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Persons who vigorously oppose the Vietnam War sometimes rely heavily, if not exclusively, upon Nuremberg as the justification for their opposition .
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Persons who vigorously oppose the Vietnam War sometimes rely heavily, if not exclusively, upon Nuremberg as the justification for their opposition .
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Given the events of the past year and period, it is nearly impossible to provide a comprehensive assessment of the human rights situation of LGBTI people. The lack of a systematic approach by the state and its bodies to addressing the situation of LGBTI people is already a recurring issue, as best exemplified by the drafted but still unadopted Action Plan for the Promotion of Human Rights and Fundamental Freedoms in Bosnia and Herzegovina. When it comes to recurring issues, the non-regulation of same-sex partnerships in both entities and the Brčko District is without a doubt one of the most serious and continues to be an example of institutional discrimination against LGBTI people. Despite the initial progress in FBiH, it is evident that this process has not made significant progress in any BiH administrative unit. The medical needs of transgender persons are still not recognised through the public health care system, and the administrative procedure for changing the sex marker in documents still suffers from vague, insufficiently regulated provisions that allow for broad interpretation and arbitrariness in the application. What gives hope for the future is the Sarajevo Open Centre’s devoted approach to advocating for these issues, together with parents and their trans children. Intersex persons remain marginalised, with no willingness on the side of health professionals or government officials to speak openly about the issue and devote themselves to correcting problematic medical treatments and alleviating excessive administrative burdens on intersex persons. These issues reoccur year after year, and it is reasonable to predict that we will have to address them in the next Pink Report. However, what has to be highlighted this year is some progress that has been accomplished, which is a contribution to resolving the recurring issues discussed above. Thus, for the first time in this Pink Report, we can be proud of the fact that a court in BiH passed a first instance judgement confirming discrimination based on sexual orientation, gender identity and sex characteristics. This precedent is a significant step toward not only increasing the LGBTI community’s trust in institutions but also strengthening standards and legal understanding of discrimination. There are still challenges regarding freedom of assembly, but the fact that local and cantonal authorities have agreed to cover the security costs of the third BiH Pride March organisation, which have so far been passed on to organisers in violation of all international standards, gives hope. Amendments to the legal framework governing freedom of assembly in Sarajevo Canton and Canton 10 also give hope for more suitable regulation in this area, but they also call for caution and engagement to ensure that the process yields positive solutions. Such examples can serve as process drivers in other administrative units throughout BiH. When it comes to LGBTI people’s trust in institutions, significant progress has been made in the work of prosecutor’s offices. As of the end of this report, 4 cantonal prosecutor’s offices in FBiH, as well as the District Public Prosecutor’s Office in Trebinje have appointed prosecutors as contact persons for crimes against LGBTI people. Also noted should be a prompt, professional and efficient investigation by the police and the Cantonal Prosecutor’s Office in Mostar in the instance of threats and risks to the safety of a gay man through social networks. Taking everything into account, the judiciary has made the most progress in the preceding reporting period. Finally, the past period was marked by negative trends that clearly indicate where we should focus our attention in the coming period. Thus, political abuse of the topic of LGBTI human rights and arguing with political dissidents, as well as the pervasive hate speech, is becoming increasingly common. These concerns will be especially crucial in the election year of 2022. Listening to community experiences, but also through our work in the field of mental health, the problem of so-called conversion therapies and providing services of sexual orientation or gender identity modification proved to be a great challenge and issue that will be approached with special attention.
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The topic of refugee minors in Romania involves a nuanced analysis from both a legal and social perspective. Legally, these minors' rights are protected in accordance with national legislation and international standards. However, challenges exist in the effective implementation of these rights, and the social integration process can be difficult due to linguistic, cultural barriers, and stigmatization. A scientific approach entails a detailed examination of legislation, jurisprudence, and institutional practices to identify solutions and improvements in protecting and facilitating the integration of these young individuals into Romanian society.
