Denial Of Rights Research Articles

PROVA DA CONDIÇÃO DE SEGURADO ESPECIAL PARA ACESSO À APOSENTADORIA RURAL: DESAFIOS E PERSPECTIVAS NO CONTEXTO JURÍDICO BRASILEIRO

The present study aims to analyze the challenges and perspectives related to proving the condition of special insured status for access to rural retirement in Brazil. The study investigates the obstacles faced by rural workers in producing such proof, identifying the main associated judicial demands. Specifically, it seeks to understand the requirements for the granting of rural retirement in Brazilian law, identify the main challenges for proving rural worker status in both administrative and judicial contexts, and analyze judicial decisions and official documents to observe how the courts have addressed the issue. It was found that the absence of formal records, such as workbooks or contracts, is a factor that contributes to legal uncertainty and the denial of rights to these workers. Judicial decisions have played a fundamental role by adopting a more flexible stance in accepting testimonial evidence and alternative documents, aiming to ensure that rural workers are not penalized for the lack of formal documentation. However, there are still significant gaps between legislation and the reality faced by these workers, highlighting the need for more inclusive public policies to ensure full access to social security rights.

Hostile Environments: Housing and Asylum Policies as Drivers of Energy Deprivation Among UK Refugee Communities

ABSTRACT Although refugees in the UK are highly susceptible to the triad of factors – low income, poor housing and high energy bills – that produce vulnerability to energy deprivation, literature on this issue is rare. We therefore propose a framework towards understanding the role of “non-energy” policies as drivers of energy deprivation among UK refugees, using the conceptual lenses of deservingness, welfare chauvinism and domicide to demonstrate how the condition has been deliberately produced under the UK government’s Hostile Environment approach. We argue that this approach not only damages the physical materiality of housing and the emotional space of home, but also deleteriously impacts upon refugees’ ability to access adequate energy services. Energy deprivation thus emerges as a hidden consequence of policies that normalize precarious housing, a denial of rights, and inadequate incomes, in which “home” becomes a site of exclusion that achieves the Hostile Environment’s goal – making everyday life unbearable.

Preventing Miscarriage of Justice Using Artificial Intelligence in Pakistan

A miscarriage of justice is considered a situation when an incorrect decision has been made in a trial, and a guilty person is sentenced and punished. This is a very common problem in the criminal justice system of Pakistan, which has not been rectified for a very long time. In spite of measures being taken in the quest to eliminate such occurrences, miscarriages of justice are apparent for various causes, including wrong eyewitness identification, tainted confessions and inadequate counsel. The failure of justice is a denial of rights as well as the offenders to justice compartments the system's credibility. In recent years, with the aid of stiff progress in artificial intelligence (AI), it seems probable that miscarriages of justice can be reduced by accurately and efficiently facilitating criminal justice. Hence, this research adopts a doctrinal method to analyze the factual position of the miscarriage of justice system in Pakistan. This work will be very useful in dealing with the problem of miscarriage of justice in Pakistan. Therefore, it can be claimed that by defining the causal factors of wrongful convictions and providing specific recommendations, this study may help build a more efficient and just criminal justice system in Pakistan.

Reflections on Sexuality and The Invisibility of The Dissenting Body of People with Disabilities

Introduction: Throughout history, people with disabilities have consistently been perceived by society through a lens of stigma and prejudice, linked to an ableist ideology that they cannot or are incapable of leading a full life with rights guaranteed to work, education, sexuality, or gender choice. Objective: This paper endeavors to delve into the aspects encompassing the domain of sexuality and the body of people with disabilities as beings endowed with desires, capable of being desired, and holding the right to exercise their sexuality with their inherent particularities. Method: The methodology employed was a qualitative approach, underpinned by investigation and bibliographical analysis, incorporating books, articles, dissertations, legislation, and statistical data. Theoretical Framework: The theoretical framework is grounded on scholarly studies concerning the social construction of the body, sexuality, and social policies, as well as legislation pertinent to individuals with disabilities. Results and Discussion: The findings illuminate a paradigm enshrouded in ideals of conformity, martyrdom, and pity concerning the sexuality of these individuals, accentuating the necessity for enhanced implementation of affirmative actions and public policies that acknowledge the specificities of this segment. Research Implications: Investigations into this theme can contribute to demystifying narratives and prejudices associated with the functionality of the body of the person with disabilities, fostering their empowerment and the formulation of policies on gender, sexual and reproductive health, mindful of human diversity. Originality/Value: Thus, the significance of this paper lies in reflecting upon and challenging stigmatized notions, for in the contemporary society where corpornormativity is deemed the aesthetic benchmark, predicated on the ideal of perfect bodies, the perspective on individuals with bodies deviating from this standard is relegated to mere commiseration and denial of rights, a situation that necessitates rectification, aspiring towards dignity, respect, and equality of opportunities for all individuals, across all life's facets.

