New technologies or new human rights: the right to a government by humans and the right to one’s own thoughts?

Author(s): Ryszard Piotrowski / Language(s): English Issue: 76/2018

The rapid development of information and communication technology has made it imperative that new human rights be spelled out, to cope with an array of expected threats associated with this process.With artificial intelligence being increasingly put to practical uses, the prospect arises of Man’s becoming more and more AI-dependant in multiple walks of life. This necessitates that a constitutional and international dimension be imparted to a right that stipulates that key state-level decisions impacting human condition, life and freedom must be made by humans, not automated systems or other AI contraptions. But if artificial intelligence were to make decisions, then it should be properly equipped with value-based criteria.The culture of abdication of privacy protection may breed consent to the creation and practical use of technologies capable to penetrate an individual consciousness without his or her consent. Evidence based on such thought interference must be barred from court proceedings. Everyone’s right to intellectual identity and integrity, the right to one’s thoughts being free from technological interference, is as essential for the survival of the democratic system as the right to privacy – and it may well prove equally endangered.

LOS DERECHOS DE LOS TRABAJADORES INMIGRANTES DURANTE LA PANDEMIA

Author(s): Nicoleta Enache / Language(s): Spanish Issue: 4 (53)/2021

International migration characterizes contemporary social and economic life.As governments around the world take on this reality, they face the challenge of developingeffective cooperation in this area. Migration is closely linked to the broader globaltransformations of the economic spheres, social, political and technological problems thataffect a wide variety of political problems at a high level, and labor migration responds to thechallenges posed by these changes that require presence of foreign workers in industrializedcountries. Most migrants respond to employment problems and, in this regard, theInternational Labor Organization has been particularly concerned about employmentprospects and migratory flows.

ESTE NO ES UN PLANETA DE DESECHO; LA PARTICIPACIÓN DEL GÉNERO HUMANO FRENTE A LA DEGRADACIÓN MEDIOAMBIENTAL

Author(s): Oscar Samario Hernández / Language(s): Spanish Issue: 4 (53)/2021

This year the international community recalled under a common celebrationabout the achievement of humanity that managed to put man on Earth's satellite; Moon. OnJuly 20, 1969 the media reported this event, this year is still remembered, but it is also newsthat from the photographs sent by the Apollo missions taken from the space in which thesplendor of the Earth with its characteristic blue color, we call it the Great Blue Marble, thehome of humanity today at risk of threat from pollution, the scientific community, organizationsand international organizations have warned of the consequences and risks if thisdeterioration continues. This work is a recognition of this concern, but it is also a call to theresponsibility of mankind to act in the face of the imminent danger of climate change

Acuzatul, avocatul și judecătorul, participanți necesari la procedura audierii martorilor. Sinteză a jurisprudenței Curții Europene a Drepturilor Omului

Author(s): Iulian Bălan / Language(s): Romanian Issue: 09/2021

The object of the paper are the standards which, according to the European Court of Human Rights, must be met by the procedure of hearing witnesses so that the defendant be given an adequate and proper opportunity to question them and the requirements of the fair trial be satisfied. Those standards include a relative right of the accused to confront the prosecution witnesses, the right to legal assistance and the principle of immediacy of witness examination. The latter principle has certain implications regarding the requirement that witnesses should give evidence at trial and that the hearing of witnesses should be repeated in the appeal proceedings and in other situations in which new judges are appointed during trial. It is applicable, pace the Constitutional Court, in the procedure concerning the confirmation of the prosecutor’s decision to discontinue the proceedings. All along the study we follow the way in which the European Court of Human Rights uses the method of combination of criteria to evaluate the interferences with the rights of the accused.

Swoboda wypowiedzi podczas czynności przesłuchania (zagadnienia wybrane na tle udziału świadka)

Author(s): Dariusz Jagiełło / Language(s): Polish Issue: 46/2019

The article aims to indicate doubts as to the interpretation of freedom of expression as the stage of the interview. Guaranteeing the interrogated freedom of expression, other than being a legal requirement, guarantees the proper performance of the interrogation activity. This action can also be used for: psychological observation, assessment of truthfulness (with knowledge of the course of the event), confrontation with evidence gathered in the proceedings, etc. It will also allow the adoption of appropriate tactics, methods or interrogation strategies, or give rise to modify the one already used. The work focuses exclusively on the participation of the witness and the procedural activities carried out with him.

