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This contribution deals with the possibility of applying basic human rights and liberties in the conditions of the Army of Czech Republic. This article contains a presentation of the current legal regulations concerning human rights and liberties protection, and implementation of the regulations of the Bill into the situation of the Army. It points out at the basic sources of substantial influences upon limitations and restrictions in applying some basic human rights and liberties of the soldiers in active service.
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Úmluva o právech dítěte přijatá 20. listopadu 1989 tvoří nedílnou součást norem upravujících lidská práva a podrobně vymezuje pravidla určená k ochraně přesně vymezeného okruhu osob - dětí. Úmluva se ve své preambuli odvolává na předcházející mezinárodní dokumenty Upravující práva dítěte a znovu připomíná, že dítě potřebuje zvláštní ochranu a péči. Články 1 až 5 mají v rámci úmluvy zvláštní postavení a účelem tohoto příspěvku je snaha o jejich rozbor - definice dítěte, zákaz diskriminace, zájem dítěte, prováděcí opatření, postavení rodičů - to vše jsou základní pojmy představující obecná pravidla nezbytná pro realizaci úmluvy jako celku.
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Článek se zabývá problematikou prodeje, obchodování a únosů dětí z pohledu Úmluvy o právech dítěte a českých trestněprávních předpisů. V prvé části se autorka zabývá definicí pojmu dítě, dále pak rozborem trestného čimu obchodování s dětmi, v souvislosti s národní a mezistátní adopcí. Dále je zmíněna problematika trestného činu únosu a otázka právního posouzení případu únosu dítěte jedním z rodičů. V závěru článku jsou zmíněny další formy zneužívání, vykořisťování a týrání dítěte, zejména pak dětská prostituce a pornografre v souvislosti s vývojem Internetové sítě.
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Parliamentary elections of 2015 shifted UK closer to the possible exit from the EU. This unprecedented step will have significant impact on the UK legal system including the protection of human rights as the ties between national and European level may disconnect or change the procedures and principles applied. Th is article claims that possible UK withdrawal from the EU will significantly challenge the level of human rights protection due to closing direct path to international level and limiting the jurisdiction of ECJ. In the worst case scenario the UK might become a closed system with decreasing quality of human rights protection.
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The artistic mask, understood as a “factitious”, creatively developed identity of a person, escapes the long-accepted, and already well-established in the private law, classifications of legal interests. This makes it difficult to answer the fundamental question of whether, and if yes, then subject to what conditions, the artistic mask is protected, and also to establish the legal framework for contractual disposal thereof. This problem becomes particularly important these days, as discussions across a variety of platforms are being held on the development of one’s own personality, self-creation, how we present ourselves to others, and how far we can control how others present us. Moreover, the structure of the mask draws our attention to the area where the material, or tangible, and the immaterial, intangible, interpenetrate each other, the area that is characterized by the conflict of interest, whether or not it pertains to property-related, or economic, interest. The academic research undertaken so far allows to conclude that there are many faces of the artistic mask. Therefore, a question arises whether it is possible at all to assign it to one of the categories of protected interest that is already recognized by the law, namely an image, a work or artistic performance, or it is a new type of legal interest. In our opinion, the problem of the artistic mask is not an anachronistic one, or an artefact from the times of a pursuit to find the grounds for protection of the artists-performers.The analysis of those who practice as performers allows us to observe that the structure of the mask combines two elements, i.e. the identity and the medium. It is a characteristic feature of the mask that everything that makes up the identity, namely the character, the appearance of an impersonated character, is not real, as it would be in the case of an image of a human being, but is artificially created. Unlike is usually the case with a copyrighted work, it is not a physical object that is the carrier, or the medium, for the mask, but a human being. It can be stated that in the case of the mask, the human being is the original copy of the “work”. However, the concept of holding copyright to one’s own person is excluded as such.
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The article is devoted to the study of the correct application of the evaluative concepts contained in the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms. Attention is drawn to certain difficulties in the application of the evaluative norms in the Convention: despite their objective necessity and usefulness, they create a room for the law enforcement entity’s own discretion up to subjectivism in resolving specific cases; they serve as an objective obstacle to the unification of the case law of the ECtHR and this creates preconditions for unequal implementation of ECtHR judgments in the national legal order; they cause the risk of errors in the application of the provisions of the Convention by the competent authorities of the Contracting States. It is established that the application of legal norms containing evaluative concepts is challenging not only owing to the specific properties of the evaluative concepts themselves, but also due to the peculiarities of adjudication by the ECtHR when applying the evaluative norms. The relevant case law of the ECtHR as well as examples of national legislation are analysed in support of these theoretical conclusions. Since the lack of uniform application of the evaluative norms of the Convention causes divergent use of the ECtHR’s judgments in the domestic judicial system, it is advised to follow a number of rules for reasoning of decisions by the domestic court. These rules will serve as a certain guarantee against ambiguous implementation of ECtHR judgments at the national level.
