Freedom Of Others Research Articles

الأُطر القانونیة المنظمة للدعایة الانتخابیة فی المملکة الأردنیة الهاشمیة وفقًا لقانون الانتخاب رقم 6 لعام 2016

يعد التأطير القانوني للدعاية الانتخابية من أهم مراحل العملية الانتخابية لکونه ينظم القوائم الانتخابية والمترشحين وکيفية الاتصال المباشر مع الجمهور المستهدف في العملية الانتخابية لعرض برامجهم بأسلوب وطرق قانونية، لذلک يلجأ المشرع عادة إلى تنظيم تلک العملية بغية ضبط وسائل وأساليب الدعاية الانتخابية، حيث أن الانتخابات تعد االمکنة المشروعة التي يبنى عليها التداول السلمي على السلطة عبر صناديق الاقتراع، وهي نتيجة طبيعية لفکرة االتمثيل والتفهم الاجتماعي لاختيار الأقدر والأکفأ للحکم، إذ بموجبها يتم اختيار من يمثل الشعب في ممارسة الحکم على المستوى السياسي أو على مستوى االوحدات المختلفة، التي لا يمکن للشعب ممارستها بنفسه، وباعتبار الانتخابات مکنة مشروعة نحو التداول السلمي على السلطة ومدخل نحو التحول إلى النهج الديموقراطي، وبذات الوقت نقل هواجس وحاجات الشعب إلى أصحاب القرار في الدولة لتحويلها إلى مخرجات سياسية واقتصادية واجتماعية تتفق مع آمال الشعب وطموحه، فضلا عن اعتبارها أداة لحل المتناقضات والصراعات داخل المجتمع من خلال التشارکية في الحکم ممن يمثلهم من النواب بحسب الأحجام السياسية لجميع القوى السياسية في المجتمع. لذلک، لزاما على المشرع الوطني اللجوء إلى تأطير وتنظيم عملية الانتخابات من حيث بداية الترشح وحتى نتيجة الانتخابات وإعلان المشرح الفائز بمساعدة السلطات العامة في الدولة من تنفيذية وقضائية لضبط وسائل وأساليب الدعاية الانتخابية، خاصة إذا ما علمنا بأن الکثير من التجاوزات غير القانونية تسود تلک الدعايات الانتخابية والتي من شأنها المساس بحقوق وحريات الغير، خاصة وأن الدستور الأردني يفرض المساواة بين المواطنين، ويفرض على الدولة أن تؤمن ذلک للجميع من المرشحين. وسؤال الدراسة هنا هو کيف أطرت ونظمت عملية الدعاية الانتخابية في قانون الانتخاب الأردني رقم 6/2016. The legal framework of electoral propaganda is one of the most important stages of the electoral process because it organizes the electoral lists and candidates and how to communicate directly with the target audience in the electoral process to present their programs in a legal manner and methods, so the legislator usually resorts to organizing that process in order to control the means and methods of electoralpropaganda, since the election is now the legitimate mechanism on which the peaceful circulation of power is built through the ballot boxes, which is a natural result of the idea ofrepresentation and social understanding to choose the most qualified and competent to govern, whereby the choiceof the most qualified and competent person is to choosethe most qualified. The people arerepresented in the exercise of government at the political level or atthe level of differentunits, which thepeople cannot exercise themselves,and considering elections as a legitimate mechanism towards peaceful circulation of power and an entry towards a transition to a democratic approach, while at the same time transferring the concerns and needs of the people to the decision makers in the state to turn them into political, economic and social outcomes consistent with the hopes and ambitions of the people, as well as considering them as a tool tosolvecontradictions and conflicts within society through participatory governance represented by representatives of the people. According to the political sizes of all political forces in society. Therefore, it is incumbent upon the national legislator to resort to framing and organizing the election process in terms of the beginning of the candidacy and even the outcome of the elections and the announcement of the winning morgue with the help of the public authorities in the state from the executive and judicial to control the means and methods of electoral propaganda, especially if we know that many illegal abuses prevail these electoral propaganda, which would prejudice the rights and freedoms of others, especially since the Jordanian Constitution imposes equality between citizens, and requires the state to ensure that this is done to all candidates. The question of the study here is how the electoral propaganda process was framed and organized in Jordan's election law No. 6/2016.