Despre intrarea în vigoare a Protocolului nr. 15 la Convenția pentru apărarea drepturilor omului și a libertăților fundamentale

Author(s): Marta-Claudia Cliza,Laura-Cristiana Spătaru-Negură / Language(s): Romanian Issue: 10/2021

The present study aims to present to the general public information about the reform process of the European Court of Human Rights, in general, and about the entry into force of Protocol No 15 to the Convention for the Protection of Human Rights and Fundamental Freedoms, in particular.Given the very large number of applications submitted for settlement to the Strasbourg Court, over time an attempt has been made to outline a process of reform of this international jurisdiction, including short, medium and long-term measures. Thus, although opened for signature by the High Contracting Parties on 24 June 2013, Protocol No 15 entered into force recently, on 1 August 2021, following the deposit by Italy of the instrument of ratification of the Protocol.We intend to analyze in this study what are the important amendments brought to the Convention by this protocol of amendment, meant to ensure the effectiveness of the European Court of Human Rights. We consider that the dissemination of the provisions of Protocol No 15 to the Convention will help the interested parties to become aware of the latest amendments to the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms, in particular to the provisions regarding the reduction of the time limit for bringing the matter before the Court.

Labor Market Developments in the Romanian Regions after the Accession to the European Union: Employment, Wages, Structural Shifts

Author(s): Marioara Iordan,Mihaela-Nona Chilian / Language(s): English Issue: 1/2019

Access to adequate workforce, in numbers and in skills, is a continuous hot issue for all businesses, no matter if they are large or small, long-time established or startups, from urban or rural areas, as well as for all types of economies in terms of territorial aggregation. The adequate and timely matching of labor demand and labor supply in the labor market is never very smooth; one may always find time and spatial delays in the national, regional and local economies. The paper presents, a brief, sectoral analysis of the key developments of labor market in the Romanian regions during the post-accession-post-crisis period, regarding the evolutions of employment, of wages and labor market structure. The results reveal different types of evolution on the Romanian labor market, occurred both sectorally and regionally after the country’s accession to the EU: endurance (quasimaintenance of a previously established dynamic equilibrium), break (shift towards a new dynamic equilibrium, either after accommodating a shock or not), and also distinctiveness (peculiar evolutions in a certain region as compared to the other regions). Such developments would necessarily involve the thorough and careful attention of the national and/or territorial policy makers and government authorities when nationally and/or territorially implementing the EU legislation in different areas of economic and social interest and when drawing up and applying the nationally-planned and regional/local policies.

UNITED NATIONS CONVENTION ON THE RIGHTS OF CHILD: FORCED CONVERSION OF HINDU MINOR GIRLS IN PAKISTAN

Author(s): Muhammad Imran Ali / Language(s): English Issue: 42/2021

Pakistan has ratified the United Nations Convention on the Rights of Child expressing therein that the right to freedom of religion incorporates that nobody ought to be compelled to change his religion. Pakistan’s constitution guarantees religious freedom to all minority communities in Pakistan. Forced conversion to Islam has become another type of rough fanaticism in Pakistan. Constrained transformation is the point at which an individual who uses pressure, power, intimidation, or danger to drive someone else to acknowledge another religion. It influences almost all minority groups in Pakistan, but the biggest victims are Hindu minor girls in Sindh province. It should be forbidden to pursue a position of power to entice vulnerable Hindu minor girls to convert under duress. As the criminal justice system in Pakistan is not addressing this issue effectively, legislation is urgently needed to protect vulnerable children. This article focuses on the need to promulgate a law providing forcible conversion of Hindu minor girls as a criminal offense. A literature review method is adopted for this paper.

PRINCIPLE OF NON-DISCRIMINATION AND EQUAL TREATMENT

Author(s): Anca Florina Morostes,Mihaela Narcisa Stoicu / Language(s): English Issue: 42/2021

With its evolution, society has introduced human rights as intrinsic values in its acts on the regulation of relations of human nature. Significant victories in the struggle for social freedoms materialized with the adoption of the first declarations of rights, which formed the basis for the passing of later constitutions. Therefore, the modern state, inclined to the protection of its citizens, is unthinkable in its functionality, without stating and guaranteeing human rights in their fundamental law. In addition, it is necessary to point out that these rights have a universal character, namely their protection for each person, regardless of nationality, ethnicity, race, religion, level of health, person’s status, etc. The Constitution of Romania states in art. 15 par. (1) on this that: "All citizens benefit from the rights and freedoms enshrined in the Constitution and other laws and have the obligations provided for therein".

