Principle Of Non-discrimination Research Articles

Students' Perspective on Freedom of Expression and Hate Speech in Albanian Universities

This article presents an analysis of the perspective of university students in Albania toward freedom of expression and hate speech within the academic environment. This study confidently investigates Albanian university students’ attitudes and perceptions towards freedom of expression, its significance in academic institutions, and its relationship with principles of equality and non-discrimination. Based on survey data collected from 622 participants, the study examines student’s attitudes toward the freedom of expression and hate speech. Study results strongly support previous research that highlights the significance of freedom of expression for young people in high educational institutions. The high level of participant agreement on the importance of freedom of expression in this study provides further evidence of the universal recognition of this fundamental right. The study contributes valuable insights to the discourse on freedom of expression and its implications for fostering inclusive and respectful academic environments in Albania.   Received: 20 February 2024 / Accepted: 30 April 2024 / Published: 5 May 2024

Navigating the Complexities of International Economic Law: Implications for Global Trade and Investment

This paper explores the multifaceted landscape of international economic law and its profound implications for global trade and investment. Through a detailed examination of key legal instruments and treaties, including the World Trade Organization (WTO) agreements, Bilateral Investment Treaties (BITs), and Regional Trade Agreements (RTAs), the study elucidates how these frameworks shape the regulatory environment for international commerce. Central principles of non-discrimination, most-favored-nation (MFN) treatment, and national treatment are dissected to understand their practical application and impact on trade and investment flows. The role of international organizations in creating, enforcing, and shaping the norms and standards of global economic interaction is critically assessed. Furthermore, the paper delves into the legal challenges and strategic considerations businesses face in navigating international trade, investment protection, intellectual property rights, and the burgeoning digital economy. By examining case studies and practical implementations, the study highlights the dynamic interaction between legal frameworks and business strategy in the context of digital trade, data protection, and the use of digital currencies and blockchain in trade finance. This comprehensive analysis aims to provide insights into the evolving landscape of international economic law and offer strategic guidance for businesses and policymakers navigating these complexities.

Marriage and the Obligations Arising from It

Marriage, as an institution of law, is based on the moral and legal equality of spouses, on the feeling of mutual love, respect and understanding, as the basis of family unity. Healthy family and marital relationships contribute to the elimination of gender stereotypes. It all starts in the family and is transmitted throughout society. For this reason, rightly, if we want to know how much a society respects the principles of non-discrimination and gender equality, it is very effective to carry out this analysis also for the family. Both marriage and the family, as very important institutions, enjoy the special protection of the state. The general principles that pervade these institution s are: i) the principle of reciprocity of rights and obligations ii) the principle of equality in rights and obligations iii) putting the interests first: of children, of marriage, of the family iv) reciprocity: in loyalty, for moral help, for material help, for cooperation in the interests of the family and coexistence. Marriage is a legal and social coexistence between two different people whose responsibilities and rights are defined by law and social traditions. Couples marry for a variety of reasons, including love, cohabitation, and sometimes economic or social reasons. Equality between spouses is accepted as a rule social concept and as a principle of family law. The principle of equality and non-discrimination as well as that of violence in marital and family matters is one of the main points in the paper.   Received: 25 December 2023 / Accepted: 25 February 2024 / Published: 23 April 2024

Restriction on Foreigners Employment Violates the Principles of Equality and Non-discrimination From the Perspective of Thailand Foreigners Working Management Emergency Decree

Restriction on Foreigners Employment Violates the Principles of Equality and Non-discrimination From the Perspective of Thailand Foreigners Working Management Emergency Decree

Promoting Women’s Political Participation in Tanzania: Assessing Voluntary Gender Quotas in CCM’s and CHADEMA’s Constitutions

In response to the low numbers of women in elected positions of power, Tanzania reserves special seats for women in parliament and local governance structures. Consequently, the special seats system remains one of the main pathways for women’s access to political seats. Despite political parties’ role in nominating women for special seats, concerns linger regarding their internal commitment to advancing women’s political participation. This article inspects the constitutions of Chama cha Mapinduzi (CCM, the Revolutionary Party) and Chama cha Demokrasia na Maendeleo (CHADEMA, Party of Democracy and Development) to assess whether there are voluntary gender quotas for increasing women’s political participation in political parties’ leadership positions and elections. While the two parties’ constitutions include principles of gender equality and non-discrimination, they contain minimal and inconsistent measures for women to attain positions in the party leadership, its decision-making organs and candidate lists. Various constraints, including the competition caused by the First Past the Post electoral system, challenges associated with the implementation of the special seats system, loopholes in the legal framework, weaknesses of women’s political parties’ wings, lack of competition from other political parties, and gendered social norms account for CCM and CHADEMA’s reluctance to adopt voluntary gender quotas.