«VULNERABILITY» OF THE INDIVIDUAL AND EFFECTIVENESS OF HUMAN RIGHTS: A QUESTION OF POTENTIALITY?

Problem setting. The question of the vulnerability t is discussed here in a multitude of contexts: from our attitudes and understandings about what lives in different groups and categories in society is alike, from the socio-psychological and social-ecological meaning of being vulnerable, to the existential, mental and emotional meanings at the level of the individual.Recent research and publication analysis. The author focuses very strictly on the vulnerability of the individual and recuses the use of moral doctrines to understand individual vulnerability and he also recuses the huge literature which has focused so strongly on it. He situates himself more in line with Jean Piaget and Lawrence Kohlberg, experimental behaviour psychology and clinical psychology, where «moral» is both situated within, and constitutive of, the individual.Paper objective: The objective of the author is to give us a plurality of points of reference to understand and appreciate the vulnerability of the individual whilst giving simultaneously an account of this understand within legal philosophy.Paper main body. The author insists that we should understand the vulnerability of the individual in a broad and complex way. The article does not attempt to do so from any specific philosophical tradition nor cultural setting as the author insists that only from a situated understanding of the vulnerability of the individual can we meet the exigency of universality. The individual - and the human condition, are always vulnerable and can no more escape their vulnerability than the individual can escape their shadow.It is from this standpoint that the perspectives of human rights, their effectiveness and potentiality, introduce themselves! If human rights are also a right to do ’stupid things’, to be ’left alone’, then they could also legitimise the right of others to protect the individual from doing stupid things: a Good-Samaritan paradigm; but also a question about legitimisation, and about the questionability of using «vulnerability» to police human behaviour! And still, vulnerability used in this way can be beneficial to the individual, as we can see in the case of children, young adults, and even elderly persons with cognitive deficits, who we should protect because of their vulnerability. We should however exclude ’moral considerations ’ as a principle in our examination of vulnerability, to better understand and identify what we consider a threat to the vulnerability of the individual. In legal science, such an understanding of the «vulnerability of the individual» enables us to focus on any predatory, rapaciously, or destructive behaviour. The author therefore insists that we both need and need not, protect the individual. Examining the question of the vulnerability of the individual should give us a better insight in this ambiguity and help us better understand some aspects of predatory and criminal behaviour directed against individuals.Conclusions of the research. The author firmly insists that we should always accept the individual as their present themselves. A perfectionist stand in moral and legal philosophy is therefore firmly excluded. It is also firmly stated that protecting human vulnerability can only be done by accepting the freedom of others in their integrity.

Remembering and forgetting: How France's slaving ports have come to terms with their past

AbstractIn the decades before the French Revolution, France's Atlantic ports grew rich on the profits of colonial trade with the Americas, not least through the triangular trade in slaves between France, West Africa and the Caribbean. But by the end of the century, that prosperity was threatened. The French Revolution, leading to the first abolition of the slave trade in 1794, was partly responsible; but so were long years of war and blockade; the loss of France's richest sugar island, Saint‐Domingue, to slave insurrection; and the growth of a new moral conscience which challenged the rights of Europeans to sacrifice the freedom of others for their own economic advantage. After 1815, the Atlantic ports were condemned to long years of economic decline, when merchants looked back nostalgically on a world they had lost. In this article, I examine how the revolutionary era left an uneasy memory of the slave trade and suggest how these cities have belatedly come to terms with their past as public memory has evolved to reflect the changing balance of French society.

