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The topic of fundamental rights is crucial from the perspective of contemporary social and legal thought. The triumph of fundamental rights can even be referred to as one of the indicators of philosophical modernity. The mainstream approach to fundamental rights is unequivocally optimistic and affirmative. According to this vision, humanity, following Kant's injunction sapere aude, discovered/created and is creatively developing a historically optimal set of normative indicators of functioning for individuals and groups. Author prefers different visions of fundamental rights. His aim is to interpret in a generalising manner the approach to individual rights in critical legal and social thought. He understands the latter as a set of emancipatory discourses, the juridical local variation of which is the Critical Legal Studies movement, not only in its American version, but also in its European version (encompassing various gender and queer theories, post-colonial theories, critical sociology, communication theories, post-humanist theories). The direct intertextual genealogy of various rules adopted by those discourses leads back to the so-called “French theory”, i.e. the thought of French post-structuralists, in particular Michel Foucault and to the programmes of critical theory elaborated by the Frankfurt School.
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In this paper, the author reflects on the level of knowledge of law in the society. In contemporary socio-legal relations the citizen is obliged to know and obey the law. However, the current policy of the law, in particular the way in which the information about legal regulations are spread, incomprehensible language of normative acts and multitude of new restrictions, make it difficult for individual unit to familiarize yourself with applicable law. Ignorance of the law makes that often the subjective rights of citizens are violated and disrespected. Moreover, the behaviour inconsistent with the provisions of the law may also expose individual unit to legal sanctions, often disproportionate to the committed action, or its omission.
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Societies need the resources such as: trust, values, norms, extensive vertical and horizontal interaction networks, for their existence and development. The size of these resources depends significantly on type of the social order existing in a given society. Democratic state exists, develops or degenerates along with its resources. Social capital is one of the key factors determining the disposition of the society to growth and to maintain the moral and social order based on the democratic principles of social life.
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This paper presents the notion of the protection of the rights of the Individuals on the basis of certain social processes and cultural conditions. Solidaristic, Communitarian, and Rorty’s pragmatic visions of individual rights rejected the notion of its protection on the basis of philosophical legitimation (on the Enlightment's universalistic approach towards rights of the individuals) or positivistic (on the notion that the legal acts in themselves are the sole source of individual's rights). Solidaristic approach hinges heavily on inter-personal relations and ever increasing complexity of social interactions resulting in increase in person’s individualization within the society. Communitarian approach relies on the assumption of balance between individual's rights and obligation within the society. According to this view the origins of rights of the individuals lay in the moral progress of the society. According to the Rorty's pragmatic approach protection of the rights of individuals in the Western culture has been achieved due to sense security and sympathy developed in the social life. This in turns allow for every individual to be treated on the equal footing.
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Employment has many functions in human life. It gives the opportunity for fulfill human needs, it is a source of social identity, and social status, it gives the opportunity to develop, as well as participate in a broader social activity. The consequences of unemployment can be very serious: from economic consequences, psychological, moral and social can lead to situations in which human dignity is humiliated. Unemployment is classified as difficult and traumatic situation. It can be seen as a failure, a situation which lowers self-esteem and directly affects human dignity. The phenomenon of lack of work changes the position of the individual in the social structure. That means social degradation. Studies show a decrease in the unemployed living standards as a result of unemployment. As a result of job loss the negative feelings may appear, like apathy, depression and even suicidal thoughts.
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The right to privacy is a very important human right. The term is not well defined. The two essential factors creating the sense of privacy seem to be the control of information flow concerning oneself and freedom to decide about one's life. Legal protection of right to privacy is different as far as different levels are concerned: horizontal (citizen − citizen) or vertical (state − citizen). The right to privacy is undoubtedly better-protected on the horizontal level. On the vertical level some violation is justified by public interest, mostly − by safety reasons. As far as an individual's consciousness is concerned, one can point out at the internal sense of privacy (the need not to reveal information on oneself) and the external sense of privacy (an individual's behavior connected with displaying private information publicly). One's belief as to what one's private sphere involves, both in relation to the subject of information (who the information concerns) and in relation to the object of information (what the information concerns), is influenced by different factors. Two tendencies can be observed in privacy − related behaviors nowadays: on one hand selling or giving one's privacy away and on the other hand its strong protection. Voluntary resignation from the right to privacy is not irreversible, but harms made this way usually stay long.
