National Committee Research Articles

Lidskoprávní aspekty klimatické litigace

The aim of the article is to draw attention to one of the current trends in climate litigation, in which the solution of a human rights issue becomes the essence of the dispute. This trend is known as the “human rights turn”, whereby the failure to fulfil or adequately fulfil national or international climate commitments is linked directly to the violation of fundamental human rights. The paper notes the impact of this trend on the interpretation of some fundamental human rights (in particular the right to life, the right to respect for private and family life and the right to a clean, healthy and sustainable environment). It draws attention to the need to strike a balance between protecting the rights of present and future generations. The application of the principle of intergenerational solidarity and the principle of proportionality is a primary factor in addressing this issue.

Security rights in crypto-assets: an opportunity for uniform law?

Abstract As the market of crypto-assets grows, so does the demand for their use as collateral in cross-border lending transactions. Such a development, though, may pose significant challenges to the main pillars of security rights due to the distinctive features and the nature of crypto-assets. Accordingly, this article identifies and explores the core legal issues, offers guidance in the crypto-collateral area, and assesses the role of uniform law. In the absence of specific legislation, the analysis is conducted under the prism of the international secured transactions framework, as shaped by the International Institute for the Unification of Private Law (Unidroit) and the United Nations Commission on International Trade Law (UNCITRAL) legislative instruments. As such, the article examines whether the current framework suffices to address emerging challenges or contains gaps and limitations that require legislative intervention. The article argues that the increasing use of crypto-assets as collateral may constitute both an opportunity for uniform law to have a leading role in addressing the arising issues and shaping the field, and an opportunity to put new uniform rules in place. This would require both updating the existing legal instruments in line with new technological needs and creating new instruments where necessary. International fora like Unidroit and UNCITRAL would ideally offer the desirable degree of harmonization, or uniformization, in the area of security rights over crypto-assets. Rather than subjecting them to diverging legal rules, developing more uniform approaches would offer consistency, thus increasing legal certainty and supporting technological innovation.

Issues and Difficulties Encountered by Unorganized Sectors: An Indian Perspective

"The unorganized sector of the economy encompasses household-based production processes as well as modest and minor sectors of industry. An unstructured sector refers to an economic sector characterized by a lack of consistency in terms of profits or gains. The manufacture of this item is restricted and it can only be produced to a specific geographical location. It necessitates a reduced workforce and capital expenditure. In the unorganised sector of the Indian economy, one can see arts and crafts, artisan jobs, khadi and rural sectors, including the handcrafted industry, beehive honey production, incense stick manufacturing, handmade paper creation, and matchbox businesses. The Indian government established the National Commission for Enterprises in the Unorganised Sector (NCEUS) to act as a hub for resources for the unorganised sector. The primary goal is to improve the efficiency of small enterprises to provide a substantial amount of sustainable employment opportunities, particularly in rural regions. The Indian government has enacted laws and initiatives to support the growth of informal companies and enhance the welfare of workers in these industries. The Unorganised Workers Social Security Act of 2008 and the Unorganised Workers Social Security Rule of 2008, the Aam Admi Bheema Yojana, and the Rastriya Swasthya Bheema Yojana are the important aspects of this paper."

Bioethics-CSR Divide

Bioethics-CSR Divide

Pushed to Breaking Point? The Prohibition of ‘Constructive’ or ‘Disguised’ Refoulement under International Law

Abstract The cornerstone of international refugee law is the principle of non-refoulement, which protects refugees, asylum seekers, and other persons with protection needs from being returned against their will to a place where they risk facing persecution or other fundamental rights violations. A person who is protected against refoulement may, however, return voluntarily. Determining when such returns are truly voluntary is an issue increasingly at the heart of discussions about the lawfulness of returns, including recently in the Lake Chad Basin, East Africa, the Middle East, Southeast Asia, Europe, and Australia. Today, there does not appear to be a generally agreed legal standard to determine when a return is truly voluntary. Likewise, international law does not define a clear line at which State action to ‘incentivize’ or ‘induce’ returns amounts to refoulement or an unlawful expulsion. However, recent publications by international law expert bodies and ensuing debate among States have provided some indications as to where international law stands on the issue and the direction in which it might develop. Thus, this article first examines the interplay between voluntary returns and the principle of non-refoulement. Secondly, it analyses recent positions taken by the International Law Commission and the United Nations Committee against Torture concerning legal limits on the measures that States may take to incentivize or induce returns. Thirdly, the article considers certain measures taken by States to incentivize or induce the ‘voluntary’ return of a person and indicates when such measures may amount to acts of coercion or force in violation of international law.

