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In today's digitally connected world, privacy has transformed from a fundamental human right into a multifaceted challenge. As technology enables the seamless exchange of information, the need to protect personal data has grown exponentially. Privacy has emerged as a critical concern in the digital age, as technological advancements continue to reshape how personal information is collected, stored, and utilized. This paper delves into the fundamental principles of privacy and explores the potential harm that can arise from the mishandling of personal data. It emphasizes the delicate balance between safeguarding individuals' privacy rights and fostering innovation in a data-driven society. By analyzing key privacy principles and their implications, this paper explores the foundational privacy principles that define the concept of privacy while delving into the potential harms that can arise when these principles are violated.

In 1974, the United States Congress asked a question prompting a national conversation about ethics: which ethical principles should govern research involving human participants? To embark on an answer, Congress passed the National Research Act, and charged this task to the newly established National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Commission's mandate was modest however, the results were anything but. The outcome was "The Belmont Report:" a trio of principles -- respect for persons, beneficence, and justice -- serving as an ethical compass for scientists, researchers, and institutional review boards (IRBs). Almost 50 years later, the utility, legacy, and ingenuity of "The Belmont Report" continues to be both admired and challenged. Critics argue that Belmont is not fit for the 21st century, while supporters praise "Belmont" for its enduring wisdom. The goal of this paper is to equip IRB practitioners with the tools necessary to maximally interpret "The Belmont Report" and meaningfully engage in ethical analysis that reconsiders outmoded legacy thinking and fixed decision-making. Through historical and contextual reflection, this paper describes how IRB practitioners can contemporize review of ethical human research using their moral imagination - a skill found at the intersection of creativity, deliberation, and empathy.

The purpose of this paper is to examine the current position and possibilities of teacher education for diversity in Japan, with reference to discussions on teacher education for diversity in other countries. To achieve this purpose, we pose the following two research concerns. One is the organization of international trends in teacher education for diversity and the clarification of their characteristics. The other is the clarification of the characteristics and challenges of current teacher education for diversity in Japan from the perspective of teacher education policy and practices in teacher preparation programs. In terms of the first concern, we focus on trends in discussions of teacher education for diversity in the United States and Europe, from which it is evident that teacher education for diversity is not simply about correcting the achievement gap in the context of educational equity but is designed to create an equitable and inclusive society. This is a rethinking of teacher education in relation to the state of society and has the potential to take the debate on attempting to ensure equity in the school setting one step further. Regarding the second concern, we focus on human rights education in teacher education and analyze the contents of human rights education syllabi in teacher preparation programs, finding therein a focus on the development of knowledge and understanding of individual issues related to human rights and the historical contextualization of issues. This means that human rights education in teacher preparation focuses on how to teach and promote human rights education in schools, so that teachers have few opportunities to consider the relationship between themselves and human rights, such as how they perceive human rights in society.

The "Convention on the Rights of Persons with Disabilities" was adopted with the intent of bringing about a paradigm shift in the way the general population perceives disability. The paper reports the findings of a qualitative inquiry that used a phenomenological approach to discuss the social grievances of persons with disabilities from a human rights-based perspective and in the context of the middle-income small island nation of The Maldives. Fifteen participants with disabilities, as well as carers and parents of children with disabilities, took part in the study. The findings indicated that the environment is physically disabling, and opportunities for participation, including access to quality education, and social protection for people with disabilities, are limited. The findings speak to the need for a shift in the social view that persons with disabilities are dependants to enabling human diversity and facilitating the capabilities of persons with disability, their dignity and meaningful engagement in society. The paper concludes there is a need to explore further approaches to encouraging a shift in society and using a human rights approach to social protection to make progress towards the "Leave No One Behind Agenda of 2030."