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This study touches on the issue of selected elements of the right to good legislation and its significance for social life. This right is not always properly reflected in, or recognised by, the law, whereas its principal function is to ensure the appropriate substantive and formal quality of the law that is being enacted. The discussion being launched is aimed at presenting those aspects of the right to good legislation which affect, in particular, the public. These include the underlying principles of suitable legislation, established through the judicial decisions of the Constitutional Tribunal, and selected issues related to the rationality of the law. The final part of the study provides a summary of the issues discussed.
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Madagascar, like most African countries signed and ratified International fundamental human rights conventions. However ratified international conventions do not ensure full protection of human rights in Madagascar. One of the rights commonly broken by the authorities and by Madagascar Justice is the right to personal liberty and the right to defence by the justice system. Often there are unlawful and unjust imprisonments (that can last for years) of accused persons without a decisions of the courts. Also, there is illegal retention of members of the (political) opposition. Madagascar prisons do not meet minimum provisions for the life of inmates. The reasons for this human rights violation on the one hand points to the difficult socio-economic situation of the country (poverty and high illiteracy) and on the other hand the cultural context, particularly the idea fihavanana, which is based on the principle of group solidarity.
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Kurdish genocide in Iraqi Kurdistan marked a turning point in Iraqi-Kurdish conflict which dates back to the beginning of the 20th century. Iraqi nationalist party, Al-Baas, which took over power in 1963 introduced a policy of repressions against Kurds and was successively displacing them from their indigenous areas to the territory inhabited by Arab population who was loyal to the government. Iraqi government was destroying and confiscating the property of the Kurdish minority on a massive and organized scale. It banned Kurds from staying in designated prohibited zones, and carried out massive scale ethnic cleansing. The number of Kurds who fell victim to the regime of Saddam Hussein is estimated at 182 thousand. Chemical attack in the town of Halabja killed over 5 thousand people and those who survived still feel the impact of this deadly attack. It was exactly Halabja chemical attack that led to the internalization of the Kurdish problem and finally to the emergence of an independent Kurdish autonomy protected by international forces under the auspices of the United Nations. Following the collapse of Iraqi regime in 2003, nearly all authors of the chemical attack and other crimes against Kurds were brought to court and sentenced.
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This text presents the application of the Charter of Fundamental Rights by Polish courts since the entry into force of the Charter in December2009. As the Charter is an element of the ‘external’ constitution for the Republicof Poland, similar to the European Convention on Human Rights, the practiceof the Polish Constitutional Tribunal is of particular importance in this analysis.Hence the referral to the Charter by common and administrative courts is ratherbriefly described and the main focus of the text is on the broader analysis of the way of and reasons for using the Charter by the Constitutional Tribunal. While the Charter is not treated as a model for the hierarchical analysis of norms in cases of constitutional complaints, it can however be offered as such a model in cases of abstract control and legal questions filed by the Courts. The use of the Charter might be further clarified by an answer of the Court of Justice of the European Union to the first request for preliminary ruling made by the Polish Constitutional Tribunal in case C-390/15 RPO.
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Pollution is the most likely cause for the biblical hue of water in notoriously polluted Norilsk.
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In the European legal culture evolved into a model of justice. This model reflects a legal tradition derived from Roman law and Canon law. It was based on the so-called principles, which include: openness of procedures, impartiality, discretion, professionalism and openness of procedures and the same proceedings. There by, it aspire to objectifi cation procedural steps, while judges detach from judgments or decisions. These standards have been saved in a number of acts of international law and in the constitutions of the various states, including the Constitution of Polish Republic. Modern judicial system provides advanced and equal access for all people not only to courts and tribunals but also to a just and public assessment of the case by a proper, independent and impartial court. In other words, it is one of the most fundamental human rights.
