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Tschechoslwakei - 10 Jahre Charta 77

Author(s): Imma Palme / Language(s): German Issue: 26/1986

Nicht zufällig wählten die Initiatoren eines relativ kurzen Dokuments den 1. Jänner 1977 als Stichtag für dessen Erscheinen: Die UNO hatte das „Jahr der politischen Gefangenen“ ausgerufen, und in Belgrad sollte eine Nachfolgekonferenz zur Überprüfung der Erfüllung der Schlußakte von Helsinki stattfinden. In Prag also erschien am Neujahrstag 1977 ein scheinbar unauffälliges Manifest über die Menschenrechte und deren Verletzung in der Tschechoslowakei.

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Antimilitarismus - Geehrtes Kultur forum!

Author(s): Karol Kiszely / Language(s): German Issue: 22/1985

Sie müssen wissen, daß sich - während Ihre Beratung tagt - über 150 gesetzesachtende, friedliebende Staatsbürger wegen ihrer pazifistischen Überzeugung in Ungarn im Gefängnis befinden. (Die Zahl der aus anderen Gründen verurteilten politischen Gefangenen kenne ich nicht.) Manche von ihnen gerieten ins Gefängnis, weil sie ihre Wehrpflicht im Rahmen der auch in Ungarn formell bestehenden waffenlosen Heeresgattungen ableisten wollten - aus religiösen Gründen. Sie wurden unter der falschen Anklage der „Kriegsdienstverweigerung“ verurteilt. Andere wurden eingesperrt, weil sie aus religiösen oder Gewissensmotiven wirklich den Dienst verweigerten, wobei die Behörden willkürlich - im Widerspruch zu den Paragraphen 77 und 61 der Verfassung - behaupten, daß sich die Glaubens- und Gewissensfreiheit nicht auf die „Wehrpflicht beziehe“.

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Polen - Erklärung von Charta 77 und KOR

Author(s): Author Not Specified / Language(s): German Issue: 15/1984

Im Geiste des Treffens der Unterzeichner der Charta 77 in der Mitglieder des KOR an der tschechoslowakisch-polniichen Grenze 1978 wünschen wir neuerlich unsere gemeiname Überzeugung im Interesse einer Vorantreibung der Achtung der Menschenrechte und der Erweiterung der bürgerichen Freiheitsrechte auszudrücken.

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Tschechoslowakei - Friedenspolitik

Author(s): Bruno Coppieters / Language(s): German Issue: 23/1986

Das Gründungsdokument der Gruppe „Charta 77“ trug vor neun Jahren 240 Unterschriften. Der Begriff „Menschenrechte“ bildete die gemeinsame Grundlage für unterschiedliche politische und religiöse Strömungen der tschechoslowakischen Oppositionsbewegung. Ihr Anspruch war, politische, wirtschaftliche, ökologische und kulturelle Fragen anhand des Maßstabes der Menschenrechte zu beurteilen.

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In Österreich und der BRD: Proteste gegen Belgrader Prozeß

Author(s): Author Not Specified / Language(s): German Issue: 18/1984

Anläßlich des Prozesses gegen sechs Intellektuelle in Belgrad verfaßte das Sozialistische Osteuropakomitee eine Protestresolution an den jugoslawischen Präsidenten Yeselin Djuranovic, in dem es sich gegen die Verfolgung der freien Meinungsäußerung wandte — einem Recht, das sogar verfassungsmäßig garantiert ist.

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Aleš Završnik, Katja Simončič (ur.): Artificial Intelligence, Social Harms and Human Rights

Author(s): Nina Cvar / Language(s): Slovenian Issue: 103/2023

Review of: Aleš Završnik, Katja Simončič (ur.): Artificial Intelligence, Social Harms and Human Rights. London: Palgrave Macmillan, 2023. 290 str., (ISBN 978-3-031-19148-0), 106,99 EUR.

