Collective Rights Research Articles

Research on the Impact of Rural Collective Property Rights System Reform on County Economy

Research on the Impact of Rural Collective Property Rights System Reform on County Economy

Collective Labour Rights and Gender in the Inter-American and European Human Rights Systems

Collective Labour Rights and Gender in the Inter-American and European Human Rights Systems

A Comparative Case Study of Religious Identities and Civic Rights in Three Multi-Religious Societies

Religious diversity is increasing in many societies around the world. As more countries become multi-religious, there are growing challenges in how religious identities are defined and civic rights of religious groups are protected. This research examined approaches adopted in three diverse multi-religious societies – India, Nigeria and Canada – to balance religious identities and civic participation. Through analysis of government policies, court rulings and interviews with religious leaders, the study identified sources of tension between religious communities and evaluated different models employed. The findings suggested that while the separation of religion and State helps protect against religious domination, it does not adequately accommodate religious practices or minority rights. Equal treatment policies are valuable but may not sufficiently recognize cultural differences. Accommodation of religious norms provides inclusiveness but risks endorsing certain beliefs over others. Additionally, collective rights need to be balanced with individual freedoms to ensure full civic participation across communities. The research contributes new insights into conceptualizing and operationalizing inclusive models that harness religious diversity’s positive role in democratic societies. Keywords: Religious Identities, Civic Rights, Civic Community, Religious Freedom, Religious Diversity, Inclusive Institutions, Religious Tolerance.

Depopulation of the Balkans: how the EU periphery is hollowing out

The research focuses on the phenomenon of rapid depopulation of the Balkans. Despite the fact that this process has been going on continuously for three decades, and has been accelerating in recent years, it is not recognised by the local political elites and the European Union as an important threat. Declaring this process as an important threat would open up the question of the causes that led to it. The study reveals that one of the underlying causes of depopulation is the policy of the key EU members, primarily Germany. The affluent members of the European Union solve their own labor shortage problems by excessive emigration of population from the Balkans, which accelerates depopulation of the entire region. The author believes that the problems which arise because of this process can lead to a permanent lag in the development of the Balkans compared to the EU. Depopulation can result in the long-term weakening of state institutions and violating the collective rights of the Balkan peoples, and turning the entire region into a “migrant waiting room” for the European Union.

Pemegang Pengalihan Atas Hak Tagih Tertulis (Cessie) Dalam Permohonan Penundaan Kewajiban Pembayaran Utang Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan dan PKPU (Analisa Putusan: No.16/Pdt.Sus–PKPU/2017/PN.Niaga/Jkt.Pst)

The transfer of receivables for written collection rights is called Cessie. The legal arrangements regarding cessie are regulated explicitly in Article 613 of the Civil Code. Generally, the granting of the right to collect is often in debt-receivable disputes. Transfer of rights from the old creditor (cedent) to the new creditor (cessionaris) over the debtor (cessus). Disputes over debts in the business world are commonly experienced by every legal subject including business entities. The problem of debts is a slick and complicated problem to find a solution to these conditions. The intensity of the need for funds in carrying out company operations can bring two things, namely profit and loss. (However, in practice, the transfer of receivables for written collection rights under the cessie scheme is often disputed by legality and validity, or the process that occurs so that the transfer of rights to collect debts that have matured becomes an obstacle in applying for a new Creditor PKPU (cessionaris ) is also hampered and difficult to be able to fulfill his right to repayment of debts of debtors. Legal protection is required to touch not only on the part of the debtor either preventing the collateral property from being insolvented but the legal protection of the creditor.This research was conducted using secondary data obtained from primary legal materials such as analyzing laws and regulations related to the title of this thesis. Secondary legal materials such as books, various magazines, literature and articles.Right to collect receivables in writing with the cessie scheme in its development in the business world often raises questions about the legal protection of creditors after transferring their collection rights to other creditors. The transfer is followed by the condition of levering and official written notice (betekkning) to the debtor that the transfer of the right to collect the right to collect. The application of cessie is then combined in a dispute over debt receivables when there is a PKPU application for the situation of insolvency of the debtor so that it neglects to pay off its debts.