H.M. Naqvi's Home Boy: A Socio-Cultural Conflict Analysis in the Context of Disruption and Multiculturalism

Through the lens of multiculturalism, this inquiry examines Home Boy by H.M. Naqvi. In particular, this study will look at how the selected literary work portrays several types of socio-cultural conflict that make it hard for the protagonists to blend in with their new communities. Concerns about intergroup tensions are at the forefront of multicultural communities' minds. According to this research, "socio-cultural conflict" describes when two or more cultures clash in areas such as politics, economics, religion, and society. The current study focuses on the book in question as an example of the socio-cultural conflict that might arise in heterogeneous society. Summing up the current human condition and the difficulties people face in a diverse city like New York is offered here. Characters in that society suffer as a result of these tensions as a result of immigration struggles, terrorist attacks, and identity issues. Cultural priorities, as shown in the book, lead to the denial of rights to many people in heterogeneous societies. Terrorist attacks and other forms of discrimination against them serve to solidify their inferiority complex. The facts on the hardships experienced by people in New York's postcolonial multicultural society are unearthed via the use of qualitative content analysis. Home Boy faces a plethora of socio-cultural conflicts and shows an interest in the real-life situations of the people living in such civilizations, according to the study. Their socioeconomic position is deteriorated by the prevailing culture, and H. M. Naqvi has communicated this misery via this work.

The cheapest meat on the market is black meat: notes on racism and obstetric violence against Black women.

This essay debates health inequalities by analyzing obstetric violence directed at Black women. We assume that institutional racism is an important interpretive key to understanding the dynamics of racial violence. We adopted the descriptive analysis of two stories published on the G1 website as a methodology to highlight the racism faced daily by Black women in health services. We found that racism (re)produces the denial of rights, non-access to health services, production of death, and non-realization of Good Living for Black families, and this is evidenced by producing and reproducing suffering, violence, and racism in its most diverse expressions. In this dynamic, implementing the National Comprehensive Health Policy for the Black population is an important mechanism for confronting racism in health.

Moral intuitions, social skills and elder abuse: exploring a social exchange hypothesis

PurposeThis study aims to operationalize and test some predictions of a social exchange theory of elder abuse. The theory proposes that the combination of low resources and high dependency/low relational power increases the older adult’s risk of abuse. The authors tested these predictions by exploring the association between morality (indicator of resources) and abuse, moderated by social skills (indicator of power).Design/methodology/approachThis was an exploratory study. The authors collected data from 62 participants between 64 and 94 years old who frequented social-recreational centres.FindingsThe authors found a positive association between the moral intuition harm/care and the report of emotionally and financially abusive behaviours and denial of rights. The moral intuition authority/respect is negatively associated with the same types of abuse. The effects of moral intuitions on the types of abuse increased in older adults with generally high social skills and low assertiveness.Originality/valueThis study provided initial results for a psychological interpretation of a social exchange theory of elder abuse and highlighted the importance of relational models where moral intuitions interact with social skills to predict elder abuse.

Intersectional identities of Nyai and their resistance to oppressiveness in Indonesian short stories

