Individual Rights Research Articles

Legal and economic assessment of Neuralink: Between today's challenges and future aspirations analytical descriptive study

This research explores the legal and economic challenges associated with Neuralink’s innovative technology that merges artificial intelligence with the human brain. This technology allows individuals to control devices with their thoughts and addresses neurological disorders, thereby enhancing human capabilities. Legal concerns focus on privacy issues arising from brain data collection, necessitating new laws to protect individual rights. Questions of liability for damages also arise, determining whether responsibility lies with Neuralink or the users. Additionally, the ethical implications of enhancing human abilities and their effects on identity are examined. Economically, Neuralink could drive innovation, increase productivity, and create specialized jobs while transforming the labor market. It holds promise for improving healthcare and education, thus enhancing overall quality of life. It highlights that protecting rights is vital for innovation and meeting societal needs. It emphasizes safeguarding individual rights to promote innovation and ensure technology benefits society.

Immigration detention in Australia: the constitutional incompatibility of the Migration Act’s definition and its practical implications

ABSTRACT This article examines the constitutional validity of s 5(1) of the Migration Act 1958 (Cth), which includes prisons and remand centres as facilities for immigration detention. It argues that this statutory definition is arguably unconstitutional because it conflates the non-punitive purpose of immigration detention with the inherently punitive nature of imprisonment. The article further explores the High Court’s jurisprudence on the matter, the principles of punitive and non-punitive detention, and the implications for the rule of law and individual rights.

University Students’ Views on the Challenges Faced by Students with Difficulties

Introduction: The pursuit of an inclusive university is rooted in the commitment to ensuring equal opportunities within the educational landscape. Over the years, the notion of “inclusion” has significantly evolved, becoming a central aspect of individual rights. This shift has led to the development of various models and guidelines to provide equitable treatment to all students. Objectives: This study aims to explore the perceptions of students regarding inclusive education at a university in the north of Spain. It seeks to understand the reasons behind these perceptions, providing insights into the effectiveness of the current inclusion strategies. Methods: We conducted an online survey distributed across various faculties at a university in the north of Spain, with participation from 519 students. The data collected from the survey were coded and subjected to statistical analysis using SPSS version 28 to generate descriptive and comparative statistics. Results: The findings reveal that 2.5% of the students have experienced discrimination at some point, with 2.9% attributing such discrimination to their peers. Furthermore, 25% of the respondents acknowledged the presence of discrimination initiated by the university itself. Despite these challenges, a significant majority (88.8%) recognize the importance of inclusive education. However, 43.4% of the participants noted that the attitudes of some faculty members towards inclusion were suboptimal. Additionally, 82.9% of the respondents believe in the necessity of enhancing collaboration within the entire educational community to foster better inclusion. Discussion and Conclusions: Overall, the students view the university as inclusive but identify a gap in the awareness and training necessary for achieving true equality. These findings indicate a need for heightened visibility of resources and the provision of further training and workshops. Although the response rate to the survey was relatively low, further research might benefit from engaging a broader spectrum of student voices, especially those from non-normative or divergent backgrounds, to deepen the understanding of inclusivity at the university.

Digital Due Process : Evaluating the Ethical Implications of Cloud-Based eDiscovery Tools in Criminal Investigations

This article examines the growing role of cloud-based eDiscovery in law enforcement and its implications for investigative efficiency and individual privacy rights. As cloud technologies revolutionize legal data processing, enabling real-time analysis of vast data volumes, law enforcement agencies are experiencing unprecedented acceleration in investigations and improvements in legal compliance. However, this technological leap raises significant privacy concerns, particularly regarding access to personal digital footprints such as emails, social media posts, and linked content. The article explores the delicate balance between leveraging cloud-based eDiscovery for enhanced law enforcement capabilities and safeguarding civil liberties in the digital age. Through analysis of case studies, legal frameworks, and emerging ethical guidelines, we evaluate current challenges and propose solutions for responsible implementation of cloud eDiscovery in law enforcement. The article underscores the urgent need for a comprehensive approach that harmonizes technological advancements with robust privacy protections, ensuring that the pursuit of justice does not come at the cost of individual rights in an increasingly digital world.

