Fundamental Rights Research Articles

Right to Indigenous Health and National Policy For Indigenous People: an Integrativa Review

Objective: The protection of the right to indigenous health faces difficulties in Brazil. Several public policies, which are outside of indigenous knowledge, reproduce the technical standard of knowledge and weaken participation in tackling health burdens, reducing the effectiveness of decisions. The objective is to contextualize the current scenario of implementation of the right to indigenous health. Method: The methodology adopted for this research includes an integrative review that aims to present scientific productions on the subject from 2008 to 2020, demonstrating what positive achievements have been made and what needs to be improved in order to improve the provision of health services. Data collection was carried out through research in Scielo, Google Scholar, and Academia databases using the descriptor “Right to Indigenous Health”. Results and Discussion: The results obtained revealed that, although the decentralization of the management of indigenous health policies has occurred, there is still no broad democratic space that guarantees popular participation of indigenous people as actors in the fight for respect for their rights. In the discussion section, these results are contextualized in light of the theoretical framework, highlighting the implications and relationships identified. Possible discrepancies and limitations of the study are also considered in this section. Research Implications: The practical and theoretical implications of this research are discussed, providing insights on how the results can be applied or influence practices in the field of Law and Health, correlating the provision of health services to these vulnerable populations. In this way, the aim is to collaborate with discussions related to the subject, as well as with the development of public policies in different federative spheres, in order to guarantee respect for a fundamental right of Brazilians - the right to health, within the context of indigenous health, which is not yet precarious. Originality/Value: This study contributes to the literature by presenting indicators, historical data and bottlenecks to authorities, researchers in the field and health managers, especially those in the Legal Amazon, in order to outline a common plan for promoting indigenous health, serving as an embryo for the recent work of Doutores da Amazônia in the State of Amapá, which, as a pilot project, demonstrated its viability and the potential for changing perspectives in the area.

Employee use of social media: Private, public or something else?

This article examines the use of social media at the intersection of work and private life and analyses how employers are permitted to intervene in employees’ social media behaviour. In the article, this phenomenon is described as the hybrid role of an employee. It is created when a person adds work-related information to their personal social media profile and when employers encourage personnel to highlight their expertise and employer-related issues using personal social media accounts. The content of an employee's social media bio and social media postings, as well as an employer's social media policy, create a complex framework spanning the private and public domains. In addition, an employer's intervention in an employee's social media posts constitutes an interference with that employee's freedom of expression and private life, which are fundamental and human rights. Therefore, a compelling reason must exist for an employer to interfere with an employee’s use of social media. Factors that influence this assessment include the employee's position and duties, the closeness of the connection between the social media content and the employer, the (harmful) effect of this content on the employer or its activities, the veracity and public-interest value of the content, the proportionality of the sanction and its compatibility with the employer's social media policy.

Integration of Personal Safety in Students Training on the Specialty “Civil Safety” at Technical Institutions of Higher Education

Security is considered a legitimate goal of every society. In recent years of the pandemic and then the war in Ukraine, the issue of the security paradigm has become particularly relevant. It prompts a revision of conceptual approaches to the formation of human personal security competencies and especially the mechanisms and ways of ensuring it in society and the state in the present conditions. Therefore, in theory, national and international security concepts are being developed, and more recently, individual, social, and global security. This indicates, among other things, a significant expansion of new dimensions of security when political independence, territorial integrity, and viability of the country, as well as the survival and development of its inhabitants, are at stake. Security in itself should have the status of a fundamental human right. Many publicly discussed security issues are related to technical solutions. Debates are underway not only about society's attitude to security, but also about what research and for what purpose it is conducting or has conducted in this direction. This also applies to the educational environment. The article defines and substantiates the principles of the formation of personal safety of students, provides an essential characteristic of the pedagogical process of formation of personal safety of students, considers the technology of formation of personal safety of students based on the competence approach, reveals the content of the competences of the individual in the sphere of life safety. The purpose of this article is to study the process of forming the personal safety of students in the system of professional education in higher technical institutions of a technical profile. The methodology on which the research is grounded is based on the methodological principles of systematicity and an interdisciplinary approach and includes the use of a complex of general scientific methods, namely explanation, comparison, classification, generalization, and systematization. Based on them, a model of forming students' competencies in the life safety field was built. Within the framework of our research, the following results were achieved: the views of scientists on the issue of the formation of security competencies among students in the new context of the construction of Ukrainian society in conditions of war were summarized; the principles of forming students' personal safety based on the competence approach are substantiated; tasks for the development of students' competencies in the field of life safety are formulated; a structural model of students' competencies and the process of their formation in the field of life safety was built. The conclusions allow us to state that the problem of security is complex and multifaceted, since conflicts, wars or unstable state structures often have not only local significance, but also global consequences due to a closely interconnected and globalized world. The formation of personal safety competencies in students as future specialists is important as a basis for self-preservation, self-development and self-improvement. For this purpose, educational professional programs of technical universities should include fundamental educational disciplines that will ensure the development of worldview principles of life safety and determine generally accepted safety needs and generally recognized safety mechanisms.

