Prawo do edukacji osób z niepełnosprawnościami w dobie kryzysu pandemii COVID-19. Czy lekcja została odrobiona?

Author(s): Małgorzata Myl / Language(s): Polish Issue: 39 (3)/2022

The paper aims to analyse and evaluate the educational situation of pupils with disabilities during the COVID-19 pandemic. For this reason, selected regulations of international human rights law that shape the right to inclusive education are presented. Secondly, the actual educational situation of persons with disabilities during the pandemic is analyzed. Moreover, selected actions of international organizations and national authorities regarding education during COVID-19 are evaluated. The research contributed to identifying the main problems that pupils, parents and teachers had to face during online education. It is demonstrated that despite the fact that inclusive education is guaranteed by international and national law, it was not effectively conducted during the pandemic. This, in turn, deepened the discrimination and exclusion of pupils with disabilities.

Ojcostwo mężczyzny z niepełnosprawnością – możliwości i ograniczenia roli w perspektywie inkluzji społecznej

Author(s): Magdalena Wałachowska / Language(s): Polish Issue: 39 (3)/2022

The main theoretical aim of this work is to present the problem of fatherhood of men with disabilities in the context of the possibilities and limitations of the role in the perspective of social inclusion. The detailed objectives of the study involve an analysis of the meaning of fatherhood as a life role for the individual development of a man; description of the evolution of the male paradigm following the sociocultural changes of the 20th and 21st century; presenting the importance of the implementation of developmental tasks of early adulthood for the comprehensive revalidation and full social inclusion of a disabled man; a description of the limitations and possibilities of fulfilling the role of a father by a disabled man due to functional barriers resulting from the nature of the disability, the psychological condition of the man and the characteristics of his professional activity and the specific nature of the care and educational activities performed towards the offspring. The research methodology chosen involved an analysis and criticism of the literature to indicate the direction of the scholarly discussion in this realm. The main conclusions of the research were as follows: fatherhood was a key role in a man’s life, constituting a fundamental developmental task in early adulthood; under Polish law, a person with a disability may start a family, thus fulfill the life role of a father/mother; due to being a father a disabled man is encouraged to take up new challenges in his private, professional and social life, learning to compensate for the effects of his own disability; barriers to social inclusion of a man – a father with a disability – were: psychophysical and functional effects of disability, existential problems resulting from difficulties in supporting the family and the lack of full social acceptance for fulfilling the role of a father in the event of illness or disability, which translated into insufficient socio-economic solutions supporting “special families”.

Wyrok Sądu Apelacyjnego w Szczecinie III Wydział Pracy i Ubezpieczeń Społecznych z dnia 30 czerwca 2020 roku (III AUa 129/20)

Author(s): Not Specified Author / Language(s): Polish Issue: 39 (3)/2022

Обавезно социјално осигурање радника у југословенској краљевини 1922–1939.

Author(s): Jelena V. Radović Stojanović,Ivana Krstić-Mistridželović / Language(s): Serbian Issue: 1/2023

The paper analyses the implementation of workers’ insurance in the Yugoslav kingdom from 1922 to 1939. The Law on Workers’ Insurance of 1922 provided the legal frame not only for sickness, accident, infirmity, old age and death, but also for unemployment. According to the Law, all persons who permanently or temporarily lease their physical or mental labour force were to be insured regardless of their gender, age and citizenship. Based on the comparison of the number of workers covered by the legal obligation of insurance and the number of actually insured workers, the real scope of the Law on Workers’ Insurance can be assessed.