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ИЗГРАЖДАНЕ НА ЕВРОПЕЙСКОТО РАЗБИРАНЕ ЗА ПРАВАТА НА НАЦИОНАЛНИТЕ МАЛЦИНСТВА – АСПЕКТИ НА КОНЦЕПТУАЛИЗАЦИЯТА

Author(s): Boryana Buzhashka,Vanya Dobreva / Language(s): Bulgarian Issue: 5/2024

One of the remarkable achievements of the past 20th century was the European conceptualisation and refinement of the understanding of the protection of the rights of national minorities. Within the 20th century, the thesis of national minorities was not only born, but also underwent a kind of meaningful evolution. The analysis shows that, albeit tentatively, three stages of its development can be identified. The first stage is connected with the end of the First World War: then this question was raised with all seriousness and established in international law and political practice. The other has to do with the end of the Second World War: national minorities became the focus of public attention, new understandings of their rights and free way of life were a natural counterpoint to the anti-human fascist theories and practices of the previous period about the chosenness of one nation (Aryans) and the needlessness of other nations (Jews, Slavs, Gypsies, etc.). The last period reflects the historical events of the end of the 20th century - the problem of national minorities is actualized and becomes the center of public discussions. In fact, since the end of the twentieth century, the European understanding of the rights of national minorities has increasingly reflected the view that the preservation of minority rights means the protection of individual human/citizen rights and freedoms. In turn, individual human/citizen rights are primarily related to forms of identity, i.e. the consciousness of belonging - ethnic, linguistic, religious. Thus, the issue of the protection of national minorities, on the one hand, becomes part of the more general European concept of the preservation of individual human/citizen rights, but it also reflects the problem of types of identities, i.e. the principle of self-determination. This interpretation - it turns out - acts as a protective barrier against attempts by the state, within which national minorities objectively exist, to take repressive or restrictive measures against citizens of minority origin, affecting their identity and rights related to language, religion and culture. On the other hand, the European understanding of national minorities prevents attempts to discriminate on the grounds of race and origin. For the evolution of the European understanding of the rights of national minorities, the creation and historical development of individual human rights and minority institutions have been important. It is well known that immediately after the Second World War the first post-war continental organisation was established - the Council of Europe. Later, with the development of the European Union, the Council for Security and Cooperation in Europe (OSCE) and other organisations, the problem of the rights of national minorities was fully developed. At the Vienna Summit of the Heads of State and Government of the member states of the Council of Europe (8-9 October 1993), a decision is taken to draw up a Framework Convention for the Protection of National Minorities. Under the universal approach (that of the UN), the protection of minorities is built on individual rights. The CoE's attempts at some final solutions (e.g., the Additional Protocol on National Minorities and the European Charter for Regional and Minority Languages), based on the dominant collective nature of these rights, have not been successful at this stage. And this shows that this matter is delicate and it is essential to take into account a number of factors in its interpretation. As a concrete example of the realization of the European understanding of national minorities one can trace the environment in which the Bulgarian communities in the Balkans exist, the means through which they preserve their national identity and the approaches through which the common integration in the host country is realized.

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Neformalni negovatelji starijih u Srbiji - ka prepoznavanju formalnog statusa?

Author(s): Marta Sjeničić,Marko Milenković,Sofija Nikolić Popadić / Language(s): Serbian Issue: 1/2024

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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Pink Report 2024. Annual Report on the State of Human Rights of LGBTI People in Bosnia and Herzegovina

Author(s): Amil Brković,Admir Adilović,Amina Dizdar,Branko Ćulibrk,Darko Pandurević,Delila Hasanbegović Vukas / Language(s): English Issue: */2024

The past year and period have seen a number of negative events that have had a significant impact on the human rights of LGBTI people in Bosnia and Herzegovina. The trend that has been visible for years is becoming increasingly evident, demonstrating that, while the progress and position of LGBTI people in BiH is unsatisfactory throughout the country, there is a growing disparity when comparing the two entities. Over the last year, in the Republika Srpska entity, we have witnessed an organised attack by hooligans on BH Pride March activists in Banja Luka, a series of examples of incitement to violence and discrimination of LGBTI people by the highest officials of the Republika Srpska and public figures, organising groups and non-governmental organisations with a clear anti-gender agenda, as well as announcements of the abolition of “gender identity” as a prohibited ground in the Criminal Code of the Republika Srpska and other regulations. All these events cannot be viewed in isolation, and it is evident that they are part of a process and movement with international partners and support, as well as anti-democratic and anti-Western principles that the authorities in the Republika Srpska implement without much objection from the opposition and despite the international community’s messages which remain limited in scope and effect. On the other hand, whereas processes in the Republika Srpska tend to suffer substantial setbacks, processes in the FBiH entity are best described as stagnant. Although there are signs of at least partial institutional openness to regulations and policies concerning key human rights issues of LGBTI people, it is clear that the processes are moving too slowly, and that no significant progress has been made on key matters such as regulating same-sex partnership, improving legal framework for freedom of assembly in the Sarajevo Canton, providing accessible healthcare and regulating administrative issues for transgender people or hate speech. Some of the bright examples include the quick and efficient reactions of the prosecutor’s offices, such as the one in the Sarajevo Canton, where there were major threats to the safety of LGBTI people as in the case from the beginning of the year, which will be discussed individually in this report. However, the most significant progress was achieved in the Brčko District in March 2024, when the Brčko District Assembly amended the Criminal Code, including in it the criminal offence of public provoking or inciting hatred on the ground of sexual orientation and gender identity. Finally, one of the positive aspects is the work and dedication of certain state institutions in monitoring and promoting the Action Plan to Improve the State of Human Rights and Fundamental Freedoms of LGBTI People in BiH, which was adopted at the state level. The work and development of certain formal and informal collectives that have been active in the territory of BiH in the past period is significant, as stated in the report’s final chapter. However, based on all the information gathered, the coming period will be marked by the need for joint action of all actors dealing with human rights in BiH in order to stop the regressive trends that are gaining more influence on public life in BiH and the human rights of LGBTI people.

