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Great Britain’s vote to exit the European Union came as a shock to many scholars of international relations, sociologists, political scientists, and economists. But, first of all, it came as a shock to Britons themselves and to a lot of other European citizens. This article analyzes the main features of one of the most important political events of 2016 through the lens of Hegel’s political philosophy, aiming to understand how major political events can shape the future of a society in new, intriguing and potentially positive ways. It also examines how Hegel himself might have interpreted the founding principles of the European Union and, within its political development, Brexit.
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The most important principles of a democratic legal power are the recognition of the constitutionally protected rights and freedoms of the people, and such perceptions are obstructed by the constitution. The guarantee of the rights and freedoms of the people and the thundering person is realistic with the real potentialities of realization and in the crook of the punishable sphere.The urgent task is to establish the essence of guarantees of human and civil rights and freedoms, to determine the list of rights to be guaranteed by the constitutional way,and to establish the limits of these guarantees provided for in the Basic Law of Ukraine. All this determines the search for a solid core of direct protection of the law enshrined in the constitution and the direct legal effect of this right.The Constitution of Ukraine establishes a number of important human rights and provides for guarantees of their implementation, which receive their further development in the current legislation. An unimpeded appeal to the court with a view to restoring justice and violated law is the main and final guarantee in the exercise of rights and freedoms. The leading place in the system of legal mechanisms for the protection of human and civil rights and freedoms in the modern world belongs to the institute of constitutional control.One of the most significant achievements is the introduction of a constitutional complaint as one of the most important and advanced forms of guaranteeing the rights and freedoms of man and citizen. In the sufficiently developed and ramified sphere of guaranteeing the rights and freedoms of man and citizen, the basis is Article 55 of the Constitution of Ukraine. The right to judicial protection, which is stipulated by rather rigid criteria and standards in both the national and international legal mechanism of judicial protection and human rights guarantees, is established
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The paper analyzes the meaning of the phrase "the woman’s status in the society" that is recognized in demography as an important cultural factor of demographic development and transitional changes. The analysis indicates qualitative shifts in the woman’s status and simultaneously reveals its importance at present, not only in traditional, but also in modern and developed societies. On the other hand, it explains the importance of sex as a biodemographic determinant, and introduces the concept of gender that sheds another light on the concepts of sex and woman’s status in the society and integrates them. Gender regimes that subsume the inferiority of women in public and private social structures are examined from demographic perspective, albeit only in those phenomenological aspects that can be supported by demographic research, theories, and analyses. To this end, the paper analyzes the effects of strengthening gender equalities on the fertility and mortality transitions, the gender’s impact on the population distribution by sex in South Asian countries, and highlights the key role of gender in interpreting certain social and economic structures. It also stresses the establishing of gender equality as an important element of population policies. The global dimension of the patriarchal society is illustrated through a series of examples of demographic phenomena from various societies. Gender regimes underlie all of these phenomena. The paper puts foreword certain theoretical hypotheses about gender inequalities, and finds their connections with demographic behaviors and demographic indicators. Finally, it summarizes the role of demography in gender (in)equality research and the demographic perspective of the way and the speed the demographic equality is being established. Demography is seen as an irreplaceable discipline in examining gender inequalities, especially at the global level. With the advance of qualitative methods in demography and with its multidisciplinary nature, demography gets closer and closer to the field of "woman issues".
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In this article the author has analyzed the crime of money laundering in the light of the actus reus and the mens rea, while also giving a perspective on the development of this crime at an international, European and national level. The article focuses on the controversial issues related to the regulation of this crime such as the interests protected by the law or the perpertrator of the offence in question. The author also attempted to provide an analysis of the actus reus due to the fact that too often the other aspects of the crime capture all the attention and little or no attention is given to this issue.
