Guarantee Of Rights Research Articles

SCHOOL MEDIATION AS A SOCIAL TECHNOLOGY TO FIGHT VIOLENCE AND GUARANTEE RIGHTS TO THE LGBTQIA+ POPULATION

The present study sought to reflect on the potential of conflict mediation to combatviolence and guarantee rights for the LGBTQIA+ population in the schoolenvironment. To this end, an extensive bibliographic research was carried out,encompassing scientific production, normative analysis and documentconsultations, in order to update existing data and carry out a theoreticalinvestigation in order to answer previous questions and those generated during thestudy. Mediation is a social technology that offers schools and individuals new formsof relationship that strengthen, day by day, a climate of healthy coexistence, bypreventing conflict, indiscipline and violence. However, conflicts arising fromdiscrimination and violence based on sexual orientation, gender identity orexpression demand a different treatment by the mediator, under penalty ofineffective conflict resolution obtained through school mediation.

URGENSI PERNCATATAN PERKAWINAN PERSPEKTIF HUKUM ISLAM

Marriage registration in Islamic family law is not regulated, marriage is valid if it meets the requirements and pillars. Along with the development of increasingly modern times, marriage is not only carried out between regions anymore. In the past, it was sufficient for the announcement of the context with witnesses and walimah al `urusy, but this form of announcement for the present context is no longer relevant. This research is a type of library research, the author uses a normative and philosophical approach. The results of this study found that in the early days of Islam there was a tradition of I'lan an-nikah (announcing a marriage in the midst of the local community). One form of I'lan an-nikah is walimah al-urs (reception/wedding party), the call has the intention of announcing to the public that a marriage has occurred and preventing adultery prejudice. There is a recommendation to record non-cash transactions in Qs. Al Baqarah (2) verse 282, where the legal illat is to strengthen testimony and avoid doubt. It is explained in the Qur'an letter an-Nisa 'verse 21 that marriage is not an ordinary muamalah but a very strong agreement ا لِيْظَا. Therefore, marriages that have a special position, namely a very strong agreement, so noble, majestic, and sacred are even more important to be recorded. Announcements relevant to the current context appear in written form in the form of a marriage certificate. So that the marriage certificate is a form of community recognition and guarantor of rights in the present. In other words, the context of public announcements as a means of recognizing and guaranteeing rights is for communal communities who are accustomed to oral communication.

Health and equity: Venezuela’s and Brazil’s public health policies aimed at the LGBTQ+ population

Abstract Background Public health policies aimed at the LGBTQ+ population within Latin America have been a theme of discussion among policymakers, governments, and society. Latin America’s conservative idiosyncrasy has delayed advances in this regard. A common factor has been inequity and difficulty in access to healthcare institutions by LGBTQ+ groups. Despite some improvements in some regions, there are still huge gaps between neighboring countries as in the case of Brazil and Venezuela. The aim of this study is to investigate and compare the existence and implementation of health policies aimed to improve the health equity of the LGBTQ+ population in both countries. Methods Scoping review in international journal databases and grey literature, such as official government websites, and NGOs reports. Results In Brazil, the “National Policy for comprehensive health of lesbians, gays, bisexuals and transgender populations” was created in 2011. Nonetheless, its implementation encounters challenges. The main difficulties are: under budgeting, lack of training of healthcare personnel, and challenges in monitoring and assessing proposed health interventions. In Venezuela, till today there is a lack of institutional protective policies and health policies directed at this population. Some examples include the impossibility to rectify documents to reflect transgender people’s identity, adequate protection from the law against civilian violations, same-sex marriage, and legal conditions for children of same-sex parents. Conclusions The points presented above restrain satisfactory access to health care, positioning the LGBTQ+ population in a vulnerable setting, and making it a challenge to achieve health equity. In order to strengthen the health care systems in both countries, breakthrough measures need to be taken to assure fundamental human rights. Key messages • Venezuela lacks basic institutional protective policies aimed towards LGBTQ+ population, while Brazil has a National LGBT Health Policy. • Achieving health equity and assurance of rights to the LGBTQ+ population remains a challenge in both Brazil and Venezuela.