집회 장소 규제 비판

This thesis is aimed at critically evaluating place restrictions of the Assembly and Demonstration Act(ADA, hereinafter) on peaceful assemblies. For this purpose, I examined whether article 11 of the ADA regulating the place of assemblies is compatible with the obligations of the states to protect and promote freedom of peaceful assembly stipulated in various international human rights norms. While the main subject of this article is article 11 designating the perimeters of places such as courts, parliaments or other official buildings as areas where assemblies may not take place, Articles 8 and 12 are also studied insofar as they contribute to the suppression of the right to freedom of peaceful assemblies. The assessment of those provisions is carried out in accordance with international human rights standards, which are well summarized in such documents as General Comment No. 37 by Human Rights Committee (2020), Guidelines on Freedom of Peaceful Assembly by OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) (2010), and Guide on Article 11 of the Convention: Freedom of assembly and association by European Court of Human Rights (2021).
 In the course of the assessment, I could demonstrate, above all, that Article 11 of the ADA is contrary to the international human rights standards. First, it inverts the relationship between freedom and restrictions by imposing bans on the location of assemblies as the rule and then allowing exceptions. Second, Article 11, prohibiting assemblies near locations that should be considered as public places, runs counter to the international norm that any restrictions on assemblies in and around such places be specifically justified and narrowly circumscribed. Third, under Article 11, whether an assembly falls within the exceptions therein or not is left entirely to the discretion of the regulatory authorities, which would be against the principle of legality the core of which is predictability. Fourth and finally, Article 11, making the judgment on admissibility of assemblies near such places depend on who the organizer of the assembly is, constitutes a violation of the principle of non-discrimination.
 In short, the ADA, combining the prohibition of assemblies near major public institutions and other place restrictions, makes freedom of peaceful assembly nominal and meaningless. Therefore the ADA has no reason to exist. The ADA can contribute to freedom of peaceful assembly and democracy only by being abolished.

Legal Protection for Children Against the Threat of Addictive Cigarette Substances

Purpose: This research aims to find legal protection for children under the age of 18 from the threat of dangerous addictive substances contained in cigarette products.   Methode: The type of research is normative-juridical.   Result: The research results show that legal protection for children under the age of 18 from the threat of dangerous addictive substances contained in cigarette products from the perspective of child protection law and the Child Rights Covenant is in accordance with the basic principles of children's rights in the Child Protection Law and the Covenant Children's Rights, namely; the principle of non-discrimination, the principle of the best interests of children, the principle of child survival and development, and the principle of respect for children's opinions . The government should immediately ratify the Framework Convention on Tobacco Control (FCTC) or the Tobacco Control Framework Convention to strengthen regulations for protecting children from the dangers of smoking which threaten their health and growth and development.   Conclusion: The essence of legal protection for children under the age of 18 from the threat of dangerous addictive substances contained in cigarette products from the perspective of child protection law and the Child Rights Covenant is in accordance with the basic principles of children's rights in the Child Protection Law and the Child Rights Covenant, namely; the principle of non-discrimination, the principle of the best interests of children, the principle of child survival and development, and the principle of respect for children's opinions

Framing UN Human Rights Discourses on Climate Change: The Concept of Vulnerability and its Relation to the Concepts of Inequality and Discrimination

The concept of vulnerability is widely used in human rights policy documents, reports, and case law focusing on the impacts of climate change on human rights. In academic discussions, the concept, however, has also sparked a discussion on its benefits and challenges for the advancement of human rights, especially concerning the principles of equality and non-discrimination. This article aims at contributing to this debate from a frame-analytical perspective. In social sciences, frame-analysis is a form of discourse analysis which focuses on the consequences of different concepts for legal, political, and social discussions and norms. With the example of selected UN documents on different human rights issues in the context of climate change, the article, firstly, analyzes whether and how the concept of vulnerability is defined in the documents and why it is used in the documents. Secondly, it is elaborated to which individuals and groups the concept is applied. Thirdly, it is discussed how vulnerability is conceptualized in relation to or in distinction to the concepts of inequality and discrimination. In a further section it is analyzed what narratives are mobilized by the frame of vulnerability. The article concludes that from a discourse-analytical perspective the frame of vulnerability mobilizes problematic narratives which has gendered and racialized implications for those labeled vulnerable.