Trends and Situation of Housing at Athpahariya Community in Dhankuta

Sanitary housing is one of the basic requirements for healthy living, for safety also included as fundamental right. Housing situation of households and structure reflects the socio economic and cultural identity of people. It is also determined by environmental condition. Athpahariya Rai community is a rare community found especially at Dhankuta. A self-administered structured and unstructured questionnaire in Nepali language was used to obtain information from household head, observation, discussion with key informant are used in this study. Most of the traditional households are in insanitary condition with cattle shed. The structure of household has been slightly changed with improving socio economic status and support of Dhankuta municipality but there is not any significant change in living standard of people with low productivity of land, lack of safe drinking water, low level of literacy etc. Roof is changed from straw to zinc sheet and bamboo wall has been changed into stone and mud wall, there are very few household with concrete structure. Modernity towards shelter is just started in terms of shelter in the study area.

The right to food: A fundamental human right and its imperatives

In an age of unprecedented global wealth and technological advancement, the persistence of hunger and food insecurity remains one of the most glaring contradictions of our time. The right to food is a fundamental human right enshrined in various international treaties and national constitutions. Yet, despite this recognition, millions of people across the globe continue to suffer from malnutrition and starvation, highlighting a critical need for holistic action to uphold this fundamental right. Available statistics reveal that Africa bears a disproportionate burden of malnutrition and food insecurity accounting for 20 percent and 61 percent2 of the population respectively. There is a link between access to food in the right quantity and quality and the cognitive development of children which has a spillover effect on the productivity of nations [2, 3]. It is time to reaffirm our commitment to ensuring that this basic right is upheld for all. This right is essential not only for ensuring that individuals lead healthy and productive lives but also for promoting broader social and economic stability. This editorial explores the dimensions of the right to food, its implications, and the urgent need for a coordinated effort to address food insecurity.

Twenty-five years of the United Nations General Comment number 12 on the human right to adequate food – malnutrition continues to surge

The human right to adequate food is one of the most fundamental human rights crucial for the sustenance of the planet, and the prosperity of all people. It is firmly established in international human rights instruments and is clarified in the United Nations’ General Comment 12 (GC 12). However, deep vulnerabilities and deprivation of the right to adequate food in the form of hunger, food insecurity and malnutrition have persisted in many parts of the world. The climate-induced disasters also continues to devastate many communities, thereby depriving them of their rights including adequate food. This commentary provides a broader perspective on the 25 years of the GC 12 to stimulate further debate and actions to entrench human rights, especially the right to adequate food, at the centre of the food systems transformation and overall sustainable development agenda. This year 2024, marks 25 years of the Global Compact 12 on the human right to adequate food. While it is an important opportunity to celebrate this great achievement of engraining this right into the wider sphere of global reference at the United Nations level, the domestication in countries into actions that concretely address the problem of hunger and malnutrition has been slow in many countries. The world is now faced with the grim realities of starving populations arising from unnecessary and unjust wars, and food continues to be used as a weapon of war against international law and human imagination. Worse still, in the current environment of climate change and its adverse effects on food systems, SDG2 (Zero hunger by 2030), seems unrealistic. Finally, it is no longer a question of providing carbohydrates, as the need to address quality, safety, nutrition and cultural acceptability is ever so pressing. Going forward, there is a need to accelerate advocacy efforts, research and policy formulation that fully operationalise GC 12 in country-level food systems and nutrition interventions. Realization of the right to adequate food benchmarks in GC 12 should certainly be the penultimate of such interventions as strategic food reserves, poverty and hunger reduction programmes, humanitarian disaster preparedness, contingency funding, social protection and child care among others.

