Autonomy Rights Research Articles

Tanzanian Rule While Zanzibar Plays the Fool? The Invalidity of Zanzibari Unease over Tanzanian Mainland Dominance, 1964–1991

On April 26, 1964, the People’s Republic of Zanzibar merged with the Republic of Tanganyika to form the Tanzanian Union. Yet the circumstances surrounding the formation of this Union and the nature of the Union itself raise several unanswered questions. Indeed, some Zanzibaris fear that their island archipelago has been effectively “taken over” by Tanganyika through the guise of the Union government of the Tanzanian mainland. This manuscript explains how Zanzibari fears over the archipelago’s usurpation have no basis since the current and evolving nature of Zanzibar’s autonomy and legal rights have enabled the islands to become a strong player in the determination of the Tanzanian Union.

Hubungan Fungsional Desa Pakraman dengan Desa Dinas dalam Pelaksanaan Pembangunan di Desa Pererenan Menurut UU No. 6 Tahun 2014

Indonesian Constitution No. 6 of 2014 concerning Villages stipulates that a village refers to official village and traditional villages, but hereinafter referred to as village. This implies that there is a village government organizer. If this provision is applied in Bali, however, it will trigger an indication of the blurring of norms since in Bali there are two types of villages, namely Desa Pakraman (customary village) and official village, and the same is true in Desa Pererenan. The official village carries out the function of administering government administration and the Desa Pakraman (customary village) carries out the function of administering customary and religious affairs. The dualism of governance in villages in Bali, including in Pererenan Village, in the implementation of village development, can cause problems, because each village has autonomous rights in carrying out government functions. Therefore, this study highlights two things, namely how the development is planned in Desa Pererenan and the functional relationship between the Desa Pakraman and the official village in the implementation of development. The method used to examine these two issues is the normative research method, which involves qualitatively analyzed documents, both official and in the form of notes, laws and regulations and related government regulations. The research conclusions are drawn deductively. Based on the results of data analysis, it can is revealed that the development planning process (physical and non-physical) in Desa Pererenan refers to the Badung Regency development planning pattern, such as the National Plan of Development Plan (PPNSB), which adopts the philosophy of life and local wisdom of the Balinese people. Village development planning involves the Village Consultative Body (BPD) and the community in a participatory manner, is compiled in a periodic manner, and includes the Village Medium-Term Development Plan (RPJM) for a period of 6 (six) years and the Village Government Work Plan (RKP) for a period of 1 ( one year). The relationship between the desa pakraman and the official village in Pererenan Village is functional, namely consultative and coordinative, which is the working relationship between the prajuru desa pakraman (head of desa pakraman) and the official or perbekel village head. The duties and authorities of the two villages have differences but are still interrelated with one another.

Analisis Pengelolaan Badan Usaha Milik Desa (Bumdes) Aeeropa Di Desa Air Paoh Kecamatan Baturaja Timur Kabupaten Ogan Komering Ulu

Village is a government that is given the right of autonomy which makes it as s a legal entity that has the right to regulate and manage the affairs of the local community. Therefore, the existence of villages both as a government agency and a legal entity unit are very important and strategic. One of the greatest economic strengths of villages for development, establishment, and community empowerment is the funds provided by the government for the management of Village-Owned Enterprises (BUMDes). This qualitative study used descriptive design. From the research results, it was obtained that the management of BUMDes Aerropa has not run well. Management has not yet achieved the objectives of BUMDes, Aeeropa has so far only been used as a complement to village organizers. This was influenced by many factors such as the condition of resources, both human, financial, and natural resources that were less qualified, the absence of the role of the community in the formation and development of Aeeropa as BUMDes and the lack of local government support, and also the absence of cooperation with third parties. Keywords : management, village, Village-Owned Enterprises (BUMDes)

Demonstrating ‘respect for persons’ in clinical research: findings from qualitative interviews with diverse genomics research participants

The ethical principle of ‘respect for persons’ in clinical research has traditionally focused on protecting individuals’ autonomy rights, but respect for participants also includes broader, although less well understood, ethical...