The dominant values of colonialism influenced indigenous society in defining the status of women and worsening their treatment. This influence can be seen in the concubinage system experienced by the nyai. The figure of nyai not only received systemic oppression, but was also portrayed badly through colonial-era literature. In contrast to colonial-era literature, Indonesian literature in the postcolonial era tries to represent the figure of nyai with her intersectional identity, as well as reveal their resistance to the patterns of systemic oppression experienced in the concubinage system. This research uses a descriptive-qualitative research design. This research design aims to describe the intersectional identity of nyai and their resistance to forms of oppressiveness in Indonesian short stories. The data and information found from the selected short stories will be interpreted qualitatively using Kimberle Crenshaw's intersectionality perspective. The data sources are selected porpusively, namely Indonesian short stories that represent nyai and concubinage in the Dutch East Indies, including (1) Stambul dua Pedang (2013), (2) Racun untuk Tuan (2011), and (3) Keringat dan Susu (2010), all three by Iksaka Banu, and (4) Kutukan Dapur (2003) by Eka Kurniawan. The data are in the form of story facts that include story sequences, characters, settings, themes, and other literary means from data sources that contain information related to the research problem. The data was obtained using reading and note-taking techniques. Furthermore, it was analyzed qualitatively by using Crenshaw's intersectionality perspective. The results of this study show that the intersectionality identity of the nyai in the four short stories above is a woman with charming physique and skills, colonized indigenous race, poverty and low social class, patriarchal system, and colonial system. The oppressions found are intimidation, expulsion, denial of rights as a woman, and murder. The resistance found is utilizing one's own skills, help from other parties, enjoying the role and surrendering to the situation.Keywords: Intersectional identity, resistance, oppression, subaltern, Crenshaw

Form Habermas’s Communicative Paradigm to Honneth’s Recognition Paradigm

From Huberman’s Communicative Paradigm to Honneth’s Recognition Paradigm Habermas, through the communicative action paradigm, which is relying on a linguistic structure and intersubjective principle, trying to provide a solution for oppression and suffering in the social life. He thinks dialogue ethic and linguistic communications are suitable mechanisms for solving the social oppression and injustice. The main question of this research is; Is recognition an appropriate theory for the treatment of social oppression and can it open our eyes to social oppression more clearly?, Axel Honneth, as a third generation of Frankfurt school, criticizes Habermas’s paradigm and constitute a recognition paradigm. He thinks, if individual experience recognition, through socialization process and in three spheres and three forms of (love, right and solidarity), so he makes a good self-relation and world-relations. But if in three spheres experience three forms of (hate, denial of rights and neglecting), then he experiences a deep oppression and collapse his relation with himself and world, and this collapse it is a social oppression. Therefore, the purpose of this research is to introduce confession as an appropriate theory for the treatment of social oppression and an appropriate social life and present the scope and forms of confession. Finally, the study reached several conclusions, the most important of which are: The deprivation of the individual of the right to self-realization is a profound social oppression, which can be recognized in three important spheres (such as family, state and society). Provide a more favorable environment for self-realization. Therefore, both the experience of recognition and the experience of non-recognition have an impact on one's identity and personality.

Tradition and Modernity: A Binary reading of Tess Onwueme’s the Broken Calabash

The issue of culture, tradition, and its unassailable conflict with modernity in certain parts of Africa, as obvious in several communities in Nigeria, is a challenge that affects our social development today. As it is often echoed; “it’s a man’s world”, most times women fall victim of these long-held traditions that have over time become canons we hold dear. The glib dispositions of these practices situate patriarchy at the epicenter of societal construction and places women on us, the fringes, mostly becoming unwilling casualties of unfriendly traditions. Thus, this paper examines how tradition and its attendant problems impede on the social standing and general development of the woman in society using Tess Osonye Onwueme’s play ‘The Broken Calabash”. Using the thematic content analysis approach the paper explored the potential conflict between tradition and modernity, the paper interrogates Broken Calabash as a reflection of women’s subjugation by obsolete cultural traditions, presenting alongside this, the consequences of social exclusion and the denial of rights experienced by women. The paper concludes that the dramatic experience presented by Tess Osonye Onwueme reveals the intricate relations between tradition and modernity as a potent means for the reading and understanding of texts depicting gender relations.

Discrimination Against the Internally Migrated Female Workers: A Study on Dhaka City

The specific focus of this study is on the female workers of Dhaka city who are migrated from different parts of the country. It aims to explore how internally migrated female workers are subjected to discrimination in their workplaces.In this regard, the study has analysed the perceptions of internally migrated female workers employed in different sectors. The data collection methods include survey, KII, FGD and observation. The findings of this study show that more than one-fourth (29.17%) of the female workers perceive being discriminated in their workplaces. Sexual identity is found to be the key ground of discrimination. Discriminatory work environment prevails in almost all the sectors migrated female workers are employed in. The major types of discrimination identified by this study include genderbased disparity in payment, unfavourable work environment for women due to sexual harassment, invidious selection in hiring and promotion, and denial of rights during pregnancy. Though these forms of discrimination prevail across occupations, there are discrepancies in this regard. Domestic workers report the highest extent of pregnancy-related discrimination, but they emphasized oncomparatively lower extent of gender-based payment disparity. Garment workers report a very low level of sexual harassment but a higher level of pay disparity. Payment disparity is a common concern identified across the occupations covered in this study. Social Science Review, Vol. 38(2), December 2021 Page 135-157

