Number Of Rights Research Articles

Ideal Government Policy In Fulfilling The Social and Cultural Economic Rights of Sangir Philippine Citizens

Introduction: Fulfillment of economic, social and cultural rights is a reflection of guaranteeing human rights. However, the economic, social and cultural rights of every citizen must be supported by their status as a citizen. Because a person's citizenship status has the effect of giving them a number of rights as a citizen. This problem occurs for Sangir Filipino residents whose citizenship status is unclear.Purposes of the Research: Is to examine and analyze the ideal policies taken by the government, especially the regional government of Bitung City, North Sulawesi Province, in addressing issues that provide economic, social and cultural rights for Sangir Filipino residents who have unclear citizenship status, so that this has an impact. on Providing their rights as part of providing human rights.Methods of the Research: In this research is normative juridical research using statutory regulations and a contextual approach. The sources of legal materials used in this research are primary legal materials, secondary legal materials and tertiary legal materials. This legal material was obtained through literature review and then explained qualitatively.Results of the Research: Show that the citizenship status of Sangir Filipino residents does not clearly have an impact on the provision of economic, social and cultural rights. There is a need for policies by the Regional Government and the Central Government, such as updating national laws that simplify the citizenship registration process, providing outreach to Sangir Filipino residents about the importance of a clear citizenship status, and the need for participation from all elements of society in order to overcome this problem.

QUYỀN CỦA NGƯỜI THỨ BA TRONG HỢP ĐỒNG VÌ LỢI ÍCH CỦA NGƯỜI THỨ BA

A contract for the benefit of third parties is a type of contract characterized by the existence of a third person who benefits and is not considered a party to the contract. Today, civil law recognizes a number of rights for third parties, which will ensure that third parties can receive benefits from the parties’ contract. However, current regulations on this issue remain unclear, leading to difficulties in applying and resolving related disputes. The article focuses on analyzing aspects of the rights of third parties in this type of contract, thereby highlighting some unclear points in current legal provisions and making recommendations to improve the law.

Right To Health in Malaysia. Do We Have It?

The Malaysian Constitution does not guarantee the right to health. The notion of thought that there is a default right to health lies in the expressive interpretation of right to life in the Federal Constitution. This article explores the right to health beyond its pedagogical principle by analyzing the Federal Constitution in-depth, and examine the applicability in modern clinical practice and how human rights are applied and read in law practice by reviewing previous case laws pertaining health related issues. In Malaysia, it is noted that the default formulation in the right to life is broad and ambiguous. It contains a voluminous number of rights in a single provision, and the paucity in the definition causes confusion in Court on which provision of law should be based on. Right to health remains poorly adopted in this country.

The value of the honor and dignity of a person and the possibility of its implementation through the means of a generally permissible type of legal regulation

The essential feature of general permissive legal regulation, that is its focus on the maximum exercise of freedom within the existing legal order, presupposes a certain area of such regulation. This area covers a number of values, the embodiment of which depends on the corresponding amount of freedom, and they include the value of the human person (and the main components, such as life and health, honor and dignity, inviolability and security of man), democracy, local self-governance, civil society, etc. These social values “get” new opportunities for their implementation due to this type of legal regulation, since its main tools objectify the corresponding amount of freedom. These are legal prohibitions, obligations, and permissions that “accompany” and reflect the content and scope of a number of rights that guide the “general permissive process” of the embodiment of these values, such as the value of honor and dignity – the right to respect for human dignity; the right to privacy (which to a maximum extent reflects the interconnection of these values as paired categories, since they are fixed in the Constitution); other rights that determine “decent conditions of human life”. This makes it possible to clarify under conditions of general permissive regulation the content and scope of different types of rights, and therefore – different types of freedom, for example: 1) economic freedom (“decent economic living conditions”) taking into account the following correlations: a) dignity and freedom of property, freedom of work, freedom of housing, , characterized by active human behavior and illustrating the maximum amount of freedom; b) dignity and minimum social standards – opportunities for social protection, and “sufficient standard of living”, which on the contrary determine the “active role” of the In this regard such issues occur as the legal nature of certain legal prohibitions, obligations, permissions and their assessment through the prism of freedom, such as benefits (benefits, compensations) that are permissions and “enhancers” of economic freedom that perform the function of its preservation and restoration; positive obligations of the state that perform the function of obligations and “enhancers” of economic freedom; discretion of the state (legal permission as a specific restrictor of freedom), which presupposes the minimum permissible amount of such freedom; 2) ideological freedom («decent political and cultural conditions of life») and its maximum manifestation that covers the links between dignity and freedom of speech, conscience, education and language, etc. At the same time, specific legal instruments are revealed, such as qualification conditions and requirements as obligations that should be assessed through the prism of false restrictors of this type of freedom.