NAČELO ZAKONITOSTI I SUĐENJE ZA ZLOČIN PROTIV ČOVEČNOSTI U BOSNI I HERCEGOVINI

Author(s): Olivera Ševo / Language(s): Serbian Issue: 2/2021

Rad se bavi suđenjem za zločin protiv čovečnosti u Bosni i Hercegovini (BiH) posmatranim kroz prizmu načela zakonitosti. Suđenje za zločin protiv čovečnosti u BiH otvorilo je pitanje poštovanja načela zakonitosti u ovim suđenjima i učinilo vidljivim niz antagonizama u pogledu shvatanja ovog načela u različitim granama prava i pravnim sistemima. U tom svetlu, rad nastoji da odgovori na pitanje kako je došlo do suđenja za zločin protiv čovečnosti u okviru pravosudnog sistema BiH, a uvažavajući činjenicu da zločin protiv čovečnosti nije bio propisan u zakonu vremena izvršenja krivičnog dela, te koje su reperkusije takvog suđenja po načelo zakonitosti kako je ono shvaćeno u kontinentalnoj krivičnopravnoj tradiciji. U radu se pojašnjava struktura pravosudnog sistema u BiH u kontekstu nadležnosti za suđenje zločina protiv čovečnosti, kao i položaj načela zakonitosti u zakonodavstvu BiH. Potom se rad bavi razvojnim putem suđenja za zločin protiv čovečnosti u BiH kroz analizu sudske prakse Suda Bosne i Hercegovine, Ustavnog suda Bosne i Hercegovine i Evropskog suda za ljudska prava, koja je povezana sa pitanjem poštovanja načela zakonitosti u ovim suđenjima. Konačno, u radu se nastoji dati prikaz shvatanja načela zakonitosti u okviru različitih grana prava i utvrditi njihov odnos sa načelom zakonitosti posmatranim iz ugla kontinentalne krivičnopravne tradicije.

PRAVO NA OBRAZLOŽENU NAREDBU O ODREĐIVANJU POSEBNIH DOKAZNIH RADNJI I (KRITIČKI) OSVRT NA PRAKSU EVROPSKOG SUDA ZA LJUDSKA PRAVA

Author(s): Krsto Pejović,Nina Paović / Language(s): Serbian Issue: 2/2021

Increasingly dangerous, and internationally distributed, (organized) crime has caused the need for states to find adequate means to put an end to all this. Of course, today, as many years before, we can hear that criminals are „one step ahead of the state.” That, when we look at the situation around us, is unfortunately not far from the truth. However, faced with this problem, states at the normative level, in order to anticipate criminal behavior, as well as, if the crime has already been committed, to reliably identify the perpetrators, stipulate (beside general evidentiary actions) special evidentiary actions / techniques in national legislation. That is quite legitimate. However, when the state prescribes certain rules, or conditions under which certain (evidentiary) actions must be taken, then it is more than unusual that state does not respect what it has prescribed. In the following lines, we were dealing with special evidentiary actions, predominantly the general characteristics of the same and in connection with them the practice of the ECtHR. All this with the aim of trying to present (from our point of view) a plausible practice, with the hope that we will break with the previous one, which in our opinion is not good.

INTERNAL SETTLEMENT OF MEDICAL CONFLICTS IN THE SOCIAL SECURITY IN THE ALGERIAN LAW 08-08

Author(s): Achewek Zahdour / Language(s): English Issue: 1 (54)/2022

The Algerian legislature has established in the law number 08-08 related toconflicts of social security, mechanisms for the settlement of medical conflicts in the socialsecurity internally, limiting them to two methods, medical expertise or an objection before thecompetent State Disability Commission, before access to justice as an amicable solution tothe notion of social security protection.

CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS OF HATE CRIMES

Author(s): Darko Dimovski / Language(s): English Issue: 2/2021

The author deals with the case law of the European Court of Human Rights with regard to hate crimes. The paper presents and analyzes the Court judgments entailing the obligation to examine the existence of prejudice in the committed offenses, envisaged in Articles 2, 3 and 8 in conjunction with Article 14 of the Convention. The Court’s case-law initially pertained to hate crimes committed by state authorities, but it subsequently evolved to cover hate crimes committed by individuals. At the end of the paper, the author presents a normative framework of hate crimes in the Republic of Serbia and points out to the shortcomings in the mode of incrimination, as well as to the problem of not applying the standards established by the Court in investigating the existence of possible prejudice in the committed crimes.

Pravo na anonimni porođaj naspram prava deteta na identitet

Author(s): Tamara Mladenović / Language(s): Serbian Issue: 2/2021

The right to identity of the child, internationally recognized by the UN Convention on the Rights of the Child, is one of the most important in the corpus of child rights. Its structure is complex since it includes several narrower rights. Nevertheless, the situations where it comes to restriction of the right to identity are not negligible. One of them is the right to anonymous birth, the possibility acknowledged by legislators in a certain number of European countries. Conflicting interests between a mother and a child are inevitable consequence of the anonymous birth. The aim of this article is to compare the right to identity of a child and the mother’s right to anonymous birth as insurmountable barrier in determining biological origin. Special attention is paid to the possibility of establishing an adequate balance between their interests, by comparing the importance that national legal system offers to each of them, with appropriate arguments, several different models of motherhood regulations are presented and can be found in European legislations. The analysis also includes the stances of international bodies, especially the European Court of Human Rights.

