Protection Of Minorities Research Articles

Analysis of factors influencing family support for child safety seat legislation based on Probit-Adversarial Interpretive Structure model.

In recent years, China's motorization process has accelerated, urban road traffic has become increasingly complex, and the safety of children has become increasingly prominent. China aims to encourage the use of child safety seats (CSSs) and stipulates in the Law on the Protection of Minors that "Parents or other guardians of minors shall take measures, such as equipping child safety seats." However, the utilization rate of such seats in China is still low (<5%, 2021), an important reason is the lack of mandatory legislation. This study focuses on developing cities in China that do not have mandatory legislation on the use of CSS, explores the factors that families support child seat legislation, and explores the impact of children's feedback on the transmission of values within families and the use of CSS in family decisions. Four hundred and eighty-two subjects in several neighborhoods in Changsha City participated in this survey through an online questionnaire. We use the data to do a Probit analysis to find the influencing factors of parental support for child safety seat legislation, and the Adversarial Interpretive Structure model is used to assess the hierarchy of the influencing factors and the relationship between the influence of internal factors. The results showed that educational level and children's feedback are root cause factors; monthly family income, number of children, confidence level in CSS, number of cars, and others' behavior are intermediate factors; gender, penalty support, and subjective perception expenditure are surface factors. Finally, the results have focused recommendations for the direction of child safety seat legislation, focused recommendations for law enforcement, advocacy, and educational interventions, and recommendations for installation training before the use of CSS.

A Comparison Between Chinese and American Education Models Based on Case Study of Education Assistance in China and Inclusive Education in the United States

Abstract: Educational inequity has always been an issue that needs to be addressed in every country. However, due to the differences in social backgrounds and educational systems, the approaches taken by China and the United States are not the same. This study compares the differences in education between China and the United States through the research methods of case study and literature review, based on the study of the policies and programs of China and the United States to address this issue. China's educational assistance has narrowed the urban-rural education gap in a short period of time, and there is instability in teaching resources. Teachers' teaching skills need to be improved and educational resources optimized to ensure that the benefits of educational assistance are maximized. In the United States, inclusive education aims to ensure that all children have equal access to education, but there are still problems in practice, and there is a need to strengthen the protection of minorities so as to ensure a balanced allocation of teaching resources.

Языковое законодательство в межвоенной Польше как элемент национальной политики: историография проблемы

The paper deals with the language policy of Poland as an element of national policy. The international treaties on the protection of national minorities, the Constitution of Poland of 1921 and the laws adopted on July 31, 1924 “On the State language and working language in State institutions and self-government institutions”, “On language and organization of school work for national minorities”, “On language in courts, prosecutor’s office and notary institutions” are considered. In the Second Polish Republic, one third of the population consisted of national minorities, for whose rights the Polish Sejm adopted these laws. The laws provided for the limited use of the languages of national minorities – Lithuanian, Belarusian and Ukrainian. In certain cases, Polish civil servants were required to use the languages of national minorities in their activities. Due to their inconsistency and half-heartedness, the laws were not actually implemented and caused discontent both among representatives of national organizations and among the majority of Polish political circles. Among historians and in journalism, the laws “On Language...” also caused a discussion. Most researchers believe that the Polish language legislation did not aim to actually improve the situation of national minorities, but only to imitate their protection in order to form a positive image of a “democratic” Poland in the international arena.

A Security Conundrum: Kin-State Engagement, Identity Recognition, and the 2012 Dispute between Romania and Serbia

Abstract This article examines the relationship between national identity and foreign policy in the context of kin-state engagement in Europe. While the engagement of many European states with their ethnic kin abroad has been long defended as a form of minority protection in so far as it protects and promotes their particular identity and culture, de facto considerations of state security that define its scope have received little attention in the international relations (IR) scholarship. I show here that already in 2012 the dispute between Romania and Serbia over the identity and accommodation of the Vlach minority in Serbia is a conspicuous case in which considerations of (kin-)state security rather than minority protection have overtly justified the engagement of the kin-state. In fact, I argue that this case study calls attention to the multiplying significance of national identity for a kin-state: as a source of obligations, as well as one of (kin-)state ontological security. Yet, in this article, the contextual exploration highlights a tension between the two that originates in a lack of congruity between kin-state identity politics and home-state multiculturalism. While it appears to be unappeasable, in agreement with some constructivist IR scholarship, I contend that it could be reconciled. To this end, this article examines the scope of kin-state engagement at the intersection between justice and security and endorses the necessity to reconceptualize a state’s ontological security as a capability to adapt to a changing normative environment in Europe.

