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IMPERATIVE OBLIGATION OF STATUS ENSURING THE HUMAN SECURITY AT THE NATIONAL LEVEL IN THE LIGHT OF MILITARY INTERVENTION – RELATED PROVISIONS UNDER THE INTERNATIONAL LAW
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IMPERATIVE OBLIGATION OF STATUS ENSURING THE HUMAN SECURITY AT THE NATIONAL LEVEL IN THE LIGHT OF MILITARY INTERVENTION – RELATED PROVISIONS UNDER THE INTERNATIONAL LAW

Author(s): Vitalie Gamurari,Corneliu Gușanu / Language(s): English Issue: 2/2020

The concept of international security in the context of modern international law defines literally the trends of its development and codification. Or, today, not only the segment of state sovereignty has been emphasized, but also the segment of human security, which has to be strictly regulated in respect of the international law and to not be doubtful in this sense. Moreover, the segment of restoring the society degraded after a military intervention perfectly authorized from the international law point of view.

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THE STIGMA OF MEMORY IN TUMBAYA-JUJUY

THE STIGMA OF MEMORY IN TUMBAYA-JUJUY

Author(s): Ludmila Da Silva Catela / Language(s): English Issue: 2/2010

The church where Lavalle was skinned. A small town surrounded by mountains. A picturesque cemetery watching over the town from on high, as was the “custom in olden times.” A small municipal office next to the only public telephone in town, and the center of public life, the square. In the middle is a flagpole that flies a large Argentine flag on special occasions and patriotic holidays. At the base of the flagpole is a plaque with the words “God, Country, Home. Tumbaya 1979,” an unmistakable sign of the military presence during the 1970s. It might be added that the only plaques in town, in square and church, were placed there by the Argentine Army in 1979. Tumbaya, a small town located at the gateway to the Quebrada de Humahuaca valley in the northern part of Argentina, is home to a number of families of indigenous ancestry. This identity surfaces in times of crisis, especially regarding land claims, or during assemblies, the primary means for settling intra-community disputes. Yet it is unusual for anyone to acknowledge indigenous blood in the course of everyday life or when introducing themselves on public occasions. For all intents and purposes, this identity is denied. A small number of surnames are shared by a large number of families: everyone is kin and compadre to everyone else. Family and political networks (and their factions) regulate social relations in Tumbaya.

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Женщины в структурах советской культурной дипломатии холодной войны: пространства мобилизации и практики соучастия

Женщины в структурах советской культурной дипломатии холодной войны: пространства мобилизации и практики соучастия

Author(s): O. S. Nagornaya / Language(s): Russian Issue: 31/2020

This article discusses the involvement of women in structures of Soviet cultural diplomacy, as well as complicated negotiations between cultural-diplomatic actors and party-state structures, a complex interweaving of institutional and ideological influences “from above” with the stubbornness of lay diplomats. At the center of the investigation are their gradual professionalization and generational change. Archival materials on Soviet party-state authority and (quasi) civil organizations reflect a discursive, institutional, and partly individual dimension of the Soviet women’s movement and its activities at the international level. The author concludes that in attempting to exploit the potential of women’s issues outside the country, the Soviet party-state found no solution to contradictions between the ambitious role of women in the Cold War and their own patriarchal patterns. After the late 1960s, the women’s issue also developed in global contexts of human rights. If within the USSR the topic was perverted in public discussions, at the international level it developed independently. This questioned the image of the Soviet Union as a country where gender equality was already realized. The gradual discrediting of the USSR as the main peacemaker made further use of the peace issue within the women’s movement more problematic. Afterwards, activities of the Soviet Women’s Committee were formalized as a bureaucratic practice, more focused on domestic audiences.

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EXECUTION OF IMPRISONMENT SENTENCED BY JUDGMENT OF THE INTERNATIONAL CRIMINAL COURT

EXECUTION OF IMPRISONMENT SENTENCED BY JUDGMENT OF THE INTERNATIONAL CRIMINAL COURT

Author(s): Dragana Čvorović,Hrvoje Filipovic / Language(s): English Issue: 2/2021

One of the current issues of criminal law, in general, is the issue of execution of a criminal judgment sentenced by the international criminal court (ad hoc or permanent international criminal court). The issue is ongoing because international criminal courts do not have their institutions for the enforcement of criminal sanctions they impose, but are, in that regard, instructed to cooperate with states that express readiness to execute criminal sanctions - imprisonment sentences imposed by an international criminal court in their prison facilities. Among the numerous issues related to this issue, the paper analyzes only those related to the legal basis for standardization, conditions, and manner of execution of a prison sentence imposed by an international criminal court.

