Fundamental Rights Research Articles

How do we develop trust in artificial intelligence (AI), which can threaten our fundamental rights or might cause physical harm? This article proposes a governance-centred framework and argues that trust in high-risk AI systems is a function not only of the features of the technology and personal traits but is also a function of trust in institutions under which they operate. The article tests and compares the validity of the framework using 3,600 online survey responses in Seoul, Singapore, and Tokyo. The results show the significant differences in patterns of institutional trust that directly affect the degree of trust in high-risk AI in the three cities.

The right to privacy is an important value in medical ethics. This study was aimed at determining privacy-related attitudes and awareness of inpatients receiving health services in health institutions and revealing the affecting factors. In this descriptive, cross-sectional study, 194 patients hospitalized in the general surgery department of a university hospital were included. Data were collected using a two-part questionnaire. In the first part of the questionnaire, questions on the participant's descriptive characteristics and their knowledge about the subject were included. The second part included the "Patient Privacy Awareness and Attitude Scale." The mean age of the participants was 47.60±16.47years. Of them, 60.8% were women, 83.0% were knowledgeable about patient privacy and 90.2% had heard of the concept of patient rights. A significant relationship was determined between the participants' awareness of patient privacy, and variables such as age, education level, financial status and knowledge about privacy. In this study, the majority of the participants were knowledgeable of patient privacy. Almost all of them thought that healthcare personnel were careful about patient privacy. While medical interventions were implemented, it was observed that the participants' body privacy-related awareness levels were high. Patients' awareness of privacy is extremely important. Informational privacy is as important as physical privacy. Patients' awareness of privacy is extremely important. Informational privacy is as crucial as physical privacy. Patients' awareness of patient rights and privacy is crucial during the healthcare process. Patient rights are the embodiment of fundamental human rights within the context of the right to health. A heightened patient awareness of their rights is effective in increasing satisfaction with healthcare services. This study is believed to be effective in raising patient awareness of privacy. This study aimed to determine the privacy attitudes and influencing factors of patients in a surgical clinic. Privacy is an important value in medical practice.

In the field of penitentiary and prison systems, research and development have always kept at the very forefront, responding to situations that may arise during the execution of convictions. In many cases, significant progress has been made, especially when fundamental rights are violated or restricted. However, other aspects have been overlooked, without even being recognized as guarantees that require protection through mandatory regulations.That is the case of intimate visits within penitentiary and prison facilities, something that, even today, lacks a clear definition, a solid legal framework, and rules that allow for its proper implementation. This article aims to explore the concept of intimacy, examine the ways in which it can be regulated, and, most importantly, emphasize the need to recognize it as a fundamental right that fosters some connection between life in confinement and life in freedom.

States have a heightened duty of care owed to persons deprived of their liberty extending beyond the prohibition of torture and discrimination. Due to their complete reliance on the State, provision of adequate and quality nutrition in prison is a fundamental human right of those detained. Failure to meet the basic requirements of sustenance or deny/restrict food constitutes cruel, inhuman or degrading treatment, or even torture. In order to examine global progress in protecting and upholding the rights of people living in prisons to adequate food and nutrition, we conducted a global socio-legal assessment of the United Nations (UN) Human Rights Treaty Bodies (Committee against Torture, Committee for the Rights of the Child, Human Rights Committee, Committee on the Elimination of Discrimination against Women); and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) mission reporting on selected prisons since 2015. A comprehensive global search in English and French was conducted on the Council of Europe and the UN Human Rights Treaty databases. Following double screening, the final dataset of 237 reports spanning six continents (129 countries) was charted, tabularized against norms and standards (UN Nelson Mandela Rules, Bangkok Rules, the European Prison Rules) and analyzed thematically. Identified areas of concern and possible human rights violations documented by prison inspections centered on six key themes: geographies where the right to adequate food in prisons is of concern; inadequacy of food provision; poor food preparation practices, environmental health standards and disease; reliance on external support for food, corruption and exploitation; food as punishment and control measure; and vulnerability of special populations in prison. Despite international and regional human rights norms and assurances, prison inspections revealed that standards and adequacy of food and nutrition in prisons are often lacking due to resource scarcity, violence, punishment, inter-personal dynamics and corruption. UN Human Rights Treaty Bodies and CPT inspections must continue to thoroughly assess food standards and provision in prisons, ensure that the denial or restriction of food as punishment is prohibited, and include a focus on those with gender and age-related, religious and medical needs.