Editor’s Introduction

Editor’s Introduction

Star Trek Offers Insights That Illuminate Actor Engagement in Global Nutrition Governance Comment on "Towards Preventing and Managing Conflict of Interest in Nutrition Policy? An Analysis of Submissions to a Consultation on a Draft WHO Tool"

This commentary describes insights from Star Trek’s fictional television series to understand how state and non-state actors address conflicts of interest (COIs) through global nutrition governance. I examine the findings of Ralston and colleagues for 44 state and non-state actors who responded to the World Health Organization’s (WHO’s) consultation for a COI risk-assessment tool, developed for member states to engage effectively with non-state actors to address malnutrition in all forms. Star Trek reveals that actor engagement is inevitable in a shared universe. The Prime Directive is a non-interference principle reflecting a moral commitment to reduce harm, respect autonomy and protect rights. Engagement principles are relevant to all actors who influence nutrition policies and programs, and must be held accountable when their actions undermine healthy and sustainable food systems. Certain actors use COI to justify non-engagement with commercial actors yet competing interests, biases, corruption and regulatory capture are distinct challenges to manage. Finally, Star Trek’s characters serve as allegories to understand actors’ motives and actions to promote healthy and sustainable food systems. Unlike non-state actors, states are legally required to achieve their commitments and targets in the United Nations’ (UN) Decade of Action on Nutrition (2016-2025) and Sustainable Development Goals (SDGs) 2030 Agenda.

Villain or guardian? ‘The smart toy is watching you now … .’

ABSTRACT Smart toys, because they collect and have the facility to share data, have been viewed as surveillance devices, being banned in some countries and cast as villains. But who are they spying for? Could we imagine a smart toy that is programmed to pick up concerns raised by the child about their treatment by parents or guardian and alert the authorities? Could they be used to positive effect, therefore? It will be argued that this is a complex and contested area and there are clear contradictions in law, particularly concerning the protection of a child’s right to privacy versus parental expectations. This article therefore challenges some of the narratives around this area. The article will also ask whether the smart toy offers an opportunity to recast the notion of a child’s right to privacy in a way that balances children’s autonomy rights with their protection rights. It is often the unintended use of technology that shifts its purpose from villain to guardian and back again, and the smart toy may be another example of this.

OPTIMILIZATION OF LOCALLY-GENERATED REVENUE OF ACEH TIMUR THROUGH SHARIA TOURISM DEVELOPMENT

Province of Aceh has special autonomy rights accordance with Law Number 18 of 2001 with Islamic Shariah being the material written in the form of Qanun (set of syariah regional regulations) first. One of the objectives to be achieved in the implementation of regional autonomy is to bring regional independence. To achieve regional independence, increasing Locally-Generated Revenue (PAD) is one of the fiscal instruments that cannot be avoided in developing the economy and the welfare of the people. The purpose of this study is 1) To determine the potential of PAD sourced from Regional Taxes and Regional Retribution in East Aceh Regency; 2) To analyze the strategies carried out by the East Aceh Regional Government in optimizing regional tax and retribution revenues from potential tourism areas in the future. By using a qualitative research approach, based on the results of field observations, Focus Group Discussion (FGD) and interviews with expert sources, the results are obtained that the potential of PAD sourced from Regional Tax and Retribution in East Aceh Regency is still minimal. There are no tourist areas, entertainment venues, restaurants that are in line with the category of regional taxpayers and local user fees, making the source of income for PAD unable to be the main source of income for East Aceh Regency. The next result is the strategy carried out by the East Aceh Regional Government in optimizing regional tax and levies revenue from potential tourism areas, starting with the opening of tourist areas, especially for coastal areas in the form of socialization and management of tourism area management through third parties (private) and the East Aceh Regency government. For the implementation of the taxpayer for the entertainment tax sector in the PAD can not be implemented at this time, but it is hoped that the success of the government will be the basis for future PAD resources.

Protocolo de atención a personas indígenas privadas de libertad. Una mirada desde el Principio de Igualdad y No Discriminación

In the Republic of Paraguay, indigenous peoples are victims of racial discrimination; the one that is accentuated in relation to those that are deprived of liberty in the national penitentiaries. It is for this situation that in 2018 the Ministry of Justice approved the Action Protocol for indigenous persons deprived of liberty (Protocol). The work aims to investigate the Protocol of action for indigenous peoples deprived of liberty of the Ministry of Justice of 2018, in order to analyze whether it is appropriate or not to the autonomous rights of indigenous peoples. Regarding the methodology, the focus is qualitative, non-experimental and cross-sectional design through a detailed and documentary study of the Protocol in light of the Constitution and international human rights law. Although the Protocol constitutes a sound legislative decision, it lacks in terms of regulation according to the interdependence of human rights. On the other hand, regarding legislative technique, the Protocol could be more operational than programmatic in order to become a direct source of indigenous rights.