NEED FOR IMPLEMENTATION OF SEX EDUCATION CURRICULUM IN PRIMARY SCHOOLS TO PROTECT CHILDREN FROM SEXUAL ABUSE IN PAKISTAN

Author(s): Muhammad Imran Ali / Language(s): English Issue: 45/2023

Sex education for children does not imply that children are responsible for their own safety, but rather that children should be provided with protective, effective, and interactive education that builds resilience and reduces their vulnerability to sexual harm. As a result, it is critical to provide a secure atmosphere for children at school, where they spend the majority of their time. Sex education curriculum for the prevention of child sexual abuse will seek to give children the knowledge and skills needed to recognize and prevent probable sexual abuse scenarios. The primary school sex education curriculum will be founded on the ideology of empowering children and the concept that care is an integral aspect of child care and protection. The Ministry of Education should determine the need for sex education in primary schools to prevent sexual abuse of children, support it, and include it in the curriculum. This curriculum’s purpose should be to build and maintain a proactive environment that protects children by preventing sexual abuse or assuring early detection, intervention, and reporting.

Platform work as a manifestation of a new form of employment in the era of the fourth industrial revolution

Author(s): Tomasz Mirosławski / Language(s): English Issue: 21/2023

The aim of this paper is to analyse a new form of employment which has appeared in the Polish labour market in recent years, i.e. work via digital platforms. The author discusses the issue of platform work in the context of its impact on the current labour market. Particular attention is paid to the identification of threats connected with this new form of employment, the demands of the European and Polish trade unions put forward in relation to platform workers and the regulations planned in this field at the EU level. The author also shares his reflections on the practices applied by the owners of digital platforms and the effective method of their control by Member States.

Obowiązek alimentacyjny w prawie materialnym i prawie prywatnym międzynarodowym Ukrainy

Author(s): Mariia Zeniv / Language(s): Polish Issue: 31/2022

The article presents an analysis of the provisions of substantive law and private international law in force in Ukraine regarding the maintenance obligation, as well as their application in judicial practice. When presenting the issues regarding determination of the law applicable to maintenance obligations, the author first refers to the possibility for the parties to choose the law applicable to maintenance obligations. Further attention is devoted to the determination of the applicable law on the basis of objective connecting factors to be considered by default when parties have not chosen the law applicable. General issues of private international law, such as circumvention of law and public policy clause, are also addressed in this context. It has been underlined that in addition to the domestic law on private international law, the conflict-of-law rules are contained in bilateral international agreements on legal assistance and legal relations in civil matters binding on Ukraine, and in the 1993 multilateral Minsk Convention, which has a regional scope of application.

Legal Framework for the Protection of Ukrainian Refugees: A Comparative Study

Author(s): Illia I. Malanchuk / Language(s): English Issue: 160/2023

The ongoing conflict in Ukraine has forced many Ukrainians to flee their homes, making the protection of Ukrainian refugees a critical issue. This article aims to conduct a comprehensive analysis of the existing legislative framework to identify areas where reforms are necessary to ensure better protection for this vulnerable group. The article’s relevance lies in the urgent need to provide protection to Ukrainian refugees, who face multiple challenges, including discrimination, lack of access to necessities, and the risk of exploitation. The primary objective of the research is to evaluate the effectiveness of the current legal framework for protecting refugees and identify areas that require improvement. To achieve this objective, the study employs a multidimensional approach that combines legal analysis and a review of relevant literature. The research draws on legal instruments and frameworks such as the 1951 Convention on the Status of Refugees and the Directive on Temporary Protection. The study also analyses the challenges that Ukrainian refugees face in accessing their rights, including the lack of effective implementation of existing legal frameworks. The results of the study indicate that the current legislative framework for refugee protection in Ukraine requires significant reforms to better protect Ukrainian refugees. The research identifies several areas that require improvement, such as access to legal assistance, education, and healthcare. The study’s conclusions and recommendations aim to improve the existing system and ensure better protection for Ukrainian refugees. These recommendations include strengthening the legal framework for refugee protection, improving access to essential services, and ensuring effective implementation of existing laws and regulations. Overall, this research contributes to the existing literature by providing insights into the legal framework for refugee protection in Ukraine, particularly for Ukrainian refugees. It also highlights the importance of providing effective protection to refugees and the need for continuous reforms to ensure that the legal framework is adapted to the evolving needs of refugees.