Legal Dimensions Block Internet Service

International conventions and agreements organized methods to restrict public freedoms in normal circumstances, which are more severe in the case of exceptional circumstances to preserve public order. This is what the Universal Declaration of Human Rights stated in 1948 in Article (19 / paragraph II) that everyone has the right to follow the news at the same time permitted it to be restricted according to interests of public, morals and security affairs added to it to protect the rights and freedoms of others. In the recent period, with the escalation of protests and popular revolutions, some ruling regimes, such as in Egypt, Iraq, and other countries, resorted to blocking the Internet service, blocking social networking sites, and obstructing the right to obtain information because they may be used to promote violence, hatred and conspiracy against the homeland in times of crisis, based on the primacy of power Executive in exceptional circumstances to achieve the purposes of administrative control to prevent the publication of everything that is harmful to its interests or related to its criticism of preserving the system or returning . These measures have created legal problems and resulted economic losses, restriction of the basic rights of individuals to obtain information guaranteed by the laws of the United Nations. The aim of the study is to organize this right judicially and not to leave the issue of restricting it to the executive authority in order to guarantee and protect rights and freedoms by facing the instructions and orders issued .

Community Rights Facing Criminal Law in a Human Rights Perspective

Legal protection is one form of human rights that must be obtained by everyone, especially with regard to the application of criminal law that can have the impact of violations and restrictions on the freedom of others as a form of human rights. It is not uncommon for people's rights to be questioned or even contested when dealing with criminal law. To answer this problem, a study was conducted using the legal research method through a normative jurudical approach which was intended to collect secondary data obtained from the literature in the form of primary legal materials, secondary legal materials and tertiary legal materials. The materials collected were analyzed qualitatively descriptive. Based on the analysis conducted, it is clearly seen that people's rights in criminal law are part of human rights that must get respect and protection in order to maintain human dignity through efforts that include: equality before the law, presumption of innocent, non-retroactive and legal assistance, and not tortured, punishment or cruel, inhumane treatment, degrading human dignity and dignity, and not treated arbitrarily.

Political and legal mechanisms for the protection of human rights through the lens of the European Union countries

The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.

Academic freedom: doctrinal and legislative scopes

The article outlines the status and importance of scientific research and legislative regulation of academic freedom. It is pointed out that academic freedom in the national constitutional and legal doctrine has been studied very insufficiently due to some destructive factors, including inertia and conservatism of the post-Soviet centralized system of educational management, closed academic environment, long-term lack of standardization of academic freedom in the Ukraine’s legislation, superficial comprehension of the academic freedom as a value in the academic environment and in Ukrainian society in general, etc. The absence in the Constitution of Ukraine as well as in most of the constitutions of foreign countries of a separate article proclaiming academic freedom does not contribute to the development of the theory of academic freedom. In this regard, disclosure of the essence of academic freedom is possible through a systematic interpretation of certain constitutional norms. Some activation of the scientific research began when the educational reforms were implemented in Ukraine, especially the Law of Ukraine “On Higher Education”, which provided the basis for modernization of the educational legislation and legalized the concept of academic freedom, was adopted. The development of the right to academic freedom in Ukraine is facilitated both by law-making activity, which is based on updating the educational legislation, as well as generating and disseminating scientific ideas on this issue in the constitutional and legal doctrine in the direction of ensuring pluralism of thoughts. Today, the concept, essence and content of academic freedom are interpreted by scholars differently. Each of them contributes to the development of the concept of academic freedom. The concepts, components and content of academic freedom are highlighted. Academic freedom is not permissiveness, but rather a choice of behavior and personal responsibility for the result. It is non-absolute and has its objective and subjective limits. However, any restrictions are justified only in order to ensure the adequate recognition and respect of the rights and freedoms of others, satisfaction of the just requirements of morality, public order and general well-being in a democratic society. The author’s definition of the right to academic freedom as a legally guaranteed opportunity for the participants of the educational process to carry out scientific research, teaching, training freely, without any external interference, taking into account the restrictions established by law is suggested. Key words: academic freedom, freedom of scientific research, freedom of teaching, freedom of learning, right to academic freedom.