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

Obtaining samples for examination in criminal proceedings: a comparative analysis

This article explores the procedures for obtaining samples for examination in criminal proceedings, focusing on the practices in Ukraine, the Netherlands, and France. It aims to identify commonalities and differences in legislative frameworks and procedural practices across these jurisdictions, highlighting their implications for human rights. While the practice of obtaining samples is essential for criminal investigations, it must be balanced with the rights of individuals. The research reveals that while Ukraine’s Criminal Procedure Code outlines sample collection procedures, it lacks detailed regulations that ensure the protection of rights during this process. In contrast, the Dutch and French legal systems provide clearer frameworks and protections, influenced by the European Court of Human Rights (hereinafter referred to as the ECHR) rulings. The ECHR has established important principles regarding the collection of biological samples, emphasizing the necessity of consent and the need to avoid arbitrary interference with individual rights. This comparative analysis underscores the importance of aligning Ukrainian legislation with the ECHR standards to safeguard human rights effectively. The findings suggest the need for a more precise legal framework in Ukraine that differentiates between sample collection and other investigative actions, ensuring transparency and protection of individual rights. Ultimately, the study calls for legislative reforms in Ukraine, inspired by successful practices in the Netherlands and France, to create a more robust and rights-respecting framework for obtaining samples in criminal proceedings.

PERSPEKTIF HUKUM ADMINISTRASI TERHADAP BUDAYA ORGANISASI DALAM PEMBANGUNAN HUKUM

the role of administrative law perspectives on organizational culture in supporting legal development in Indonesia. A strong organizational culture is viewed as key to optimizing the function of law as an instrument for social renewal. This enables the legal system to adapt to rapid and diverse social changes, which is crucial for responsive and equitable legal development. The perspective of administrative law focuses on balancing government power with the protection of individual rights through a legal structure that is transparent, fair, and efficient. In this context, establishing an adaptive legal culture is essential for achieving good governance, fostering legal certainty, and building public trust in the government.

CHINA, THE ILLIBERAL COUNTER-ORDER, AND THE ROLE OF VALUES IN THE STRATEGIC RESPONSE

This study examines how the People’s Republic of China’s advance of its economic and other objectives both supports, and benefits from the challenges by illiberal states to the rules-based international order. It argues that one of the most important dynamics of the current international system is how, in the context of interdependence and interaction accelerated by new technologies, the feedback loop between those activities of the PRC, and its international partners, are simultaneously enriching and empowering the PRC, and expanding the space in which such illiberal actors can operate, while also weakening the institutions and rule of law which have created the basis for interdependence, security, and prosperity since the end of the Second World War. This work recognizes the variety of goals of illiberal actors with which the PRC engages for its own benefit, distinguishing the dynamic from the structure of competing “blocks” that characterized the Cold War. This work further looks at the interaction between political and economic systems under stress new technologies, and the role of the state in this transformational period, It argues that the new dynamic is reopening fundamental questions about the relationship between the state, individual, and society, and associated questions about economic and political organization itself is in question. In addressing these challenges, this work concludes that transactional “competition” between Western democracies and their opponents for the loyalties of the rest is not enough. It argues that that Western democracies must both hedge against the coming destabilization of the international system, while leading by example and advancing more compelling arguments in the new context for why societal interests are best served by the protection of individual rights and individual choice as the foundation of government legitimacy, as well as for individual ownership and initiative, rather than government as the principal generator of economic value and technological progress in society.

Simulated misuse of large language models and clinical credit systems.

In the future, large language models (LLMs) may enhance the delivery of healthcare, but there are risks of misuse. These methods may be trained to allocate resources via unjust criteria involving multimodal data - financial transactions, internet activity, social behaviors, and healthcare information. This study shows that LLMs may be biased in favor of collective/systemic benefit over the protection of individual rights and could facilitate AI-driven social credit systems.

