negotiation of citizenship rights. Major research hotspots in the retrieved articles included mental health aspects, caregiving especially of the elderly, and struggles for legal rights. Specific nationalities, such as Filipina/o and Indonesian MDWs, have been the focus of numerous studies, shedding light on their narratives, challenges, and agency within transnational contexts. Overall, this study underscores the urgency of addressing the needs and rights of MDWs, advocate for human rights, and enhance understanding of occupational health and safety in the unique context of domestic work. [ABSTRACT FROM AUTHOR]

This interdisciplinary scoping review addresses the involvement of spoken and signed language interpreters in statutory mental health assessments. Specifically, this inquiry seeks to identify and review pre-existing literature concerning the barriers to and facilitators of effective practice in interpreter-mediated statutory mental health assessments, and the extent to which interpreter mediation supports or impedes a person's legal rights and best interests in this context. An interdisciplinary team applied the revised Joanna Briggs Institute scoping review framework to review 44 items, including empirical and grey literature covering relevant aspects of the available body of knowledge across the fields of social work, mental health, and interpreting studies. The review concludes that there is a lack of direct evidence on interpreting practice in the context of statutory mental health assessments, which is significant considering the high-stakes scenarios that may lead to the deprivation of liberty. The findings suggest that there is insufficient evidence regarding necessary modifications to standard interpreting practices for such assessments, as well as how assessors should adapt their own practice in response to the need for interpreting. This work highlights the need for more focused research on good practices for interpreting within this context and calls for guidance to facilitate effective interprofessional collaboration between interpreters and other professionals engaged in these assessments. [ABSTRACT FROM AUTHOR]

Copyright of College of Basic Education Researches Journal is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Policy & Internet is the property of Wiley-Blackwell 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 purpose of this study is to explore legal certainty and effectiveness from the perspective of progressive law in dealing with social, economic, and cultural dynamics that exist in rural communities related to the use of receipts as proof of land ownership. The case study approach was carried out on the people of Genteng Village who mostly carried out land purchase and sale transactions, both certified and uncertified, only proven by a receipt without any AJB, let alone a name change. The qualitative analysis process is carried out qualitatively in three main stages. The results of the research show that the law should be seen as a means to protect and promote human rights as well as social welfare. The existence of informal evidence such as sale receipts creates significant legal uncertainty for the people in Genteng village. For stakeholders, namely village officials, and the government should be more aggressive in providing counseling and assistance to make the PTSL program a success. Further research could also focus on developing innovative legal and procedural frameworks that simplify land registration while addressing cultural and socioeconomic barriers to formalizing land ownership, which could provide valuable insights for policymakers aiming to strengthen land rights and reduce legal uncertainties in informal transactions. [ABSTRACT FROM AUTHOR]

This article philosophically analyzes the pathology of inter-party politics in East Timor in 1974-1975, based on Honneth's thought on the politics of recognition. The purpose of this study is to try to see the root of political pathologies between political parties philosophically. In the philosophy of recognition, the inter-party political pathology of 1974-1975, is a form of disrespect between political parties in Timor Leste, which causes various forms of disrespect, such as physical violence (murder), denial of legal rights and denial of way of life. Honneth in his book the struggle for recognition, explains that ireconhecimento can be overcome by forms of recognition, including through love, legal rights and solidarity, so that unity can be realized. And the most important thing that must be done in finding the root of political pathology is pathological diagnosis. Pathological diagnosis will be used as a way to analyze the root of the birth of inter-party political pathology in Timor Leste. [ABSTRACT FROM AUTHOR]

This study investigates how labour provisions in both EU and US trade agreements impact on decent work in countries that ratified such agreements. It uses a new database of workers' rights spanning a large cross-section of 125 partner countries. The results show that such labour provisions in EU trade agreements are only effective in reducing violations of workers' rights in member countries, while those of the US were not effective in reducing the total violations of workers' rights for member countries. Further evidence shows that both the EU and US labour-inclusive trade agreements significantly increase the violations of their rights in practice – indicating inadequate enforcement of labour provisions. Such evidence highlights that labour provisions in trade agreements may bolster the protection of legal labour rights without an improvement in their practical application. This calls for a strong commitment to the implementation of decent work policies by aligning domestic labour practices to international best practices. [ABSTRACT FROM AUTHOR]

