Human Freedom Research Articles

INTERACTION OF THE JUDICIARY AND THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN

The work is devoted to studying the issue of interaction between the judicial branch of government and the highest official of the President of the Republic of Kazakhstan. The areas of activity in which the judiciary and the President interact are identified. Among the important and fundamental ones, the sphere of human rights and freedoms is highlighted, in which the Court and the President, as elements that make up the mechanism of the state, closely interact with each other in providing guarantees of constitutional rights and freedoms of the individual and providing them with judicial protection. Particular attention is paid to the constitutional powers of the courts to exercise judicial control regarding the compliance of acts of the President with the Constitution and the laws of the republic, as well as the administration of justice in criminal cases. Similarly, attention is drawn to the constitutional powers of the President to issue an act of pardon for a person convicted by the court, as well as to deprive him of an honorary, military, special or other rank, class rank, diplomatic rank, qualification class, and state awards. The view is focused on the special procedure for implementing the constitutional and legal responsibility of the President and the termination of the constitutional powers of judges. The legislation and judicial practice of the Russian Federation in the issues raised are covered. The regulatory legal acts of the Republic of Kazakhstan defining the constitutional status and powers of the courts and the President were analyzed. Upon completion of the work, brief conclusions are given, arguing that courts and judges, firstly, when exercising their constitutional powers, have both external and internal independence, and secondly, they interact with all government bodies and officials, including the President, in strict adherence to the system of checks and balances that do not allow them to violate the unity of state power itself, its usurpation or concentration.

Transformasi dari Politik Jarak Jauh ke Politik Identitas di Gerakan Surah Buku Yogyakarta

This article discusses the transformation of the Aceh diaspora political movement in Yogyakarta. By taking the community of Gerakan Surah Buku, this article strengthens Missbach's (2012) argument that the long-distance politics of the Acehnese diaspora has shifted to identity politics, meaning that the long-distance politics of the diaspora has not completely disappeared, but has undergone changes. The position of this article then tries to show these changes through ethnographic research in one of the literacy communities, Gerakan Surah Buku, Yogyakarta. This article shows that the form of identity politics is not only the effect of the shift of long-distance politics, but has become an alternative and creative articulation of the remnants of the previous Acehnese diaspora long-distance political movement. This research uses auto-ethnography, a research method that allows researchers to be directly involved for a long period of time. The article also shows how ethnic identities that are struggling in the diaspora have formed a hybrid culture in articulating trending issues in youth activism movements, such as human rights, peace, justice and freedom.

Communicative Dimension of Human Freedom under Deliberative Democracy

Purpose. This article aims to analyse the ways of free communicative solution of civil society problems as a basis for the development of deliberative democracy on the example of the activities of volunteer organisations. Theoretical basis. The conceptual basis of the study is Immanuel Kant’s philosophical understanding of individual obligations as the basis for the institutionalisation of social communication. This concept is developed by Jürgen Habermas in the direction of deliberative democracy. Max Weber, Quentin Skinner, and other theorists give a special status to language communication in the functioning of social institutions. Contemporary Ukrainian researchers analyse the volunteer movement as the basis for the communicative implementation of human freedom. Originality. Practices of political performance in society contribute to the specific and contextual solution of the tasks of communication theory and provide answers to questions about sustainable human needs, on the one hand, and, on the other hand, contribute to solving the political problems of everyday life. Grassroots socio-political movements, and especially volunteer movements, practice free discussion of various social problems, which is the basis of the deliberative democracy. Conclusions. Overcoming value differences between members of society is more effective in deliberative practices as the core of social communication in a democratic society. The substantive way to find new forms of communication is to use deliberative practices of implementing freedom to improve the functioning of social institutions. The formal way is aimed at attracting the experience of volunteer organisations in using the minimum necessary forms of bureaucratisation of social institutions in a democratic society.