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"The only way to predict the future is to build it" (Peter Druker, 2009). The human right to a healthy environment, given its importance, has proven to be the fastest evolving of its generation, in terms of its guarantee and effectiveness on the path of justice. The emergence of global ecological problems (greenhouse effect, climate change, depletion of the ozone layer, etc.) contributed to the consolidation of its status as a fundamental right and the right to survival of mankind (Duţu, 2008, p. 338). The recognition and guarantee by law of the right to a healthy environment amplifies the obligations of public authorities to protect the environment, offers the courts new means for repairing ecological damage and sanctioning the damage caused to the environment and allows a better harmonization between different levels of recognition and guarantee of the fundamental right to a healthy environment.
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The author claims in the article, together with the creation of social programs, it is worth applying other measures to encourage the population, such as, for example, holding forums for parents-educators, information cover-age of their activities, public appeals to place children in their families. It is necessary to include in the provisions of the Family Code of Ukraine the definition of the concept of “temporary placement of children”, which means the transfer of children without parental care, orphans, children deprived of parental care to persons who have confirmed the possibility of caring for such children for a period of time until the children can to be handed over to their parents or relatives or until the difficult life circumstances that became the basis for such an arrangement are resolved. In the difficult conditions of countries where war continues, it is important to observe the norms of international humanitarian law. Violation of the rights of every child cannot be left unpunished. Together with the identification of the guilty, the mechanism of implementation of prosecution must be effective and efficient. In order to protect the rights of children temporarily placed abroad and evacuated to foreign countries, it is necessary to ensure constant interaction with public organizations and volunteers, who usually provide reliable support to the civilian population. On the part of the state, a number of important measures aimed at providing children with financial resources should be taken. UN peacekeeping missions should engage in constant interaction with the aim of ensuring humanitarian access to the population and avoiding catastrophe.
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The aim of this analysis is exploring the relationship of the Soviet Union first and of the Russian Federation then with European and international human rights norms. It aims to explain the reasons for the delay in the reception and application of this jurisprudence in the Russian system of laws, the reasons why analyzing Russia’s relationship with them means considering the concept of sovereignty and the role of the state and the church in promoting and defending it. The analysis is conducted from a political and historical perspective and traces Russia’s relation with major international human rights conventions from the Soviet Union to the beginning of Vladimir Putin’s third term (2012). Central turns out to be the concepts of multiple modernities and of multiple moralities according to which the values system of a country develops in close relation to its history and culture. Talking about the recognition of human rights in Russia indeed means also considering the significance of the defense of so-called traditional values, their connection with the real heritage of the Soviet past, and that with tradition understood as predanje as well as it interests the heritage of the Christian tradition. In fact it is in this defense of the country’s history that the state and the church built their new relationship after the end of the Soviet Union. Proceeding from the idea of parallel trajectories in the process of modernization, which implies that not to all modernities can be applied the same model, it seems important to wonder what is the result of the encounter between the normative principles of these other cultural programs and the potentially universal normative principles of the Western model.
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Good governance, as a path of qualitative development of contemporary democracy, proposes certain natural priorities as protecting and guaranteeing human rights, ensuring an adequate level of professionalism of the subjects involved in the process, ensuring transparency, including in the process of the administration of the society, supporting social inclusion. In order not to be in a situation of pseudogovernance, limited to abstract statements, this path must be conceptualised and the concept must be applied consistently, within the limits of legality and with priority respect for human rights, which are considered to be a value constant for conceptual contextual delimitations. The article is developed within the Project “Modernization of governing mechanisms focused on the protection of human rights”, cipher 20.80009.1606.15 in the Scientific Research Laboratory “Compared Public Law and e-Government”, Law Faculty, Moldova State University
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It is well-known that the People’s Republic of China’s attitude towards the military interventions by other states and organization on the territory of third states has been traditionally guided by the rules of the UN Charter and that it only accepted military interventions with self-defensive purposes, collective security actions with a clear mandate given by the UNSC, while rejecting ab initio unilateral armed interventions without a proper UNSC mandate. PRC is strongly opposed especially to military actions that results into interference in the domestic affairs of other sovereign states. Also, Beijing has made a tradition of not recognizing territorial annexations resulting from the use of military force, nor the emergence of new states as a result of illegal military interventions by other states or organizations. Thus, it did not recognize the temporary annexation of Kuwait to Iraq (1990), later it did not recognize Kosovo, nor Abkhazia and South Ossetia as independent states. But in the recent years, as Sino-American rivalry become stronger and the western states (the NATO and EU members) began to gradually limit China’s trading and technological freedom on their territories, Beijing turned to Russian Federation and they created a strategic partnership against Western values and strategic aims. Therefore, PRC became much more tolerant with Moscow’s aggressive behavior and refrained from condemning Russian attack on Ukraine. The Chinese propaganda but also the scientific experts prefer to blame USA (and NATO as such) for having isolated and frustrated Russia, while avoiding to name Russia as a genuine aggressor in international law. Thus, China seems to gradually moving away from its strict adherence to the UN Charter’s norm restricting the use of force in international relations.