Neurorights, Neurotechnologies and Personal Data: Review of the Challenges of Mental Autonomy

Objective: to present the results of a systematic review of research on the impact of neurotechnology on legal concepts and regulatory frameworks, addressing ethical and social issues related to the protection of individual rights, privacy and mental autonomy.Methods: The systematic literature review was based on the methodology proposed by a renowned British scholar, a professor emerita of computer science at Keele University Barbara Kitchenham, chosen for its flexibility and effectiveness in obtaining results for publication. Thorough searches were carried out with the search terms “neurotechnology”, “personal data”, “mental privacy”, “neuro-rights”, “neurotechnological interventions”, and “neurotechnological discrimination” on both English and Spanish sites, using search engines like Google Scholar and Redib as well as databases including Scielo, Dialnet, Redalyc, Lilacs, Scopus, Medline, and Pubmed. The focus of this research is bibliometric data and its design is non-experimental with a cross-sectional and descriptive, using content analysis based on PRISMA model.Results: the study emphasizes the need to establish clear ethical principles to protect individual rights and promote responsible use of neurotechnologies; a number of problems of mental autonomy were identified, such as improper handling of information, lack of legal security guarantees, violation of rights and freedoms in the medical sphere. The author shows the need to adapt the existing regulatory legal framework to address the ethical and social problems arising from the new neurotechnologies. It is noted that a broad study of neurotechnology issues will contribute to the protection of human rights.Scientific novelty: an expanded understanding of the five neurorights within the Universal Declaration of Human Rights is proposed; neurorights are viewed as a new category of rights aimed at protecting mental integrity against the misuse of neurotechnologies. The author justifies the adoption of such technocratic principles as personal identity, free will, mental privacy, equal access and protection against bias.Practical significance: the obtained results are relevant for understanding modern legal concepts related to neurorights and for adapting the existing normative legal acts to solve ethical and social problems arising from the emergence of new technologies, protection of human neurorights and liability for their violation. The study of these issues is key for provision of further responsible development and use of neurotechnologies.

Reforming Post-Arrest Bail in Pakistan: Lessons from a Comparative Study with India

This research paper presents a comparative analysis of the legal frameworks governing post-arrest bail in India and Pakistan, with a focus on the statutory provisions, judicial interpretations, and procedural safeguards that are involved. Although both states share a common legal heritage which is rooted in British colonial law, however, they have diverged in their approaches to bail, which are influenced by their respective constitutional mandates, legislative developments, and sociopolitical landscapes. This comparison is essential in order to understand how these legal systems are balancing individual rights with societal security and how judicial discretion are shaping bail in each country. For this purpose, this paper examines constitutional provisions besides main statutory provisions of the Indian and Pakistani criminal procedural laws, the role of judicial discretion and evolving jurisprudence of the post-arrest bail. This study offers insights into potential legal reforms, with an aim to enhance fairness and consistency in bail practices, through juxtaposing these principles in India and Pakistan. This study concludes that Pakistan should consider restructuring its bail procedural laws and system, and it suggests reforms taking into account the benefits of India’s progressive legal framework, to ensure consistency, fairness, and the protection of individual rights. This research also recommends future studies on balancing bail and incarceration, through focusing on judicial discretion and the application of the principle of proportionality.

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.

LIMITES DA PRIVACIDADE DIGITAL: IMPLICAÇÕES JURÍDICAS NO DIREITO PENAL

This article deals with the limits of digital privacy and its legal implications in Criminal Law. Given the complexity evident in the digital era, this study aimed to analyze the legal implications in Criminal Law regarding the protection of personal data. Methodologically, bibliographical research was used through research in articles, jurisprudence and books to support the study. It analyzes the tension between the protection of individual rights and the need to combat cybercrime, emphasizing the importance of adequate legislation to guarantee digital security without compromising the privacy of citizens. The research uses a qualitative and bibliographical approach, exploring challenges such as collecting digital evidence and the legal implications of online surveillance. In the end, there was great progress in legislation in the fight against cybercrime, strengthening the protection of personal data. However, the difficulty of identifying offenders of crimes like these is still a challenge, and, to be combatted, requires improvements in supervision and improvement of digital investigation mechanisms, in addition to more effective cooperation between national and international authorities. This includes the development of advanced technologies and the creation of specific legal protocols that help identify and hold perpetrators accountable without compromising the rights of individual citizens.