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The article explores the forms of motives as an obligatory sign of the subjective side of the offense provided for in Art. 161 of the Criminal Code of Ukraine.In particular, the motives of hatred or enmity give the act a different qualitative characteristic related to the violation of the principle of constitutional equality of citizens regardless of their biological and social characteristics. Violation of this principle means that it has discrimination, which is prohibited in any form by the norms of international and national law.The illegibility of the legislative design art. 161 of the Criminal Code of Ukraine on the definition of the motive of this crime is one of the reasons for its lack of application in practice.The legal definition of the motives of hatred and enmity is assessed, subjective. These motives are specific in their socio-psychological content. It is hardly possible to find any other motive, which from the point of view of its inner essence and form of manifestation would be so diverse and would cause such difficulties in the definition.Hatred (enmity) as the motive of the crime provided for in Part 1 of Art. 161 of the Criminal Code of Ukraine, has different shades: political, ideological, racial, national, religious, and hatred (enmity) with respect to certain social groups.Religious hatred or enmity is connected, first of all, with intolerance to believers of other religious confessions, which the guilty person perceives hostilely, being based on erroneous creeds and ideas. However, it can also manifest itself in a strong dislike for the victim because of his atheistic worldview or belonging to the agnostic.As a result of the study, motivated by racial, national, religious hatred and enmity, it is suggested to understand internal motives expressing a strong dislike for a certain race, nationality, religious denomination and cause the perpetrator to cause physical, material or moral harm to the victim in connection with his attitude towards religion, belonging to a particular race or nationality
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Humanitarian interventions are response of the international community to grave violations of human rights involving military action of one or more States with or without the authorisation of the United Nations Security Council. There are several issues related to humanitarian interventions that are discussed by legal scholars, political scientists and diplomatic circles with regard to the use of armed force as a response to human rights violations – the issue of sovereignty of States, principle of non-intervention and unilateral use of force and justification of military interventions without the authorisation of the UN Security Council even when the interventions are aimed at protecting human rights of a civilian population. This paper discusses humanitarian interventions from the perspective of international law primarily in light of the UN Charter and the role of the UN Security Council in maintaining international peace and security. It examines the concept of state sovereignty, human rights and the application of international humanitarian law to sides in the conflict including those conducting a humanitarian intervention in order to prevent additional suffering of civilians. It provides a brief overview of the humanitarian interventions carried out as a response to armed conflicts in Kosovo and Bosnia and Herzegovina in the 1990s.
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The report contains a review of Environmental Legislation in Bosnia and Herzegovina. It presents valid entity and cantonal environmental laws, as well as institutions authorized for their implementation. Prominent problems about law inconsistency at various levels of the authorities, lack of accompanying sublegal acts which would ensure their implementation, overlapping of jurisdiction between institutions and inefficient work of inspection services have also been emphasized. The solution could be the adoption of environmental laws at the state level, as well as the establishment of agency and /or the Department of Environment. Environmental jurisdiction is at the level of entities, but it can be transfered to the state level if entities make arrangements (Constitution of Bosnia and Herzegovina, Article III, Section 5a.). Considering the efforts of Bosnia and Herzegovina to approach the European Integration, the implementation of European Convention on Human Rights in Bosnia and Herzegovina has also been analyzed.
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The European level of regulation and self-regulation of the media is very comprehensive and precisely focused on national legislation and professional organizations in the media field. However, in the regional, European area, the levels of document and norm creation are different: Council of Europe, European Union, OSCE, European Federation of Journalists, etc. However, there is a unique approach to the application of standards, regardless of the level. These standards are, in fact, key places in documents on human rights and freedoms. Member States of the European Union align their national legislation with the standards directly, while in the countries in transition this process takes place differently, depending on the degree of economic and democratic development. In this sense, the situation in Bosnia and Herzegovina is specific because its constitution provides for the primacy of affirmation and protection of human rights, and its systemic solutions as a consequence of the aggression of neighboring states remain confined within ethnic boundaries, which is why the media are divided, their public function is unprecisely regulated, and violations of human rights happen everyday. True, the demands of both the Council of Europe and the European Union to harmonize national legislation with European standards, especially in the field of electronic media, and more precisely, public services (RTV), have been in demand, and in the function of preparing our country for joining European integrations. In this regard, efforts have been made to apply European standards in the work of the media, but also efforts to achieve standards in the regulation plan, without which the protection of human rights and freedoms is not possible.
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This work will try to provide an adequate answer to a question if the art. 196 of Criminal Code excessively limit the freedom of speech and artistic freedom. And so, first part of the work focuses on the analysis of types of criminal offenses defined in art. 196 of Criminal Code, second – analysis of the influence of art. 196 of Criminal Code on freedom of speech, artistic freedom and de lege ferenda stipulations, and the third – analysis of the possibility of introducing so called “justification of art” into Polish penal law, that would protect artists from possible criminal responsibility (i.a.) regarding offending another person’s religious feelings.
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Ulf Hannerz’s long-standing preoccupation with cosmopolitanism results, inter alia, from his international scholarly experience and Western European/Scandinavian familiarity with multiculturalism. With finesse and competence, he identifies various phases and faces of cosmopolitanism. The three categories presented cover much of the “cosmopolitan field” in the contemporary world. This attempt should be appreciated for being not speculative but realistic. Anthropologists value theories that “stay rather closer to the ground” than “drift off into logical dreams.” “Happy face cosmopolitanism” is realistic, since in the modern world we are observing the flow of ideas, items, technologies and pop-cultural “products” ranging from soccer to karaoke to cuisine. It is a hybridised world in which these modern products are inevitably indigenised.