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Citizens' trust in the online environment is essential for economic and social growth. Lack of trust, caused in particular by the public perception that the legal security of electronic documents is not ensured online, can make consumers, businesses and public authorities reluctant to transact electronically and to adopt new electronic services. To this end, has been adopted the Regulation (EU) No 910/2014 of the European Parliament and of the Council, also known as the eIDAS Regulation, h, which deals on the one hand with the electronic identification of natural and legal persons and on the other hand with the provision and use of trust services for electronic transactions in the internal market, namely electronic signature, electronic seal, electronic timestamp, registered electronic delivery service and website authentication. Electronic identification and trust services have countless uses for citizens (student mobility, opening a bank account, filing a tax return, etc.), businesses (financial services, online sales, professional services, transport, etc.) and public authorities. The European Commission has proposed that by 2030 at least 80% of European citizens should be able to use an electronic identification solution to access essential public services, for example through a European digital identity wallet, and that the list of trusted services should also include other categories of services such as electronic registers and electronic archiving.Thus, a proposal has been drafted to amend the eIDAS Regulation, which establishes a uniform framework for European digital identity, with EU Member States obliged to notify at least one electronic identification scheme to the European Commission within 12 months of the entry into force of the proposed amendments.
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Any attempt in the sphere of humanities to characterize and explain man in his individuality, but also in the social existential context, relates to the issue of freedom. Freedom is essentially related to the human being, but also to the existential phenomenality of man. Man is the only created being whose fundamental ontological dimensions are freedom and spirit. In this study we briefly look onto the concept of freedom not only as a moral value or category, but also as an ontological dimension of man. In this way we make the distinction between ontological freedom and the legal freedoms established or recognized by the legal norms. The legal liberties are a phenomenal expression of human existence whose legitimacy and motivation is conferred by the ontological dimension of human freedom. In this context, the main features of the legal freedoms and the practical importance of the ontological meaning are to be found in the freedoms consecrated in the law. Conscience is a defining existential reality of man, whose meaning can be seen only through an interdisciplinary unceasing effort of thinking and knowledge. In this study, we propose to make such an analysis of the conscience as an ontological oundation and characteristic of man, in its individual and social dimension, whose basis is made up of philosophical, theological and legal ideas, concepts and theories. Freedom of conscience is the main feature of the manifestations of man as a person within the specific environment of his/her existence. From the legal point of view, freedom of conscience is a complex fundamental right requesting a wide legislative system in order to establish and guarantee it. In our opinion, both the basis and the legitimacy of the legal system protecting the freedom of conscience are given by the philosophical truths and the truths of faith, as expressed in theological writings and meditations. In this study, we identify the theological and philosophical bases of the freedom of conscience and their reflection in the legal field. In exceptional situations, such as the state of emergency or the state of alert established for a long time on the Romanian territory, the rulers have restricted the exercise of some essential fundamental rights, restrictions that seriously affect the private and social life of the people.