Poverty is a multidimensional issue that not only involves economic limitations but also reflects violations of fundamental human rights such as the right to food, health, education, decent employment, and socio-political participation. This study aims to analyze the legal innovations implemented by the Tegal Regency Government in formulating poverty alleviation policies based on budget efficiency. Using an empirical and philosophical approach, this research views law not only as an ideal set of norms but also as a dynamic social phenomenon within society. The findings reveal that legal innovation is manifested through the strengthening of juridical aspects in regional policies, the integration and synergy of four flagship poverty alleviation programs, and the implementation of the initiative “One Regional Apparatus, One Assisted Village,” which involves all elements of local government. In addition, active community participation and the utilization of corporate social responsibility (CSR) funds from regional and state-owned enterprises serve as crucial supporting factors in enhancing the sustainability and effectiveness of poverty alleviation programs in Tegal Regency.

This article analyzes the tensions between the application of the Maria da Penha Law (Law No. 11,340/2006) and the constitutional principle of presumption of innocence of the investigated or accused man. Based on qualitative, descriptive, and bibliographical research grounded in contemporary doctrine, legislation, and recent jurisprudence, it examines how the law’s protective mechanisms may, in certain cases, generate procedural imbalance and affect fundamental rights. The study shows that the promptness of urgent protective measures, while essential for safeguarding women in situations of violence, can cause significant legal, social, and psychological harm to the accused, including moral, material, and emotional damages. It concludes that improving investigation mechanisms, promoting continuous training for legal professionals, and ensuring rigorous technical application of criminal law are necessary to balance victim protection with the preservation of constitutional guarantees, ensuring justice system effectiveness.

Education is a fundamental right of every individual, which helps to ensure a safer, healthier and more prosperous society. The efficacy of an educational system is contingent upon the educational achievements of its teachers, as the quality and dedication of educators directly influence the overall quality of education provided. The study ascertained the lecturers of the Faculties and Colleges of Education’s awareness level of the component of the National Teacher Education Policy (NTEP) in Southwestern Nigeria. It also identified factors affecting lecturers of the Faculties and Colleges of Education’s awareness of NTEP in Southwestern Nigeria. The study adopted the descriptive survey research design. The population for the study comprised all the 2009 lecturers in the Faculties and Colleges of Education in Southwestern Nigeria. A sample size of 1005 lecturers was selected using a multistage sampling procedure. Two research instruments were used for data collection, namely: National Teacher Education Policy Awareness and Implementation Questionnaire for Faculties of Education Lecturers (NTEPAIQFEL, r = 0.92) and National Teacher Education Policy Awareness and Implementation Questionnaire for Colleges of Education Lecturers (NTEPAIQCEL, r = 0.86). Data collected were analysed using percentage, frequency count and ranking. Results showed that the level of lecturers of the Faculties of Education awareness of the component of NTEP in Southwestern Nigeria ranged from a high level of awareness (21.1%) to a low level of awareness (18.5%); and Colleges of Education: high (13.9%) to low (20.2%). It also revealed that factors affecting lecturers of Faculties of Education awareness level of NTEP ranged from poor funding (RII=0.863) and the government’s effort in creating awareness of the policy (RII=0.763); and Colleges of Education: poor funding (RII=0.804) to availability of NTEP copies in libraries (RII=0.711). The study concluded that the level of lecturers of the Faculties of Education of the component of NTEP ranged from a high level of awareness (21.1%) to a low level of awareness (18.5%); and Colleges of Education: high (13.9%) to low (20.2%), and this makes the implementation of the policy difficult.

