Around the bloc: More Physical, Legal Barriers for Migrants
Migrants clashed with police on Macedonia’s southern border over the weekend.
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Migrants clashed with police on Macedonia’s southern border over the weekend.
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Council of Europe’s top rights official urges Budapest to scrap laws that criminalize migration.
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This article is an attempt at a sociological reconstruction of the identity of the dangerous recidivist or pathologic criminal – a juridico-medical subject who possesses a hybrid constitution of criminality and psychopathy – as it was constructed in the Bulgarian penal practice. The analytical problem, which guides me here, is: how the power’s system of cognitive relations between the juridical concept of “recidivism” and the medical notion of “pathology” work out through the bipolar medium of the criminological term of “danger”. There are three discourse conditions of possibility for building a similar subjective constitution: on the one hand, diffusive scattered particularities of the character-behavior of the law violator were condensed, subordinated, generalized through the psychological concept of “personality”. On the other hand, the real capacity of the notion of “pathology” was optimally broadened; as such, it now covers not only the referent field of the illness, but also the “irregularly” constructed personality, which demonstrates itself publicly through typical antisocial features. The third discourse operation accomplishes on the juridical concept of “recidivism”; within the institutionally stigmatized identity of the recidivist, there is deposited completely biography and crime, dangerousness and anomaly, therefore criminality and psychopathy. Here, the biomedical concept of “instinct” is a fundamental bearer of the problem of anomaly or once more the engine by means of abnormal criminality fi nd out the principle of its own coordination. In front of us is the dangerous recidivist or the pathologic criminal; within his/her social figure obviously appear in what manner law and medicine, application the criminal justice and explanation the psychiatric truth is impossible to function separately.
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The article presents the concepts of protection of monuments and works of art in past centuries to modern times. Through the analysis of normative acts and literature article it shows not only the definition of monuments and works of art, but also the criteria for providing for their value. And thus demonstrating their role and importance in the creation of the cultural heritage of the nation. Also raises issues of duties and responsibilities of the various actors in creating the protection of monuments flowing both the general national political agendas and international legislation.
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The author touches upon the subject matter of the rights of a child within the vista of the social conditions in the micro and mezosocial perspective. In the initial part of his considerations he indicates toward the challenges that the ageing society has to face, as well as evokes the phenomenon of love — as not only an ontic value but also biological and demographic. A natural destiny and biology of the body is ageing, we should accept such a natural consequence, which for ages has been difficult and led toward negation and acknowledgement that nature can be cheated, or improved. As a result new offers appear, be it within the scope of medicine (medications that help preserve the potency regardless of the age) and also beauty and plastic surgery, which subjects to correction the natural flabbiness of the skin, its senile spottiness and naturalness. What follows the possibilities and technologies is genetic engineering and modification connected with conception, creating new life, as well as its deprivation (euthanasia). The new possibilities kindle human passion, dream of perpetual youth, deny and disclaim the law of nature. They strengthen these “dreams,” elements of cultural narration, which talk people into recognizing new axiology, accepting every “modality” of the current ethical, moral, legal and customary axioms. What also appears within the scope of the “dreams of eternity” is the necessity of commercializing emotions, interpersonal bonds, using human embryos, organs, exploitation of children and their abuse. In spite of the proclamation of rights and respect toward Human Person, regardless of age, the letter of law and declarations are not a sufficient guarantee to protect and care for children and childhood effectively. In the evoked, numerous examples of destroying the nature of childhood and treating children atrociously, the Author reveals claptrap and ineffectiveness of signatories of manifold documents and declarations on the one hand and touches upon the issue of our individual, personal responsibility for the fate of the youngest ones on the other. He emphasizes, both by generously making use of referred ideas conceived by Saint John Paul II, as well as by referring to Janusz Korczak, or Ellen Key, that the fate of the child is in our, adults’ hands. Therefore, if “our adulthood grows wild,” it is difficult to hope that we will behave properly and accordingly toward those who are weaker, smaller and dependant. In the face of the above, our adulthood, in its humanistic dimension, must continuously become better, more mature and also more beautiful, in order to meet the challenges which we face and which are connected with protecting and caring for the youngest ones.
