Constitutional Protection Research Articles

Constitutional safeguard research of female equal employment right in China- Based on the perspective of empirical investigation

Employment is the foundation of people's livelihood. As a basic human right, the right to equal employment has always been a top priority for constitutional protection. Female workers are an important part of the economy and society, and their equal employment is an important catalyst for economic development. Women's right to equal employment is an important element in realizing women's personal and social values, as well as an important element of the State's efforts to build a harmonious society. Compared with the early days of the founding of the People's Republic of China, the protection of women's equal rights in employment has made great progress. However, the influence of history, culture and traditional concepts still lingers, and the burden of women's maternity has aggravated the invisible discrimination in employment, while the newly released "three-child" policy has also had a certain impact on equal employment. The phenomenon of women being discriminated against in employment is still not uncommon. Therefore, this paper explores the problems, countermeasures and future development direction of the protection of women's right to equal employment in China from the system of protection of women's right to employment in China's Constitution and other laws and judicial practice. On the one hand, China should improve the existing laws and regulations, improve judicial procedures, define the criteria for determining discrimination in employment, and formulate a special anti-discrimination law; on the other hand, we should strengthen the law enforcement mechanism, and set up a specialized labor inspection and enforcement agency to protect equal employment and a more pro-employment “Equal Employment Commission”.

Participant accounts of police violence during black lives matter protests in Chicago

ABSTRACT Black protest events in the United States have been characterised by police use of violence against protestors during periods, such as the widespread riots of the 1960s, when many white people and police see black people as posing a special danger to the status quo. It appears that the aftermath of the police killing of George Floyd, which triggered widespread Black Lives Matter protests, is another such time. However, social scientific evidence that addresses the question of whether police responded with unnecessary violence to these black-led protests remains in short supply. In this study, we conducted a content analysis of protest participants’ federal court statements about their lived experience with police violence during Chicago, IL, protests. Their accounts suggest that police, rather than protestors, initiated violence and relied on it to control protestors in ways that violated Chicago Police Department policies and constitutional protections afforded citizens. Despite efforts to reform police management of protests over the last half century, our findings suggest that the historical pattern of police use of militaristic tactics and gratuitous violence to control black protest events persists today. We consider the implications of the findings for relations between the police and black communities.

Ethical Implications of AI in Criminal Justice: Balancing Efficiency and Due Process

The integration of Artificial Intelligence (AI) into criminal justice systems presents a complex landscape of opportunities and challenges. This research article critically examines the ethical implications of AI applications in various facets of criminal justice, from predictive policing to sentencing algorithms. While AI promises enhanced efficiency and data-driven decision-making, it simultaneously raises significant concerns about fairness, transparency, and the preservation of due process rights. This study employs a multidisciplinary approach, combining legal analysis, ethical philosophy, and empirical research to evaluate the current state of AI in criminal justice and project future trajectories. We analyze case studies from multiple jurisdictions, highlighting both successful implementations and controversial failures of AI systems in law enforcement and judicial processes. Our findings reveal a tension between the pursuit of efficiency through AI and the fundamental principles of due process. We identify several key ethical challenges, including algorithmic bias, lack of transparency in decision-making processes, and the potential erosion of human judgment in critical legal determinations. The research also uncovers disparate impacts on marginalized communities, raising concerns about the exacerbation of existing inequalities within the justice system. To address these challenges, we propose a comprehensive ethical framework for the development and deployment of AI in criminal justice. This framework emphasizes the need for continuous human oversight, regular audits of AI systems, and the establishment of clear accountability mechanisms. We argue for a balanced approach that leverages the benefits of AI while safeguarding individual rights and maintaining the integrity of judicial processes. The article concludes by outlining policy recommendations and best practices for lawmakers, judiciary, and law enforcement agencies. These recommendations aim to foster responsible innovation in criminal justice AI, ensuring that technological advancements align with ethical standards and constitutional protections. Our research contributes to the ongoing dialogue on AI ethics in the legal domain and provides a roadmap for the ethical integration of AI in criminal justice systems worldwide.