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The scientific aim of the article is to answer the following research question: did the People’s Republic of China commit the genocide in the Uighurs in the light of the Convention on the Prevention and Punishment of the Crime of Genocide of December 9, 1948? The authors in their work: (1) characterize the Uyghur people, (2) describe the concept of genocide and the act of committing this act, (3) analyze examples qualifying for the recognition of Chinese actions as genocide (4) try to show the reaction of the main international actors to the situation in Xinjiang. The thesis of the article claims that the PRC committed genocide against the Uighur people by: (1) killing members of this group; (2) causing serious bodily and psychological harm to members of the group; (3) performing deliberate actions aimed at physical destruction of all or part of this community; (4) imposing measures to prevent birth in a group; (5) forcible separation of children from parents. The resulting article is a presentation of Chinese activities that fulfill the features of the crime of genocide and provide an in-depth legal analysis of the Genocide Convention. The article conducts a political analysis based on available source material.
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2022 was a year that marked several key steps forward in BiH with respect the human rights of LGBTI persons. One of the steps was the adoption of Action Plan to Improve the State of Human Rights of LGBTI People in BiH. It is the first time that a public policy adopted at the state level aims to systematically and comprehensively respond to the various challenges faced by LGBTI people and to give clear instructions to and impose obligations on competent institutions at all levels of government. The period ahead of us will be a period of insisting on its implementation and reporting on the extent to which we, as a state, truly meet and fulfil what we committed to. The joint efforts of activists, Sarajevo Open Centre and a group of parents and their LGBTI children, placed the problems and challenges related to healthcare and administrative gender change under the radar of the cantonal and entity authorities; we hope that 2023 will ride that wave to lay the foundation for new regulations and practices that will fully respect the human rights of trans people. Unfortunately, the needs and position of intersex people still remain unrecognised by most health institutions. The extremely slow process of regulating same-sex partnership in FBiH received a small boost at the end of 2022, with the official conclusion of the expert meeting in the form of a public debate organised by the FBiH Ministry of the Interior; the meeting brought together representatives of the departments of social protection, the interior and justice from the entire Federation of BiH. The conclusion reads that it is necessary for the Federation of BiH to pass a law on same-sex partnership that will include the widest possible range of partner rights. Now that the new FBiH Government was formed in 2023, they inherit the obligation to continue the process by establishing a working group to draft the law. In the past period, several couples demonstrated readiness to seek protection through the courts and they have initiated or are planning to initiate court proceedings. All cantonal prosecutor’s offices in the Federation have appointed a contact person for hate crimes. This is the result of long-term work of Sarajevo Open Centre through advocacy, trainings and meetings. However, the attacks on LGBTI community and activists from March 2023 overshadowed to some extent all the above advances and once again showed the prevalence of homophobia in the public, political and institutional spheres. Despite significant steps forward in 2022, problems such as lack of security, domestic violence, peer violence, unsanctioned hate speech in public, and complete marginalisation in smaller areas of BiH remain. All the challenges, presented in detail in this report, also tell us in which directions we need to act. We hope that institutions and society will be ready to follow the pace necessary for social changes, the pace kept so far solely by human rights organisations and civil society activists.
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Protekla, 2022. godina, godina je u kojoj se desilo nekoliko ključnih iskoraka u BiH kada su u pitanju ljudska prava LGBTI osoba. Jedan od njih je i konačno usvojeni Akcioni plan za unapređenje ljudskih prava LGBTI osoba u BiH. Ovo je prvi put da je na nivou države usvojena jedna javna politika koja ima za cilj da na sistemski i sveobuhvatan način odgovori na različite izazove s kojima se LGBTI osobe susreću i ponudi jasna uputstva i obaveze nadležnim institucijama na svim nivoima vlasti. Period koji je ispred nas biće upravo period insistiranja na sprovedbi i izvještavanju o tome koliko se onoga na šta smo se kao država obavezali, zaista i ispunjava i ostvaruje u praksi. Zajedničkim naporima aktivista, Sarajevskog otvorenog centra, te grupe roditelja i njihove LGBTI djece, problemi i izazovi na polju zdravstvene zaštite i administrativne promjene spola došli su na radar kantonalnih, ali i entitetskih vlasti, te se nadamo da će na tom valu, upravo 2023. godina biti godina kada će se udariti temelj novim propisima i praksama koje će u potpunosti uvažavati ljudska prava trans osoba. Nažalost, potrebe i položaj interspolnih osoba i dalje ostaje neprepoznat