Exercise Of Individual Rights Research Articles

The position of city officials and civil servants in the city of Osijek from 1918 to 1934

In this paper, author discusses and analyzes the normative regulation of the position of city officials and civil servants, their legal status and the payment system in the Osijek city administration in the period from the proclamation of the Kingdom of Serbs, Croats and Slovenes in 1918 to the promulgation of the 1934 Municipalities Act. In covering the topic, the author primarily used the relevant legislation and the archival material available at the State Archives in Osijek. Considering the position of city officials and civil servants in the city of Osijek between the two world wars in relation to their position during the Austro-Hungarian Empire, the normative analysis shows that city officials and civil servants were part of the occupational classification system in the interwar period. The city employees were ranked according to types of occupations and the level of professional qualifications required to perform them. Until then, the salaries of city employees were regulated by Austro-Hungarian laws, according to which there were wage classes, and city municipalities had some kind of financial autonomy in determining the amount of salaries of city employees. A significant novelty in the inter-war period was the established system of dividing payments into basic and position wages, including bonuses. The salaries of city employees were made equal to those of state servants. It resulted in introducing an evaluation system which was directly related to the exercise of individual rights and determining the responsibilities of city employees. The Statutes related to the evaluation system included the possibility of promotion and demotion (to a higher or a lower payment class), termination of service, and loss of pension. Consequently, it may be concluded that the main purpose of the evaluation system was to institute the standards for rewards or penalties.

ДО ПИТАННЯ ПРО ОХОРОНУ МАЙНОВИХ КОРПОРАТИВНИХ ПРАВ УЧАСНИКІВ ТОВАРИСТВА З ОБМЕЖЕНОЮ ВІДПОВІДАЛЬНІСТЮ

The article is devoted to the study of the peculiarities of legal protection of corporate property rights of members of a limited liability company. It was established that the corporate property rights of the company members mediate the process of their property participation in the organization's activities. The publication focuses on the legal nature and peculiarities of the realization of property rights, which have been legally established at the legislative level, in particular: the right to payment of the value of the share in the event of leaving the company; the right to the payment of dividends, the preferential right to purchase a share of another member of the company, which is alienated to a third party; the right to receive part of the property remaining after settlements with creditors in case of liquidation of the company; the right to alienate a share (part thereof) to other participants or third parties on a paid or free basis. The specified rights are differentiated by the authors according to the criterion of the presence or absence of attachment to the size of the share of the authorized capital. Attention is focused on restrictions on the exercise of individual rights. It was established that in addition to property rights, which are regulated at the legislative level, members of a limited liability company can acquire corporate property rights, which are enshrined in the founding documents. On the basis of the conducted analysis, it was concluded that despite the attempt made to improve the regulation of relations related to the realization of corporate property rights, both at the doctrinal level and in practice, a number of unresolved problematic issues remain.

Derecho Privado Ambiental a la luz del Código Civil y Comercial

RESUMEN:
 El presente estudio aborda el Código Civil y Comercial de la Argentina (ley 26944), en vigor desde 2015, como una clara expresión de la existencia del Derecho Privado Ambiental, de base constitucional. Al introducir la materia ambiental en el Derecho Privado, produce una suerte de simbiosis: el Código Civil yComercial unificado (Derecho Privado) se impregna de Derecho Ambiental (se “ambientaliza”),y a la inversa, desde la especialidad, el microsistema jurídico, “DerechoAmbiental”, en la parcela que le corresponde, se internaliza en el Derecho Privado (se “privatiza”). El Cód. Civ. y Com. implica una reformulación de la teoría de las fuentes y aplicación (art. 1º), de la interpretación de la ley (art. 2º), de la teoría de los bienes (arts. 15 a 18), de la teoría de los derechos (art. 14), teoría de las normas (arts. 1º, 2º, 3º), del ejercicio de los derechos (arts. 9º y ss.), de la responsabilidad civil por daños (arts. 1708 y ss.), de la teoría de la decisión judicial (art. 3º), entre otros aspectos novedosos. El Cód. Civ. y Com incluye un nuevo paradigma en materia de bienes, al regular aspectos relativos a los bienes colectivos y valores colectivos en referencia a los derechos ambientales, y las comunidades como los pueblos originarios (parte de una sociedad multicultural y declara como principio general del derecho, la buena fe (la lealtad, el obrar transparente), una de las ideas fuerza del derecho ambiental, junto con la solidaridad, la cooperación, y la paz, diseñando un modelo o versión novedosa, de abuso del derecho ambiental, o “ECO- ABUSO” (Sozzo). Por útimo, el artículo 240, la regla de la compatibilidad, entre el ejercicio de los derechos individuales y los derechos de incidencia colectiva, y de no afectación del funcionamiento y sustentabilidad de los ecosistemas, el paisaje, el agua, suelo, agua, flora, biodiversidad, valores culturales, lo que implica un profundo replanteo de las relaciones del hombre y la naturaleza.