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Rozi izvještaj 2024. Godišnji izvještaj o stanju ljudskih prava LGBTI osoba u Bosni i Hercegovini

Author(s): Amil Brković,Admir Adilović,Darko Pandurević,Branko Ćulibrk,Delila Hasanbegović Vukas / Language(s): Bosnian Issue: */2024

Godina i period koji su iza nas za sobom su ostavili nekoliko negativnih događaja koji su dali veliki pečat na položaj ljudskih prava LGBTI osoba u Bosni i Hercegovini. Trend koji je vidljiv godinama unazad sve je jasniji i pokazuje da, iako je progres i položaj LGBTI osoba u BiH nezadovoljavajući na svakom dijelu teritorije, postoji sve veća razlika kada govorimo o situaciju između dva entiteta. U proteklih nešto više od godinu dana, u entitetu Republika Srpska, svjedočili smo organizovanom napadu huligana na aktiviste Bh. povorke ponosa u Banjaluci, niz primjera poticanja na nasilje i diskriminaciju LGBTI osoba od strane najviših funkcionera Republike Srpske i javnih ličnosti, organizovanje grupa i nevladinih organizacija sa jasnom anti-rodnom agendom kao i najavama ukidanja „rodnog identiteta” kao zabranjenog osnova u Krivičnom zakonu Republike Srpske, te u drugim propisima. Sva ova dešavanja nije moguće posmatrati u vakuumu i vidljivo je da su ona dio procesa i pokreta koji ima svoje međunarodne partnere i podršku, te su dio antidemokratskih i anti-zapadnih principa, koje vlast u Republici Srpskoj sprovode bez većeg protivljenja opozicije i uprkos porukama međunarodne zajednice koje ostaju limitiranog dometa i efekta. S druge strane, ako procesi u Republici Srpskoj imaju tendenciju ozbiljnog nazadovanja, u entitetu Federacija BiH procesi se najbliže mogu opisati riječju stagnacija. Iako postoje znakovi barem djelimične institucionalne otvorenosti za propise i politike koji se tiču ključnih pitanja ljudskih prava LGBTI osoba, činjenica je da se procesi odvijaju presporo i da se ni na jednom od ključnih pitanja, kao što su regulisanje istospolnih partnerstava, unaprijeđen zakonski okvir za slobodu okupljanja u Kantonu Sarajevo, pristupačno zdravstvo i administrativna pitanja za transrodne osobe ili regulisan govor mržnje, stvari nisu pomjerile u značajnijoj mjeri. Ono što jesu svijetli primjeri su brze i efikasne reakcije tužilaštava, poput onog u Kantonu Sarajevo, kada su se dešavale značajne prijetnje po sigurnost LGBTI osoba, kao u slučaju s početka godine koji će biti posebno obrađen u ovom Izvještaju. Ipak, najznačajniji napredak je ostvaren u Distriktu Brčko, također, početkom ove godine, kada je u martu 2024. Skupština Brčko distrikta, novim izmjenama Krivičnog zakona, uključila krivično djelo javnog izazivanja ili poticanja na mržnju na osnovu seksualne orijentacije i rodnog identiteta (pored drugih novih osnova koje su, također, uvedene). U konačnici, među pozitivnim stvarima je svakako rad i predanost pojedinih državnih institucija na praćenju i promicanju Akcionog plana za unapređenje osnovnih sloboda i ljudskih prava LGBTI osoba u BiH donesenog na državnom nivou. Značajan je rad i razvoj pojedinih kolektiva, formalnih i neformalnih, koji su u proteklom periodu djelovali na području BiH, o čemu će više informacija biti u posljednjem poglavlju Izvještaja. Ipak, na bazi svih prikupljenih informacija, period koji je pred nama obilježiće potreba za zajedničkim djelovanjem svih aktera koji se bave ljudskim pravima u BiH, kako bi se zaustavili regresivni trendovi koji sve više utiču na javni život u BiH i ljudska prava LGBTI osoba.