This paper explores how the concept of plurilingualism is positioned to act as an impetus for linguistic and cultural inclusion in human-rights-based language education. Drawing on frameworks foregrounding descriptors for plurilingualism and democratic citizenship, the paper employs discourse analysis and sorting techniques to identify and align strategies of linguistic and cultural inclusion found in multimodal plurilingual task artefacts collected from a multi-year, multi-site research partnership between a Canadian university and the Italian Ministry of Education. The findings reveal that the implementation of plurilingual tasks aligns with key elements of democratic, rights-based language education, including critical understanding of communication, openness to cultural otherness, cooperation skills, and the valuing of cultural diversity. The findings of this paper contribute to further understanding of the concept of plurilingualism and to empirically informed perspectives on pedagogies that support language rights as human rights in education.

Despite the legislation put in place by the United Nations, Africa continues to grapple with issues of monosexism and heterosexism. In fact, of the 54 African countries, 33 have criminalised queer relationships, a legacy primarily attributed to colonial rule. However, social work literature has recently introduced a culturally sensitive model for working with the LGBTQIA+ community, known as Queer affirmative action. By utilising available literature and adopting an intersectional approach, which was collected and analysed through PRISMA, this paper aims to discuss the Africanising of sexuality in Africa. It argues that it is crucial to undertake a critical analysis of the colonial legacy and its impact on queer identities. Furthermore, the article posits that social work education must incorporate knowledge of the intersection of gender, sexuality, and other identity markers to form an inclusive and comprehensive approach towards practice. An affirmative philosophy to social work practice can serve as a counterweight to all punitive and discriminatory practices. Thus, in Africa, the most effective way to improve the well-being of queer individuals is to eradicate structural forms of inequality and decriminalise same-sex consensual relationships.

Studies on digital rights in education have both gained attention and provided a framework for research, policy and practice in educational research within the field of educational technology. The potential benefits we appreciate in Internet use are inseparable from the maximum risks involved. Faced with this responsibility, individuals demand that their rights and freedoms be guaranteed in the digital environment according to their various roles as students, teachers, families or staff. This scoping review selects and analyses 54 theoretical and empirical studies from the last decade (2013-2023), identifying the main topics investigated as privacy protection in online environments, right to digital security or cybersecurity, and right to digital education. The review underscores the need to guide efforts towards digital education for citizens because the legal regulation of rights and responsibilities is necessary but insufficient. The paper also makes arguments about acceptance, limitations and implications for teacher training.

On 23 December 1994, the UN General Assembly adopted a plan of action for the United Nations decade for human rights education (HRE). 30 years later, this challenge is still increasing. As Hannah Arendt pointed out, human rights are valuable only as political rights, not for abstract individuals but for natural communities. While HRE in schools and classrooms is in focus, the context of adult education transfers philosophical and political thoughts into an educational context, particularly concerning biographical traumatic situations such as refuge and expulsion. Therefore, this paper presents and explains adult education approaches which facilitate coping strategies with ethical perplexities by evaluating the 30 Articles of the UNO Declaration of Human Rights of 1948.

Students are increasingly relying on contract cheating (CC), a phenomenon in which a third party completes the assignment, quiz, or homework for students in exchange for a fee. Using an exploratory qualitative method and underpinned by critical theory and social responsibility theory, this study explored the perceptions of faculty members regarding CC in the United Arab Emirates' (UAE's) higher education institutions. In particular, this study addressed how faculty members perceive and deal with CC in contexts where policies towards the practice are absent from higher institution honour codes. Using thematic analysis, the results showed that CC arouses the indignation of faculty and staff to the violation of individual and religious rights. Also, they believe they have a sense of responsibility towards students and the community. The results also showed that faculty members' hesitation in reporting CC incidents was due to their perceived lack of support from higher administration institutions and the lack of clear procedures in ethical manuals. This paper concludes with practical recommendations for faculty and staff, managers, department heads and decision makers to mitigate this phenomenon proactively.