Public self-censorship in WhatsApp intra-group communication in Zimbabwe

The social networking sites have been lauded for their ability to offer mediascapes that enable the full exercise of individual rights and freedoms; such as the right to privacy on social networking sites, freedom of expression and association, among others. This is significant given that the majority of the world’s population now has a significant presence on social media. Communication trends indicate a shift from interaction in the real/physical world to more interactions andtransactions occurring online or in virtual space. This necessitates an exploration of the extent to which privacy and freedom of expression are guaranteed in online interactions. The study reveals the perpetuation of a spiral of silence whereby participants in intra-group communication engage in public self-censorship. Using online participant observation, in which the researcher used data collected from four WhatsApp groups, and the Censorship regimes model, the study interrogates how public self-censoring is implicated even in spaces where no such censoring is otherwise not required.

Anti-LGBT Free Speech and Group Subordination

This Article is about the tension between liberty and equality. It examines this tension in the context of disputes over free speech and LGBT rights. In the modern Civil Rights Era, the social and legal climate has become increasingly intolerant of bullying, embraced liberal sexual and gender norms, and sought to institute formal equality for formerly disfavored groups. The conservative movement has responded in part by seeking refuge from progressive change in constitutional jurisprudence, articulating theories of both the First and Fourteenth Amendments to effectively protect the status quo. Because of a receptive Supreme Court, dominant conceptions of both equal protection and free speech are informed today by libertarian ideology, reflecting a commitment to limited government oversight and regulation. A libertarian view of the Constitution, however, ensures that meaningful liberty and equality exist not for everyone but only for some. To create a more equitable society, constitutional interpretation must more adequately balance libertarian interests in the exercise of individual rights—like free speech—with the need for governmental action to promote the public good and address group-based harms. This Article draws from the field of critical race theory to advocate for an antisubordination approach in mediating competing claims of equality and liberty. Unlike a libertarian free speech jurisprudence that treats all speakers and viewpoints as equally worthy of constitutional respect, an antisubordination approach to free speech is attentive to historical and contemporary modes of group- based oppression. Simply put, if the triumph of a free speech claim would enforce a status hierarchy that positions historically marginalized groups as inferior, that free speech claim should fail. The need to reconceptualize liberty and equality came into sharp relief in the Supreme Court’s 2020 decision in Bostock v. Clayton County. The Bostock Court held that Title VII prohibits discrimination against gay and transgender employees,but the majority concluded by expressing concern for religious and conservative dissenters. The Court suggested that constitutional and statutory principles of religious freedom and free speech might override antidiscrimination commands in appropriate cases. The jurisprudence that emerges from these developing cases will help determine the scope of equality, the breadth of First Amendment liberties, and the Constitution’s role in addressing inequity for all marginalized groups.

Interoperability of EU Information Systems: The Deathblow to the Rights to Privacy and Personal Data Protection of Third-Country Nationals?

This article examines key privacy and data protection concerns raised by the Regulations that establish a framework for interoperability between EU-wide centralized information systems processing personal data of third-country nationals (Schengen Information System II, Visa Information System, Eurodac, Entry/Exit System, European Travel Information and Authorization System, European Criminal Records Information System for third-country nationals). After a concise outline of the complex landscape within which these databases have been set up, emphasis is placed on the novelties and challenges that interoperability brings forward. In that regard, the articles evaluates the setting up of new databases, particularly the Biometric Matching Service and the Common Identity Repository – viewed through the Panopticon lens – the maximization of uses for which personal data may be destined, the revised rules on consultation of databases for law enforcement purposes, the challenge of ensuring data quality and the exercise of individual rights. Interoperability, Privacy, Data Protection, Databases, SIS II, VIS, Eurodac, EES, ETIAS, ECRIS-TCN

The Internet and Cancellation Culture: The Impact of the Public Opinion on the Exercise of the Individual Right to Freedom of Expression

This article analyzes the impact of the culture of cancellation promoted by users of social networks on the exercise of individual rights, more precisely Freedom of Expression. The study presents the analysis of the content inherent to what would be the cancellation, its aspects and practical consequences in the individual sphere of the users. The theme is approached by the deductive method and through doctrinal research. The article intends to answer if there are legal consequences resulting from the use of this resource by users.