od većine zdravstvenih institucija. Izuzetno spor proces regulacije istospolnih partnerstava u FBiH je dobio mali impuls krajem 2022. godine sa zvaničnim zaključkom sa stručnog skupa, u vidu javne rasprave, koji je organizovalo Federalno ministarstvo unutrašnjih poslova, te koji je okupio predstavnike resora socijalne zaštite, unutrašnjih poslova i pravde iz čitave Federacije BiH. Taj zaključak glasi da je neophodno da Federacija BiH donese zakon o istospolnim partnerstvima koji će uključivati što širi mogući obim prava za partnere. Sa formiranjem nove Vlade FBiH u 2023. godini, u nasljedstvo im ostaje obaveza da proces nastave i to sa formiranjem radne grupe koja će napisati Nacrt zakona. Ovu oblast je u proteklom periodu obilježio i veći broj parova koji su spremni da zaštitu traže i putem suda i koji su pokrenuli ili u narednom periodu planiraju da pokrenu sudske postupke1. Sva kantonalna tužilaštva u Federaciji su imenovala kontakt osobu za krivična djela počinjena iz mržnje. Ovo je plod dugogodišnjeg rada Sarajevskog otvorenog centra kroz zagovaranje, održane obuke i zagovaračke sastanke. Ipak, napadi na LGBTI zajednicu i aktiviste zabilježeni u martu 2023. godine su u jednoj mjeri zasjenili sve navedene iskorake i još jednom pokazali obim problema homofobije prisutne u javnoj, političkoj, ali i institucionalnoj sferi. Uz bitne iskorake koji su se desili u 2022. godini, ostaju problemi kao što su: sigurnosna pitanja, nasilje u porodici, vršnjačko nasilje, nesankcionisani govor mržnje u javnosti, te potpuna marginalizacija u manjim sredinama BiH. Svi izazovi, koji su detaljno prikazani u ovom Izvještaju, govore nam i u kojim pravcima je potrebno djelovati. Nadamo se da će institucije i društvo u narednom periodu biti spremni da prate tempo neophodan za društvene promjene koji za sada, iz godine u godinu, u najvećoj mjeri drže jedino organizacije i pojedinci civilnog društva koji se bave aktivizmom i ljudskim pravima.
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This policy document offers proposals for amendments to labor laws in Bosnia and Herzegovina - the Labor Law in B&H Institutions, FB&H Labor Law, RS Labor Law and District Brčko of B&H Labor Law. The policy paper follows the logic of presenting the currently valid provisions of the labor laws, then lists proposed amendments to each of the relevant provisions/chapters for the area of maternity, paternity, or parental leave, and elaborates the proposed legal solutions. The basic concept of this policy document is to identify problems in the domain of recognition, enjoyment and realization of the parents’ right to maternity leave (as defined by positive labor law legislation in Bosnia and Herzegovina), fathers in particular, based on the research previously conducted by Sarajevo Open Centre on legislative, administrative, economic and broader social barriers for fathers to fully exercise this right. The research provided data on the basis of: - analysis of answers to questionnaires on a sample of 500 fathers who had a child in the period from 2016 to 2021, and interviews with five fathers who used maternity leave (first-hand information about their experiences in exercising this right), - analysis of the existing legislation in the field of labor and social/child protection, as well as - administrative practices of competent institutions for deciding on the exercise of this right, from which the problems that need to be solved in the ways defined by this policy document are extracted – proposals for amendments to B&H labor laws. The existing laws do not provide the same type of protection to fathers taking maternity leave as to mothers, and it is necessary to amend labor laws and other regulations that govern this area so that fathers also receive compensation instead of salary when using maternity leave, have the right to leave in case of stillbirth, and have a guaranteed period of use of parental/paternal leave that could not be waived or transferred to the mother, in accordance with the European Union Directive on Work-Life Balance for Parents and Carers. The key amendments proposed can be summarized into the following: ¬ Defining maternity, paternity and parental leave: maternity leave - woman’s right to leave for a certain number of days after giving birth; paternity leave - father’s right to a mandatory leave in the duration of 10 days; parental leave - the right of both parents for the duration of one year - Flexibilization of parental leave as an independent right of both parents in terms of alternate or simultaneous use - Harmonization of terminology in the chapters related to protection against dismissal due to pregnancy and parenthood, in order to provide same for both parents - Allowing fathers to use paternity or parental leave, regardless of whether the child’s mother is employed ¬ Guaranteeing equal treatment – prohibition of discrimination on the basis of marital or extramarital status, family planning, exercise of the right to maternity/paternity/parental leave ¬ Prohibition of overtime and night work for fathers of children who use paternity or parental leave ¬ Allowing fathers to use paternity or parental leave in case of stillbirth (as regulated for mothers) - Enabling mothers and fathers to keep their jobs and working conditions, i.e. the status they previously had, during and after the maternity/paternity/parental leave - Envisage of appropriate criminal/misdemeanor directives in case of non-compliance with the law provisions related to the protection of parenthood.