Training German police officers to tackle racial discrimination: Professional virtues between compliance with legal norms and dialogue with affected groups

Abstract Educational formats that seek to raise police officers’ awareness about racial discrimination often focus on formal violations of the principle of non-discrimination or canons of values. First, based on a critical discussion of positions on discrimination in policing and proposals for police training in Germany this paper argues based on human rights for a broader understanding of the challenge to tackle racial discrimination in policing. In reference to neo-Aristotelian virtue ethics, competencies for proactive encounters with affected groups will thereby be explored. Second, it outlines a framework for educational formats on this issue that address police officers as whole persons, who should, in the context of their professional practice, develop the virtue to understand the perspectives of and to build relationships of care with marginalized individuals. An example of a tested format that integrates perspectives from civil society will be presented.

Perempuan dalam Penanggulangan Bencana: Peran Perempuan dalam Peningkatan Kesiapsiagaan Melalui Table Top Exercise (TTX)

One of the principles of disaster management in Law Number 24 of 2007 concerning Disaster Management is non-discrimination, towards gender, ethnicity, religion, race and any political sect. This principle applies at every stage of disaster management, both pre-, emergency and post-disaster. In its development, the role of disaster management cannot be generalized to just one group. Gender mainstreaming is one of the strategies adopted so that the principle of non-discrimination can work well. Efforts to apply these principles are carried out in Tabletop Exercise (TTX) preparedness training activities which are carried out for socialization, to provide an understanding of policies, procedures, plans that have been prepared, will be prepared or need to be prepared. It is hoped that the role of women in TTX can provide a more specific perspective regarding the needs and roles that can be filled by women in disaster management. Although the number of female personnel involved in TTX is limited, if they hold key positions they can provide significant results in the implementation of TTX.

Constricted rights and imagined identities: Peace and accountability processes and constitution-making in Bosnia and Herzegovina

Abstract This article takes an interdisciplinary law-in-context approach to examine the nature of constitutionalism in Bosnia and Herzegovina. We argue that while the new constitution was necessary for implementing the postwar democratic transition and rebuilding processes, its fixed ethno-religious collective political identities achieved between 1992 and 1995 by forceful means have further reinforced ethno-territorial divisions in a multicultural society. As a consequence,the individual and state accountability for mass atrocities and genocide before the ad hoc International Criminal Tribunal for Former Yugoslavia and theInternational Court of Justice have become secondary to the postwar power-sharing arrangement, thus perpetuating inter-ethnic tensions. The dominant focus on a social order that reasserts citizenship and constitutional rights based on ethnic identities has created an enduring deadlock for the Bosnian transition. This article reimagines a citizen-based constitution generated by political participation for those in and outside of Bosnia and Herzegovina that safeguards the principles of non-discrimination and equal civil, political, socio-economic, and cultural rights, and encourages citizens’ education and democratic participation to shape the future of democracy.

Equality and non-discrimination: some issues of implementation

The path of Ukraine as a legal democratic state to the European space determines such primary activity directions and fundamental values as human rights and freedoms. That is why their consolidation is carried out at the legislative level, including the provisions of international treaties in this area. Nowadays in Ukraine, human rights are legally defined, including, in particular, the right for an equality and protection from discrimination. Therefore, issues of equal treatment guarantee (constitutional equality principle), irrespective of nationality, race, gender identity, ethnic origin, religion, physical disabilities, age, etc., are remain up-to-date. However, non-discrimination principle is still not enshrined in the Constitution of Ukraine, as well as efficient mechanism that would enable implementation of this principle. So, currently, principles of an equality and non-discrimination are remain quite disputable among scientific community. Firstly, it concerns terminological apparatus. In theory alongside with the term «equality» use the term «equity», they are either interchange or being used as part and whole – «equity» includes both equality and non-discrimination principles. Secondly, the current legislation is inconsistent in terms of the regulation of general provisions on equality and non-discrimination. However, on Ukraine`s way to European integration, it is important to take into account the provisions of world standards on the protection of human and civil rights and freedoms, in particular the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, which is prerequisite for the harmonious development of Ukraine as a European state. Key words: law, rights and freedoms, constitutional principle, equality, equality, equality, non-discrimination, person, citizen.