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SOME CONSIDERATIONS REGARDING THE CRISIS CAUSED BY THE COVID-19 PANDEMIC AND NATIONAL SECURITY
PART II
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SOME CONSIDERATIONS REGARDING THE CRISIS CAUSED BY THE COVID-19 PANDEMIC AND NATIONAL SECURITY PART II

Author(s): Valentin Stelian Bădescu / Language(s): English Issue: 1/2021

This study is an opinion and the first episode in a series entitled "The coronavirus pandemic between truth and falsehood, between dream and reality. Anti-crisis journal”, through which I try to express the things that have happenedto me, that I think about, that I analyze; some that I have decidedand others that I want to decide, but I can't do. And it is obvious that everything we knew so far about our activity will no longer resemble or no longer resemble what it was three months ago. It is quite complicated for you to realize how manythings can change in just a few days. It is almost impossible to put yourself in a position to think of different strategies from one day to the next, almost from one hour to the next. I think that our nature needs to settle down, one needs to dissect and deepen things before being able to think or rethink strategies and solutions. It is very likely that each of us is less aware that not only our activity is changing, but especially our life. What we knew before the pandemic is not the same, what we did then is no longer, a few weeks away, what we are doing today. The same thing is happening with our national security, which is increasingly threatened by foreigners and anti-Romanian aliens in the country.

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Free movement of people in the European Union and recognition of same-sex marriages on the example of Poland, Ireland and France

Free movement of people in the European Union and recognition of same-sex marriages on the example of Poland, Ireland and France

Author(s): Karolina Bicz / Language(s): English Issue: 1/2021

The article presents the issue of the free movement of persons in the European Union in the field of same-sex marriage rights, taking into account comparative elements. The research presents provisions of the European Union, as well as internal regulations in force in France, Ireland and Poland. The article discusses the approach to the analysed issue at the level of EU regulations and internal regulations of the examined Member States. Moreover, the interaction between EU and national regulations is an important research point. Besides the article shows case variants concerning the recognition of same-sex relationships due to the legal and ideological conditions in the analysed countries Also, the article analyses the impact and importance of the Court of Justice of the European Union and the European Court of Human Rights for the studied topic. In addition, the study takes into consideration the impact of constitutional provisions on the legalization of homosexual couples in the analysed countries. The article is divided into parts covering the following issues: free movement of persons in the European Union, the right to family reunification of European Union citizens, relations between European Union law and the internal law of the Member States, recognition of same-sex marriages in France, Ireland and Poland, and summary. The opinions of A. Tryfonidou, H. Verschueren, P. Tulea and M. Bell were included in the study due to their importance to the research are.

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Сурогатното майчинство – предизвикателство към законодателството на Република България

Сурогатното майчинство – предизвикателство към законодателството на Република България

Author(s): Lidiya Peneva / Language(s): Bulgarian Issue: 3/2020

Surrogate motherhood is a modern socio-economic phenomenon that needs legal regulation in the Republic of Bulgaria. This article presents the generally accepted view of it and the differentiated types of surrogacy. With the comparative method, the legislative approach to it was analysed in the countries of the European legal family and beyond. Finally, is presented position in the Republic of Bulgaria.

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Публична лекция на г-н Трайчо Трайков, кмет на район „Средец“ на Столична община, пред студенти по право на тема: „Това, което е добро за хората, невинаги е политически павилно, но някой трябва да го свърши“

Публична лекция на г-н Трайчо Трайков, кмет на район „Средец“ на Столична община, пред студенти по право на тема: „Това, което е добро за хората, невинаги е политически павилно, но някой трябва да го свърши“

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 3/2020

The public lecture is dedicated to the powers of regional mayors within a municipality. It focuses on the lack of financial decentralisation in the area of local self-government. It also describes the powers of regional mayors in the areas of ensuring public order and, in particular, the powers under the Ministry of Internal Affairs Act and the Condominium Ownership Management Act.

