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Recently, the problem of discrimination and racism has become particularly acute in American society due to the fact that racism still exists in the subconscious of Americans. This is evidenced by the discriminatory speeches of former US leader Donald Trump, the methods used by the police against the black population and the attitude of the older generation of the southern states. In the 21st century, no statement or action can go unnoticed and have a great resonance, but this was not always the case. The theme of racism is still not forgotten, because there are still stories in which there is discrimination on the basis of race. The purpose of this article is to analyze the path of black people and activists, from humiliation, discrimination, lawlessness to respect and equality. Find out what obstacles activists encountered in gaining civil rights. Research methods: used general scientific research methods (logical, structural-systemic, analysis, synthesis, induction, deduction, method of comparison) and specific-historical (comparative-historical, historical-genetic, historical-typological). Conclusions. Activists of the civil rights movement of the black population have achieved extraordinary results. The black population was finally able to move freely around the country, not afraid of persecution by radical racist organizations. They received the right to get a high-quality education, to visit various public places, parks and libraries previously prohibited for them; they began to be served in cafes and restaurants. On public transport, everyone could sit wherever they wanted. Most importantly, they were given the right to vote, the right to get a good job and a promotion, and all those rights that were not available to them because of their skin color. Civil rights activists and ordinary citizens have come a long way for equal rights, but to get rid of prejudices based on race, unfortunately, still a long way to go.
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The governance of migration flows largely depends on the development of an effective system for returning illegally staying foreigners. Forced return is seen as a "last resort" in the prevention of irregular migration and should be subject to the principles of proportionality and not exceeding reasonable force. In this regard, there is agreement that monitoring of return not only brings openness and clarity on the conditions and treatment, but represents an additional guarantee for the return of persons, including those with special protection needs. In this context, the introduction of an independent and effective monitoring mechanism is a key aspect for the development of the overall framework for forced return in accordance with Directive 2008/115/EC. The aim of the Handbook for forced return monitoring is to provide practical guidance and recommendations to independent observers and standardised report for forced return monitoring. This Handook is developed within the Annual Programme 2013 in scheme grants BG / RF (3) - 2013 "Forced return monitoring" by the Center for the Study of Democracy.
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The contemporary migrant crisis has become a global problem that has affected the countries of Africa, the Middle East, South Asia and Europe. Refugees and migrants are not new terms; they have been known in the Old and Middle Ages and have continuously existed to this day. This article explains the difference between the terms refugees and migrants. Then this article deals with migrations and the emigration of Serbs through the last century to these days. In this article, the problem of refugees that has existed for centuries has been dealt with from the international legal point of view. In the first and second decade of this century, the refugee and migrant issues have become a global problem, created by the wars and arm conflicts in the Middle East and Africa. It is estimated that at least four million refugees due to these wars and armed conflicts in these areas left their homes for justified fear for their lives. Terrorism has also become an international problem. Europe is exposed to the biggest blow and inflow of migrants and refugees from the Middle East and Africa, which caused a different stance in the countries in the European Union over the admission of migrants and refugees. The fact is that the United Nations and all other international organizations are not able to solve the problem of migrant and refugee crises as well as international terrorism. The author believes that only the cessation of the aforementioned wars and armed conflicts in these areas would solve the migrant and refugee crisis, then there would be no justifiable fear for the lives of people who live in these areas, i.e. countries.
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The author sets out from the premise that the arbitrary treatment of a patient is a form of illegal treatment. One may speak of arbitrary treatment in the case when the patient is not asked for his consent to undergo a certain medical intervention, when he refuses to give his consent for the intervention or when his consent is not legally valid. It is possible to present arbitrary treatment as a social phenomenon and as a legal problem only through clarifying the consent for treatment and the conditions for its validity. The first part of the paper is devoted to this issue. In the second part of his paper, the author discusses the different academic iiltcrprclations regarding the legal nature of arbitrary treatment. He lays particular emphasis on the existence of different views about whether the prohibition of arbitrary treatment is solely to protect the patient's freedom to decide on his own physical integrity or physical integrity itself.. The former viewpoint is upheld in the Criminal Code of Austria while the latter is to be found in the practice of the German and Swiss courts. However, these differences in criminal law have had no effect on civil liability in these countries because Austrian civil courts qualify the arbitrary treatment of patients as bodily injury. This means that the notions of bodily injury in criminal and civil law are different. Arbitrary curative treatment of the body of a patient is and remains legally impermissible even in the case when the desired aim is achieved. Therefore, there is room for criminal responsibility' because of the criminal act or misdemeanour. However, liability in tort for this act is governed by another logic because it presumes the existence of loss. If there is no loss, then the right to compensation is excluded. If the court sentence would allow satisfaction (i.c. a sum of money) to the patient merely' because of the doctor's disregard for the patient's right to dispose of his own body this would not be in keeping with ethics. Furthermore, neither is the legal foundation for such a measure within reach.
