Fundamental Rights Research Articles

MÍDIA E PROCESSO PENAL: A INFLUÊNCIA DA COBERTURA MIDIÁTICA NAS DECISÕES JUDICIAIS E AS VIOLAÇÕES AOS PRINCÍPIOS CONSTITUCIONAIS

The media coverage in the Brazilian criminal justice system, especially in the Jury Court, has raised concerns about the impartiality of judicial decisions by interfering with the fundamental rights of defendants. This study aims to analyze the influence of the media on the criminal process, highlighting violations of constitutional principles such as due process, the presumption of innocence, the right to a fair trial, and the right to a broad defense. The impact of public opinion pressure, often fueled by sensationalist media coverage of high-profile cases, is discussed in the context of the impartiality of jurors. The main objective is to propose strategies to mitigate this media interference, including jury sequestration, precise guidance for jurors, and the implementation of measures like "gag orders." The research adopts a qualitative and descriptive approach, based on bibliographical review and the analysis of a concrete case, the Nardoni Case, to illustrate the effects of media on the criminal process. The study suggests that, although it is difficult to completely eliminate media influence, the adoption of effective measures can contribute to ensuring a fairer and more transparent trial, respecting the constitutional rights of the defendants.

Influence of teachers’ appraisal on teaching methods on students’ academic performance in public schools for Kenya certificate of secondary education

The Universal Declaration of Human Rights has declared that education is fundamental human rights to the well-being of any society. Therefore, the study was motivated by the need to improve students’ academic performance in Kenya Certificate of Secondary Education examination, a case in Laikipia County, Kenya. The study was guided by one objective. To examine how appraisal of teachers teaching methodology influences students’ performance in Kenya Certificate of Secondary Education in Laikipia County. The study targeted 94 public secondary schools which comprises of 94 principals and 1100 teachers in Laikipia County. Purposive sampling was used to select 45 principals while simple random sampling was used to select 300 teachers. Questionnaires were used to collect data from principals and teachers. The findings of the null hypothesis there is no significant relationship between teacher appraisal on teaching methods and students’ academic performance using Chi square test was = 0.9625 3.84l. The null hypothesis was rejected hence there is a significant relationship between teacher appraisal on teaching methods and students’ academic performance. The study recommends TSC to establish, amend, the current appraisal process and provide professional development growth of teachers to enable them to be motivated when preparing and planning for instruction. To teachers, there is need to have high levels of commitments in preparation and planning, use of relevant teaching /learning materials and use diverse methods which leads to quality teachings and learning process in all classes

The cornerstones of the protection of fundamental rights in criminal matters in the EU

The present paper aims to provide an outline of the protection of fundamental rights, especially the right to a fair trial, from the perspective of criminal procedure and mutual legal assistance in criminal matters in the European Union. It concentrates on the attitude of the Court of Justice of the European Union (CJEU) towards the protection of fundamental rights on a European level - as opposed to national level -, also taking into account the evolution of the system of the European judicial protection of fundamental rights with respect to the dialogue between national ordinary courts and national constitutional courts and the CJEU. The central thematic element is the jurisprudence of the Court of Justice of the European Union, concentrating on the evolution of its case law concerning fundamental rights in criminal procedure and mutual legal assistance in criminal matters during the last two decades, which is the eraof the growing importance of criminal law and criminal procedural law in EU law. The background is rather the horizontal and vertical cooperation incriminal matters, its evolution, the central role of the principle of mutual recognition and the underlying mutual trust of the Member States’ authorities in respect of each other’s criminal justice systems. The relevance of both harmonisation and the application of the mutual recognition principle to mutual legal assistance is inevitably connected to both the similarities and the differences of national legislation and criminal justice systems which are the basis of the preliminary ruling procedures of the Court of Justice of the European Union which also serves as a driving force of mutual trust and development in the area of European criminal law, while also bearing a growing importance in the system of judicial protection of fundamental rights throughout Europe.