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Juries and Justices of the Peace in the United States of America

Juries and Justices of the Peace in the United States of America

Author(s): Paweł Króliczek / Language(s): English Issue: 4/2020

The paper shows an American model of the participation of the society in the administration of justice. It is crucial for the Polish discussion about the involvement of public factor in that manner. The analysis is divided between the constitutional right to trial by jury and the institution of justices of the peace, which is unique for the Anglo-Saxon legal system. Research conducted here is the result of a detailed analysis of the case law of the Supreme Court of the United States and selected state courts that shaped the views of the American academia on this issue. Hopefully, this brief study will help to reform the Polish judicial process.

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CIVIL SOCIETY: A MECHANISM FOR MAINTAINING THE HEALTH OF THE STATE OF LAW

CIVIL SOCIETY: A MECHANISM FOR MAINTAINING THE HEALTH OF THE STATE OF LAW

Author(s): Cătălina Szekely / Language(s): English Issue: 1/2020

The state of law represents a desideratum of the modern society, to which one relates whenever they claim rights and freedoms or respect the obligations that come with these rights and freedoms. The state of law knows various developments in different legal systems, as each society comes with its own particularities, but the fundamental principles are the same everywhere. When the state, through its representatives, shows signs of deviating from these principles, civil society manifests as a mechanism to ensure a healthy legal state, a mechanism whose strength can determine the very development of the state of law.

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LES RELATIONS FAMILIALES À L’AUNE DU DROIT FUNERAIRE ROUMAIN

LES RELATIONS FAMILIALES À L’AUNE DU DROIT FUNERAIRE ROUMAIN

Author(s): Silviu Dorin Şchiopu / Language(s): French Issue: 2/2020

Le décès d’un cher proche est peut-être le moment le plus critique de la vie de chacun. De tels moments peuvent rapprocher les familles, mais ils peuvent aussi empoisonner les relations entre parents. Bien que la concorde doive caractériser ces relations, il n’est pas rare que la réalité nous prouve qu’il revient au législateur la mission ingrate de trouver des solutions pour résoudre les conflits entre les proches du défunt sur l’organisation des obsèques. La question est d’autant plus compliquée que non seulement la législation séculière a son mot à dire, mais aussi le droit canonique en ce sens que le manque de communauté de foi est un élément qui ne peut être négligé, notamment dans le cas des cimetières confessionnels. En analysant la réglementation des funérailles nous constatons que chaque acteur – l’État, les cultes et les unités administratives-territoriales – a une vision quelque peu différente sur les relations familiales, plus précisément chacun est plus ou moins intrusif dans la sphère de la vie privée. Pratiquement tous les règlements ayant un impact sur les funérailles laissent voir un certain modèle de relations personnelles et familiales, essentiellement un conditionnement du comportement qui est récompensé par la possibilité de bénéficier de certains services funéraires. Ainsi, bien que chacun ait le droit à des funérailles décentes et à rendre hommage au lieu de sépulture du défunt, les règles qui régissent les funérailles forment un kaléidoscope qui, selon la situation concrète du défunt, peuvent conduire à des résultats différents en ce sens que le défunt se voit offrir ou refuser certaines options concernant l’établissement du lieu d’inhumation et l’organisation des services funéraires. Sans chercher à épuiser ce vaste sujet, la présente petite étude vise à mettre en évidence d'un point de vue juridique l'impact de la typologie familiale sur l’organisation des funérailles principalement à partir des options offertes au défunt par la législation roumaine.