REGULAÇÃO LEGAL DAS REDES SOCIAIS: PROTEÇÃO DE DADOS E LIBERDADE DE EXPRESSÃO

The legal regulation of social networks is a field in constant evolution, which seeks to balance two fundamental pillars in the digital era: data protection and freedom of expression. Social networks manage a huge amount of personal data, which makes the existence of legal frameworks that protect users’ privacy imperative. Regulations such as the General Data Protection Regulation (GDPR) in the European Union and the General Data Protection Law (LGPD) in Brazil establish strict standards on how platforms must manage personal information. These laws not only allow users to access, correct or delete their data, but also impose sanctions on companies that do not comply with these requirements, ensuring a high level of security and transparency. At the same time, freedom of expression is a fundamental right that must be protected in the digital environment. However, exercising this right on social media often conflicts with the need to moderate content that may be considered offensive, dangerous or even illegal. Platforms implement moderation policies to mitigate the spread of hate speech, misinformation, and other harmful content. This, however, creates significant challenges in relation to censorship and the delimitation of permitted speech, which can affect the free expression of ideas and opinions. The challenge lies in finding an appropriate balance between protecting users’ privacy and data and enabling robust freedom of expression. An excessive focus on data protection can limit users’ ability to express themselves freely, while unrestricted freedom of expression can put individuals’ security and privacy at risk. As social media becomes more deeply integrated into everyday life and becomes a key platform for communication and the exchange of ideas, it is essential that regulations continue to adapt to address these dilemmas in a balanced and fair way. The future of regulation in this field will depend on the ability of legislators and platforms to adapt to rapid technological and social changes. ensuring that both rights are protected effectively and equitably.

Refugee Rights and International Law: Evaluating the Efficacy of Global Humanitarian Responses to Forced Displacement

The increasing scale of forced displacement due to conflict, persecution, and environmental crises has brought refugee rights to the forefront of global humanitarian discourse. This article critically examines the efficacy of international law in protecting refugee rights and assessing global responses to the growing refugee crisis. Through an analysis of key international legal frameworks, such as the 1951 Refugee Convention and the role of the United Nations High Commissioner for Refugees (UNHCR), the study evaluates the adequacy of current policies in addressing the challenges faced by refugees. It highlights gaps in protection, such as unequal burden-sharing among nations, restricted access to asylum, and prolonged displacement in refugee camps. Case studies from various regions reveal how inconsistent application of international law undermines refugees’ access to fundamental rights, including safety, healthcare, and education. The article argues for stronger international cooperation, better policy implementation, and more robust legal mechanisms to ensure the protection of refugee rights. It concludes by offering recommendations for improving global humanitarian responses and creating more equitable and sustainable solutions for forced displacement.

Analyzing Unimproved Drinking Water Sources and Their Determinants Using Supervised Machine Learning: Evidence from the Somaliland Demographic Health Survey 2020

Access to clean and safe drinking water is a fundamental human right. Despite global efforts, including the UN’s “Water for Life” program, a significant portion of the population in developing countries, including Somaliland, continues to rely on unimproved water sources. These unimproved sources contribute to poor health outcomes, particularly for children. This study aimed to investigate the factors associated with the use of unimproved drinking water sources in Somaliland by employing supervised machine learning models to predict patterns and determinants based on data from the 2020 Somaliland Demographic and Health Survey (SHDS). Secondary data from SHDS 2020 were used, encompassing 8384 households across Somaliland. A multilevel logistic regression model was applied to analyze the individual- and community-level factors influencing the use of unimproved water sources. In addition, machine learning models, including logistic regression, decision tree, random forest, support vector machine (SVM), and K-nearest neighbor (KNN), were compared in terms of accuracy, sensitivity, specificity, and other metrics using cross-validation techniques. This study uses supervised machine learning models to analyze unimproved drinking water sources in Somaliland, providing data-driven insights into the complex determinants of water access. This enhances predictive accuracy and informs targeted interventions, offering a robust framework for addressing water-related public health issues in Somaliland. The analysis identified key determinants of unimproved water source usage, including socioeconomic status, education, region, and household characteristics. The random forest model performed the best with an accuracy of 93.57% and an area under the curve (AUC) score of 98%. Decision tree and KNN also exhibited strong performance, while SVM had the lowest predictive accuracy. This study highlights the role of socioeconomic and community factors in determining access to clean drinking water in Somali Land. Factors such as age, education, gender, household wealth, media access, urban or rural residence, poverty level, and literacy level significantly influenced access. Local policies and resource availability also contribute to variations in access. These findings suggest that targeted interventions aimed at improving education, infrastructure, and community water management practices can significantly reduce reliance on unimproved water sources and improve the overall public health.

