Legal Recognition Research Articles

Legal Recognition, Protection, and Health: A Socio-legal Framework for Assessing Determinants of Health in the Jamaican Trans Community

Abstract: In Jamaica and the wider Caribbean, the legal system allows for discrimination based on gender and sexual identity with impunity. This exposes trans people to disparate risks of violence and barriers to accessing social services such as health care. In this paper we assess the social determinants of health in the Jamaican trans population using a modified social-ecological model of transgender stigma and stigma interventions. To conduct this assessment, we situated the findings of the 2021 Jamaican Trans Health Needs Assessment and Trans Health Strategy within the socio-ecological framework with direct application to rights-based health services as well as the Jamaican legal system to develop a model for understanding the socio-legal determinants of health. The social determinants of health identified within the Jamaican trans community are all influenced by a lack of legal protection suggesting a need for legal reform toward nondiscrimination of sexual and gender-diverse populations.

Traditional Black Midwifery to Enhance Birth Justice

In this commentary, we explore the significance of traditional Black midwifery practices across diaspora and global contexts, focusing on their potential for birth justice. By integrating cultural, health, and historical perspectives, we highlight the transformative power of traditional Black midwifery. Furthermore, we address the challenges that Black traditional and formally trained midwives face within contemporary health care systems. Barriers such as legal restrictions, limited recognition, and inadequate resources hinder the integration of Black midwifery into formal health care frameworks. Finally, strategies to promote collaboration, cultural, and respectful dialogue between traditional Black midwives and modern health care providers are proposed to overcome these challenges.

Reforming Marriage Law in Indonesia: A Critical Examination of Islamic Law on the Ban of Interfaith Marriages

Interfaith marriage is a widely debated issue in Indonesia, particularly within the context of Islamic law. The prohibition of interfaith marriages has frequently been the subject of substantial criticism from an Islamic legal perspective. This article aims to critically examine the enforcement of this prohibition within Indonesia's marriage legal system. Employing a normative legal approach and literature analysis, the research explores various Islamic law perspectives on the prohibition of interfaith marriages. Additionally, this study analyzes the social, cultural, and legal impacts of this prohibition on Indonesian society. The findings indicate that the prohibition of interfaith marriages often conflicts with principles of justice, religious freedom, and human rights. In the context of Islamic law, several scholars and legal experts advocate for a more inclusive interpretation, emphasizing the importance of considering social context and justice in marital regulations. It is essential to formalize Islamic law by incorporating sociological and cultural aspects and aligning it with the national constitution. Therefore, the development of Indonesia's marriage legal system must consider universal values that evolve sociologically and culturally. In conclusion, this research underscores the need for reform in Indonesia's marriage legal system to accommodate individual needs and rights while respecting religious and cultural values. These changes are expected to provide legal recognition for interfaith marriages and promote a more inclusive and harmonious society.

Defining ‘religious body’ under Irish marriage law

ABSTRACT Census 2022 shows an ever more diverse religious landscape in the Republic of Ireland. Recent marriage data published by the Central Statistics Office further speaks to the dramatic socio-religious shifts which have taken place in the jurisdiction, particularly over the past 20 years. Yet, although there has been a rapid proliferation of legislatively recognised religious bodies under Irish marriage law, specifically the Civil Registration Act 2004 (as amended), this development appears to have largely gone unnoticed, attracting little (if any) academic attention. This article therefore seeks to place the spotlight on how the definition of ‘religious body’ pursuant to the 2004 Act (as amended) has been interpreted by the Registrar General and highlights how the legislative machinery facilitating the legal recognition of such bodies is being utilised in practice as a result. It then considers the correctness of the Registrar General’s liberal understanding of the term ‘worship’ before turning to explore whether this interpretation is likely to have any broader implications for the understanding of ‘religion’ or ‘religious body’ in other legislative or constitutional contexts.

