Protection Of Minorities Research Articles

THE LEGAL STATUS OF NATIONAL MINORITIES IN THE REPUBLIC OF POLAND

The protection of national minorities is one of the salient goals of a modern legal state. In the Republic of Poland, the number of representatives of national minorities is small but growing rapidly. The legal framework regarding this issue has been in place for almost 20 years, which justifies the general review of the current experience. The following paper discusses the main legal acts regulating this issue in the Republic of Poland. The Constitution of Poland contains general provisions, which were specified in the Law „On National and Ethnic Minorities and Regional Language” adopted in 2005. General obligations for the protection of national minorities are also contained in international legal acts adopted by Poland. The abovementioned law defines and establishes a list of national and ethnic minorities in Poland. This paper reveals that the protection of their rights is based on the following elements: the prohibition of discrimination and assimilation of persons belonging to minorities, the right to use minority languages and the regional language in the public sphere, and the education of minority languages. Additionally, the law establishes the Joint Commission of the Government and Minorities, which ensures the cooperation of public administration bodies with representatives of minorities. The provisions of this law are in line with the provisions of other laws, in particular in the Polish language, which is the only state language. In general, the mechanism for protecting the rights of national minorities adopted in Poland comprehensively regulates this issue. The author it is effective and meets expectations and demands of national and ethnic minorities.

Protection of minors from accessing inappropriate content on the Internet: a comparison of the solutions provided by Draft Law Number UD451 and those adopted in other selected countries

Niniejszy artykuł stanowi analizę zagadnienia ochrony małoletnich przed dostępem do treści nieodpowiednich w internecie, ze szczególnym uwzględnieniem rozwiązań przewidzianych w tym zakresie w treści przedstawionego przez polskie Ministerstwo Cyfryzacji projektu ustawy o numerze UD451. Niewątpliwie, dotychczasowe skutki dokonanej w szczególności w ostatnich latach rewolucji cyfrowej stały się źródłem powstawania w społeczeństwach nowego rodzaju wyzwań i problemów. Upowszechnienie dostępu do internetu, które na początku XXI wieku umożliwiło realizację nieosiągalnych dotychczas celów, stanowić zaczęło zagrożenie na wielu płaszczyznach, zwłaszcza dla najmłodszych użytkowników niemających dostatecznie rozbudowanej świadomości na temat niebezpieczeństw płynących z nieograniczonego dostępu do internetu. Przeprowadzone dotychczas badania naukowe potwierdzają tezę, że większość treści publikowanych w internecie jest nieodpowiednia dla małoletnich i mogą one destrukcyjnie wpływać na ich rozwój. Argument ten spowodował, że stopniowo dostrzegać zaczęto potrzebę wprowadzenia konstrukcji służącej prawnej regulacji rzeczonego zagadnienia i w rezultacie stał się on głównym założeniem przedmiotowego projektu. Ze względu jednak na jego szeroką krytykę zasadne wydaje się przedstawienie zaproponowanych rozwiązań w zestawieniu z instrumentami uskutecznionymi w tym zakresie w innych wybranych państwach, co przyczynić może się z kolei do pełniejszego zrozumienia analizowanego problemu i zapewnienia realnej ochrony małoletnich.

Conceptualizing Universal Human Rights in Islam: Implications in the Modern Period

This study delves into the conceptualization of Universal Human Rights in Islam and its implications in the modern period. The research explores foundational principles within Islam that align with universal human rights values, such as the recognition of inherent human dignity, equality, and freedom of conscience. Additionally, it investigates Islamic perspectives on social justice, the protection of minority rights, and the provision of basic needs, which resonate with the principles of universal human rights. However, the study also addresses challenges in the areas of gender equality and women's rights, as interpretations of Islamic teachings may differ from international human rights standards. The research also highlights the complexities of reconciling freedom of expression with religious sensitivities within the Islamic context. The implications of the findings are far-reaching, with the potential to foster interfaith dialogue, enhance human rights education within Islamic communities, and advance efforts towards gender equality and minority protection.