No need to look, trust me! Mutual trust and distrust in the European arrest warrant system

Abstract No cooperative scheme in EU law has displayed bigger tensions between mutual trust and fundamental rights protection than the EAW system. Despite the requirement developed by the CJEU for national courts to trust each other and recognise each other’s arrest warrants, the reality on the ground has shown high levels of distrust between national courts regarding Member States’ alignment with core EU values. In this contribution, we analyze how the CJEU has managed such tensions in the EAW system. To that effect, we first put the Court’s EAW case law into context by examining the broader language of mutual trust used by the Court in other fields of EU law. In doing so, we point out how the Court has espoused different levels of lawful distrust to be exercised in different circumstances under the scope of application of mutual trust. Given that broader context, it is contradictory for the Court to mainly view mutual trust as a requirement rather than a reality in need of permanent and continuing justification between national authorities. The latter conception of mutual trust is more apt to be the basis of EU horizontal cooperation, which must be value-based and sincere according to the Treaties. Therefore, we propose a bidimensional account of mutual trust as a legal principle, one that accommodates both trust and distrust as tools for managing the uncertainty and dynamic nature of trust-based cooperation. Finally, we explore how such account of mutual (dis)trust can be concretised by the Court and other political institutions.

Criminal liability for human trafficking in the context of the war in Ukraine: Challenges and impact

Martial law and travel restrictions for citizens aged 18 to 60 were introduced after Russia's actions against Ukraine, but exceptions to this rule quickly emerged due to the potential negative consequences for the economy, politics and humanitarian situation. Despite this, society still faces difficulties related to the restriction of fundamental human rights. The study is important because of the increase in criminal behaviour associated with illegal crossing of the Ukrainian border during the conflict. The effectiveness of measures to counter this phenomenon and the socio-economic consequences for Europe can be determined by comparing them to European standards. This comparative analysis will also help to develop recommendations for improving legislation and international cooperation in this area. The research methods used in this study include systemic and structural, formal legal, comparative legal, logical and semantic, dialectical, sociological, statistical, empirical, and analytical. The purpose of this study is to analyse criminal liability for illegal crossing of the State border of Ukraine in the context of the military situation and to identify ways to improve legislation and international cooperation to effectively counter this phenomenon.

Procedural fairness in automated asylum procedures: Fundamental rights for fundamental challenges

In response to the increasing digitalization of asylum procedures, this paper examines the legal challenges surrounding the use of automated tools in refugee status determination (RSD). Focusing on the European Union (EU) context, where interoperable databases and advanced technologies are employed to streamline asylum processes, the paper asks how EU fundamental rights can address the challenges that automation raises. Through a comprehensive analysis of EU law and several real-life cases, the paper focuses on the relationship between procedural fairness and the use of automated tools to provide evidence in RSD. The paper illustrates what standards apply to automated systems based on a legal doctrinal analysis of EU primary and secondary law and emerging case law from national courts and the CJEU. The article contends that the rights to privacy and data protection enhance procedural fairness in asylum procedures and shows how they can be leveraged for increased protection of asylum seekers and refugees. Moreover, the paper also claims that asylum authorities carry a new pivotal responsibility as the medium between the technologies, asylum seekers and their rights.