Impact of national commissioning of pre-exposure prophylaxis (PrEP) on equity of access in England: a PrEP-to-need ratio investigation

ObjectivesHIV pre-exposure prophylaxis (PrEP) is highly effective in preventing HIV acquisition. In England, NHS availability was limited to participants of the PrEP Impact Trial until late 2020. Some key populations...

Pengembangan Moderasi Beragama Bagi Pengajar TPA Dan Takmir Masjid Di Desa Lemahbang Kecamatan Jumapolo Kabupaten Karanganyar

The aim of this service is to increase religious moderation for teachers at the Al-Qur'an Education Park and Mosque Takmir in Lemahbang village, Jumapolo sub-district, Karanganyar district so that in carrying out their social activities they can provide coolness and provide a message of peace, especially for the children of the Al-Qur'an Education Park and the community. common for the Takmir of the Mosque. This service was carried out with consideration because Lemahbang village consists of many mass organizations, including Muhammadiyah, Nahdlatul Ulama, Al-Qur'an Tafsir Council, Indonesian Da'wah Council Institute and others. This service activity was carried out in Lemahbang village, Jumapolo subdistrict, Karanganyar district in February 2023. Lemahbang subdistrict consists of 20 RTs and 8 RWs and there are 8 villages in it. This activity involved Al-Qur'an Education Park teachers and mosque Takmirs throughout Lemahbang village which was carried out through three phases, namely preparation, implementation and evaluation. This religious moderation service activity is based on 4 things, namely tolerance, accommodating local culture, national commitment and non-violence. The results of this service show that the four things that underlie religious moderation are implemented well by the teachers at the Al-Qur'an Education Park and Takmir mosque in Lemahbang village. This happens because of their commitment to maintaining the calm of Lemahbang village where they live.

Implementation of Law No. 23 of 2004 on the Elimination of Domestic Violence Domestic Violence (PKDRT) in the Province of North Sumatra

Implementation of Law no. 23 of 2004 concerning the elimination of domestic violence aims to prevent and overcome the occurrence of domestic violence. The article states that acts of domestic violence are a form of criminal act. Criminal threats for perpetrators of domestic violence have been regulated in Law no. 23 of 2004. The National Commission for Women's Protection is a national institution that highlights acts of domestic violence. Komnas Perempuan makes various efforts to prevent cases of domestic violence. Komnas Perempuan collaborates with various state institutions and community institutions to prevent cases of domestic violence. Apart from that, Komnas Perempuan also regularly issues CATAHU (annual records) and provides training and campaigns to prevent and suppress cases of domestic violence.

The status of national and global hepatitisC elimination

In 2016, the World Health Organization propagated the elimination of hepatitisC virus (HCV) by 2030 in order to address the public health threat posed by viral hepatitis. This article looks at the progress that has been made globally and in Germany since 2016. Aselective literature search was conducted, with particular focus on studies and reviews relating to the elimination of hepatitisC infection both globally and in Germany. In 2020, 56.8 million HCV infections were counted worldwide, which corresponds to a decline of 6.8 million since 2015. Countries that made asignificant contribution to the elimination figures during this period included Egypt, Georgia, and Iceland, which were able to drastically reduce the number of HCV infections by means of national commitment in politics and healthcare. With regard to the status of elimination in Germany, the inclusion of screening for viral hepatitis in the general health check-up ("Check-up35") in 2022/2023 has led to asignificant increase in HCV case numbers. Globally and in Germany, men who have sex with men, intravenous drug users, migrants, and prison inmates are particularly vulnerable groups with regard to HCV infection. In order to sustainably eliminate HCV, it is necessary to optimize education and prevention strategies in risk groups. With regard to the subgroup of prison inmates, political measures must be used to create a standardized approach in prison medicine. At a global level, elimination in low- and middle-income countries needs to be promoted in the future.

How Populism Affects Bioethics.