“The right to die”? On voluntary retirement and related obligations of the state. A study based on the law enforcement practice of the Highest Courts of Germany and the ECHR

The article examines the problems of the “right to death” – a constitutional and legal guarantee that recognizes the right of a person to end his own life at his discretion. This issue was initially considered as a downside, a kind of negative dimension of the right to life (Part 2 of Article 2 of the Basic Law of Germany). However, the focus has changed over time; the discussion is currently being conducted in the context of the right to personal self-determination. Within the framework of this article, the analysis is carried out on the basis of the law enforcement practice of the highest courts of Germany and the European Court of Human Rights. The point of contact of the German courts can be considered the recognition of the right to voluntary retirement as an act of individual self-expression, the realization of personal choice. The legal structure of the right to personal self-determination presupposes the establishment of a close connection between the right to general freedom of action (Part 1 of Article 2 of the Basic Law of the Federal Republic of Germany) and the guarantee of human dignity in accordance with Part 1 of Article 1 of the Basic Law of the Federal Republic of Germany. At the same time, the counterargument is not considered convincing, according to which the recognition of the “right to death” entails the impossibility of further personal self-realization and therefore contradicts the “life-affirming” spirit of the Basic Law, expressed, in particular, in part 2 of Article 2, since the very realization of the desire to end life is considered as an act of self-realization, which falls under constitutional protection. This constitutional and legal concept, developed by the Constitutional Court of the Federal Republic of Germany, is shared by the rest of the highest judicial instances of Germany, which complement it, in particular, by establishing state obligations to assist persons who wish to voluntarily end their own lives. The European Court of Human Rights has not yet had the opportunity to express its position on this issue, however, trends in the development of its law enforcement practice indicate that it is likely sooner or later to join the legal line of the German courts. The author identifies the argumentative shortcomings of the fundamental prerequisites for justifying the right to voluntary retirement, demonstrating not only their internal inconsistency, but also the inadmissibility of the consequences that state support for suicidal aspirations of citizens will lead to.

Advocacy and Activism for Health Care Providers in a Post-Roe World

Although the work of health care providers in delivering care for their patients and communities has always been impacted by legislative changes, reproductive health care services, especially abortion care, has received more scrutiny, undergone disparate and excessive attempts at overregulation, and has been subject to more restrictions than most fields of medicine. The June 2022 Supreme Court decision in Dobbs v. Jackson Women's Health Organization, essentially overturning the federal constitutional protections of the legal right to access abortion afforded by the Roe v. Wade decision in 1973, has brought this issue to the forefront for many clinicians across sectors and disciplines. As trusted voices, physicians and other health care providers are uniquely positioned to discuss the implications of policies that restrict access to comprehensive reproductive health care, including abortion services, as they bear witness to the challenges this creates for them in practice and the communities they care for. This article discusses the impact of the Dobbs ruling on medical providers and their patients as well as the responsibility of health care providers to advocate for abortion access.

Generative Artificial Intelligence and Personal Information Protection ― Constitutional and Personal Information Protection Legal Review ―

Generative Artificial Intelligence and Personal Information Protection ― Constitutional and Personal Information Protection Legal Review ―

Участие детей в мирных собраниях: между «можно» и «нельзя» на примере практики ЮАР и Таиланда

Roman R. Garaev, Graduate Student of the Law Faculty of the Lomonosov Moscow State University The article examines the constitutional recognition and protection of children’s rights to participate in peaceful assemblies, using the Republic of South Africa and the Kingdom of Thailand as case studies. The author contrasts Thailand’s restrictive approach, where laws and judicial practice tend to limit children’s participation, with the Republic of South Africa’s more liberal approach that supports wider participation of children in peaceful assemblies. The focus is on the practical problems arising from these restrictions and assessing the effectiveness of laws and judicial oversight in both countries. The article also explores how societal attitudes, rooted in traditionalism and paternalism, affect the suppression of children’s public and political participation and the dispersion of peaceful protests involving them. The author concludes that common stereotypes about the naivety of adolescents and their limited capacity for independent decisionmaking can lead to skepticism about their potential for civic and social activism, resulting in disproportionate and unjustified restrictions of their rights in the context of peaceful assembly participation. Comparing these two extreme tendencies can provide valuable insights for developing approaches to children’s rights in other countries, including Russia.