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MEASURES TO LIMIT THE PERSONAL FREEDOMS OF MINORS IN THE CONTEXT OF THE COVID-19 PANDEMIC

MEASURES TO LIMIT THE PERSONAL FREEDOMS OF MINORS IN THE CONTEXT OF THE COVID-19 PANDEMIC

Author(s): Dragos Lucian Radulescu,Delia Mihaela Marinescu / Language(s): English Issue: 2/2020

The legal norms in the matter of the superior interest of the minors impose specific obligations of the parents, established in order to ensure the optimal conditions for the upbringing and education.However, the taking of protective measures against minor children is not a matter for parents only, as exceptional situations require the restriction of individual rights in order to protect collective rights, through administrative acts issued by the competent bodies. In this context, in the context of the COVID-19 pandemic, the functioning mechanisms of the European Union have made it possible to take measures to limit the spread of the relatively common virus in the Member States, both in the main field of public health and in the economic or social field. The article discusses the legal basis of measures to limit the effects of the Covid pandemic, elements of judicial practice, notions related to the best interests of minors, non-discrimination.

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Amerykańska polityka praw człowieka wobec Argentyny w czasie „brudnej wojny ” 1976-1983

Amerykańska polityka praw człowieka wobec Argentyny w czasie „brudnej wojny ” 1976-1983

Author(s): Magdalena Lisińska / Language(s): Polish Issue: 59/2019

The paper aims to provide an analysis of the question of violations of human rights during the last military dictatorship in Argentina (1976-1983) and the impact of this problem on bilateral relations with the United States. The article will focus mostly on the presidency of James “Jimmy” Earl Carter. The political line he adopted, known as “the Carter doctrine” or “human rights policy” was the basis of restrictive attitude towards the Argentine dictators. In order to provide a complete analysis, the topic of the paper was treated broadly, covering not only bilateral, American-Argentine issues, but also multilateral forms of exerting pressure on Argentina, mainly from the United Nations and Organization of American States. The article also provides an analysis of the human rights policy itself, as well as of the state terror introduced by the Argentine military, known as the “Dirty War””.

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Human Rights in the Remnants of a Conflict: Has the Legacy of Dayton Impaired Minority Inclusion in Bosnia-Herzegovina?

Human Rights in the Remnants of a Conflict: Has the Legacy of Dayton Impaired Minority Inclusion in Bosnia-Herzegovina?

Author(s): Adriana Michilli / Language(s): English Issue: 22/2019

More than two decades following the end of civil conflict made possible via Dayton Peace Accords (DPA) instated in 1995, Bosnia-Herzegovina still utilizes this international legal instrument as the sovereign’s official constitution. This paper addresses the impact that the international community’s failure to implement the appropriate locally considerate solutions needed to sustain peacebuilding has left behind. To this end, the paper highlights the quotidian ways in which the socio-cultural landscape of the Bosnian Federation and Republika Srpska remain stratified along ethno-religious divisions. Directing its’ attention on the practical aspects where minorities face discrimination and remain excluded from social spheres the paper calls for a necessary advancement on the human rights protection of safeguarding minority members in both of the country’s de-facto territories. In closing, it argues that society’s schism from the residual consequences of the DPA can be achieved through the practices of change-drivers taking advantage of their training and capacity-building skills in the forms of: inter-ethnic dialogue, inter-cultural reconciliation and inter-religious peace. Constructing competences which demonstrate respect for human rights, encourage co-existence and the equal integration of minority members in society also bear the potential to strengthen the currently fragile relations with the out-group community, reducing a society’s propensity for conflict regression.

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POSSIBILITIES OF APPLYING THE CHINESE SOCIAL CREDIT SYSTEM TO COMBAT TERRORISM

POSSIBILITIES OF APPLYING THE CHINESE SOCIAL CREDIT SYSTEM TO COMBAT TERRORISM

Author(s): Dominika Dziwisz / Language(s): English Issue: 69/2020

2011 saw the start of the pilot phase of the Social Credit System. The societies of democratic states interpreted it as an extreme example of human rights violation. In turn, what is usually forgotten is that the SCS is not the first citizen assessment system, because similar systems have been successfully functioning since 1960s in democratic countries. Scientific analyses of SCS operations are usually limited to its negative consequences. There are fewer attempts by governments of democratic states to assess the use of elements of SCS and algorithmic data analysis, for example in order to increase the level of security of citizens. As a result, this article presents the research hypothesis that elements of the SCS may be successfully applied also in democratic states for the purpose of more effective combating of terrorism. With modern methods of analyzing Big Data sets, it is possible, for example, to accelerate recognition of terrorist networks, support identification of sources of radicalization in online communities and increase the effectiveness of anti-terrorist strategies in order to protect citizens against contemporary terrorist threats. For such a system to be as effective as possible, it should take over some assumptions of the SCS which are explained in this article: Firstly, it should be centralized and controlled by the state. Secondly, the information obtained and processed should be used solely for the purposes of the state security policy, i.e. in the scope smaller than in the case of China. Thirdly, the data should be obtained from multiple sources, public and private ones, in order to increase the accuracy of predictions. Fourthly, the violation of the principles of social coexistence might result in specific penalties, and compliance therewith – in rewards.