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The interest of the offspring (their conception and education), as one of the purposes of the marriage, requires taking special care of infants, thus, minors in the Church, who are below 7 years of age. The expression of this care can be, among others, ecclesiastical legislation, in the area of which, despite organic family law, the legal status of the infant has been stipulated distinctly. As far as the live-born infant is concerned, rights following from their individual natural personality, among others, right to life, parental care, human education or reception of baptism have been stipulated. As regards the baptized infant, who becomes persona in Ecclesia by reception of their first sacrament (can. 96 of CIC), provisions of the code sanction their numerous fundamental rights, among others, right to moral and religious education, to grow up in faith or right to other sacraments. The traditional, ruling for centuries, model regarding legal position of minors, which dominated in legal experience of the Church, has been amended by the Second Vatican Council, the post-council codification of the canonic law has overcome former situation only partially. However, it shall be added, that the ecclesiological renewal influenced slowly and gradually the canonic legislation and the doctrine, and this process has not been finished yet, and a new, post-council codification has overcome the former situation only partially. However, the focus of the doctrine on the central position of human person in the canonic law has progressively become even more visible.
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The article undertakes the issues of legal protection of the conceived child in Polish law. The analysis of Polish legislation and the Polish doctrine concerning the civil law situation of nasciturus leads to the conclusion that Polish law currently in force is contrary to the Convention on the Rights of the Child of November 20, 1989 which demands legal protection of a child both before and after birth. On the one hand, Polish law partially protects certain rights of the conceived child, and on the other — deprives it of the most fundamental rights, the right to life. Without the right to life, exercising any other rights by nasciturus is a fiction.
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For several months in 2013-2014, thousands of Ukrainians and Bulgarians participated in anti-government protests. However, the outcomes could not be more different. The Bulgarian government politically survived #DANSwithme, while Euromaidan precipitated President Yanukovych’s fl ight from Ukraine in late February 2014. Why did #DANSwithme gradually dissipate, while Euromaidan escalated into the worst episode of political violence since Ukraine’s independence? We know that medium levels of repression applied inconsistently during protests can lead to radicalization and violence. But we do not know whether the judiciary’s behaviour before and during the protests could affect the likelihood of an escalation towards violence. This article proposes a complementary explanation of protest radicalization, which posits that recent, unambiguous, and effective use of a pliable judiciary by political incumbents to punish and undermine the opposition raises the odds that both sides will engage in violence. Politicized selective justice raises the stakes ofvictory both for the government and for the protesters, and reduces the possibility of a compromise. In Bulgaria, where the judiciary, albeit politicized, has not been effectively used to undermine political opponents, protesters perceived the government’s attempts to engage in legal persecution as a hassle and the chances of imprisonment as remote. Neither should the Oresharski government have expected to be prosecuted in the event of losing offi ce. In Ukraine, by contrast, the judiciary had a clear recent track record of politicized selective justice both against protest participants and high-level politicians. Former PM Yuliya Tymoshenko and another Orange Revolution main actor and former minister of interior, Yuriy Lutsenko, served lengthy prison sentences. Consequently, both the leaders of the opposition and Yanukovych and his coterie probably expected that imprisonment would be inevitable if they did not come out as winners of the Euromaidan standoff.
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Hungarians are expected to reject a EU plan for quotas to settle asylum seekers in an upcoming referendum.
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Patients' rights are the leading element of the debate concerning to the protection of human health. They refer to the special relationship that exists between a sick person and a medical expert. The patient, during his visits to the doctor / nurse, talks often about specific, intimate problems. This situation causes that patient is on a much weaker position than the doctor.The emergence of the idea of patients' rights was intended to improve the situation in which people are treated. It's mostly about people whose goods were often violated during of therapy. For some time -also in Poland- we observe the emergence of offices, which aims to protect patients' rights and control of the reported infringements. As it turns out, full independence in undertaking similar actions, have mostly NGOs. In that group for special attention deserve centers known as, think tanks. These centers take the constant analysis of the situation regarding: security, educational problems and health problems. In the proposed article, will be shown the action of two similar centers, that have a particular impact on the level of debate on the protection of the rights of people using the health care system services.