Navigating the Legal Landscape, a comprehensive study on Live-In Relationships in India

A concept live-in-relationship progressed with the changing times and with the changing social rules of society. As we can see a crucial change in our Indian Culture and in its social construction in the recent years. That crucial change is called live-in-relationships. It means the cohabitation of individuals without formal marriage. But, still these type of bonds doesn’t have any legal recognition and considered taboo in India. As it is considered against the rituals and the norms of any society and culture, but in today’s times, these relationships are being accepted in various places of India. Historically, Indian society primarily adhered to the sanctity of marital institutions. However, societal changes of shifting mindsets and legal development have gradually reshaped perceptions surrounding live-in relationships. In today’s time live-in relationships are not considered as a criminal offence and they are not illegal. Every culture of society is subject to change and so has the Indian society. The form of togetherness and love has taken a different form known as live-in relationships. My research aims to overview the acknowledged status of live-in relationships in India.

Childhood, Education, and Citizen Participation: A Systematic Review

Citizen participation among children and adolescents is key for the development of society. According to the Convention on the Rights of the Child, the legal and ethical recognition of public, education, and social policies for children is vital for ensuring an active and critical society. The aim of this research paper is to analyse the characteristics and challenges of citizen participation during childhood as an educational process. The methodology employed was a systematic review carried out using the WOS, SCOPUS, and ERIC databases, taking into account the PRISMAS 2020 protocol. The results show that the incorporation of a culture of participation in children and adolescents will guarantee the persistence of democratic systems, although there are still challenges to overcome. The conclusions suggest that it is crucial that educational institutions, families, and society as a whole commit to promoting the philosophy of citizen participation at an early age in formal and non-formal educational contexts.

Recognition of Lempa Dua Principle as Traditional Rights of Indigenous People Tau Taa Wana

Tau Taa Wana Indigenous Law Society is an integral part of the nation that has traditional or indigenous rights that must be respected and protected. The existence of the value of customary law as a sub-national legal system is recognized constitutionally in Article 18B Paragraph (2) of the 1945 Constitution of The Republic of Indonesia. The state recognizes, respects, and guarantees the enactment of customary law and its traditional rights as an integral part of the national legal system in Indonesia. This research aims to analyze and explain the legal recognition of the constitutional rights of Tau Taa Wana in the essential legal value of lempa dua as part of the Indonesian legal system for law enforcement eforts. This research used the normative-empirical method withlibrary research and the study of law as a reality (behavior) is done through research on how people follow the lempa dua principle as the living law. It shows that legal recognition of the rights of Tau Taa Wana guaranteed by the Constitution, as long it still exists as a subsystemofIndonesian law as well asa cultural identity and the rights of traditional peoples which is a human right that must be respected. As a subsystem of law, the principle of lempa dua also has a strict ordinance and division of duties between the three elements of kinship in resolving conflicts that occur between relatives tied in the principle of lempa dua. Also, juridicallydetermined that judges and Constitution Court judges as law enforcement are obliged to always keep up with the development of the values of law and justice ofsociety in prosecuting and deciding the case against the court.

State-Civilization: Cultural Aspects of Political Theory

The paper examines the current state of the theory of the state‑civilization, a new concept of the form of the state for both domestic and foreign historical and political science that is based not only and not so much on the legal recognition of its constitutional and legal status, but rather on the cultural identity of its founding community. The author analyzes the current ideas of Russian scholars and researchers regarding the main features of the state‑civilization, and compares them with the traditional concept of «national state.» Using the methodology of historical and cultural analysis, the author considers the stages of the Russian statehood formation. It is postulated that the State as a system of political institutions and management practices is one of the elements of civilization. The specifics of the system of state power and administration practices are the result of conscious human activity at a certain stage of the development of society on a par with other achievements of social and spiritual cultures. The conclusion is made about the variability of the form and content of the state in its political and legal meaning, which prevents the concept of the state‑civilization from being opposed to the concept of a national state, despite the existing views of a number of researchers on this subject. However, the author notes the immutability of such phenomena of civilization as space, people and culture, customs and traditions, ways and values, which suggests that the concept of «state‑civilization» should be considered in relation to the study of law and politics in its cultural significance.