Beyond Claim‐Rights: Social Structure, Collectivization, and Human Rights

Beyond Claim‐Rights: Social Structure, Collectivization, and Human Rights

The implementation of freedom of speech principles in Indonesian press regulation

This paper aims to see the implementation of freedom of speech principles in Indonesian press regulation, because as we have known, this regulation was made in very short period during political change in Indonesia. This change influences the Press Law too. The change in the Press Law which has further facilitated freedom of speech, it turns out to have a big impact on numerous parties, especially journalists and owners of mass media business entities. In this study, the researcher used critical paradigm to see effect of this law and problems those might be came because of the implementation. This study found that the implementation, freedom of speech regulated in the 1999 Press Law often turns out to intersect with the freedom of others so that it needs to be evaluated, reviewed, and revised.

Theoretical-legal aspects of constitutional regulation of the right to freedom of opinion and religion in Ukraine and the countries of continental Europe

The article explores the constitutional practice of normative regulation of the right to freedom of thought and religion, enshrined in Art. 35 of the Constitution of Ukraine and in similar norms of the constitutions of the states of continental Europe. The necessity to state the stated norm in the new version is substantiated. It is determined that the right to freedom of worldview and religion, which is enshrined in Art. 35 of the Constitution of Ukraine, relates to civil rights of man and citizen and consists of three basic elements: freedom of thought, freedom of conscience and freedom of religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious cults and rituals, as well as to conduct religious activities. It is noted that in the states of continental Europe the constitutional and legal regulation of the right to freedom of opinion and religion is implemented differently. Thus, in the constitutions of Andorra, Bulgaria, Bosnia and Herzegovina, Armenia, Georgia, Estonia, Lithuania, Macedonia, Romania, San Ma-rino, Serbia, Czech Republic and Montenegro, the analyzed law is enshrined along with other human rights. In other constitutions of European states, the law under study is formulated in a separate article. It is stated that the constitutions of European states use unequal verbal designations of this right. In particular, such terminological expressions as "freedom of conscience and religion", "freedom of cults", "freedom of conscience, religion and other beliefs", "freedom of conscience and religion", "freedom of conscience", "freedom of religion and worship", " freedom of religion ”,“ freedom of choice of religion ”,“ freedom of conscience, religion and worship ”,“ freedom of religion and conscience ”,“ freedom of religious beliefs ”, which differ but have much in common. The expediency of deleting the term “freedom of world outlook” from Part 1 of Art. 35 of the Constitution of Ukraine and the consolidation of the term "freedom of conscience", which in its content, first, covers a broad sphere of spiritual, world-view of human being, and second, acts as the freedom of choice and assertion of the individual in the system of religious coordinates. It is proposed taking into account the European experience of constitutional and legal regulation of the right to freedom of opinion and religion of the provision of Art. 35 of the Constitution of Ukraine shall be read as follows: “Everyone has the right to freedom of conscience and religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious or ritual rites alone or collec-tively, to conduct religious activities. The exercise of this right may be restricted by law only in the interests of public order, the health and morals of the population, or the protection of the rights and freedoms of others. Churches and religious organizations in Ukraine are separated from the state and the state education system from the church. No religion can be recognized as binding by the state. Churches and religious organizations are equal before the law. It is forbidden to compel a person to choose and profess any religion or belief, to participate in re-ligious and ritual ceremonies or activities of a religious organization and to receive religious education.”

ANDERSON ON VULNERABILITY

Recently, feminists have begun to draw attention to the vulnerability of human beings. This theoretical perspective lies in contrast to an element of the philosophical tradition that values autonomy and freedom. I would like, in this paper, to engage with some of the work of the feminist philosopher Pamela Anderson on the notion of vulnerability. I think that Anderson’s recognition of vulnerability is important but I’d like to suggest a different way of thinking about this issue from Pamela’s. I think there are more difficulties than Anderson recognizes with Kant’s view of autonomy. Anderson argues that Kant’s theory can be adapted to cover the relationality of human beings with each other. However, I don’t think that this can be done without distorting Kant. Linked to this, she suggests that feminists ought to take into account existing “narrative identities.” However, these existing “narrative identities” may be detrimental to their interests. Subjects may be “constituted” by injurious social norms. It seems to me that there is an ontological and normative dimension of the problem that is insufficiently articulated in Pamela’s account. Kant’s view of autonomy leaves no room for vulnerability in the sense of relationality. Drawing on Simone de Beauvoir I would like to suggest a different concept of freedom and autonomy from that of Kant that allows for vulnerability. De Beauvoir argues that the freedom of each of us requires the freedom of others. Additionally I will suggest that de Beauvoir offers an account of the conditions for the removal of oppression, including the elimination of ethically detrimental aspects of vulnerability.