NADMIERNY FORMALIZM PROCESOWY JAKO NARUSZENIE ART. 6 UST. 1 KONWENCJI O OCHRONIE PRAW CZŁOWIEKA I PODSTAWOWYCH WOLNOŚCI

Author(s): Marcin Szwed / Language(s): Polish Issue: 2/2020

All judicial proceedings are inevitably based on the formalized procedures. Procedural provisions pursue many important objectives, such ensuring the effectiveness of proceedings or protecting legal certainty by regulating the competences of procedural bodies and the rights and duties of parties. At the same time, excessive procedural formalism may disproportionately limit the right to court, making access to court illusory. Within the framework of the European Convention on Human Rights, the permissible limits of procedural formalism are set by Article 6(1). The European Court of Human Rights, assessing whether excessive formalism has occurred in a given case, examines whether relevant formal requirements served a legitimate purpose, in particular legal certainty and proper administration of justice, and did not lead to a disproportionate restriction of the right of access to court. This assessment is made on the basis of all relevant circumstances of the case, such as the stage at which the proceedings were terminated, the type of proceedings, the party’s due diligence, the existence of circumstances justifying failure to comply with a formal requirement or the fact that the party was represented by a professional representative. Therefore, not only the content of national provisions is important, but also the manner of their application by courts.

Frédéric SUDRE (dir. ș.a.), LES GRANDS ARRÊTS DE LA COUR EUROPÉENNE DES DROITS DE L’HOMME, 9e édition, Presses Universitaire de France (Humensis), Paris, 2019

Author(s): Ovidiu Predescu / Language(s): Romanian Issue: 1/2020

HUMAN RIGHTS IN OUTER SPACE: A THEORETICAL-LEGAL PROTOTYPE

Author(s): Nicolae Voiculescu,Maria Beatrice Berna / Language(s): English Issue: XX/2021

In this paper we aim to explore the legal meaning of inserting human existence in the logic of outer space from the perspective of the regulations outlined in the matter. Our analysis will model two directions of action: (1) the consequences of the paradigm shift on human rights theory; (2) identifying the legal elements that precede a space human rights law. The existing space law provides for the protection of human rights to the extent that the individual is engaged in space exploration activities - this is the current prototype for the application of human rights in space. Hence, the existence of the prototype contributes to the foundation of an independent field of study that promotes the human dimension within the exploration of outer space.

THE LEGAL CONSEQUENCES OF THE FACEBOOK-CAMBRIDGE ANALYTICA SCANDAL ON THE EU INFORMATION SOCIETY; THE PROPOSAL OF E-PRIVACY REGULATION

Author(s): Andreea Buruiană / Language(s): English Issue: XX/2021

This article seeks to analyse the evolution of personal data protection regulations in historical, legal and cultural contexts. We will dwell, on the main issue concerning the impact of the introduction of the forthcoming e-Privacy Regulation. We will analyse the existing provisions on the protection of personal data in European law, the legislation and case law of the CJEU, and discuss the legal implications of the Facebook-Cambridge Analytica scandal in relation with the proposed E-Privacy Regulation.

DETERMINING THE CONTENT OF CORPORATE REPORTING ON HUMAN RIGHTS

Author(s): Ana Čertanec / Language(s): English Issue: 4/2021

Business enterprises have to report their activities to stakeholders in order to provide corporate transparency. Non-financial corporate reports provide a comprehensive coverage of environmental, socio-economic, labor, health, and human rights issues. In the paper the author argues that a uniform definition of a sector-specific human rights issue in reporting frameworks, rather than self-identification by enterprises of salient human rights issues, would help to achieve standardization and thus the possibility of sanctions in the event of false or misleading reporting. The author analyzes existing international and regional non-financial reporting instruments regarding the human rights included in it. The main content issues of non-financial reporting are derived and given requirements to improve them. The author further analyzes whether the two main frameworks for human rights reporting (the GRI Standards and the UNGPs Reporting Framework) currently meet the requirements for content defined in the paper and, if not, how they can be changed.

МЕХАНИЗМИ ЗА СПРЕЧУВАЊЕ НА ТОРТУРА НА МЕСТАТА НА ЗАДРЖУВАЊЕ НА ЛИЦА

Author(s): Aneta Stanchevska / Language(s): Macedonian Issue: 16/2021

The main goal of the research in this paper is the protection and pro-motion of human rights based on international acts and documents. Torture and other cruel, inhuman or degrading treatment or punishment of people are prohibited and represent the most serious violation of human rights and for these reasons a number of measures are necessary to strengthen the protection of persons deprived of their freedom of torture and other forms of inhuman or degrading treatment or torture in order to achieve the objectives of the Convention against Torture and another kind of cruel, inhuman or degrading treatment and punishment.