2022년 가족법 주요 판례 평석

In 2022, the Supreme Court poured out notable rulings and decisions in the field of family law. As well as in 2021, there were several rulings on the claim for the Right to Legal Reserve of Inheritance. Most of all, there were a ruling that allowed a transgender parent to correct his or her gender in public records even if he or she has children who are minors. This ruling could be a reflection of the global trend of protection of sexual minorities. This article highlights eight key decisions relating to the important issues in Family Law. The eight precedents that are discussed in this article include: 1) Special profits for those who have given up inheritance; 2) Purpose and scope of application of Article 1008 of the Civil Act; 3) Responsibility for supervising minor children of parents who do not have parental authority after divorce; 4) Claim for Divorce by the Party who is responsible for the breakdown of the marriage relationship 5) Withdrawal of the Gift Effective upon Death 6) When an inheritor shall be deemed to have effected an absolute acceptance 7) Effect of Qualified Acceptance 8) The Change of Sex Designation of Transgender Parents with Minor Children Additionally, 7 cases were summarized and classified separately based on the other precedents of the Family Law issued in 2022. I hope to have an opportunity for a more detailed study in the near future.

О СОВЕРШЕНСТВОВАНИИ МЕР ЗАЩИТЫ НЕСОВЕРШЕННОЛЕТНИХ В СЛУЧАЕ ВОЗНИКНОВЕНИЯ УГРОЗЫ ИХ ЖИЗНИ И ЗДОРОВЬЮ В СЕМЕЙНО-БЫТОВЫХ ОТНОШЕНИЯХ

The article touches upon the existing problem of legal regulation of the protection of minors in the event of a threat to their life and health in family and domestic relations. The article considers the practice of illegal removal of children from parents as a result of the application by the guardianship and guardianship authorities of Article 77 of the Family Code of the Russian Federation, which regu-lates the removal of a child from his parents (one of them) or from other persons in whose care he is with a direct threat to his life or health.
 As a way to solve these problems, it is proposed to amend the current legislation, providing for the introduction of the institution of "temporary measures to protect the child", which ensures the prompt solution of the problem of protecting a minor who is without supervision and assistance in a situation that threatens his life.

The statute of limitations for sexual offenses committed against minors

The article concerns changes in the limitation periods for sexual offenses committed to the detriment of minors. They took place in 2008, 2014, 2015 and 2022 (entering into force on October 1, 2023). Subsequently, these periods were extended. Originally, it was a period of 5 years after the victim turned 18, then not earlier than before he turned 30, and currently he turned 40. The differences also concerned the details of the statute of limitations for these crimes. It was and still is part of the entirety of regulations aimed at increased protection of minors against sexual abuse and bringing to justice the perpetrators of such acts, including those committed years ago. It is important that the standard of this protection is higher than provided for by international obligations. It should also be emphasized that after the latest amendment, the punishment of the most serious of these crimes does not expire. The aim of the study is to analyze solutions in this area with references to the achievements of legal science and to present my own observations on them.

Sprawa Mary Ellen Wilson i pierwsze amerykańskie organizacje na rzecz ochrony praw dziecka

The paper presents the mechanisms that led to the first American legal regulations and organizations for the protection of minors and the elimination of child abuse. The background for the considerations is the case that shocked the American public opinion in the second half of the 19th century. It concerned a 10-year-old girl, Mary Ellen Wilson, who was a victim of violence and neglect on the part of her guardians. The attempts to save the child showed that the American system of social welfare lacked adequate institutional and organizational instruments to protect a child who was a victim of violence and abuse.Based on the literature and available archival materials – official documents and press publications from the discussed period – the course of the trial was reconstructed, as well as the initiatives undertaken after its completion, which led to the establishment of the first American organization aimed to protect children. The summary presents the characteristics of the American movement for the protection of children against the background of European initiatives undertaken in this field.

