Legal Safeguards Research Articles

The role of law in conserving wildlife in Bangladesh

ABSTRACT In spite of the prominent Wildlife (Conservation and Security) Act, 2012, and many international treaties and agreements to curb the illicit wildlife trade, Bangladesh’s biodiversity is crashing. Illicit trade thrives because the country lacks the administrative, legislative, and technological capacity to implement legal safeguards. This commentary discusses the challenges and ways to prevent wildlife-related crimes and conserve biodiversity in Bangladesh with the collaboration of international legal frameworks.

REVIEW OF THE INTERNET BLOCKING CASE IN PAPUA IN CYBER LAW PERSPECTIVE

The internet has become an essential part of modern life, increasing the efficiency of everything. It should be no surprise that internet abuse can lead to crimes that harm everyone. As a result, there is a need for legal safeguards known as Cyber Law, which intersects with Human Rights. The case of internet blocking in Papua, in which the government blocked or slowed internet connections in Papua, is the subject of this article because it raises many issues in the fields of Human Rights and Cyber Law, which, on the human rights side, is regulated in the 1945 Constitution, which states that everyone has the right to benefit from technology. In this case, the government cannot meet the aspect of Human Rights. However, in Cyber Law, this is intended as a limitation to reduce a crime on social media or the internet that causes chaos. As a result, this paper will elaborate on the Papua case from the standpoint of Cyber Law. The Administrative Court's decision used a normative legal approach and an objective case approach to investigate this phenomenon experimentally. The study then employs a qualitative method with literature and empirical approach, obtaining data through legal analysis and social phenomena that occur in society. Although further investigations are needed, the present study contributes to a better understanding of the case that occurred in Papua related to the government's blocking or disconnection of the internet. It was not a violation of the law because the government at the time made good decisions for the entire community's benefit, ensuring that everyone was safe from cybercrime or false news, which has the potential to sever Indonesia's unity.

Epilepsia versus Saúde e Segurança Ocupacionais

Introduction/framework/objectives It is not uncommon for a worker to report having Epilepsy during the Occupational Health exam, a fact that, in certain work contexts, may imply a risk of an eventual serious accident, sometimes arising some doubts on how to classify aptitude, maintaining confidentiality and simultaneously informing the employer/management/human resources which tasks should be avoided. Methodology This is a Bibliographic Review, initiated through a search carried out in January 2022 in the databases “CINALH plus with full text, Medline with full text, Database of Abstracts of Reviews of Effects, Cochrane Central Register of Controlled Trials, Cochrane Database of Systematic Reviews, Cochrane Methodology Register, Nursing and Allied Health Collection: comprehensive, MedicLatina and RCAAP”. Contents In Epilepsy, the existence of abnormal electrical activity in the brain is verified; it is a dysfunction of the central nervous system, episodic and unpredictable, although controllable in the majority. The epileptic seizure may lead to loss of consciousness and/or intense and involuntary muscle contraction. Some side effects of the drugs used can contribute to the abandonment of therapy or, at least, the omission of some doses. The unemployment and underemployment rate is higher in these individuals; not only because of the stigma associated with the crisis and risk of accident, but also because of the side effects of drugs, such as drowsiness, vertigo, headache and/or cognitive changes, which can reduce work performance. In addition, unemployment can be further exacerbated by a decrease in self-esteem, lower qualifications (in terms of qualifications and professional experience), not having a driver license and because there is little information about the disease (from colleagues and employer). Assessing an epileptic’s ability to work is a complex task, especially when there are reasonably recent seizures. Aptitude will vary from case to case, considering the type of Epilepsy, frequency and intensity of seizures, control provided by medication and possible side effects, as well as work tasks themselves. Due to discrimination, some workers prefer to hide the pathology from the employer and the occupational physician. The determining factor for employability (access and maintenance of jobs) is crisis control. Discussion and Conclusions There are no consensually accepted Guidelines about Epileptic workers; in some countries and/or specific professional sectors there are short specific indications. It will be up to the Occupational Physician/Nurse and Safety Technician to act on a case-by-case basis, to guarantee the best working conditions. It seems to be consensual that at least two years without seizures may allow for the assumption that the recurrence rate will be reasonably low. In case of doubt, the Health and Safety elements may rely on the written opinion of the assistant neurologist, to have a technical and legal safeguard, in view of the aptitude classification and/or timing for reassessment. Keywords: epilepsy, occupational health and occupational medicine.