A voz do Ministério Público na garantia do direito à moradia

Neste artigo é avaliada a liberdade de expressão dos membros do Ministério Público frente ao seu dever de tutelar a imagem das pessoas e a obrigação ministerial de defender a liberdade de terceiros, com fulcro na garantia do direito à moradia. O referido estudo busca verificar como os membros do Ministério Público utilizam sua voz institucional nas reportagens exibidas nos noticiários noturnos ALTV 2, Jornal do Estado e Pajuçara Noite no caso dos bairros Pinheiro, Mutange e Bebedouro no município de Maceió- Alagoas. Foi utilizado como método a Análise de Conteúdos para analisar as reportagens exibidas nos telejornais. Foram levantadas 30 matérias com a presença de integrantes do órgão, para realização da pesquisa. Os dados referentes aos programas foram organizados em tabelas, a partir das quais analisou-se a participação de cada subdivisão do MP.

OVERCOMING LEGAL NIGILISM, RESOLUTION OF LEGAL CONFLICTS AND RESTRICTION OF LAW ABUSING- VALIDITY BASIS OF LAW FORMATION

The aim of the article is to investigate the reasons of legal nihilism and abuse of law origin, to find the optimal ways of overcoming these negative legal phenomena and, as a result, to solve legal conflicts in the activity of state authorities and local self-government, their officials, providing recommendations on introducing liability for law abusing. The process of establishing respect to the law is primarily connected with overcoming legal nihilism, legal conflicts and abuse of law limitation. Legal nihilism retards the decent development of the legal system, encumbers the access of society members to legal values and becomes a serious obstacle on the way of the formation of civil society. Specificity of any legal conflict lays in the fact that is its features and peculiarities are shown, seen and characterized from the position of law, specific legal norms and their requirements, decrees, orders to be perceived and evaluated differently by subjects of law A sense of respect together with legal awareness allows a person logically, reasonably, rationally evaluate and find the most suitable way of behavior and legitimate actions. When manifesting real respect here operates one of the important legal principles of civil society - respect for the rights and freedoms of others as their own. This principle is based on the necessity to keep away from any actions (inaction) so directly or indirectly worsening social or legal status of an individual. We mean here exclusion of not only unlawful actions, but also the facts of rude misuse of law. Factors of rude misuse of law are real assets of law practice, therefore, when understanding problems related to the establishment and development of legal awareness, legal culture, and respect for the law, it is necessary to consider the fact that legislation doesn`t forbid to do evil and is the abuse of law in its purest form. And it cannot be avoided, since law shouldn`t be ubiquitous, otherwise a person would be completely deprived of freedom. However, a civil society, betaking spiritual and moral potential capabilities, can create a certain exclusion zone for people challenging law abusing.

The Right to physical and mental immunity in the light of the new constitution of the Republic of Armenia and modern challenges in this field in Armenia

The Constitution of the Republic of Armenia (RA) for the first time envisaged the right to physical and mental immunity (in the former edition of personal immunity) in 2015. According to Article 25(1) of the RA Constitution, everyone shall have the right to physical and mental integrity. That right may be restricted only by law, for the purpose of state security, preventing or disclosing crimes, protecting public order, health and morals or the basic rights and freedoms of others. The bodily rights of the person, including the right to physical and mental immunity, are recognized in professional literature as somatic rights that have become a subject of vigorous debates as a new generation of human rights. In general, human somatic (bodily) rights constitute a wholeness, which includes: the right to life; the right to die or the right to choose a way of giving up one’s life (right to suicide, right to use euthanasia), etc. Current report in the light of the RA Constitution report discuss some of important issues in this field: eugenic experiments, medical intervention, organs and tissues transplantation, etc.