Realist constructivism: a new perspective on norm theory

We contribute to the advancement of scholarship on realist constructivism by illustrating its potential to enrich norm theory and elucidate the role of states in shaping identities. The primary challenge in fully realizing the potential of realist constructivism lies in reconciling constructivists' perspectives on norms as carriers of universal ethical standards with realists' emphasis on their instrumental value for state interests. We address this contradiction by highlighting the existence of two distinct types of norms: individual and group norms. Individual norms are grounded in fundamental and inalienable human rights, exhibiting universality and resilience. In contrast, group norms primarily address collective rights and interests, rendering them more susceptible to instrumentalization by states and thus more contingent and changeable. Realist constructivism enables us to acknowledge the coexistence of both types of norms and analyze their interactions. Our framework is empirically tested using two norms concerning individual rights (the norm against anti-personnel landmines and the norm against torture), two norms related to group interests (the norm promoting the green energy transition and the norm of world-class universities), and one borderline case (the norm against genocide). We show that efforts to frame norms of the second category and to graft them onto the human rights discource have yielded intriguing outcomes, legitimizing and empowering new principles of interntional governance. Conversely, the instrumentalization of norms from the first category to serve national interests can weaken them, leading to a loss of credibility on the international stage.

Woman’s Era : A Catalyst for Literary Activism and the Social Evolution of Nineteenth-Century Black Clubwomen

Abstract: By the late nineteenth century, Black women used poetry, short stories, novels, and nonfiction to confront a white, patriarchal society and protest the lynchings of Black people and voting disenfranchisement of Black women. Woman’s Era became the first periodical written by and for Black women, which preserved a piece of intellectual strategy as elite Black clubwomen’s marketplace of ideas. This article explores the contributions of Woman’s Era , which also was the first to integrate into one journal various literary forms, thereby lending credence globally to many voices regularly overlooked by the white and male-dominated Black press. Their writings were a form of literary activism helping to legitimize Black women as change agents who fought socially and politically for their communities and collective rights as enfranchised citizens. This article complements the historical canon about Black clubwomen’s social and political contributions through literary interventions in their communities, states, nation, and the world.

The Presumption of the Employment Relationship of Platform Workers as an Opportunity to Eliminate Obstacles Arising from Competition Law in the Conclusion of a Collective Agreement: The Example of Spain

Abstract Collective bargaining is the most appropriate tool to introduce detailed regulations specific to platform work. However, the status of platform workers (they are usually self-employed), combined with EU competition law, constitutes a significant restriction on their collective bargaining rights. Hence, the aim of this article is to prove the thesis that the presumption adopted in the Spanish regulation of recognising platform workers as workers in the strict sense would be a universal solution to the problem of ensuring proper labour protection for this group of workers.

‘You Can Sue for Anything’: Student Rights to Participate in School Disciplinary Procedures and Legal Socialisation

This study explored how participatory disciplinary systems in democratic (open) schools reflect distinct models of students’ collective rights to participate in decision making embedded in different patterns of legal socialisation. Drawing on semi-structured interviews with students, educators, and parents from three democratic schools in Israel, the study revealed contradictory approaches. One student participation model subscribes to a strictly legalistic approach, grounded in a criminal justice discourse and encompassing all aspects of the school's everyday life as well as after-school hours. A second model of participatory practices operates a flexible disciplinary system derived from mediative and therapeutic principles, applying procedural rules only in severe cases. The differences between the models indicate that participation does not inherently shape the contours of schools’ disciplinary systems. They challenge the dichotomous discourse in the literature on participation rights and legal socialisation, contrasting punitive vs. participative disciplinary methods and coercive vs. consensual approaches towards rules.

External Monitoring and Enforcement and the Success of Collective Property Rights Regimes

External Monitoring and Enforcement and the Success of Collective Property Rights Regimes

The right to peace: modern approaches to legal understanding

The article defines the right to peace in the context of the third generation of human rights, i.e. rights, the subject of which is society as a whole. It is determined that the right to peace is an international collective right, which is based on ensuring the prerequisites for a safe, stable, and dignified life of human societies away from the dangers and disasters of wars, as well as the consequences and dangers of armed conflicts, in the light of the basic requirements that arise from the idea of ensuring achieving security of human rights, non-violence, achieving development, environmental protection and other elements that cannot be separated from the right to peace.
 The author lists the characteristics of the right to peace as a third-generation right, namely: the international nature of the organization, collectivity, protection from the provisions of international law, and subsidiarity compared to the rights of other generations.
 The essential characteristics of the right to peace are determined, in particular the interrelationship of peace with other fundamental human rights, as well as the interdependence of all states in the aspect of ensuring the right to peace. The author proves the thesis that the right to peace is the duty of all states because the existence of a conflict between two parties determines the disturbance of peace and stability beyond the borders of the conflicting parties.
 The means of ensuring the right to peace and measures taken by the United Nations to maintain and establish peace and security, i.e. effective and collective measures to prevent and eliminate threats to peace and to achieve it by peaceful means and in accordance with the principles of justice and international law are described. The characteristics of peacekeeping operations and monitoring missions, the latter of which took place for settlement between Ukraine and the Russian Federation, are given.