Non-Territorial Autonomy and the Legal Protection of the Symbols of Religious Organizations and National Minorities in Serbia

This paper scrutinizes the history of legal rules that regulate the appearance and use of state symbols as well as the evolution of the legal protection of symbols of national minorities and religious organizations. Furthermore, it analyses the history of nonterritorial cultural and religious autonomy arrangements in Serbia. It investigated to what extent the institutional arrangements of non-territorial autonomy contributed to the legal protection of the mentioned symbols. The first hypothesis is that certain rudimentary forms of non-territorial autonomy existed in Serbia during the 19th and the first half of the 20th century. However, the focus of legislators in this period was on the regulation and protection of state symbols. In the second half of the 20th century, the preconditions for the development of the protection of national minorities were created, while the scope of the rights of religious organizations was significantly reduced. It was only at the beginning of the 21st century that the collective right to non-territorial autonomy was constituted. At the same time, constitutional and legal provisions protected the right of national minorities to choose and use symbols, which leads to the conclusion that the existing institutional arrangement of non-territorial autonomy contributed to better legal protection of the symbols of national minorities. On the other hand, there is room for additional improvement in the legal protection and regulation of the use of the symbols of religious organizations.

Research on the Implementation Mechanism of China's Mandatory Reporting System for Assault Against Minors

The mandatory reporting system for assaults against minors is an effective measure to timely detect and intervene in cases of assault. It has long been used by countries as an important means to protect minors. In 2020, China formally established the mandatory reporting system when nine ministries and commissions issued the "Opinions on Establishing a Mandatory Reporting System for Cases of Assault on Minors (for Trial Implementation)" and specified it in the Law on the Protection of Minors. However, there are currently problems in the concrete implementation of this system. These include innovative reporting methods, unclear receiving agencies, lack of departmental collaboration, and the need for an improved reward and punishment mechanism.By drawing on the legislation and practices of mandatory reporting systems in foreign countries, China can further improve the implementation mechanism of the mandatory reporting system. This will help to form a mechanism for the protection of minors with prevention at the source, timely detection, efficient emergency response, and punishment according to the law.

The historiography of the Greek-Turkish War in Asia Minor: Britain, Greece, and others, 1915 - 1923

2023 marks the centenary of the Treaty of Lausanne, which ended the state of war between Turkey and the western allies, in particular Greece, and reordered the Near East, settling frontiers and providing for the protection of minorities. This essay reviews the historiography of the period 1915-23 through Greek and British sources in printed books and papers, covering the Greek irredentist claim to western Asia Minor, the Paris peace conference, the occupation of Smyrna, the Greek war against Mustapha Kemal's Turkish nationalists, the collapse of the Greek army, the Lausanne treaty, and the convention on the exchange of Greek and Turkish populations agreed at Lausanne in 1923.

Smoking in Netflix feature films and youth protection

With the aim of protecting minors, the World Health Organization has recommended classifying films with smoking scenes as unsuitable for children and adolescents. In recent years, films have increasingly been viewed via video streaming services - a trend which has been intensified by the COVID-19 pandemic - which poses new challenges for the protection of minors. To examine the frequency of smoking scenes in Netflix feature films and the age recommendations for Netflix productions with smoking scenes. A total of 235 films that were made available for streaming exclusively by the Netflix platform in 2021 and 2022 were content coded in order to find out (1) how high the proportion of smoke-free films was in this film sample, (2) how often smoking scenes occurred in these films and (3) the proportion of films with smoke scenes classified as appropriate for young people in Germany and the USA. All films with an age rating of under 16 were considered suitable for children and young people. Smoking scenes occurred in 113 of 235 analyzed films (48.1%). Of the 113 films with smoking scenes, 57 (50.4%) in Germany and 26 films (23.0%) in the USA were classified as youth films (p<0.001). A total of 3,310 smoking scenes were registered. Of these, 39.4% (n=1,303) were in films with youth ratings in Germany, and in Netflix USA this proportion was 15.8% (n=524). Smoking scenes are a common feature in Netflix movies. Neither in the US nor in Germany does Netflix adhere to the recommendations of the WHO Framework Convention on Tobacco Control to restrict access by young people to films depicting smoking. However, the protection of minors in the US is better than in Germany, since half of the Netflix films with smoking scenes in Germany were rated as suitable for minors, in the USA less than a quarter.