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The Sports Act vis-a-vis integration of athletes with disabilities

Author(s): Jakub Zwierzchowski,Joanna Sobiecka / Language(s): English Issue: 48 (2)/2024

In the past, sports activity mainly served as a means of rehabilitation for persons with disabilities (PWDs), leading to sports’ organizational structures to be limited primarily to athletes with disabilities (AWDs). Today, given the professionalization of adaptive sports, sports activity may also be a source of income. This, however, brings implications for forming adequate organizational structures that ensure achievement of best sports results and integration. Integration of PWDs is a process aimed at including them in the community life of persons with disabilities and opening the circles of able-bodied persons to PWDs. Given the above, in 2010 the Sports Act started to move away from the discriminating division between sports for “the able-bodied” and for “persons with disabilities”. At the moment, AWDs are subject to the same regulations as other athletes and efforts are made to involve them in competitive sports on the same terms and within the same organizational structures. The aim of this study is to see if the adopted model of organizational structures in professional (Olympic and Paralympic) has significance for the sense of integration from the perspective of AWDs. To answer this question, provisions of the Sports Act that regulate the creation of Polish sports associations (PSAs) are analysed. Results of the analysis are juxtaposed with empirical research used for expert opinions for the Ministry of Sports and Tourism, which covered 613 Paralympic athletes. Sociological, including statistical, methods are used for the analysis of empirical research. The study employs the method of investigation of the law in force to analyse provisions of the Sports Act, relying on rulings of administrative courts and legislative materials. In the light of opinions of AWDs affiliated in PSAs dedicated to training both able-bodied athletes and AWDs, different opinions are observed on the sense of integration in sports when compared with opinions of AWDs affiliated in associations dedicated solely to training AWDs. Even though the Sports Act does not have a direct and literal proof for PSA’s integrational character, interpretation of provisions by administrative authorities and their application by courts suggests otherwise. Therefore, it can be concluded that legislative changes regarding the model of PSAs, which organizes competition for both able-bodied and AWDs brings positive results in terms of integration.

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Paramilitary Forces, Domestic Politics and Conflict: A Case of the Sudan Crisis

Author(s): Beatrice Onamu,Israel Nyadera / Language(s): English Issue: 1/2024

What is the threat posed by paramilitary groups on the state? This paper seeks to examine the role and impact of paramilitary forces on domestic politics and how their involvement results in political (in)stability. It examines how the interplay between the Rapid Support Forces, a paramilitary force in Sudan and the Sudan Armed Forces has resulted in a humanitarian crisis since the overthrow of Omar Al Bashir's government in 2019. The authors argue that the formation of paramilitary groups is aimed at protecting the government from internal and external threats, yet these paramilitary groups can shift or withdraw their loyalty to the political leadership. Such a shift the paper finds creates a high potential for confrontation between the paramilitary forces and regular forces leaving the citizens vulnerable to mass atrocities and war crimes. The paper begins by examining the origin, spread and activities of militia groups globally and at the regional level before examining the concept of paramilitary forces. The authors then look at Sudan’s historical and contemporary experiences with paramilitary groups before discussing the recent crisis between the regular forces and the paramilitary force in Sudan. They find that the preferential treatment of paramilitary forces influences their actions during a crisis.