Introduction: Recent research shows an increase in polyamory and acceptance of polyamorous relationships. However, there is still limited research on broader attitudes toward monogamy and polyamory, particularly regarding legal rights and with a national sample. This study examines the impact of cohort, sexual orientation, and contact with polyamorists on attitudes toward monogamy and polyamorous legal rights. This research has the potential to bring more attention to polyamorous relationships, disrupt heteronormative views of relationships, and consider legal rights for those in relationships involving more than two people. Methods: We use data from a sample of 2665 adults from the 2021 American Marriage Survey, a national survey focused on attitudes toward marriage post-marriage equality, to consider the relationship between cohort, sexual orientation, contact, and attitudes toward mononormativity and polyamory. Results: Overall, there is support for the idea that monogamy is the norm while people are generally not supportive of granting legal rights for polyamorous relationships. Younger cohorts, LGBQ individuals, and those who know a polyamorous person are less likely to support mononormativity and more likely to support legal rights for polyamorous relationships. Furthermore, contact has a stronger impact on attitudes of Millennials and LGBQ individuals. Conclusion: While mononormativity remains the norm and polyamory is not widely supported, given patterns of greater acceptance among younger cohorts and LGBQ individuals, there is a good possibility that acceptance will increase over time. Policy Implications: This research has the potential to bring more attention to polyamorous relationships, disrupt heteronormative views of relationships, and consider legal rights for those in relationships involving more than two people. [ABSTRACT FROM AUTHOR]

Two of the most widely discussed concepts in the public administration literature are administrative evil and street level discretion. Today, few would deny, that administrators (particularly street level bureaucrats) exercise personal judgment in carrying out their broadly defined responsibilities. Street level bureaucrats have considerable power in how they perform their day-to-day duties. They often use their discretion judiciously, however, at times public sector representatives abuse their power when they inflict unnecessary pain and suffering on others. Three case studies are presented in this paper. One case study describes illicit behavior by military personnel in a war zone during the Vietnam War. Two case studies describe and the actions of police officers in the cities of Baltimore and New York. These case studies identify situations where relatively low-level personnel felt empowered to act with impunity in depriving people of human and legal rights. The cases illustrate the need for strict oversight in organizations, especially in organizations where use of deadly force is authorized under specific conditions. As illustrated by the three cases, abuse of discretion can facilitate administrative evil. The environment of organizations is viewed as strongly influencing compliance or lack of compliance with reasonable norms of behavior. [ABSTRACT FROM AUTHOR]

Research shows that restrictive immigration policies and practices are associated with poor health, but far less is known about the relationship between inclusive immigration policies and health. Using data from the United States natality files, we estimate associations between state laws granting undocumented immigrants access to driver's licenses and perinatal outcomes among 4,047,067 singleton births to Mexican and Central American immigrant birthing people (2008–2021). Fitting multivariable log binomial and linear models, we find that the implementation of a license law is associated with improvements in low birthweight and mean birthweight. Replicating these analyses among U.S.-born non-Hispanic White birthing people, we find no association between the implementation of a license law and birthweight. These findings support the hypothesis that states' extension of legal rights to immigrants improves the health of the next generation. [ABSTRACT FROM AUTHOR]

This article addresses the question of how the recent political context of Brazil shapes violations of various kinds against Quilombola communities in Brazil. Using data from online news sources, we track violations from 2016 to 2020 related to land disputes, physical attacks and threats, and environmental issues. We show that, despite the legal rights accorded to these communities since the 1988 constitutional reform and subsequent processes of democratisation, vested interests in the agricultural lobby and a later authoritarian turn, especially after 2016, led to a dismantling of social and economic policies for Quilombos. The violations suffered by these communities result from the denial of their collective identities as constitutional subjects and the non-recognition of their dignity, which are the product of historical processes of inferiorisation that have treated some people as non-subjects or not eligible to bear rights, based on colonial classifications but still present in the dominant society. [ABSTRACT FROM AUTHOR]

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

Royalty rates are an essential contractual provision to reduce the risk of opportunism in franchising partnerships, many of which are international. However, extant research provides limited insights into the factors that determine the level of royalty rates in international franchise agreements. To address this gap, the authors conceptualize and empirically test a model that treats country characteristics (economic potential, legal rights protection, and cultural distance) and contract characteristics (territorial exclusivity and contract duration) as drivers of royalty rates, accounting for product-market profile and service type as potential contextual factors. Using a unique data set comprising 125 international franchising contracts between franchisors and franchisees from 19 countries, the authors find that economic potential (but not territorial exclusivity) is associated with higher royalty rates, whereas legal rights protection, cultural distance, and contract duration are associated with lower royalty rates. Although these relationships are robust across business-to-consumer and business-to-business markets, the impact on royalty rates of economic potential is more pronounced, and that of legal rights protection is less pronounced, for services targeting people (e.g., hospitality) than for services targeting their possessions (e.g., financial services). This work extends the literature exploring the contracting stage of international franchising and provides insights that inform franchisors' and franchisees' decisions related to the design of such contracts. [ABSTRACT FROM AUTHOR]