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Ovaj policy dokument nudi prijedloge amandmana na zakone o radu u Bosni i Hercegovini – Zakon o radu u institucijama BiH, Zakon o radu Federacije BiH, Zakon o radu Republike Srpske i Zakon o radu Brčko distrikta BiH. Policy paper izlaže trenutno važeće odredbe zakona o radu, zatim navodi prijedloge amandmana na svaku od relevantnih odredbi/poglavlja za oblast porodiljskog, očinskog odnosno roditeljskog odsustva te obrazlaže predložena pravna rješenja. Osnovni koncept ovog policy dokumenta je identificiranje problema u domeni priznanja, uživanja i ostvarivanja prava na porodiljsko odsustvo (kako je definirano pozitivnim radno-pravnim zakonodavstvom u BiH) roditelja, posebno očeva na osnovu istraživanja koje je prethodno sproveo Sarajevski otvoreni centar o legislativnim, administrativnim, ekonomskim i širim društvenim preprekama za očeve da koriste u potpunosti ovo pravo. Istraživanje je donijelo podatke na osnovu: - analize odgovora na upitnike na uzorku od 500 očeva koji su dobili dijete u periodu od 2016. do 2021. godine te intervjua s pet očeva koji su koristili porodiljsko odsustvo (informacije iz prve ruke o njihovim iskustvima u ostvarivanju ovog prava), analize postojećeg zakonodavstva u oblasti rada i socijalne/dječje zaštite, kao i administrativne prakse nadležnih institucija za odlučivanje o ostvarivanju ovog prava, iz čega su izvučeni problemi koje je potrebno riješiti na načine kako definira ovaj policy dokument – prijedlozi amandmana na bh. zakone o radu. Postojeći zakoni ne pružaju istu vrstu zaštite očevima koji koriste porodiljsko odsustvo kao majkama, te je neophodno izmijeniti zakone o radu i druge propise koji regulišu ovu oblast kako bi i očevi dobijali naknadu za korištenje porodiljskog odsustva, imali pravo na odsustvo u slučaju rođenja mrtvog djeteta, te imali zagarantiran period korištenja roditeljskog/očinskog odsustva kojeg se ne mogu odreći ili prebaciti na majku, u skladu s Direktivom Evropske unije o ravnoteži između poslovnog i privatnog života roditelja i njegovatelja. Ključne izmjene i dopune koje se predlažu mogu se sažeti u sljedeće: - Definiranje porodiljskog, očinskog i roditeljskog odsustva: porodiljsko – pravo žene na odsustvo određeni broj dana nakon porođaja; očinsko – pravo oca u obveznom trajanju od 10 dana; roditeljsko odsustvo – pravo oba roditelja u trajanju od godinu dana. - Fleksibilizacija roditeljskog odsustva kao samostalnog prava oba roditelja u smislu naizmjeničnog ili istovremenog korištenja. - Terminološko usklađivanje u poglavljima zaštite od otkaza zbog trudnoće i roditeljstva, kako bi zaštita bila obezbijeđena za oba roditelja. - Omogućavanje očevima korištenja očinskog odnosno roditeljskog odsustva bez obzira da li je majka djeteta u radnom odnosu ili nije. - Garantiranje jednakog tretmana – zabrana diskriminacije na osnovima bračnog, vanbračnog statusa, planiranja porodice, korištenja prava na porodiljsko/očinsko/roditeljsko odsustvo. - Zabrana prekovremenog i noćnog rada i za očeve koji koriste očinsko odnosno roditeljsko odsustvo. - Omogućavanje očevima korištenja očinskog odnosno roditeljskog odsustva u slučaju rođenja mrtvog djeteta (kao što je regulirano za majke). - Omogućavanje majkama i očevima da za vrijeme trajanja porodiljskog/očinskog/roditeljskog odsustva i po njihovom isteku zadrže radna mjesta i uvjete rada, tj. status koji su prethodno imali. - Predviđanje odgovarajućih kaznenih/prekršajnih odredbi u slučaju nepoštivanja odredbi zakona vezanih za zaštitu roditeljstva.