The split ladder of policy problems, participation, and politicization: constitutional water change in Ecuador and Chile

There is debate about whether complex problems should be addressed technocratically or whether they should be politicized. While many tend to favour technocratic decision-making and evidence based policy, for others politicization of policy problems is fundamental for significant policy change. But politicization does not always lead to problem solving. Nor is it always necessary. This paper addresses the question: Under what circumstances should problems be politicized, and what is the effect of such politicization? It adds politicization, through windows of opportunity, to the split ladder of participation to assess policy change through two case studies: successful and unsuccessful constitutional change in Ecuador (2008) and Chile respectively (2022). It argues that where there is no agreement on either science or policy, politicization is required to address lack of consensus in values, but constitutional protection is needed to protect minorities and the vulnerable, their access and human right to water. De-politicization stymies policy change potentially harming democracy. This paper argues for a citizen engaged exploration of the complex problem of climate change and its impacts on water, but a targeted politicization coincident with, but developed well in advance of, windows of opportunity. Moreover, policy framing correlated with complex problems continues to be a key consideration. Furthermore, alliances of disparate actors, elections of new political leaders and considerations of property rights and justice issues are paramount. Significant constitutional policy change reflects social learning, but subsequent court actions by policy entrepreneurs is required to effectively implement this change. Framing constitutional change to protect rights to water and effect international agreements (including the Warsaw International Mechanism under the climate change regime) advances water justice and may increase success.

Perlindungan Konstitusional State Auxiliary Agencies Berbasis Independent Regulatory Agencies (IRAS) Guna Mewujudkan Kredibilitas Pelayanan Negara Secara Demokratis Dalam Perspektif Check And Balances

This article will discuss the concept of Independent Regulatory Agencies (IRAs) as an alternative to constitutional protection for c in Indonesia. State auxiliary agencies are state institutions that are formed and have authority based on other laws and regulations. In Indonesia, state auxiliary agencies are not regulated in a legal basis, so it is still unclear about their position in the constitution. Apart from that, there is still uncertainty regarding the independence of state auxiliary agencies which causes the authority of these state institutions to be limited. This study is a qualitative legal research. Data collection techniques using literature study. The type of data used is secondary data derived from data sources of laws and regulations, articles, and journals. The research method used is a normative juridical approach. Data analysis techniques use descriptive analysis specificatios. This research finds that state auxiliary agencies in Indonesia were formed on the basis of other laws or are said to be not state institutions that have the authority mandated by the 1945 Constitution. Unlike in the United States and Europe, state auxiliary agencies are legally guaranteed by laws and regulations and are even stated explicitly and limitively. Independence and self regulatory are two important elements in IRAs. This study recommends the concept of IRAs as an idea for improving the arrangement of state auxiliary agencies in Indonesia so as to create effective democratic state services. Some of the models that can be applied include; minimizing the authority of the DPR in selecting leaders of state auxiliary agencies, granting independent authority and affirming non-partisan provisions.

US Juvenile Justice Purpose Clauses: Themes and Evaluation Opportunities

Juvenile justice systems across the United States have a common history of rehabilitative ideals and federally required due process protections; however, each state maintains goals for its juvenile justice system specific to that state. The goals stated in the purpose clauses of the states’ juvenile justice codes offer an evaluative opportunity to determine whether the policies, programs, and practices within the juvenile justice system are congruent with the statutory goals. The qualitative thematic analysis of state purpose clauses presented in this study reveals goals beyond the traditional conceptualizations of a rehabilitative juvenile justice system and constitutional due process protections. The multiple, overlapping goals of each state’s juvenile justice system invites stakeholders to conduct evaluations to determine the alignment of each state’s goals with the structure of its juvenile justice system.