This article aims at raising awareness about the intersection of populism and bioethics. It argues that illiberal forms of populism may have negative consequences on the evolution of bioethics as a discipline and on its practical objectives. It identifies at least seven potential negative effects: (1) The rise of populist leaders fosters "epistemological populism," devaluing the expert and scientific perspectives on which bioethics is usually based, potentially steering policies away from evidence-based foundations. (2) The impact of "moral populism" is evident in legislative prioritization of the "morality of common people," often solicited through popular consultations on issues like abortion, drug legalization, or LGBT issues. (3)Populist distrust in autonomous governmental agencies and advisory bodies, including national bioethics commissions, can compromise expert advice, challenging both their authority and decisions. (4) Populists may erode transparency by undermining institutions responsible for it, hindering access to vital information for bioethical research. (5)"Medical populism" creates adversarial dynamics, prompting politicians to make simplistic healthcare policy decisions based on political rather than informed criteria, adversely affecting vulnerable populations. (6)Radical-right populist parties' "welfare chauvinism" may shape healthcare policies, impacting service access and resource allocation, disproportionately affecting vulnerable groups such as migrants, but indirectly affecting the rest of the population. (7)Nationalist sentiments associated with populism may obstruct international collaborations, posing challenges for global bioethics that seeks to address ethical concerns beyond national borders. In summary, these dynamics raise significant bioethical concerns encompassing evidence-based decision-making, transparency, healthcare equity, and global collaboration. How bioethicists may respond to these challenges is discussed.

Juridical Study of the Granting of Persons with Disabilities' Rights to Access Public and Social Facilities

The purpose of this study is to analyze: 1) How does the provision of rights protection to persons with disabilities over access to public facilities and social facilities? 2) How is the implementation and efforts of the government towards the fulfillment of the rights of persons with disabilities to accessibility of public facilities and social facilities based on Law number 8 of 2016 concerning Persons with Disabilities? The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) The implementation of the protection of the rights of persons with disabilities in access to public facilities in terms of analysis as well as the theory of legal protection with the passing of regulations derived from law number 6 of 2018 by requiring each region to make provisions in the form of access to public facilities and public facilities. 2) Providing access to public and social facilities as well as legal protection conditions that provide protection for preventive and repressive efforts. As well as the implementation of the Disability Protection Law, it makes benefits for people with disabilities in terms of access to public facilities and social facilities with the establishment of a national commission on disability.

Politics of State Survival and the Dilemma of Nation-Building in Post-Independence Nigeria

The prevalence of a fractionalized international environment coupled with the fractured African geopolitical landscape and Nigeria's colonial antecedents laden with myriad unresolved structural challenges during the emergence of Nigerian statehood provided the vortex of post-colonial state survival inclination for the country. The above is usually associated with a typically hugely populated and ethno-culturally heterogeneous society, and it renders the country fatigued with the burden of nation-building. Thus, the twin-challenges of state-survival and nation-building have occupied and dominated the political and socio-economic affairs of post-independence Nigeria. The notion of state survival is a realist paradigm which compels nation-states to use all the instruments at their disposal to seek the retention of their national identity within the precarious and predatory international system. Nation building, on the other hand, entails the process of forging a common identity and a sense of national empathy, shared values, and cultures constituting a state. This paper contends that while the pursuit of state survival is propelled by the external environment in which Nigeria emerged and intricately subsists, the structural challenges inherited at independence, no doubt raised the task of nation-building. As complimentary as the two challenges featured and influenced the nation's policy commitments towards the local and international environments, a cursory examination of Nigeria's socio-economic and political trajectories since independence reveal that state survival has often been aggressively pursued at the expense of nation-building resulting into structural volatility which inadvertently threatened the nation's survival prospects. The position of this paper is that efforts should be made to balance these two ultimate challenges in the quest to reposition Nigeria towards the path of greatness.

Efforts of the Government and the National Commission on Human Rights in Dealing with the Paniai Case: Problems of the Unfinished Grassroots

This article discusses the roles of the government and the National Commission on Human Rights (Komnas HAM) in handling severe human rights violation cases in Paniai, Papua. The purpose of this article is to determine whether the National Commission on Human Rights handled the severe human rights violations in Paniai optimally. The article employs a qualitative research method as a research procedure that generates descriptive data in the form of written or oral words from individuals or things observed. For gathering information, interviews were used along with different types of literature, like journals, to look at the steps that the National Commission on Human Rights took and news stories from different media outlets about how they dealt with serious human rights violations in Paniai. This article uses the theory of institutional and institutional roles to examine the roles played by the National Commission on Human Rights. The research findings indicate that handling the severe human rights violation cases in Paniai creates problematic situations between the government and civilians. First, the National Commission on Human Rights attempts to adapt to external and social expectations. Second, the formation of an order between the majority and minority in the uniformity pattern of witness elements during the investigation stage conducted by the Attorney General. Other challenges include the back-and-forth return of investigation files, which hinders the process of handling the Paniai case by the National Commission on Human Rights.