The Relevance of the Passing of Time in Criminal Law, with Special Reference to Due Process

The requirement for the conclusion of criminal proceedings within a reasonable time appears as a component of the right to a fair trial in international human rights documents as well as among the national fundamental rights. The passage of time and the prolongation of criminal proceedings are considered by courts as mitigating factors during sentencing. However, taking these factors into account as mitigating circumstances is not unproblematic, as there is no objective point in time after which one can definitively state that the criminal authorities violated the requirement for adjudication within a reasonable time. In my study, I am investigating the criteria by which the European Court of Human Rights (ECHR) examines compliance with the requirement of reasonable time and how the prolongation of proceedings is treated as a mitigating factor in Hungarian judicial practice.

Approximation of the Absorption Spectrum of Indium Phosphide in the Context of Simulation of the Process of Sensitivity Enhancement

Examines the fundamental rights of Phosphide of India, legitimized by Tellur and, in the last resort, compensated for. Data on the composition of four high-quality images of the InP: Cu photoelectronic spectrum are presented in the individual layers. The work is characterized by the semi-empiric approach to photoconduction of InP: Cu oxide films. It is concluded that the photoresistance Iph (α(ћω)) was analytically approximated as the function of the experimental-complete spectral distribution of the coefficiency phosphorus india. It is proposed to use five approximating functions with the aim of analyzing the coefficient of absorption of Indian phosphorus α(ћω). Completed 5 locations with different signs of median isolation. On the basis of analytical amplitudes, the complete analytical amplitude Iph(α(ћω)) is modelled. Analogously, five conclusions were drawn that indicate a sign of median isolation. Five non-stationary measures of IF photometry have been taken (as two functions: co-efficiency of exposure, as photo energy functions, and time-consuming observations) in normal situations. The answer to the question is the most mathematical and physical solution of the proximate function α(ћω). Obviously, it shows that this the degree of variance is optimal for its implementation (inclusion of this degree of variance in the structure Iph = f(α) and α = f(ћω)) of the complete analytical description of the process photoconductivity. It should be noted that subsequent research may be based on the establishment of physical bases of photoconductivity in the short wave of fundamental transfers of phosphorus from India, as well as research into the properties of air on the high InP: Cu layer, with its stability and stability.

O TRABALHO INFORMAL, A ECONOMIA INFORMAL E OS DEFASIOS ASSOCIADOS À PRECARIZAÇÃO DO TRABALHO

The lack of effective public policies to address the precariousness of informal work has profound consequences, including increased social inequality, economic vulnerability, and the violation of labor rights. This issue is relevant not only from an economic point of view, but also from a legal and social point of view, as it involves the protection of fundamental human rights, such as the right to decent work and social protection. By critically analyzing existing legislation, identifying gaps, and proposing new legislative approaches, the survey can offer valuable insights for the formulation of more effective public policies and for strengthening the legal framework for the protection of informal workers. Additionally, by considering the nuances and complexities of the legal issues involved, research can help develop more sophisticated and relevant legal theories and concepts to address emerging labor market challenges. Although there is a vast academic literature on informal work and the precariousness of work, there is a significant lack of studies that address these issues from an in-depth legal perspective. The proposed research will fill this gap by providing a detailed analysis of the legal issues related to informal work and identifying concrete legal strategies to address the challenges of job insecurity. In this way, it will contribute to the advancement of legal knowledge in this area and to the development of more effective approaches to address the challenges of informal work and precariousness.

Contagion and control: the role of epidemic discourse in shaping domestic violence as a nascent policy issue

ABSTRACT Domestic violence is widely recognised as a global issue and a fundamental human rights violation. Internationally, it is often addressed through human rights frameworks that emphasise victim-centered interventions. In the United States, a distinct policy trajectory focused on criminalisation has developed. Drawing from untapped sources, including 1977–1978 congressional debates, this study reveals the emergence of an “epidemic discourse” on domestic violence. This discourse, guided by the epidemic metaphor, depicted domestic violence as a contagious social problem transmitted by children mimicking spousal violence. The metaphor gained traction in Congressional debates by aligning with statistics, magnifying the issue's scale. However, it inadvertently shifted attention from victim support to preventive and punitive strategies aimed at isolating perpetrators while maintaining, through the notion of risk factors, individual responsibility for a woman having become a victim. Notably, the U.S. has since exported many of its punitive policies globally, influencing other nations’ approaches to domestic violence. The findings underscore the subtle yet significant role metaphors can play in policymaking and in shaping public perceptions of emerging social problems. This analysis, with its focus on unsuccessful legislative bills and debates, enhances our understanding of discursive processes that shape social problem construction, leading to unforeseen dynamics within policymaking.