Strong or thin digital democracy? The democratic implications of Taiwan's open government data policy in the 2010s

What kind of “democracy” do new government-led digital initiatives facilitate? This paper discusses the issue by investigating the open government data policy in Taiwan in the 2010s, asking whether the policy encouraged “strong democracy.” Using interviews, written records, and an analysis of platform design, I argue that the implementation of Taiwan's open data policy has not institutionalized the engagement of civil society groups or ordinary citizens in government decision-making processes, which is at odds with the claims that open government data encourages “strong democracy.” Instead, open government data in Taiwan has facilitated monitorial democracy, which presupposes watchful but not active citizens, and neoliberal democracy, which presupposes profit-pursuing citizens. Both are more in line with “thin democracy,” which focuses more on individual rights and private interests than on participation and political community. The finding sheds light on why conservative governments around the world often embrace open government initiatives.

Balancing Safety and Justice, the Ethics of Predictive Policing

Examining the ethical ramifications of predictive policing in South Africa, the research aims to pinpoint major obstacles and dangers while examining potential solutions to allay worries and guarantee responsible application. Key subjects include data privacy, algorithmic bias, over policing, community involvement, accountability and transparency, and transparency. reduction of bias, oversight procedures, Important Points, Significant ethical issues are brought up by predictive policing in South Africa, including invasions of privacy, algorithmic prejudice, and over policing. Given the historical and current backdrop of racial inequality, these worries are more pressing. In order to address these issues, a balanced strategy that puts individual rights and public safety first is needed. In order to guarantee that predictive policing is used responsibly in South Africa, transparency, accountability, community involvement, and ethical standards are crucial. It is essential to mitigate bias in algorithms and data in order to stop biased results. An over-reliance on predictive policing can be detrimental to community relations and conventional enforcement techniques. Methodological strategy: Designing qualitative research, review of the literature, semi-structured interviews with members of the public, law enforcement officers, and predictive policing specialists Case studies of South African predictive policing initiatives, Content study of South African media reports on predictive policing. Relevance. The work advances our knowledge of the moral conundrums raised by predictive policing in South Africa in a more comprehensive and nuanced way. The study can serve to raise public awareness and encourage participation in the discussion over predictive policing in South Africa. The findings can assist policymakers and law enforcement agencies in creating moral and practical strategies for implementing predictive policing. In conclusion, there are advantages and disadvantages to predictive policing in South Africa. Although technology presents the possibility of more effective and efficient law enforcement, it also brings up serious ethical issues. South Africa can minimize the dangers associated with predictive policing while maximizing its potential advantages by addressing these issues and putting the necessary procedures in place.

Academic Freedom as Content Moderation: A Framework in Favor of Individual Rights and Institutional Autonomy

Academic Freedom as Content Moderation: A Framework in Favor of Individual Rights and Institutional Autonomy

Justifications and acceptability of coercive public health measures in the COVID-19 response in South Africa: a case study of the jurisprudence of human rights cases.

South Africa implemented a comprehensive response to COVID-19 comprising of several coercive public health measures. As in many countries, COVID-19 measures were subject to a number of legal challenges on the grounds that these measures infringed on individual rights and liberties. Here, courts were required to assess the extent to which these limitations were justifiable against the state's imperative to improve public health. Consequently, the acceptability of different justifications of coercive public health measures during the COVID-19 pandemic in South Africa may be understood and assessed through the lens of its jurisprudence. This paper seeks to outline the approach to allowing, or disallowing, coercive public health measures as adopted by the judiciary as arbiters of allowable human rights infringements and thus permitting or prohibiting the state from exercising coercive powers. Specifically, this analysis aims to identify the principles underpinning the decisions with an expressly ethical lens with a view to providing content for the operationalisation of justifications for coercive state action such as the harm principle, reciprocity, least restrictive means in relation to the promotion of public health and the limitation of individual liberty.