Prawa pacjentów muzułmanów w świetle ustawodawstwa polskiego, ze szczególnym uwzględnieniem ustawy o gwarancjach wolności sumienia i wyznania

W państwie separacji przyjaznej, jakim jest III Rzeczpospolita Polska, wolność sumienia i wyznania, jako jedno z podstawowych praw człowieka, jest gwarantowana zarówno na poziome konstytucyjnym, jak i ustawowym. Z prawa tego wynika swoboda uzewnętrzniania przekonań religijnych i prawo do opieki duszpasterskiej w każdym miejscu, w którym się znajdujemy. Z racji tego, że wolność religijna ma swoje źródło w przyrodzonej godności osoby ludzkiej, jest ona zapewniona każdemu bez względu na narodowość, rasę, stan zdrowia czy przyjmowany światopogląd.
 Z uwagi na rosnącą liczbę muzułmanów przebywających na terytorium Rzeczypospolitej Polskiej zasadne wydaje się spojrzenie na zakres ich uprawnień w dziedzinie wolności religijnej w specyficznej i trudnej dla każdego sytuacji bycia pacjentem zakładu leczniczego. Podjęcie wskazanego tematu podyktowane jest specyfiką prawa szariatu, które reguluje nie tylko materię ściśle prawną, ale także sprawy wchodzące w sferę życia codziennego muzułmanina i rzutujące na konieczność przestrzegania szeregu reguł, znajdujących zastosowanie także w sytuacji poddania się leczeniu szpitalnemu.
 Punktem wyjścia dla podjętych rozważań stała się ustawa o gwarancjach wolności sumienia i wyznania i przewidziane w niej uprawnienia wobec osób przebywających w zakładach leczniczych, które zostały skonfrontowane ze stanowiskiem prawa szariatu wobec czynności, jakim może poddać się pacjent wyznający islam. Omówione zostały m.in. zagadnienia związane z poszanowaniem prawa muzułmanina do bycia odwiedzanym przez rodzinę, prawo do postu, modlitwy czy spożywania określonych pokarmów. Przeprowadzona analiza doprowadziła do wniosku, że personel medyczny winien w możliwie najszerszym zakresie, zgodnie z przepisami prawa polskiego, zapewnić pacjentom muzułmanom warunki zgodne z wymogami ich religii. Jednakże z uwagi na to, że wolność religijna nie ma charakteru absolutnego, granicę tej wolności zawsze musi wyznaczyć wzgląd na dobro pacjentów, a przede wszystkim na wolność religijną innych osób – personelu medycznego czy pacjentów o odmiennym poglądzie religijnym.

Geopolitics and Marine Conservation: Synergies and Conflicts

Transboundary conservation has an important, yet often undervalued, role in the international conservation regime. When applied to the legally ambiguous and interconnected marine environment this is magnified. The lack of clear guidance for transboundary marine conservation from the international conservation community exacerbates this problem, leaving individual initiatives to develop their own governance arrangements. Yet, well-managed transboundary marine protected areas (MPAs) have the potential to contribute significantly to global conservation aims. Conversely, in a period where there is increasing interest in marine resources and space from all sectors, the designation of MPAs can create or amplify a regional conflict. In some instances, states have used MPAs to extend rights over disputed marine resources, restrict the freedom of others and establish sovereignty over maritime space. Six case studies were taken from Europe, North Africa and the Middle East to illustrate how states have interpreted and utilised different legislative mechanisms to either come together or diverge over the governance of marine resources or maritime space. Each of the case studies illustrates how different actors have used the same legislative tools, but with different interpretations and applications, to justify their claims. It is clear that the role of science combined with a deeper engagement with stakeholders can play a critical role in tempering conflict between states. Where states are willing to cooperate, the absence of clear guidelines at the global level means that often ad hoc measures are put into place, with the international frameworks then playing catch up. Balancing different jurisdictional claims with the conservation of the marine environment, whilst considering the increasing special economic interests will become increasingly difficult. Developing a transboundary conservation tool, such as the simple conservation caveats found in the Barcelona Convention and Antarctic Convention, which allow for the establishment of intergovernmental cooperation without prejudicing any outstanding jurisdictional issue, would provide a framework for the development of individual transboundary MPAs.