COLLECTIVE HUMAN RIGHTS AND THE PROBLEM OF THEIR NORMATIVE ENFORCEMENT

Goal: substantiation of the necessity of normative and legal consolidation of collective human rights. Methods of research: analysis and study of international legal documents that contain provisions on collective human rights. Results: the normative and practical utility of consolidating collective human rights into international legal acts. Collective rights are not individual, as they belong to groups, collectives, peoples as a whole. These rights have certain characteristics that distinguish them from the rights of individuals and which allow us to see their qualitatively different legal nature, and not just «collective aspects». The use of collective rights is based on the subordination of the subordination of the minority to the majority, the exercise of individual rights occurs at the discretion of the individual. As practice shows, individual rights can not provide adequate protection for individual social collectives. Individual human rights do not provide adequate protection of the rights of indigenous peoples in respect of the territories that these peoples traditionally occupy. The customary ownership (individual right) of land has little in common with that age-old bond that connects, for example, the Indian tribe with a certain territory. The identity of indigenous peoples, their culture include the land on which they live. Therefore, it would be a dangerous delusion to try to regulate the relations associated with this land, the standard rules on the right of ownership. Collective rights belong to a group of individuals, united by some objective characteristics. Collective rights belong to the group as a whole, therefore its individual members can neither exercise nor protect these rights, unless they are authorized by the group itself. Discussion: proposal inclusion of this issue in the agenda of international organizations.

Critical social work and the promotion of citizenship in Chile

Drawing upon the findings of my doctoral research, this article examines social workers’ understanding and interventions related to the promotion of citizenship in Chile. The study involved documentary analysis and 26 semi-structured interviews with social workers who, employed by non-governmental organisations (NGOs), implemented state policy for addressing poverty and social exclusion. The findings indicate that social workers understood citizenship as the exercise of individual rights mainly. At the same time, strategies employed by some social workers to oppose resistance to such neoliberal reworking of citizenship were identified. Suggestions are made with respect to the development of Chilean social work from a critical perspective.

Regulation during the American Founding: Achieving Liberalism and Republicanism

AbstractPrevious scholarship on the political thought of the American founding has concluded that the founders amalgamated liberalism and republicanism but has not yet identified the precise contours of this combination. The first section of this article lays out the debate between liberalism and republicanism. The second section reveals that the founders, far from promoting laissez-faire, supported and enacted a wide array of regulations at the local, state, and national levels. The third and fourth sections discuss the justification for regulation and demonstrate that the founders’ approach to liberalism harmonized the exercise of individual rights and the common good, foundations that have been considered exclusively liberal and republican, respectively. The article concludes by suggesting that regulation provokes questions for the liberal/republican categories, since neither approach adequately explains the founders’ rationale in favor of both liberalism and regulation.

Health Documentation in the Age of Information Systems

Theoretical background: Health documentation is historically gained such an important legal document for the exercise of individual rights becomes increasingly important role. Domestic legislation but health records as legally significant collection of medical data and documents are not defined. Retention of important legal documents, therefore, it left to the operator. Methods: Using the prescriptive method will be determined and the laws governing the management of health documentation, safety and accessibility of health care documents. Based on descriptive methods will be described handling of health records within a provider of health treatment to exposed regulatory gaps in the protection of individual rights. Results: Through the analysis of the behavior of operators with health records, even after death, leaving the contractor will be the inductive reasoning carried out conclusions on the management of health records. Discussion and conclusions: Health data, in particular documents, which are to protect the individual rights relevant health records are not processed in modern technology. Health records are still kept manually, records of the documents in the collection are not allowing their disposal. Even the flow of health records in a medical institution is not defined. Manual and thus not trasparent data processing treatment consequently forms the basis for alienation of individual records or entire medical documentation and access by unauthorized persons. Due to the diversification of health data within a single controller comes to redundancy investigations, which increases costs and unnecessary divergence of time adequate medical treatment

Consumer Protection in EU Residential Mortgage Markets: Common EU Rules on Mortgage Credit in the Mortgage Credit Directive

