Context Of Legislation Research Articles

“Access Denied” – Interpreting the Digital Divide by Examining the Right of Prisoners to Access the Internet in the Case Law of the European Court of Human Rights

Abstract The present paper aims to investigate prisoners’ rights to use and access the Internet, focusing on the jurisprudence of the European Court of Human Rights (ECtHR). The study’s principal objective is to assess the fundamental rights aspects of Internet access, particularly within the context of relevant EU legislation, and to interpret how the digital divide impacts prisoners. The study primarily relies on a thorough review of pertinent literature and legal materials, and it incorporates case studies from Estonia, Lithuania and Türkiye to contextualize the literature findings within specific legal jurisdictions. The research findings suggest that prisoners’ Internet access should be evaluated in accordance with fundamental rights, including Article 10 of the European Convention on Human Rights. Regarding the digital divide, the study concludes that limiting prisoners’ access to the Internet could exacerbate the already existing societal gap, potentially hindering their reintegration into society. The particular focus on the above three countries stems from the fact that as per the precedent of the ECtHR, only four countries are involved in cases concerning restriction of access to the Internet (Estonia, Lithuania, Türkiye and Russia); however, Russia ceased to be a party of the European Convention on Human Rights, so analyzing the future of the issue of Internet acces there is highly limited. Our research contributes significantly to the literature on the digital divide, particularly in terms of its legal implications. The study’s comprehensive approach, which integrates both theoretical and practical aspects, is beneficial for domestic legal professionals and researchers engaged in interdisciplinary investigations of EU law and fundamental rights.

Hidrocarburos y cambio climático: análisis del enfoque propuesto por la Resolución 40066 de 2022

Introduction: This paper presents a legal analysis of Resolution 40066 of 2022 of the Ministry of Mines and Energy, since its implementation in Colombian regulations; the benefits and challenges for companies in the hydrocarbons sector; and its legal connection with hydrocarbon exploration and exploitation contracts. Objective: Study the legal framework, balances, challenges, and prospects of Resolution 40066 of 2022, as part of the global strategy to combat climate change in terms of control in the detection, repair of leaks, utilization, flaring, and venting of natural gas. Methodology: The methodology of the paper is the documentary analysis of national doctrine and current regulations. With these sources, the information collected in legal and specialized databases was classified and, as a result, the authors analyzed the Colombian constitutional, legislative, and regulatory context. Conclusions: The paper presents some considerations of the assembly process of the resolution with the hydrocarbon exploration and/or exploitation contracts.

Societal drivers for the integration of hydrogeomorphology and human benefits in river restoration projects

AbstractIntegrating hydrogeomorphological (HGM) principles into the restoration of degraded rivers can achieve sustainable results and provide various human benefits. HGM principles mainly involve understanding the context and processes that shape a fluvial system before any intervention, in order to support its dynamism and to align with its potential functioning and uses. Despite recent management approaches inspired by HGM principles, most restoration projects carried out in Quebec (Canada) are not process‐based and target specific one‐dimensional objectives. Although there is an overall lack of post‐project monitoring, several projects appear to have failed or had mixed success. This research aims to shed light on the diversity of societal drivers behind river restoration projects and to examine how they influence the integration of HGM principles and human benefits. Four restoration projects were characterized through participant observation and interviews with the organizations running them. Representatives of two ministries involved in river restoration and management were also interviewed. The results show that projects were mainly shaped by public acceptance disregarding HGM principles, which can lead to poorly‐informed action. Project funding and stakeholders' expertise have also challenged project implementation and played a key role in defining their objectives. The addition of these components improve the current analytical frameworks for identifying river restoration objectives. Depending on specific sociocultural, political and legislative contexts, funding programs and stakeholders' expertise may either facilitate or restrict the integration of HGM principles and human benefits in the projects. Recognizing these key drivers reframes river restoration as a fundamentally social activity and enlightens how they could impel innovative approaches towards more sustainable results.