Legal Protection of Gender Equality Rights and Freedoms in Sovereign Kyrgyzstan in Achieving Sustainable Development Goals

The article examines the features of legal protection of equal rights and freedoms of men and women, equality of opportunities for their implementation in the field of sustainable development, the need to take into account the principles of equality and non-discrimination in the process of achieving all 17 goals in sovereign Kyrgyzstan. A necessary element of the implementation of rights for these purposes is public policy, which is determined constitutional recognition of Kyrgyzstan as a social state, whose activities are aimed at ensuring a decent life and free development of people. The system of rights in the areas under consideration is relatively developed and stable. The work notes the domestic mechanism for protecting gender equality, proposed as part of three elements of the system: firstly, legal enforcement of the equality of citizens, independent of gender; secondly, jurisdictional (administrative) support; thirdly, a comprehensive state gender-sensitive policy.

Analisis Konten Kontroversi Dawah Habib Husein Ja’far di Program Acara Talkshow Metro TV

Da'wah tolerance as a way to invite servants to get closer to Allah by prioritizing existing principles, such as the principle of mutual respect, non-discrimination, and spreading peace. Differences are not something that must be debated but lessons that contain wisdom. Researchers use descriptive qualitative data analysis techniques; primary data is Habib Husein Ja'far's Da'wah in the Talk show Program on Metro TV. Data collection techniques using content analysis, data analysis is qualitative, namely data collection, data reduction, analyzing data then making abstractions. This study aims to determine the various impacts of the content of the Habib Ja'far Da'wah Controversy in the Talk show Program, namely First, technological advances have made Habib Ja'far, who initially preached directly, switch to digital da'wah because 75% of people are active and get information in digital world. Second, the uniqueness of the da'wah content is to invite other religious leaders to preach. Habib Ja'far raised the issue of tolerance because he felt that he needed to include it in his da'wah, often called controversial da'wah, but in his da'wah he gave a message that every religion invites its adherents to maintain the peace of Indonesia and invites to uphold tolerance between religious communities as proof of his affection.

MacDermott Lecture 2023: Confounding the rule of law: conflating immigration, nationality, and asylum in the UK

In this MacDermott Annual Lecture, Professor Devyani Prabhat looks at current developments in immigration, nationality and asylum law and evaluates these in terms of the core ingredients of the rule of law. Specifically, the focus is on two aspects of the rule of law as elaborated on by Lord Bingham in his classic exposition on the rule of law (2011.) First, Bingham asserts that ‘Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion’ is a fundamental requirement of the rule of law; and, second, Bingham states that ‘the rule of law requires compliance by the state with its obligations in international law as in national law’. The examples Professor Prabhat analyses in the lecture are that of the East African Asians who could not enter the United Kingdom (UK) with their British passports in the 1960s and 1970s; the Windrush generation and the hostile environment of immigration control; immigration control of European Union nationals in the UK after Brexit; developments in cancellation of British Citizenship; and new legislation and proposals on asylum in the UK. Do these changes in the scope and application of the law comply with the rule of law in general and with the two specific principles on ‘law not discretion’ and ‘international law compliance’ in particular? While answering this question, Professor Prabhat explains how the different legal categories in immigration, nationality and asylum are distinct but are often conflated or confused with each other. Executive discretion should be narrow for nationality and asylum matters to conform with international law, whereas it can be wider for immigration so long as principles of fairness and non-discrimination are adhered to in each instance.    

Legitimate Multilevel Crisis Management from the Perspective of Human Rights, Minorities, and Non-Discrimination

Abstract The COVID-19 pandemic has dominated media and scholarly literature since 2020. The impact(s) of crisis management on democracy, legitimacy, human rights, minorities, marginalized groups, and persons belonging to them are mentioned but seldom the main focus. From the perspective of human rights, protection of minorities, and the principle of non-discrimination in multilevel systems in Europe, the paper discusses certain conceptual, terminological, and methodological problems in studying such complex dynamic phenomena and argues that qualitative approaches might be the most suitable for studying the perceptions of persons belonging to diverse minorities on democracy and the legitimacy of crisis management and governance.