Academic researchers publish their work in various formats, such as papers, patents, and research reports, on different academic sites. When searching for a particular researcher's work, it can be challenging to pinpoint the right individual, especially when there are multiple researchers with the same name. In order to handle this issue, we propose a name disambiguation scheme for researchers with the same name based on heterogeneous academic sites. The proposed scheme collects and integrates research results from these varied academic sites, focusing on attributes crucial for disambiguation. It then employs clustering techniques to identify individuals who share the same name. Additionally, we implement the proposed rule-based algorithm name disambiguation method and the existing deep learning-based identification method. This approach allows for the selection of the most accurate disambiguation scheme, taking into account the metadata available in the academic sites, using a multi-classifier approach. We consider various researchers' achievements and metadata of articles registered in various academic search sites. The proposed scheme showed an exceptionally high F1-measure value of 0.99. In this paper, we propose a multi-classifier that executes the most appropriate disambiguation scheme depending on the inputted metadata. The proposed multi-classifier shows the high F1-measure value of 0.67. [ABSTRACT FROM AUTHOR]

This paper focuses on the constitutional perspective of surrogacy in Colombia and identifies four key elements relevant to its analysis. It analyzes the autonomy of will as the basis of the surrogacy agreement; incorporation of the international principle of the child's best interests in surrogacy; guarantee of the fundamental rights of the participants in the surrogacy agreement, especially sexual and reproductive rights; and impact of surrogacy in the constitutional idea of family. Finally, the paper considers the situations wherein the constitutional elements may come into dispute. The potential legal regulation of surrogate motherhood represents a challenge for the legal system, as it involves various constitutional values, principles, and rights that may contradict each other in the practical development of the concept. This paper reveals what these values, principles, and rights entail and how they are defined within the framework of surrogacy, thereby contributing to the debate on the optimal legal framework of the full validity of these values, principles, and rights. [ABSTRACT FROM AUTHOR]

This study endeavors to examine the phenomenon of whistleblowing within the context of freedom of expression. The paper is organized into three key segments, each addressing distinct aspects. Initially, it delves into the challenges and complexities inherent in conceptualizing whistleblowing. Subsequently, the paper establishes a theoretical foundation for the fundamental rights approach to whistleblowing, laying the groundwork for the final section: an analysis of whistleblowing cases through the lens of the European Court of Human Rights' case law. The research methodology employed comprises secondary analysis (desk research) and legal case studies. The study aims to achieve a dual purpose: firstly, to offer a comprehensive understanding of the legal analysis and interpretation of whistleblowing; and secondly, to elucidate the evolving legal standards and criteria governing whistleblowing in the context of freedom of expression over recent years. [ABSTRACT FROM AUTHOR]

This paper is a culmination of an empirical study which sought to investigate the ethical dilemmas and Clientelism in the allocation of low-cost houses. Section 26 (1) of the Constitution of the Republic of South Africa, 1996 eloquently states that ‘everyone has the right to have access to adequate housing’. Low-cost houses commonly known as ‘RDP houses’ are government’s approach in responding and respecting the constitutional right to adequate housing for all deserving South Africans. This paper argues that the low-cost housing system in South Africa is concocted by ethical dilemmas and conflict of interest such as corruption, nepotism, administrative discretion, and policy dilemmas amongst others. The paper adopts a combination of mixed methods (qualitative and quantitative research approaches) and content analysis. The paper followed a case study approach whereby 10 selected villages within the jurisdiction of the Greater Giyani Local Municipality, Limpopo Province were randomly sampled for data collection. Therefore, questionnaires were administered and collected, interviews conducted and documents relating to the discourse of this study were analysed in context of the general objectives of the study. This was done with a view of proposing recommendations that can be used to minimise and curb unethical conduct and the use of public goods for the benefit of political parties, particularly those running the machinery of government. [ABSTRACT FROM AUTHOR]