Deepfake Pornography: Examining the Impact on Women's Digital Privacy and Consent

Cybercrime is a growing concern in India, particularly for women, due to societal devaluation and inadequate legal recognition of cybercrimes. With the advancements in Artificial Intelligence (AI) have led to various forms of cybercrime, including deepfakes and dark web activities. Currently, India lacks specific legislation to address emerging cybercrimes targeting women. The existing statute, such as the Indian Penal Code of 1860 and the Information Technology Act of 2000, collectively aim to address these issues. This paper explores deepfake cybercrimes, that significantly impact on women's dignity and violate their right to privacy, particularly on social media platforms. The study highlights the inadequacies of current cybersecurity laws in effectively addressing deepfake-related cybercrimes in our technologically advanced society. The study explores the technological underpinnings of deepfake creation, legal frameworks, and potential solutions to mitigate the harms caused by deepfake pornography

The Impact of Family-Teacher Relationships on Students Academic Progress and Enhancement Strategies

Families and schools, as essential microenvironments for child development, must collaborate for optimal educational outcomes. China s legal recognition of home-school cooperation since 2022 underscores its growing significance. This study confirms that positive interactions between home and school enhance student performance and motivation, while also affecting their emotional well-being and school adaptability. Effective strategies such as improving communication, engaging parents, and enhancing teacher training are proposed to bolster this collaboration, thereby fostering a supportive learning environment and contributing to students overall development.

Transgender persons' view on previous fertility decision-making and current infertility: a qualitative study.

How do adult transgender and gender diverse (TGD) people, who are infertile due to prior gender-affirming treatment, view their current infertility and their reproductive decisions made in the past? In a time where sterilization was mandatory, transgender adolescents prioritized gender-affirming treatment over their future fertility and would make the same choice today despite emotional challenges related to infertility experienced by some. Under transgender law in the Netherlands, sterilization was required for legal gender recognition until 2014, resulting in permanent infertility. The long-term consequences of this iatrogenic infertility in transgender adolescents who have now reached adulthood remain underexplored. Qualitative study design based on 21 in-depth one-on-one semi-structured interviews. TGD people in a stage of life where family planning may be a current topic were eligible for participation. They all received gender-affirming treatment in adolescence prior to the legislation change in 2014. A purposeful sampling technique was used from participants of another ongoing study. Eleven people assigned female at birth and ten people assigned male at birth were included. Interview transcripts were thematically analysed using a modified version of Braun and Clarke's six steps theory. Six main themes were generated: (i) personal considerations regarding fertility and fertility preservation in the past; (ii) external considerations regarding fertility and fertility preservation in the past; (iii) current vision on past considerations and decisions; (iv) Current experiences and coping with infertility; (v) future family building; (vi) advice regarding fertility and fertility preservation decision-making. Selection, recall, and choice supportive bias may play a role in interpreting our results. This study highlights the importance of tailored counselling and comprehensive information on fertility preservation for transgender individuals, especially adolescents, undergoing gender-affirming treatment. N/A. N/A.

Affirmative Consent is Not Enough: A Feminist Critique of the NSW Reforms and the Limits of Consent under Patriarchy

ABSTRACT On 1 June 2022, long-awaited reforms to the law of sexual consent came into force in NSW. The central feature of the amendments is the introduction of affirmative consent – a ‘yes means yes’ standard which requires positive communication for sex to be lawful. In the context of national conversation around the prevalence of sexual assault, instituting affirmative consent is an important step – but is it enough? This paper considers the NSW model and introduction of affirmative consent in the context of feminist theory, particularly the arguments raised by Catharine MacKinnon in Toward a Feminist Theory of the State. Engaging with the limits of the consent framework as a product of a liberal, patriarchal system is critical to improving the legal recognition of the spectrum of sexual assault experienced by women.