Personal dignity: emerging threats

In connection with the growing role of the information space, the emergence of new security threats, and the transformation of the institution of human rights, it became necessary, through the prism of the traditional understanding of the category of “dignity” and “right to dignity” in the humanities, to highlight current problems of legal regulation of the right to dignity, to its protection and protection, as well as identify current trends in the legal protection of personal dignity. Dignity is a complex category in the institution of individual rights, which is a direct expression of human value, the core, source and meaning of all fundamental rights, as well as a qualitatively necessary component of their implementation and protection. A broad base of normative regulation and protection of the right to dignity makes it possible to identify system-forming norms and institutions within the framework of constitutional law, based on which it is possible, taking into account modern trends and threats to human rights in general and the right to dignity in particular, to build an adequate system for protecting personal dignity

To be heard or not to be heard: Precarity in the lives of Turkish musicians in Paris and Istanbul

This phenomenological study explores Turkish musicians’ precarity experiences in Paris and Istanbul. Based on in-depth interviews conducted with 11 professional musicians in each city, it focuses on participants’ lived experiences and interpretations to understand how the precarity varies in these cities with different social policy tools available to musicians. The themes resulting from the data analysis indicate similar challenges in both cities, namely insufficient and low income, employment uncertainty, and informal work relations. Nevertheless, these problems manifest differently in each case. Musicians in Istanbul endure more severe consequences of precarity, lacking fundamental social rights. Hence, the essence of their precarity experience is a sense of invisibility, marginalization, and an unassured future. On the contrary, social policy measures, particularly the “Intermittence du Spectacle” regime tailored for intermittent performance workers in France, provide a significant safety net to mitigate the effects of precarity in the Paris case.

Freedom of Association Doctrine in Finland

Abstract Freedom of association in Finland is an old, fundamental right protected by the Constitution. However, the legislation protecting the right is from the period before the fundamental rights reform of 1995 following Finland’s accession to the Council of Europe in 1990. Key issues are freedom of religion in the registration conditions of religious communities and mandatory membership in student unions. In addition, the Supreme Court and the Supreme Administrative Court have issued rulings that have significantly shaped Finland’s doctrine of freedom of association.

Freedom of Association in Mexico

Abstract Freedom of association has been constitutionally recognized in Mexico since the mid-19th century. But it has been in recent years that academic scholarship and case law have constructed its content and scope. It is a freedom right that requires the performance of a negative conduct on the part of the State. Its constitutionally protected scope comprises a positive, a negative, as well as a collective dimension. Additionally, it is an instrumental right through which other fundamental rights can be exercised and the constitutional and democratic Rule of Law is consolidated. The greatest academic scholarship and case law development in Mexico refers to two specific types of associations: political parties and labor unions.

Freedom of Association at the echr: a Right in Service of Democracy

Abstract This article lays out how the right to freedom of association is protected by the European Court of Human Rights interpreting Article 11 of the European Convention on Human Rights. Part i considers how the Court defines “associations” and how it has developed three component aspects of the right: the right to form associations, the right not to be forced to join an association, and the right of the association to organisational autonomy. Part ii outlines the volume and types of disputes that arise, as well as the relationship between freedom of association and other fundamental rights, such as freedom of expression. Part iii reflects on the rationales that the European Court of Human Rights offers for why the right to freedom of association is important, focusing in particular, on its insistence that the right to freedom of association is essential to the proper functioning of democracy.

Violation of the rights of older adults in Ecuador

The rights, exonerations, and benefits of older persons are violated by not being applied or executed, being contemplated in the Constitution of the Republic of Ecuador. The objectives are to guarantee the full exercise and exercise of the fundamental rights of older persons, which, in addition to being enshrined in the Constitution, are included in international human rights instruments and related laws. It is important to energize the rights and benefits of older adults, through workshops, lectures, forums, reaching out to neighborhood leaders. The Constitution guarantees good living, and this vulnerable group is protected not only by national regulations, but also by international regulations, so that any type of action that violates their rights is eradicated. For this reason, it is intended that topics of studies be exposed, that promote awareness in society, so that they are active entities with knowledge in the legal framework in favor of the elderly, and thus they can truly have a dignified old age and with the full enjoyment and fulfillment of its benefits.

