Basic Individual Rights Research Articles

社会工作参与邪教治理的介入路径研究

The illegal activities of cult organizations have brought enormous human, material, and economic losses to the country and people, and have caused irreparable personal harm to innocent people. The repeated occurrence of self harm or violence against others caused by cults that harm society shows that the remnants of cults have not been completely eliminated. Under the joint crackdown of multiple government departments and systematic operation, large-scale cult organizations have collapsed, but sporadic and small-scale cult activities are difficult to completely eradicate. Therefore, eliminating the breeding ground for cults and gradually cleaning up the problem of cult governance in cult organizations should be highly valued by the Party and the government, and preventing sporadic cults from resurgence through various opportunities. In terms of cult governance, the government has invested a large amount of governance resources, severely cracking down on cults and transforming cult followers, while safeguarding the basic rights of individuals involved in cults and guiding them to return to the community. From the professional perspective of social work, using the theoretical perspective of social work to analyze the problems of cults, and proposing the use of the three major professional methods of social work to participate in the governance of cults and the transformation of cult believers, promoting better solutions to cult governance issues.

Human Rights And Public Policy Implementation : Narcotics

This research discusses the relationship between Human Rights (HAM) and the implementation of public policies related to narcotics. In a global context, narcotics policies are often a source of controversy due to their impact on individual rights. This research evaluates how narcotics policies can affect basic rights such as the rights to life, liberty, health and justice. In some cases, harsh legal crackdowns on narcotics have led to human rights violations, such as arbitrary arrest and detention, as well as the use of force by security forces. On the other hand, some countries have tried alternative approaches, including decriminalization or legalization of narcotics, with the aim of reducing the negative impact on individuals. This research uses a normative approach. The conclusion from this research is that it is important to maintain a balance between efforts to prevent and handle narcotics with protecting individual human rights. Effective implementation of narcotics policies must take into account the basic rights of individuals and seek to reduce negative social impacts. This research underlines the need for a holistic and sustainable approach in dealing with narcotics issues without compromising human rights

Legal Paradox: Protection of Victims Taking the Law into Vigilantism

Widespread public ignorance about vigilante behavior has led to violent incidents in which individuals use violence as a means to vent their emotions on criminals they apprehend directly. Unfortunately, some victims have lost their lives due to these actions. This behavior can be equated with the crime of torture when viewed from the perspective of Indonesian criminal law, which does not have specific rules regarding vigilante acts. Due to anxiety and distrust of law enforcement agencies, vigilantism is becoming increasingly common. Through normative studies using both the old and newest Criminal Codes and other regulations as internal parameters, we can understand the seriousness of the government's role as a stakeholder in regulating society through the law. By combining various sociological approaches, research can thoroughly investigate the condition of society. The discussion begins with understanding the concept of vigilantism, legal protection, and legal assistance, forming a pattern of thinking about society, followed by an understanding of the rule of law that overshadows vigilante actions from both the perpetrator and victim's perspective. With the hope that basic individual rights are maintained in the Indonesian state with the Pancasila ideology, the law aims to establish public order with a general perspective to achieve the necessary justice. This requires understanding and support from all parties. In essence, future efforts must be preventive and repressive.

MULTI-LEVEL GOVERNANCE IN THE CONTEXT OF THE IMPLEMENTATION OF EUROPEAN POLICIES REGARDING THE DEVELOPMENT OF UKRAINE AT THE SUBNATIONAL LEVEL