The right to be, to feel and to exist: Indigenous lawyers and strategic litigation over Indigenous territories in Guatemala

ABSTRACT Indigenous communities around the globe increasingly resort to courts to seek protection for their individual and collective rights. Not only has the use of strategic litigation by Indigenous peoples to defend their human rights been underexplored but the role of Indigenous lawyers and experts is also a blind spot. Drawing on interdisciplinary, qualitative and collaborative research with Indigenous lawyers, experts and legal activists who are involved in the legal defence of the rights of Indigenous peoples in Guatemala, we foreground a complex legal ethnographic landscape regarding their intergenerational legal-political battle in a society facing transition from recent mass violence and the imposition of extractive economies. This article explores how their Indigenous lawyering is rooted in their Indigenous being and embedded in Indigenous water and land ontologies. We demonstrate how these Indigenous litigators are advancing through counter-hegemonic legal practice that goes beyond dominant Euro-Western and colonial legal positivistic assumptions about human-water-life relationships embedded in a racialised neoliberal legal structure. We argue that in contrast to human rights activist lawyers, they are occupying and exercising a differentiated role, through their positionality and their non-conventional practices, as transformative connectors of worlds before the courts or political ontological knowledge brokers, without falling into romanticism.

The Origins and Application of the “Core of Indianness” in Indigenous Labour Relations

This article examines the history of, and legal precedent set by, Four B Manufacturing v. United Garment Workers of America, a 1980 Supreme Court of Canada case involving an Indigenous-owned manufacturing firm that resisted the efforts of its Indigenous and non-Indigenous workers to form a union on the Tyendinaga Mohawk Territory, a reserve in southeastern Ontario. The employer, Four B, contested the jurisdiction of the Ontario Labour Relations Board and argued, unsuccessfully, that as an “Indian enterprise,” its own operations were a matter of federal jurisdiction. We return to the case of Four B for three interrelated reasons. First, we argue that Four B remains relevant because of the ways that the political economy of settler-colonial Canada continues to structure Indigenous enterprises, labour, and employment as ongoing sites of tension. Second, as the inaugural case dealing with the “core of Indianness” – a contested legal concept used by the courts to determine federal jurisdiction over Indigenous labour – this case both set the legal precedent and shaped the subsequent political terrain of Indigenous labour relations. Third, the issues addressed in Four B contextualize recent jurisdictional struggles over Indigenous enterprises, labour, and employment in what we term the “Indigenous public sector” – namely, health care, social services, and First Nations government administration. The article reviews the case history of Four B, setting this against the backdrop of deindustrialization in southeastern Ontario during the period, before tracing how the case influenced the juridical and political landscape of Indigenous labour relations. We close by considering the potential tensions between Indigenous self-determination and the exercise of collective bargaining rights by Indigenous workers.

The Evolution of Privacy Laws in the Digital Age: Challenges and Solutions

The proliferation of digital technology has had a significant impact on individuals' right to privacy; as a result, privacy laws have had to evolve in order to address these new challenges and provide enhanced protection for people's legal rights. the ever-evolving path of privacy legislation in the modern period, which highlights the intricacy at the intersection of data collection, technology, and individual rights. We examine the evolution of privacy regulations via the prism of history, beginning with their beginnings in traditional legal systems and ending with their application in contemporary digital domains. the challenges brought forth by the growing adoption of data-driven technologies such as social media, cutting-edge analytics software, and the Internet of Things (IoT). Data breaches, espionage, the use of automated decision making, and the worldwide nature of data flows are all factors that contribute to these challenges. There is also the conflict that results from the competing interests of individuals and organisations that collect and use their personal information. This conflict can be seen as an additional source of contention.

Defining Indigenous in Indonesia and Its Applicability to the International Legal Framework on Indigenous People’s Rights

This paper aims to analyse the concept of indigenous peoples in Indonesia and examines whether the concept is appropriate with an international legal framework. Analysing the concept is essential to legitimising indigenous rights under the international law regime. The discourse on indigenous in Indonesia emerged after the government rejected an international treaty on indigenous rights and was reluctant to adopt the UNDRIP into their national law. The government opposes this by arguing that the concept of indigenous peoples under the international legal framework is inappropriate for the Indonesian context. Consequently, indigenous peoples in Indonesia do not benefit from international norms that have recognised and protected their rights globally. This paper found that the concept of indigenous peoples in Indonesia has similarities and is appropriate to the international instrument (ILO169 and UNDRIP). Thus, ratifying the ILO treaty or adopting the UNDRIP into national law will benefit the indigenous in protecting their fundamental rights, including their collective rights to traditional lands under international norms.