Exploring innovative approaches to fundraising for palliative care

Palliative care is a holistic approach aimed at improving the quality of life for those facing life-limiting illnesses and their families. Palliative care services often face financial constraints that restrict their ability to reach all those in need. There are difficulties accessing traditional funding mechanisms; therefore, innovative fundraising strategies are required to sustain and expand palliative care initiatives. In this paper, diverse fundraising approaches for palliative care are described, based on group discussions and collective brainstorming sessions by clinicians undergoing a Fellowship in Palliative Care. Fundraising approaches that were deemed innovative, yet feasible to apply in each locality, were shortlisted and described, with their strengths and challenges outlined in detail. These approaches include art and photography exhibitions, “piggy-bank” projects, community-based fundraising, charity shops, lottery and lucky draws, shuttle bus services, grants from international organizations and collaborative networks, the use of tap-on technology, festive events, and restaurant partnerships. It is hoped that through these innovative approaches, collaborative efforts, strategic planning, and resource mobilization, it would be possible to generate funds to develop and provide palliative care services for those in need to fulfill a fundamental human right.

Language and Literacy Education in Austria: Teachers’ Perspectives

This study examines the critical role of language and literacy in educational contexts, emphasizing their significance in human development and social inclusion. Drawing on a diverse range of literature and research, this study explores the interconnectedness of language acquisition, literacy development, and educational practices. Highlighting language and literacy as fundamental human rights, this study underscores the importance of inclusive and equitable education. Through qualitative methods, including online questionnaires (n=18) and interviews (n=8) with teachers, this study investigates the implementation of language and literacy education in Austrian primary schools as well as the challenges faced by educators in this domain. The findings reveal diverse teaching methodologies employed by teachers, ranging from shared book reading to digital tools, while also identifying obstacles, such as multilingualism, professional training deficiencies, and student engagement issues. The study’s findings strongly support the need for targeted interventions to improve educational outcomes. Specifically, the challenges identified—particularly multilingualism and training gaps—underscore the necessity of ongoing professional development tailored to teachers’ specific needs. Enhancing teacher training programs with a focus on multilingual pedagogy and culturally responsive teaching can directly address these obstacles. Furthermore, the findings suggest that improving student engagement requires innovative and adaptable teaching methodologies, such as integrating digital literacy tools more effectively into the curriculum.

Breaking the chains of discrimination: an assessment of India’s legal framework and rehabilitation initiatives for manual scavengers

ABSTRACT Tragically, between March and April of 2023, during a period lasting just one month, eight individuals perished while undertaking one of society’s most hazardous jobs: cleaning sewers. These fatalities have resurrected anxieties regarding the persisting deaths among manual scavengers despite explicit legal prohibitions against such practices nationwide. Despite legal efforts against it, news reports reveal that this harmful practice continues across India. The dangers are real for those who work in septic tanks or sewage systems, with incidents frequently cited where death results from accidental asphyxiation. Through a comprehensive analysis of social and legal factors at play for manual scavengers, this research looks into how far the laws and government schemes have successfully improved the condition of manual scavengers. It explores recent court cases alongside legal developments to determine efficacy while highlighting challenges faced in the implementation stages of relevant laws. By considering cultural perspectives and these factors, it becomes clear that pervasive stigmatization has severe psychological consequences for those working as manual scavengers within India’s caste system today. This research highlights how this scenario affects those who scavenge as they deal with being socially excluded while enduring economic exploitation and denying their fundamental human rights and dignity. Furthermore, it examines current rehabilitation plans by analyzing their efficacy and what hinders implementation through social empowerment initiatives for these individuals who manually scavenge human waste.

Railway security checks at the border: between intrusive security technologies and fundamental traveller rights.

European railway borders are facing a particular exposure to security threats and need a delicate balance between securitization and free movement, especially amid globalisation, the current geopolitical landscape and increased migrant flows. For example, the war in Ukraine illustrated the challenges experienced at the Eastern EU borders by the refugee migration surge in early 2022. This exploratory focuses on the European border security control process from the rail border perspective. It encompasses a descriptive synthesis of the lessons learned from the UIC Refugee Task Force as well as insights from the ongoing EU-funded Horizon Europe project ODYSSEUS (Unobtrusive Technologies for Secure and Seamless Border Crossing for Travel Facilitation). Project ODYSSEUS aims to support the security and integrity of the European space, reduce illegal movements of people and goods across EU borders, facilitate travelling for citizens all while protecting fundamental rights of travellers. The project will test a combination of multi-behavioural and General Data Protection Regulation (GDPR) compliant biometric user identity verification tools, allowing, when possible, citizens to cross EU border without any interruption or queue. Further, novel luggage and baggage checks will allow citizens' vehicles and cargos to be remotely checked at land borders to speed up the border check processes in a secure and reliable manner. The project will run three pilot tests at road, rail and water borders. In this paper, we analyse the implementation of project's technologies in the rail border crossing pilot test and discuss the implications for the actors involved in the process of railway border crossing (e.g., border authorities, railway operators and railway travellers).

