Civil Rights Research Articles

Redefining Protection: Challenges and Solutions in Safeguarding Religious Minorities within International and Regional Legal Frameworks

This paper examines the challenges in defining and safeguarding religious minorities within international and regional legal frameworks. It explores the main research question of how existing legal instruments and definitions impact the protection of religious minorities and aims to propose recommendations for improving these protections. Through a literature review and critical analysis of international and regional legal frameworks, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and various regional instruments, the paper identifies significant gaps and inconsistencies in current protections. Key issues highlighted include the lack of a universally accepted definition of religious minorities, the limitations of international and regional instruments, and the varying interpretations of religious rights by bodies such as the European Court of Human Rights. The paper concludes with recommendations for clearer definitions, more robust legal provisions, and enhanced international and regional cooperation to better safeguard the rights of religious minorities. The findings emphasize the need for more effective approaches to protecting religious diversity and ensuring proper representation.

Delegitimizing protest: Psychology's omissions and commissions

AbstractPsychological research has failed to take accountability for the ways it has aligned with State interests, at the expense of solidarity with Black people protesting the criminal legal system and pursuing liberation in the U.S. Through a case study analysis of six psychological research articles, ranging from 1968 to 2022, this paper tracks evidence of psychology's alignment with the State's interests. Evidence emerges in clinical disease(s) assigned to enslaved and incarcerated Black people (drapetomania, protest psychosis) and in empirical assumptions and (il)logics binding research methods and analyses. While theoretical and methodological frameworks, language (“patients,” “rioters,” “ghetto residents,” “minority group members”) and levels of analysis (psyche, personality, social, community, identity, movement) evolve over time and across subdisciplines, racialized carceral ideologies persist across psychological research approaches. By tracing carceral footprints across this vast psychological literature, this analysis reveals how traditional empirical research weaponized pathologizing and criminalizing accounts to delegitimize Black protests of State violence from the Civil Rights Movement to the Movement for Black Lives and beyond.

ГРАЖДАНСКО-ПРАВОВЫЕ СПОСОБЫ ПРОТИВОДЕЙСТВИЯ ЛЕГАЛИЗАЦИИ (ОТМЫВАНИЮ) ДОХОДОВ, ПОЛУЧЕННЫХ ПРЕСТУПНЫМ ПУТЕМ

This article discusses issues related to civil law methods of legalization (laundering) of proceeds from crime and methods of countering them using civil law mechanisms. The article gives the concept and classification of civil law methods of combating the legalization (laundering) of proceeds from crime. The means of a preventive nature that make it difficult or exclude the achievement of the civil law effect of legalization of criminal proceeds, as well as means that neutralize the civil law consequences of laundering proceeds from crime, are considered. In addition, the article discusses the civil legal basis for the seizure of objects constituting income received from criminal activity. The author examined the issues of correlation between civil and criminal legislation in terms of determining the moment when transactions whose purpose is the legalization of criminal proceeds can be recognized as valid. The article examines the mechanism of invalidity of a transaction, as well as issues of recognizing a transaction as invalid and its place in the mechanism of countering the legalization of objects of civil rights. The article discusses the application of measures to compensate for damage in the event of a transaction being declared invalid, as well as issues related to the use of confiscation as part of penalties for invalid transactions.

Early Education is the Civil Rights and Public Health Issue of the Century.

Early Education is the Civil Rights and Public Health Issue of the Century.

Обеспечение антитеррористической защищенности как мера противодействия терроризму

This article discusses the topic of ensuring anti-terrorism security as a measure to counter terrorism. Var-ious types of security are traditionally the subject of research in political science and public law sciences. The article examines the social relations that arise in the sphere of ensuring the national security of Russia. The purpose of the work was to establish the specifics of the impact of private legal means in ensuring security. Citizens and organizations, with their own efforts and means, ensure the protection of objects of civil rights – life, health, property. This activity differs from the implementation of the functions of law enforcement agencies not only by the impossibility of using coercive (public law) measures of influence, but also by more “narrow” objects of protection. A way for non-governmental organizations and individuals to participate in ensuring national security in general and anti-terrorism protection in particular is the use of private legal means to protect the relevant objects of civil rights. However, the means provided for by law have not been properly researched and have significant shortcomings in legal regulation. The author's new view on the problems of ensuring national security can provide the basis for conducting other private law and complex studies.