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MILITARIZING HATE, PERPETUATING VIOLENCE AND RAPE, AND ALLOWING HUMAN RIGHTS ABUSES TO GO UNPUNISHED

MILITARIZING HATE, PERPETUATING VIOLENCE AND RAPE, AND ALLOWING HUMAN RIGHTS ABUSES TO GO UNPUNISHED

Author(s): Maila Lee Womack / Language(s): English Issue: 71/2021

The United States does not comply with the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), which is the United Nations’ core binding anti-racism human rights convention. One hundred and seventy seven states, including the US, have ratified the anti-racism multilateral agreement. The nation entered into the pact in 1994 yet still has not implemented its obligations to the statute. This study focuses on the protections ICERD provides Latino immigrants who are not United States citizens as this group is often ignored in advocacy for implementation strategies. Areas where the United States does not comply with ICERD include discriminatory immigration policies and practices, violent and discriminatory policing, gendered violence, and inequalities in the criminal justice system. It is critical to examine ICERD’s protections for Latino non-citizens because it reveals how the group experiences racism differently than other people because they endure intersectional forms of systematic and institutional discrimination due to their race, ethnicity, citizenship status, gender, and other identity traits. Methodologies used in this study include analysis of ICERD’s monitoring body’s General Recommendations, and the monitoring body’s reports about the United States’ lack of compliance with the statute. These are the most powerful regulatory forces of the treaty due to the monitoring body’s positionality as experts about the pact appointed through the United Nations system.

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ENFORCEMENT OF THE EUROPEAN UNION LAW BEFORE THE ALBANIAN CONSTITUTIONAL COURT AND THE HIGH COURT

ENFORCEMENT OF THE EUROPEAN UNION LAW BEFORE THE ALBANIAN CONSTITUTIONAL COURT AND THE HIGH COURT

Author(s): Gentian Skara,Bojana Hajdini / Language(s): English Issue: 3/2021

With the entry into force of the Interim Agreement in 2005 between the EU and Albania, Albanian judges had the obligation to partly apply several provisions of the agreement (the EU law) even in the pre-accession stage. This position was reinforced in 2009, with the ratification of the Stabilisation and Association Agreement, which laid down the obligation of the Albanian government to approximate its existing and future legislation in line with EU acquis and ensure proper implementation. Consequently, as of 2009, Albanian courts had to apply the EU law. The application of the EU law by Albanian courts entails the duty of judges with a twofold task: firstly, to construe their arguments in line with EU law or as close as possible, and secondly, to set aside the domestic law which is found to be incompatible with the EU law. This paper outlines some Albanian courts' decisions concerning applying the EU Law before accession to the European Union. The paper argues that Albanian judges have adopted a ‘Euro-friendly’ approach by referring to the EU Law and SAA agreement even in the pre-accession period. Nevertheless, looking closely at court decisions, the EU law is applied as a persuasive source of law to support the court’s decision and not to explain the importance of relying on EU law or CJEU case law.

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Kyiv Philosophical School and Human Rights. National-Cultural Movement in the Ukrainian SSR: Scientific and Public Dialogue and Interaction

Kyiv Philosophical School and Human Rights. National-Cultural Movement in the Ukrainian SSR: Scientific and Public Dialogue and Interaction