The article examines 30 years of the transportation accessibility law in Argentina, focusing on the Buenos Aires subway system. Despite the legal framework, this mode of transport continues to present significant architectural barriers. From an interdisciplinary perspective, the study analyzes physical accessibility as a human right interdependent with other fundamental rights. It details how Law No. 24,314 and its subsequent regulations set deadlines for eliminating architectural barriers, which remain unmet. Additionally, it reviews the subway system's historical background and jurisdictional transfers, emphasizing the primary responsibility of Subterráneos de Buenos Aires Sociedad del Estado (SBASE) in implementing accessibility measures. The article also highlights landmark cases, such as those of Aviani and Fernández, where courts confirmed the insufficiency of completed works and the non-functionality of many elevators. Recent reports reveal that only 13% of stations have functional elevators. Finally, it criticizes the lack of political will and the capture of the state by private interests, which perpetuate structural inequalities.

Abstract The fair remuneration of authors and performers for the exploitation of their work is at the core of the rationales of copyright and related rights. Furthermore, the remuneration of creators benefits form a strong fundamental rights justification at the international and European level. However, the copyright system has since its inception poorly delivered on this objective, the revenues generated by the exploitation of creative works being still often unfairly distributed to authors and performers. Most recently, their revenues have also been affected by crises like the COVID-19 pandemic and the increasing use of generative AI technologies to output works potentially competing with those of human creators. The EU Digital Single Market Directive introduced for the first time in EU law general copyright-contract rules to protect the authors and performers in their contractual relations with derivate rightholders (Arts. 18–22 Directive (EU) 2019/790 (“CDSMD”)). However interesting and positive these rules are in theory, there are doubts that a “contractual-only” protection brings the expected results in practice since it requires the creators to turn against their producers to demand the revision of their agreement, which very often carries negative consequences for creators. National experiences with copyright contract rules have shown little results so far. Therefore, other mechanisms securing that a fair remuneration flows directly back to creators should urgently be considered. Effective implementation of the principle of appropriate and proportionate remuneration of authors and performers pursuant to Art. 18 CDSMD and, more generally, of the fair remuneration rationale of copyright law, thus must result from the combination of several mechanisms that cannot be easily circumvented and which secure efficient revenue flows to creators without burden them excessively with enforcement obligations. In this context, the article argues that wider use of remuneration rights appears the better way forward. Tracing the latest developments, it explores the policy options to implement the different types of remuneration rights (i.e., residual, other per se, and “limitation-based”). It analyzes several national experiences and pending CJEU referrals to identify clear principles for the development, at the EU and international level, of better-functioning remuneration systems for creators, thus securing that the copyright system can (finally) fulfil one of the main functions for which it has been established.

BackgroundAccording to the selection criteria outlined in China’s current basic medical insurance system, the majority of drugs for rare diseases fail to meet the requirements for inclusion. Consequently, patients with rare diseases lack sufficient protection for their fundamental rights to life and health. The purpose of this paper is to explore the construction of a multi-criteria decision analysis (MCDA) system for the inclusion of rare disease drugs in medical insurance.MethodsA preliminary evaluation system was constructed through a systematic literature review, followed by the establishment of a formal evaluation system through expert investigation. Based on the formal system, expert surveys were conducted to score the system attributes, and the pairwise comparison method was used to calculate the weight contribution value of each attribute in the system. The robustness of the system was tested using the bootstrap method.ResultsA multi-criteria decision value evaluation system for the inclusion of rare disease drugs in medical insurance, comprising four primary attributes and 16 secondary attributes, was developed. The four primary attributes and their respective weight contributions are as follows: disease-related aspects (26.6%), treatment-related aspects (25.8%), economic-related aspects (24.0%), and social-related aspects (23.6%). Bootstrap validation confirmed the stability of the system results (p < 0.05).ConclusionThis study initially constructed a value evaluation system for the inclusion of rare disease drugs in medical insurance, based on MCDA and multi-stakeholder perspectives. However, the system relied heavily on expert opinions and lacks empirical analysis. Given the complexity of real-world applications, further validation is necessary to assess the system’s applicability and feasibility.