“You should care by prohibiting all this obscenity”: a public policy analysis of the Russian law banning medical and legal transition for transgender people

ABSTRACT Gender-affirming care and legal gender recognition (LGR) have been relatively well developed in Russia since Soviet times. During the past decade, in line with the general authoritarian and conservative turn, transgender (trans) rights have increasingly come under attack. In 2023, anti-trans forces succeeded in bringing about the adoption of a law that prohibited gender-affirming care and LGR, preventing marriage and adoption of children for trans people. This article uses the Authoritarian Gender Equality Policy Making framework to understand the structural opportunities, actors, framings, and the autocrat’s signaling that led to this result. The policy reversal resulted from increased visibility of trans issues in Russia and worldwide coupled with their reframing from a medical problem to a geopolitical threat in the context of a military and cultural confrontation with the West following Russia’s “special military operation” against Ukraine in February 2022.

MSME Development to Increase IPR Valuation

This study discusses the protection of Intellectual Property Rights (IPR) in Indonesia, particularly in the context of Micro, Small, and Medium Enterprises (MSMEs). Indonesia has regulations that protect IPR through Law No. 21 of 1961 on Industrial and Trade Marks, and Law No. 20 of 2008 on MSMEs, which support business development. IPR protection is essential for MSMEs to enhance competitiveness and obtain legal recognition for their works. However, public awareness and understanding of the importance of IPR remain low, and there are various obstacles in the registration and management process of IPR. This research employs a normative juridical method by reviewing literature related to relevant theories, concepts, principles, and legal regulations. The results show that brand development and industrial design in MSMEs can provide significant added value, as well as the importance of patent protection to encourage innovation. It is hoped that the government can facilitate the registration process and socialization of IPR, and establish a specialized institution for IPR valuation to enhance the economic contribution of MSMEs in Indonesia.

Withholding the letter: Transgender asylum seekers, legal gender recognition, and the UNHCR mandate

Abstract In the absence of legal gender recognition (LGR), transgender people carry documents that misrecognize them. The link between LGR’s absence and exposure to violence and exclusion—experiences that often force transgender people to flee—is clarified by scholarship. However, when a trans person seeks asylum, they are often provided with documents that, rather than unambiguously recognizing their bearer, repeat this misrecognition. This incongruence often exposes transgender asylum seekers to greater risk. Previously, I have argued that, at the moment in which they seek international protection, transgender asylum seekers experience a form of statelessness due to the absence of LGR. In this paper, I build on this argument, drawing on a range of empirical studies to suggest that conditions of statelessness already exist prior to fleeing. As a result, I argue that the UNHCR is under obligation to provide documents recognizing their holder, even if this runs counter to state legislation.

The Concept of ‘Inventiveness of Machines’: How Ready is Patent Law to Afford the Creative Inventiveness of Artificial Intelligence?

Making science fiction a reality, Artificial Intelligence (AI) has become a transformative drive in almost every aspect of human life today. With the advancements of modern technology, AI has acquired the ability to think like humans and create inventions that are economically worthwhile. The concept of ‘inventiveness of machines’ has become a focal point in the field of intellectual property law at present. It has compelled the world to reconsider the parameters of patent law in terms of protecting AI inventors and inventions of AI. Simultaneously, the procurement of patents for inventions of AI has posed challenges not only in the legal field but also in ethical and moral aspects. As AI is gradually becoming an undeniable part of human life, every nation will have to adopt the developments of AI technology into their legal systems sooner or later. Taking the prevailing definitions of ‘inventor’ into account, this research mainly discusses whether machine inventors and human inventors be given equal protection of law or whether there should be different dimensions of protection. This paper also discusses the moral and ethical dilemma of granting legal recognition for AI inventors while examining the capability of existing legal framework including Sri Lanka in accommodating the inventiveness of machines. This research was carried out using mixed method approach. Literature review, qualitative and empirical research methodologies and comparative analysis were incorporated to strengthen the study. The paper concludes by highlighting the need of legislative intervention of competent authorities to reconsider the legal parameters to accommodate the possible challenges waiting to be imposed by inventiveness of machine in future. This paper also introduces the concept of ‘collaborative inventiveness of humans and AI’ and suggests recommendations to amend existing laws in a manner that they afford the technological advancements of modern times.