DISASTER VICTIM IDENTIFICATION (DVI) TRAINING FOR MEDICAL STUDENT

Background: Disaster victim identification (DVI) is a process of identifying the victim who died due to the disaster. Deaths due to disasters can be classified as victims of open disasters and victims of closed disasters. In the open disasters the process of identification is more difficult. Based on regulation of law in Indonesia, the identification is intended to fulfil human rights to identity, dignity and social status, autonomy rights such as inheritance, marital status, religion, insurance or other legal and social issues. Aims: The purpose of this curriculum study is to provide an overview of the DVI training process for medical students. Curriculum Discussion: Given the importance of the identification process it is necessary to be included in the medical education curriculum. The DVI training to identify victims of mass disasters uses the DVI Interpol standard. Faculty of Medicine Universitas Syiah Kuala has conducted training and simulations of DVI for medical student since 2009 until 2019. A total of 1995 students in this period have participated in the training. The DVI training for medical students is very needed as an addition to the competence of doctors in the field of disaster management. Conclusion: By joining this training, medical students have sufficient medical skills to assist in the process of DVI.

From privacy to data protection: the road ahead for the Inter-American System of human rights

ABSTRACT The right to privacy and data protection are key elements to understand how data has become the centerpiece of many changes in human interaction, new business models and technological development in an increasingly hyperconnected world. In a so-called data driven economy, the task of asserting principles, concepts and legal bases for data processing is fundamental to devise how such rights can be indeed protected. The Inter-American System of Human Rights recognises this right. In contrast to the European system that since 2000 recognises the right to data protection as an autonomous right – differentiating it from the right to privacy – the Inter-American System is on track to improve the standards of protection of both rights. Considering all thirty-five States of the Americas, eighteen have a specific data protection regulation; seven are discussing the Bill and eleven do not have a specific data protection regulation. The purpose of this article is to present the stage of development of the inter-American System of Human Rights in relation to the protection of the right to privacy and data protection and also demonstrate the challenges that such system will have to face as it move towards the effective guarantee of such rights.

Implementasi Kebijakan Desentralisasi Menuju Masyarakat Mandiri Dan Sejahtera

Decentralization policy can actually bring this nation into two possibilities, namelychallenges and hopes. This means that if regional autonomy is well managed then it will bringsociety to progress, prosperity that is aspired together. This is caused by public participation willget a broad space. The people will be able to collect responsibility for welfare from their regionalheads. When this critical power and control gets stronger the emergence of the door to abuse ofpower can be prevented. But on the contrary if this is not managed properly it will be able tobring disaster to the community. As one component of accountability to the public, the RegionalGovernment is expected to be able to optimize spending carried out effectively and efficiently toachieve a better level of community welfare. The government carries out three main functions,namely the first function of allocation, namely the government allocates funds for economicresources in the form of goods or services. The second function is the distribution function,namely the function of the government in an effort to carry out equitable development, incomeand wealth, in order to reduce the level of inequality. The third function is the stabilizationfunction, which is the function of the government which includes defense of security, economyand monetary to maintain broad employment opportunities, price stability and economic growth.Planning will not be able to produce development in accordance with the aspirations of thecommunity if it cannot optimize community participation in the process of preparing the plan.Without utilizing community participation in a good and directed manner, the plans arrangedcannot be adjusted to the aspirations and wishes of the community. Community participation inthe preparation of the APBD must be given sufficient space so that community involvement inthe process of managing the regional budget is maximized so that it can improve the efficiencyand effectiveness of development. Decentralization policy by granting autonomous rights todistrict / city governments provides opportunities for regional governments to design andimplement policies which is indeed needed by the local community. Regional autonomy hasbrought the government closer to the community in terms of services and involvement in alldevelopment activities. The district / city government as an autonomous region has been givenwider authority to explore the potential of the region and to channel it to the interests of thecommunity to its full potential in realizing a prosperous society.

Donation of organs and tissues for transplantation: Theoretical contributions.