The article examines the institutional foundations of the formation and features of the use of the concept of multi-level governance, the determination of methodical approaches to the formation and possibilities of applying an integrated approach to multi-level governance at the subnational level in the context of the implementation of European policies on the development of Ukraine. It has been found that the role of sub-national structures in European politics is becoming increasingly independent and may partially depart from the direct influence and control of national governments. At the same time, regionalization, which took place in a number of leading European countries, ultimately contributed to the decentralization of political power and the transfer of significant powers from the national to the subnational level. The most significant principles of multi-level governance are defined, which should include: transparency and openness of the process of development and adoption of political decisions; compliance with the principles of subsidiarity, inclusiveness and proportionality within this process; comprehensive protection of basic individual rights; development of partnership with the participation of institutions and persons of both public and private law; achieving management efficiency and budgetary balance at all levels of multi-level governance. The principle of partnership in the system of multi-level governance provides for the equality of different levels of power within the European Union, as well as their recognition of mutual democratic legitimacy. The specified principle also provides that the supranational, national and subnational levels of government should develop cooperation, which is carried out on a voluntary and mutually beneficial basis. It is emphasized that the institutional capacity of the governing bodies of the subnational level is the ability of these bodies to effectively, competently and stably perform their functions and powers. This concerns the legal, resource capabilities, competences of the relevant bodies and their ability to coordinate collective actions in the direction of promotion and implementation of public projects and public initiatives that are significant for society. It provides for effective partnership and coordination of relevant bodies, including with government institutions; interdepartmental partnership and coordination; increasing one's own capacity in the field of finance and in the provision of public services in accordance with the principles of subsidiarity and inclusiveness; partnerships and coordination outside the sphere of public administration; as well as audit, evaluation and citizen feedback. Attention is focused on the fact that the consolidation of efforts, that is, the joint interaction of local state authorities and local self-government bodies, is an important condition and at the same time a means of implementing democratic, decentralized management of territories and a condition for proper multi-level governance in the context of the European integration goals and objectives of Ukraine. The implementation of such cooperation will ensure the effectiveness of the mechanism of interaction between executive authorities and local self-government bodies; establish high-quality interaction of local authorities with territorial divisions of central executive authorities; to increase the professional level of employees of local state administrations; regulate the legal status of heads of local executive bodies; to ensure the provision of services to the population of appropriate quality.

헌법해석상 이주민의 지위에 관한 재구성

As the number of migrants residing in Korea gradually increases and they are active in various fields, migrants form political and socio-economic interests within the Republic of Korea, while fulfilling the role of bearing various rights and obligations provided by the state. It functions as a member of the national living community. This reality requires understanding the problem of migrants as a change in the structure and character of our society, not simply as a minority culture for mainstream society, and requires a fundamental discussion on this. The legal status of migrants is the starting point of these discussions, and it has a correlation with the subject matter ofalien‘s constitutional rights. The Constitution does not directly mention whether migrants can become subjects of basic rights. Therefore, the issue of whether migrants can enjoy the basic rights of our Constitution in a position similar to that of Korean citizens and if they can, whether the object of such enjoyment will be all the basic rights enjoyed by Korean citizens is a matter of constitutional interpretation. Nevertheless, the Constitutional Court recognized the subjectivity of basic rights only in terms of ‘human rights’ in the case of migrants who are in a ‘status similar to that of the people’ without specific grounds, but these ‘human rights’ are limited for the ‘interest of the people’. It can be, only a contradictory attitude. In the first place, if the Constitutional Court acknowledged a ‘status similar to that of the Korean people’ because it could not treat Koreans who had lost their nationality after moving abroad before the establishment of the Korean government as mere ‘aliens’, then in today’s multicultural society, members of the national living community of the Republic of Korea. It is necessary to seriously think about how to fulfill the “obligation to confirm and guarantee the basic inviolable human rights of individuals” stipulated in Article 10 of the Constitution for the numerous migrants living in a ‘status similar to that of citizens’. In addition, Article 6(2), Article 10 second sentence, and Article 6(1) of the Constitution should be actively interpreted to guarantee the legal status of migrants not only as legal rights but also as constitutional rights. In order for Korea, which is facing a low birth rate and an aging society, to develop sustainably, it is time to recognize various lifestyles and cultures of migrants, use human, economic, and cultural resources brought by migrants as new growth engines, and use diversity as a resource for innovation and creativity. The legal status of migrants should be considered in the task of a multicultural society.

A quick review of advantages and limitations of biological fertilizers in wheat cultivation

Achieving adequate, healthy and nutritious food is emphasized as one of the basic rights of individuals in society in all the world countries. In this regard, the agricultural sector is committed to approach the necessary capability in establishing food security and self-reliance on basic products. Soil is very important as a basic source and bed of production, so that food safety mainly depends on soil security and to enlighten thoughts. Due to climate changes, lack of organic matters, and soil conditions, soil fertility management and nutrition of wheat plant are important. To this aim, knowing information about the soils and providing required nutrients could help to approach desired levels of wheat production in quantity and quality. Instead of chemical fertilizers, biological fertilizers have been seen useful for approaching the purposes. However, lack of enough information besides negative sights of view by the farmers are those the most important limiting factors. Therefore, investigating various aspects of biological fertilizers is very important for reaching a point of optimum usage of biological fertilizers for sustainable agricultural systems especially for the wheat production.