Why Should the Role of the House of Representatives in Monitoring and Review Local Regulations Be Strengthened?

The enactment of Law No. 15 of 2019, which established the Post-Legislative Scrutiny (PLS) institution, marked a pivotal shift in the formation of laws and regulations (PUU) in Indonesia. This legislation ushered in a comprehensive cycle for PPU, fundamentally altering the landscape of legislative processes. Despite this progress, a prevailing assumption persists that the PLS mechanism is solely within the purview of the People's Representative Council (DPR) concerning national laws, while oversight of Regional Regulations (Perda) falls under the authority of the Regional People's Representative Council (DPRD), with limited discourse on the latter's role in academic circles. This study endeavors to elucidate the theoretical underpinnings of PLS within international parliamentary frameworks, analyze the regulatory framework of PLS Perda as delineated in Law No. 23/2014 and PP No. 12/2018, scrutinize its implementation in Provincial DPRD Rules of Procedure, and advocate for bolstering the DPRD's role in conducting PLS Perda. Findings reveal a lexicon of PLS terminology within Indonesian legislative context, alongside a bifurcation of PLS Perda oversight between the DPD and DPRD. Alarmingly, a staggering majority (93.10%) of Provincial DPRDs nationwide have yet to formalize PLS procedures in their Rules of Procedure, with only the DIY Provincial DPRD demonstrating comprehensive implementation among the 34 surveyed. The imperatives for empowering DPRD's Bapemperda include evaluating Regional Regulations' efficacy, fostering legal coherence, preempting discriminatory legislation, enhancing legislative quality through experiential learning, and resolving the institutional dualism between DPD and DPRD in PLS Perda oversight. These measures not only fortify legislative processes but also mitigate jurisdictional ambiguities, ensuring robust governance at both national and regional levels.

Children dually involved with statutory child protection and juvenile justice in Australia: A developmental cascade framework

Children who experience dual involvement by child protection and juvenile justice statutory systems have poorer life outcomes attributable to higher levels of disadvantage and more complex needs compared to single system involved children. Literature regarding dual involved children in high income, western, and democratic nations are largely based on US studies. Whilst child protection and juvenile justice systems across the United States, United Kingdom, Canada, New Zealand, and Australia have somewhat similar legislative systems, cohort outcomes and relationships between risk factors and offending trajectories for dual involved children are influenced by differing legislative, geographic, and demographic contexts. Compared to international literature, significant gaps exist regarding the Australian context. Further, within Australia, there are no evaluated specific responses and/or strategies directed towards supporting this highly vulnerable cohort towards increased long-term positive outcomes. This is the first comprehensive review of Australian studies that examines the characteristics of children who have had dual involvement with juvenile justice and child protection agencies within Australia. Using a thematic analysis twenty-five studies with dual involved samples were analysed, examining the individual, familial, environmental, and systemic factors that contribute to the likelihood of children becoming involved in both child protection and juvenile justice systems within Australia. Six thematic factors emerged that characterised the trajectories of dual involved children: cumulative and destabilising adversity; maltreatment timing and type; offending onset and context; educational disadvantage and disengagement; co-occurring challenges; and First Nations overrepresentation. Our findings are applied to Developmental Systems Theory, extending on previous literature to depict an Australian first developmental cascade framework illustrating the context specific pathways of dual involved children and opportunities for intervention in Australia. The discussion highlights and compares differences between Australian and international contexts with the intention of emphasising key areas for future research, and policy and practice reform. This is important because of the nuanced differences between dual involved characteristics across different legislative and geographic contexts, with particular relevance to the experiences of First Nations children and families. Future research, policy and practice would benefit from continued reforms that focus resources on co-ordinated system responses and cohort specific services; namely, culturally appropriate diversion strategies that promote behavioural de-escalation and educational engagement.