Protecting the rights of Purchasers in Condominium Properties in Sri Lanka: A Comparative Analysis with United States of America

This research is to identify rights and issues of condominium property purchasers in Sri Lanka and to suggest recommendations to make its condominium property sector more friendly towards the Purchasers. Condominium property can be defined as a building subdivided into separate units which are built on a single land. Therefore, in condominium property, there is an Apartment building which each Apartment is owned separately by the people living in it, but also containing shared areas such as elevators, swimming pools or the community garden, allocated for common purposes. Concept of condominium living was introduced to the Sri Lanka in 1950s and still novel to the society. During the last 2 decades, Condominium living attracted most of Sri Lankan urban population. However, in comparison to protection provided for condominium property developers and other related stakeholders, Sri Lankan condominium law become detrimental to protection of the interests of purchasers in pre-sale condominiums. In Contrast, in the United States of America, condominium properties largely utilize as a mean to solve the housing problems and introduce numerous legal safeguards to protect the rights and interests of condominium property purchasers. Hence, this research will comparatively analyze the legal framework pertaining to condominium properties in Sri Lanka with USA, in order to propose reforms for Sri Lanka to make its condominium property sector more friendly towards the Purchasers. The main research objective of this research is to identify rights and issues of purchasers of condominium properties in Sri Lanka and to see whether we can get benefit from the developments of the USA. Research methodology of this legal research is mainly a qualitative approach and therefore doctrinal research method was employed. In order to provide more insightful recommendations, findings from the ideas of condominium property developers, purchasers, Officials of the Condominium Management Authority, Officials of Condominium Management Corporations, legal professionals and professionals working in the industry have been taken into account. Research identified that Sri Lanka has failed to tackle modern-day deceptive selling practices by unscrupulous developers towards the purchasers. Therefore, this research recommends to Condominium Management Authority (CMA) and the government to implement timely policies and actions to equip the CMA with necessary powers and resources to regulate the industry and minimize the shortcomings.

Struggle for Land: Tribal Land Issue and Debate

The reader does not need to have copious concepts to grasp the tribal problems. It is about the land issue and the debate over how it arose and persisted; it exposes the problems in tribal societies.The central and state governments have the actual power to ensure tribal development. Furthermore, the land rights and protection problems are under the government's commitment to provide legal safeguards. However, neither the federal government nor state or local governments have exhibited much interest in the land troubles that tribal communities face. The paper focuses on tribal land issues and debates in the Bodoland Territorial Region of Assam. In the region, 97.88 per cent of the tribal people live in rural households and face uncertainty. The findings show that tribal people consider the government process insecure and intended to safeguard tribal members while ensuring the secure use of land in the region.

The European Peace Facility and the UN Arms Trade Treaty: Fragmentation of the International Arms Control law?

Abstract In March 2021, the European Council set up the European Peace Facility (EPF), to serve as a legal instrument for the provision of security and peace assistance measures. It includes the supply of military and defence-related equipment to the European Union’s partner countries worldwide. The official aim of the EPF is to prevent conflict, preserve peace and strengthen international security and stability. The European Council assures its Member States that these measures will be accompanied by risk assessments and legal safeguards that respect international law, and comply with arms export control laws. However, the EPF’s biggest challenge is circumnavigating the United Nations Arms Trade Treaty (ATT), which primarily aims to prevent the diversion of and illicit trade in conventional arms. This article examines the legality of the EPF’s assistance measures by referring to the ATT, and the law of international responsibility. This timely analysis will be relevant to policymakers and lawyers responsible for regulating the international transfer of conventional arms.