Permissible restrictions on freedom of religion and belief

In the article presented M. Novak and T. Vaspernik highlight five possibilities of legislative restriction of rights in the sphere of freedom of conscience and religion. The authors, based on an analysis of the judgments of the European Court of Justice, examine in detail the grounds on which religious rights may be restricted.
 
 Restrictions on public safety.
 Restrictions on public order.
 Restrictions on public health.
 Restrictions on Moral Protection.
 Restrictions imposed to protect fundamental rights and freedoms
 
 other persons.
 
 Proselytism
 Blasphemy
 Other rights and freedoms of others

Whose Right is it Anyway? Adjudicating Charter Rights in the Context of Multiple Rightsholders

This article considers how courts should approach contexts of equal and overlapping rights claims under the Charter, using R v Reeves as a case study. While such claims might initially appear novel, they seem more familiar when we recast them not as “overlapping” rights claims (as the Crown described them in Reeves) but rather as competing rights claims. As I will argue, this reframing directs us to our ordinary tool for balancing Charter claims against other competing constitutional values including “public safety, order, health, or morals or the fundamental rights and freedoms of others” — namely, proportionality. In addition, this article explains that this way of understanding the problem and approaching the solution fits with compelling accounts of what justifies the state’s exercise of public authority and the role constitutional rights play in demarcating the limits of that authority.

Religious Holidays for the Non-religious? Cresco Investigations v Achatzi

The question of time off for religious holidays raised its head again in Cresco Investigations v Achatzi. The facts though did not involve the previously considered, but thorny, question of whether it would be indirectly discriminatory to deny a religious employee time off to perform religious activities but whether it was directly discriminatory for legislation to provide an extra day of leave, or double pay if the employee worked on that day, for members of particular religious communities only. The answer to this, perhaps not surprisingly, was that to do so was discriminatory, and could not be defended on the basis that it protected the rights and freedoms of others. Given the law’s clear privileging of some religious groups above others for little objective reason it is hard to see what other conclusion the court could have reached given that what was at stake was not merely a day off but extra payment if an employee chose to work that day. Nevertheless, this case is important because it raised technical but potentially extremely far ranging questions on the horizontal direct effect of Directives and the Charter of Fundamental Rights and Freedoms.

Hate Speech: The Phenomenon of Offensive Language

A characteristic inherent in a democratic State is a guarantee of freedom of opinion
 and expression by every citizen. However, the space for freedom cannot be misused
 to express various ideas or views so that it becomes a tool to attack human rights and
 the freedom of others manifested in the form of hate speech. Acts of hate speech
 are currently getting more and more attention from various circles, not only for law
 enforcers and practitioners, politicians, information and communication technology
 experts. But it is also a very serious concern for the Indonesian government to form
 and give birth to regulations concerning to handling of hate speech. Moreover, caring
 for diversity and harmonization in diversity in the era of globalization of information
 technology is the biggest challenge today. In this study, phenomenology is used as
 research design whereas purposive sampling from online media is used to collect
 the data. The aim is to maintain unity in the midst of a multicultural community life
 such as Batu Bara. On the other hand, the emergence of discussions about hate
 speech actually gave the object of a new study for linguistics. Based on the linguistic
 perspective, hate speech is a phenomenon of offensive language that can present
 linguistic data and can be analyzed linguistically. Therefore, this article conceptually
 describes the role of linguistics and linguists in understanding and explaining the
 subject of hate speech.