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The ambiguity of understanding and use of the term “human rights” reduces the effectiveness of the law-making and law enforcement activities of state and international bodies, creates negative conditions for the formation of the unified worldview and legal position of future lawyers and representatives of other humanities. This article aims to define, formulate the content and describe the legal essence of the term “human rights,” and to substantiate the thesis about the harmfulness of the legal science, law-making and law enforcement use of this term with different meanings. The leading method of research is the method of analysis, which allows one to study the subject, imaginatively dividing it into constituent elements, and to consider each of the selected elements separately within a single whole. This article presents the argumentation of the need for a single wording, understanding, and use of the legal term “human rights.” The materials of the article have practical value for the effective implementation of the law-making and law enforcement activities of state and international bodies, for the formation of the unified worldview and legal position of future lawyers and representatives of other humanities, as well as for a correct and clear explanation of problems with the implementation and protection of human rights.
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The purpose of the article is to propose a concept of the collective right to food which may turn out to be essential in fighting hunger and malnutrition on a global scale. International agreements, including Pacts on Human Rights, overlook the rights of indigenous peoples by corresponding to the individualistic, state-centric, consumeristic and commercial vision of the right to food. An approach, which is based on the objectives of critical studies on law, to the official dogma of the right to food (developed within expert and intergovernmental bodies in the form of the UN Committee on Economic, Social and Cultural Rights) allows for claiming that the dogma is less legitimized than the collective right to food (defined in the Declaration of Atitlán) resulting from the indigenous peoples’ practice. This is why, remaining in the sphere of the official, Grotian international legal order, it should be acknowledged that the indigenous peoples’ right to food defined in the article is a part of third-generation rights (next to the second-generation individualistic right to food) while remaining strictly connected to the right to self-determination and the right to development. It is a result of the long-term practice of those peoples. The above-mentioned proposal of the third-generation right to food has not been applied to the legal doctrine so far. Its value is the opportunity to develop and study the concept of food sovereignty that allows one to more effectively combat hunger and malnutrition on a global scale as compared to the previous actions of international communities.
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The aim of the study is a legal analysis of the provisions criminalizing hate speech in Polish criminal law, in terms of the protection of inherent human dignity in relation to people with disabilities. Rated whether the absence of special protection under criminal law in the area of hate speech provides the proper respect and protects the dignity of persons with disabilities in Poland, to the same extent and degree as other people. The doctrine of criminal law protection against hate speech was discussed. It was analysed why hate speech against people with disabilities was not penalized and it was shown that legal changes in this area should be preceded by a multifaceted legal analysis, taking into account international standards, and proposals for amendments were characterized by an insufficient justification of the inalienable value of dignity. A discussion was held on the basis of criminalizing hate speech against people with disabilities. It has been shown that extending protection against hate speech to people with disabilities is not questionable and should be based on ensuring that dignity is adequately protected by the rule of law in order to counterbalance limitations resulting from the feature of disability, which is essentially independent of them.
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This article presents a synthetic analysis of human dignity from the perspective of Polish guarantees of its protection and the case law of the Supreme Court of the United States of America. There is no doubt that human dignity has always aroused interest on the part of representatives of the legal science and judicature. There have been many attempts to define dignity and define the roles it plays in the legal system. A scientific polemic about its significance for political and legal thought was also often undertaken. More than once, it has been identified with a specific philosophical or political idea, often treated as an “empty phrase”. The purpose of this article is to present, on the one hand, the current legislative solutions aimed at ensuring proper protection of dignity in the Polish legal system, and, on the other hand, the way dignity is perceived in the jurisprudence of the US Supreme Court. The reason for undertaking the analysis of this extremely important issue is the monograph devoted to the idea of human dignity in the jurisprudence of the US Supreme Court, which the author presents for reflection. All considerations are crowned with a summary in which the author attempts to answer the question whether the previous jurisprudence assigns the proper function and role to human dignity.
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Ambiguous interpretation of the concept of gender equality has caused problems in understanding and legal support of the concept of gender. This and the global democratic process contribute to the relevance of the issue and generate the need for its thorough study. The article aims to define the essence of the concept “gender,” analyze the legal support of gender policy, and develop proposals for its improvement in Ukraine. In the study, we applied theoretical (analysis, synthesis, generalization, systematization) and empirical (observation) methods. The article also uses methods of statistical and comparative analysis, extrapolation, dialectical method, etc. We analyzed the content of gender policy and its consequences and identified the features of its legal support and impact on society. To replace the concepts of gender, gender equality, and its derivatives with “equality of rights of men and women” proved expedient. Proposals for improving the legal support of gender policy in Ukraine were developed. The article has a multidisciplinary nature and will appeal to a broad readership from lawyers to psychologists to raise awareness and competence in this area.