Killing Two Birds with One Stone: Mandatory Therapy and the Prevention of Sex Crime in France.

This paper considers the development of new clinical and medical practices in the early 2000s in France, after the adoption of legal reforms aiming at the prevention of sexual infractions and the protection of minors. The paper explains how the reform led to the creation of a new form of punishment for sexual offenders, l'obligation de soin (therapeutic obligation), which can be described as long-term mandatory therapeutic monitoring. This paper offers an analysis of the implementation of this measure from the standpoint of the specialized mental health care unit which were entrusted the mission of caring for the new group of convicted patients, i.e., patients sentenced to undergo mandatory therapy, after this legal reform. In the new regime these mandatory therapies created, clinicians are tasked to combine their conventional mission of care for the patient in the present, with the judicial mandate of detecting and preventing the patient's relapse qua recidivism in the future. Mobilizing ethnographic examples that evidence the way clinical care comes to encompass a penal mandate of long-term surveillance of convicted patients, I argue that the dual injunction of procuring care while preventing relapse-recidivism constrains the psychodynamic forms of clinical intervention deployed by French clinicians, realigns both psychiatric and clinical interventions along penal lines, and revives interest in some of the diagnostic categories and aims of criminal psychiatry which were important for the development of psychiatry in France.

Prefazione a “La tutela dei minori fra diritto e religione”

Preface to “The protection of minors between law and religion” ABSTRACT: “The best interest of the child” is exactly interpreted first of all as a "right of the child". Consequently, in case of conflict, the judge is given the power to balance between this right and other constitutionally protected ones. A test of acute difficulty and therefore significant concerns the ethically sensitive matter of religious beliefs and, in general, of superior duty. Furthermore, it is generally worrying that the struggle for the right to promote the freedom and dignity of the child (as, in general, of every person) stops in the face of security policies and, in particular, penitentiary policies, which characterize our era and which hinder listening of the viva vox Constitutionis.

Redefining Protection: Challenges and Solutions in Safeguarding Religious Minorities within International and Regional Legal Frameworks

This paper examines the challenges in defining and safeguarding religious minorities within international and regional legal frameworks. It explores the main research question of how existing legal instruments and definitions impact the protection of religious minorities and aims to propose recommendations for improving these protections. Through a literature review and critical analysis of international and regional legal frameworks, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and various regional instruments, the paper identifies significant gaps and inconsistencies in current protections. Key issues highlighted include the lack of a universally accepted definition of religious minorities, the limitations of international and regional instruments, and the varying interpretations of religious rights by bodies such as the European Court of Human Rights. The paper concludes with recommendations for clearer definitions, more robust legal provisions, and enhanced international and regional cooperation to better safeguard the rights of religious minorities. The findings emphasize the need for more effective approaches to protecting religious diversity and ensuring proper representation.

Structural Stigma and Disparities in Long-Term Health Conditions Among Australians in Same-Sex Relationships: 2021 Australian Census.

Objectives. To explore the extent to which structural stigma (sociocultural and institutional constraining factors) is associated with sexual orientation disparities in long-term health conditions. Methods. We measured structural stigma using the regional percentage of votes against same-sex marriage from Australia's 2017 Marriage Equality Survey and mapped this to the 2021 Census survey of 10 093 399 and 136 988 individuals in different-sex and same-sex relationships, respectively. Controlling for individual and area-level confounders, we used logistic regression analyses to examine the association between quartiles of structural stigma and sexual orientation disparities in long-term health conditions (e.g., any, mental health, asthma, cardiovascular). Results. In the lowest stigma quartile, individuals in same-sex relationships had 56% higher odds of reporting any long-term health condition (odds ratio [OR] = 1.56; 95% confidence interval [CI] = 1.53, 1.59) and this increased to 63% in the highest stigma quartile (OR = 1.63; 95% CI = 1.58, 1.68). Effects were particularly pronounced for cardiovascular, respiratory, and mental health conditions as well as for men, younger populations, and those living in socioeconomically deprived regions. Conclusions. Living in stigmatizing environments may have deleterious health effects for sexual minorities in Australia. Policy action and enhanced protections for sexual minorities are urgently required. (Am J Public Health. 2024;114(10):1110-1122. https://doi.org/10.2105/AJPH.2024.307759).