Legislative mechanisms of personal data protection in the health care system

Human rights and freedoms, guarantees of their observance and protection should be the basis of the activities of any democratic country in the world. The issue of information security becomes particularly relevant in modern conditions, because medical institutions collect and store personal data of persons who contact them, the results of laboratory and instrumental research, diagnoses, medical histories, etc. Endless reforms, changes in legislation, introduction of an electronic system in the field of health care cause a lot of discussions about individual mechanisms of its functioning and ensuring the protection of personal data. The collection of personal data must be lawful, subject to strict requirements and for a legitimate purpose. In addition, persons or organizations engaged in the collection and processing of personal information must protect it from abuse and respect the rights of data owners guaranteed by law. The reform of legislation in the field of data protection should take place in parallel with the dynamic process of development of Internet technologies, including the creation of a formalized system of legislation in the field of privacy. In addition, considerable attention should be paid to the level of awareness of citizens about how their personal data may be collected and used. In particular, the request for consent to the processing of personal data must be clear; access to own data should be simplified and their mobility should be increased for easier transfer of data from one service to another; companies and organizations must report serious security breaches in a timely manner. And of course, ensuring the appropriate level of responsibility and reporting of all those involved in personal data processing. Health care is increasingly reliant on information technology. More and more hospitals and healthcare institutions are using information and communication technologies to support and improve their work. Digital technologies are widely used in the public health care sector, including electronic prescriptions, appointments with a family doctor, records of services rendered, hospitalization, hospital discharge, etc. In this context, a wide range of eHealth tools and services have emerged. Electronic medical records are created in such a way that it is possible to transfer patient data between different medical professionals. Although digital health technologies have so many important functions, their high dependence on sensitive patient health information can cause information security issues. At the same time, a significant part of personal health data is often collected without informing patients about it.

FILOSOFI RIDEO ERGO SUM: MEMAKNAI MANUSIA SEBAGAI MAKHLUK YANG TERTAWA (HOMO RIDENS)

The phrase rideo ergo sum or I laugh because I exist is a philosophy that has a very deep meaning. This is because only humans are able to laugh or are referred to as homo ridens while animals cannot. Although there are animal sounds that resemble laughter, they are not a form of laughter like in humans. Laughter is not a form of meaningless expression. Many things can be obtained by interpreting humans as homo ridens. This research uses library research method with Miles and Huberman analysis pattern. The results in this study are 1). Laughter is a form of authenticity from humans, humans need humor and laughter as an expression of the happiness they experience, humans are unique because humans are able to laugh (homo ridens) as their characteristic. 2). Laughter has a philosophy, because laughing is a form of freedom of expression, and laughter is a form of reality of human freedom. 3). Various things are obtained by humans as homo ridens, especially in the health, so that laughing yoga is a form of actualization of the homo ridens.

Пифагорейский аргумент разумного замысла Вселенной и его критика. Статья 4: Метафизика основоположников физики

In this, the penultimate article of our Pythagorean cycle, we turn to the metaphysical or natural-philosophical heritage of those great men who are referred to as founders or pioneers of physics. The choice of specific figures in this kind of research is surely arguable to some extent. Our choice is limited by the length of the paper, the availability of relevant texts, and yes, a certain subjectivity of our evaluations. After a brief Introduction, we give an overview of the tension between the paradigm of physical reductionism and the intuition of free will. We show how the author of the first universal physical theory, Isaac Newton, resolved this contradiction, and how he held the belief in the authenticity of free will while sacrificing not only mechanistic reductionism but also belief in the omniscience of God. These philosophical problems are then discussed in the light of the modifications to physical conceptions of the universe that twentieth-century physics has made. Turning to James Clerk Maxwell, the author of the equations of electrodynamics, we note his philosophical primacy in pointing out the important feature of physical laws that ensures their discoverability: the correlation of their mathematical complexity with the difficulty of observing the corresponding layer of reality. Speaking of Albert Einstein’s philosophical views, we note in them a combination of a deep understanding of the mystical basis of physics with the naivety of moral philosophy. Like Einstein, Max Planck was a deistic idealist who did not believe in a “personal God,” but, aware of the enormous moral significance of Christianity, only shortly before his death he publicly declared this unbelief as a long-held conviction. Reflections on Niels Bohr lead us to conclude that he was an apophatic mystic, combining the complementary qualities of a passionate desire for theoretical clarity and an anticipation of its impossibility. Erwin Schrödinger, to whose views we next draw attention, expressed them in terms of Vedanta idealism. It seems to us that the same views can be expressed within a European context, albeit unorthodox. Turning to Werner Heisenberg, who in his youth read Plato in the original, we show not only his Platonism, but also his understanding that the connection with God is the moral foundation, the loss of which is ruinous. The drama of being, according to the author of the uncertainty relation, has to do with the fact that the divine will is essentially embodied through human freedom, through the indeterminacy of conscious choice. In the section on Wolfgang Pauli, we note his amazement at the profound harmony of the mental and the material spheres, which reveals itself with particular power in the mathematical discoverability of the material world. Hence began his search for a possible reason for this agreement, the search accompanied by many years of conversations with Carl Gustav Jung. The concluding section of the article is devoted to Paul Dirac, who, unique among the great physicists, went from Marxist atheism to preaching about Godmathematics, and then to regular prayers in church.