Review: Government Policy against Former Followers of International Terrorist Organizations

The purpose of this study is to analyze the legal status of citizenship of ex ISIS and analyze government policies and compare the implementation of policies with other countries. The author uses library research methods , techniques and deductive approaches , to analyze cases and regulatory problems in various phenomena . Legal information is obtained from primary, secondary, and tertiary sources. In this paper, the author applies the theory of state ownership, state responsibility, and citizens. The results of the study found that citizenship status is a fundamental right for everyone . This right cannot be exercised without a state legal framework, and the state must consider the consequences of revocation of citizenship as long as citizens want to return to being good citizens and loyal to the state. The state must protect the basic rights of individuals as regulated by domestic law and international law.

Multiculturalism and Women’s Rights: Implications for Victims of Female Genital Cutting

The evolution of the discourse surrounding human rights has led to calls for multiculturalism in modern society. While human rights originate from a perceived universal need to protect the rights of the individual, their appeal has not been universal, as they are perceived to be a threat to cultural rights by some. This is because of the perceived conflict or dilemma of negotiating both as entitlements. While arguments for both human rights and cultural rights are compelling, they expose a tension or conflict of rights. Calls for multiculturalism emerged in defense of cultural diversity and other forms of rights. The central question surrounding this tension is as follows: Can human and cultural rights be reconciled without compromising basic individual rights? Attempts to answer this question have occupied scholarship for several decades, with works on cross-cultural universalism and intersectionality emerging as a bridge for the seeming unbridgeable controversy. This essay explores some of these works that relate to the question of women’s rights and the implications for the controversial practice of female genital cutting (FGC).

Internet Access as an Independent Human Right: a Palpable Consequence of the Covid-19 Pandemic?

The onslaught of the COVID-19 pandemic has established a new world order which is heavily reliant upon the internet for public access to health, education, employment, and recreation among other services. Furthermore, the growing dependence on technology has also been crucial in the battle against the pandemic. However, despite the irreplaceable utility of the technology, state practices have remained divergent in this field. While a multitude of nations have recognized internet access as a fundamental right, many nations imposed unjustified restrictions on their citizens during the pandemic and some even failed to provide affordable access to internet facilities, which has proven to be detrimental to the realisation of basic individual rights. As the world makes a transition from a pandemic, the intensifying reliance upon the internet has given rise to a need to recognise access to the internet as an independent human right. In light of the above, the present paper seeks to elucidate how access to the internet has emerged as a necessity in the backdrop of a pandemic and examine how the differing state responses in this context have been violating individual rights. The paper also delves into how internet access is being dealt with under the existing international and domestic regime. Further, the authors attempt to philosophically justify a human right to internet access and politically conceptualise the same, and argue in favour of recognition of internet access as an independent human right under international law.

Relatives\u2019 experiences with abuse and neglect in Norwegian nursing homes. A qualitative study

BackgroundElder abuse in nursing homes (NH) is a widespread and complex problem. Residents’ ability to share their experiences are impeded, due to a high degree of cognitive problems and frailty, and previous studies are thus mainly based on reports from staff. Therefore, we aimed to give voice to the residents by investigating their relatives’ experiences with elder abuse in NH.MethodsQualitative individual interviews were conducted with 16 relatives of residents with experience of abuse and/or neglect in NH. Content analysis was used to analyse the data.ResultsRelatives perceived neglect as most pervasive and staff-to-resident psychological abuse as a key problem. Physical abuse was mostly related to resident-to-resident aggression. Relatives perceived elder abuse in NH to be related to low competence among staff, low staffing, poor NH leadership, working cultures characterized by fear and loyalty to employer or co-workers, and a lack of individualized care for the residents. Furthermore, relatives themselves experienced maltreatment from NH, which caused them to suffer stress, anxiety and distrust. Relatives also expressed a need to compensate for lack of care.ConclusionsRelatives of NH residents who had experienced abuse reported that neglect of basic care and individual rights was predominant and viewed organizational explanations as most important. Relatives perceive themselves as collaborators in care and are emotionally attached to their family member. Therefore, if relatives experience resident abuse or neglect, it inflicts a feeling of being mistreated themselves, particularly if they are not listened to or their notice of abuse on the part of the resident is ignored or trivialized. Including relatives in a committed partnership with NH in care practices is not only a valuable path to reduce the risk of abuse, but it also leads to a more sustainable healthcare with high standards of quality and safety.