Delineating the Western Orders of Rights and Reason in Post‑Colonial Africa

Adherence to the fundamental tenets of Human Rights and advocacy of Democracy are the two traditionally entwined Western expressions of rights and reason that any state has to comply with to be treated as an egalitarian state. The degree of democratization in any state is to be gauged by its ability to give its citizens a fairly acceptable form of governance and a slew of natural rights and legal safeguards against human rights abuses, from which the idea of justice is to flow. Many of the African and Asian countries, that became sovereign states through the 1980s and 1990s and consequently came to be hailed as formal democracies, in reality, have only had a very perfunctory degree of democratization. In such circumstances, human rights, without the existence of a real democratic structure to uphold and sustain it, does not effectively translate into a charter of rights but would merely be retained as a set of flexible norms. It is in this context that the proposed paper intends to address the impact of globalization of the principles and values associated with the concepts of democracy and human rights in post-colonial African states. It also aspires to inquire into the need for an element of universality in the dialogues on human rights and democratization, so that they do not get reduced to mere synonyms for Westernization. Further, the reality and ambivalence surrounding the consolidation of democratic virtues along with the observance of human rights are best reflected in the exemplification of how the Sub-Saharan African country of Zimbabwe operated its “democracy”; both under its longest-serving President Robert Mugabe and post his unceremonious ouster following the coup d’etat on 14 November 2017. It would be interesting to study the political economy of transition in a country like Zimbabwe that, during and after its leading figure Mugabe, continues to pledge allegiance to a nationalist, post-colonial and populist anomaly of being principally antithetical to imperialism in all its forms while also being an anathema to the precepts of democracy, justice and human rights in practice.

Vietnam’s Commitments Under the European Union – Vietnam Investment Protection Agreement (EVIPA): Some Noteworthy Points

Abstract The Investment Protection Agreement among Vietnam, the European Union (EU) and each of the EU’s member states (EVIPA) was signed by Vietnam and the EU on June 30, 2019, in Ha Noi. While the Free Trade Agreement between Vietnam and the EU (EVFTA) promotes trade liberalization between Vietnam and EU countries, EVIPA establishes legal safeguards for outward investment activities of investors from EU countries into Vietnam and vice versa. The EVIPA has not yet come into effect as it needs to be approved not only by the EU Council and the National Assembly of Vietnam, but also by the Parliaments of all EU’s member states. Even so, with the EVFTA in place, Vietnam hopes to attract more investment from the EU as Vietnam has committed to provide investors from the EU with certain protection some of which have not been available in any other investment protection agreements to which Vietnam is a party. Investors with EU nationalities undoubtedly are interested in how Vietnam could implement its commitments under the EVIPA. The paper discusses key commitments of Vietnam under the EVIPA along the lines of relevant provisions of Vietnam law and addresses some noteworthy points for investors from the EU planning to invest in Vietnam. It argues that understanding how domestic law and regulations facilitate international commitments would help investors from the EU prepare for their investments in Vietnam.

On Emancipatory Potentials of a Virus: Some Thoughts

On Emancipatory Potentials of a Virus: Some Thoughts

The sustainability cycle of historic houses and cultural memory: Controversy between historic preservation and heritage conservation

Historic preservation and heritage conservation are two mainstream concepts related to the sustainability and renewal of historic houses. With the aim of enhancing the sustainability of historic houses, this article criticizes the view of historic preservation that insists on preserving historic houses with their old appearances, which does not fully develop their sustainability. In contrast, the article provides support for the view of heritage conservation that aims to promote the sustainability of historic houses and related legislation. In the second and third parts, this article examines the theoretical origin of historic preservation, which emphasizes and summarizes the one-way protection of cultural memory via historic houses. In the fourth part, the article turns to heritage conservation, highlights the sustainable cycle between historic houses and cultural memory, and underlines the advantages of this sustainable cycle. In the fifth part, this article presents a sustainable approach to heritage conservation and related legal safeguards by taking the renewal of historic houses in China's Bagua Village (or “Eight Diagrams Village”) as an example. In the last part, this paper summarizes the theoretical value, practical value and limitations of this article. The findings can facilitate the UN's sustainable development of social inclusion, economic growth, and environmental protection to promote the heritage legislation and policy of present and future generations.