Negócios inclusivos liderados por mulheres empreendedoras: busca por avanços teóricos e empíricos

Abstract This study contributes with theoretical and empirical reflections on female entrepreneurs from the perspective of post-structuralist feminism and on inclusive business based on the academic literature on poverty and social exclusion. The study consisted of exploratory qualitative research based on the triangulation of the theoretical framework, content analysis of in-depth interviews, and secondary data obtained from documents. The results of this research corroborate previous studies regarding the characteristics of social entrepreneurs and offer complementary insights to the academic literature. The study shows that female entrepreneurs in inclusive businesses act based on building partnerships, valuing listening, and sharing decisions. They have a higher level of education, value learning opportunities, prioritize working with other women, and work in both formal and informal women’s networks. In addition, based on the type of business, the target public, and the way entrepreneurs understand their organizations, it was possible to identify four types of inclusive businesses: (i) inclusion of consumers from the base of the pyramid; (ii) inclusion of people through labor, service provision and suppliers in the value chain; (iii) inclusion through advocacy and guarantee of rights, and (iv) those aimed at self-inclusion. The last two areincipient in the academic literature and, at the same time, illustrate challenges and problems of social gender construction and structural issues in Brazilian society.

취업한 발달장애인의 경제특성과 건강특성이 생활만족도에 미치는 영향

Developmental disabilities collectively refer to intellectual disabilities and autistic disorders, and unlike other types of disabilities, the prevalence of disability is very high among young people. Individual Act to Support Developmental Disabilities In 2014, 「Act on Guarantee of Rights and Welfare Support for Persons with Developmental Disabilities」 was enacted. However, interest in the life satisfaction of people with developmental disabilities in daily life is increasing only recently, when the individualism of persons with disabilities has taken root due to the spread of the independent living and social integration paradigm. This study verified the mediating effect of self-esteem in the path that economic and health characteristics of employed people with developmental disabilities affect life satisfaction.
 The research data was analyzed by extracting data from those with developmental disabilities who were employed from among the results of the second wave of the second wave of the 2020 Employment Panel Survey for Persons with Disabilities(PSED) as a sample. Factor analysis was performed using SPSS V26, and correlation, normality analysis, and descriptive statistics for major variables were performed to verify normality necessary for hypothesis verification. Based on this, causal relations and mediating effects were analyzed by hierarchical regression analysis. The validation of the significance of mediating effects was conducted in SPSS Process Macro Ver. 4.1.
 As a result of the analysis, first, it was found that the economic characteristics and health characteristics of the employed people with developmental disabilities had an effect on life satisfaction. Second, among the economic characteristics of persons with developmental disabilities, self-esteem showed a fully mediated effect in whether they were a recipient or not in the path of life satisfaction. Third, in the path that the health characteristics of the developmentally disabled, such as health status and need for help from others, had a positive effect on life satisfaction, self-esteem had a partial mediating effect.
 Based on this, a practical strategy to utilize self-esteem and health status was proposed to improve the life satisfaction of employed people with developmental disabilities. First, paying attention to the fact that the health characteristics of people with developmental disabilities have a stronger effect on life satisfaction than economic characteristics, we proposed a strategy to expand participation in social activities of people with developmental disabilities and a plan to use the ICT platform adopting the 4th industrial revolution technology. In addition, in order to improve the self-esteem of people with developmental disabilities, a method of linking a company employing the disabled and a welfare center for the disabled, and a method of organizing a working group in a form that allows for peer counseling were suggested. In addition, a systematic proposal was made to adjust the activity support training curriculum so that active volunteers who provide activity support services for the severely disabled can be used as a support system for people with developmental disabilities.