Author(s): Heorhii Vdovychenko / Language(s): English Issue: 8/2021

This article deals with defining and analyzing the experience of dialogue and interaction of the founders of the Kyiv philosophical school, as a leading participant in the philosophical life of the Ukrainian SSR from the Khrushchev’s “thaw” to the Gorbachev’s “perestroika,” with the human rights and national-cultural movement of the 1950s and 1980s, also represented, in particular, by its figures V. Lisovyi and Y. Pronyuk. Academicians S. Krymskyi and V. Horskyi, founders both of this school and, at the same time, its main academic center, namely the Institute of Philosophy of the Academy of Sciences of the Ukrainian SSR, were long-term employees of its two most nonconforming Departments – Logic and Methodology of Science and History of Philosophy of Ukraine, and left a lot of evidence on this topic. In their final autobiographical reconstructions of the past two decades, they left a number of recollections of their long-term friendly relations with the known ideologists of the Ukrainian human rights movement I. Svitlychny, I. Dziuba, E. Sverstiuk, L. Plyushch, including their colleagues, prisoners of conscience V. Lisovyi and Y. Pronyuk. At the same time, they provided much evidence of similar relations with well-known in the USSR and the world Russian Soviet dissidents: the philosophers A. Zinoviev and A. Esenin-Volpin, and the writer V. Nekrasov. Other no less important sources of the topic of the article, apart from the memoirs of the mentioned and other figures of the Kyiv philosophical school, as significant achievements of the first domestic projects on the oral history of philosophy of T. Chaika and Student Society of Oral History of Philosophy of Taras Shevchenko National University of Kyiv, are used below. These are scientific works, memoirs, and correspondence of the said well-known academic human rights scholars: dissident philosopher V. Lisovyi and his colleague from the Institute of Cybernetics of the Ukrainian SSR Academy of Sciences, also dissident philosopher L. Plyushch. They reflected the formation of a new type of Ukrainian intelligentsia of the post-Stalin era of the generation of the sixties as postmodern thinkers-visionaries of democratic Ukraine

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INFORMATION AND COMMUNICATIONS TECHNOLOGY AS A TOOL TO SUBSTITUTE IN-PERSON VISITS IN THE SERBIAN PRISON SYSTEM DURING THE COVID-19 RESTRICTIVE MEASURES

INFORMATION AND COMMUNICATIONS TECHNOLOGY AS A TOOL TO SUBSTITUTE IN-PERSON VISITS IN THE SERBIAN PRISON SYSTEM DURING THE COVID-19 RESTRICTIVE MEASURES

Author(s): Milica Kolaković-Bojović / Language(s): English Issue: Supp. 1/2021

In an attempt to properly address one of the greatest challenges for prison administrations around the world facing Covid-19, namely, to ensure regular communication between the inmates and their families, the Serbian Penal Administration, supported by German NGO Help e.V, procured the ICT equipment aimed at substituting the in-person visits. The author decided to assess the impact of this pilot project on the right of inmates to communicate with their family members, exploring their attitudes and the attitudes of professionals/prison staff that work with them, to get both perspectives. The results of the research showed that the online communication ensured through the pilot project has significantly contributed to preserving contacts and family relations in the changing environment of the Covid-19 restrictive measures, although it cannot completely replace family visits based on, in-person contact. However, the research also led to some of the remaining obstacles to a wider application of this, substitutive approach, among others, concerning the lack of IT literacy and the both of inmates and their family members, and to the life in poverty and/or in remote country areas. Additionally, this research identified a remaining need for further financial investment in the IT equipment to ensure adequate frequency and duration of communication, but also the need to revise/upgrade an existing treatment approach to integrating modern technologies/IT literacy as tools to contribute to the effectiveness of inmates’ reintegration.

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SOME HUMAN AND TECHNICAL ASPECTS OF ONLINE CONTENT REGULATION

SOME HUMAN AND TECHNICAL ASPECTS OF ONLINE CONTENT REGULATION

Author(s): Gergely Gosztonyi / Language(s): English Issue: Supp. 1/2021

The amount of newly uploaded content on the internet is growing daily: 60 seconds on the web in 2021 consist of more than 500 hours of content uploaded on YouTube, 695,000 stories shared on Instagram, and nearly 70 million messages sent via WhatsApp and Facebook Messenger. The vast majority of them is legal content, but a slice is illegal or harmful. The article analyses the situation and the problems of both human and AI moderation, then it gives an answer how to handle the content on the internet with a shared usage of human and AI moderation as they could perfectly complement each other in a long term.

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