China’s Family Education Promotion Law: Family Governance, the Responsible Parent and the Moral Child

Abstract This article discusses China’s newly enacted Family Education Promotion Law (FEPL). The FEPL symbolizes that family education through parenting has elevated from a private matter to a State affair in the country. The Law seeks to promote family governance through the concept of ‘parenting in accordance with the law’ so as to attain national ideals and improve the protection of minors. The prominent ends at the national level are the moral development of children and the construction of a harmonious State. Concepts of ‘population quality’ and ‘double alleviation’ are discussed with reference to their significance in relation to the enactment of the Law. The promulgation of the FEPL targets substandard parenting practices in China, including hyper-parenting on the one end and abandonment on the other. Typical practices such as inter-generational child-rearing are examined to illustrate why the Law is considered necessary from the State’s point of view. The article provides an analysis of the legislative intentions, background, and key provisions of the Law. It concludes that family governance through the notion of responsible parenting is an instrument of social policy in modern China.

The Impact of Appraisal Remedies on the Financial Position of the Private Company

Appraisal remedies offer a withdrawal right to minority shareholders who are confronted with midstream-changes in a company. This form of minority protection is a hot topic in (European) company law especially since the introduction of appraisal remedies in the Cross Border Mobility Directive. This article deals with an underexposed risk to this form of minority protection in private companies, namely the impact of the payment of the compensation for the withdrawing shareholder on the financial position of the company. Just as any other distribution, the payment of the compensation could endanger the solvency and liquidity of the company. This is not only relevant for the company creditors but also the remaining shareholders. I will elaborate on this risk and how remedies for creditor protection can temper it. This article argues that this risk will, however, only seldomly occur as the impact on the financial position of the company will have a deterrent effect on the underlying transaction. The most plausible situations in which this risk will occur are ‘do or die’ transactions and the scenario of irrational behaviour of shareholders. For these scenarios, means of creditor protection are needed. Appraisal remedies, withdrawal of shareholders, private companies’ minority protection, creditor protection

Official Languages, National Identities and the Protection of Minorities: A Complex Legal Puzzle

Official Languages, National Identities and the Protection of Minorities: A Complex Legal Puzzle

НАПРАВЛЕНИЯ СОВЕРШЕНСТВОВАНИЯ ДЕЯТЕЛЬНОСТИ ПОДРАЗДЕЛЕНИЙ ПО ДЕЛАМ НЕСОВЕРШЕННОЛЕТНИХ

The article analyzes the current legislation in the field of prevention of juvenile delinquency, discusses the tasks of the Department of Internal Affairs for the prevention of neglect and juvenile delinquency. The main indicators of the protection of minors are: reduction of mortality and injuries, ensuring the interests of children in all spheres of life, education of a harmoniously developed and socially responsible personality based on spiritual and moral Russian values. The positive and negative aspects of the activity are revealed, the problems of the implementation of the current legislation by the juvenile affairs units are identified, which include: insufficient organizational and staff support of the juvenile affairs units of the territorial bodies of the Ministry of Internal Affairs of Russia; problems related to the fact that the administrative responsibility of minors comes from a certain age; the refusal of parents from the procedure of medical examination of minors as a way to avoiding responsibility.

현행 국회의원선거제도 개혁안

The Special Committee on Political Reform of National Assembly recently resolved three reformation proposals for election system of member of the National Assembly which will be submitted to the Committee of the Whole. Those proposals are the Multimembered Constituency + Regional･Mixed-member Majoritarian Representation System, the Multimembered Constituency System + National･Mixed-member Majoritarian Representation System, and the Single-member Constituency + Regional･Quasi Mixed- member Propotional Representation System. However, the Proposals cannot realize the basic principles of the election and the spirit of the Constitution, for exemple the principle of equal election, party democracy, plural democracy, a multiparty system, protection of minority, etc. Therefore, the mixed-member propotional representation system combined with single-member Constituency should be adopted for the effective reform of election system. The constituency of propotional representation system should be nationwide. Futhermore, the number of the National Assembly members should be increased to vitalize the diverse functions of the National Assembly. At the same time, the rate of the proportional representative National Assembly members must be expanded. Also, some important institutional conditions regarding the election should be adopted as follows: the democratization and legalization of candidate nomination process of the party, the closed and fixed list system, closed primary election system, mandatory voting system, etc.