INFORMATION SPHERE OF A COMMERCIAL ENTERPRISE IN THE LIGHT OF THE INFORMATION SECURITY DOCTRINE OF THE RUSSIAN FEDERATION OF 2016

The purpose of the research. The article considers the admissibility of the category of information sphere in relation to the subject of economic activity from the point of view of the information security doctrine of the Russian Federation. The substantiation of the prospect of forming the information sphere of an economic entity as a single object that unites its elements connected with a single purpose is presented. The purpose of the study is to substantiate the need and admissibility of considering the information sphere of a business entity as a construct that allows the owner of information to increase the protection of its rights. Results. The author concludes that the category of information sphere, if sufficiently elaborated, can be eventually introduced into circulation as an object that unites the elements of the information sphere that perform a single task and are technologically connected. The introduction of such an object into civil turnover is possible at the initial stage by means of clarifications of the highest judicial instance. The prospect of putting the information sphere into circulation will be made based on the results of an in-depth study of its elements, as well as the nature and features of the links between such elements, primarily within the system. Acquisition of the information sphere to the status of an object of civil rights will depend on the qualification of its elements as objects of civil rights. The speed of increasing relevance and the need to determine the legal status of the information sphere will depend on the rate of increase in the number of economic entities actively using digital technologies.

A Comparative Approach to Explaining Gender Disparities in Asian American and Asian Canadian Politics

In 2020, Asian Americans were the least descriptively represented at all levels of elected office compared to whites, Blacks, and Latinos (Sedique, Bhojwani, and Lee 2020). In this context, Asian women lagged behind Asian men in holding local-level positions, yet they surpassed Asian men in holding federal and statewide offices, and they led 81% of state- and local-level Asian civil rights organizations (AAPI Power Fund 2020; Reflective Democracy Campaign 2021). Do gender disparities in Asian American political representation arise because Asian women are less likely to run for office than Asian men, or because they are less likely to win elections? Do these disparities vary across levels of office? And are they unique to Asian Americans?

Prawo pacjenta do informacji o stanie zdrowia. Glosa do wyroku Sądu Najwyższego z dnia 24 września 2020 r. IV CSK 49/19

The patient’s right to health information is one of the basic rights of the patient and at the same time is part of the catalog of fundamental civil rights and freedoms. It is a prerequisite for protecting the autonomy of the patient as an individual. At the same time, the right to information is an essential element of the relationship between a medical professional and a patient. The Supreme Court judgment of September 24, 2020, which is the subject of this gloss, concerns a factual situation in which there was a culpable violation of the patient’s right to information. Howe-ver, the violation of the right to information about the patient’s medical condition was an insufficient premise for attributing liability to the defendant hospital for the patient’s death, due to the lack of an adequate causal link between the violation of the patient’s right and the patient’s death, resulting from the development of cancer

ҚОҒАМДЫҚ САЯСИ ИНСТИТУТТАРЫНЫҢ ТАРИХИ ҚҰҚЫҚТЫҚ ҚАЛЫПТАСУЫ

The article will focus on the process of formation and development of laws and regulations governing the life of society. This process takes place in the history of mankind, such as diverse forms of democracy (representative, direct, multiparty), republican form of government, constitutional guarantees of the rights and freedoms of citizens, independent courts, free and transparent elections and is associated with the formation of various institutions of power, mechanisms of governance of society, human and civil rights. Socio-political institutions include such elements as the state, legislative, executive and judicial authorities, political parties, social movements and the system of rights and obligations of citizens to society. The historical legal formation of socio-political institutions reflects the evolution of the socio-political system and the formation of the rule of law. We are talking about issues related to changes in the socio-economic situation, culture and values of society, as well as the struggle for the rights and freedoms of citizens. The process of historical legal formation of socio-political institutions is an essential element of the development of society and democracy, as it contributes to the strengthening of the rule of law. It should also be noted that the process of formation of socio-political institutions is not complete and continues to this day, with changes and reforms adapted to new conditions and challenges of the time.