Legal regulation of hybrids of criminal procedural actions in martial law

The article examines the legal regulation of hybrids of criminal proceedings in martial law. In the course of the problem, it is noted that one of the ways to optimize the legal regulation of criminal proceedings is to «merge» them by combining the relevant procedural tools. At the same time, it is noted that the legislative «combination» of criminal procedural actions during martial law may have a negative impact on ensuring the rights and freedoms of a person prosecuted. During the presentation of the main material it is noted that the greater the range of procedural means covered by investigative (investigative) action, the more evidence can be obtained in a situation where there is no safe access to the crime scene, there is a shortage of physical, technical and time resources, threat of active hostilities, etc. Attention is drawn to the fact that the value of hybrids of criminal procedural actions during hostilities lies in the fact that they are able to obtain the necessary evidence in any non-prohibited way in criminal proceedings. The «free combination» of criminal procedural means is considered more effective for the purposes of proving in a state of martial law than the implementation of certain formalized investigative (search) actions. It is emphasized that legislation may allow the use of «free» hybrids of procedural action, provided that such hybridization does not pose a risk of unlawful restriction (violation) of human rights and freedoms in criminal proceedings. In the event of a risk of unlawful restriction (violation) of human rights and freedoms, any hybridization of criminal proceedings should be prohibited by law. An exception is the situation in which a person in respect of whom a hybrid of criminal procedural actions is carried out is provided with effective procedural guarantees of rights and freedoms. It is emphasized that without the provision of effective procedural guarantees, it is not possible to talk about the use of hybridization of procedural actions against a person who is actually suspected or may be prosecuted in the future.

생체정보 보호 강화를 위한 입법정책적 고찰

Article 23 (1) of the Personal Information Protection Act stipulates that “A personal information controller shall not process any information prescribed by Presidential Decree (hereinafter referred to as ‘sensitive data’), including ideology, belief, admission to or withdrawal from a trade union or political party, political opinions, health, sex life, and other personal information that is likely to markedly threaten the privacy of any data subject.” Article 18 of the Enforcement Decree of the Personal Information Protection Act stipulates that ‘Information prescribed by Presidential Decree’ in the main clause , with the exception of the subparagraph, of Article 23 (1) of the Act means the following data or information. In subparagraph 3, “Personal information resulting from specific technical processing of data relating to the physical, physiological or behavioral characteristics of an individual for the purpose of uniquely identifying that individual” is defined as one of the sensitive data. The range of sensitive data is wider than that of biometrics. ‘Data that constitutes a criminal history record’ defined in subparagraph 5 of Article 2 of the Act on the Lapse of Criminal Sentences, etc. as stipulated in Article 18 (3) of the Enforcement Decree of the Personal Information Protection Act and Article 18 (4) of the Enforcement Decree of the Personal Information Protection Act ‘Personal information revealing racial or ethnic origin’ is sensitive data completely different from biometric information. Therefore, it is necessary to enact a separate law to protect and manage biometrics or biometric information that requires more protection than sensitive data. As safety measures for biometrics security, there are first, security measures for forged/falsified biometric information, second, protection of the transmission section when collecting and inputting biometric information, third, use within the scope of the agreed purpose, fourth, biometric information collection and input processing at the terminal, fifth, encryption when storing biometric information, sixth, destruction of biometric information, seventh, separate storage when storing original biometric information, eighth, in case of leakage of biometric information, protective measures are taken. The Act on Protection and Management of Biometrics (draft) includes Chapter 1 General Provisions, Chapter 2 Establishment of Biometrics Protection Policy, Chapter 3 Collection and Use of Biometrics and Restrictions on It, Chapter 4 Safe Management of Biometrics, and Chapter 5, Guarantee of Rights of Data Subjects.