AbstractFor many years now, there has been an attempt in the European Union to create a common legal framework for mortgage credit contracts and cross-border activities in the mortgage financial sector. One of the greatest challenges has been the establishment of a corresponding level of consumer protection in EU residential mortgage markets. This issue has become particularly important at the time of financial crisis. Consumers are increasingly exposed to the risk of losing their homes because of failing to fulfil, in due time, their obligations arising from mortgage loans, and thus losing confidence in the EU financial sector. Therefore, the European Union has intensified its efforts to improve consumers’ ability to inform themselves of the potential risks when entering into mortgage loans and mortgaging their real property. On 4 February 2014 the EU adopted the new rules on mortgage credits in the Mortgage Credit Directive. The main objective of the Directive is to increase the protection of consumers in EU mortgage markets from the risks of defaults and foreclosures. A higher level of protection must be ensured by consumers’ increased information capacity related to mortgage credits, as well as by developing a responsible mortgage lending practice across the EU. The Mortgage Credit Directive is also aimed at contributing to the gradual establishment of a single internal market for mortgage credits. In this chapter, the author analyses previous and current attempts by the EU to establish a uniform market of mortgage loans, and assesses the possible impact of the Mortgage Credit Directive on the protection of consumers in the market of mortgage credits and on the development of cross-border activities in the mortgage financial sector. Special emphasis is placed on the possible impact of the new EU rules on mortgages on national protection measures aimed at consumer protection at the time of financial crisis. The transposition of the Mortgage Credit Directive will undoubtedly contribute to a higher level of consumer protection when consumers enter into home loan contracts. However, the question arises whether, because of different levels of harmonisation of some rules laid down in the Directive, its implementation will actually contribute to an increase in cross-border home loans. The possibility for Member States to opt for increased consumer protection in some aspects of credit agreements when implementing the Directive, or the existence of different options for the exercise of individual rights that they may use cannot bring about an integration of mortgage credit markets.

HUMAN RIGHTS IN TIME OF GLOBALIZING SECURITY

Diversity of processes in the contemporary international environment and the attendant effects, including security risks bring rapid changes in society. On the other hand, new opportunities and challenges are characterized by globalization of security and modern security paradigm, triggered by the overwhelming number of processes within existing systems of national security that modify the state's role in ensuring the safety of its citizens or residents. In the contemporary security paradigm appears a tendency to provide individual security or deviation to the concept of ensuring security of the individual. Security is becoming a fundamental civil right which requires the synthesis of a wide range of state and social policies, including respect of human rights. International terrorism, as one of the security risks, against which many countries have accepted anti-terrorism laws, which intervene in the free exercise of individual rights and that leads to an imbalance between freedom and security.

Secular, singular and self-expression? Religious freedom in Australian and New Zealand education

Children today live in a multicultural society. Its ethnic, religious and cultural diversity is reflected in school communities. In Australia, education is provided largely within the secular public systems of each state and territory. In addition, there is a significant denominational, primarily Catholic, school sector. In New Zealand, the state system is similarly secular but with much fewer private denominational providers. An important mission of all educators is to assist and encourage young people to achieve their full potential to contribute to a society characterized by tolerance and understanding. Parents of different races, cultures and religions want their children to be educated in accordance with their convictions and religious beliefs. In addition, the partakers of education, the young people of today, are generally more confident and comfortable in expressing their beliefs, either through words or appearance. The challenge is for all involved in education, from government policy makers to educators, to cater for all needs within the education system. This article considers the exercise of individual rights and freedoms within the context of religion in education. It focuses on the issues relating to incorporating and promoting diversity and individual freedoms within the secular education systems of Australia and New Zealand.

Individual statutory employment rights since 1997: constrained expansion

This article explores developments in statutory individual employment rights since the election of the Labour Government in 1997. It also discusses the mechanisms for the adjudication and enforcement of individual employment rights. There have been changes in the institutions and dispute settlement processes and procedures, although I argue that an opportunity for a radical re‐think was missed. There are continuities with Conservative thinking, as well as departures from it. Part of my argument is that policy is being based on a problematic representation of “the problem” of increased exercise of individual rights. There is also a neglect of the inter‐relationship between individual employment rights and collective representation at the workplace. The weakening of individual employment rights under previous Conservative Governments was achieved in part by weakening collective organization. Although the Labour Government has addressed the former by strengthening and expanding individual statutory rights, I argue that achievements are constrained by its seeming ambivalence towards the latter.

The Theory of Social Choice since 1951 / Die Theorie kollektiver Entscheidungen seit 1951

Summary Starting point for our analysis is Arrow’s famous impossibility result from 1951. Arrow had proved that within an ordinal framework no non-dictatorial social welfare function exists that satisfies the condition of unrestricted domain, the weak Pareto principle and the requirement of independence of irrelevant alternatives. In the first few sections, we discuss what kinds of positive results can be obtained once we relax one or the other of his axioms. The simple majority rule, for example, is an Arrow social welfare function under a domain restriction that is more general than single-peakedness. The Borda rule violates Arrow’s independence axiom but satisfies a weak independence requirement together with some other rather attractive properties. We next look at preference domains that admit the existence of Arrovian social welfare functions, i. e. aggregation rules fulfilling both the Pareto and the independence condition and being nondictatorial. We also characterize domains for non-manipulable voting procedures. The subsequent section analyzes social aggregation functions that allow for an interpersonal comparison of both utility levels and utility gains. Utilitarian rules and the Rawlsian lexicographic maximin principle are discussed in particular. We finally examine the exercise of individual rights within the social choice context, which means that non-utility information is considered as well.