Rosbercon Girls' Grammar School: the adoption of innovative educational practices in early 20th century Australia

PurposeThis paper explores the context within which experimental, pedagogically progressive schools were established in Australia during the first decades of the 20th century.Design/methodology/approachThe paper presents a case study of the establishment of Rosbercon Girls’ Grammar School. It draws on educator accounts, archival documents and contemporary literature to provide a brief narrative of the events leading to the opening of the school; to sketch the family of educators who were pivotal in making it a reality; and to identify key aspects of the social and legislative context that made such an initiative possible.FindingsRosbercon was established at a time when a modest school could be established relatively easily by a small group of educators with a shared vision. The early 20th century was a moment of national optimism in Australia, where an appetite for new educational ideas created a climate in which innovative educators found fertile soil for their pedagogical experiments and adaptation of emerging ideas from around the world. Their efforts were facilitated by an emerging global network of personal interactions, professional learning, professional associations and educational literature.Originality/valueThis paper addresses the relative lack of scholarly examination of the origins of Rosbercon Girls’ Grammar School, an institution that previous authors have identified as Australia’s oldest experimental school. The case study also contributes to a broader appreciation of the trajectory of progressive education during the early 20th century.

The potential influence of Sustainable Development Goal 6.1 in the South African legislative context

Water is at the very core of sustainable development, as it is critical for a thriving people and planet. However, limited water access has for long plagued many parts of the world, South Africa included. In recent years, there have been increasingly urgent warnings of a global water crisis because humanity consistently uses more safe water than is sustainably available. From an international perspective, the most recent development dealing with water access, conservation and management is Sustainable Development Goal 6 (SDG 6), which forms part of the 2030 Agenda for Sustainable Development. SDG 6 covers the entire water cycle, including the management of water, wastewater and ecosystem resources, and places water at the centre of sustainable development. This critical goal can be achieved if it is properly pursued in national settings. Thus, this article focuses on the domestic implementation of SDG 6.1 against the backdrop of current South African legislation dealing with water access and management. The aim of the article is to analyse SDG 6.1 and determine if and how it can be incorporated into South African water legislation in order to give effect to it and grant it legal legitimacy in the domestic context.

The trial of David Ferrier, November 1881: Context, proceedings, and aftermath

ABSTRACT In November 1881, the eminent physiologist and physician David Ferrier was prosecuted under the Cruelty to Animals Act 1876. The prosecution was raised by the Victoria Street Society, formerly known as the Society for the Protection of Animals Liable to Vivisection, through its activist founder, Frances Power Cobbe. This article examines the legislative context prior to Ferrier’s trial, the personalities involved in the prosecution, and its course and outcome. The resultant impact, both personal, on Cobbe and Ferrier, and professional, on experimental neurophysiology, is discussed, in particular the foundation of the Association for the Advancement of Medicine by Research (AAMR) and the provision of legal support for medical practitioners subject to litigation.

A register-based statistical system in New Zealand: Progress and opportunities

This paper provides an overview of progress and opportunities in Stats NZ’s journey towards a register-based statistical system. It sets out to provide a status update of the components of the system at Stats NZ – Statistical Business Register (SBR), Statistical Person Register (SPR), and Statistical Location Register (SLR). The drivers for change and changes to the authorising environment are described, including the prioritisation of a register-based statistical system through Stats NZ’s strategic priorities and the updates to the legislative context through the Data and Statistics Act 2022. The current state of each of the base registers is briefly described and detail is provided on the evolution of a SPR and concept development of a property-centric location register.