ACTUALITATE LEGISLATIVĂ

Author(s): Redactia Pro Lege / Language(s): Romanian Issue: 05/2023

In May 2023, several legislative acts were published in the Official Journal, among which we mention: Decision of the Section for Judges of the Superior Council of Magistracy (HCSM) no. 1434/2023 approving the Regulation on the competition for the promotion of judges; Order of the Romanian Order of Architects (OAR) on the National Register of Architects of 11 May 2023; Order of the Director General of the National Agency for Cadastre and Real Estate Publicity (OANCPI) no. 950/2023 approving the conditions of access to the platform, data sets and online services of the integrated cadastre and land registry system. Moreover, in May, several legislative acts were amended, among which: Labour Code; Land Law no. 18/1991; Administrative Code, Law no. 161/2003 on measures to ensure transparency in the exercise of public office, public functions and in the business environment, and to prevent and punish corruption; Annex no. 3 to Law no. 212/2015 on the management of vehicles and end-of-life vehicles; Consumer Code; Government Ordinance (O.G.) no. 43/1997 on the road system. Last but not least, the Official Gazette of March also published the ECHR judgment of 30 August 2022 in the case of A.E.J. v. Romania (Application No. 33.463/18).

Pozostawanie w dyspozycji pracodawcy jako znamię czynu zabronionego z artykułu 220 § 1 Kodeksu karnego

Author(s): Sebastian Koczur / Language(s): Polish Issue: 1/2023

The subject of the article is to establish the link between the responsibility of the person in charge of occupational health and safety for exposing an employee to an imminent danger of loss of life or health with the condition of the employee’s readiness to work (or to this particular type of work). The author analyzes Article 220 of the Polish Criminal Code from the perspective of labor law. The main issue is to determine whether an employer is always responsible for an employee’s exposure to an imminent danger of loss of life or health or only if an employee is at the disposal of an employer in connection with work (providing work or being ready to provide work) in the place of exposure. The considerations lead to the conclusion in favor of the latter. Persons responsible for occupational health and safety are the guarantors of the safe work process and, in case of failure to ensure this state, they may be criminally liable.

Actualităţi legislative

Author(s): Remus Jurj / Language(s): Romanian Issue: 2/2023

LEGEA NR. 58 DIN 14 MARTIE 2023 PRIVIND SECURITATEA ȘI APĂRAREA CIBERNETICĂ A ROMÂNIEI, PRECUM ȘI PENTRU MODIFICAREA ȘI COMPLETAREA UNOR ACTE NORMATIVE; LEGEA NR. 65 DIN 27 MARTIE 2023 PENTRU PUNEREA ÎN APLICARE A REGULAMENTULUI (UE) 2019/1.238 AL PARLAMENTULUI EUROPEAN ȘI AL CONSILIULUI DIN 20 IUNIE 2019 PRIVIND UN PRODUS PANEUROPEAN DE PENSII PERSONALE (PEPP), A UNOR PREVEDERI DIN REGULAMENTUL (UE) 2020/852 AL PARLAMENTULUI EUROPEAN ȘI AL CONSILIULUI DIN 18 IUNIE 2020 PRIVIND INSTITUIREA UNUI CADRU CARE SĂ FACILITEZE INVESTIȚIILE DURABILE ȘI DE MODIFICARE A REGULAMENTULUI (UE) 2019/2.088, PRECUM ȘI PENTRU MODIFICAREA ȘI COMPLETAREA UNOR ACTE NORMATIVE DIN DOMENIUL PENSIILOR PRIVATE; LEGEA NR. 76 DIN 3 APRILIE 2023 PRIVIND ORGANIZAREA ȘI FUNCȚIONAREA SISTEMULUI INFORMATIC NAȚIONAL DE SEMNALĂRI ȘI PARTICIPAREA ROMÂNIEI LA SISTEMUL DE INFORMAȚII SCHENGEN, PRECUM ȘI PENTRU MODIFICAREA ȘI COMPLETAREA ORDONANȚEI DE URGENȚĂ A GUVERNULUI NR. 194/2002 PRIVIND REGIMUL STRĂINILOR ÎN ROMÂNIA; LEGEA NR. 97 DIN 12 APRILIE 2023 PRIVIND PROTECȚIA ARBORILOR REMARCABILI