Measuring the Effectiveness of Control Mechanisms in Regional Human Rights Systems – from Conception to Execution

The lowest level of protection is ensured under the domestic law of individual countries. The aim of the article is to develop a methodology for measuring the effectiveness of control mechanisms functioning within regional human rights protection systems and to access this effectiveness with the use of the proposed solution. The control mechanism can be defined as a set of procedural and institutional norms ensuring the implementation of human rights and freedoms specified in a specific legal system. The effectiveness of control mechanisms in four regional systems was assessed in order to examine the existing level of human rights protection in Europe, America, Africa and the Arab countries. Based on the analysis of the selected criteria, it seems that the most effective system of regional protection of human rights remains the European system operating within the framework of the Council of Europe. This article might be a basis for further research aimed at determining the optimal level of such protection. By optimal level of protection, the author means the highest level that can be obtained today.

Constitutional Possibilities of Limiting Human and Civil Rights and Freedoms – Selected Issues

Constitutional Possibilities of Limiting Human and Civil Rights and Freedoms – Selected Issues

Exploring Oman’s International Tourism Determinants in a Gravity Modelling Framework

Abstract This research investigates Oman’s international tourism predictors within a coherent gravity modelling framework. International visitor arrival data for 2007 to 2015 involving Oman’s forty-eight main visitor origin countries are incorporated in the balanced panel estimation empirical phase that tests several gravity model specifications. The estimation procedure includes standard gravity variables and controls for several hypothesized influences. The findings provide strong evidence that the economic sizes of visitor recipient and origin countries, the distance between Oman and visitor origin countries, humidity, quality of accommodation, and common religion are statistically significant predictors. Surprisingly, while relevant, Oman’s cultural attractions (museums, forts, and castles) and the extent of human freedom are statistically insignificant. These findings are unique as they focus on the importance of factors determining Oman’s tourism within a cohesive and inclusive modelling framework. Policymakers can target the abovementioned variables to facilitate investments and propel tourism.

Character development over happiness: the aesthetic foundation of John Stuart Mill’s philosophy of education

Abstract Despite the many interpretive disputes regarding John Stuart Mill’s philosophy of education, there is wide agreement that Mill saw education as the most necessary and significant means of promoting human happiness. I challenge this view by claiming that Mill belongs to a broad philosophical trend of his time that rejected the conception of human nature that stands at the foundation of the modern ideal of happiness according to which human freedom is expressed in the autonomous pursuit of self-satisfaction. Instead, he embraced an understanding of humans as unique beings whose freedom is expressed in the development of original characters. I argue that the change in Mill’s perception of truth that occurred during his mental crisis led him to understand these processes as open—they are not subject to any static or universal purpose since freedom is understood as the ability of individuals to alter their purposes according to the internal changes they experience. My claim regarding the negation of happiness in Mill’s thought provides an answer to the question, largely neglected in the literature, of why, unlike many thinkers associated with the tradition to which he belonged, he chose not to elucidate the operative steps necessary to promote happiness in a book dedicated to education. I conclude by claiming that his use of the utilitarian lexicon is not accidental and does not reveal internal contradictions, but is a tactical move intended to enable the optimal conditions for creating significant change in people.