Juvenile safeguards during the criminal investigation in the Saudi Law and Islamic Jurisprudence: ضمانات الحدث أثناء التحقيق الجنائي في النظام السعودي والفقه الإسلامي

This research illustrates the legal and constitutional safeguards for the juvenile during the criminal investigation which is a concern that is being taken care of by Saudi lawmaker in the modern juvenile justice system by issued royal decree no. M/113, August 1, 2018. However, one of the most crucial safeguards is that the prosecution shall only question a juvenile with the presence of his/her guardian or a person acting in such a capacity, a social researcher or worker, or an attorney. Furthermore, a juvenile's trial shall be conducted before the court in his/her presence and the presence of his/her guardian or a person acting in such a capacity, or, if not possible, a representative from the home. Moreover, the Saudi lawmaker has provided, the juvenile shall not be treated cruelly during his/her trial. In addition, I have found through this research that the Saudi lawmaker has provided solid legal guarantees during the accusation and the investigation of a juvenile. Significantly, the Islamic jurisprudence has taken care of the juvenile even before these legal guarantees took place, as it has differentiated between a male juvenile and a female juvenile and provided more guarantees for them. Therefore, one of the most important safeguards is to prevent seclusion when questioning a woman as well as asking her directly. Hence, this signifies the compliance in most of the safeguards between the Saudi law and the Islamic jurisprudence since the law is made based on the the Islamic jurisprudence.

Constitutional Foundations of the Welfare State in the Context of the 2020 Constitutional Reform

The proclamation of Russia as a social state in Article 7 of the Constitution prior to the constitutional reform of 2020 was not filled with real legal content. This gave rise to scientific ideas about the dismantling of the concept of the welfare state and, subsequently, a social demand for changes in the interaction of the state and society. The goals of economic development relevant to modern Russia are unattainable without changing the constitutional order of the activities of public authorities at all levels. At the same time, their implementation is impossible in the absence of public support. In the course of the Reform, a number of new legal safeguards were created, the duties of the state in terms of improving the welfare of the population were established, and the responsible attitude of public authorities to their implementation was provided. This ensured constitutional initiatives with the support of voters, and the procedure of the all-Russian vote gave the people’s will the appearance of a final decision approved by society as a whole. The purpose of the study is to provide the legal assessment of constitutional development in conjunction with the establishment of a list of social guarantees demanded by Russian citizens. On the basis of generally accepted scientific methods, the paper analyzes the key social initiatives that emerged during the Constitutional Reform and the provisions of legislation adopted to improve the standard of living. Particular attention is paid to assessing the effectiveness of political and legal decisions in the context of countering the negative impact of the COVID-19 pandemic on the economic development of the country. The paper explains the role of the head of the state as a generator of constitutional and legal ideas that ensured the transformation of relations within the constitutional mechanism of separation of powers and laid the basis for a new socio-economic strategy for the development of the Russian state.

Research on Legal Safeguards for Guide Dogs Entering Public Places

The most convenient and efficient way to travel for the visually impaired is still with a guide dog. At present, my country's legislation on the accessibility of guide dogs in public places is small in number, low in level, and unclear in legal responsibilities. There is still a gap between legislation and practice. In terms of safeguarding measures to enhance the accessibility of guide dogs to public places, we should first improve legislation, improve the qualification certification and marking system for guide dogs, and clarify the participants in disputes and their rights and obligations; second, we should strengthen judicial and supervision in the process of law enforcement, and promote the improvement of special procedures for the disabled and the community legal aid system. Once again, law enforcement should be improved, and cases should be handled flexibly; finally, the popularization of guide dogs should be strengthened for the society, and online information should be established online. Feedback platform to establish social service work points offline.