노동인권교육의 재구조화와 수업 전략들

Labor brings big effect on human life. Therefore, if we hope people live with human dignity, the whole human rights must be applied to labor. But, in now, the whole human rights is not applied to the current labor related human rights education. For example, in the current labor related human rights education, human rights in labor is limited to article 23, 24 of universal declaration of human rights, and political rights is not applied to labor. And the current labor related human rights education focus on civil rights rather than human rights, and the content of the current labor related human rights education is a little abstract. Therefore, the current labor related human rights education need to be reconstructed in perspective of the whole human rights. The Alternative labor related human rights education have to make contributions for students to has well being (eudaimonia) based on human rights, and to examine labor history critically in perspective of the whole human rights, and to examine the structure of labor in the contemporary society critically in perspective of the whole human rights and to make labor to be human rights friendly. And The Alternative labor related human rights education must teaches laborer’s political rights as well as labor’s three primary rights. And The Alternative labor related human rights education must make much efforts for youth’s labor and labor in future to be well-being(eudaimonia) based on human rights and make much efforts for the whole human rights to be applied to labor. Labor must not be performed only for economic logic. It must be performed for all people’s well-being and human dignity.

공공기관 상임감사와 감사조직의 특성이 청렴 수준 평가에 미치는 영향

The government has been evaluating the overall integrity levels of public institutions to promote and support anti-corruption efforts at all levels, including improving vulnerable areas and spreading integrity awareness and culture. However, despite these integrity assessments, recent corruption cases in public institutions have become a social issue, and the appointment of unprofessional executive auditors continues to be controversial regardless of the administration. The primary objective of this study is to analyze the impact of the characteristics of executive auditors and audit office organizations in public institutions on the results of integrity assessments. To this end, a panel data set was constructed using the integrity evaluation results from the Anti-Corruption and Civil Rights Commission and the performance reports of executive auditors in public institutions from 2019 to 2023. An ordered probit model was employed to empirically analyze the impact of the characteristics of executive auditors and audit office organizations on the integrity evaluation results. The analysis results showed that the personal characteristics of the executive auditor, such as experience, age, and education, did not have a statistically significant impact on the integrity evaluation results. On the other hand, among the characteristics variables of the audit organization, it was found that the higher the budget ratio of the audit office to the total budget of the institution and the larger the number of staff in the audit office, the more likely the institution is to receive a higher comprehensive integrity grade. Additionally, while the professionalism of the executive auditor and the audit department did not affect integrity, high ethics and independence had a positive impact on integrity. In other words, it was estimated that the budget ratio of the audit office to the total budget of the institution, the number of staff in the audit office, and the ethics and independence of the audit department have a more important impact on integrity than the personal characteristics of the executive auditor.

The General Elections in Bosnia and Herzegovina in 2022 – the Legal and Political Aspects

The article analyzes the results of the general elections in Bosnia and Herzegovina, which took place in October 2022, as well as their consequences for the political situation in this country. Key aspects of electoral law were also discussed, with particular emphasis on provisions limiting human and civil rights on the basis of ethnicity, which is the result of the solutions adopted in the Dayton Peace Agreement in 1995.