Features of guaranteeing the rights and freedoms of the citizens of Ukraine under the conditions of the state of martial

The article analyzes the problem of guaranteeing the rights and freedoms of Ukrainian citizens under the conditions of martial law. It has been established that in the period of war, legal guarantees and legal mechanisms are particularly significant in ensuring the entire complex of fundamental human rights. It is noted that human rights are concepts used both to denote a specific list of legislative provisions or international standards, and to determine the status of a specific individual in society. It was found that the guarantees of human and citizen rights should be understood as a system of socio-economic, moral, political, legal conditions, means and methods that ensure their actual implementation, protection and reliable protection. It was established that martial law is a special legal regime introduced in Ukraine or in some of its localities in the event of armed aggression or threat of attack, danger to the state independence of Ukraine, its territorial integrity, and provides for the provision of appropriate state authorities, military command, military administrations and to local selfgovernment bodies, the powers necessary to avert the threat, repulse armed aggression and ensure national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as temporary, due to the threat, restriction of the constitutional rights and freedoms of a person and a citizen and the rights and legitimate interests of legal persons with an indication of the period of validity of these restrictions.It was found that the introduction of martial law in Ukraine makes it much more difficult for the state to ensure the rights of citizens in the conditions of the objective necessity of their partial restriction. After all, such a restriction involves a legislative narrowing of the content and scope of human rights and freedoms, as well as factors that make their realization impossible or difficult. It was emphasized that in the current difficult conditions of martial law, the priority for Ukraine is the safety of its citizens and the restoration of the territorial integrity of the state. At the same time, an important task of the state remains the improvement of activities related to the establishment and provision of human and citizen rights and freedoms.

Dynamism of human action as a key to understanding virtue education

This article presents the dynamism of human action as a key to understanding virtue education. The dynamism of human action refers to the intentional and socially situated exercise of individuals, in particular how the faculties of the human being as agent are involved. Our proposal is framed within a neotomistic anthropological paradigm that assumes the action of the Holy Spirit in synergy with human freedom. We also present some orientations for the pedagogy of virtues based on the explanation of the dynamism of human action. This paper is an interdisciplinary work that includes elements of philosophy, theology, psychology and pedagogy.

История нормативного закрепления прав и свобод в законодательстве Российской Федерации

This scientific work is devoted to the consideration of the features of the normative consolidation of human and civil rights and freedoms in the legislation of the Russian Federation. To do this, the author examines the main ideas and their normative expression in various historical periods, from the reign of Peter I to the present. The author dwells in more detail on the analysis of the current stage of development of constitutional liberalism and notes the prospects for further reform of the designated category. In conclusion of the scientific research, the author focuses on the fact that currently, in the context of the normative consolidation of human and civil rights and freedoms in Russian legislation, there are all the necessary prerequisites for continuing the implementation of democratic and liberal reforms.

Абсолютные права и свободы: некоторые проблемы правовой регламентации

The article analyzes scientific opinions on the absolute nature of the fundamental rights and freedoms of human and citizen. The result of the analysis is the conclusion that the basis for distinguishing the constitutional rights and freedoms of human and citizen from absolute and relative rights and freedoms is the legal possibility of restricting them. The norms of the Constitution of the Russian Federation and federal constitutional and federal laws governing restrictions on human and civil rights and freedoms in a state of emergency, martial law, and counter-terrorism operation are being investigated. As a result, constitutional personal rights and freedoms of a person and a citizen with signs of an absolute nature are determined. The right to free economic activity (part 1 of article 34) and the right to housing (part 1 of article 40) of the Constitution of the Russian Federation are economic and may be limited in exceptional cases.