Challenges and problems of agricultural land use changes in Lithuania according to territorial planning documents: Case of Vilnius district municipality

Land use is the result of direct or indirect decisions to change the current use of land at the level of individual landowners, regional or national authorities, international organizations, or any other land-related interests. Territorial planning is one of the tools for controlling urbanization processes in rural areas. The aim of this article is to analyze the territorial planning documents regulating agricultural land use change in Vilnius district municipality (Lithuania) and to assess the impact of land change and use on it. Until now, land use changes often remain only in the form of statistical indicators, territorial planning document solutions are presented without an abstract assessment of what would happen if all the planned changes in territories do occur, there are not enough legal safeguards in territorial planning, despite the widely accepted assumption that planning affects land use changes. In order to better analyze the role of territorial planning in land use change in the Republic of Lithuania, it is appropriate to evaluate: 1) the legal regulation of territorial planning documents in terms of land use change; 2) measures for the implementation of territorial planning documents through management processes and 3) the influence of various factors for the implementation of decision-making. One of the most common problems is that quite often agricultural land use changes challenges are solved without considering the many human activities in the environment. That is why territorial planning documents are being prepared, which provide the main criteria for how to organize a territory. Another problem that arises in this area is that agricultural land use change processes have intensified with the restoration of independence and the substantial contribution of private capital to urban development.

Clinical, Organizational and Regulatory, and Ethical and Social (CORES) Issues and Recommendations on Blockchain Deployment for Healthcare: Evidence from Experts.

While existing research by our team has demonstrated the feasibility of building a decentralized identity management application ("MediLinker") for health information, there are implementation issues related to testing such blockchain-based health applications in real-world clinical settings. In this study, we identified clinical, organizational and regulatory, and ethical and social (CORES) issues, including recommendations, associated with deploying MediLinker, and blockchain in general, for clinical testing. CORES issues and recommendations were identified through a focus group with 11 academic, industry, and government experts on March 26, 2021. They were grouped according to their expertise: clinical care (n = 4), organizational and regulatory concerns (n = 4), and ethical and social issues (n = 3). The focus group was conducted via Zoom in which experts were briefed about the study aims, formed into breakout groups to identify key issues based on their group's expertise, and reconvened to share identified issues with other groups and to discuss potential recommendations to address such issues. The focus group was video recorded and transcribed. The resulting transcriptions and meeting notes were imported to MAXQDA 2018 for thematic analysis. Clinical experts identified issues that concern the clinical system, clinical administrators, clinicians, and patients. Organizational and regulatory experts emphasized issues on accountability, compliance, and legal safeguards. Ethics and social-context experts raised issues on trust, transparency, digital divide, and health-related digital autonomy. Accordingly, experts proposed six recommendations that could address most of the identified issues: (1) design interfaces based on patient preferences, (2) ensure testing with diverse populations, (3) ensure compliance with existing policies, (4) present potential positive outcomes to top management, (5) maintain clinical workflow, and (6) increase the public's awareness of blockchain. This study identified a myriad of CORES issues associated with deploying MediLinker in clinical settings. Moreover, the study also uncovered several recommendations that could address such issues. The findings raise awareness on CORES issues that should be considered when designing, developing, and deploying blockchain for healthcare. Further, the findings provide additional insights into the development of MediLinker from a prototype to a minimum viable product for clinical testing. Future studies can use CORES as a socio-technical model to identify issues and recommendations associated with deploying health information technologies in clinical settings.

Ethical and Legal Issues in Paediatric Nursing

Ethical rules are regularly composed for grown-up patients and, therefore, they might be hard to apply to kids and families. Uncommon contemplations are expected to comprehend the youngster's ability to settle on treatment choices, clashing legitimate and moral measures associated with the treatment of kids, contrasting necessities of kids and their relatives, and the extraordinary vulnerabilities of children1.The nurse should follow the ethical principles and should have good knowledge regarding legal safeguards of nursing. The paediatric nurse must be aware of the different rights of the children as well as the acts related to the child welfare so that she/he can provide quality care to her paediatric patients. The nurse should be aware of the ethical considerations of children as well as the dying children.