Análise dos Abusos Cometidos pela Portaria 624/19 da Secretaria de Administração Penitenciária do Ceará

O presente artigo tem o objetivo de analisar a constitucionalidade e legalidade da Portaria 624 de 2019 da Secretaria de Administração Penitenciária do Estado do Ceará. A norma em questão criou uma série de embaraços aos direitos dos presos, como direito à visitação, direito à visitação íntima e direito de não ser posto em isolamento por mais de 30 dias, dentre outros sob a justificativa de ajudar na “preservação da segurança e disciplina no interior das unidades”. Este artigo visa analisar a constitucionalidade e legalidade da portaria cearense, fazendo um contraponto entre as normas nela contidas e o sistema jurídico brasileiro. Para a consecução desse fim firmou-se a hipótese de que a portaria analisada fere a Carta Magna e a legislação infraconstitucional como um todo, sendo, portanto, ilegal e inconstitucional desde a sua concepção. Utilizou-se o método de revisão bibliográfica de doutrina especializada, artigos científicos e jurisprudência dos tribunais pátrios para análise da presente questão que se evidencia na discussão proposta. Foi possível concluir, pelo presente estudo, que a portaria cearense promove uma série de afrontes da citada norma aos ditames legais presentes em nosso ordenamento jurídico. Não se nega que o combate à criminalidade é importante tarefa a ser realizada pelo Estado. No entanto, não é ferindo direitos constitucionalmente assegurados que o Estado conseguirá realizar esse intento, pois se ele não oferece condições condignas mínimas ao apenado, como poderá esperar sua ressocialização durante o cumprimento da pena? São questões como essa que fazem premente a análise realizada neste estudo.

E-Commerce Dispute Settlement Through Online Arbitration in Indonesia

Many entrepreneurs have begun to look at dispute resolution through arbitration, because they think that arbitration is much faster and does not cost a lot of money. Moreover, the image owned by the company will not be damaged if the settlement is carried out using arbitration because of the public perception that arbitration is a peaceful way to resolve a problem. This research was conducted to find out whether there was a legal umbrella provided by the Government of Indonesia as a guarantee of rights to its citizens regarding the implementation of this online arbitration, and it was found that the legal umbrella that is owned is not strong and only uses the legal basis of arbitration in general, so the authors suggest for the creation of a legal umbrella regarding online arbitration considering that currently there are many cases of e-commerce disputes that occur in Indonesia
 Keywords: Arbitration, Dispute, E-Commerce

Protection of Indonesian Migrant Workers in China: The Government's Role and Legal Aspects

This study seeks to examine the model of government accountability for protecting Indonesian migrant workers in China. The expected goal of this research is to make a positive contribution to the legal protection system for Indonesian migrant workers in China that is in harmony with justice and can create a sense of peace and security for Indonesian migrant workers in China. This research was carried out with an empirical juridical approach by analyzing primary data by searching for data by going directly to the field and then analyzing it with legal materials, especially primary legal materials and secondary legal materials. Data observation will be carried out using field studies connected with the subject matter studied. The findings and novelties in this study indicate that migrant workers are often objects of human rights violations, such as not getting guaranteed rights and placements when the migrant workers go abroad through illegal labor suppliers. Especially in this case, the crew from Indonesia works on the Chinese ship, the Longxing Ship. This study concludes that problems related to migrant workers must get full attention and protection from the Government because it concerns the safety of Indonesian citizens. Therefore, in this case, the Tegal Regency Manpower and Transmigration Office, the Government must provide full protection to Indonesian migrant workers. In particular are crew members from Indonesia who work on Chinese ships.

Historia powstania regionalnych trybunałów praw człowieka

The history of the formation of regional human rights courts, parts of human rights regimes on the European, African and both the American continents, is discussed in this paper. The author demonstrates an unquestionable connection between the courts and international government organisations active in the regions. She proves that the main reasons for establishing these authorities lie in the develop-ment of human rights protection systems and the associated need for supervision by independent judicial authorities, since the guarantee of rights and freedoms under regional treaties proved insufficient. The analysis shows the human rights courts were founded at different times and in diverse realities. The European Court was formed to supervise the democratic states in the region, whereas the non-European courts both were and still are regarded as unstable and implicated in internal conflicts. The next part of this article includes a discussion of the legal basis for estab-lishing regional human rights tribunals. All three bodies were established on the basis of a classical source of international law, namely an international treaty. The fundamental difference, however, is that with regard to the European and American Courts, these are treaties that form the basis of regional systems of human rights protection, while the African Tribunal was created under the Additional Protocol to the African Charter on Human and Peoples’ Rights.