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This article critically examines the 2003 Convention and the struggle of animal rights groups. Throughout the analysis references will be made to the currently inscribed elements to the Representative List of the Intangible Cultural Heritage of Humanity, and the 2003 Convention’s criteria in place. In addition, the article demonstrates the 2003 Convention’s implications for the current debates on intangible cultural heritage and animal rights through a case study from the Philippines. The questions raised are developed within the broader discourses of the political, philosophical, and legal literature relevant to the issue of animal rights and intangible cultural heritage. It is argued that intangible cultural heritage practices that maltreat animals are not sustainable, and the definition of sustainable development currently being used by the United Nations is more holistic and inclusive than understood by the designers of the 2003 Convention; it can encompass the rights of animals, not only when their abuse and mistreatment is considered as serious damage to the environment, but also when their right to exist within the environment is violated.
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This article demonstrates that the current international cultural heritage protection framework, particularly in relation to the World Heritage List, provides an insufficient legal framework within which to protect Indigenous heritage, both tangible and intangible. This inadequacy is largely attributed to the incompatibility of “cultural heritage” with “Indigenous heritage”. An analysis of two dual-listed World Heritage sites – Uluru-Kata Tjuta National Park and Tongariro National Park – reveals that their listing results in an international cultural heritage protection paradigm that is overly bureaucratized and endorses a European colonial State-centric perspective. It thus not only fails to adequately account for Indigenous understandings of cultural heritage, but provides protection that is, at best, piecemeal and inconsistent with the 1976 International Covenant on Economic, Social and Cultural Rights and the 2007 United Nations Declaration on the Rights of Indigenous Peoples. The rights and interests of States, tourism industries, and landowners in relation to the heritage listed are often privileged, and this has negative implications for Indigenous peoples whose rights, interests, identities, histories, practices, and knowledge systems are further marginalized during the very process by which States seek to “protect” their heritage.
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Review of: Andreas Joh. Wiesand, Kalliopi Chainoglou, Anna Śledzińska-Simon and Yvonne Donders (eds.), "Culture and Human Rights: The Wroclaw Commentaries" De Gruyter, Berlin – Boston 2016, pp. xxxi, 326 by: Robert McCorquodale
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According to the conclusions of this paper, hate speech can be defined as a complex and indirect form of political violence. In this case, the complexity refers to the criterion of the number of participants and their mutual relationship, while according to the method of violence, an indirect relationship is apparent between the hate speech broadcasters and the subject against whom the violence is carried out. Hate speech is aimed to provoke intolerance, hate and violence, towards an individual citizen or a group of people, most often due to their ethnical, religious, sexual or political background, and to encourage and confirm such discriminating attitudes. Although just one segment of its common manifestations relates directly to the political views of the victim, hate speech is an expression of extreme political standpoints, and its motives can be defined as political. Predetermination of the victim of hate speech can be found in their specific individual characteristic, singularity or affiliation, as a personal peculiarity of that person or a group. Such characteristics, as a rule, differ from the usual, major and generally accepted social category or value, in other words, the wider culture’s main stream. Personal characteristic of a particular person is precisely what is of vital importance for defining hate speech, since the message expressed in hate speech is aimed directly to frighten, insult or degrade on the basis of race, ethnic, religion, language, gender, sexuality, political belief, social origin, or other personal characteristics of an individual. The genesis of hate speech is more about its recognition as such, rather than its specific occurrence and historical development. Throughout centuries, there has been a socially accepted practice, where the winners in war completely destroyed their enemies, as retribution or a severe kind for a “punishment for defeat”. In such circumstances, it is quite certain that hate speech practically existed, but was not condemned. The political ideology of hate-speech broadcasters is not especially significant, since it was practically used both by radical leftists and right-wingers. However, regardless of whether it is a “Jewpig” or “The enemies of the people” (in the case of Holocaust or Stalin’s purges), the impression is that hate speech is a second-degree crime. In periods of mass murders and similar cruel crimes, hate speech goes relatively unnoticed. Nevertheless, it is noticeable that uncontrolled hate speech serves as an announcement, that is, an introduction to a crime of much wider proportions.
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In the era of the celebritization of political life and the so-called intimization of media content issue of the boundaries of legal protection against violations of privacy by the media is becoming increasingly important. In the first part of this article („SM” 2014, nr 2), the position of the European Court of Human Rights in the matters mentioned above is presented. In this part the favorable media Court’s position has been contrasted with much more restrictive relevant national rules. The possible effects of the Court’s approach on the public debate in Poland are analyzed. Attention has been drawn to the fact that this approach makes it easier for citizens to formulate judgments about moral attitudes of public figures, especially politicians.
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The article contains a discussion of the stand of the European Court of Human Rights concerning the legal boundaries of protecting privacy from violations on account of media. This standpoint evolved through the years, and as the key stages of this development, verdicts in the cases Tammer, von Hannover (1) and Axel Springer and von Hannover (nr 2) are recalled. The test created in these two verdicts is the crown achievement of the Courts jurisdiction work concerning the relations of article 8 and article 10 of the Convention.KEYWORDS
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