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The Rights of Intersex Persons to Establish a Family under Albanian Law. Practice of the ECHR

Author(s): Jorida Xhafaj / Language(s): English Issue: 2/2015

Gender identity is the way in which a person is selfidentified with a gender category, as for example to be female or male, or in some cases intersex, which is none of the distinguishable biological sexes. In principal, intersex persons are part of the society with their rights and obligations, which are not the same with those of the other members of society, in special areas of life. This paper aims to treat the right of intersex persons to marriage and to establish a family. The paper begins with an overview of definition of intersex persons, their rights, and focuses primarily on the right to establish a family. The right for a family life has found protection in the Albanian national legislation. The Constitution of the Republic of Albania of 1998 in its Article 53 stipulates that "everyone has the right to marry and have a family" establishing the principle of equality before the law, closely linked to the principle of non-discrimination. The legal provisions set a controversial position on the right to get married and to establish family relationships of the intersex persons, which is based on different arguments. For the purposes of the research, we aim also to compare the national legislation with the European principles and practice of the European Court of Human Rights (hereinafter referred as ECHR). The paper also includes the opinions and recommendations of Albanian institutions, as well as those of foreign ones, mainly European, in the area of human rights protection, and especially regarding the rights of the intersex persons.

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Judicial Institutions in Albanian Customary Law and in Comparison with Modern Law

Author(s): Njomëza Zejnullahu / Language(s): English Issue: 2/2015

This article compares judicial institutions of customary law and modern law. There are many discussions between authors regarding the relation between customary and modern law, specifically the impact of customary law in modern law. The role of the customary law is of crucial importance especially its impact in the positive law of the country. Although, the customary law was practiced years ago, similarities with current positive law are obvious. Many of the judicial institutions in Albanian customary law can be compared with similar ones in modern law, but is also crucial to identify differences between them. Main judicial institutions that served as enforcement mechanisms in Albanian customary law are identified in this article in comparison with respective institutions of modern law. In addition, it is important to view and analyse customary law in regard to its power as governing law in a given period. In this regard, an analysis of the Albanian customary law in view of Hart’s rule of recognition is provided.

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Similarities and Differences of the Emerging Prison Problems in England and Wales vs. Kosovo: a Sociological and Criminological Perspective

Author(s): Arben Lubach / Language(s): English Issue: 1/2015

Prisons are probably the most debatable institutions within the Criminal Justice System in any given country and as such demand contemporary explanation and understanding. Despite the fact that prisons affect the life of many people, not only of those incarcerated but also of their families and friends, nevertheless they do not receive the necessary attention; instead they remain the most enigmatic and less interesting organizations amongst the Criminal Justice System in general. This paper, by using a literature review approach, looks into some of the most important debates, similari-ties and differences respectively, about prisons in England and Wales, and Kosovo. Whilst most of the problems both countries are of similar nature, Kosovo nevertheless faces some additional prob-lems which are not visible in the England and Wales prisons. The paper further examines the caus-es of these problems in the Kosovo prisons and the involvement of the international community and their efforts in assisting Kosovo in fixing the problems in the field of corrections as part of the Ko-sovo state-building process. The paper will show that both countries face difficulties with similar problem areas such as overcrowding, running costs, and so on. However, compared to England and Wales, the problems Kosovo prison system is facing are of a more serious and complicated nature which require serious involvement of the Kosovo government and policy makers as well as the in-ternational community which has been present in Kosovo since 1999.

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American Jewish Altruism in Support of International Humanitari-an Intervention and Kosovo Peace-building