Perkembangan Sosial Emosional Anak Usia Dini Dalam Penggunaan Gadget

Currently, technological advancements are progressing rapidly, and various modern inventions are aimed at enchancing human mobility and freedom of movement in daily life. One example of rapidy developing technology is gadgets. This journal aims to understand the impact of gadgets in the socio-emotional development of young children. The authors of this journal employed a literature review research method. The use of gadgets in early childhood has a significant impact on their socio-emotional deveploment, both positive and negative, depending on the duration, content, and contet of usage

DOMESTIC VIOLENCE: CURRENT ISSUES THROUGH THE PRISM OF LEGISLATIVE CHANGES

The article is devoted to the study of a problem that is an urgent and negative manifestation of public life not only in Ukraine but also in most foreign countries. Domestic and gender-based violence is one of the most widespread violations of constitutional human rights and freedoms, which not only causes physical pain and moral suffering, but also undermines the sense of security of a person; it is a global problem that daily harms the most valuable human goods - honor, dignity, life and well-being. For Ukraine, as well as for many other countries around the world, this problem is quite acute, so the international community is trying to actively counteract all forms of violence. Violence remains a global phenomenon that causes devastating losses at the social, economic and national level, with domestic violence being a particularly negative form of it. Ukrainian legislation has its own tools for the prevention and fair punishment of such torts, which are reflected in the Law on Preventing and Combating Domestic Violence adopted in 2018 and the relevant amendments to the Criminal Code of Ukraine. Thus, Article 126-1 of the Criminal Code of Ukraine was added to the criminal law, which stipulates that domestic violence is the intentional systematic commission of physical, psychological or economic violence against a spouse or former spouse or another person with whom the perpetrator is (was) in a family or close relationship, which leads to physical or psychological suffering, health disorders, disability, emotional dependence or deterioration in the quality of life of the victim. However, in Ukraine, since the outbreak of full-scale war, law enforcement attention has naturally shifted to war crimes, and the challenges of domestic and gender-based violence have been relegated to the background. With the ratification of the Istanbul Convention, the country faces the problem of standardizing national regulations, which Ukrainian lawmakers have the opportunity to improve guided by international means of overcoming and combating domestic violence. Such mechanisms can be implemented, in particular, through changes in national legal acts related to combating violence. First of all, we are talking about the Law of Ukraine of January 4, 2018 “On Preventing and Combating Domestic Violence”. For the comprehensive and productive fulfillment of Ukraine’s obligations, it is worth focusing on certain gaps that, in our opinion, exist in the relevant law, namely: identification of gender-based violence and introduction of the concept of “gender” in procedural acts to overcome the so-called “gender blindness” and the conflict of variability of domestic violence and the degree of responsibility for each of its types in terms of recognizing the systematic nature of acts.

ІНСТИТУЦІЙНА ПОБУДОВА ЄВРОПЕЙСЬКОЇ ТА МІЖАМЕРИКАНСЬКОЇ СИСТЕМИ ЗАХИСТУ ПРАВ ЛЮДИНИ: ПОРІВНЯЛЬНО-ПРАВОВИЙ АНАЛІЗ

Institutional accoding to normative framework adopted by international organizations established on the European and American continents. In addition, in Europe it is supplemented by the European Union Acts. Both systems have judicial and extrajudicial human rights protection mechanisms. The key judicial bodies are the European and Inter-American Courts for the Protection of Human Rights. Courts perform jurisdictional, advisory and preventive functions. They are authorized to decide both interstate complaints and individual petitions. An indicative criterion for the effectiveness of the work of the European and Inter-American Courts is the implementation of their decisions by the member states of the Council of Europe and the Organization of American States. The extrajudicial mechanism for the protection of human rights is implemented by convention bodies that are present in both systems and ensure the protection of certain categories of persons (convicts, women, children), namely: the Commissioner for Human Rights (Europe) and the Inter-American Commission for the Protection of Human Rights (North and South America ). The Agency for Fundamental Rights, which promotes the realization of human rights and freedoms (European Union), operates on the territory of Europe. The article states that the complaint review procedure has its own peculiarities. In Europe, the European Court of Human Rights is the main body for reviewing complaints. On the American continent, the complaints are first examined by the Inter-American Commission on Human Rights, and then the latter can refer them to the Inter-American Court of Human Rights, i.e. a two-level system of human rights protection is provided. On the basis of the given analysis of the theoretical material, conclusions were formulated, which set out the common and distinctive features inherent in the institutional system of human rights protection in the member states of the Council of Europe and the Organization of American States. Key words: European system, American system, institutional system, international conventions, human rights, protection of human rights, protection procedure.