A review of the knowledge structure and trends in research on the interlinkages between the rule of law and environmental sustainability

AbstractThe interplay between nature and human activities is important for both human well‐being and the health of our planet. The rule of law is central to maintaining harmony between environmental needs and human endeavors. Since the early 1990s, particularly after the Earth Summit in 1992, there has been an increased interest in the relationship between environmental sustainability and legal frameworks. This has led to a significant expansion in the field, encompassing a wide array of research. Despite the field's growth, there is still a lack of review papers that explore its knowledge structure and evolution. This study aims to conduct a comprehensive bibliometric analysis of the literature by employing the Visualization of Similarities (VOS) viewer software. We identify key thematic areas within the field, highlight influential authors and journals, and specify major contributing countries and institutions. The findings show that the initial focus was on limited themes, which later gave way to an acknowledgment of the multidimensional nature of the subject. Certain themes, such as environmental emissions and governance, retain prominence. Among the focal themes, sustainability, climate change, and democracy are particularly influential in shaping the field's trajectory. Despite this evolution, certain aspects of both concepts, such as waste and water management, fundamental rights and justice system, and the importance of socio‐economic factors, remain underrepresented. This study offers valuable insights into the linkage between the rule of law and environmental sustainability themes and the associated themes.

Case C-80/23: A Quest for Clarity. The Law Enforcement Directive 2016/680, a Bulgarian Court and Case C-205/21

Abstract This contribution examines the legal intricacies surrounding law enforcement data collection practices in Bulgaria within the framework of the Law Enforcement Directive 2016/680 (LED) and relevant Court of Justice of the European Union (CJEU) rulings, particularly cases C-205/21 and C-80/23. The analysis underscores challenges in interpreting the concept of “strict necessity” and ensuring compliance with its provisions, in particular, Art. 10. Key findings reveal ambiguities in the LED’s application, particularly concerning judicial review and the scope of data collection. The subsequent Case C-80/23 further seeks clarification on the strict necessity standard and the scope of judicial review in the collection of biometric and genetic data. The outcome of both cases has broader implications for EU member states, highlighting the need for legislative alignment and underscoring the complexities and challenges in balancing effective law enforcement with the protection of fundamental rights.

Theoretical and Legal Foundations for the Protection of Environmental Rights as Part of Political Rights in Kyrgyzstan

This article examines the theoretical and legal foundations for the protection of environmental rights as integral components of political rights in the Kyrgyz Republic. It explores the evolution of environmental rights within the broader framework of human rights and political freedoms, highlighting their significance in the context of sustainable development and democratic governance. The study analyzes the existing legal frameworks, including constitutional provisions and international agreements, that support the recognition and enforcement of environmental rights in Kyrgyzstan. It also addresses the challenges and opportunities in integrating environmental rights into the political rights discourse, emphasizing the role of civic engagement, public policy, and legal reforms. The findings underscore the importance of strengthening legal mechanisms to ensure the effective protection of environmental rights as fundamental political rights, contributing to the overall enhancement of environmental governance in the Kyrgyz Republic.

IDENTIFICAÇÃO E ABRANGÊNCIA DA AUTONOMIA PRIVADA

Private autonomy is a fundamental concept in democratic societies, recognizing individuals' capacity to exercise their will and make decisions within the context of their private relationships. This article aims to provide an understanding of the identification and scope of the principle of private autonomy in the legal sphere, its interaction with other relevant legal principles, the limits imposed by public order and fundamental rights, its evolution and challenges. Special attention will be given to how this principle is understood and applied in the Brazilian legal system. The presentation and analysis of practical cases in different legal relationships intends to clearly demonstrate the evolution of the autonomy of the will to private autonomy, to highlight the limits and extent of its application and to contribute to the academic debate and the development of Civil Law.