This bibliographic review study aimed to make theoretical considerations related to the process of organ and tissue donation for transplantation in Brazil. The information source was composed of relevant publications from the Brazilian Association of Organ Transplants, as well as articles found in Latin and American databases, in addition to the current legislation. The increase in the donation rate depends on a broad and systematic look at the technical and legal issues inherent to the donation process. To strengthen this process, it is recommended to incorporate the social approach and the ethical perspective, based on technical and legal understanding and respect for the right of autonomy of potential donors and their families. Actions that ensure ethical-legal management presuppose a commitment to the quality and safety of the donation process, which must be strictly pursued by professionals in this context.

LARANJA MECÂNICA: UMA REFLEXÃO SOBRE A AUTONOMIA DA VONTADE E O PODER SANCIONADOR DO ESTADO

O Estado nasce da necessidade dos homens de uma auto-organização institucionalizada. Contemporaneamente, as sociedades ocidentais exigem, dentre outros direitos concebidos como fundamentais, a segurança e a liberdade. O artigo se propõe, a partir da visão de um clássico do cinema produzido em 1971, a discutir os valores de liberdade individual em confronto com a segurança coletiva, sob o enfoque da ação do Estado. Como na narrativa do filme, desde que, extrema e genericamente, seja violado o valor segurança, podem surgir, na vida real, medidas estatais de controle da liberdade individual, outro direito fundamental. A proposição deve ser sempre limitada, considerando-se que a necessária ponderação exigirá confronto com direitos à vida, à autonomia, à privacidade e à liberdade. Discutir juridicamente a legitimidade da desconsagração de tais direitos com fundamento na segurança coletiva é o desafio proposto nesse trabalho, e a metodologia, para tanto, é de análise do filme e a realização de pesquisa doutrinária.

Perspectiva de los profesionales de la salud sobre cuidados al final de la vida en unidades de cuidados intensivos

ObjectiveTo understand for what care of the patient at the end of life and their relatives means to ICU health professionals. MethodsQualitative study with a Research-Action (AI) design, in two intensive care units of the city of Bogotá. Groups were formed in each unit and each group included at least six health professionals, the data collection techniques were: 4 participative assemblies and 6 clinical narratives, the data analysis was done through the preparation of the data, discovery of topics, coding and interpretation of data, relativisation and rigour of the data. Results20 ICU workers participated, the analysis of the data revealed four thematic categories: Multidisciplinary team of the ICU facing the end-of-life process, Management of critical patients and their families at the end of life in the ICU, Communication process between the patient, family and multidisciplinary team at the end of life, Ethical aspects at the end of life in the ICU ConclusionsThe professionals consider preserving quality of life during the patient's stay in the ICU a therapeutic objective. The development of evidence-based guidelines that facilitate multidisciplinary management at the end of life, customisation of care, effective communication, fulfilling the physical, emotional and spiritual needs of the person and their family and favouring the patient's right of autonomy in decision making.

The Concept of Al-Ta’ayush in Islamic Cosmopolitanism: From Medina to Istanbul and Malacca

In modern Western perspective, Islam is often associated with jihad or holy war waged against non-Muslims. In the Western view, multiculturalism and religious pluralism have neither a place in Islam nor Islamic state, therefore, making Islam look very intolerant and non-inclusive towards other faiths and cultures. This research aims to elucidate how multiculturalism under the concept of Al-Ta’ayush was practised by two Muslim governments, first as manifested in the Millet system (independent court for personal law) under the Ottoman Caliphate and secondly in the Shahbandar (harbourmasters) system under the Malacca Sultanate which later evolved into the Kapitan system. Despite their geographical distance, these systems shared many similarities. This research aims to refute the idea that Islam is intolerant by giving examples from the previous Muslim governments and tracing their systems back to the first Islamic state established by Prophet Muhammad (pbuh), which was the Islamic state of Medina. This paper demonstrates that Muslim rulers during the Ottoman and Malaccan eras were tolerant towards their non-Muslim subjects as shown for instance, in the granting of autonomous rights which enabled the latter to be ruled by their own personal law and to freely practice their own faiths. This practice is unique because first, it was supported by Islamic teachings and secondly, in the pre-modern period where religious and cultural tolerance was not common, Islam was spearheading this concept of Al-Ta’ayush. This consequently makes Islam a religion that celebrates multiculturalism and religious pluralism.