Art as source of human freedom

The object of research is art and freedom. The subject of the research is art as a manifestation of free will of a person reforming his inner world and freedom as an opportunity for unhindered internal self-determination of a person in the fulfillment of certain goals and objectives; as a process of self-determination of a personality that has passed through the stages of socialization; as a way of human existence associated not only with the renewal and transformation of the external world, with the objectification of everything in it, the diversity and richness of reality, but also with the simultaneous transformation of the human spiritual world. The article attempts to prove, that there is a connection between the social and the individual: the individual cannot exist without the social, since the development and formation of a person takes place under the influence of society. The author came to the conclusion, that creativity is a manifestation of universal freedom, it asserts the value of individuality and is the highest form of intensive development of the psychointellectual level of a person. Freedom manifests itself in creativity and in the ability to realize one's aspirations, thoughts, feelings, desires that an individual is unable to realize in any other way. As a result of his creativity, a person reveals the depth of his spiritual quest, realizes his "I" regardless of whether there are external constraints. The worldview of the creator differs from the existing existence of an individual, and in creativity a person reveals his individual worldview. The creative perception of the world manifests itself in a rethinking of human relations, history, culture, the possibility of being an interpreter, an interpreter of reality.

Artificial Intelligence Systems and Non-Contractual Civil Liability: A Risk-Based Approach

Under the legislation, when artificial intelligence (AI) systems cause harm to third parties, the restoration of violated rights is carried out according to the rules of strict or culpable liability. Strict liability is applied if the AI system is recognized as a source of increased danger or has a defect. For all other cases, culpable civil liability is used. The authors have developed a new approach to non-contractual civil liability for cases of harm caused by AI systems based on the criterion of the risk level of AI systems. According to this approach, for AI systems that create unacceptable or high risk in relation to human rights and freedoms, it is proposed to apply strict liability to their developer, and for AI systems belonging to the low-risk classification group, the rules of culpable liability to restore violated rights and compensate for the harm caused should be applied. With regard to the basic models, the use of culpable liability is envisaged, except situations where AI products with unacceptable or high risk are created on their basis. The proposed approach can become an alternative to using the concept of a source of increased danger in relation to AI systems and will allow transferring strict responsibility from owners of high-risk AI systems to their developers, who have a greater impact on the safety and reliability of AI systems.

The right to be forgotten in the “global village” paradigm: on the issue of implementation

The advent of the information era in the history of mankind also caused a change in the paradigm of social relations, transforming their format, according to Marshall McLuhan's apt phrase, into a "global village". In this paradigm, the right to be forgotten becomes an important means of protecting a person from uncontrolled dissemination of unwanted information about him. The article reveals the nature of the right to be forgotten and its relationship with the phenomenon of privacy, analyzes the provisions of European legislation and practice. Attention is drawn to the fact that in Ukraine, despite the existing need to have this tool for the protection of personally sensitive information, no legislative algorithm for the effective implementation of the right in question has been developed. It is noted that, from a legal and technical point of view, the implementation of the right to be forgotten is quite difficult, since the recognition of the genetic connection of the state of being forgotten with the right to the inviolability of private life in the “global village” paradigm forces the law enforcer to always seek a reasonable balance between a person's desire to limit access to a certain information and other basic human rights and freedoms (freedom of expression, the right of users to access any form of information, etc.). Given the situation of legal uncertainty, the article concludes that there are two ways to close this gap. The first of them is to speed up work on the adoption of the new Law of Ukraine “On the Protection of Personal Data”, the provisions of which would be devoted, among other things, to practical issues of implementation and protection of the right to be forgotten; the second is to develop a separate regulatory legal act, fully devoted to the analyzed law. At the same time, when working out an appropriate mechanism for the effective implementation of the right to be forgotten, one should take into account those aspects that in practice lead to paradoxical situations in their content, such as: the mismatch of traditional physical borders with the borders of the “global village”, the Streisand effect, the disproportionality of the efforts and the achieved result, the conflict of the person's past with the possibility of their further socialization in society, etc.).