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The article analyzes the theory of Democratic Confederalism that had been established in Northern Syria in the beginning of 2014. Three cantons had been declared in Northern Syria, a region also called as Rojava by Kurds and the system for governance of the cantons was Democratic Confederalism. Democratic Confederalism is a governance system which had been theorized by Abdullah Ocalan. Democratic Confederalism is a governance system that rejects the nation-state and its ideology and proposes a new system that does not rely on any kind of state. The article started with the evolvement of A. Ocalan`s ideology from socialism, in the early 1970s, to Democratic Confederalism in the beginning of 2000s. The article also explained Democratic Confederalism and introduced the main principles of the system. After explaining the system of Democratic Confederalism, the article focuses on governance of Cantons that had been declared in Northern Syria. The last part of the paper finds out whether Democratic Confederalism is functional or not based on experience in Northern Syria.
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A prerequisite for the proper application of the law is a certain definition of the terms used in the law. A variable definition of a concept undermines the requirement of legal certainty, and an overly narrow or broad definition of a concept (compared with the general idea of its content) may lead to doubts about the fairness of legal regulation. Although the legal system uses the term “religion” relatively frequently, it does not generally define it explicitly. In most cases, this does not cause problems because there is no reasonable doubt as to whether we are dealing with a religious element. In hard cases, however, there is no choice but to decide where to draw the line between religion and other types of beliefs. The alternative is to stop distinguishing between them, thus depriving the religious element of its special legal status. The social sciences distinguish four basic approaches to the definition of a religious phenomenon. The substantive definition seeks to capture the content that a particular belief must satisfy in order to be labelled religious. The essentialist approach emphasises the experience of the believer. The functionalist definition notes the function that religion serves in the life of the believer. The analogical approach does not seek to capture the essence of religion but rather notes its manifestations and what different religions have in common. This article offers examples of the application of these theoretical approaches in jurisprudential practice. It also highlights the fact that courts work flexibly with the concept of religion and often give it a different content depending on the context under consideration.
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The Protection from Domestic Violence Act stipulates an obligation for police authorities to monitor the implementation of protective orders, by means of which the court has imposed certain measures for protection from domestic violence. The failure to comply with such an order carries the features of a crime, as provided for in the Bulgarian Criminal Code. When a police authority finds that there is a violation of a protective order, the enforcement of which it must monitor, it is obliged to detain the offender and immediately notify the prosecution authorities. Detention by police authorities is administrative in nature, as the relevant provisions of the Ministry of the Interior apply.
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The Balkan Corridor is undergoing changes that reflect the direct impact of macropolitical structures and policies. The main purpose of the conducted analysis of social network public posts is to examine the dominant narratives at the local and EU-levels, as well as the narratives that challenge official exclusionary measures in migration policies. This analysis focuses on how these narratives recognize and present place-based inclusion and exclusion practices through „talking to friends“. Particular attention is given to narratives about safety, security, cleanliness, community. The study, therefore, explored the intersection between spatial and discursive practices. Two simultaneous processes can be observed: openings for new frameworks and new forms of inclusive solidarity; and on the other hand, processes of redefining borders and dividing lines, often accompanied by militarization supported by international funds, help and support programs. These two narratives remain parallel and separate.
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