O IMPACTO DA INTELIGÊNCIA ARTIFICIAL NAS RELAÇÕES DE TRABALHO

The advancement of Artificial Intelligence (AI) in labor relations is significantly transforming the professional environment, impacting the organization, execution, and control of various work activities. This article aims to analyze the effects of AI on the labor market, with a focus on protecting workers' rights. Initially, the implementation of AI has raised concerns about the replacement of workers by machines and automated systems, especially in repetitive and operational sectors. The study addresses the need to adapt labor laws to ensure the maintenance of workers' fundamental rights, such as dignity, protection against arbitrary dismissal, the right to privacy, limitation of working hours, and respect for adequate breaks, even in highly digitalized environments. Thus, the methodology used in this study analyzes, through a bibliographic review based on different ideological currents and arguments, with the aim of presenting in an academic manner to society through research and analysis, in the legal and ethical context, the need to adapt labor laws to guarantee workers' rights in the face of the advancement of artificial intelligence. Finally, it is concluded that, despite the transformations imposed by Al, it is possible to guarantee the full protection of workers' rights through inclusive public policies, updated legislation and the strengthening of unions and workers' organizations. Thus, the use of Al can be an ally for the development of the labor market, as long as equity and social justice are ensured in the implementation of these technologies.

SEGURANÇA PÚBLICA, VIGILANTISMO E NOVAS TECNOLOGIAS: O RECONHECIMENTO FACIAL COMO FERRAMENTA DE GARANTIA DE DIREITOS

This study analyzes the use of facial recognition technologies as a public security tool, addressing its benefits and associated ethical and legal challenges. The research highlights that, although the technology can improve efficiency in identifying suspects and solving crimes, especially during large events, significant concerns remain regarding privacy and discrimination. In Brazil, inadequate implementation and the lack of specific regulations reinforce criticisms of the unequal application of the technology, particularly in vulnerable communities. The study suggests that public acceptance of facial recognition depends on transparency, proper oversight, and alignment with legal frameworks, such as the LGPD. Only through clear and ethical governance will it be possible to balance the benefits of public security with the protection of fundamental rights.

INTRUSÃO RESIDENCIAL E INVIOLABILIDADE DO DOMICÍLIO: UMA ANÁLISE CRÍTICA DA ENTRADA NÃO AUTORIZADA SOB O PRISMA DO PRINCÍPIO CONSTITUCIONAL DA INVIOLABILIDADE

This study deals with the principle of the inviolability of the home, guaranteed by the 1988 Federal Constitution, and the legal consequences of unauthorised entry into homes. Violation of the home is an issue of great legal and social relevance, since it directly affects individuals' rights to privacy and intimacy. The main aim of this paper is to analyse unauthorised entry from the perspective of the principle of inviolability, investigating the legal implications and the situations in which the invasion can be considered legitimate. To this end, the study considers the exceptions provided for in the legislation, such as cases of flagrante delicto, disaster or rescue. The methodology adopted was based on bibliographical research, of a qualitative nature, using the deductive method to explore doctrine and case law dealing with the subject. Based on these sources, the work offers a critical analysis of the balance between the protection of individual rights and the needs of public safety. It concludes that, although there are legal exceptions to home entry, the application of these exceptions must be strictly controlled to avoid abuses and ensure that fundamental rights are preserved. The study also emphasises the importance of judicial control as a way of ensuring respect for due process of law.

The EU's Artificial Intelligence Act and copyright

AbstractThe European Union's (EU's) Artificial Intelligence Act (AI Act), published on 12 July 2024, seeks to establish a consistent legal framework for AI systems within the EU, promoting trustworthy and human‐centric AI while safeguarding various fundamental rights. The Act classifies AI applications into three risk categories: unacceptable risk, high risk, general purpose AI models with systemic risk and low or no risk, each with corresponding regulatory measures. Although initially not focused on copyright issues, the rise of generative AI led to specific provisions addressing general purpose AI models. These provisions include transparency obligations, particularly regarding the technical documentation and content used for training AI models, and policies to respect EU copyright laws. The Act aims to balance the interests of copyright holders and AI developers, ensuring compliance while fostering innovation and protecting rights.