Atopic Dermatitis in Latin America: A Roadmap to Address Data Collection, Knowledge Gaps, and Challenges.

Atopic dermatitis (AD) is a systemic, multifactorial disease that causes significant morbidity and health care burden in Latin America (LA). Data on AD are scarce in LA. Lack of disease registries and non-standardized study methodologies, coupled with region-specific genetic, immunological, and environmental factors, hamper data collection. A panel of LA experts in AD was given a series of relevant questions to address before a conference. Each narrative was discussed and edited through numerous rounds of deliberation until achieving consensus. Identified knowledge gaps in AD research were updated prevalence, adult-disease epidemiology, local phenotypes and endotypes, severe-disease prevalence, specialist distribution, and AD public health policy. Underlying reasons for these gaps include limited funding for AD research, from epidemiology and public policy to clinical and translational studies. Regional heterogeneity requires that complex interactions between race, ethnicity, and environmental factors be further studied. Informed awareness, education, and decision making should be encouraged.

Memoria e identidad de las ciudades andaluzas (S.XIII-XVII)

Diplomatic texts and urban histories were repositories of historical memory through which speeches and images were transmitted, with which the identity of the city was built. Our objective is to show that they were reinterpreted as a guarantee of rights and privileges, of legitimation of urban power and inculcation of behaviors of the city and its elites.

THE VIOLATION OF IMMUNITY AND DIPLOMATIC RIGHTS: A STUDY OF INDONESIAN EMBASSY WIRETAPPING CASE IN MYANMAR 2003-2004 IN THE ASEAN COMMUNITY SECURITY RESISTANCE BASED ON THE 1961 VIENNA CONVENTION

<em><span lang="EN-US">Immunity rights and diplomatic immunity are guaranteed protection of the rights granted by the international community legally through a collective agreement in the 1961 Vienna Convention to the diplomatic representatives to be able to perform their duties properly. The guarantee rights are in the form of the right to do their activities, the right from immunity to regulation regarding assets acquired, including the place of the embassy building. Wiretapping is an effort or attempt to legally invade the private space of another party. At the state level, wiretapping can be used as a threat for security issues. In this study, the author tried to describe the case of wiretapping the Indonesian Embassy in Myanmar in 2004. Besides explaining through the Vienna Convention perspective, as Myanmar and Indonesia are ASEAN Member Countries, the author will try to reveal ASEAN role mainly in ASEAN Security Community project.</span></em>

How Must We Prepare in the Next Decades When Caring for Those With Developmental Disabilities: "Grown Up" (2018).

The Guarantee of Rights and Support for Persons with Developmental Disabilities Act was enacted and revised in 2014. However, national measures for persons with developmental disabilities remain insufficient. In the film, “Grown Up,” director Hyeyoung Jang filmed the daily life of her sister, who has developmental disabilities. She raised not only the issue of institutionalization in people with developmental disabilities in Korea but also the issue of a lack of policies that would be essential to them and their family members. In the future, I hope that as experts, child and adolescent psychiatrists in Korea will pay more attention to the lives of people with developmental disabilities outside the clinic and propose policies to help them and their family members.

Factors of Tax Evasion

Tax evasion is an issue of great economic and legal importance. Its high level of representation leads to a reduction in available public revenues and government capacity to adequately provide public services. Also, the implementation of tax evasion violates tax laws and endangers the constitutionally guaranteed right of government to collect taxes. This paper will analyze the factors that affect the level of tax evasion: economic, legal, and institutional, demographic, and cultural and behavioral. The goal of this paper is to determine the intensity of their influence so that tax policymakers, professionals, and academics can identify the most important factors and define valid measures to combat tax evasion. Although economic factors were expected to have a key impact, the role of non-economic factors turned out to be more critical.