In the era of digitization, data has become a pivotal force driving advancements across various sectors and transforming legal systems worldwide. China, in particular, is exploring new data-driven governance models. A prime example of this is its integration of the patent system with the Social Credit System (SCS). This paper aims to fill the void in theoretical research on this subject, moving beyond the prevalent narrative of the SCS as either a tool of state surveillance or a reputation-based regulatory mechanism. Instead, it introduces the concept of personalized law in the context of China's patent system. The paper suggests that the integration of social credit data within China's patent law system aligns the system's operations more closely with its objectives. This offers a personalized approach that provides individual market entities with tailored incentives based on their unique characteristics. To analyze this approach, the paper proposes a novel four-part analytical framework: profiling, personalization, communication, and adjustment. The paper then applies this framework to the two core mechanisms that result from the integration of the patent system with the SCS: the Reward and Punishment Mechanism and the Tiered Regulation Mechanism. This analysis reveals that these mechanisms are still in the stage of crude personalization and grapples with challenges such as narrow data scope, lack of transparency, and over-penalization. The paper discusses two implications of personalized law reform: the redistribution of power toward administrative bodies--which necessitates a rebalancing of powers to avoid abuse and protect individual rights--and the possible expansion of the law's functions--which might not align with existing normative theories and might have unintended consequences. The process of personalization requires scholars and policymakers to adapt and refine these theories as well as to identify and eliminate unintended consequences. [ABSTRACT FROM AUTHOR]

One of the major limitations of the cultural relativist contention is its property to rank group rights above and beyond individual rights. This paper, however, contends that such a postulation is utilitarian in character. It suggests that what is good for the many is conclusive as to the justness of an outcome. The paper further underscores that IHRs regime must be seen as an indivisible structure of interconnected sets of rights and freedoms within which the significance of each right and/or freedom is augmented or guaranteed by the synchronous protection of all other rights and/or freedoms. This proposition is pertinent to the enduring tension between IHRs standards and cultural practices in the African debate on human rights. Indeed, when juxtaposed against IHRs standards, certain cultural practices are evidently inimical to the inherent human dignity, contrary to the universal vision for the human rights regime. It stands to reason that, in the event of an irreconcilable friction between individual and group rights, the former must supersede the latter. The paper concludes that the long-standing normativity of specific traditional or cultural practices cannot plausibly be invoked as a defense for the continuation of harmful cultural practices, such as FGM, considering that such practices hardly ever fall within the meaning of the group right to culture under IHRL and are, therefore, pernicious to the IHRs standards as culturally constituted. [ABSTRACT FROM AUTHOR]

The application of the EU Charter of Fundamental Rights to the Member States has given rise both to a controversial phraseology and a controversial case-law. This paper offers a reconstruction of the constitutional intent and proposes a conceptualization in conformity with the structural function and the constitutional contemplation of the pouvoir constituent. As to the phraseological debate, it demonstrates that the Charter's application to the Member States may occur by reason of either "implementation" or "interpretation" of EU law and the two strands are embraced but not synthetized by "scope" as a collective term. As to the substantive debate, it demonstrates that the CJEU's case-law on "implementation" is not only amorphous but also inconsistent with the Charter's constitutional mandate. The paper proposes a novel approach based on the notion that the application to the Member States is accessory to the supremacy of EU law. The paper's argument is presented in the following steps. First, the paper presents the pristine rationale and constitutional function of the application to the Member State through its emergence and historical context. Second, it provides a taxonomy and critical overview of the CJEU's amorphous case-law and presents the Court's futile attempt to create a coherent doctrine that faithfully reproduces the constitutional contemplation behind the diagonal application and that reflects the division of competences between the EU and its Member States. Third, it sets out the proposed doctrine of "displacement." [ABSTRACT FROM AUTHOR]

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

Islam influences Muslim societies through rules, regulations, and legislation. This paper highlights Islamic principles and legislation that protect the rights and dignity of older adults and compares them to policies and laws that have been applied and implemented in the United Arab Emirates. A comparative method was utilised to conduct this study, relying on sources that present the rights of older adults in Islamic Sharia, as well as official sources from the United Arab Emirates, where information on laws and regulations related to older adults is published. [ABSTRACT FROM AUTHOR]

The characteristic that made the U.S. Constitution effective is the transcendence of the concepts it embodies. This essay seeks to define transcendence, its relationship to originalism in Constitutional interpretations, its historic origins, the consequences of rejecting them, and provide a truly originalist standard for Supreme Court decision-making. This transcendence has resulted in the U.S. being the only democracy since the Roman Republics to have been sustained over the long-term. Four specific areas are suggested by the Federalist Papers and many federal decisions over the last 50 years in the areas of civil rights, balance of power, public virtue, and judicial restraint. In civil rights, restoring the Constitutional diversity of this extended Republic would reverse the present "diversity, equity and inclusion" and its destructive policy. The recovery of the free exercise of religion from its "sincere personal belief" status would encourage a moral way of thinking and living by restoring Article I in the Bill of Rights to its proper status. [ABSTRACT FROM AUTHOR]

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.)