TRANSLATION METHODS FOR DEALING WITH THE INCONGRUITY OF LABOUR LAW TERMS IN THE POLISH AND BRITISH LEGAL SYSTEMS – A CASE STUDY

Author(s): Anna Kizińska / Language(s): English Issue: 26/2022

The paper aims to discuss incongruent Polish and British terms referring to labour law. The terms characteristic of each of the three separate legal systems: of England and Wales, Scotland or Northern Ireland are called British terms in this paper. The Polish terms under analysis appear in the Polish Labour Code Act of 26 June 1994 and name types of benefits granted under the Polish Labour Code. The English equivalents of each Polish term researched have been used in two Polish Labour Code translations into English and have been accommodated in the most up-to-date bilingual Polish-English legal dictionary. The research problem is to verify whether the published typology of translation methods used in the Polish-English translation of civil and criminal law terms encompasses translationmethods applied when translating Polish labour law terms into English. The translation methods are defined according to Hejwowski. The theoretical part of the paper includes a presentation of the definitions of a term and incongruity of terms. On the basis of the research, however, it may provisionally be presumed that the published typology of translation methods used in the translation of incongruent Polish and English civil and criminal law terms encompasses the translation methods employed when translating labour law terms into English, as the equivalents under analysis have been formed as a result of the application of as many as four out of the ten methods of the typology.

Adolescent pregnancy in terms of adolescent rights: A retrospective study on adolescent giving births between 2015-2022 in a metropolitan hospital in Türkiye

Author(s): Zeynep Reva,Banu Karakuş Yılmaz,Dilay Satılmış / Language(s): English Issue: 2/2023

Aim: Adolescent pregnancy refers to a pregnancy in a female who is younger than 19 year of age. Adolescent pregnancy can have a number of negative consequences for both the mother and the child, including increased risk of health complications, poor educational and economic outcomes, and social and emotional challenges. This study aims to provide regional data on the prevalence of adolescent pregnancy in Türkiye and to propose solutions to this problem. Methodolody: Pregnancies under the age of 19 which resulted in births gave birth in a public hospital that provides birth-specific service in one of the metropolitan areas within the borders of the Republic of Türkiye between 2015-2022 were retrospectively analysed. Detected pregnancies have been evaluated and analysed according to criteria such as age, nationality, and week of birth. Results: In the sample subject to the research, between the years 2015-2022; 3174 adolescents under the age of 19 gave birth. Of these, 54% (N:1718) are Turkish nationals, 45% (N:1431) are Syrian nationals, and the remaining 1% (N:25) are other nationals. The average birth week is 36 weeks. The number of stillbirths is 88, of which 57% (N:50) are Syrian nationals and 42% (N:37) are Turkish nationals. While the number of adolescent pregnancies resulted in birth was 601 in 2015, it increased to 714 in 2016; It decreased to 157 in 2021. Conclusion: Adolescent pregnancy is a significant problem in Türkiye and also common among Syrian refugees. Adolescent pregnancy can have a variety of negative consequences, including health risks for the mother and the baby, as well as social and economic challenges. They are less likely to complete their education, be employed, earn higher wages, and be happily married; they are more likely to have larger families and live in poverty. It is necessary to conduct training programs and adopt decisive strategies. These actions are the most fundamental key to protect the human rights of adolescents.

ОДГОВОРНОСТ ПАЦИЈЕНТА И ОДГОВОРНОСТ ЗА ПОВРЕДУ ПРАВА ПАЦИЈЕНАТА

Author(s): Nedeljko Milaković / Language(s): Serbian Issue: 51/2018

In this paper the author considers the question of patient liability and liability for breach of patient rights in the process of being served with proper health care. Rights, duties and liability of the patient in terms of health care has been an open issue in our legal science. Introducing the right of patient into national legislations is conditioned by the need for more elaborate and comprehenstive understanding of legal aspects of patient liability and liability for breach of patient rights. Duties and liability of the patient include: liability of the patient for personal health, liability of the patient toward health care workers and associates and liability of the patient toward civil society. Liability for breach of patient rights has been analysed through different forms of liability: disciplinary, strict, civil and criminal. Without liability there is no legal state. This study has been undertaken in order to improve a legal framework for their regulation de lege ferenda in compliance with the legal system, international documents and case law of neighbouring states.