State ownership and financial reporting quality: Evidence from natural advantage industries

Using a hand-collected sample of state-owned enterprises and newly privatized firms around the globe, we examine financial reporting quality in natural advantage (substantial oil reserves or mineral deposits) industries. We find that ultimate state ownership tends to deteriorate financial reporting quality. Such a finding tends to occur particularly in countries with low shareholder minority protection, low financial development, high resource extraction intensity, low freedom of the press, collectivist societies, poor government anti-diversion policies, and in resource-dependent countries. Finally, we document that ultimate state ownership in the context of better financial reporting quality is associated with exacerbated capital expenditures, which indicate resource overextraction. Such a finding applies particularly to resource-dependent countries and civil-law countries.

Social worker as an implementer of solutions introduced by lex Kamilek

The Act of July 28, 2023 amending the Act – Family and Guardianship Code and certain other acts (Journal of Laws 2023, item 1606), in force since February 15, 2024, introduced new solutions aimed at increasing the protection of minors against harm. The changes covered several legal acts and apply to all institutions whose activities are related to the care of children, their education, upbringing, developing their interests or providing them with support. One of the entities performing tasks for a family raising a child is a social worker. Some of the legal solutions introduced by so called lex Kamilek are reflected in his daily work. First of all, as part of the procedure for ensuring protection for a child in the event of a threat to his life or health in connection with domestic violence, a social worker will be obliged, together with a police officer and a doctor, paramedic or nurse, to complete a questionnaire assessing the risk of threat to the child's life or health. Moreover, in the case of employment in institutions dealing with child care, the person must be verified in terms of information from the Register with limited access or in the Register of persons in relation to whom the State Commission for Counteracting the Sexual Exploitation of Minors under 15 years of age has issued a decision on entry in the Register and the National Criminal Register. It is also obliged to implement standards for the protection of minors.As an employee of a specific institution, he or she may be obliged to provide the Team of Experts for the Analysis of Events as a result of which a minor died or suffered serious bodily injury, certain information and documents without the obligation to maintain professional secrecy.

Определение уголовно-процессуальной правосубъектности несовершеннолетних: постановка проблемы

The article presents research findings on a critical issue regarding the protection of the rights and legitimate interests of minors involved in criminal proceedings, focusing on the challenges related to their criminally-remedial legal personality, its theoretical definition, and legislative regulation. Also, the article provides an analysis and comparison of the concept of “legal personality” in Russian criminal and sectoral legislation. The author examines various scholarly perspectives on the definition of the criminally-remedial legal personality of minors in criminal proceedings. Legal provisions that guarantee the protection of minors’ rights and legitimate interests are reviewed, along with an analysis of their practical implementation. In conclusion, the article identi-fies issues within Russian legislation that require more detailed study and offers potential solutions to the out-lined problems based on the materials discussed.

Conceptualisation and operationalisation of minorities in international law: Past experiences and new avenues

AbstractDespite decades of scholarly effort, there is still no universally accepted definition of the concept of minorities or the criteria for minority membership. Beyond its theoretical importance, the lack of a definition also has practical significance, as it may easily lead to the abuse of minority rights. In this paper, we offer a brief historical overview of the various definitional attempts in international law, including those enshrined in legal documents as well as in the practice of adjudicatory bodies. Starting from the era of the League of Nations and the case-law of the Permanent Court of International Justice, we continue by looking at major developments within the United Nations (with special attention to the practice of the Human Rights Committee) as well as the Council of Europe (and the approach of the Advisory Committee of the Framework Convention for National Minorities). Our aim is to explore the trajectory from old to recent conceptual endeavours, where the major dividing line is drawn between the relatively narrow notion of minorities (covering only autochthonous or traditional groups) as opposed to a more inclusive view (including also immigrants and, potentially, visitors under the minority protection mechanisms).

Legislative drafting techniques as a means of giving effect to the rule of law. The case of Ukraine

