Human Rights and the Transformation Process in Turkey

Author(s): Bülent Arınç / Language(s): English

When discussing the issue of human rights, we should also consider the boundaries, shortcomings, and problematic aspects of today’s human rights rhetoric. I do not agree with those who hold a one-sided view of the norms of universal human rights and interpret their historical evolution as part of the Westernisation and Europeanisation process. Within different intellectual traditions, many philosophers have rejected certain perspectives that suggest a limited and narrow understanding of human rights, and have introduced new approaches that suggest a wider scope. They have adopted a global perspective, instead of those based on white, western or male dominance. Thus, I believe that among the many prominent traditions that have developed throughout the world, approaches that assert reasonable and fair interactions between different communities within a globalist framework and political consciousness are the most valuable.

Alternativni modeli pravde – prakse pravde u zajednici

Author(s): / Language(s): Serbian

Mala čitanka za feministički diskusioni kružok „Alternativni modeli pravde – prakse pravde u zajednici” je napravljena radi vidljivosti nekih neinstitucionalnih pravnih praksi, kao i onih praksi koje su kreirale žene za žene. Iskustvo je pokazalo da institucionalni pravni sistem često nije na strani žrtava, da ne zadovoljava pravdu, niti na međunarodnom, a još ma nje na nacionalnom nivou. Zato ovim feminističkim diskusionim kružokom nastavljamo sa praksom upoznavanja sa međunarodnim iskustvima drugačijih modela pravde – narodni sudovi, inicijative aktivističkih organizacija, posebno ženske grupe i mreže. Istovremeno, cilj nam je da podstaknemo zajedničko stvaranja modela pravde u skladu sa potrebama žrtava/preživelih.

Prakse protiv nekažnjivosti zločina nad ženama

Author(s): / Language(s): Serbian

Mala čitanka za feministički diskusioni kružok „Ratni zločin silovanja“ pokazuje prakse alternativnih sistema pravde, a kao odgovor na povrede ljudskih prava žena. Ženske akcije za mir, a protiv nekažnjivosti zločina pokazuju da ne postoji jedna pravda. Pravda nije samo retributivna (krivična), pravda je i restorativna (obnoviteljska), a takođe i distributivna (pravična raspodela).

Total Makeover

Author(s): Author Not Specified / Language(s): English

CEAS intern Savely Zakharenko, a 2nd year college student from Duke University in the United States, has written about the Islamic State (ISIS), a newly formed and powerful insurgency currently sweeping through wide expanses of territory throughout Iraq and Syria. Though still a new, unpredictable power, the extremist Sunni insurgency, now a declared Caliphate, has significantly worried the West, especially the United States, who had just recently finished their military withdrawal from Iraq, and leaders throughout the Middle East.

Totalna rekonstrukcija

Author(s): Author Not Specified / Language(s): Serbian

CEAS plan za unapređenje stanja sistema bezbednosti u Srbiji sa posebnim osvrtom na zaštitu Ustavom zagarantovanih osnovnih ljudskih prava: prava na privatnost i zaštitu podataka.

THIRSTING FOR JUSTICE. Europe’s Roma Denied Access to Clean Water and Sanitation

Author(s): Author Not Specified / Language(s): English

This unique report by the European Roma Rights Centre provides compelling evidence that, throughout several States and regions where safe water supply and sanitation services are available to almost every household, Roma populations are systemically disadvantaged in their access to these services. Evidences gathered from Albania to France reveal shocking disparities of the conditions endured by Roma as compared to the rest of the population. In this respect, the report’s conclusions highlight a concerning situation of widespread, deeply rooted social exclusion and ethnic discrimination regarding Roma’s access to these essential services.

“AMSTERDAM NEL MEDITERRANEO”. Come il sistema d’asilo olandese può contribuire a risolvere la crisi migratoria nel Mediterraneo

Author(s): Author Not Specified / Language(s): Italian

Like French president Emmanuel Macron, leaders across the EU are looking for a fast, effective and humane asylum system; a system which determines quickly, but thoroughly, who needs protection; creates disincentives for people to get into boats; and manages to return those who are found not to need protection within a short period of time. || The question is how to make this happen. One place to look to for concrete inspiration is the Netherlands. There most asylum claims are decided within less than two months including appeals in a procedure fully respecting the rights of refugees. Asylum seekers are supported from the beginning by a lawyer paid for by the state and can state their claim in at least two comprehensive interviews.