Konstitusiyaya dəyişikliyə zərurət varmı: Azərbaycanda informasiya sahəsində hüquq və azadlıqlara dair normalarda ziddiyyətlər

The Constitution of the Republic of Azerbaijan forms the basis of the national legislative system. As in all areas of law, the guiding provisions and preliminary beginnings for the right to information are defined in the Constitution. However, the changes in the forms of realization of rights and freedoms in the field of information, arising from the demands of the modern era, make it necessary to reconsider many constitutional norms. In the article we have presented, the following articles of the Constitution of the Republic of Azerbaijan will be analyzed and suggestions and recommendations will be presented: freedom of information (Article 50 of the Constitution of the Republic of Azerbaijan); freedom of thought and speech (Article 47 of the Constitution of the Republic of Azerbaijan); guarantee of human and civil rights and freedoms (Article 71 of the Constitution of the Republic of Azerbaijan). Keywords: Constitution of the Republic of Azerbaijan, freedom of information, freedom of expression, restrictions, legitimate interests, proportionality.

Feminist Movement in Turkey in the 1990s

According to a feminism worldview, women should have economic, social, civil, political, and cultural rights. For this, women need to go a long, controversial and interesting path. On the one hand, they are aware of their place in society, in the state, and on the other hand, they are trying to change the cultural norms that cause oppression. Turkey is the only country in which the majority of the population is Muslim, and at the same time, it is a candidate for EU membership. Turkey has managed to create a progress-oriented state. This is a well-planned and calculated path with predetermined steps, paved with the reforms of the founder of the republic, Mustafa Kemal Atatürk (1881–1938). The problem of feminism is one of the most lively topics in republican Turkey. The processes taking place in the Ottoman Empire at the end of the 19th century and at the beginning of the 20th century prepared a solid ground for further development of the feminist movement. On October 29, 1923, after Turkey was declared a republic, the feminist movement took a new direction. The feminist movement in Turkey went through three periods. The first period includes the processes of the collapse of the Ottoman Empire and “Europeanization”, which led to the advancement of the women’s problems to the fore and the active struggle for the rights and place of educated Ottoman women in society. The second period was determined by the civil law on the participation of women in elections, adopted in republican Turkey in 1926. And the third one was the period of the 1990s, when the feminist movement became more widespread and active. Feminist policies have been founded and carried out, the role of women in government structures has increased; feminist organizations were created in Istanbul, Ankara and Antalya, etc. In the 1990s, the movement of Muslim feminists, Islamist women, known as “Islamic feminism”, became active in Turkey. After the creation of the republic in Turkey, religious associations came under the direct subordination and control of the state. There have been prepared various projects to solve women’s problems. Centers for the study of women’s issues have been opened at universities. For the first time, women spoke openly about sexual freedom, etc.

White by Force and the Racialized State of Exception

White identity is forged through violence. The moment that whites aspired to be white, they set themselves up for immediate, inevitable failure: they try to inhabit an identity of superiority that cannot exist, and this sets them into a perpetual identity crisis, an existential emergency that threatens who they are and who they think they want to be. The ensuing identity formation—white by force—comprises an entire set of strategies, tactics, institutions, and structures meant to prop up an inherently failure-based identity and to do so through brutality, resentment, anger, contrived fear, and murder. Such an identity impacts everyone, including white people themselves, in devastating ways. In what following article, I will put forward a theoretical model called “White by Force and the Racialized State of Exception”, conceptualizing key aspects of this model to provide an emerging vocabulary for studying, discussing, and dismantling white identity, violence, authoritarianism, racism, and the existential crises that we are all facing. Our discourse around race and racism, since the Civil Rights Era, needs new language from which to diagnose an inherently violent identity formation that ultimately benefits no one, especially not people of color or white people from lower socioeconomic strata.

Общеправовые и организационно-управленческие принципы деятельности войск национальной гвардии Российской Федерации

The article considers the order of implementation of the principles of legality, observance of human and civil rights and freedoms, one-man management and centralization of management. The authors have singled out the sequence of fixing the principles of law used in the activity of the national guard troops of the Russian Federation.