Group concerns and communication and cooperation between practitioners under the European Insolvency Regulation (Part II)

AbstractIn this article, the author examines with a specific focus on the insolvency practitioner to what extent the Recast European Insolvency Regulation's provisions on communication, cooperation and coordination between the main actors in group companies' insolvency proceedings allow for efficient restructurings of those group companies. In doing so, the author will, at points, compare the provisions in Chapter V of the Recast European Insolvency Regulation to—and draw inspiration from—the German provisions on groups of companies that were adopted into the German Insolvency Act (Insolvenzordnung) and the United Nations Commission on International Trade Law's Model Law on Enterprise Group Insolvency. The author also aims to outline, among other things, the various forms of (cross‐border) communication, cooperation and coordination that the Recast European Insolvency Regulation obligates insolvency practitioners of groups of companies to engage in, how they should implement those forms of ‘CoCo’ and what would happen if they neglect to comply with those obligations. This article is Part II of a diptych on this topic; Part I was published in an earlier issue of this journal.

Assessment of Mentoring/Experiential Learning Instructional Delivery Enhancement Strategies for Teaching Entrepreneurship Education in Business Education Programme in Tertiary Institutions in Bayelsa State

The research examined methods for enhancing the delivery of instruction in entrepreneurship education in the Business Education curriculum at tertiary institutions in Bayelsa State, Nigeria, by means of mentorship and experiential learning. The study investigated two hypotheses at the 0.05 level of significance and addressed two research questions using a descriptive survey research design. The population was made up of 89 lecturers in business education from Isaac Jasper Boro College of Education in Sagbama Bayelsa, Niger Delta University Wilberforce Island Bayelsa, and Federal University Otuoke, Bayelsa. All 89 academics were included as responders due to the manageable population size, hence removing the necessity of sampling. Utilizing a 5-point rating scale from Very High Extent (VHE) to Very Low Extent (VLE), with corresponding values of 5, 4, 3, 2, and 1, a structured, closed-ended questionnaire consisting of 26 items was utilized to gather data. Three experts validated the instrument, and the Chrobach Alpha reliability technique was used to certify its reliability. The device's reliability coefficient was found to be 0.783. Through in-person encounters with the respondents, data was collected, and all 89 questionnaires were totally completed, yielding a 100% return rate. The study issues were addressed through the use of mean and standard deviation in the data analysis, and the hypotheses were tested using t-test statistics. With a 5-point rating scale, mean values above 3.00 designated as "high extent" and those below 3.00 as "low extent," a cut-off point value of 3.00 was employed to interpret the results for the research topics. With regard to hypotheses, where the t-calculated (t-cal) value was less than the t-table (t-tab) value of 1.96 at a 0.05 level of significance and 87 degrees of freedom, the null hypothesis of no significant difference was considered. On the other hand, when the t-calculated (t-cal) value was greater than the t-table (t-tab) value of 1.96 at a 0.05 level of significance and 87 degrees of freedom, the null hypothesis was rejected. The results of the study lead to the conclusion that strategies for enhancing the delivery of experiential learning and mentoring interactions are useful for teaching entrepreneurship education in tertiary institutions' business education programs. The National Commission for Colleges of Education (NCCE), the Nigerian Educational Research and Development Council (NERDC), the National Teachers Institute (NTI), and the National University Commission (NUC) are among the organizations that are encouraged to become more involved in education reform and development. They should also be encouraged to support modern, student-centered instructional strategies in the implementation of entrepreneurship education curriculum in business education programs at the nation's postsecondary institutions.

Knowledge management capability of National Commission on Muslim Filipinos (NCMF) Region IX-B vis-à-vis knowledge management process, knowledge management infrastructure, intellectual capital, and organizational performance

Knowledge management capability of National Commission on Muslim Filipinos (NCMF) Region IX-B vis-à-vis knowledge management process, knowledge management infrastructure, intellectual capital, and organizational performance

Sociological determinants of adherence to continuous positive airway pressure in the management of sleep apnoea syndrome: protocol for a transdisciplinary, prospective observational study

IntroductionObstructive sleep apnoea syndrome (OSAS) is a chronic multiorgan pathology that has a negative impact on quality of life. Continuous positive airway pressure (CPAP) is the first-line treatment for OSAS....