Дискриминация отдельных уязвимых групп в беларуси

Author(s): Author Not Specified / Language(s): Belarusian

This report was prepared based on the results of the work of experts from the Belarusian Helsinki Committee (Belarus), the FORB Initiative Legal Association (Belarus), and the Human Constant Consulting Center on Current International Practices and Their Implementation in Human Law (Belarus). Center for Expertise in the Field of Equal Rights (Lithuania).

КОНЦЕПЦИЯ НАЦИОНАЛЬНОГО ЗАКОНОДАТЕЛЬСТВА О РАВЕНСТВЕ И МЕРАХ ПО ПРЕДОТВРАЩЕНИЮ И ЗАЩИТЕ ОТ ДИСКРИМИНАЦИИ

Author(s): Author Not Specified / Language(s): Belarusian

This concept was developed by experts of the Belarusian Network for Equality and Non-Discrimination, which, in particular, includes: RPOO "Belarusian Helsinki Committee". Human Rights Education Office (Office for the Rights of Persons with Disabilities), Forb Initiative, Initiative Group "Identity and law. The concept is presented for wide discussion by all stakeholders and is aimed at drawing attention to the problem of the lack of comprehensive integrated anti-discrimination legislation in the Republic of Belarus.

Multiple Discrimination in Employment Relationships

Author(s): Dragos Lucian Radulescu / Language(s): English Publication Year: 0

Discrimination in legal employment relationships involves the existence of differential treatment applied by the employer in violation of protected criteria established in the states’ national legislation to restrain or eliminate the use or exercise of employees’ rights. Discrimination involves the imposition of differentiation between employees, usually in comparable situations, and the application of identical treatment, even though they have different duties in the work process, with similar effects of excluding their rights. The article analyses multiple discrimination concerning the relevant European and national legislation, with reference to international and European regulations and relevant case law.

The Use of Capital Campaigns to Facilitate Successful Healthcare Philanthropy

Author(s): Axel Rump,Matthias Buntrock / Language(s): English Publication Year: 0

Due to financial constraints, urgent investments or even cutting-edge medical research projects with high financial requirements cannot be realized. The acquisition of major donations as an additional source of funding can contribute to this. Crucial here is the knowledge of the most potent donor target group - the high-net-worth individuals (HNWIs = financial assets of at least $1 million, UHNWIs = financial assets of at least $30 million) as major donors. However, there are hardly any comprehensive empirical data on wealthy individuals as donors to cutting-edge medical projects in Germany. This study, therefore, examines for the first time the functionality of major-donor fundraising explicitly for hospitals from two different perspectives - of hospital directors and high-net-worth individuals themselves. The study follows a mixed-methods approach, combining the three sub-studies. The study clarifies that UHNWIs and HNWIs in Germany are willing to become socially involved and that hospitals represent an attractive object of donation for them in terms of a large donation not only during their lifetime but also after their death. However, hospitals do not approach high-net-worth individuals consistently, effectively, and sustainably. This is because German hospitals are not appropriately structured and staffed to meet the wishes and needs of the target group adequately. For the future, a major rethink is coming to hospitals because major gift fundraising cannot be established as an additional funding source without first making a significant investment.