Implementasi Konstitusi Terhadap Perlindungan Hak Asasi Manusia dalam Prespektif Hukum Tata Negara

Human rights are important, indivisible and fundamental rights that exist in every human being from the moment of birth. In Indonesia, the 1945 Constitution of the Republic of Indonesia (UUD 1945) serves as the constitutional protection of human rights. The purpose of the Indonesian legal system is to defend and defend human rights. This thesis explores how the Indonesian legal system protects human rights by examining how the constitution is applied in democratic practice in everyday society. The basic human rights law contained in the constitution, the mechanism of protecting human rights in the legal system of the Unitary State of the Republic of Indonesia, difficulties in implementing human rights will be discussed in this examination. The analysis shows that the Indonesian constitution provides a strong legal basis for the defense of human rights. Especially in the right to freedom in democracy within the scope of the state seen from a societal point of view..

Constitutional Protection of Future Natural Resources under the Iraqi Constitution Of 2005

Most constitutions of the world's countries are keen to regulate the issue of protecting natural resources at the core of the constitutional document. Therefore, these constitutions are eager to provide constitutional protection for these resources, whether they exist or may exist in the future. Consequently, we discussed the constitutional protection of future natural resources under the Iraqi Constitution of 2005 in our research. This research is vital because the Iraqi Constitution stipulates the regulation of natural resources and focuses on the oil and gas resources, as they are the most prominent among these resources and are considered a significant source of revenues in the state's general budget. The study focuses on the fact that the process of sharing natural resources, especially future ones, was not clearly stated in the Constitution, as the texts it contained were marred by ambiguity and inconsistency due to ambiguous wording and the failure to legislate a law for these resources that clarifies the details of the constitutional texts. Hence, disputes arise between the federal government and the regions and governorates—not organized by region on future natural resources. The research was divided into two requirements according to a scientific plan that adopted the scientific sequence in studying the research. In the first requirement, we addressed the constitutional framework for the future natural resources in Iraq in two sections. The first is an explanation of the concept of natural resources. The second deals with the distinction between constitutional protection and criminal protection as an entry point with which we pave the way for entering into the study. The subject of the study. The second requirement deals with the federal government's authority over future natural resources, as per the provisions of the Iraqi Constitution of 2005, in two sections. The first section dealt with the constitutional organization of the relationship between the federal government and the region's governments and governorates regarding future natural resources. The second section was devoted to constitutional principles and their role in protecting future natural resources. Then, we ended with a conclusion that included the most important results and proposals drawn from the research.

Court-reported competence to proceed data across the United States.

Competence to proceed (CTP) is a constitutional protection intended to facilitate fairness and dignity of court proceedings. Researchers have estimated that between 60,000 and 94,000 defendants are evaluated for CTP each year. Yet no research has systematically identified the number of evaluations conducted each year, despite their critical role and many profound implications. We used large-scale, systematic data collection to address this knowledge gap. Given the siloed nature of the judicial and forensic mental health systems, we anticipated incomplete data and that the number of evaluations would far exceed previous estimates. In September 2019, we used public information requests to solicit CTP evaluation order data from the judiciaries of 50 U.S. states, the District of Columbia, and the Federal Bureau of Prisons. We accepted evaluation proxies, such as evaluations ordered or evaluations filed, from the 2018/2019 calendar/fiscal year. We used Uniform Crime Reporting data to estimate a nationwide evaluation-to-arrest ratio and annual evaluation volume. Twenty-five states provided data. We deemed data from 18 states acceptable while acknowledging that data likely underrepresented actual evaluation volume. By extrapolating data from these 18 states, we estimated a conservative national evaluation-to-arrest ratio of 0.015 (95% confidence interval [-0.007, 0.037]), which suggested that 15 evaluations are conducted per 1,000 arrests each year. Consequently, it seems likely that at least 140,000 evaluations are ordered each year nationwide, with several hundred people referred for evaluations each day. Annual CTP evaluation volume likely far exceeds previous estimates. Transparent data are difficult, if not impossible, to obtain. As a result, researchers, legal and forensic mental health professionals, and policymakers lack the ability to implement informed, constitutionally protected CTP practices. Key implications, research directions, and detailed data infrastructure recommendations are provided. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