Відповідальність за порушення обов’язку піклування та виховання у Кримінальному кодексі Федеративної Республіки

Author(s): Oleksiy Zaytsev,Kateryna Pavshuk / Language(s): Ukrainian Issue: 161/2023

The relevance of the topic of research is determined by the fact that the problem of non-fulfillment or improper fulfillment by parents (persons who replace them) of childcare responsibilities exists in all countries, regardless of the form of government, state system and income level of the population. Ukraine is in the process of integration with the European Union, so it is useful to study the foreign legislative approach to regulating responsibility for the violation of these obligations. The aim of the article is to study the German experience of establishing criminal liability for non-fulfillment of childcare obligations. Dogmatic, systemic-structural, statistical, historical-legal, formal-legal research methods were used in the research. Attention is paid to German legislation, which provides for the right and duty of parents to care for and bring up children. The genesis of the criminal law regarding the liability for violation of these duties is given. Statistical data on the number of criminal proceedings and persons convicted of this criminal offense (2010–2021) are summarized. The peculiarities of the structure of the crime provided for in § 171 of the Criminal Code of the Federal Republic of Germany have been studied; objective and subjective characteristics. The analysis was carried out on the basis of the doctrine of German criminal law and the practice of courts of general jurisdiction, in particular the Federal Supreme Court of Germany. The practice of the Federal Constitutional Court of Germany was used. Based on the study, conclusions were formulated regarding the definition of: the legal interest that is protected; signs of "gross" violation of duties; criteria for establishing the consequence of the crime, which is provided as the tort of creating danger. The peculiarities of the qualification of the crime in case of its commission in a place where an armed conflict is taking place are noted. The allocation of an independent structural section (subsection) in the Criminal Code of Ukraine, which includes criminal offenses against family, is supported. The discussion of the criminalization of harm caused by a crime provided by Art. 166 of the Criminal Code of Ukraine, creating a real threat (danger) of causing harm to the victim is proposed.

ПРАКСА УСТАВНОГ СУДА РЕПУБЛИКЕ СРПСКЕ

Author(s): / Language(s): Serbian Issue: 44/2022

Одлука број: У-44/20 од 26. мај 2021. године Службени гласник Републике Српске, број 51/21

EU SECURITY AND COUNTER - TERRORISM COOPERATION POLICY

Author(s): Mariana-Ana Bulmez / Language(s): Romanian Issue: 25/2021

EU action is not limited to production and consumption. European leaders are constantly faced with problems related to the common defense, to a common foreign policy, of a common action in order to reduce the economic gaps between the member countries of the Union, aspects that can cause long-term instability and tension in relations between members, but also the favoring of violent acts. An alarm was sounded since 1990 by President Richard von Weizsacker in his inaugural address at the opening ceremony of the 41st academic year of the College of Europe on 24 September, "inevitable, cosmopolitan and egalitarian development, of civilization and technology, together with increasing mobility, give rise to a widespread desire to protect the regional culture, as well as the historical and national identity.” Since 1992, through the Maastricht Treaty, the Union has clearly stated in Article B its commitment to watch over the common security in the future based on a common defense policy: by implementing a common foreign and security policy, including the establishment in perspective of a common defense policy ”, and by Article J.1 it envisages: the defense of common values, of fundamental interests; strengthening and strengthening EU and international security; peacekeeping and promoting international cooperation.” In 2005, the EU Council presented the "EU Counter-Terrorism Strategy", a revised strategy in 2014, followed in December 2014 by the approval of a series of mechanisms for the implementation of the revised strategy. In December 2015, the European Commission presented the new regulation amending the Schengen Code on Borders. It obliges Member States to carry out systematic checks on persons crossing the EU's external borders in databases of stolen and lost documents, in the Schengen Information System (SIS) and in other relevant EU databases. The new rules provide a strategic "cooperation group" to exchange information and help Member States increase their cyber security capacity. Each Member State will have to adopt a national NIS strategy.