The European Union (EU) embodies one of the world’s most linguistically diverse regions, encompassing 24 official languages, more than 60 regional and minority languages, and a wide array of immigrant and sign languages. This diversity reflects not only Europe’s cultural and historical pluralism but also its ongoing political and educational challenges. This paper examines the complex landscape of linguistic diversity and language varieties in the EU, analyzing how language policy frameworks, educational initiatives, and institutional practices interact with broader questions of identity, integration, and governance. Drawing on official EU documents, sociolinguistic research, and legal frameworks such as the Charter of Fundamental Rights and the European Charter for Regional or Minority Languages, the study explores the evolution of the EU’s multilingualism policy and its implications for linguistic equality and cohesion. The analysis highlights the persistent tension between the EU’s official commitment to multilingualism and the pragmatic dominance of a few major languages—most notably English, French, and German—within institutions, academia, and international communication. It also considers the sociolinguistic implications of this hierarchy for regional, minority, and immigrant languages. Special attention is given to language education policies and the implementation of the Common European Framework of Reference for Languages (CEFR) as a tool for standardizing learning outcomes across member states. Ultimately, the paper argues for a more inclusive, dynamic, and equitable language policy—one that values all language varieties as integral to the EU’s democratic and cultural fabric and recognizes multilingualism not merely as a policy objective, but as a vital resource for social cohesion, intercultural understanding, and European identity.

Environmental crimes not only damage ecosystems but also violate human rights (HAM), especially the right to a healthy environment. This article highlights how criminal law can be a tool for protecting human rights in the context of the climate crisis. Using a normative legal approach and case studies, this article discusses the effectiveness of criminal law in protecting the rights of communities, including indigenous peoples and future generations, from the impacts of environmental crimes. It is found that even though environmental criminal law is available, human rights protection through this mechanism is still weak due to an approach that emphasizes ecological losses rather than aspects of individual and collective rights. An approach is needed that places environmental rights as part of fundamental human rights. The policy of formulating criminal law in Indonesia to protect victims of environmental crimes in the future is to improve criminal sanctions and add sanctions such as restitution and compensation as part of the main crime. This is important to provide better protection to victims, especially in cases of environmental crimes by corporations. The addition of restitution and compensation sanctions is also regulated in environmental law, including the mechanisms and amounts of compensation. This concept must be regulated in implementing regulations to avoid uncertainty and harm to victims in implementation in the field.

This study investigated the seemingly menaced by turbulent challenges arising from migration which causes brain drain to the economy of the country. It explores the trans-Atlantic migration and its impact on the rights of women in Nigeria. The rising rate of migration by women in Nigeria is traced to lack of access to information and unaware of their rights and this make them vulnerable to unsafe (irregular) migration and exploitation. In most part of States in Nigeria, if not all, women are often seen as having little say in the decisions that affects their lives (limited decision making power) and this, make them more susceptible to trafficking and exploitation. These study delved into how the impact of trans-Atlantic migration by Nigerian women has portrayed the Nigerian image to the outside world and its impact on the socio-economic polity of the country from 2015-2023. Ultimately, the study adopted mixed theories of push-pull factor and abolitionist theories as a framework of analysis. The study is qualitative in nature and data were gathered through secondary sources such as documented evidences/policy, books, journals, internet source. Findings revealed that when practices or policies in a country of one’s origin discriminate against women, for instance, limiting their access to resources or educational opportunities, by hindering their political participation, and their contribution to the society is reduced, there is bond for migration. The study recommended that there is an urgent need for a comprehensive re-orientation of women on their fundamental human rights as well as empowerment of Nigerian women through the Ministry of women Affairs. And abolition of all forms of discrimination melted on women by setting up a task force teams nation-wide to see to its full implementation.