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In the article are analyzed different ways accepted in the Roman experience (between the Late Republic and the Early Principate) of putting of imposing of sanctions for nonperformance of the contractor of the public services. When it is excluded the possibility of the exercising of the actio locati from the representative of Populus, it is paid attention to the multae dictio like an afflictive solution less severe prescribed in the articles of the contract for the public services. It is reviewed the venditio praedum-praediorum, confirming on the base of leges Malacitana and Irnitana (chapters 64 e 65), that it in the case of nonperformance of the contractor of public work consists also in relocatio operis. In the hypothesis of one nonperformance harming the rights of third persons beneficiaries of the public service, it is obvious the using of the procedure of the recuperatores which has an acute public character. In the evaluation of the synthesis it is criticized the opinion according to which the private persons are involved (for example with the cession of the credits) sanctioning the redemptores who do not perform their engagement.
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In April 2013, the representatives of the Council of Europe and the European Union finalized the draft Accession Agreement that would allow the EU to accede to Convention. Taking the draft Accession Agreement as a starting point, this paper examines the co-respondent mechanism. After identifying the main features of the given mechanism, this paper aims to assess an extent to which the correspondent mechanism as determined by the given draft is capable to achieve the anticipated goals.
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(Още за отношението "господар-роб" в модерната култура на Запада)
The study focuses on the problem of 'master-slave' relations in Modern Times. Analysing the ideology of slave ownership in the United States, the author puts forward the arguments about the continuity of the 'master' attitude in the conditions of the liberal democratic West.
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The collection contains studies and articles from all areas of legal science, united by the authors' respect to Prof. E. Konstantinov and presenting topical legal issues.The collection will be useful to specialists interested in international law and international relations, scientists from all branches of law, lawyers and students.
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The world outlook and general theoretical aspects of the problem of priority directions determination of social service system functioning and development in rural territorial communities are investigated in the article within the framework of modern social political theory as well as humanitarian and philosophical understanding of human essence and human rights.
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This article is devoted to the certain aspects of protection of liberty of thought, conscience and religion in the meaning of Art. 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms. We have studied the complexity of the key concepts interpretation, the essence of which is guaranteed by the Convention, due to the lack of extensive practice of the European Commission on Human Rights and the Human Rights Court. It is noted that for a long time in a significant number of complaints the Convention body has come to the conclusion that the issues raised in the complaints, might be considered through the prism or Art. 10, as they concerned freedom of expression, or fell within the limits of Art. 11 of the Convention, which guarantees freedom of assembly and association. At the same time, the values protected by Art. 9 are related to those ones, which are provided in Art. 8 and demand the respect for privacy. It is also closely linked to the right of parents to provide such education and training as it is consistent with their religious and ideological beliefs, as guaranteed by Art. 2 of the First Protocol to the Convention.This article illustrates the fact that the conventional understanding of these complex, deep and multifaceted concepts at the present stage is formed with the development of the case law of the European Human Rights Court, which in its activities is guided by the principle of effective and dynamic interpretation of conventions and other related principles, which ensures the protective mechanism effectiveness. As the time is extended, the Court case-law has developed an approach that allows to assess the views that the petitioners plan to benefit from the protection of the Convention for the Protection of Human Rights and Fundamental Freedoms. Such views in the meaning of Art. 9 must, first of all, be to some extent "convincing, serious, holistic and meaningful" and, secondly, be "compatible with human dignity".Taking into consideration the compiled content of the right guaranteed by Art. 9, viz. that it contains two aspects such as forum internum (internal) and forum externum (external), the article notes that regulation can be involved only in the case of forum externum. As long as liberty of thought, conscience and religion remains within a human being, this right is considered to be absolute. The state has a negative obligation not to interfere in such a right.In the framework of this article, the author considers it appropriate to state the position of the European Union on the attitude and ways to effectively address these issues. As the subject of international law and one of the most influential international organizations based on the values of human dignity, freedom, equality and respect for human rights (Art. 2 of the Treaty on European Union), the EU advocates for their real protection, which requires the development of specific legal instruments.Therefore, both the EU internal and international activities are based on the principles that underlie its creation. It is the foreign policy aspect of the EU human rights activities that is the subject of our article that is reflected in the “European Union Guiding Principles on the Promotion and Protection of Religious Freedom or Belief”.The article draws a number of conclusions. First of all, the right of liberty of thought, conscience and religion is one of the key principle of a democratic society and the value in European cultural and historical heritage. The issue of violation of the right to freedom of religion or belief is interrelated with freedom of expression, freedom of assembly and association. The issues of combating various forms of discrimination are not set aside. Additionally, the right, guaranteed by Art. 9, is a fundamental right and one of the democratic society foundations and the value in the law of the European Union. Moreover, the EU identifies problematic issues in the field of protection of liberty of conscience and religion as those ones that require particular attention, and the EU makes efforts to address them not only within its borders, but as well as in the foreign policy relations and initiatives
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Each state is required to provide to refugees, staying lawfully in its territory, the right to choose their residence and to move freely within its territory, in accordance with the provisions generally applying to foreigners under the same circumstances. States are obliged to issue identity documents to any refugee, lawfully residing in their territory, who does not possess valid travel document, and documents to travel outside that territory, except where important reasons of national security or public order require otherwise.