Financial service professionals can offer exceptional service to their clients by counseling them about the legal rights and planning opportunities available in an employer-provided retirement plan. Helping clients understand possible reductions to benefits, opportunities to increase benefits, prospects for longevity protection, strategies for survivor protection, plan investment options, and other issues may make a meaningful difference in a client's retirement. [ABSTRACT FROM AUTHOR]

The present article investigates key dilemmas in collective legal mobilization initiatives in the field of asylum and migrants' rights. Focusing on my own experiences from working in the Asylum Commission -- a trans-sectional mobilization initiative that ran in Sweden from 2019 to 2022, involving researchers, civil society representatives, and professionals -- I analyze two central dilemmas that characterized our work. First, I consider how we collectively struggled for the legal right to asylum and through this struggle also reproduced injustices and potential border control harms which are embedded in asylum regulations. Second, I analyze how the Commission strived to provide a knowledge-based account of the consequences of legislative changes post the long summer of migration in 2015 that would have an impact on future legislation, while simultaneously taking an open stand in solidarity with people who were excluded from the legislative process; i.e., asylum seekers. The article underlines the need for sociolegal research that highlights ways to address dilemmas in legal mobilization work and offers empirical insights from collective mobilization for migrants' rights in a Northern European country. [ABSTRACT FROM AUTHOR]

The article reviews the legal mechanism of securing a claim in civil procedural law, which is considered one of the main tools for effective enforcement of court decisions. The focus is on how the mechanism of securing the claim deals with the protection of the rights and interests of the parties, and the right to damages serves the legal rights of the defendants. To protect the interests, so as not to cause unreasonable damage. The article discusses the importance of the principles of competition and inquisitivity, which ensure the fairness and impartiality of the legal process. The principle of competition aims at the equality of the parties, while the inquisitorial principle provides for the intervention of the court when the defense party is weak or there are other circumstances that It prevent an objective decision from being made. [ABSTRACT FROM AUTHOR]

Copyright of Alauddin Law Development Journal is the property of Alauddin Law Development Journal (ALDEV) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Alauddin Law Development Journal is the property of Alauddin Law Development Journal (ALDEV) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Alauddin Law Development Journal is the property of Alauddin Law Development Journal (ALDEV) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This study aims to find out the implications of condemnatoir decisions in child custody cases in the jurisdiction of the Denpasar Religious Court, and the obstacles faced in the implementation of the execution of child custody decisions in this jurisdiction. The study employs both normative and empirical approaches, focusing on the norm vacuum regarding the enforcement of Hadhanah (child custody) decisions. The data analysis involves a legal analysis of the normative sources to interpret and evaluate the current laws, complemented by qualitative analysis of empirical data to identify patterns, issues, and challenges in the execution process. The research offers valuable insights into the practical difficulties of enforcing child custody rulings, which could inform legal reforms or improvements in the judicial process to better protect the interests of the child and ensure compliance with judicial decisions. [ABSTRACT FROM AUTHOR]

In this article, we describe and analyse police managers' response to incidents of gender and sexual harassment as they play out in a police workplace context. The aim is to examine managers' supervisory discretion in safeguarding employees' legal rights, through three research questions: 1) What implicit understandings of sexual harassment, in the organisation, are made visible by managers´ approach to harassment; 2) what do these implicit problem understandings mean for which incidents become legitimate and illegitimate experiences of harassment in the organisation; and 3) which types of harassment incidents are employees protected against? Based on two cases of harassment, observed during 6 months of fieldwork, we explore and analyse humour and managers' power of definition, applying socio-legal perspectives on implementation of laws and rights in a work context. Through this, small incidents of everyday harassment become visible and highlight the role of police managers in transforming policy to action. [ABSTRACT FROM AUTHOR]

The International Court of Justice (ICJ) has the power to indicate provisional measures to preserve the rights of the States. States resorting to provisional measures as a first line of defence has recently increased exponentially. One of the requirements for rendering provisional measure is 'plausibility', which got its inception courtesy the separate opinion of Judge Abraham in the Pulp Mills case (2009). Lately, provisional measures orders have been invoked through human rights treaties. However, the surge in requests for provisional measures has also resulted in the ICJ setting out inconsistent plausibility standards. Additionally, the late Brazilian Judge Cancado Trindade endorsed 'human vulnerability' as the standard test in provisional measures orders over plausibility. In this article, the author comprehensively analyses the 'plausibility test' in human rights cases and argues that the ICJ has adopted an inconsistent approach to interpreting plausibility standards. The author also recommends balancing human vulnerability with plausibility in human rights cases to indicate provisional measures. [ABSTRACT FROM AUTHOR]