Workplace sanitation facilities play a crucial role in ensuring the health, dignity, and productivity of women workers across various employment sectors. This research paper examines the intersection of workplace sanitation policies and women's health outcomes, exploring how inadequate facilities perpetuate gender inequalities and compromise occupational wellbeing. Through analysis of existing literature and policy frameworks, this paper demonstrates that proper sanitation infrastructure is not merely a matter of convenience but a fundamental human right that directly impacts women's economic participation, physical health, and psychological wellbeing. The paper concludes with recommendations for comprehensive sanitation policies that address the specific needs of women workers.

Introduction. The right to personal integrity as a fundamental somatic right has specific features in its legal entrenchment within the sphere of genomic research. These specificities are manifested in the diversity of its sources, as well as in the uneven reflection in the norm-setting activities of the two main actors in this field: UNESCO and the Council of Europe. Materials and methods. A whole range of scientific methods were used in the course of the study. Among them are comparative legal methods, logical analysis, and others. Research results. This article focuses special attention, in the first place, on the norm-setting activities of UNESCO in ensuring the right to genetic integrity at the universal international level and on the legal instruments it adopts in this area. In the second place, the article analyzes the provisions of the law of the Council of Europe, under whose auspices the Oviedo Convention and a number of additional protocols to it were adopted, which together form a unique regulatory framework for guaranteeing the right to bodily integrity at the international regional level in Europe. Discussion and conclusion. The article substantiates the fundamental nature of the right to genetic integrity as a basis for formulating human genetic rights.

This article examines the regulatory landscape governing temporary employment services (TES) in South Africa, with a focus on job security and the protection of fundamental labour rights. Over the years, the regulation of TES has been problematic, especially with regard to exercising fundamental rights and the right to fair labour practices. Despite legal regulation, TES continue to raise concerns about employees' exploitation and job security. Using a doctrinal and qualitative research methodology, this article explores the vulnerability of TES employees and the complexities inherent in triangular employment relationships. It interrogates constitutional issues, employer accountability and fairness in labour practices in light of landmark decisions like Nape and Assign Services. While there is a recognised need for labour broking relationships, the research underscores persistent concerns surrounding their impact on workers, particularly those earning below the earnings threshold. The article highlights the difficulties of preserving the fundamental rights of and fair labour practices for TES employees. The complexity of the TES relationship is illustrated by means of case law on unfair dismissals and unfair labour practice disputes. The article concludes by making recommendations to bolster the protection of TES employees and to reinforce equitable labour standards.

Abstract This research aims to analyze the impacts of wrongful convictions in sexual crime cases based exclusively on the victim’s testimony. Although the victim’s account is an essential element in criminal proceedings, its isolated assessment has led to the punishment of innocent individuals, in violation of fundamental rights such as the presumption of innocence, the right to adversarial proceedings, and full defense. The study adopts a qualitative methodology, including bibliographic, documentary, and case law analysis, as well as contributions from psychology of testimony and international experiences. Concrete cases highlight the risks of judicial errors, which may be aggravated by factors such as false memories and the absence of corroborative evidence. In this context, criminal review emerges as an indispensable instrument of restorative justice, allowing the correction of fragile convictions and restoring the dignity of those unjustly deprived of liberty. Therefore, this research seeks to contribute to the development of safer evidentiary criteria, balancing victim protection with the safeguarding of defendants’ fundamental rights, thus ensuring greater legitimacy to criminal proceedings. Keywords: wrongful conviction; innocent defendants; sexual crimes; criminal review; victim testimony.