LEGAL BASIS OF PR ACTIVITY: INTERNATIONAL AND NATIONAL EXPERIENCE

The legal basis of Public Relations (PR) activity is foundational to shaping communication strategies globally, encompassing both international conventions and national laws. This article delves into the intersection of legal frameworks and PR practices, aiming to elucidate how regulations ensure transparency, accountability, and ethical conduct in communication strategies.On an international scale, a diverse array of conventions and agreements provide guidelines for ethical conduct and transparency in PR. From the Universal Declaration of Human Rights to industry-specific codes of conduct, these international instruments offer a framework for guiding PR practitioners in their interactions with stakeholders.At the national level, legal frameworks vary, reflecting unique socio-political contexts and cultural norms. However, common themes emerge, including constitutional protections for freedom of expression, regulation of media and communication, and oversight by regulatory bodies.Ethical considerations and compliance with legal standards are paramount in PR practice. PR professionals must navigate complex ethical dilemmas while upholding the trust and credibility of their clients or organizations.

Comity or Confrontation: Budgeting Independence of the American Judiciary

While many American court systems have constitutional funding protections judicial salaries, the judiciary in the position of bargaining for funding for staff, services, technology, facilities, supplies, and other goods to adequately fund the constitutional mission of adjudication. Courts have looked to two principal strategies in securing funding. First, courts have tried to improve the relationship with the other branches through long-term connections and demonstrations of sound judicial governance. Courts have sought to improve their strategic planning, incorporating novel uses of data including performance measures, with the collateral hope of enhancing budget justifications. Courts have also tested political strategies for self-advocacy, including elevating judicial officers as spokespersons for the judicial branch, mobilizing stakeholders, and lobbying key officials. Second, courts have invoked the inherent powers of the judiciary as a separate and co-equal branch to compel funding that is reasonably necessary to administration of justice. Judicial leaders have typically disfavored this technique, which presents its own risks of trespassing on legislative power and impairing longer-term strategies for building bridges and understanding between the branches, except in patterns of legislative neglect or hostility towards judicial independence.

Abortion rights revision: Dobbs, COVID-19, and policy complexity

ABSTRACT In the context of transformations in abortion politics in countries like Mexico, where constitutional protections were recently extended, and in the United States, where they were eliminated, it is important to consider the processes through which abortion rights undergo significant change in what appear to be more stable policy landscapes. In this article, I examine the changing meaning and content of the right to abortion in Canada in the context of increased policy complexity generated by two major, recent, transnational events: the US Dobbs decision and the COVID-19 pandemic. This single case study with critical insights provided by activists demonstrates the ways in which complexity generates disruptive, unintended political and policy consequences in a ‘boundary spanning’ policy regime. Through interpretive analysis of interviews and grounded normative theory, I argue that the right to abortion in Canada has been revised to move beyond its foundational commitments to health care and autonomy and become more attentive to a broader range of reproductive injustices that combine to limit access to abortion and proscribe reproductive freedom.

No Place Like Home? Alienage, Popular Sovereignty and an Implied Freedom of Entry into Australia Under the Constitution

Does the Constitution protect the ability of an Australian to enter the country? This article investigates that question. Whilst the Constitution provides no express guarantee of a citizen’s right to enter Australia, a series of recent cases — particularly Love v Commonwealth 1 and Alexander v Minister for Home Affairs 2 — give occasion to consider whether a freedom of entry forms an implied part of Australia’s constitutional framework. Early scholarly attempts to establish a freedom of entry have relied upon the definition of non-alienage to ground this implication. This article commences by reviewing the effect of the High Court’s recent alienage jurisprudence on these arguments. After concluding that fatal difficulties attend this approach, I investigate an alternative foundation for an implied freedom of entry: an implication drawn from a constitutional principle of popular sovereignty. Focusing on a recent thread of High Court jurisprudence which has placed an increasing emphasis on the constitutional protection afforded to popular sovereignty, I conclude that this alternative basis provides a viable foundation upon which an implied freedom of entry could be recognised in the Constitution.