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Sometimes the law has to attribute legal meaning to its basic premises. This normative reassessment is rationally justified. In every modern constitution the free development of the individual is a premise for the existence of the State. It is both a part of the relations that the Basic Law regulates and a standard for its implementation. The free development of the individual is a constitutional value and a factor, a social attitude. In both cases it is important for the governance of the state. The article examines the free development of the individual in Bulgarian context as a criterion forconstitutionality of the law.
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Torture and other forms of abuse occur both in societies that are undergoing a process of transition for a shorter or longer period of time, with more orless success, and in countries with a respectable democratic tradition. Althoughit is a positive procedural obligation of the CoE member states to conduct aneffective investigation into the alleged violation of Art. 3 of the Conventionestablished in 1998, they are, as it follows from the above, often neglected. Inthe period from 2003-2020 year, the Court passed as many as 943 judgmentsin which it found a violation of Art. 3 due to the lack of an effective investigation, which indicates that this is an extremely serious problem. Ignoring theprinciples discussed above makes it impossible to achieve the purpose of aneffective investigation and, consequently, leaves far-reaching consequences:the prohibition of torture and the commitment to eradicate impunity are reduced to rhetorical decoration; the absolute nature of the prohibition of torture and other ill-treatment is compromised; the deterrent effect is meaningless;public confidence in the rule of law is progressively atrophied; there is a growing suspicion of the existence of collusion and tolerance of illegal acts; the injured are deprived of adequate satisfaction, etc.Overcoming the identified problems requires undertaking numerous,well-designed and coordinated activities, of which the most important are:a) adoption and consistent application of new laws and regulations harmonized with the highest standards of the Council of Europe, which will be an adequate legal framework for effective prevention and suppression of torture and other forms of abuse; b) reform of the police and penitentiary services with effective external and internal control and oversight, and ensuring transparency to the extent that this does not jeopardize their activities; c)proper selection, continuous professional training and motivating employees to perform their duties professionally, developing awareness of the need to respect the innate and inalienable dignity of every human being and his rights and fundamental freedoms, eliminating racial, ethnic, religious and other prejudices, and emphasizing the importance of respecting professional codes ethics, as well as d) creating an atmosphere in which it will be considered appropriate to report a colleague who abuses a person deprived of liberty, because the guilt for abuse, in addition to the perpetrator of such an act, is borne by any person who knows, or should know, that a person deprived of liberty is abused. If we persevere in these efforts, we will also succeed in affirming the principle that the human being cannot be treated as a mere means, which arises from the growing and increasingly influential concept of anthropocentrism.
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In modem thought, the language of sexuality and the process of the medicalization of sex both began with the secularization of nature. In sexual science, adolescent sexuality is observed as a matter of medical information. The limits of lawful sexual activity are prescribed in penal law. In civil law, the common presumption of a child's incapacity has been altered and the capacity of the child is defined according to age or according to understanding. A minor who has sufficient understanding has reproductive rights. Only for abortion the age limit is 16 years. In the modem state, information on the consequences of sexual practice has become the central point of society's response to new rights and individual freedoms. The Convention on the Rights of the Child has introduced some rights that indicate that childhood is integrated in society in an adult manner. The increase in the number of rights in the sphere of intimate relations does not mean that autonomy reduces human relations to isolated individuals. Perhaps adolescents have the right to a difference in the domain of sexual and reproductive rights, the right to their own culture of emotions and the right to be free from adult sexual culture. Perhaps we impose on adolescents a certain concept of love that neglects youth in its rights.
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The essay aims to study some specific issues contained in "new laws" (novellae) enacted by Justinian in criminal matters, with particular reference to the offenses against morality and the family, in which the legislator pays particular attention to the degree of punishment, in relation to the personal qualities of the agents. What emerges is a picture that testifies to the emperor particular sensitivity for deviant phenomena capable of undermining the correct moral order and endangering the intimate morality of women.
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The article analyzes some family law and property law questions, arising in connection with the declared state of emergency from 13.3.2020 to 13.5.2020 on the territory of the Republic of Bulgaria due to the epidemic of COVID-19. Answers are given to the following questions: can the court consider a divorce claim or an application for divorce by mutual consent during the state of emergency; whether it is possible to attain judicial protection in cases of domestic violence in the state of emergency and under what conditions; as well as whether the acquisitive prescription is suspended during that period of time.
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The clarification of the concept of family and related concepts of parental rights and obligations is based on an analysis of the case law of the European Court of Human Rights. In this respect, current and discussion issues of parental rights and obligations according to the ECHR practice under Article 8 of the ECHR are discussed. Special attention has been paid to the judgments handed down by the Court in cases against the Republic of Bulgaria.
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A spectre is haunting Macedonia - the spectre of homosexuality. All the powers of conservative Macedonia have entered into a holy alliance to exorcise this spectre: the Macedonian Orthodox Church, the Islamic community, the ethno-nationalist’s political parties, even the former President of the Republic of Macedonia. In the following contribution, I will illustrate how these political “ghostbusters” were supported by a few public opinion-makers who offered “irrefutable arguments” against homosexuality, against human rights of non-heterosexuals, and even against the very concept of human rights.
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