Preventive detention is a precautionary measure provided for in the Brazilian legal system, aimed at ensuring public order, securing the enforcement of criminal law, and preventing the accused from fleeing. Despite its exceptional nature, its excessive use in Brazil has generated serious legal, social, and penitentiary consequences, directly affected individuals’ fundamental rights and compromising the principle of the presumption of innocence. This study aims to analyze the impacts of the overuse of preventive detention, investigating how its frequent application contributes to prison overcrowding, undue anticipation of punishment, and violations of procedural guarantees. The research adopts a quantitative and exploratory approach, including a bibliographic survey and analysis of doctrines, legal norms, and recent jurisprudence. The methodology allows for an understanding of the theoretical foundations of preventive detention, as well as the identification of application patterns that disregard the rights of the accused. Furthermore, the study seeks to discuss legal alternatives and precautionary measures other than detention, in order to promote a more balanced criminal justice system compatible with constitutional rights. The results indicate that the excessive use of preventive detention represents not only a challenge to the effectiveness of justice but also a social problem, highlighting the need for public policies that encourage the adoption of proportional measures respectful of fundamental rights. Thus, the study contributes to the legal and social debate on the rational use of preventive detention and the preservation of the presumption of innocence.

ABSTRACT This study aimed to analyze the legality of using artificial intelligence-based facial recognition technology in criminal investigations in light of fundamental rights, considering that technological innovations are integrated into criminal investigations. The methodological procedures used to guide this research were through a qualitative approach with an exploratory and descriptive objective, including a literature review of legal doctrines on facial recognition, in order to relate the methods to the research problem. Data collection was based on books, scientific articles, master’s dissertations, and doctoral theses, accessed through the following database platforms: Science Direct, SciELO, and Google Scholar. The results indicated that the use of Artificial Intelligence (AI) and facial recognition (FR) in criminal investigations represents a significant technological advancement for the justice system, promoting speed and efficiency in police and judicial actions. However, these technological innovations raise significant and serious concerns regarding the protection of fundamental rights, especially regarding privacy, the presumption of innocence, and due process. Recent rulings by the Superior Court of Justice (STJ) have shown that the misuse of facial recognition without proper legal procedures can result in judicial errors and rights violations. Therefore, it is concluded that the applicability of technological innovations in criminal investigations must be guided by rigorous ethical, technical, and legal criteria, utilizing control mechanisms, human oversight, and regulations. This highlights that the balance between investigative efficiency and respect for human rights is crucial for Artificial Intelligence’s responsible and fair contribution to the criminal justice system. Keywords: Technological innovations. Facial recognition. Criminal investigation. Fundamental rights.

The Mobile Emergency Care Service (SAMU 192) is one of the main instruments of the Brazilian Unified Health System (SUS), being essential for the realization of the fundamental rights to health and life, as established in the 1988 Federal Constitution. Its function goes beyond mere emergency medical care, representing a public policy aimed at the immediate protection of life and risk reduction in critical situations. This research aims, in general, to analyze the State’s responsibility for the lack of functioning of SAMU 192, investigating the legal and social consequences of this omission and its impact on the population, especially in more vulnerable communities. The specific objectives consist of examining the legal and constitutional framework that obliges the State to maintain the service in full operation, identifying structural problems that affect its efficiency, and discussing measures capable of ensuring greater effectiveness in service delivery. The central research question is as follows: does the absence or inefficiency of SAMU constitute a violation of the fundamental rights to health and life, and what are the legal implications arising from this omission? Methodologically, this is an exploratory and qualitative study based on bibliographic review, normative, doctrinal, and jurisprudential analysis, as well as the examination of statistical data on service failures. A comparative analysis with international reference models will also be conducted, aiming to identify best practices applicable to the Brazilian context. Thus, the study intends to demonstrate that SAMU’s inoperability goes beyond administrative failures, constituting a serious affront to fundamental rights, with legal consequences for the State and social consequences for citizens. The study concludes on the necessity of strengthening public emergency policies to reduce inequalities, prevent harm, and ensure greater effectiveness in fulfilling the State’s duty to protect health and life.