Предубеждение: взгляд через призму межличностной осознанности

Prejudice is one of the most acute social problems that has existed throughout the whole human history and has a negative impact on all participants both in interpersonal and intergroup interaction. Starting from avoidance and separation (e.g., the prohibition and stigmatization of mixed marriages), discrimination (restriction or denial of rights to education, employment, and other benefits regardless of a person's apparent ability or merit), to grave crimes such as acts of genocide, religious and ethnic cleansing. For an effective work with prejudice, it is important not only to understand the essence of this phenomenon and its structure, but also to put into practice modern and promising tools that can holistically influence the internal components of prejudice. Such a means could potentially be interpersonal mindfulness, a phenomenon new to domestic and foreign psychology, but actively “overgrowing” with scientific research. To consider prejudice through the prism of interpersonal mindfulness is the goal of this paper. In order to do this, the author conducted a comparative analysis of the work of domestic and foreign psychologists to study the problem of correlation and mutual influence of the concepts of “prejudice” and “interpersonal mindfulness”. The author's definitions of two phenomena were formulated, their structure was presented, and related concepts were differentiated. Based on this, a model of mutual influence of interpersonal mindfulness and prejudice was created. The model offers a qualitatively new approach to practical work with prejudice, it has distinctive advantages over some conventional methods, such as contact theory, common ingroup identity and compassion.

Racism and gender disparity in Peter Abraham's Mine Boy (1946) and Ngugi wa Thiong'o's Weep Not, Child (1964)

No writer operates in a vacuum, and there is a close relationship between literature and society. African writers had no other issues to focus on apart from the issues of racism, economic class, leadership, traditional African values, and some post-colonial issues which were predominant in their society. The work will use postcolonial, Marxist and sociological theories and methods in the analysis. There is a denial of rights and subjugation. Finally, since literature and society are interwoven, there is a reaction of protest from the writers as a means of protest literature.

Vulnerabilidades evidenciadas pela pandemia de covid-19 na perspectiva da bioética

Abstract This integrative literature review sought to identify the vulnerabilities faced by the Brazil population and which were highlighted during the COVID-19 pandemic. Bibliographic search conducted on the SciELO, LILACS and PubMed databases from February to March 2021 identified seven articles, which were organized by title, author(s), methodology, objectives, and main findings. The analysis found the following vulnerabilities: denial of rights, lack of socioeconomic power, and violence against children and the aged. These were systemized into the categories “vulnerability by lack of power” and “vulnerability by human development cycle.” Such vulnerabilities are historically marked in Brazil and have increased during the pandemic, thus highlighting the need for a bioethics-based active intervention.

Thought of Life in the Novel ‘Thotiyin Makan (Scavenger's Son)’

‘Thotti's Makan’ novel is based on the lives of people who defecate feces. Morality is based on the life of man. Accordingly, it was regarded as the foremost virtue for all living beings in the world to satisfy hunger. In general, it is instrumental literature that reflects society, and it is on the basis of this that Thotti Makan’s novel depicts the life of the scavengers living in Alappuzha town. A thorough examination of a piece of the literature reveals the background of the people at the time of its creation. Accordingly, when examining the novel of Thotti's Makan, we find that the poverty of the scavengers, the epidemic of the scavengers, the denial of education, the deaths caused by starvation, and so on; This paper aims to explore the horrors of life such as life without unity, denial of rights, religious beliefs, the self-interest of teachers, exclusion as untouchables, female slavery, alcohol addiction, etc.

Whose children? The EU and Member States’ integration policies in education

A gap exists between the EU’s professed guarantees of the rights of migrant children and Member States’ individual practices concerning integration. The EU promotes policies claiming to be based on the rights of the child, children’s best interests, and a child-friendly integration system. Both theory and the EU framework also insist that integration should be understood as a two-way process. Yet national practices and policies shift responsibility for integration from the reception community to newcomers. Pressures on immigrants, hate speech, and the closure of borders have become the main features of migration policy. The article points out inconsistencies between the EU and its Member States’ own policy frameworks regarding the integration of migrant children in education. Drawing on interviews with stakeholders, we look at the primary triggers for these inconsistencies to learn what they reveal about the EU and its Member States’ integration policies for migrant children. We argue that nationalism and the denial of rights prevent policy processes from becoming a two-way process and we demonstrate the consequences this has for child-centred approaches to integration.