Ukraine is currently carrying out some reforms recommended by the Venice Commission of the Council of Europe and by the European Commission (in order to become a Member State of the European Union), in order to strengthen democracy, the Rule of Law, human rights and protection of minorities. The purpose of this article is to demonstrate that legislative drafting techniques are a means to give effect to the principle of the Rule of Law, when it comes to Ukraine; and to recommend that Ukraine improves the way its institutions draft/scrutinise bills, and adopts best practices from Europe. The methods of this article will be those of an analysis of constitutional law. The article will rely on the definition of the principle of the Rule of Law (given by A.V. Dicey and developed by Lord Bingham) and the idea that legislative drafting techniques can be seen as a means to give effect to such a principle. The Ukrainian current constitutional context (viz., the impossibility of amending its Constitution under martial law, due to Article 157 of the Constitution of Ukraine) will be considered. Some pieces of Ukrainian legislation will be analysed in the light of the Venice Commission’s recommendations. Some of the main legislative drafting techniques and their aims, in the light of the best practices from Europe, will also be analysed. The results of the article will set out that in such a current constitutional context, where the recommended reforms can be implemented only by Acts of Parliament (although some amendments to the Ukrainian Constitution would be appropriate), in Ukraine the quality of primary legislation becomes crucial to give effect to the Rule of Law. Therefore, the scientific novelty of the article will be to test general concepts with regards to the exceptional constitutional circumstances of Ukraine. The conclusions, thus, is that Ukrainian institutions (such as the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine and the President of the Republic of Ukraine) should improve the way they draft/scrutinise bills, adopting best practices from Europe, in order to improve the quality of primary legislation and, thus, to give effect to the principle of the Rule of Law.

Public governance in national minority rights protection

The article is devoted to the analysis of public administration in the field of national minorities rights protection. The author analyzes the system of authorities aimed at protecting the national minorities interests and nationalities in Ukraine. The Committee on Nationalities under the Cabinet of Ministers of Ukraine was the first ukrainian central state body of the executive power, entrusted with the functions of ensuring ethno-national policy and protecting the national minorities interests. It is emphasized that the structure of public authorities protecting the rights of national minorities was not limited exclusively to the activities of the specialized central executive body. The positions of Advisor to President on ethno-national problems of Crimea and Advisor to President on the affairs of the Ukrainian diaspora were introduced. At the regional (oblast) level, the Republican Committee for Nationalities and Deported Citizens of the Autonomous Republic of Crimea operates, as well as the relevant subdivisions at the local level – nationalities and migration departments of regional state administrations. The situation changed with the switch of the state policy vector from pro-Russian to pro-European. This was not least due to the recommendations of the OSCE and the need to converge with the acquis communautaire of the European Union. National minorities rights protection has been in focus since the independence of Ukraine. Establishing and functioning of the relevant Ministry (Committee) on National Minorities is a direct confirmation of this thesis. This issue was always in focus of the Ukrainian governments besides the period of the rule of the pro-Russian government (2010-2014), when most of the state institutions for the protection of national minorities were liquidated. This fact determined the revolutionary events of the Euromaidan (2014) to some extent. As of today, Ukraine fulfills its obligations regarding the protection of the national minorities rights. The current central authority (State Service of Ukraine for Ethnic Policy and Freedom of Conscience, DESS) was formed in accordance with the recommendations of the OSCE and taking into account the experience of the EU member-states. Its status is lower in the executive power hierarchy. However, its scope of competence and its actual activity best serves the interests of the national minorities.

Hegemonic Party System and Federalism

The paper inquiries into the fixture of the hegemonic Ethiopian Peoples’ Revolutionary Democratic Party (EPRDF) in the operation of the Ethiopian federal constitutional order. It finds out the federal malfunction of EPRDF. The hegemonic political program of the front, which took the shape of a non-competitive dominant party was not in line with the constitutional diversity of the federal system, as it delinked the constitutional right to self-determination and federal autonomy from the options of multiparty politics. On the structure of EPRDF, equal representation was favorable to the federal politics of diversity accommodation and minority protection. However, the exclusiveness of its structure from the “affiliate” parties had the effects of a narrow-based federal shared-rule, as EPRDF which was the only channel to influence the center. Party-state inseparability was the other gap to the check of power and in establishing the neutrality of the state to deal with ethnic-driven conflict, as a major pathology to the stability of ethnic federal systems. Finally, the power nucleus in the EPRDF created the dominance of TPLF at the perils of diminishing the representative legitimacy and the subordinate position of the “affiliate parties” to EPRDF.