УГОВОР О ПУТНОМ ЗДРАВСТВЕНОМ ОСИГУРАЊУ

Author(s): Zorica Šipovac / Language(s): Serbian Issue: 47/2014

The purpose of this study is to understand the importance of the multiple travel health insurance for individuals and for the insurance companies and the state and society as a whole. We are all connected and causal in accordance with it is necessary to understand that the contract of travel health insurance just made up for all of us when we are abroad at the time of the insured event powerless and afraid . Thanks to the development of new technology combined with quality work experience , a new perspective in the development area to protect clients, servicing their needs , to improve the process of compensation claims, as well as the prevention and reduction of insurance fraud . The introduction of mandatory same to achieve additional security company , reduce abuse , leveled premium rates , application and implementation of compensation claims as is the case with automobile liability insurance , both at the level of our country , and globally , primarily in the EU approximation , then and internationally.

ÎNCETAREA DE DREPT A CONTRACTULUI INDIVIDUAL DE MUNCĂ-INSTITUȚIE FUNDAMENTALĂ A DREPTULUI MUNCII

Author(s): Ioan Micle / Language(s): Romanian Issue: 28/2022

Labor law, doctrine and jurisprudence use different terms to designate the ways in which the termination of a legal employment relationship takes place. Thus, the Romanian legislator, in Chapter V of the Labor Code, uses the notion of termination of the employment contract. On the one hand, the notion designates the legal end of the employment contract, regardless of the grounds and the ways in which the legal employment relationship is terminated, in a broad sense. extinguishing the legal employment relationship. Labor law refers to the phrase "termination of employment" which qualifies as a generic term for all situations that end a legal employment relationship. The Labor Code stipulates the modalities of termination of the individual employment contract. The termination of the individual employment contract may have the right, by agreement of the parties and as a result of the unilateral will of one of the parties. . two such ways of terminating legal employment are regulated. From the contents of the respective legal texts, it results that, in all these hypotheses, the termination of the employment contract is achieved by a legal act. This legal act can be, a unilateral manifestation of will, initiative of one of the parties (employee or employer), or through a bilateral manifestation of will, (as a result of the agreement of the parties). one of the parts of the legal employment relationship. The termination of the legal employment relationship requires the establishment of the reasons that lead to it, the knowledge of the cases and the ways to end this relationship and the fulfillment of certain conditions. In their absence, the termination of the employment contract will not take effect. There is only one exception, namely: when the legal employment relationship terminates by law, ie in circumstances that do not depend on the will of the parties. The hypotheses provided by the labor legislation, in which the termination of the employment contract may take place, in the ways and for the reasons established by law, form the cases of termination of the employment contract. However, in addition to the stability of the ways, the reasons and the cases of termination of the employment contract, the labor legislation provides certain conditions, both in substance and in form. These procedural conditions must to justify, to validate the termination of the employment contract, as a legal act.

Considerații teoretice și practice cu privire la concediul de odihnă acordat salariatelor care urmează o procedură de fertilizare in vitro

Author(s): Eduard Traian Nicolau,Marilena Nicoleta Balabuti / Language(s): Romanian Issue: 2/2023

The rest leave granted to employees undergoing an „in vitro” fertilisation procedure was introduced by Emergency Ordinance No 26/2019 amending and supplementing certain legislative acts published in the Official Gazette, Part I, No 309 of 19 April 2019. Although it represents a right and its regulation is found in Law no. 53/2003 - Labour Code republished, with subsequent amendments and additions, the practical situations that an employer and his employee undergoing a fertilization procedure may face, do not find legislative solutions in the reference normative texts.