СЛОБОДАТА НА ИЗРАЗУВАЊЕ СПОРЕД ЧЛЕН 10 ОД ЕВРОПСКАТА КОНВЕНЦИЈА ЗА ЧОВЕКОВИ ПРАВА И ОСНОВНИ СЛОБОДИ

Author(s): Kostadin Bogdanov,Veronika Stanojevska / Language(s): Macedonian Publication Year: 0

Considerations regarding the Right of Veto in the Current International Context

Author(s): Dan Cristian / Language(s): English Publication Year: 0

The military aggressions involving various states in the recent period raise significant and substantial problems regarding the possibility of maintaining a right of veto regarding the intervention in the conflict of some international organizations in order to restore peace. Given that the notion of the right of veto extends to many areas such as the economic, the social, the free passage of goods and services, the possibility of development on the labor market and the military, it cannot be completely abandoned the prerogative of exercising such a right in its entirety. As in the current international context, most of the world’s states have joined or are preparing to join international organizations with economic and security purposes, and these organizations have as principles the granting of the right of veto for decisions regarding international political cooperation and their functioning, it can be admitting the necessity of a division of the prerogatives conferred by the right of veto. The article aims to analyze the essential prerogatives that the right of veto gives to the member states of an international organization and the possibility of maintaining them against the backdrop of military conflicts that have arisen at the international level recently. Conclusions of the paper will aim to determine the sustainability of the right of veto in the current international context.

Inclusion: Transition from School to Higher Education

Author(s): Gagandeep Bajaj / Language(s): English Publication Year: 0

The paper highlights the educational journey of visually challenged learners as they navigate the path from school to higher education. The policies and provisions of the Indian education system designed to enable the inclusion of learners with special needs constitute the theoretical foundation of the study. In this context, the Rights of Persons with Disabilities Act, 2016 is especially relevant since it presents a revised version of the 1995 Act and incorporates contemporary concerns from the field of disability research and practice. The methodology includes an exploration of the experiences of visually challenged learners with the help of personal narratives and group discussions. The findings bring forth the challenges that learners face in their pursuit of career advancement. The critical role of enabling provisions in facilitating their educational progress and helping them realize their aspirations is another important aspect which emerges from the interpretive analysis.

Establishing the Frontier of International Law: The Nuremberg Trial

Author(s): Jamie Kim / Language(s): English Publication Year: 0

Conducted from 1945-1946, the Nuremberg Trials were the first instance of justice for the unique crime of genocide, and redefined international law and obligation, setting a precedent for holding individuals responsible in cases of human rights violations. The trial and conference transcripts and images of the time tell the story of nations attempting to navigate through the inherent clash between national sovereignty and international law, as well as creating an entirely new international code. Controversy, however, remains on the desired outcome of the trials as contention remains over the Allied powers’ use of the Nuremberg Trials for propaganda and “show” trials. While the Nuremberg Trials were utilized to restore justice, their extensive use of film and photography suggests that another key interest was to immortalize WWII’s crimes. Additionally, critics contest the Nuremberg Trials’ validity due to their predetermined outcome. Furthermore, although the Nuremberg Trials marked a significant step in international justice, the subsequent genocides and human rights violations provoke questions of the trial’s effectiveness. This paper argues that although the Nuremberg Trials were flawed, they altered history in their debut of international justice with creations of bodies such as the International Criminal Court; yet, it is only when nations can truly lay down self-centered interests for the greater good that justice can be impartially executed.

The Idea of Human Rights in the Chinese Legal System

Author(s): Li Yuanjun / Language(s): English Publication Year: 0

The modern human rights theory was proposed by Europeans, instead the thousands-year-old features of Chinese culture focused on the obligations of people and the collective interests that shaped the value of human rights in socialism with Chinese characteristics in ancient Chinese legal system. These differ from western individualism and the rights-oriented idea, but they also influence the development of Chinese human rights theory. In the Chinese modern legal system, especially the amendment of the Constitution of the PRC in 2018 and the adoption of the Civil Code of the PRC in 2020 there is a lot of modern development in Chinese domestic human rights. China’s cooperation in international human rights protection is even more obvious to all. Although, there are still issues in developing human rights in the Chinese legal system, such as expanding free speech, abolishing the death penalty etc. Meanwhile, some factors such as citizens’ will, economic environment, and personality of the leader of China should be taken into account when evaluating the future institutional order of Chinese human rights by explaining current situations China faces. China and any other countries are supposed to continuously explore the theory of human rights, to strengthen human rights protection, and to absorb the parts that other countries or regions have done well in human rights. And we need to promote the advancement of international human rights laws and ensure their implementation, making them work smoothly and effectively to create harmony and dignity for the international community and human beings.