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BRADFORD, A.: Digital Empires: The Global Battle to Regulate Technology

Author(s): Martin Erlebach / Language(s): Czech Issue: 29/2024

Review of: BRADFORD, A.: Digital Empires: The Global Battle to Regulate Technology Oxford, New York: Oxford University Press, 2023. s. 608. ISBN: 978-0197649268

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Belarus’ Sovereignty in Question: Assessing its de facto Sovereign Status in the Shadow of Russia

Author(s): Arūnas Molis,Sara Pastorello / Language(s): English Issue: 2 (114)/2024

The paper explores state sovereignty by developing a systematic framework for categorising states based on their sovereignty status. At the heart of our analysis lies the distinction between sovereign states and satellite states – a distinction that has significant implications for global security, stability, and the balance of power. While sovereign states exercise full autonomy and control over their affairs, satellite states often find themselves in a subordinate position, heavily influenced or even dominated by external powers. A theoretical framework deconstructs the concept of sovereignty into four crucial elements: authority, legitimacy, independence, and territoriality, which provide a structured assessment of the level of sovereignty in a state and serve as the basis for our analysis. To illustrate the application of our framework, we adopt a case study approach focused on Belarus. As a nation situated at the crossroads of Eastern Europe with a history marked by geopolitical contestation and strategic manoeuvring, Belarus provides a compelling context for examining sovereignty dynamics. Through a systematic analysis of Belarus’ political, economic, and military landscape, we seek to assess its sovereignty status within the framework of our analysis. While the topic of Belarus’ sovereignty and integration within Russia has been extensively explored over the years, the innovative contribution of this paper lies in purposefully designed methodology for sovereignty assessment and the use of the latest empirical data while practically applying the model for the case of Belarus.

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Access of Platform Workers to Collective Rights – the Fall of the Binary Divide?

Author(s): Aljoša Polajžar / Language(s): English Issue: 2/2024

The paper addresses the issue of self-employed platform workers’ access to collective labour rights from the perspective of international law (ILO) and supranational European law (EU and Council of Europe). In this regard, the paper addresses the right to collective bargaining, the right to strike and the collective right to information and consultation. The main finding is that at the current stage, the relevant international and European legal framework is not providing access of self-employed platform workers to all examined collective labour rights. In light of the analysed legal developments the binary divide “has fallen” (for those self-employed platform workers who fulfil the 2022 Guidelines criteria) regarding access to collective bargaining. Therefore, as argued in the paper, also access to the right to strike should be ensured for the latter platform workers due to the purposeful interconnectedness and inseparability of both rights. Nonetheless, the binary divide is remaining “firm” regarding access to collective information and consultation rights. The latter remain accessible (including considering the Platform Work Directive proposal) only to platform workers with a subordinate “worker” status. However, as argued in the paper, the possibility to drop the binary divide (at least regarding certain matters) also in relation to collective information and consultation rights (in the context of platform work) should be seriously considered.

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A Mediator Between Sharia and State Law: Aḥmad al-Khamlīshī’s Legal Thinking and Contribution to Reforms

Author(s): Miyase Yavuz-Altıntaş / Language(s): English Issue: 3/2023

With the 2004 reforms on the Moroccan Personal Status Law, the Moroccan Family Code (Mudawwanah) is considered one of the most egalitarian codes in the Muslim World. The reforms was a product of long-lasting public debates for decades in Morocco. Aḥmad al-Khamlīshī has been actively involved in the debate since the beginning of the 1980s and explained that the Personal Status Law is man-made law open to interpretation, revision of which should be undertaken through ijtihād. Shortly after ascending to the throne, in 2001, the King Mohammed VI appointed the Royal Advisory Commission in charge to reform the Moroccan Personal Status Code. The King charged the commission for making a substantial change in the Code by respecting the main objectives of Sharia (maqāsid al-Sharia) and also responding to the necessities of the time and society by means of exercising ijtihād. He encouraged members of the commission to consider the public interest and to strive for consensus and moderation in any proposed changes. The commission worked for around two and a half years on the proposed changes, but could not reach a consensus on many issues. Everyone on the commission has, more or less, had some leaning towards either of the two main groups, namely, the reformists and traditionalists. Aḥmad al-Khamlīshī was one of the members of the Royal Advisory Commission. He was a person who shared views of the reformist group, but also used the language of the traditionalists. He became a reference point for reformist groups with his critical but moderate views that remain within the Islamic legal framework. In this paper, I argue that al-Khamlīshī was the mastermind behind the reforms of 2004. By applying data analysis method, this study primarly uses al-Khamlīshī’s writings, his interviews and speeches. To reveal the difference and similarities of his understanding, the literature was consulted and comparisons were made. Following a brief background, this paper will discuss al-Khamlīshī’s mediating role between text and context, his influence on the debate of family law reforms, and thus his stance on Sharia-state relations. This paper will then focus on his understanding of ijtihād with reference to his views on the concept of the closure of the gate of ijtihād, qualifications of mujtahid (one who is capable to deduce legal rulings from the revealed texts), and his suggestion on collective type of ijtihād (ijtihād jamā’iʻ); as it was exercised by the Advisory Commission. AlKhamlīshī’s methods of legal reasoning will be examined with regard to family law.