The implementation of the non-discrimination principle in the Republic of Moldova

The implementation of the non-discrimination principle in the Republic of Moldova represents a complex and ongoing process aimed at ensuring equal opportunities and treatment for all citizens, regardless of their personal characteristics. This principle is fundamental in the context of promoting human rights and strengthening a democratic and inclusive society. As a signatory state to international treaties on human rights, the Republic of Moldova is obligated to implement and adhere to their provisions regarding the fight against discrimination. In this regard, various laws and policies have been adopted and enacted to prevent and combat discrimination in different areas, such as labor, education, or access to public services. One significant initiative in this direction was the establishment of a specialized body to combat discrimination, tasked with monitoring compliance with the non-discrimination principle and providing support to victims of discrimination. Efforts have also been made to raise public awareness about the importance of respecting diversity and promoting a culture of equality.

The history of establishing the principle of nondiscrimination in public international law

The history of establishing the principle of non-discrimination in international public law is marked by the progressive evolution of international consciousness regarding the necessity of guaranteeing equality and fundamental rights for individuals and states. An important moment in the history of affirming non-discrimination was the adoption of the United Nations Charter in 1945, which states in the preamble that all UN members must promote respect for the fundamental rights of humans without distinction of race, sex, language, or religion. Subsequently, the Universal Declaration of Human Rights in 1948 consolidated these principles and asserted that all people are born free and equal in dignity and rights. Another significant moment was the adoption of the International Convention on the Elimination of All Forms of Racial Discrimination in 1965, representing a major step in addressing discrimination based on race. Later, the Convention on the Elimination of All Forms of Discrimination Against Women in 1979 and the Convention on the Rights of the Child in 1989 expanded these principles to cover other categories of individuals.

On the Non-Discrimination Principles in Digital Trade

AbstractWhat do the provisions on the non-discrimination principle (the principles) in digital trade mean under trade agreements, especially in the absence of a clear international consensus on the subject of the principles? To answer this question, this study first identifies the issues related to the application of the principles in digital trade and presents a theoretical framework to explain how the principles can affect digital trade despite such issues. Using various data sources, such as digital trade flows, the inclusion of the principles in digital trade agreements, and digital trade barriers, we empirically test the hypotheses constructed from our theoretical framework. We find that inclusion of the principles in the trade agreements is more likely to increase digital trade flows. Moreover, though digital trade barriers decrease digital trade flows, this negative effect can be mitigated when the principles are more clearly defined in the trade agreements.

Incorporating migrants into National COVID-19 Vaccination Plans in Latin America: A comparative analysis of policies in seven countries

Vaccination against COVID-19 is an essential public health tool for pandemic control. Inclusion of migrants in COVID-19 vaccination is not only ethically necessary from a right-to-health perspective but also technically indispensable for disease control. This study aimed to characterize the inclusion of international migrants, refugees, and asylum seekers in COVID-19 vaccination policies in Latin American countries that have the greatest recent increase in the reception of migrants.We conducted a content analysis of public policy documents issued between March 11, 2020, and June 30, 2022 by the Ministries of Health of seven countries: Brazil, Chile, Colombia, Costa Rica, Ecuador, Mexico and Peru. Documents were located through Ministries of Health web pages, references in scientific literature, and the Pan American Health Organization's Information Platform on Health and Migration in the Americas. A content analysis was performed of the documents that were located, along six dimensions: migrants' right to vaccination, temporality of vaccination, administrative discretion, policies to facilitate access, language or cultural considerations, and normative, ethical or technical justifications provided.Eighty-six public policy documents were reviewed. Their contents showed that none of the countries explicitly excluded migrants from vaccination, nor did they explicitly define restrictions on this population. One barrier that was detected was to require identity documents in order to be vaccinated or to receive a vaccination certificate, which could be difficult for migrants to obtain. Few countries defined actions to facilitate or promote the vaccination of migrants. The documents that mentioned justifications for vaccinating migrants presented reasons that were mainly based on the recognition of the right to health, the principle of non-discrimination and equity.The countries studied generally had inclusive policies but were limited in terms of dealing with potential barriers to access. The lack of mechanisms to guarantee the right to health is a limitation that countries in the region should address.