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Domestic violence receives alarming proportions around the world and is one of the most dominant issues jeopardizing human rights. Victims of violence are most vulnerable categories of society: children, women and the elderly which constitute an obstacle to the normal development of the community. Although a portion of the authors there is the view that the problem of domestic violence should be resolved within the family without reaction of society, our work is conceived precisely to the social reaction to this phenomenon. We tried to answer which are the reactions that the community can take to prevent this phenomenon to the extent possible. Thus, we first examined the general issues that are characteristic for occurrence of domestic violence. We performed an analysis of existing regulations in the Republic of Sprska governing this area. In this regard, we have conducted research of practical application of such legislation in the area of Banja Luka. We wanted to find out the extent to which violence is present in this area and which are the most common forms of violence. As a source we used the annual report the Public Security Center Banja Luka, in the period between 2009 and 2013, during which we had some questions related to the characteristics of the perpetrators and victims of violence as well as the causes of violence got answered. These responses have helped us in reaching conclusions that could be useful for better understanding and responding to the problem of domestic violence.
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The article analyzes the views of the Russian historian S.F. Fortunatov on the American history of the 18th–19th centuries. Special attention is paid to his lectures on the history of the United States. The scientist’s contribution to the study of constitutional acts dated to the time of the War of Independence is emphasized. It is concluded that Fortunatov can be rightfully considered as one of the founders of American studies in Russia.
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The sadistic rapist is the most dangerous of all rapists, a sexual predator who's crime's are based on fantasy. These types of rapists get off sexually by inflicting pain on others. The more his victim cries or begs or pleads for their lives and the more pain they go through, the more aroused he gets. His attacks are the stages for his sexual fantasies. In his attacks, anger, power, control, domination, and exploitation all merge into a hideous being. His victim is nothing to him but a puppet in his own sadistic play. During the assualt there is much physical and mental torture. Usually the torture is directed at sexually significant parts of the body. His weapon will most likely be a knife because of the fear and anguish it can cause. This is the type of rape that often ends in murder. Because the whole assualt is based on a pre-visualized fantasy, that fantasy probably ends in the death of the victim. But even after death the rapist may still continue sexual activity with his victim. There is most likely no chance to escape unharmed from a sadistic rapist since his life is based on the suffering of others, particulary his victims. The sadistic rapist is usually a well educated, intelligent, white male, aged 25-37. He will have a dominant personality and collect pornography, most likely bondage and sadomosochistic. Of all the rapists, he is the rarest, but most dangerous and most difficult to aprehend.
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The paper considers the problems of formation of the modern migration paradigm. Various approaches to understanding of the migration law and order are analyzed. Attention is paid to the organizational and legal foundations of ensuring the migration security in the context of modern social, economic, and demographic situation in Russia.
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Changes in the system of criminal penalties and compliance with the principle of humanism substantiate the need to study the current Russian criminal law. One of the traditional and, at the same time, urgent problems in the system of application of the Criminal Code is the use of different types of punishments. The purpose of this paper is to analyze penalties under the criminal legislation of Russia and a tendency to humanization of criminal laws and the provisions of Arts. 44 and 45 of the Criminal Code of the Russian Federation, as well as to determine the importance of addressing the problematic relationship between the norms of the Russian legislation. The purpose of the research is achieved on the basis of the analysis of the norms of the current Russian criminal law. Special attention is paid to the Criminal Code, summary statistics on the status of a criminal record in Russia. The methodological potential includes comparative law and complex analysis making it possible to compare the content and value bases of various types of punishment. The author examines the types of punishment and suggests making certain changes to the current Russian legislation aimed at its further perfection through improvement of the criminal law. The study of the existing penal laws allows us to understand on what the arguments are based, the substance and content of the system of criminal penalties, as well as to explore the legal problems of application of different types of punishment with account of the criminal law and perfection practice in order to eliminate the existing contradictions. The current criminal punishment system requires adjustments, including timely and legal regulation of certain types of punishment. As a result of the research and the proposals made for improving the system of criminal punishment, the point of view on the possibility of a more effective achievement of the objectives of punishment and on the implementation of the principles of justice and humanism is justified.