Does the Inflow of FDI Boost the Health of the Population in SAARC Countries Evidence from a Panel Data Analysis

Purpose:The relationship between foreign direct investment and population health has been the focus of research among researchers in recent years. One of the basic individual rights is a healthy life and decent living conditions, but the SAARC countries are lagging behind in this respect.The goal of this study is to evaluate the effect of foreign direct investment inflows on population health by integrating growth, foreign aid, and human capital into the model for selected SAARC countries.
 Design/Methodology/Approach:The fixed effect technique based on the Hausman test was implemented through the period of 1996-2018 because of the Panel nature of the data.
 Findings:Our empirical results indicate that FDI inflows have a positive and significant effect on population health. Increase in FDI inflows in the host country raises the income of the people, as better job opportunities are available to them.
 Implications/Originality/Value:This research is a crucial step in observing the complicated relationship between Foreign Direct Investment and Population Health. It is expected that this research motivates the debate and enhance the knowledge further in this line of research.Government should provide incentives to the foreign investors by providing concessions in taxes, and better facilities in terms of improved infrastructure.

أثر مقاصد الشريعة في المنظومة الفقهية للعلاقات مع غير المسلمين: دراسة استقرائية تحليلية

Jurisprudence rulings have been influenced, in whole or in part, by maqāṣid al-Sharī’ah. The research revealing its impact on the jurisprudence of jurists in the provisions of international relations opens the researcher a wide window through which he looks at the extent of the influence of international Islamic jurisprudence. This research aims at the extent to which Islamic legislative thought has benefited from maqāṣid al-Sharī’ah in international jurisprudence in general and in cases whose provisions change according to the requirements of conditions, and to what extent contemporary ijtihad has benefited from the efforts of the ancients in this field. The article was preceded by several studies. This research reviews the branches of jurisprudence related to the five major maqāṣid analytically, as it presents the intended material in which the jurists justified the international rulings, indicating the aspect of deliberate ijtihad in them. The research concluded that the Islamic state is an intellectual state closely related to divine justice, and the true ruler in it is God Almighty, and the ruler represents the nation in the application of Islamic law. The state is to preserve the five universal principles known as necessities, and the Sharia has preserved these principles in the chapter on the relationship of Muslims with others through their realization, creation and preservation. The preservation of these basic rights of individuals under Islamic rule is clear evidence of its just human social order.

Do football hooligans have human rights?

Human rights are the “last utopia” of our time that achieved contemporary prominence on the ruins of the last political utopias of twentieth century. All the international projects after World War 2 aspire to achieve a just balance between the basic individual rights and public interest. The human rights protection mechanisms introduce exceptions and qualifications to most of the human rights to allow for their restrictions proportional to the legitimate aims of the states. This article explores the human rights of the football hooligans starting with an analysis clarifying the historical, cultural and sociological aspects of the term “football hooligan”. Afterwards a detailed review of the case law of the European court of human rights is offered to reveal the status of the so called football hooligans as people whose basic rights could be restricted by the states upon wide discretion of the national authorities.

Legal Dimensions Block Internet Service

International conventions and agreements organized methods to restrict public freedoms in normal circumstances, which are more severe in the case of exceptional circumstances to preserve public order. This is what the Universal Declaration of Human Rights stated in 1948 in Article (19 / paragraph II) that everyone has the right to follow the news at the same time permitted it to be restricted according to interests of public, morals and security affairs added to it to protect the rights and freedoms of others. In the recent period, with the escalation of protests and popular revolutions, some ruling regimes, such as in Egypt, Iraq, and other countries, resorted to blocking the Internet service, blocking social networking sites, and obstructing the right to obtain information because they may be used to promote violence, hatred and conspiracy against the homeland in times of crisis, based on the primacy of power Executive in exceptional circumstances to achieve the purposes of administrative control to prevent the publication of everything that is harmful to its interests or related to its criticism of preserving the system or returning . These measures have created legal problems and resulted economic losses, restriction of the basic rights of individuals to obtain information guaranteed by the laws of the United Nations. The aim of the study is to organize this right judicially and not to leave the issue of restricting it to the executive authority in order to guarantee and protect rights and freedoms by facing the instructions and orders issued .

Autonomy, Integrity, and Values in Public Administration: A Dilemma and a Case

Abstract This article addresses a classic problem of public administration, which is the quest for institutional integrity in the presence of bureaucratic autonomy. It does so in combination with a history of ideas account of the subject with a case study of derailed autonomy at the expense of institutional integrity It does so in combination with a history of ideas account of the subject with a case study of derailed autonomy at the expense of institutional integrity with particularly serious consequences in the form of human casualties. Referring to literature on public values and moral hazard under the condition of bureaucratic discretion, the article argues that harmonizing bureaucratic autonomy and institutional integrity requires commitment to public values that prioritize the protection of basic individual rights over temptations of pragmatic decision making. It is, therefore, a plea for linking traditional lines of thoughts on public administration with a more fine-grained assessment of the ambivalence of governmental agencies as both guardians of, and a menace to, rule-of-law-based protection of civic values.