Author(s): Samet Dalipi / Language(s): English Issue: 1/2015

At the end of 20th century, parts of Europe get caught again by xenophobia’s which were hidden under the rug of the Cold War. Balkans was again at the heart of eruptions of nationalistic ideas and hegemonist aspirations. In resolving the last unsettled Kosovo case in the Balkans, west democra-cies corrected the mistake made at the beginning of the same century. In this direction gave input the Jewish community of USA. “We need to come out in defense of the defenseless victims ... can-not let people like Milosevic to continue killing men, women and children. We had to do this earlier, but not later or now”, said Elie Wiesel, the most prominent Jewish Nobel Prize winner, in a meeting with Holocaust survivors and veterans. This was not the only voice of the Jewish members in defense of Kosovo Albanians. A significant number of elite American-Jewish prominent politicians and diplomats, senior U.S. administration, from public life, have been cautious in pursuit of developments in Kosovo before the war. Altruism within Jewish elite influenced or advised U.S. policy makers on the necessity of intervention in Ko-sovo, to prevent scenarios prepared by the Serbian regime to de-albanize Kosovo. They decided and implemented the diplomacy of dynamic actions in stopping the repetition of the similarities of holocaust within the same century. What prompted this perfectly organized community in the U.S., with distinctive culture and other religious affiliations to people of Kosovo to support them during exterminating circumstances? Which were the driving factors on influencing the policy of most pow-erful state in the world in support of Albanians? This paper aims to illuminate some of the answers on the raised question as well as analyze the activities of most prominent American-Jewish personal-ities, some of their philanthropic actions that are associated with emotions, their principles and be-liefs to prevent human suffering and exodus of Kosovo Albanians, similar to their holocaust but with different actors.

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TEKIJA AND SURROUNDING AREAS: LOVE IN RED AND BLUE

Author(s): Vesna Trifunović / Language(s): English Issue: 03/2016

In the Djerdap gorge, squeezed between the rocky mountains and the Danube, powerful and mysterious, life takes place in small villages where everyone knows every-one, and when boys and girls come of age and become men and women they follow the customs of their ancestors. They look up to the elderly, listen to their recommendations if they did not escape the fate of patriarchal social integration; or they feel free to act in a manner which they themselves choose, if the urge to fight for freedom of choice, when it comes to "matters of the heart", is strong enough to outgrow the fear of reproach and punishment of the elderly. Here, at the crossroads of worlds which are divided by a large river , Serbian, Romanian, and Vlach traditions meet, which are sufficiently similar so that many of their elements , especially when it comes to customs, intertwine and are reshaped a little and accepted unchanged as their own, making life on different banks similar . It is especially the case with the so-called male-female relationships and the expression of sexuality. Findings about, for an individual and the community to which he or she belongs to, important issues of expressing affection between girls and boys in and around Tekija and manifestation of sexuality will presented in this thesis. A conversation with DjordjeTasic from Tekija shed light on some characteristics of male-female relationships typical of the Kladovo region and east borderlands of Serbia.

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Część monograficzna. Kierunki rozwoju etyki pedagogicznej i teorii wychowania moralnego (pod redakcją Alicji Żywczok): Ściąganie w szkole – pomiędzy etyką a społeczną normą

Author(s): Joanna Góźdź / Language(s): Polish Issue: 46 (1)/2016

The paper introduces the issue of cheating in polish school. 1 070 students of polish high-schools were examined. The purpose of the study was to establish: frequency of cheating in polish school, its motives and deterring factors as well as preferred by students methods of cheating. The conducted study included the consequences of the phenomenon – preferred teachers reactions on cheating and perceptions of their real reactions, as well as feelings after cheating and the perception of victims of cheating. The results are presented.

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Wartości w świecie dziecka w przekonaniach dorosłych – przyszłych nauczycieli

Author(s): Marzenna Nowicka / Language(s): Polish Issue: 2 (33)/2016

Educational practice is directly connected with how and what teachers think about the students. In the text are presented the results of researches into common beliefs of students from teaching faculties concerning values in the children’s world. Analyses show worrying tendencies in the way of thinking of future teachers about the students: they perceive them as being passive, very dependent on adults, concentrated on themselves, potentially more prone to harm rather than to good. In the understanding of students, children learn bad values from pathological adults, peers, and the media.

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Zjawisko korupcji jako element życia społecznego

Author(s): Krzysztof Dzietczyk / Language(s): Polish Issue: 3/2016

Corruption phenomena constitute a significant barrier to the economic development of Poland. Corruption not only distorts competition processes in the economy, but also hinders the process of integration of the Polish economy with the European Union. In order to achieve rapid development of entrepreneurship and build a strong democratic society it is vital to fight and eliminate this practice.

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Klasa średnia a perspektywa biograficzna. Empiryczne studium przypadku

Author(s): Jacek Burski / Language(s): Polish Issue: 2/2016

The main focus of the article lies in describing the class position of an individual from the Polish middle class, his biographical path, and tensions connected with his actual place in social structure. Background of the analysis is rooted in Fritz Schütze’s methodology of autobiographical narrative interview. One of the main goals is to show the advantages of using biographical methodology in analyzing class structure.