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The purpose of the paper is to study the existing international legal backgrounds of readmission, as well as to analyze bilateral and multilateral treaties in the sphere of migration for compliance with the essential human rights and freedoms. Special attention is paid to implementation of the readmission mechanism towards foreign citizens and stateless persons, who have valid fears of returning to their state of origin. Under these conditions, they fall under the principle of non-refoulement as potential refugees or asylum seekers. Special procedures are established to recognize their status. It is revealed that model treaties on readmission do not specify anything about guaranties for illegally staying foreign citizens and stateless persons, who are sent back by the host state to their states of origin. These treaties also do not comply with the essential human rights and freedoms associated with migration, such as the right to personal security, family reunion/unity, administrative disputes, social and medical services, recourse, applications for assistance of international organizations. Readmission procedures imply simplified solution to the problem of stopping illegal staying of migrants, but they do not accomplish the main purpose of controlling illegal interstate migration. The conclusion is made that the international legal instruments for preventing illegal migration should be combined with the full respect for the universal standards of human rights, which must be reflected in readmission treaties.
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Main legal regulations concerning sosial services of the population of Russian Federation is being reflected in the law “Basis of sosial services of the population of R.F”. This law is reflecting the sosial services in the form of “provision of rehabilitation of citizens who are in fair state by bringing their living conditions to levels compatible with sosial community by sosial – housing, sosial – medical, psychological – educational, sosial – legal services with the help of individual support experts”.
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Has a long history of human rights as, human rights, rights that are recognized to the peoples of managers. In this direction at the time Cyrus clay tablets example, while the Ottoman Empire at the time of Fatih Sultan Mehmet specific group, ethnic or sectarian identities without considering the overall occur because of the modern human rights work is exemplary. The modern age has taken over the defense of human rights, the European Council of cultures, fusion of society and has tried to influence the development. Council of Europe in this context othering also bulunarak the European Convention on Human Rights of the basic ingredients of their religion, language and sect context of understanding the activities in passing and other European citizens, especially Muslims and the Turkish Nation othering is working
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1. The goal of this article is to present the situation of disabled persons at the university in the 21st century on the basis of selected examples. 2. Methodology. The author used the historiographical method for the analysis of document and observation. 3. The main results of analysis. The author presents the following issues: disabled persons and the university (masters context), The University Office for Disabled Persons, educational and professional activities of disabled persons, and two models of disabilities (medical and interactive). The author also shows the problem of disability in the context of such categories as: society, state, culture, and civilization. The author discusses the formation of altruistic attitudes towards disabled persons and educational assistance for them at the university when they are studying. The article examines issues surrounding hearing-impaired persons at the university (methods of working with such students) and the blind within the context of visual culture at the university. The author presents some problems of conscience and disabled persons at the university. 4. Limitations of results of analysis. This article is a contribution to discussions of the place of disabled persons at the university. Limitations concern relations to the university. 5. Practical implications. The results of the analysis may be used in these discussions as an argument for the change of situation of disabled at the university. 6. Social implications. The results of analysis may be related to the group of disabled students at the university. 7. The originality of the article (new value, novelty). The paper is based on original sources and on situations of disabled students at the university in the context of culture and possibilities of help.
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Crimes against Humanity and International Law in Višegrad Municipality have their historical genesis and constant. Višegrad is, due to its geographical, and strategic location, the capital of Serbian great state ideology, policy and practice, especially because of the proximity of neighboring Serbia and Montenegro. In Višegrad, Chetniks carried out numerous individual and mass crimes, including the crime of genocide as the gravest forms of crimes against humanity and international law. The main hypothesis of the paper is that in the Višegrad area, throughout history, been carried out numerous crimes against humanity and international law against the Bosniak population, including the crime of genocide, all with the goal of creating an ethnically pure Serbian area. Mentioned hypothesis corroborated by numerous and relevant facts chronologically elaborated in the work, as well as the relevant scientific documents and sources, as well as the final court judgment of the ICTY and the Court of Bosnia and Herzegovina perpetrators of the crimes. The main goal of this paper is to introduce a wider and narrower social public on the scope, characteristics and scale, as well as the consequences of the crimes committed against Bosniaks in the Višegrad area.
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