Bancassurance Alam Perjanjian Kredit dengan Hak Jaminan Fidusia

Bancassurance is a form of cooperation between insurance companies and banks, where the bank here acts as an intermediary between the insurance company and its customers in insurance activities. One type of material guarantee is a fiduciary guarantee. This study aims to find out how the bancassurance legal arrangements so that banks are allowed to carry out credit agreement activities with fiduciary guarantee rights, how the legal consequences of bancassurance in credit agreements with fiduciary guarantee rights, the method used in this study is juridical normative. While the problem approach used is a statutory approach and a conceptual approach. The approach to sources of legal materials used in this research is primary, secondary, and tertiary with analysis of legal materials using legal arguments whose results are presented descriptively. The conclusion is that in the Law of the Republic of Indonesia Number 10 of 1998 concerning amendments to Law Number 7 of 1992 concerning banking, Article 10 (b) of the Banking Law clearly stipulates that Banks may not conduct insurance business.

A study of the capabilities and limitations of local governments in providing community services in Nepal

PurposeCorruption and dishonesty in the political and bureaucratic realms have impeded the ability of local governments to provide services and social justice in Nepali society. In light of this, the purpose of this research is to answer the key research question: what are the possibilities and limitations of local government in implementing constitutionally guaranteed rights in order to transform local communities?Design/methodology/approachThis study gathered qualitative data from 14 local governments in seven provinces. A total of 56 in-depth interviews were held with elected representatives, political parties, and government officials at both the national and local levels. Both open-ended and open-structured questionnaires were employed for the interviews.FindingsThe results indicate that capacity is a major constraint for local governments, which should be addressed to achieve successful local governance, inclusive citizen engagement, and strong technical, administrative and fiscal capabilities. Lack of local autonomy, political conflict and social class differences, external engagement, and conservative hierarchic government bureaucracy are major hurdles to growing capacity.Originality/valueThis paper analyses the capacity of newly restructured local governments through qualitative approach. It attempts to understand to what extent the Nepali local governments are capable in delivering the services at the local level as closest unit of the citizens.

Meanings and expressions of co-responsibility: A small qualitative study based on the reflections from Chilean social workers involved in public-private child welfare

The study critically explores the meanings and expressions of co-responsibility based on the experience of Chilean social workers involved in public-private child welfare. It draws upon critical institutionalism to frame thematic analysis of interviews with practitioners participating in these arrangements. Results show that meanings and expressions of co-responsibility are diverse and co-exist in intervention. Some meanings are that co-responsibility is the responsibility assumed by the State as the first guarantor of rights with a private that takes responsibility for clients. It also means collaboration in a neoliberal system. Regarding expressions, it takes the form of a programmatic execution that operationalizes the rights approach. Another one is that co-responsibility expresses in individualistic performance that neglects the other colleague. Implications for critical social work practice, policy, and scholarship are discussed, based on the diversity of meanings and expressions of co-responsibility identified.

IMPACTOS PSICOSSOCIAIS DOS DESASTRES DA MINERAÇÃO EM MARIANA E BRUMADINHO: uma revisão integrativa

The failures of mining tailings dams in Mariana, in 2015, and in Brumadinho, in 2019, are identified as the biggest environmental disaster and the biggest work accident in the history of Brazil, respectively. This article aimed to analyze the background of these tragedies, their environmental and socioeconomic impacts, as well as the psychosocial consequences for the population directly and indirectly affected by these tragedies. The method used was the integrative literature review. Searches for scientific articles were carried out in the SciELO, PePSIC and BVS Salud BIREME databases, using the following combination of descriptors: “Brumadinho” & “desastre” and “Mariana” & “desastre”. Fourteen articles were analyzed, published between 2015 and 2020. The results show the weaknesses of the State in the prevention, resolution, and accountability of such crimes, demarcating a history of impunity for the companies involved, lack of reparation for socio-environmental damage, and helplessness to the affected population. Furthermore, the role of emergency and disaster psychology in these scenarios was analyzed, highlighting the ethical commitment of this profession to the promotion of mental health and the guarantee of rights.