(Re)configurations of public education: marketisation, teacher professionalism, and individual rights of students and educators in Norway and Sweden

ABSTRACT This article studies the (re)configurations of ‘public education’ in Norway and Sweden by empirically unpacking connections between marketisation, teacher professionalism and schools’ mandate to secure the individual rights of students and teachers. These countries share considerable common cultural and political history; however, they display varying trajectories and configurations in both educational policy and practice. This makes these cases particularly useful for comparing how ‘publicness’ and ‘public education’ are (re)configured in the two Nordic welfare states. This comparative exploration is framed by four dimensions of public schooling regarding national policy set-ups expressed through control, access, funding, and teaching. The data includes official policy documents, such as legislation and government reports. We unpack and discuss commonalities and differences by relating them to multiple issues of (re)configured ‘publicness’ and its implications. Moreover, we argue that the differences in the degrees to which inflows have shaped the Norwegian and Swedish education systems (despite their similarities) offer valuable opportunities for exploring (re)configurations of the notion of publicness.

Beyond Borders : Addressing the Legal Quagmire of Jurisdiction in Cyberspace

This article delves into the complex scenario of governing cyberspace, addressing key issues such as accessibility, digital disparities, and the regulatory challenges posed by cross-border activities, and applicable test by judiciary across the globe while resolving such emerging issues. Despite technological progress, cyberspace largely remains an unregulated realm, creating opportunities for cybercrimes such as stalking, data breaches, exploitation of minors, and hacking. The lack of a cohesive global governance structure makes tackling these issues a formidable task. The article offers a critical assessment of the Budapest Convention on Cybercrime, the sole international treaty on cybercrimes, pointing to its limited acceptance, especially among ASEAN nations. This hesitation underscores an ideological rift: some countries prioritize cyber sovereignty, while others support a multi-stakeholder model that incorporates contributions from governments, private enterprises, and civil society. These divergent views present barriers to legal harmonization and obstruct cross-border collaboration in prosecuting cyber offenders and ensuring data protection. To address these multifaceted challenges, the article suggests a layered governance approach, integrating global frameworks with regional alliances and national strategies. This model encourages international cooperation while respecting national sovereignty, emphasizing the importance of public-private partnerships to bolster cybersecurity. Furthermore, it advocates for investments in digital infrastructure and cyber literacy programs to reduce the digital divide, facilitating broader, fairer access to online spaces. Ultimately, the proposed governance model seeks a balanced approach, safeguarding individual rights alongside the imperatives of security and accountability, and aiming to cultivate a cyberspace that is safer, more inclusive, and subject to responsible oversight.

Navigating the Privacy Paradox : Balancing AI Advancement and Data Protection in the Digital Age

The rapid advancement of artificial intelligence (AI) technologies has ushered in an era of unprecedented data utilization, raising critical concerns about individual privacy. This article examines the complex interplay between AI development and data protection, exploring the challenges of balancing the need for large-scale data processing with the imperative to safeguard personal information. We analyze current regulatory frameworks, including GDPR and CCPA, and their efficacy in addressing AI-specific privacy issues. The article also evaluates technical measures such as differential privacy, federated learning, privacy-preserving machine learning algorithms, and organizational best practices for responsible data management. By synthesizing computer science, law, and ethics perspectives, we propose a multidisciplinary approach to fostering AI innovation while robustly protecting individual privacy rights. Our findings underscore the need for adaptive regulations, enhanced technical safeguards, and increased collaboration between stakeholders to navigate the evolving landscape of AI and privacy in the digital age.