The Belmont Report doesn’t need reform, our moral imagination does

In 1974, the United States Congress asked a question prompting a national conversation about ethics: which ethical principles should govern research involving human participants? To embark on an answer, Congress passed the National Research Act, and charged this task to the newly established National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. The Commission’s mandate was modest however, the results were anything but. The outcome was The Belmont Report: a trio of principles - respect for persons, beneficence, and justice - serving as an ethical compass for scientists, researchers, and institutional review boards (IRBs). Almost 50 years later, the utility, legacy, and ingenuity of The Belmont Report continues to be both admired and challenged. Critics argue that Belmont is not fit for the 21st century, while supporters praise Belmont for its enduring wisdom. The goal of this paper is to equip IRB practitioners with the tools necessary to maximally interpret The Belmont Report and meaningfully engage in ethical analysis that reconsiders outmoded legacy thinking and fixed decision-making. Through historical and contextual reflection, this paper describes how IRB practitioners can contemporize review of ethical human research using their moral imagination – a skill found at the intersection of creativity, deliberation, and empathy.

Characteristics of the most severely ill and injured patients in a Norwegian helicopter emergency medical service: a retrospective cohort study

BackgroundPhysician-staffed helicopter emergency medical services (HEMS) are dispatched to a variety of incidents, ranging from less serious to life-threatening. The skillset of a physician may be important to provide appropriate care for the most critically ill and severely injured patients. A better understanding of these patients may therefore be important to optimize dispatch criteria, training, and equipment setups for HEMS units.The aim of this study was to describe the characteristics of patients with the national advisory committee on aeronautics (NACA) score 5 and 6, primarily by diagnostic group and interventions performed.MethodsRetrospective cohort study on aggregated data from the HEMS-base in Trondheim, Norway. All patients with NACA score 5 and 6 in the 10-year period from 2013 to 2022 were included. Patients with return of spontaneous circulation (ROSC) after successful cardiopulmonary resuscitation were described separately from non-cardiac arrest patients.ResultsOut of 9546 patient encounters, 2598 patients were included, with 1640 in the NACA 5 and 958 in NACA 6 group. Patient age was median 63 (interquartile range 45–74) and 64% of the patients were male. Post-ROSC patients accounted for 24% of patients. Of the non-cardiac arrest patients, the most frequent aetiology was trauma (16%), cardiac (15%), neurologic (14%) and respiratory (11%). The most common physician-requiring advanced interventions were general anaesthesia (22%), intubation (21%), invasive blood pressure monitoring (21%) and ventilator treatment (18%). The mean number of advanced interventions per mission were consistent during the study period (1,78, SD 0,25).ConclusionTwenty-seven percent of all HEMS dispatches were to NACA 5 and 6 patients. Twenty-four percent of these were post-ROSC patients. Sixty-three percent of all patients received at least one advanced physician-requiring intervention and the average number of interventions were consistent during the last 10 years. Hence, the competence a physician-staffed HEMS resource provide is utilized in a high number of critically ill and injured patients.

Religious Moderation in Paguyuban Mejing Tabon's Local Wisdom as Support for Accomplishing SDGs

The Paguyuban Mejing Tabon citizens are people who have diverse religious backgrounds. Local wisdom which contains the values of religious moderation is an important factor in harmony between residents, so that social conflict can be avoided. This is in line with the SDGs concept of the United Nations where there are pillars that focus on Social Development, namely promoting peace and justice. Therefore, this research aims to explain the local wisdom that exists in the Mejing Tabon Community, reveal the correlation between local wisdom and the values of religious moderation and explain the contribution of local wisdom to achieving the UN SDGs. This research is important to emphasize the importance of preserving local wisdom and implementing the values of religious moderation to avoid conflicts based on religious differences. So that it becomes a form of contribution to achieving the SDGs. This research uses qualitative methods with a sociological approach. The results of this research are 4 indicators of religious moderation, including National Commitment, Tolerance, Anti-Radicalism, and Local Cultural Accommodation. The application of religious moderation in the local wisdom of the Tabon Mejing Community Association includes: the Tabon Mejing Association Logo Contains National Commitment; Tolerance in Interfaith Prayer Activities at Religious Celebrations; Mejing Tabon's philosophy of Rawuh, Lungguh, and Aruh as an effort to ward off radicalism; and Gagrak Ngayogyakarta Clothing as a form of accommodation to local culture.