Democratic Evolution in Albania in the Aftermath of Candidate Country Status

The integration process in the European Union, being the major national goal, is the political action that leads the agenda of every Albanian government since 1992 up today. Being aware on the importance of integration process as the most efficient way towards the path of fast democratization, governments have undertaken concrete steps in the opening of accession negotiations. The integration process is in a very significant momentum which dictates dialogue and partnership. Every country that has set as a goal the EU integration, should respect the integration criteria’s or as known the ‘Copenhagen criteria’s’, on the basis under which the European Commission deliver the opinion in regard of every application. These criteria’s are defined during the European Council of Copenhagen in 1993 and accomplished during the European Council in Madrid in 1995. These are political criteria’s such as : stability of institutions which guarantee democracy, rule of law, human rights and respect and protection of minorities; economic criteria’s such as the existence of an efficient economy, capacity to challenge competition pressure and internal market forces of the EU; the opportunity to take responsibilities which derive by law and policies of the EU ( acquis communitaire). Stability, peace and the integration of the Western Balkan countries en block, play a fundamental role for the present and the future of Europe. Over the years, it has become more evident the necessity to strengthen the EU policies against countries of this region. Considering the geographic position of Albania in the Mediterranean and its importance in oftentimes weak spots within the region, it deserves a special attention by the European institutions. Since the candidate country’s status up to now, Albania has reached a moderate progress in terms of democracy shifting from a hybrid regime to a flawed democracy. Flawed democracy countries reflect a bold weakness in democratic terms, among others an underdeveloped political culture, low participation in political life and issues concerning governance. Civil rights are still problematic especially when it comes at media censorship or in attacks against country opposition.&#x0D; &#x0D; Received: 05 May 2022 / Accepted: 16 May 2023 / Published: 20 May 2023

Sexual minorities and substance use treatment utilization: New evidence from a national sample

IntroductionMinority stress theory suggests that sexual minorities would be, on average, less likely than heterosexual individuals to seek out substance use treatment (due to concerns of stigma and rejection). However, prior research on the subject is mixed, and largely dated. In light of historic increases in societal acceptance and legal protections for sexual minorities, the field needs an up-to-date assessment of treatment utilization among this population. MethodsThis study used data from the 2015–2019 National Survey on Drug Use and Health to examine the association between key independent variables (sexual identity, gender) and substance use treatment utilization using binary logistic regression. We conducted analyses using a sample of adults with a past-year substance use disorder (N = 21,926). ResultsControlling for demographic factors, with heterosexual individuals as the comparison group, gay/lesbian individuals (AOR = 2.12, CI = 1.19–3.77) were significantly more likely and bisexual individuals (AOR = 0.49, CI = 0.24–1.00) significantly less likely to report treatment utilization. Bisexual individuals were also less likely than gay/lesbian individuals to report treatment utilization (AOR = 0.10, CI = 0.05–0.23). Interaction tests examining sexual orientation and gender showed no difference in treatment utilization between gay men and lesbian women, and revealed that bisexual identity was associated with decreased likelihood of treatment utilization for men (p = .004) but not for women. ConclusionSexual orientation, particularly in the context of social identity, plays a significant role in substance use treatment utilization. Bisexual men face unique barriers to treatment, which is concerning given the high rates of substance use among this and other sexual minority populations.

Research on Legal Protection of Minors' Data in Digital Age

Minors are a special group with immature heart and in the growing stage, whose rights and interests are more vulnerable to the infringement of the Internet information world. For minors, it is necessary to take special consideration and design in the protection rules of the law. Different types of personal information will be distinguished, combined with the specific application situation, to further distinguish the age of consent matters, to maximize the balance between the relatively independent personality of minors and the protection of personal information conflict. The protection of minors' personal information is not the responsibility of only one party.

Protection of Rights of Minors in Administrative Proceedings in the European Legal Framework

Juvenile justice is an essential element of the development of social justice provision for minors in all countries, thus enhancing the safety of youth and the maintenance of order in society. The aim of the research is to analyse the theoretical provisions and legal norms governing the administrative and legal protection of minors in European countries. It is also to formulate proposals and recommendations for the modernization of the legal framework for juvenile justice institutions’ functioning in the Republic of Kazakhstan. According to the set goal and objectives, a range of general and special research methods were used for a comprehensive analysis. The theoretical and practical significance of the article is determined by its relevance and novelty, with its focus on solving the most important problems facing protection of minors’ rights in the judicial process.