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W stronę socjologicznego ujęcia etyki badań naukowych

Author(s): Dorota Rancew-Sikora,Borys Cymbrowski / Language(s): Polish Issue: 3/2016

According to the thesis that ethical competence is an important part of professional competence of social researchers and that ethical dilemmas are often experienced by them as methodological and theoretical dilemmas, the authors of the article highlight the problem of lack of link between ethical reflection and the paradigm of qualitative sociology. They argue that the separation of this topic within mainly normative-philosophical domain, which dominates in ethical codes, carries a risk of treating it differently than other issues of sociological investigation and can lead to a significant loss of its cognitive value. Instead, the authors emphasize the possibility and the need to develop research ethics within the paradigm of qualitative sociology, looking for an inspiration in the works of Max Weber, Emile Durkheim, the Chicago School, Norman Denzin and Martyn Hammersley among others. They are critical to the hope that creation of ethical codes is an effective way of scientific communities’ self-regulation, stressing the importance of specific historical, social and linguistic contexts of their creation. Consequently, the authors emphasize subjective, situation, processual, and discursive character of ethics-oriented activities, undertaken both by researchers in the field, and by academic institutions in this regard.

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Habitus klasowy, płeć społeczno-kulturowa, wiek: wstęp do badań ról społecznych pełnionych przez seniorów

Author(s): Iwona Młoźniak / Language(s): English Issue: 4/2016

The aim of the article is to examine the relationship between social class, gender, and aging. The author discusses the outcomes of existing quantitative research and a number of in-depth interviews conducted by the author in 2012 in Warsaw and two other cities in the Mazovia Province. In the course of the article the practices of elderly people will be presented successively in terms of class, gender, and seniority. The theoretical binder is provided by Bourdieu’s practice theory, in particular the concept of three class relational social structure, notions of habitus, forms of capital, and symbolic violence. The number of interviews is too small to draw general conclusions from, but is an exercise in sociological thinking about these three qualities in Bourdieu’s terms.

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Групова социална работа със стари хора

Author(s): Krasimira Petrova / Language(s): Bulgarian Issue: 1/2013

The purpose of this report is to indicate the characteristics of group work with older people to propose topics for discussion in the group and to analyze typified behavioral patterns of participation in the group.

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Организация на свободното време при деца и възрастни в социалната работа чрез анимационни продукти

Author(s): Pepa Miteva / Language(s): Bulgarian Issue: 1/2013

Customary specific problem-oriented programs are applied to social work with children and adults. Furthermore creative products support the complete organization of leisure. Renown tourism animation programs are well suited to application in the social sphere, which requires a change in the emotional status of the client.

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Kritika dihotomnog sistema pola/roda i reprezentacija interseksualnosti u filmovima XXY i El ultimo verano de la boyita

Author(s): Slađana Branković / Language(s): Serbian Issue: 20/2016

This paper deals with the issue of representation of intersex non-normative bodies and identities in the area of film. That also encompasses the process of re-evaluation of binary categories of sex/gender and their limits through fictional film narratives about intersexuality, starting from the understanding of the representation as a meaning production strategy and analyses of discourse factors which regulate the dominant interpretation of sex, gender and Subject, and, finally, their deconstruction from the perspective of gender theories. The aim of this paper is to evaluate how is possible to conceptualize different approaches to representation of intersexuality and establish a critique of gender/sex dichotomy and violence it produces through re-thinking of established categories of gender and sex, from the perspective of various gender and film theories, as well as what various representation strategies of non-normative bodies implicate. In that context, I shall present my analysis and interpretation of films XXY (2007) and El último verano de la boyita (2009), while considering various discourse formations which, in given contexts, shape dominant understanding of sex/gender and intersexuality as well as narratives of two films. These films present some of the first, rare and important accomplishments which undertake different approaches to issues of representation of intersexuality, through which fictional narratives, potentials of intervention within dominant discourse of non-normative bodies are re-thought, i.e., the potentials of redefining and decentring of the established norms of sex/gender.