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The article deals with an outline history of development of the right to privacy in the legal system of the United Kingdom. It is also to serve as a critical analysis of existing in this legal system contemporary model of privacy protection formed by the mutual relation between jurisdiction, statute law norms and the correlation between the right to privacy and the right to information and freedom of speech.
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In 1842 the British Consul of Morocco stated that as part of his government he is around to abolish the slavery permanently, and do everything in order to introduce the suppression of the slave trade measures. To this statement that was addressed to I. Abdul-Mejid (1823-1861) Sultan he replied the next: “The slave trade is a case in which from the time of Adam and sons to our days all religions, sects and nations have agreed…" Then he added “I do not know any single religion, sect that specifically forbade slavery, so there is no need to raise related issues. Such and similar questions lead both to too low and too lofty answers, although the phenomenon is such natural, as the sun rises.”Unfortunately, the Sultan’s today obsolete perception of abolition the slave trade contained legally founded statements. The institution of slavery actually existed since time immemorial in the ancient civilizations: in Asia Africa Europe and in America before Columbus. Accepted and even supported the Judaism, Christianity, Islam and other world religions.The institution officially survived in the Ottoman Empire until 1890 significantly longer than the transatlantic slave trade. In my essay I study the reason of this phenomenon, especially the slavery traditions of the Ottoman Empire, the religious and secular legal background comparing the most important features to the transatlantic slave trade and slavery.
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The reaction against domestic violence, and above all, violence against children at the national level, is reflected in the prevention, detection of individual cases of violence, providing immediate legal protection and an active role of the institutions of the system of education, healthcare, social welfare and judiciary. The first part of the paper is aimed at the legal system’s functioning that is reflected in the implementation of measures in each specific case where protection of children as victims of violence is necessary. The second part of the paper is devoted to international legal cooperation of states within the framework of various international organisations with a view of defining domestic violence as a violation of basic human rights to life and health. Starting from the universal nature of the problem of domestic violence in contemporary society, internationally adopted documents are binding on member states to undertake legal reforms, a series of protective measures, educational programmes and other forms of protection from violent behaviour. The weight and the volume of domestic violence have also made it the topic of private international legal regulations that have not so far observed the frequency and complexity of the issues in this domain.
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The article presents a theoretical analysis of legal provisions laid in Article 19 of the European Social Charter, which regulates protection of the rights of migrant workers and their families in the countries of the European Union. The legal interpretation of the above provisions and the terms used therein in conjunction with the analysis of the practice of the Committee of Social Rights, which monitors the implementation of the Charter by the member countries, is important for understanding and application of the Charter in the Russian Federation, which has signed and ratified it.
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The article investigates the features of implementation of the civil rules of international treaties in the sphere of copyright in the legislation of the Russian Federation. It is concluded that the above implementation has a proactive nature. The influence of the provisions of international treaties on the development of national legal systems is considered. The main trends in the development of the legal regulation of relations in the field of intellectual property usage are analyzed.
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Human rights have become one of the most pressing and intractable matters of political life, and perhaps even of life as such. We might even say that there could be no life without human rights, without, at the very least, the right to live. This is why, from their very beginnings, human rights have always been a way to think about what it means to be human, and what it means to have the right both to live and to be human. Why do governments abuse human rights and what can be done to deter and reverse abusive practices? The technology offers important health and nonhealth benefits, but raises ethical concerns, including privacy and the potential for coercive implantation of RFID tags in humans before their use becomes widespread and it becomes too late to prevent misuse of this usefull but ethically probematic technology.There is a benefit of an implanable RFID chip but also the erosion of our privacy and a right to bodily integrity might be a problem. Implanting humans with RFID tags is leading to some difficult questions as well as cameras all over the world and eavesdropping. They are definitively threats to humans privacy and the experts must consider how to balance between securitiy and liberty.
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