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Background: The subject of the research is the principle of proportionality, adequacy of the measure and purpose, and its importance in the area of administrative law. It is the most extensive branch of law. The provisions of this law interfere constantly with life of social communities and individuals. Administrative law is to provide a public function focused on the common good, properly balanced with other legally protected good. Its regulations are intended inter alia to counteract antinomy and conflicts of interest by using optimal legal means to accomplish purposes of law. Research purpose: The aim of the study is to present the sources, concept and the essence of the multidimensional principle of proportionality and to compare it with the role and features of administrative law. The article attempts to indicate situations and reasons confirming that the proportionality of a legal measure to achieve a set target of law acquires particular importance in administrative law provisions regulating in particular the legal status of individuals. Methods: The study uses a theoretical-legal and legal-dogmatic method. The achievements of the doctrine and judicature were also used. Conclusions: The conducted analysis confirmed the great importance of the principle of proportionality in administrative law. This is due in particular to the specificity of this law. Administrative law and the principle of proportionality are to serve individuals and protect them from arbitrary and excessive interference of public authority. The obligation to comply with the principle of proportionality is expressed directly in legal provisions or is derived from them. Compliance with this principle is one of the conditions for creating a legal regulation adequate to social needs, serving the good and equity. Respect for it also increases the authority of law and fosters trust in its provisions.
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The aim of this article is to analyse social resourcefulness in the situation of restriction of abortion law in Poland and the COVID-19 pandemic, making access to health care services more difficult. The starting point is the concept of social resourcefulness as a tactic of resistance, understood not only as coping with the inefficiency of the social system that does not satisfy the needs of individuals, but also as protest against the social order or any attempt to change this order. The analysis covers the activities of the Federation for Women and Family Planning, Abortion Dream Team, the Polish group of Women Help Women, and the Visible Hand group, while the research material comprised information published on their websites and social media profiles. The findings have revealed various forms of informational, technical, and psychological support within the abortion self-help network. Apart from increased access to abortion, this network’s activities have also led to noticeable social activation for procreative autonomy, and have contributed to a cultural change in attitudes towards abortion and reproductive rights in Poland in general.
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The article presents the modern system for protection of classified information in the Republic of Bulgaria The specifics of the current security environment are considered. The main elements characterizing the dynamic security environment are analyzed and derived. The article argues that the system for the protection of classified information is an essential element of national security. A scientific understanding of the system is presented and based on it the elements of the system for protection of classified information are derived. Next, attention is paid to the regulatory, institutional and functional construction and operation of the overall system for protection of classified information. The role of personal security as a key factor in the implementation of the preventive policy for information protection is emphasized. The main challenges to the state and functioning of the system for protection of classified information are presented. Among them are the role of the new communication environment and the role of Industriai 4.0. Based on them, relevant guidelines for sustainable development and adaptation to the dynamic conditions of the modern security environment are proposed.
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This article represented the view that the the training of employees with functions for protection of classified information is subject to all generally accepted pedagogical principles, institutional requirements and national and European legal provisions. The preventive nature of the protection of classified information is based on the training of employees, informing the public about the importance of this activity and building an effective institutional culture. Arguments in favor of this statement are presented and the main challenges in conducting the training are outlined in view of the limitations set in relation to Kovid - 19.
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Same-sex marriages, registered partnerships and de facto unions are considered same-sex relationships in comparative law. In the Hague Protocol, an important source of the Serbian conflict of law system, nothing is indicated about its application to these relationships, nor is the notion of „family relationship“ defined in sense of Article 1. This paper examines the scope of interpretation of this notion and whether it includes same-sex relationships. The main dilemma is whether the application of the Protocol may arise from autonomous interpretation of notion „family relationship“ or from the decision of each contracting state. Taking a position regarding these issues, the author examines the possibility of application of the Protocol to determine applicable law in disputes regarding maintenance of same-sex relationships, concluded abroad, and processed before domestic authorities. Special attention is paid to the analysis of a hypothetical case and the extent of the public-policy clause from Article 13.
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The empirical basis of the work “Representation of women in the magazine ‘Odbrana’ (eng. translate ‘Defense’) of the Ministry of Defense of the Serbian Army – analysis of discourse from a gender perspective” stems from the fact that in modern culture there are gender stereotypes and inherited social patterns confirmed and re-placed by the media, those in atypical professions. The aim of this paper is to check the respect of legal measures of gender equality based on the construction of female identity in the representational practice of the chosen medium. Research should offer an understanding of the ways in which media representation renews and produces norms of social life through the prism of the profession. The paper includes research of the content of the magazine “Odbrana” and comparative results that confirm the basic and individual hypotheses. We point out the principle of categorizing women as otherness in the ruling ideologies and their inherent media practices. The methods applied during the research are quantitative and qualitative analysis and critical analysis of discourse. The research corpus includes 2452 newspaper articles. The year 2010 was taken as the first in which the position of women in the army is legally protected, in 2013 in which the implementation of gender content in the magazine should be done in 2020, for an insight into the past decade of inclusive changes. The concluding remarks point to the existence of gender discrimination and propose the fight against gender stereotypes and a turn towards complete freedom of professional choice, achievement and recognition, regardless of gender. The authors of the paper do not deal with the quality of magazine content except exclusively from a gender perspective. The magazine was selected on the basis of the thematic field it deals with and the current laws to which it is subject as a medium independently and as a medium of the institution, a signatory of precisely those laws.
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