The Offense of Incitement to Violence, Hatred or Discrimination Provided in the Romanian Criminal Code

Author(s): Nicoleta-Elena Heghes / Language(s): English Publication Year: 0

The offense of incitement to violence, hatred or discrimination is provided for in art. 369 of the Romanian Criminal Code. This offense consists in inciting the public, by any means, to violence, hatred or discrimination against a category of persons or against a person on the grounds that he or she is part of a certain category of persons defined on the basis of race, nationality, ethnicity, language, religion, gender, sexual orientation, opinion or political affiliation, wealth, social origin, age, disability, chronic non-contagious disease or HIV/AIDS infection, considered by the perpetrator as causes of a person’s inferiority in relation to others. This article was amended by Law no. 170 of June 3, 2022, for the amendment of art. 369 of Law no. 286/2009 regarding the Criminal Code. This amendment to the Criminal Code was imposed because in the old text, namely “Inciting the public, using any means, to hatred or discrimination against a category of individuals,” no discriminatory criteria were provided for the existence of the crime. Therefore, the act of incitement to hatred or discrimination could be based on a wide variety of criteria, such as sex, gender, sexual orientation, race, ethnicity, nationality, language, religion, opinion, political affiliation, beliefs, age, illness, disability, social origin, wealth etc., which can generate feelings of hatred and the desire to discriminate against a certain social category, but were not expressly listed. The commission of the offense is punished by no less than six months and no more than three years of imprisonment or by a fine. The change was carried out as a transposition into legislation of the Framework Decision 2008/913/JAI on combating certain forms and expressions of racism and xenophobia through Criminal Law. The focus of this study is to conduct a thorough analysis of this offense.

The Adoptee’s Right to Know His/Her Biological Identity in Romanian Legislation

Author(s): Ciprian Raul Romitan / Language(s): English Publication Year: 0

The right of the adopted person to know his/her biological identity and to have access to all information concerning the adoption is enshrined in the revised European Convention, on the adoption of children and the Convention on Protection of Children and Cooperation in respect of Intercountry Adoption. Therefore, from the perspective of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the consistent case law of the ECHR, “the right to know one’s origins or the right to know one's biological identity has its basis in the broad interpretation of the concept of privacy.” In Romania, the right of adoptees to know their origins is enshrined in the Constitution and is regulated both in the Civil Code, adopted in 2011, and in special laws, which establish that adopted persons have the right to know their origins and their own past and, in this regard, are supported in their efforts to contact their natural parents or biological relatives. At the same time, these legal acts also regulate the way in which the adoptee is informed about the adoption and his/her family of origin, as well as the general legal regime of information on adoption.

PROTECȚIA JURIDICĂ A DREPTURILOR OMULUI PRIVIND PERSOANELE PRIVATE DE LIBERTATE DIN CADRUL CENTRELOR DE REȚINERE ȘI ARESTARE PREVENTIVĂ ORGANIZATE LA NIVELUL UNITĂȚILOR DE POLIȚIE

Author(s): Adrian Dublea,Viorel Velișcu / Language(s): Romanian Publication Year: 0

The legal protection of human rights is an area of interest for the legal world, regulated by a vast normative and institutional framework. The topic covers the category of persons deprived of their liberty in remand and pre-trial detention facilities organized within police establishments. The international legal framework should be emphasized by highlighting the treaties, documents and institutions of reference, with applicability at national level. Detention conditions in police-organized detention facilities, the problems and challenges faced by the system, require special attention in order to avoid abuses and subjecting people to inhuman or degrading treatment or practices. . It is only just that fundamental rights such as the right to life, to physical and mental integrity, to defense or to adequate treatment should always be respected, regardless of a person's legal status or gender, ethnicity, race or social category.

Položaj braniteljki i branitelja ljudskih prava u Republici Srbiji

Author(s): Diana Miladinović / Language(s): Serbian Publication Year: 0