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil 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 sustainable development goals (SDGs) are a guide for caring for the planet, guaranteeing the fundamental rights of its inhabitants and shaping sustainable economic growth. In the current context, characterised by great challenges and geopolitical conflicts, the figure of the CEO is key to driving the necessary transformation of companies and the prioritisation of their commitment to the current challenges of the world we live in. In this regard, the aim of this paper is to deepen current knowledge on the role of CEO visionary leadership in shaping inclusive and sustainable business models aligned with the goals of the 2030 Agenda. For the period 2019–2022, we study the information reported by the top 3910 companies worldwide on their contributions to the SDGs and analyse whether these commitments are determined by the structural power of the CEO within these companies. The results obtained confirm previous arguments, contradicting some of the previous evidence. In this sense, our findings show that the information disclosed by companies in relation to projects aligned with the SDGs is positively associated with leadership figures who wield power that allows them to influence the agenda and decisions made by the board of directors. The influence of leaders is reinforced in scenarios where companies excel in sustainability performance. [ABSTRACT FROM AUTHOR]

Recommender systems are used to provide relevant suggestions on various matters. Although these systems are a classical research topic, knowledge is still limited regarding the public opinion about these systems. Public opinion is also important because the systems are known to cause various problems. To this end, this paper presents a qualitative analysis of the perceptions of ordinary citizens, civil society groups, businesses, and others on recommender systems in Europe. The dataset examined is based on answers submitted to a consultation about the Digital Services Act (DSA) recently enacted in the European Union (EU). Therefore, not only does the paper contribute to the pressing question about regulating new technologies and online platforms, but it also reveals insights about the policy-making of the DSA. According to the qualitative results, Europeans have generally negative opinions about recommender systems and the quality of their recommendations. The systems are widely seen to violate privacy and other fundamental rights. According to many Europeans, these also cause various societal problems, including even threats to democracy. Furthermore, existing regulations in the EU are commonly seen to have failed due to a lack of proper enforcement. Numerous suggestions were made by the respondents to the consultation for improving the situation, but only a few of these ended up to the DSA. [ABSTRACT FROM AUTHOR]

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

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

This paper highlights how the use of the argument of vulnerability is bringing an interesting approach to the human rights practice insofar as it enables a context-sensitive assessment of violations of these rights. The concept of vulnerability is a heuristic device that may contribute to identifying the violations of rights and explaining the peculiarities of cases. Vulnerability is a human condition and hence gives rise to fundamental needs. It is associated to its negative aspect of susceptibility to harm. In order to prevent the occurrence of harm and socially generated suffering, moral and legal obligations arise of protecting individuals from such threats by attending to their dignity. The notion assumes a substantially hermeneutical-interpretive value. Vulnerability suggests a promising intertwining with the framework underpinning human rights. It can be used as a criterion for human rights adjudication. [ABSTRACT FROM AUTHOR]

The exploration of religious beliefs within the confines of Chinese prisons presents a nuanced inquiry into the intersection of faith, correctional policies, and human rights. This study delves into the underexplored domain of how religious practices and beliefs are navigated within the Chinese penal system. Despite constitutional assurances for religious freedom, practical applications within prison walls reveal a nuanced tapestry of control, accommodation, and, at times, suppression. This paper aims to shed light on these complexities through interviews with prison officers, offering a rare glimpse into the 'hidden corners' of religious observance in Chinese prisons. It critically examines the balance between state control, the rehabilitation agenda, and the individual's right to spiritual belief and practice, proposing a more inclusive approach to fostering religious diversity and freedom within the correctional environment. [ABSTRACT FROM AUTHOR]