К вопросу об отнесении линейных объектов к объектам капитального строительства, недвижимого имущества, категории единого недвижимого комплекса

This article examines the classification of linear objects within the context of capital construction, real estate, and single real estate complexes. The study reviews relevant provisions of the Urban Planning Code of the Russian Federation, the Land Code of the Russian Federation, the Civil Code of the Russian Federation, as well as other federal laws and subordinate regulations. The explanations of authorized authorities, acts of judi-cial authorities, opinions of researchers of civil law science on the concept of linear objects and their inherent characteristics, belonging of linear objects to capital construction objects, real estate, the ratio of these con-cepts, belonging of linear objects to the category of a single immovable complex, things of auxiliary purpose, the specifics of linear objects in comparison are analyzed with other objects of civil rights in terms of restrictions on the interests of land rights holders, necessary for the placement, maintenance and repair of linear objects, the extension of the protected zone of linear objects with a special legal regime to a certain part of the land plots. Conflicts of law, controversial issues of judicial practice are revealed, the author’s definition of linear ob-jects is formulated, including their inherent features. The directions of the development of regulatory regulation, including in terms of the unification of terminology and proposals to consolidate the types of linear objects re-lated to real estate by the norms of special legislation, are determined.

The Reflection of African American History and Culture in African American Literature

This paper explores the intricate relationship between African American history, culture, and literature, highlighting how African American literary works serve as a profound reflection of the community's historical and cultural journey. By examining significant historical periods such as slavery, Reconstruction, the Civil Rights Movement, and contemporary issues, the paper delves into the impact of these events on African American identity and cultural expression. Additionally, it analyzes the representation of African American cultural elements like music, oral traditions, and religious practices in literature. Through a detailed examination of selected literary works, the paper reveals how African American authors articulate the complexities of their experiences, capturing themes of resilience, resistance, and identity. This study underscores the importance of literature in preserving and conveying the rich history and culture of African Americans, offering a deeper understanding of their enduring struggle for justice and equality.

Міжнародно-правові та національні гарантії реалізації права особи на захист життя і здоров’я

This article analyzes the norms of international and national legislation concerning the right of individuals to life and health protection, through the lens of their practical implementation. The study identifies the positive and negative aspects of the legislative regulation of the right to protection, examines the reasons for states’ non-compliance with certain international legal treaties, and offers several remarks on the effectiveness and feasibility of the established legal provisions. In particular, the publication emphasizes the high efficacy of the norms of the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights of the Child in light of the practice of the European Court of Human Rights and the activities of UN specialized committees. At the same time, the paper criticizes the effectiveness of the provisions of the Geneva Conventions and their additional protocols due to the lack of proper mechanisms for their implementation and identifies the main reasons for states’ violations of the aforementioned international treaties. Among the main issues of the implementation of the norms of these conventions, the author identifies the lack of political will of the states, insufficient training and awareness of military personnel, non-compliance by states with international justice mechanisms, and the lack of effective control and monitoring of compliance with the norms of the conventions. Additionally, based on the analysis of the practice of applying the legal rules on necessary defense, the article highlights the urgent need to define the time limits of the defense situation and the criteria for determining the proportionality of actions during defense at the legislative level. Furthermore, to improve and eliminate inconsistencies between the provisions of the Criminal Code of Ukraine and the Constitution of Ukraine, the author proposes specific amendments to the Basic Law.

The role of international law in promoting and enforcing the rights of persons with disabilities

ABSTRACT International human rights apply to all persons. These are not only meant to protect all humans from discrimination, and inhuman, degrading, and cruel treatment, but also enforce humans’ civil, political, social, economic, and cultural rights. This study aims to focus on the role of international law in protecting the rights of persons with disabilities and unfolding their rights. The study found that international law has some transparent and clear standards for protecting the rights of people with disabilities compared to other people. However, the challenges are related to the enforcement of these standards and the enactment of treaties, binding to all the member states without interfering with their sovereignty. The study recommends that the international legal system should first be able to make sure that the language of rights is comprehendible for all the state parties and that they are properly briefed about the required change through change in the legal regime. Because, member states are not inclined to give up their norms, culture, and beliefs. This transformation will be achieved by first creating understanding and then implementing it.