Dos conceptos de Estado en el debate constitucional español de 1931

This article enquires into the arguments held by the constituent members about the structure of the state. For that, MPs turns occurred between August and December 1931 are analysed. It is argued that the two rival views on the state within the Constituent Cortes of the Spanish Second Republic are to a great extent those alternatives held by the government and the opposition. Both portray the ideological disputes about, on the one hand, a model of Social Rule of Law, defended by the first coalition government; and, on the other hand, a proposal opposed to broadening social rights in the constitutional text, whereas in favour of strengthening basic individual rights in the consecution of the Liberal Rule of Law to reform the Constitution of 1876.Fecha de envio / Submission date: 23/02/2019Fecha de aceptacion / Acceptance date: 14/04/2019

Θρησκεία, δημοκρατία και εκπαίδευση

The aim of this article is to examine some critical aspects of contemporary enquiry regarding the place of religion in the public sphere and its implications for basic individual freedoms and human rights. It particularly focuses on the debate between Critical Theory and Communitarianism. Modern globalized societies are confronted with critical dilemmas stemming from the politics of identity, which in some cases are followed by a peculiar resurgence of religion. These aspects are reflected on political and social practices and impact on political culture and human rights. Finally, in the light of the above dilemmas, the article examines recent education policy on religious teaching in Greek public schools.

Deploying Health Campaign Strategies to Defend Against Social Engineering Threats

The threat of social engineering is one that affects not only the financial and reputational well-being of corporate entities but also the basic rights of individuals to privacy. Methods common to health campaigns used to disseminate information warning against social engineering have the potential for success. By providing potential scenarios and exact descriptions of threats, the recipients of the messages might become more aware of the dangers posed through the Internet. Case studies of effective health campaigns will be examined, as well as specific threats that could be avoided by more awareness on the part of the individual. Psychological effects of different techniques and the way that general knowledge can help to prevent social engineering attacks will also be examined.

Kritik Wacana Tafsir tentang HAM


 
 
 This article discusses the study of Human Rights discourse on all kinds of physical and psychological violence resulting from gender bias practices towards the role and position of women in a family that is legally not allowed based on the international declaration on Human Rights, because the violation ignores the basic rights of individuals. Do- mestic violence, as one of the examples of gender bias, is legally banned due to subordination, marginalization and stereotype against men or women in the context of domestic (household) contexts. Therefore, the division of gender roles refers to the rights and obligations of husbands under the normative religious doctrine and intolerant socio-cultural understanding can be categorized as violating human rights law.
 In the Islamic sense of Human Rights it is actually whether new or fo- reign, because the discourse about human rights in Islamic advance- ment is earlier compared to other concepts or teachings, thus Islam co- mes inherently bringing the teaching of human rights. Islamic teachings on human rights can be found in the main sources of Islamic teachings i.e., al-Qur’an and Hadith which are the source of normative teachings, also found in the practice of the life of Muslims.
 
 

Autonomous Weapon Systems: A New Challenging for International Humanitarian Law and International Human Right Law

This article considers the recent literature concerned with establishing an international prohibition on autonomous weapon systems. It seeks to address concerns expressed by some scholars that such a ban might be problematic for various reasons. It argues in favor of a theoretical foundation for such a ban based on human rights and humanitarian principles that are not only moral but also legal ones. In particular, an implicit requirement for human judgment can be found in the international humanitarian law governing armed conflict. Indeed, this requirement is implicit in the principles of distinction, proportionality, and military necessity that are found in international treaties, such as the 1949 Geneva Conventions, and firmly established in international customary law. Similar principles are also implicit in international human rights law, which ensures certain human rights for all people, regardless of national origins or local laws, at all times. I argue that the human rights to life and due process, and the limited conditions under which they can be overridden, imply a specific duty with respect to a broad range of automated and autonomous technologies. In particular, there is a duty upon individuals and states in peacetime, as well as combatants, military organizations, and states in armed conflict situations, not to delegate to a machine or automated process the authority or capability to initiate the use of lethal force independently of human determinations of its moral and legal legitimacy in each and every case. I argue that it would be beneficial to establish this duty as an international norm, and express this with a treaty, before the emergence of a broad range of automated and autonomous weapons systems begin to appear that are likely to pose grave threats to the basic rights of individuals.