Evolution of transgender rights in India: Better late than never.

The progress of transgender rights in India has seen significant strides with milestones such as the National Legal Services Authority (NALSA) judgment and the enactment of the Transgender Persons (Protection of Rights) Act in 2019. The NALSA judgment recognized the right of transgender individuals to self-identify their gender. This decision led to the formal recognition of a 'third gender', advancing legislative and social reforms. Prior to this, transgender individuals faced substantial hurdles, including limited access to education, employment, and healthcare due to a lack of legal recognition. Within a few years, The Transgender Persons (Protection of Rights) Act established a framework that safeguards the rights of transgender individuals and prohibits discrimination based on gender. This legislation requires the government to take measures like promoting education, providing vocational training opportunities, ensuring accessible healthcare services, and offering social security support. It also addresses the healthcare needs of transgender individuals thereby contributing to their overall well being. The Support for Marginalised Individuals for Livelihood and Enterprise (SMILE) program and Garima Greh are initiatives that provide spaces and empower a marginalized transgender individuals and promoting their inclusion, justice and empowerment. This article explores the progress pertaining to transgender rights and welfare, while highlighting efforts undertaken by the Indian government.

Same-sex marriage in Japan and the role of courts in a dominant party system

Japan is increasingly isolated among advanced economies in not having made provision for same-sex marriage or same-sex civil unions at the national level. The main political obstacle to legal recognition of same-sex couples is the Liberal Democratic Party (LDP), Japan’s dominant party, which has ruled the country with only two interruptions since 1955; many other parties support legalizing same-sex marriage, while the LDP does not. The literature suggests that the LDP secured its dominant position due to opposition fragmentation and ineffectiveness, and its own clientelist practices. Against this backdrop, cases are progressing through the Japanese judicial system seeking a finding that same-sex marriage is required under the 1947 Constitution. At the time of writing, the results of these cases have been mixed, with one case finding the current marriage law unconstitutional and two finding it constitutional. This article contends that Japanese courts should find in favour of these claims and hold that same-sex marriage is constitutionally required. That is so not merely because it is the better position under existing legal doctrine relating to equality and non-discrimination under Article 14(1) of the Constitution, but also because the dominant party status of the LDP means that there is less reason in constitutional theory for courts to show deference to the legislature. In a dominant party system, there is less reason to expect that the government will pay sufficient heed to rights, while ‘counter-majoritarian’ difficulties with judicial review are less credible given the more ambiguous nature of the democratic mandate of the legislature. This undercuts a significant justification given for judicial deference.

Legal Status of Vietnamese Protestant Churches: The Pros and Cons

To operate legally, religious groups must be legally recognized in Vietnam. However, as of 2023, only twelve Protestant groups had been officially recognized, and a few more religious leaders had registered their organizations for legal recognition. Our research data indicate that a significant number of Protestant groups operate without legal recognition, and this article analyzes the reasons for this situation. Based on 49 interviews, the authors argue that legal recognition is particularly important for large Protestant churches, which require legal status to obtain certain administrative powers and to become eligible for material support from the state. However, the administrative process for legal recognition is very complicated. Furthermore, obtaining legal status often implies increased surveillance of religious activities by local administrators, which may inhibit their evangelistic activities. Consequently, many representatives of Protestant religious groups have decided to operate without legal status, even at the risk of legal sanctions.

RESERVA MARINA GALÁPAGOS

The “Galapagos Islands” represent a unique ecosystem in the world, home for an internationally recognized mega diversity. The islands have two protected areas: the “Galapagos National Park” and the “Galapagos Marine Reserve”, considered one of the most ecologically rich areas. Over the years, there has been legal, environmental and social recognition of the islands, which is a great step towards their protection, although this does not mean that they are not facing major challenges.