Abstract D047: Human papillomavirus school-entry vaccination mandate in Puerto Rico: Barriers and facilitators from the perspective of key informants

Abstract Introduction: School-entry vaccination mandates have been widely used as a mechanism to ensure high immunization coverage rates. In August 2018, Puerto Rico (PR) mandated a Human papillomavirus (HPV) vaccine school-entry policy for student’s ages 11 to 12 years. This new requirement in PR presents an opportunity to study the implementation process across a 5 years period (2018-2023). In this ongoing study, we conducted Key Informant (KI) interviews to document factors that facilitate or impede a successful HPV vaccine school policy implementation in PR. Methods: We conducted 29 KI semi-structured interviews with stakeholders in the Department of Health (DOH), school system, healthcare organizations, community-based organizations and coalitions in PR (in favor and against the school-entry policy) from July 2018 to June 2019. The interview guide included relevant domains based on the Consolidated Framework for Implementation Research, such as Intervention characteristics, Inner setting, Outer setting and Individual characteristics. We transcribed interviews, coded transcripts and analyzed data to identify emergent themes. Results: Potential facilitators of HPV policy implementation included: clear enforcement messages and use of personal anecdotes by nurses from health and school fields, the coverage of the vaccine by medical insurers, and the power of the Secretary of Health to include vaccines required for school-entry. Perceived barriers to the implementation process were: lack of communication between the DOH and the Department of Education, lack of knowledge about the HPV vaccine, uncertainty about the consistency of implementation in schools, lack of vaccine availability and disproportionate burden for regional school nurses. Other barrier to implementation mentioned included: school directors and teachers were detached from the implementation process, and lack of compliance from private health providers and public schools towards the immunization registry. Coalitions against this mandate focused their concerns on the right of parental autonomy. Recommendations from KI focused on: stricter policies to enforce this law in public schools, clear messages about the new mandate and HPV vaccine current coverage by health care insurers in PR. Moreover, KI expresses the need for more support from the DOH (technical and educational training to school principals and teachers, health promotion), and the need for increased education about the HPV vaccine and recommendations. Conclusions: Although school vaccination mandates are an evidence-based strategy for improving vaccination rates, several implementation barriers could affect the impact. Findings from this study can be used for improving policy procedures and implementation, and can inform states/territories considering adopting similar immunization policies. The information generated will help determine adaptations/modifications that may be needed for policy implementation in PR and other populations in the future. Citation Format: Roxana Soto-Abreu, Manuel E. Rivera-Encarnación, Vilnery Rivera-Figueroa, Glizette O. Arroyo-Morales, Diana T. Medina-Laabes, Olga L. Diaz-Miranda, Pamela C. Hull, Ana P. Ortiz-Martínez, Erick L. Suárez-Pérez, María E. Fernández, Vivian Colón-López. Human papillomavirus school-entry vaccination mandate in Puerto Rico: Barriers and facilitators from the perspective of key informants [abstract]. In: Proceedings of the Twelfth AACR Conference on the Science of Cancer Health Disparities in Racial/Ethnic Minorities and the Medically Underserved; 2019 Sep 20-23; San Francisco, CA. Philadelphia (PA): AACR; Cancer Epidemiol Biomarkers Prev 2020;29(6 Suppl_2):Abstract nr D047.

Suggestions for a comprehensive review of the introduction of the autonomous police system