Leveraging Continental Norms and Mechanisms to Enhance Barrier-Free Access for Pedestrians with Disabilities in Kenya

When it is realised meaningfully, barrier-free access enables pedestrians with disabilities to use streets without being impeded by non-existent or poorly maintained sidewalks, inaccessible overpasses or underpasses, crowded sidewalks, lack of traffic controls, lack of aids at street crossings, unsafe motorist behaviour, and poor signage and lighting. While Kenya has laws in place that are intended to facilitate barrier-free access, in reality, these laws are not implemented, resulting in the violations of rights of pedestrians in general, and pedestrians with disabilities in particular. Using the lived experiences of pedestrians with disabilities, this article reflects on the policy, legislative, and practical contexts which undermine access. It shows that despite the range of policy and legal instruments which Kenya has adopted or enacted to ensure the public in general can access streets, pedestrians with disabilities enjoy arising benefits only marginally. The article’s thesis is that continental policy and normative instruments and institutions may impel Kenya towards ensuring that pedestrians with disabilities have meaningful barrier-free access.

Article: The Implementation and Transposition of the European Directive 2019/1023 in the Italian Legislative Context

With this article, the Authors intend, preliminarily, to provide a brief temporal excursus in order to the complex path that involved, on the Italian scene, the Code of the Corporate Crisis and Insolvency, from promulgation upon actual entry into force after approximately three years. Secondly, the paper tries to provide an overall picture of the major regulatory implementations, describing, in brief, the general characteristics of the Guidelines given by the EU Directive 2019/1023 (so-called Insolvency). Furthermore, the Authors, turning their minds to the supranational legislation that has affected the matter of insolvency, try to verify the compliance of the national provisions with the provisions of the abovementioned Directive. In the conclusions, the paper attempts to provide some hints on the possible application of the rules, which have just entered into force, in the context of the Courts, with particular emphasis on the so-called “early warning tools”. Bankruptcy, EU Directive, Corporate Crisis, Insolvency Code, Early warning tools, Corporate governance, European law, Over-indebtedness, Crisis, Voluntary restructuring plans

An Analysis of the Development of the Cogeneration Sector in Spain: A Comprehensive Review of the Period 1980–2020 from a Regulatory Perspective

Combined Heat and Power (CHP) has been identified by the EU as a powerful resource capable of making substantial contributions to energy savings and reducing GHG emissions. Spain’s effort to promote CHP has been prolific since the 1980s. In this regard, there have been various Laws, Royal Decrees (RDs) and European Union (EU) Directives addressed to reach the national objectives set for the CHP sector. Despite these attempts, the evolution and growth of installed CHP capacity has been irregular, compared to other technologies. Likewise, the academic treatment of the Spanish CHP evolution has not deserved the same attention as other technologies such as wind, photovoltaic and thermal solar systems. As a result, this article is aimed at providing a comprehensive overview of the regulatory frameworks applied to the Spanish CHP sector and analysing the reasons behind the variable evolution of the installed CHP capacity. The study covers the legislative context from 1980 to 2020, describing the evolution during both the pre-liberalization and liberalization periods, highlighting the modifications in economic policies that affected self-producers and the so-called Special Regime (SR) for CHP, and examining the challenges faced during the cost containment measures that followed. The manuscript finds and explains the connection between the regulatory framework and the evolution of installed CHP capacity in Spain. Likewise, the connection between the industrial situation and the promotion of CHP, as well as the influence of the Spanish Electricity Sector (SES)’s liberalization on the CHP sector are also pointed out. The paper intends to provide valuable insights for CHP experts and policymakers by showcasing the importance of aligning regulatory measures with the objectives of energy efficiency. It also serves as a reference for countries in various stages of promoting CHP, and provides evidence for the importance of stable energy-policy control mechanisms.

Towards Sustainable Management of Beach-Cast Seagrass in Mediterranean Coastal Areas

Marine environmental conservation and tourist exploitation are often in conflict, particularly where anthropogenic pressure is greatest, such as along the coasts of the Mediterranean Sea. A case in point is the accumulation of beach-cast seagrass, a typical feature of the Mediterranean Sea that is nowadays perceived as an “obstacle” to tourist activities and thus treated and removed as waste, leading to environmental impacts. In this paper, we analyzed the legislative context at the Mediterranean basin level and the contribution of twenty virtuous research projects related to the topic. In our opinion, the main benefits for the beach–dune ecosystem would be generated by the use of seagrass banquettes directly within the beach system (temporary displacement, creating beach walkways, dune consolidation), while their uses outside the beach system (agricultural and farm solutions—compost and bedding) should be considered as alternative solutions for a circular economy, in case of consistent biomass deposits along the shores. In this perspective, we support the “Ecological Beach” model which integrates most of the science-derived solutions addressed in this study. This model provides good practices that can be usefully spread and shared along Mediterranean coasts: to achieve this result, it is necessary to create a regional or Mediterranean network involving local communities and stakeholders.