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

Problems related to privacy and security preservation are in the scope of the concerns of governments and policymakers because of their impact on fundamental rights. Users are called to act responsibly whenever they are potentially exposed to related risks, but governments and parliaments must be proactive in creating safer conditions and a more appropriate regulation to both guide users towards good practices and create a favoring environment which reduces exposure. In this paper, we propose a modeling framework to define and evaluate policies which identify and use appropriate levers to accomplish these tasks. We present a proof-of-concept which shows the viability of estimating in advance the effects of policies and policymakers' initiatives by means of Influence Nets. [ABSTRACT FROM AUTHOR]

This paper discusses a landmark ruling by the Chilean Supreme Court of August 9, 2023 dealing with the right to mental privacy, originated with an action for constitutional protection filed on behalf of Guido Girardi Lavin against Emotiv Inc., a North American company based in San Francisco, California that is commercializing the device "Insight." This wireless device functions as a headset with sensors that collect information about the brain's electrical activity (i.e., neurodata). The discussion revolves around whether neurodata can be considered personal data and whether they could be classified into a special category. The application of the present legislation on data (the most obsolete, such as the Chilean law, and the most recent EU law) does not seem adequate to protect neurodata. The use of neurodata raises ethical and legal concerns that are not fully addressed by current regulations on personal data protection. Despite not being necessarily considered personal data, neurodata represent the most intimate aspects of human personality and should be protected in light of potential new risks. The unique characteristics of neurodata, including their interpretive nature and potential for revealing thoughts and intentions, pose challenges for regulation. Current data protection laws do not differentiate between different types of data based on their informational content, which is relevant for protecting individual rights. The development of new technologies involving neurodata requires particular attention and careful consideration to prevent possible harm to human dignity. The regulation of neurodata must account for their specific characteristics and the potential risks they pose to privacy, confidentiality, and individual rights. The answer lies in the reconfiguration of human rights known as "neurorights" that goes beyond the protection of personal data. [ABSTRACT FROM AUTHOR]

Copyright of IDP: Revista de Internet, Derecho y Politica is the property of Universitat Oberta de Catalunya 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 paper explores the parallel between Judith Jarvis Thomson's argument for abortion rights based on bodily autonomy and the contentious issue of vaccine refusal. Drawing on Thomson's famous thought experiment involving a violinist, I present analogous scenarios involving medical decisions. I argue that if Thomson's reasoning holds, individuals also possess the right to refuse vaccines, even if it entails serious risk to others. The paper underscores the importance of recognizing that medical decisions, including vaccine refusal, should be evaluated within the framework of bodily autonomy and individual rights, challenging the prevailing opinion on this complex issue. [ABSTRACT FROM AUTHOR]

As it is known, the remarriage of the surviving spouse causes the extinction of his right of habitation, a just regulation that takes into account the special and personal character of this right. However, we have raised the question of how to assess, in practice, the situation in which the surviving spouse did not remarry, but lives, in a common-law relationship in that house with another person. In this context, with this paper, we aim to give a legal and equitable solution to this problem. [ABSTRACT FROM AUTHOR]

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Copyright of Díkaion is the property of Universidad de la Sabana 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 aim of the article is to draw attention to one of the current trends in climate litigation, in which the solution of a human rights issue becomes the essence of the dispute. This trend is known as the "human rights turn", whereby the failure to fulfil or adequately fulfil national or international climate commitments is linked directly to the violation of fundamental human rights. The paper notes the impact of this trend on the interpretation of some fundamental human rights (in particular the right to life, the right to respect for private and family life and the right to a clean, healthy and sustainable environment). It draws attention to the need to strike a balance between protecting the rights of present and future generations. The application of the principle of intergenerational solidarity and the principle of proportionality is a primary factor in addressing this issue. [ABSTRACT FROM AUTHOR]