지방자치가 제도적으로 정착되어 주민의 복리를 실현하기 위하여는 지역의 안전을 확보할 수 있는 자치경찰제도 도입이 필요하다. 자치경찰제도는 지역의 치안을 지방자치단체가 스스로 자주적인 의사결정을 통하여 주민을 보호하는 제도이다. 지역의 안전을 지방자치단체가 자기의 책임으로 사무를 수행할 경우 지역의 치안은 확보될 수 있다. 지방자치를 구현하기 위하여 자치경찰제도 도입에 대한 논의가 계속되었으며, 현 정부는 자치경찰제도를 도입하겠다고 하여 그 안을 제시하였다. 정부가 제시한 자치경찰제도는 제주특별자치도에 시행하고 있는 자치경찰제도를 기반으로 하여 약간의 발전된 형태라 할 수 있다. 자치경찰제도는 그 제도적 취지가 주민이 안전한 지역사회에서 생활할 수 있도록 치안 서비스를 제공하는데 그 의의가 있다. 자치경찰제도는 지역의 안전을 확보할 수 있도록 헌법상에서 주어진 지방자치의 제도적 보장 또는 고유한 권리라는 입장에서 이를 해석하여야 한다. 헌법에 의해 주어진 지방자치단체에 보장된 권리는 자치사무에 대한 전권한성과 지방자치단체 보장 등이다. 이러한 지방자치단체에게 부여된 권리에 따라 자치경찰제도도 이에 부합되게 도입되어야 한다. 헌법에 의해 주어진 지방자치단체의 권리라는 관점에서 자치경찰제도 도입이 이루어져야 한다. 또한 지방자치를 완성시키는 마지막 제도인 자치경찰제도는 지방자치의 제도적 취지에 부합되게 도입되어야 한다. 자치경찰제도가 제대로 정착되기 위해서는 경찰사무에 대한 전권한성과 주민에게 균등한 치안서비스를 제공하도록 모든 지방자치단체에 설치되어야 한다. 또한 자치경찰제도의 정치적 중립성 확보를 위해 자치경찰위원회에 대한 주민의 의사가 개입될 수 있도록 제도화 되어야 한다. 자치경찰제도가 제대로 정착되어 시행될 때 지방자치의 제도적 완성이 이루어질 수 있다. 따라서 본 연구는 자치경찰제도의 도입에 대한 정부가 도입하려는 방안에 대한 재검토를 통하여 자치경찰제도 재설정이 필요하다는 입장에서 그 제도안을 검토하였다.In order for local autonomy to be settled systematically and to realize the welfare of residents, it is necessary to introduce an autonomous police system that can secure local safety. The autonomous police system is a system where local governments protect themselves through voluntary decision making by themselves. Local security can be secured if local governments take care of local safety at their own risk Discussion of the introduction of the autonomous police system to realize local autonomy continued, but the current government proposed to introduce the autonomous police system. The government-provided autonomous police system can be said to be a slightly developed form based on the autonomous police system implemented in Jeju Special Self-Governing Province. The autonomous police system is meaningful in that its institutional purpose is to provide security services so that residents can live in a safe community. The autonomous police system should interpret this from the standpoint of the institutional guarantee or inherent rights of local autonomy given in the Constitution to ensure the safety of the region. The rights guaranteed to the local governments provided by the Constitution are the total authority on autonomous affairs and the guarantee of local governments. Depending on the rights granted to these local governments, the autonomous police system should be introduced accordingly. The introduction of the autonomous police system should be implemented in terms of the rights of local governments given by the Constitution. The autonomous police system, which is the last system to complete local autonomy, should be introduced in accordance with the institutional purpose of local autonomy. In order for the autonomous police system to be settled properly, it is necessary to provide full security services to the residents by establishing it in full authority over police affairs and in all local governments. In addition, in order to secure the political neutrality of the autonomous police system, it should be institutionalized so that residents intentions to the autonomous police committee can intervene. When the autonomous police system is properly established and implemented, institutional completion of local government can be achieved. Therefore, this study reviewed the proposed system from the standpoint that it is necessary to reset the autonomous police system through a review of the government s plans to introduce it.

A Place under the Sun: Chinese Muslim (Hui) Identity and the Constitutional Movement in Republican China

The Chinese Communist Party (CCP) granted Sinophone Muslims minzu 民族 (ethnicity/nationality) status, finally settling a debate on the nature of Chinese Muslim identity. This article argues that the CCP’s decision should be contextualized within Nationalist-era politics. Sinophone Muslim intellectuals strategically employed their historical, cultural, and political resources to negotiate with the Nationalist Party (GMD) to secure autonomous rights for all Muslims of China. The secular state, however, denied autonomy to religious groups. As such, a cohort of influential Sinophone Muslim intellectuals wrapped their demands in the minzu discourse. Negotiations with the GMD finally reached a compromise, which granted a representative quota in the National Assembly exclusively to Sinophone Muslims, recognizing their distinct status on the grounds of their “special ways of living and habits.” When the CCP confirmed Sinophone Muslims’ minzu identity, it also legalized their de facto status already recognized by the GMD.

Nature as a Legal Person: Proxy Constellations in Law

Thirty years after the Hamburg seals case, autonomous rights for nature are no longer a merely utopian idea, but a social reality— and, in view of urgent ecological questions, a necessity. By expanding the stakeholder status in politics and law, ecosystems and animals are being empowered de lege lata to enforce their rights as non-human legal persons in the courts. I will first trace current trends in the juridical personification of non-human persons. I will then explore the potential for opening the concept of legal personhood to non-human legal persons from a theoretical perspective—considering the limitations of this approach as well. Finally, I will sketch out the current framework for legal action brought by non-human persons in German, European, and international law.