The Lex Scantinia and the Public Response to Stuprum

The lex Scantinia was one of the earliest (and arguably one of the most infamous) laws criminalizing sexual misconduct in Roman society. Modern scholars know little about the specifics of the law itself, largely because all evidence for the law, the behaviors it prohibited, and any mechanisms for enforcement/punishment must be gleaned from a few scattered references appearing in a variety of literary sources. This paper examines the literary legacy of the lex Scantinia against the legislative context in which the law may have been created. It suggests that the consensus about what constituted sexual morality and the drive to assert state authority were not necessarily synonymous with a deep commitment to and prioritization of this standard in everyday life.

Safeguarding South African Consumers’ Socio-Economic Rights During COVID-19: Competition Commission v Babelegi Workwear and Industrial Supplies

AbstractThis article explores the responses of the South African competition authorities to the impact of the COVID-19 pandemic on the socio-economic rights of consumers in relation to the price gouging of essential and medical supplies. After discussing the constitutional and legislative context of socio-economic rights and excessive pricing, it examines the first case in which the competition authorities were called upon to decide on the excessive pricing of medical supplies during COVID-19. The article finds that, while the competition authorities were swift to interpret the Competition Act widely and act against suppliers charging excessive prices, there remains a gap in South Africa's legislative framework as there is no specific legislation regulating price gouging during states of pandemic or disaster. The article identifies the need for legislative development and concludes by offering recommendations for addressing future incidents of price gouging.

ChatGPT in Occupational Medicine: A Comparative Study with Human Experts.

The objective of this study is to evaluate ChatGPT's accuracy and reliability in answering complex medical questions related to occupational health and explore the implications and limitations of AI in occupational health medicine. The study also provides recommendations for future research in this area and informs decision-makers about AI's impact on healthcare. A group of physicians was enlisted to create a dataset of questions and answers on Italian occupational medicine legislation. The physicians were divided into two teams, and each team member was assigned a different subject area. ChatGPT was used to generate answers for each question, with/without legislative context. The two teams then evaluated human and AI-generated answers blind, with each group reviewing the other group's work. Occupational physicians outperformed ChatGPT in generating accurate questions on a 5-point Likert score, while the answers provided by ChatGPT with access to legislative texts were comparable to those of professional doctors. Still, we found that users tend to prefer answers generated by humans, indicating that while ChatGPT is useful, users still value the opinions of occupational medicine professionals.

The Evolving Complexities of MAID Care in Canada From a Nursing Perspective

Medical Assistance in Dying (MAID) legislation has evolved rapidly in Canada with significant impacts on nursing practice. The purpose of this paper is to describe evolving complexities in legislative context and practice standards that influence the experiences nurse practitioners and registered nurses have with MAID. Qualitative interviews were conducted with 25 registered nurses and 10 nurse practitioners from diverse contexts across Canada. Participants described their practices and considerations when discussing MAID as part of advance care planning; their use of, and challenges with, waivers of consent; their practice considerations in negotiating the complexities of clients for whom death is not reasonably foreseeable; and their moral wrestling with the inclusion of MAID for persons whose sole underlying medical condition is mental illness. Findings illustrate the moral complexities inherent in the evolving legislation and the importance of robust health and social care systems to the legal and ethical implementation of MAID in Canada.