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Forced sterilization in the state of California from 1909 to 1979: A historical and legal analysis

Author(s): Krystian Jabłoński / Language(s): English Issue: 1/2024

This historical and legal analysis examines the phenomenon of forced sterilization in California between 1909 and 1979, a period marked by the implementation of eugenic policies aimed at improving the genetic composition of the population. Through a detailed examination of the legal frameworks, key court cases, and the socio-political context, this study reveals how eugenic ideology gained acceptance, which led to the sterilization of thousands of individuals under the guise of societal betterment. The analysis delves into the ethical, legal, and historical dimensions of these practices and it highlights the role of California as a focal point in the broader national and international discourse on eugenics and human rights. The gradual rejection of eugenic ideology as well as the shift towards recognizing and compensating victims reflect a critical reassessment of the past injustices and underscore the importance of ethical considerations in medical and legal practices.

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Western Hemispheric Security and the U.S.: Japanese Peruvian Wartime Incarceration During World War II

Author(s): Matti Izora Ibrahim,Segâh Tekın / Language(s): English Issue: 27/2023

Following the participation of the United States of America (U.S.A.) in World War II in 1941, the U.S. incarcerated 120.000 Japanese Americans during the war under the pretense of “military necessity”. At the same time, with the claim of guaranteeing the security of the Western Hemisphere, the U.S.A. coerced Latin American countries to deport thousands of their Japanese descendent citizens and place them in the custody of the U.S.A. among them, Peruvian Japanese citizens were kidnapped, taken to the U.S.A., and incarcerated indefinitely. This paper focuses on the incarceration of the Japanese Peruvians in the camps and their lives during and aftermath of World War II within the context of universal human rights and international law. This period in the history of the Americas has resulted in the breaching of internal and universal human rights legislation besides enduring human suffering.

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The law and gender-based domestic violence in Spain – legal backgrounds, efficiency and problems

Author(s): José Antonio González-Costa / Language(s): English Issue: 62/2023

This article shows the history, structure, functionality and efficiency of Law 1/2004 of December 28 on protection measures against gender violence. First, it explains the legal background from which this law has been influenced and then its objectives, purpose and novelties are exposed. Secondly, it is analyzed objectively whether the law fulfils its purpose of combating violence, whether it helps to solve problems and whether the number of victims of violence has been reduced since its adoption. Thirdly and finally, the mistakes, lapses and inconsistencies of the law are analyzed and briefly explained. The purpose of the article is to show that Law 1/2004 of December 28 is ineffective and does not solve the problems of gender violence, neither domestic nor family. We also show that it is a sexist law, as it only protects women, excluding men. The most important conclusion is that the Law 1/2004 should be changed to a more efficient law that protects all victims, regardless of their sex. Also, it must change, the fraudulent use of the law to obtain judicial advantages, and the consensual or induced breach of a sentence must also be avoided. It is necessary for a new wording of the law to address from a multidisciplinary point of view.

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State of helplessness of a victim in the context of sexual abuse of a person with disabilities

Author(s): Dorota Habrat / Language(s): English Issue: 62/2023

Sexual abuse against people with disabilities constitutes a group of crimes that are rarely reported and are inadequately monitored. Most sexual abuses against people with disabilities remain undisclosed. If these offences occur within the victim’s socially closest environment, they are considered private matters. The aim of the article is a dogmatic legal analysis of penalizing the sexual exploitation of helplessness in individuals with disabilities. Attention has been drawn to the increased risk of falling victim to sexual violence due to the characteristic of disability, in the context of protection against various forms of sexual exploitation. The challenges in determining the scale of sexual abuse against people with disabilities have been highlighted. The article discusses the procedure for prosecuting the offence defined in Article 198 of the Penal Code and provides an interpretation of the concept of helplessness. Additionally, police and court statistics related to the offence stipulated in Article 198 of the Penal Code are presented in the article. The focus is on disability as a potential factor of helplessness. The article justifies the complexity of the problem, considering the diversity of values and standards related to sexual life. It has been demonstrated that people with disabilities deserve special protection, and ensuring their dignity is a fundamental obligation of the rule of law and civil society

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