The Grainger Test Challenged? Thomas v Surrey and Borders Partnership NHS Foundation Trust

ABSTRACT This note analyses the decision of the Employment Appeal Tribunal (EAT) (Sheldon J) of Thomas v Surrey and Borders Partnership NHS Foundation Trust and Brett. The central message of the case is that English Nationalism with an anti-Islamic, anti-immigrant tinge does not deserve legal protection as a philosophical belief under s.10 Equality Act 2010. Thomas raises an interesting point of principle regarding the question of whether the fifth limb of the Grainger v Nicholson test—namely whether philosophical beliefs are worthy of respect in a democratic society, compatible with human dignity or are in conflict with the fundamental rights of others (fifth limb)—should be expanded to exclude from protection beliefs espousing intolerance or discrimination, and provides helpful clarity on how tribunals may take into account material beyond what is pleaded by the claimant in order to ascertain what the true nature of a purported philosophical belief may be. The note concludes that the former point is a move which should be resisted given the importance of rights under Articles 9 and 10 of the European Convention on Human Rights, and also critiques the reasoning of the Employment Appeal Tribunal in countenancing this possibility. It also concludes that the latter point will be of particular interest to practitioners who plead these sort of cases before the tribunals and predicts respondents to be bolder in their use of extraneous material to interrogate the nature of a claimant’s beliefs beyond what is pleaded or contained in their witness statements. The note also concludes that tribunals can also have more confidence, in light of Thomas, in relying on such material in their judgments without excessive caution that they have blurred the lines of overreliance on manifestations of beliefs as opposed to focusing on the beliefs themselves.

Fifty years of teacher education in South Africa: towards systematic learning and social transformation

ABSTRACT The article tracks key moments in teacher education policy and curriculum in South Africa from the 1970s to the present day. Political and social features of education in each decade are outlined, from a racialised and fragmented system of teacher education, to the imagining of alternatives, and the imperative for educational transformation. The article pays special attention to the role of teacher education in a national agenda of social reconstruction within the goals of the 1996 Constitution of South Africa, to establish a post-apartheid society based on democratic values, social justice and fundamental human rights. Drawing on a conception of teaching as organising systematic learning, we track ways in which changes in teacher education policy have enabled or restricted opportunities for systematic learning for students in different social contexts, and towards advancing equity. We argue that insights from strong theoretical frameworks create conditions of possibility for student teachers to analyse and interrogate their observations and experiences within the existing schooling system. In so doing, they potentially become agents of transformation, as they imagine practical possibilities for improving teaching in and beyond their immediate school and contextual realities. At the same time, we note the limitation of too narrow a focus on systematised knowledge, without sufficient attention to the life histories and aspirations of student teachers themselves. We suggest that a crucial way forward is to consider how personal development, teacher knowledges and classroom experiences and interactions work symbiotically to support student teachers’ pedagogic learning, even against the enduring challenges of severe inequalities in South Africa. This requires attention to how knowledge informs teaching, how curricula can support the process of learning to teach, and how systematic learning can be nurtured in the pursuit of social transformation.

INCLUSION OF PERSONAL DATA PROTECTION IN THE BRAZILIAN CONSTITUTION: REFLECTIONS ON FUNDAMENTAL RIGHTS AND GUARANTEES

The Constitution of the Federative Republic of Brazil of 1988, known as the Constitution of the Federative Republic of Brazil, represents a milestone in Brazilian legal and political history, establishing a wide range of fundamental rights and guarantees. This article aims, first, to analyze such rights and guarantees, discussing their importance and implications for the protection of human dignity and the consolidation of Brazilian democracy. Then, the intersection between fundamental rights and guarantees and the protection of personal data, the General Data Protection Law and Constitutional Amendment No. 115 was made. The methodological approach used was based on a review of the legal literature and constitutional provisions. Finally, it is concluded that Constitutional Amendment No. 115/2022 is a crucial step in strengthening the right to the protection of personal data in Brazil, aligning itself with international trends and reaffirming the country's commitment to defending the privacy and dignity of its citizens. With this change, the Federal Constitution begins to reflect more clearly and directly the importance of protecting personal data, establishing a solid constitutional basis for the development and application of public policies and regulations related to the topic.