Vulnerabilities of homeless women: social markers of gender and race/color

Objective: to unveil the vulnerabilities of homeless women linked to the social markers of gender and race/color. Methods: qualitative study, developed with ten homeless women through participant observation, field diary, and sociodemographic questionnaire, systematized based on content analysis. Results: it was found that gender identity and race/color act as potentiators of the situation of vulnerability of women. It is believed that structural racism and machismo feed back into the streets and perpetuate themselves in a perverse cycle of denial of women's rights, which is potentiated by the omission of the State and extensive social and economic inequality. Conclusion: gender and race/color potentiate the vulnerabilities of homeless women that intersect precarious social conditions, denial of rights, and favor illness. Contributions to practice: to present information that enables reflections and creation of care strategies for homeless women, understood in their singularities.

Case Note: Fitisemanu v. United States: U.S. Citizenship in American Sāmoa and the Insular Cases

This article considers the problematic place of individual American Sāmoans who have been denied full membership within the American political community, first due to the colonialist arcane notion of being unfit for full membership in the American community on racial and cultural grounds embodied in the Supreme Court’s Insular Cases, and second, because these same cases have been repurposed, ostensibly to protect Indigenous culture. To that end, this article reviews the United States Tenth Circuit Court of Appeals’ recent decision in Fitisemanu et al.v. United States, where a split panel reversed the U.S. District Court recognition of birthright citizenship to those born within American Sāmoa. The Appeals Court’s decision determined that American Sāmoa was not within the scope of the 14th Amendment to the U.S. Constitution through a controversial repackaging of the so-called Insular Cases, which have been criticized as being emblematic of racialist and colonialist jurisprudence that justified the denial of rights to inhabitants of American colonial territories.

‘Throwntogetherness’ in hostile environments

In this paper, we set a framework for the Special Feature on urban living together by highlighting the main forces which, we contend, have significantly reshaped urban citizenship in recent times. Nearly two decades after the formulation of Doreen Massey’s influential concept of ‘throwntogetherness’, we engage it in a conversation with differing, often contrasting, urban realities. Throwntogetherness highlights the making of urban space through fluidity, openness and diversity within a ‘power geometry’ of global neoliberalism. We analyse the concept’s engagement with recent countervailing forces, in particular neo-nationalism and the digitisation of the city. These forces have mobilised a range of ‘hostile environment’ policies towards migrant, indigenous and marginalized communities, propelling practices of bordering, denial of rights, housing displacement and exclusion. The new assemblage of forces, we further argue, intensify the dialectic tension between throwntogetherness and ‘thrownapartness’ and increasingly lead to ‘urban apartheid’ in cities across the globe. We draw on contributions to the Special Feature which engage with these tensions in Bologna, Rome, Singapore, Glasgow, Budapest, Jerusalem/Al-Quds and Dhaka. These case studies illustrate the re-making of urban citizens throwntogether and thrownapart in contemporary hostile environments.

Planejamento reprodutivo em área indígena e a busca pela atenção diferenciada: os dilemas entre desigualdade e diferença

Abstract Differentiated care is a fundamental principle for a non-colonizing care of the Indigenous populations. One of the challenges within this field is reproductive planning since it involves tensions between collective and individual wills, as well as between authority and autonomy, especially with the more continuous insertion of professionals with the Programa Mais Médicos (More Doctor Program), as occurred in the Yanomami Territory. This article aims to discuss the aspects involved in a differentiated care regarding reproductive planning by comparing the work of health professionals in Indigenous and non-Indigenous areas. Thus, an ethnographic case study was conducted based on participant observation of the teams’ practice, accessed via the Programa Mais Médicos Supervision, and interviews with six professionals, selected for the diversity of their profile. From the content analysis, three categories were identified: difference and inequality, similarities, and challenges. These divisions allows for the notion of physiological comparison, which generates a biomedical approach, encompassing the confusion between difference and inequality, the aspect responsible for favoring colonization and the denial of rights - and even the understandings of professionals about the culture - which permeates the intercultural dialogue.