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A gyermekvédelem peremén

Author(s): Éva Huszti,Péter Takács,Lajos Hüse / Language(s): Hungarian Issue: 4/2016

The paper studies how negative life events affect risk behaviour of children and young people. Calculations on the database of the ‘Hungarian youth 2012’ research suggest that negative life events are strong predictors of different types of risk behaviour like alcohol, drug abuse and suicide. According to the data people who have experienced several and more serious negative lifevents, more likely refuse and turn away from the norms of the adult society than those whose life proves to be less stressful. To place these results into child protection context, the study calls attention to the fact that the Hungarian child protection system does not treat each group in the fragmented society equally, although, on the basis of the incidence of threat it should. Another important message of this paper is to highlight that in addition to scientific values large-scale sociological research studies have professional and practical values as well. To support it, from the questions of the well-known Holmes-Rahe scale the authors re-developed an exploration scale (Reduced Life Events Scale). The application of the Reduced Life Event Scale (or the original Holmes-Rahe scale) allows experts to focus more on the studied issues in the process of planning services, prevention and case work. The tool might propose solutions to use the insufficient resources in a more targeted way.

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Chińsko-Japońskie spory morskie

Author(s): Dariusz R. Bugajski / Language(s): Polish Issue: 10/2016

In the Sino-Japanese relations, there are many complex issues which, as always in neighborly relations, have deep historical context. Political competition and expansive economic and military policies cause that China questions the existing territorial state on the East China Sea and South China Sea. The subject of the claims of China (both Taiwan and the People’s Republic of China) are located under the Japanese administration – the Senkaku Islands. The two countries also have a contradictory position concerning the delimitation of the exclusive economic zone between China and Japan (Ryukyu) on the East China Sea and the status of Okino-Tori Shima being the subject to Japanese sovereignty. Each of these three disputes as a consequence, above all, concerns the delimitation of large areas of the exclusive economic zone between the two countries.

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Wybrane czynniki psychospołeczne a zachowania zdrowotne młodzieży licealnej. Część I. Poziom wiedzy a wybrane zachowania zdrowotne

Author(s): Iwona Malinowska-Lipień,Ewa Kawalec- Kajstura,Agata Reczek,Tomasz Brzostek,Teresa Gabryś,Marek A. Motyka,Joanna Baran,Anna Piskorz,Marta Kasper / Language(s): Polish Issue: 4/2015

Introduction. Health- related behaviours are one of the crucial factors in maintaining health. They play a significant role in healthcare and quality of life. Considering a change in health-related habits, individuals may take up actions aimed at achieving the optimal standard of life. All factors that are considered to be determinants of health have indirect or direct influence on health- related behaviours and lifestyle. Factors that influence the development of health-related behaviours are predisposing factors (e.g. knowledge, beliefs), enabling factors (skills important for health) and reinforcing factors (social norms). Early conscious implementation of prophylactic actions may contribute to improvement in health quality and a decrease in the level of morbidity in population. Objective. To assess the relationship between the level of knowledge and health- related behaviours in secondary school students. Material and methods. The study was carried out in a group of 1,036 students (688 girls and 348 boys) of the 1st, 2nd and 3rd form of a secondary school. The study was conducted by means of a diagnostic survey with the use of an anonymous own questionnaire assessing the students’ knowledge in the scope of selected risk factors for diseases of affluence in an electronic form. Also, the Inventory of Health- Related Behaviours (IZZ) was used in the study. Results. The mean score in the scope of knowledge of diseases of affluence was 14.17. The 1st- grade students demonstrated the lowest level of knowledge in comparison to the 2nd- grade students (p = 0.0000) and 3rd-grade students (p = 0.0004). A low level of health- related behaviours was observed in 42.52% of the respondents. In the students with a high level of knowledge the IZZ score (83.00 pts) was significantly higher in than the students with an average level of knowledge (77.54 pts), p = 0.0000 or with a low one (74.86 pts), p = 0.0000. Conclusions. (1) The respondents demonstrated an average level of knowledge in the scope of the analyzed risk factors for diseases of affluence, and mostly a low level of health- related behaviours. The level of knowledge depends on the level of education. (2) The students’ limited level of knowledge of risk factors for diseases of affluence and the correlated low level of health- related behaviours indicate a necessity to implement or enhance healthcare education as early as in the 1st grade of the secondary school.