Formation of Soviet Medical Care to Indigenous Minorities of Turukhansk Territory in the 1920s

Due to the specifics of its geographical and climatic location, historically formed disease structure, ethnic approach to the development of traditional medical culture, the North territories’ population possesses a range of characteristics significantly different from the national average. This determines a number of problems and contradictions in medicine. The research of medical care to indigenous minorities of Turukhansk Territory in the 1920s is chosen because of its poor study, as well as the peculiarities of social and economic life of the region and national policy of the Soviet government. The article investigates the early Soviet policy in the sphere of health protection of the indigenous minorities of Turukhansk Territory. It considers two interrelated issues: it characterizes ethnic and regional aspects of traditional medicine; it reveals peculiar traits of the developing Soviet medical care to the indigenous minorities. We conclude that during the period under study despite the lack of financing and medical personnel the forms of interaction with the indigenous minorities of Turukhansk Territory were searched for. Those concerned managed to change the peoples’ attitude to doctors and medical assistants, to involve them into the anti-infective vaccination and to start health education programme. However the problem of publicly accessible medical care was solved only in parts, since major changes in living conditions did not happen, an extensive network of health facilities available to the general public was not created. The article is designed for specialists in the sphere of national healthcare history and cultural life of peoples of the North.

ПРАВОВЫЕ И ОРГАНИЗАЦИОННЫЕ ОСНОВЫ ОКАЗАНИЯ ПОЛИЦИЕЙ ПОМОЩИ НЕСОВЕРШЕННОЛЕТНИМ (ПО МАТЕРИАЛАМ РЕСПУБЛИКИ КРЫМ)

The relevance of the topic lies in the fact that the protection of minors is an important and priority ar-ea of activity of the system of state bodies, including the Ministry of Internal Affairs of Russia, both on the scale of the Russian Federation and in its individual regions. The analysis of statistical data allows us to state the positive results of the organization and implementation of purposeful and comprehensive work of juvenile affairs units, namely, assistance to minors, updating the forms and methods of such activities.

EU Legal Landscape and EMCA on Mitigating Abuse by Majority Shareholder(s) in Public Companies: Any Inspiration for Minority Protection in Independent and Privately Held Turkish Anonim Ortaklık?

EU Legal Landscape and EMCA on Mitigating Abuse by Majority Shareholder(s) in Public Companies: Any Inspiration for Minority Protection in Independent and Privately Held Turkish Anonim Ortaklık?

GUARDA COMPARTILHADA NOS CASOS VIOLÊNCIA DOMÉSTICA

The article aims to analyze the feasibility and implications of shared custody in situations of domestic violence, addressing the relevant legislation and doctrine on the subject. Firstly, it is essential to define and understand domestic violence, its manifestations and the applicable legislation, with emphasis on the Maria da Penha Law (Law 11,340/2006), which seeks to protect women who are victims of violence in the domestic environment. Furthermore, Law 8,069/1990 (Child and Adolescent Statute) is analyzed to understand the protection of minors in contexts of violence. The study highlights that, although shared custody is generally promoted to ensure the equal participation of both parents in their children’s lives, its application in cases of domestic violence can be problematic. The need to protect the woman and children from continuous contact with the aggressor makes shared custody unfeasible in most cases. The article also analyzes the jurisprudence and decisions of Brazilian courts, which often opt for unilateral custody to guarantee the best interests of the child and adolescent. Finally, the article proposes the need for a careful and careful assessment of each case, with continuous monitoring of families affected by domestic violence, to guarantee the safety of victims and the well-being of minors. The creation of public policies that take into account the complexity of these cases is advocated, promoting a balance between the protection of the vulnerable and the right to family life.

AS DECISÕES DOS TRIBUNAIS E POSSÍVEIS SOLUÇÕES À GUARDA COMPARTILHADA EM CASOS DE VIOLÊNCIA DOMÉSTICA

This article analyzes how the issue of shared custody in cases of domestic violence has been approached and decided by Brazilian courts. The study covers legislation, doctrine and jurisprudence to understand the practical application of the relevant laws. The Civil Code of 2002 and Law 13,058/2014, which establish shared custody as a rule, are discussed, but the recent Law 14,713/2023 significantly changed the rules, prohibiting shared custody in cases of domestic violence. Historically, Brazilian civil legislation has always prioritized the protection of minors, establishing that custody can be unilateral or shared. Shared custody, where both parents have equal responsibilities and rights, was the general rule, except in specific cases such as domestic violence, where the law previously allowed sole custody when justified. With the introduction of Law 14,713/2023, shared custody was prohibited in situations of domestic violence. This legislative change aims to protect children and victims of violence, ensuring that the aggressor cannot have joint custody. The article cites court decisions that confirm the prevalence of shared custody as a general rule and exceptions in cases of violence. In summary, Law 14,713/2023 represents a significant advance by prohibiting shared custody in cases of domestic violence, reflecting the need to protect victims and guarantee the safety of children. The article concludes that, despite improvements, there are still challenges in applying and raising awareness of legal changes.