Криминологические риски и проблемы квалификации публичной демонстрации порнографических материалов с использованием сети интернет

During the analysis of the phenomenon of “webcams” within the context of the criminal legislation of the Russian Federation, its social danger was investigated. Judicial practice was analyzed, and the author provided comments regarding its interpretation and understanding. Directions for further research and study of “webcams” from a legal perspective are proposed. The problem of illegal distribution of pornographic materials, especially involving minors, in the context of the development of digital and information-telecommunication technologies was identified. The author notes that such websites often have short lifespans and use additional or backup sources to avoid being blocked by law enforcement agencies. These crimes are difficult to detect and prosecute due to the anonymity provided by the Internet. Methods of combating illegal distribution of pornographic content in the information sphere were identified, including responding to user complaints, reacting to signals from Roskomnadzor (Russian Federal Service for Supervision of Communications, Information Technology and Mass Media), and independent monitoring and removal of unlawful content. However, the author emphasizes that social networks are merely information intermediaries, and the content is created by users. The development of digital technologies, such as online broadcasts and webcam shows, has contributed to the expansion of the porn industry and facilitated users’ access to pornographic websites.

Unleashing the Dynamics Among Energy Consumption, Gross Domestic Product, Environmental Degradation and Urbanization: An Evidence from Belt and Road Initiative Countries

Metropolitan regions rise as polluting industries like transportation and industry consume fossil fuels. Globalization may accelerate urbanization and city density. Increased wages in many emerging economies are driving more people to cities. This research analyses the impact of gross domestic product, energy, and urbanization on CO2 emissions in Belt and Road Initiative countries with the moderating effect of foreign direct investment. We selected 104 Belt and Road Initiative countries for analysis according to their income level. Data was collected from world development indicators spanning from 1990 to 2021. After utilizing the Panel Least Square Model (Regression) to examine the impact of urbanization, foreign direct investment, energy, and gross domestic product on CO2 emissions, significant findings were found. According to the findings of the study, BRICS authorities should adopt an environmental plan that minimizes CO2 emissions without limiting economic growth. According to the current study, the government should help marketplaces by creating a robust legislative context that produces long lasting value for decreasing emissions and by consistently approving new technologies that contribute to a less carbon-intensive economy.

Concept and content of probation in criminal legislation

This article is dedicated to analyzing the concept and legal nature of probation in Ukrainian criminal legislation. The study focuses on understanding probation as a form of criminal-legal influence that combines elements of punishment and opportunities for rehabilitation for the convicted. Considering the historical context and contemporary realities of criminal legislation, the author examines the evolution of the probation institute, from the release from punishment for minor crimes in the pre-revolutionary period to conditional sentencing and suspension of the sentence in independent Ukraine. Particular attention is given to the changes that occurred following the adoption of the Criminal Code of Ukraine in 2001, which marked a significant expansion of non-custodial punishments and defined new legal frameworks for probation. The article also explores various legal interpretations and scientific approaches to defining the essence of probation, emphasizing its ambiguity and complexity. The article analyzes the concept of «probation» in the context of criminal legislation, taking into account the perspectives of prominent scholars. The author aims to investigate the essence of this term, its object, and the subject of regulation in criminal legislation. It is revealed that the institution of probation in Ukraine developed less intensively compared to Western countries, with its formation commencing with the adoption of the Criminal Code of Ukraine in 2001. The article highlights the stages of the establishment and development of the probationary system in independent Ukraine, emphasizing the transition to a new approach to penalties not associated with imprisonment.
 The study scrutinizes the institution of criminal law in Ukraine - release from punishment and its serving, particularly in the context of conditional releases. Section XII of the Criminal Code of Ukraine examines various forms of release. Special attention is given to conditional releases linked to the fulfillment of specific requirements during the probationary period. The article elucidates the procedure for applying release from punishment with probation, emphasizing the role of the court and the obligations of the convicted individual. It notes that different human rights advocates have different interpretations of the term «probation.»