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Wybrane czynniki psychospołeczne a zachowania zdrowotne młodzieży licealnej. Część II. Wsparcie w rodzinie a poziom kontroli emocji

Introduction. Family functioning has an influence on teenagers’ attitudes and emotions. Suppressing emotions usually leads to their intensification or may contribute to persistent emotional distress, which may underlie addiction, disturbed behaviour, neurotic or psychosomatic disorders. Objective. To assess the relationship between the perceived family support and the level of emotional control in the group of teenage respondents. Material and methods. The cross- sectional study was carried out in a group of 1,036 students of secondary schools (688 girls and 348 boys) aged 16– 19. The study was conducted by means of a diagnostic survey with the use of an anonymous questionnaire in an electronic form. In the study the Family APGAR scale and the Emotional Control Scale (CECS) were used. Results. Occurrence of a serious dysfunction in family relationships consisting in failure to receive support was observed in 13.42% (n = 139) of the respondents, and in abnormalities in the level of the perceived support in 27.7% (n = 287) of the respondents. According to the Family APGAR scores, a lower level of the perceived family support was revealed in girls as compared to boys (χ2 = 9.32; p = 0.009). The rate of suppressing emotions was higher in boys than in girls (p = 0.0017). The differences were particularly distinct in areas of expressing fear and anger. A higher level of suppressing negative emotions was observed in the students who revealed a serious dysfunction in family relationships (low level of the perceived support) in comparison to those in whom this type of dysfunction in family relationships (p = 0.00000) was not observed. Conclusions. (1) A dysfunction in family functioning consisting in lack of support perceived by the youth is associated with suppressing negative emotions. (2) Girls indicate lack of support in the family more often. (3) Boys suppress fear and anger to a greater extent than girls, whereas girls are more likely to suppress depression.

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Wybrane czynniki psychospołeczne a zachowania zdrowotne młodzieży licealnej. Część III. Poczucie umiejscowienia kontroli zdrowia a prezentowane zachowania profilaktyczne.

Introduction. Personal health locus control is related to health behavior presented by adult people. Persons with the internal health locus control, take greater responsibility for maintaining and improving their own health in comparison with people with the external health locus control pattern. It is anticipated that the internal health locus control might influence older adolescents to perform pro- health behaviors as well. Goal. To verify if there is a correlation between the health locus control and selected preventive behavior patterns presented by high school students. Materials and methods. The study was conducted in a group of 1036 students (688 girls and 348 boys) aged 16– 19 years. The Multidimensional Health Locus Control Scale (MHLC) and the Health Behavior Inventory (Preventive Behaviors) were used. Results. In the study group, the mean value of the internal health locus control (24.51 points) was higher than two others: 18.18 points for the influence of other people and 17.94 points for the impact of the event. The influence of other people was stronger among 16 year old (18.61 points) than in older student groups. In the group of 17- year- old students the importance of internal control (26.69 points) was the strongest. Concerning presented preventive behavior patterns the studied group of adolescents received an average score of 18.36 points; the value for women (18.62 points) was statistically higher than for men (17.85 points), p = 0.023. The linear regression analysis proved a significant correlation between student preventive behaviors and the internal health locus control (p = 0.0000, r2 = 0.20), as well as with the influence of other people (p = 0.0000; r2 = 0.26). Conclusions. (1) In high school students the internal health locus control and the influence of others (especially among 16- year- olds) are correlated with health behaviors presented by young people. (2) These results indicate a need for targeted interventions aiming to increase the internal health locus control in assuming the increasing responsibility of high school students for their own health behavior.

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Dobry człowiek w opiniach dzieci w wieku przedszkolnym

Author(s): Anna Róg,Patrycja Skrzypek / Language(s): Polish Issue: 26/2015

This is an analysis of preschool children’s opinions on a good and bad human being. The research has been conducted with use of a diagnostic survey. The main research method was the interview with children. Documents analysis, which included description and assessment of children’s drawings presenting good human beings, was a supplementing method. The research allowed determining that children very often identify the good and bad with individuals from their closest vicinity, and positive characters from fairy tales or children’s films. According to the respondents, a good human being is, most of all, caring, helpful, hard-working, religious, and devoting a lot of time and attention to children. Apparently, human being appearance has significant influence on how children perceive them. According to children a good person smiles a lot, wears colourful, clean clothes and nice haircut. These results appear to be important, especially from the point of view of ethical education of preschool children, as well as for making them sensitive to the fact that smile or nice outfit does not always reflect the fact that someone is honest and moral. This will allow protecting children against abuse and harm from seemingly good human beings.

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