Competency to stand trial (CST) evaluations ensure that defendants have the capacity to utilize their civic right to participate in their legal defense. The evaluations are referred to as the most commonly requested forensic mental health assessment. However, the need for these evaluations currently outstrips state resources, leading to exorbitant waitlists across the country. Given the extensive waitlists and limited resources relating to these evaluations across the United States, it is important to evaluate potential approaches to expedite the process. New York is one of the several states to require two reports for each initial competency referral. Although New York allows the required examinations to be conducted individually or jointly, and recent recommendations have suggested that clinicians jointly conduct these evaluations when possible, no previous researchers have examined the impact of jointly conducting competency evaluations. This study examined 166 initial CST evaluations for 83 defendants referred for competency treatment that were conducted in New York State in 2015. The joint evaluations produced greater consistency regarding clinical diagnosis and the legal basis for competence but did not impact CST recommendations. The findings support the recommendation to jointly conduct evaluations when possible in states that require two initial evaluations. [ABSTRACT FROM AUTHOR]

The article discusses a practice guide for preparing mental health pre-sentence reports in the South Australian criminal justice system. The guide, written by the Magnolia Project and the Aboriginal Legal Rights Movement, aims to strengthen the cultural content of these reports and raise awareness of the potential relevance of First Nations cultures. It addresses the overrepresentation of First Nations people in the prison system and highlights the need to eliminate social exclusion and legal vulnerability. The guide also provides information on values, principles, knowledge base, court approaches, and examples of work in other jurisdictions. It is a valuable resource for legal and medical professionals and is freely accessible online. [Extracted from the article]

Previous studies often attribute the poor enforcement of intellectual property rights (IPR) law in non-Western countries to environmental constraints, including social, political, or cultural factors. This article tries to reorient our focus to two intrinsic characteristics of legal rights appertaining to their social forms: the intangibility of the constructed legal object and the scope of contradictions among legal subjects. Based on 85 in-depth interviews from six IP-intensive industries in China, I propose a theoretical framework for combining the "textual" and contextual dimensions of studying legal transplants – the susceptibility of law. I argue that the intrinsic qualities of the IP legal concept imply a sizable gray space, making it difficult to interpret, hard to enforce, and thus more susceptible to specific contextual influences. The country-level contextual environment does not provide adequate technique, legitimacy, and experience to effectively enforce IPRs in general, yet some industries may benefit from a set of sub-contexts that provide compensatory support through product-embedded standardizations or network-embedded norms. Although these sub-contexts are not enough to produce a robust IPR regime as in the West, they do generate pockets of effectiveness, allowing industries to muddle through and profit, and an otherwise foreign institution gradually to take root. [ABSTRACT FROM AUTHOR]

The Indonesian government signed a declaration on the Elimination of Violence Against Women (1993) in 2014. However, at a technical level, violence against women still often occurs due to Domestic Violence (KDRT) in Indonesia. The purpose of this writing is to understand the implementation of laws and the protection of women's human rights against domestic violence from the perspective of international law. The research results show that the entry of the public law system into the domestic realm, namely domestic life, is one of the new developments in the field of human rights, especially in Indonesia. Domestic Violence (KDRT) has become a common agenda in the last few decades. The facts show that domestic violence has quite a negative effect on women as victims. The research that has been carried out is normative legal research which is focused on norms and also legal objects as the main data, and a book consisting of rules, and the truth of the research that has been carried out. All forms of violence have violated human rights as regulated in Law No. 23 of 2004 concerning the elimination of domestic. [ABSTRACT FROM AUTHOR]

Attracting qualified workers from a third country is an important element for maintaining the economic development and competitiveness of the Republic of Bulgaria. In Bulgaria, as in other member states of the European Union, the access of third-country nationals to the labor market is regulated in order to ensure controlled migration and protect jobs for the local population. The purpose of this presentation is to make a general scientific and educational analysis of the legal regime of the right to access the labor market and to present to the reader in a systematized form only those provisions of the law that refer to the types of legal regime of access to the labor market of third country nationals. [ABSTRACT FROM AUTHOR]

Copyright of Visionary E-Journal / Vizyoner Dergisi is the property of Suleyman Demirel 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.)

Copyright of Critique of Law: Independent Legal Studies / Krytyka Prawa: Niezalezne Studia nad Prawem is the property of Akademia Leona Kozminskiego 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.)