An examination of public discourse about teachers’ collective bargaining rights in a portfolio school district

Employing an institutional logics framework and critical discourse analysis, this study examines the discourse of participants in a stakeholder-feedback meeting about a proposal by the Denver Public School board to extend collective bargaining rights to teachers in the district's innovation schools. The findings provide insight into the logics that control how teacher unions and collective bargaining agreements are understood by proponents of autonomous schools and portrayed to the general public through media. The analysis explores how connections to power and status allowed some stakeholder groups to influence the board to revise the policy to one more favorable toward market-oriented school reform. In this case, the dominant narrative that emerged from the stakeholder feedback cycle was one in which the collective bargaining rights of teachers were positioned as a threat to autonomous schools’ ability to provide “what's best for kids” in their classrooms.

Rights-based approaches and Indigenous peoples and local communities: Findings from a literature review

Abstract This preliminary assessment of rights-based approaches (RBAs) seeks to contribute to the ongoing discussions of RBAs for Indigenous Peoples and local communities (IPs and LCs). RBAs purposefully position the recognition of, respect for, and access to individual and collective rights as central to an initiative’s planning, design, implementation, process monitoring, and outcomes. In mainstream climate change, conservation, and development programs and policies, this means refocusing the relationship between “beneficiaries” and “implementers” to one of rights-holders and duty-bearers. RBAs hold growing discursive importance in relation to the rights of IPs and LCs in conservation and climate change spheres, including the agendas of international agencies. The growing interest in RBAs, and their inclusion in frameworks that will guide development, conservation, and climate projects over the next decade, is laudable. However, there are few reviews that seek to understand how RBAs emerged and how they have been conceptualized. Such analysis is a necessary basis from which to advance discussions on the impact of RBAs and provide lessons to support them. In this review, our primary interest is the conception, conceptualization, and implementation of RBAs in forest-based initiatives, but we reviewed the wider scholarly and gray literature on RBAs in development, conservation, and climate action initiatives.

Objectives of State Human Rights Protection Activities in the Russian Federation

The paper defines the author’s approach to the concept, types, characteristics of the goals of state human rights protection. In its most general form, human rights protection includes a system of actions carried out by State bodies and organizations, as well as civil society institutions and international organizations, aimed at restoring violated and creating appropriate conditions for implementation of human and citizen rights, freedoms and legitimate interests, as well as collective rights and public interests of groups of citizens, commercial and non-commercial organizations.Researchers propose to distinguish the following types of human rights protection objectives: general and particular; basic and non-basic; final, intermediate and immediate; objectively true and objectively false; real and unreal; timely and untimely; substantive and instrumental. Indeed, the available academic developments on this issue are of great interest, but largely they characterize the human rights objectives enshrined in legislation, rather than practice of human rights protection.The paper elucidates and describes in detail such necessary signs of a human rights protection objective as its humanism, moral validity, social conditionality and legal significance.The classification of the types of human rights objectives is defined; it is proposed to distinguish strategic (general) and tactical (private) objectives; law enforcement, law-making and «law-enlightening» ones; positive and natural law human rights objectives.The paper concludes that there is a need for comprehensive consideration of the goals of human rights protection in legislation and law enforcement practice. It is also indicated that a necessary characteristic of human rights protection is its implementation by specific legal methods that are subject to strict regulation by means of provisions of existing normative legal acts or, in any case, they do not contradict them, and in addition, should not go beyond ethical norms and principles.

Understanding Environmental Destruction as a Human Rights Violation

Abstract The environment is very important for the integrity of human personhood because humans are living beings in the world. Pope Francis refers to the world as our common home since it hosts human beings and other creatures. However, despite its importance to human life, the environment undergoes constant destruction through various human activities; and environmental degradation has implications that cut across individual human and collective rights. The right to life which allows humans to exercise other rights is under attack since life is supported by the environment as it provides life’s necessities including food, water and fresh air. Since efforts to seek concrete solutions to the environmental challenges have proven ineffective, the approach here combines the normative pursuit of moral justifications for claiming certain goods as fundamental human rights with the practical pursuit of procedural and institutional mechanisms to yield realisable solutions.

Generative AI and Author Remuneration

With the evolution of generative AI systems, machine-made productions in the literary and artistic field have reached a level of refinement that allows them to replace human creations. The increasing sophistication of AI systems will inevitably disrupt the market for human literary and artistic works. Generative AI systems provide literary and artistic output much faster and cheaper. It is therefore foreseeable that human authors will be exposed to substitution effects. They may lose income as they are replaced by machines in sectors ranging from journalism and writing to music and visual arts. Considering this trend, the question arises whether it is advisable to take measures to compensate human authors for the reduction in their market share and income. Copyright law could serve as a tool to introduce an AI levy system and ensure the payment of equitable remuneration. In combination with mandatory collective rights management, the new revenue stream could be used to finance social and cultural funds that improve the working and living conditions of flesh-and-blood authors.