Occupational Impact on The Rights of the Children of Manual Scavengers: A Critical Analysis

Objective: The Children of Manual Scavengers suffer socio-legal exclusion based on their traditional occupation of manually remove human excreta. As it is inhuman practice enforced by the caste system they are stigmatized as socially untouchable, economically disadvantaged, and legally neglected. Moreover it leads to continuous human rights violations. The aim of this study is to examine the occupational impact on the rights of children of manual scavengers and critically analyse the legislative protection and judicial consciousness on the empowerment and protection of these children’s rights. Methods: The legal research as it aims to analyse the legislative provisions, precedents along with legal principles and programs this research is a type of normative legal research. Results and Conclusion: Despite the Constitutional protection of child rights, the children of manual scavengers suffer on the violation of their right as right to education, wellbeing, social inclusion and protection against child. The legislative protection on child rights and judicial activism on the empowerment of child rights are not positively effected in the life of the children of manual scavengers against the occupational impact. Therefore it is imperative to have special legislative measures along with executive mechanism to effectively enforce and special judicial care in protecting and promoting the rights of these children whose rights are violated due to the occupation of manual scavenging as traditional and caste forced work. Research implications: The research highlights that the traditional occupation of manually removing the human excreta as caste forced occupation impacts in the violation of child rights in the entire facet.

Legislating Against Misinformation: Lessons from Australia’s Misinformation Bill

Abstract Misinformation is decried in today’s discourse. Governments have been tempted to attempt to restrict or outlaw it. This may not be possible where there are Constitutional protections for free speech. However, many countries lack rigorous protections. Australia shows us an approach where there are limited protections. It is a cautionary tale, exacerbating ‘agency conflicts’ both at the political and regulatory level and at the corporate level. The Australian government has attempted to curtail ‘misinformation’ and ‘disinformation’ through the proposed ‘Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023’. But, in so doing, the proposed bill casts a wide net, has unintended consequences, and unnecessarily chills free speech and intellectual inquiry. Ironically, the Bill also exempts the government’s own communications from attempts to curtail misinformation. The Bill would also incentivize corporate overreach by penalizing firms for inadvertently allowing ‘misinformation’, but not penalizing them for suppressing true information. The corporate governance literature gives additional insights into the value destruction that such a Bill could cause. The Bill’s failures provide lessons for any government that seeks to legislate against misinformation.

A Federal Inmate’s Right to Stay Home

Since the start of the COVID–19 pandemic, the Federal Bureau of Prisons (“BOP”) has, for the first time in history, placed tens of thousands of inmates onto home confinement. Likely due to the unprecedented nature and rapid release of inmates to contain the virus, the BOP failed to timely update their policies and procedures surrounding the disciplinary system of inmates on home confinement. This failure to update resulted in the BOP removing inmates from home confinement and placing them back in prison for minor violations. Furthermore, when the BOP chose to remove an inmate from home confinement, it did so without any proceeding, hearing, or even an explanation. The lack of due process occurred because the BOP continued to use its Inmate Discipline Program Statement—procedures for addressing infractions in prison—as a model for remanding inmates on home confinement back to prison. Instead, the BOP should be following the two-step due process procedures the Supreme Court has outlined for those inmates on parole—a program that is nearly indistinguishable from home confinement. Inmates on home confinement are entitled to the constitutional protections of this two-step process because they have a liberty interest in remaining on home confinement. To ensure the BOP protects the due process rights of inmates on home confinement, this Comment proposes a change in the BOP’s disciplinary system. This Comment first proposes that the BOP promulgate the Morrissey procedural due process rights for inmates on home confinement into the Code of Federal Regulations. This Comment secondly proposes that the BOP revises its Inmate Discipline Program Statement to reflect the prohibited acts and available sanctions that uniquely apply to inmates on home confinement. Collectively, this new regulatory scheme will afford inmates on home confinement the constitutional protections guaranteed to them by the Fifth Amendment, and it will provide clarity to courts when determining the constitutionality of remanding inmates to prison.