![Around the Bloc: German Police Disprove Gang-Rape by Migrants](/api/image/getissuecoverimage?id=picture_2016_21871.jpg)
Around the Bloc: German Police Disprove Gang-Rape by Migrants
There is no evidence of a sexual offence against the 13-year-old girl from a Russian-speaking community in Berlin, German prosecutors said.
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There is no evidence of a sexual offence against the 13-year-old girl from a Russian-speaking community in Berlin, German prosecutors said.
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After school principal bombarded with anti-Islam messages, he and students stand behind girl originally from Yemen
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Hungary prime minister further burnishes his anti-migrant credentials.
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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 publication deals with the current legal and social situation of women in Afghanistan. The author analyzes the process of formation of the legal position of Afghan women from the moment of the country’s liberation from under the Taliban occupation in 2001. She concentrates on indicating relevant legal regulations and guarantees, as well as – primarily – analyzes the degree of respecting them. Consequently, she discusses selected forms of violence against women which is persistently present on the territory of Afghanistan. The author elaborates on specific cultural phenomena and acts against fundamental women’s rights, such as baad, baadal, the so-called “honor” killings, and punishing women for running away. These points lead to the conclusion that the enacted laws are merely an empty shell and women’s situation is far from stable.
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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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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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The Schengen ‘wall’ that had kept the Western Balkans and the Republic of Macedonia casted out from the EU mainland was removed in 2009. Symbolically it coincided with St. Nicholas Day i.e. the celebration of the patron of children and travellers. The paper examines the effects of the visa liberalisation and the effects that may follow in case the newly adopted suspension mechanism is fully implemented. The basic assumption is that visa liberalization served as a ‘carrot’ to move forwards the EU integration process while the suspension mechanism is more of a disciplinary measure (the ‘stick’) but also an indication of a securitized migration policy. The paper underlines how visa liberalization has affected the governments’ treatment of the ‘bogus’ asylum seekers (mostly citizens of Roma and Albanian origin). The research question concerns the trade-off that national governments have made in order to preserve the visa liberalization and the impact in terms of human rights and discriminatory policies.
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During armed conflicts in some countries, it became a common practice for fighters to force women to serve as wives. Although there is usually no official conclusion of marriage, in this way a relationship is created that is in many ways similar to a conjugal relationship. In a forced marriage, “wives” were expected to maintain regular sexual relations with their “husbands”, but also to perform housework, get pregnant, take care of born children and their “husbands”. Having this practice in mind, the Prosecutor before the Special Court for Sierra Leone determined this behavior as forced marriage and qualified it as other inhuman acts within the framework of crimes against humanity. This opened the door for a lot of legal problems related to the “new” crime. Namely, the question arose as to what the criminal act of forced marriage entails, i.e. what is the actus reus of this criminal act. Then, what is the difference between forced marriage and some other acts of crimes against humanity that are similar to it, such as, for example, sexual slavery. And finally, is forced marriage an act that is similar in its character to other acts of crime against humanity, so that it could be classified as other inhumane acts. The paper analyzes the etiological-phenomenological dimension of forced marriages in Cambodia, Sierra Leone and Uganda. After that, decisions of Extraordinary Chambers in the Courts of Cambodia, Special Court for Sierra Leone and permanent International Criminal Court are analyzed regarding all disputed issues related to forced marriage: the status of this act in international criminal law, the relationship with other similar international criminal offenses and the concept of forced marriage. Finally, proposals de lege ferenda are presented regarding the definition of forced marriage and its explicit prescription in international criminal law.
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Informal carer is any person who provides care – usually for no remuneration – to another person with chronic illness, disability or other long-lasting care. Informal carers are completely unrecognized in the legal system of RS. Consequently, there is no official data in Serbia on the number of informal carers. There are numerous aspects of informal care that are challenging. Their work-life balance is affected, which in turn may affect their ability to participate in the labour market and maintain social life. This may further lead to social exclusion and risk of poverty. Finally, health and well-being of informal carers may also be affected. COVID-19 crisis painfully revealed the fundamental flaws in the care system and weakness in lack of the regulated approach in providing informal care. It turned out that older persons were greatly dependant on informal carers, due to the COVID crisis and measures undertaken. By using limited available data on informal care in Serbia and looking into comparative examples on position of informal careers, the article seeks to offer proposals for the new model for improving the position of informal care givers in Serbia, when it comes to elderly population in the forefront. By reviewing the literature, one can come up with various recommendations for future interventions in the field of informal caregivers’ work and long-term care, which is increasingly necessary with the aging of the population. The status of informal caregivers should be improved by their formal recognition in the care system for the elderly. When drafting the regulations, it is necessary to rely on the EU Directive on the balance between work and private life, with the aim of improving the balance between work and private life of informal caregivers and better access to the labour market. In addition to passing specific regulations in the field of elderly care and the position of informal caregivers, it is necessary to introduce their regular training. This way, caregivers would acquire adequate knowledge and support, in order to respond to the task of caring for the elderly, while preserving their own well-being. The position of informal caregivers would be significantly improved by the development of sustainable community services for elderly, as well as support services for the caregivers themselves. Furthermore, it is important to focus on informal caregivers who are most burdened, which, according to research, are women and caregivers of people with dementia.
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