Public Policy Discourse and Sexual Minorities: Balancing Democratic Aspirations, Political Expediency and Moral Rights

LGBTQIA+ (lesbian, gay, bisexual, transgender, queer, intersex and asexual) is an evolving issue which needs to be debated in the legislatures and political space in general to deconstruct and redefine the narratives which have been influenced by the dominant sociocultural stereotypes. This is important in the context of the changing scenario worldwide involving the LGBTQIA+ community where assertions are being witnessed to reclaim the democratic space and civil rights to give shape to a more egalitarian and inclusive civic culture. This article highlights the changing character of the public discourse on LGBTQIA+ community in India in recent times and its impact on the judiciary and the political system. In the light of the recent Supreme Court landmark verdict of decriminalising Section 377 of Indian Penal Code (IPC), the present article seeks to examine a vast array of possibilities and challenges before the LGBTQIA+ community. The legal safeguards guaranteed through judicial pronouncements by the Supreme Court (6 September 2018), however, do not ensure the creation of an enabling social environment to accept homosexuality as a ‘normal behaviour’. Hence, unless corresponding corrective measures are taken to bring about social reforms for change of perception towards the homosexuality community, no amount of judicial intervention will guarantee their inclusion in the mainstream.

Професійні якості студентів в умовах кредитно-модульної системи й аналіз ефективності впровадження кредитно-модульної системи у викладанні предмета «педіатрія»

Проведено аналіз ефективності впровадження основних положень кредитно-модульної системи організації навчального процесу у викладанні предмета «педіатрія». Враховуючи, що правові й етичні гарантії, захист прав людини є невід’ємними компонентами якості, це також сприятиме поліпшенню надання якісної медичної допомоги. Практична підготовка сприяє формуванню та поглибленню клінічного мислення майбутнього медика, тобто вмінню комплексно оцінити різноманіття симптоматики клінічної картини та миттєво приймати рішення. Практична підготовка студентів-лікарів є обов’язковим компонентом освітньо-професійної програми для здобуття кваліфікаційного рівня і має на меті набуття ними професійних навичок і вмінь.

The Constitutionality of Compulsory Land Acquisition in Vietnam: Issues and Recommendations

Abstract This article identifies and analyzes the theoretical, constitutional, and practical bases for governmental land acquisition in Vietnam from a comparative perspective. The authors contrast political ideologies of private ownership and public interests to elucidate the grounds for compulsory acquisition of property for public uses. By reviewing constitutional provisions on compulsory land acquisition in several countries (Singapore, Korea, Australia, India, and the United States), and exploring Vietnam’s constitutional provisions on land acquisition for national defense, security and socio-economic development, this article analyzes some key themes of purposes, procedure, and compensation. The paper then suggests specific changes to Vietnam’s Land Law to increase transparency and to provide more legal safeguards for private users of property when government entities recover privately-used land for public purposes.

Evaluation of the Human Harnesses used by Tactical Flight Officers in Brazilian Public Air Units

This work evaluates the normative and legal compliance related to the human harnesses used by tactical flight officers in the institutional missions conducted by the Brazilian Public Air Units (UAPs), regulated by the Brazilian Civil Aviation Regulation (RBAC) no. 90. The study bases its analysis on the identification of regulatory obstructions that limit the performance of the Brazilian State, from the operational and aeronautical product certification standpoints, as well as on the demonstration of legal risks to the current operational context adopted by the units. The use of inappropriate human harnesses has shown to be a contributing factor to aviation occurrences and fatalities in Brazil. This research delivers a regulatory alternative with a view to greater operational flexibility, legal safeguards and increased safety for the UAPs and entities that employ air transportation as a tool for their institutional activities.