The United States of America was on its move towards equal civil rights in the middle of 60s. The movement mostly formed and led by the personality of Martin Luther King, achieved many of its goals. The support of the Washington government was unquestionable, and the presidency of Lyndon B. Johnson made legislatively great moves in the way of remedy of the old injustice connected mostly with numerous Afro-American minority. From this point of view, it is not surprise that these steps could be signs of a positive turn. But was it actually true? However, there were still plenty things to do. It was clear that just few signatures on the papers with laws could not bring the change on their own. Change of the society takes some time and before everyone who meant the change seriously appeared a new challenge. The abolition of segregation meant that the focus of the ones who were discriminated shifted to the North of the USA and the question was whether King and his colleagues will be successful also there and how the nature of the struggle for the civil rights will change. [ABSTRACT FROM AUTHOR]

The meaning of the concept of freedom has constantly changed in history. In Ancient Greece, freedom referred to making a choice and doing something willingly; Hannah Arendt conceptualized it as a necessary discovery made by people in historical periods when the conditions for manifesting the idea of searching the same concept within oneself as an action were insufficient. Today, the concept of freedom has evolved into a dual meaning as negative and positive, shaped by the expressions of Isaiah Berlin. In this sense, the freedoms that we call classical freedoms, which the individual acquires because of being human, without considering the differences in religion, language, gender, and race, are evaluated in the context of negative freedoms. The basis of this understanding is the absence of pressure and coercion from the environment in which the individual lives rather than the creation of surplus value in the individual by external influence. However, with the deterioration of the freedom concept, the gains included in negative freedom have become a problem that the state needs to solve. The need for state intervention in creating a positive effect on the individual has emerged. The concept of positive freedom that emerged in this sense reveals itself in a structure that requires more than the intervention of others; it requires that individuals have control over their selves and that they have an active role in this dominance. Proponents of positive freedom argue that freedom means the individual dominates their own passions, desires, and all obstacles to self-realization. In order to achieve this, the state must firmly stand by the individual regarding collective freedoms. In this context, since the discussions on the concept of rights and freedoms in Turkey spread to negative and positive areas of freedom, this paper aims to show that presenting the concept with a single definition of freedom would be challenging. The re-reading has shown that the rights and freedoms in Turkey are derived from the concept of both positive and negative individual rights. However, it has been observed that the framers of the Constitution limited the fundamental rights and freedoms based on the idea that there should be a limit to the individual's rights and covered it in the necessary sections in the Constitution to ensure that the fundamental rights and freedoms could not be abused. [ABSTRACT FROM AUTHOR]

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

Artificial Intelligence (AI) is a contemporary phenomenon of vast scale, surpassing the uses and opportunities brought by the advent of the Internet, but which generates fundamental rights risks and legal challenges at an exponentially higher level. In the present study, we aim to explore the concept of artificial intelligence, the types of AI technologies, and the requirements for market introduction, with direct reference to the provisions of the new European Union AI Act. For a better understanding of the concept of Artificial Intelligence, we will classify AI systems considering the following criteria: the degree of risk, the algorithms used, the capabilities and functions, and the level of autonomy of the system. The paper highlights key aspects of AI Act regulation, focusing on high-risk and prohibited AI systems. Finally, the penalties for noncompliance with AI Act provisions are briefly outlined. [ABSTRACT FROM AUTHOR]

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While ESG thrives, labor rights are being left behind. Environmental, social, and governance standards largely ignore workers' rights to organize a union. American labor law has not kept pace with the technology that enables employers to engage in old-school and modern union-busting. Companies like Starbucks, Amazon, and Apple trimipet sustainability while using intimidation, surveillance, and coercion to quash their employees' attempts to unionize. As the SEC and EU begin to mandate workforce-related disclosures for publicly traded companies, it's time to revise ESG standards to prioritize sustainable labor rights. This paper is the first to propose changes to the ESG regime to fill critical gaps in legal protections for union organizing. [ABSTRACT FROM AUTHOR]

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

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

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

Copyright of Revista de Derecho Politico is the property of Editorial UNED 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.)