SOCIAL SECURITY FOR PERSONS WITH DISABILITIES IN SOUTH AFRICA: COMPLIANCE WITH ARTICLE 28(2) OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

The United Nations Convention on the Rights of Persons With Disabilities (CRPD) was adopted in 2006 in order to address continued marginalisation of persons with disabilities. Since the adoption of the CRPD, the rights of persons with disabilities have received more scrutiny than previously. The Preamble to the CRPD states that “persons with disabilities continue to face barriers in their participation as equal members of society and violations of their human rights in all parts of the world”. The founding principle of the CRPD is that persons with disabilities are entitled to participate fully and equally in society, irrespective of their individual disability. To achieve this goal, the CRPD provides for a number of rights that must be implemented by States Parties that have signed and ratified it. The rights included in the CRPD contribute towards the achievement of full and equal participation in society. Article 28 of the CRPD guarantees two rights that contribute towards the achievement of full and equal participation in society of persons with disabilities. These are the right to an adequate standard of living, and the right to social protection.This article establishes the scope and content of the right to social security as a component of the rights guaranteed in article 28. To this end, the obligations created by the CRPD related to social security provided by States Parties are established. The current South African social security system pertaining to persons with disabilities is discussed and analysed to determine whether it is compliant with the obligations created in article 28 of the CRPD. Finally, shortcomings in the existing social security system are identified and potential remedies suggested to address these.

How Long Shall Man be the Measure of All Things? Artificial Intelligence Systems and the Protection of Human Rights: Overwhelming Risks or Beneficial Opportunities?

Artificial intelligence systems are gaining an increasingly significant place in contemporary life and affect human lives and economic development in a remarkable and irreversible way. However we should be alert about the risks robots might bring to the enjoyment of human rights. The dangers are related to the neglect, violation and sometimes exclusion of a number of rights that are of decisive importance for the well-being and security of every person. Such violations can lead to discrimination, inequality and social exclusion. The deficiencies in the understanding of the value of fundamental rights in self-learning robots is a fact we should be aware of. Nowadays intelligent machines are still just a tool for improving people’s lives. And yet as far as the protectiоn of human rights is concerned, the dynamic self-improvement and upgrading of artificial intelligence systems require human supervision and “ethical oversight”. Within this context it is important to develop algorithms for the protection of human rights that robots cannot modify even in their self-learning process. Rules should be legally established and unified, so that АI systems can only upgrade themselves in a human-preset direction. Otherwise they can develop in an unexpected way and affect common human values and achievements. Such rules should grant particular protection to people in a vulnerable position - the disabled, the children, the elderly and the sick, the poor and in certain cases - women. The study explores issues related to the impact of increasingly used intelligent systems on the economic, social, civil and political rights. Some of the most affected rights are the right to labour, a number of social rights, the freedom of movement, freedom of expression, the right to a fair trial and the protection of personal data. These rights should be protected and guaranteed through legislation at the international and national level, as well as through the consistent practice of the institutions.

International standards of citizenship and resolution of citizenship issues when changing the territory of the state

The fundamental element of the development of any state is the strengthening of its legal ties, as well as the formation of a high-quality and new legal system for the protection of the rights and legitimate interests of a person and a citizen, including the sphere of acquiring Ukrainian citizenship. The legal framework that regulates the institution of Ukrainian citizenship at this stage is fragmented and inconsistent, and the process of forming such a framework is not systematic and consistent, which causes problems in legal regulation. It is important to examine the doctrinal approaches and views that relate to the institution of citizenship. There are different approaches to defining the concept of citizenship. It is interpreted from different aspects – political, legal or philosophical. The content of citizenship can be a stable legal connection with a certain state or a person’s belonging to a certain state, the people of a nation. Among the key characteristics of the institution of citizenship, the most important is its influence on ensuring the rights and freedoms of a person and a citizen. Citizenship gives a person a number of rights, including the right to protection by the state, participation in elections and public administration, access to social services and protection in court. It also imposes obligations, including: protecting the homeland, paying taxes, being loyal to the state, obeying the law, and participating in society. This interaction determines the ways of realizing civil rights and responsibilities, solving conflicts and problems related to citizenship and migration, as well as the formation of civil identity and joint responsibility for the future of the country. The definition of the signs of citizenship is also insufficient in the legal literature. These problems make it necessary to study the general legal and doctrinal characteristics of the institution of citizenship.

Security as a fundamental human right

The article is dedicated to the consideration of the right to security as a fundamental human right. The problems related to the right to security are complex and are determined by the specifics of the current development of society. It is shown that in modern conditions the right to security exists de facto by default, but de jure does not have the status of a fundamental and universal human right. At the same time, the right to security is a legal recognition of the existence of safe conditions of existence for every person and the context for the realization of both individual and the entire complex of human rights. The article proves that the right to security is an integral concept, which is confirmed by a significant number of rights derived from it. It is proven that modern ideas about security are determined by secularization and anthropological trends.
 Today, the content of the concept of "security" emphasizes the individual, not the state. Unlike previous eras, the responsibility for creating and functioning laws and rules for a safe life rest with a person.
 Considerable attention is paid to the modern understanding of the right to security, which has its cultural basis in the form of a change in the normative model of society: the current society is a society of dynamic changes, risks, and conflicts, in which the main social ideal is security, and not equality as it was followed in previous eras. It is also noted that different historical and cultural systems have their ideas about security and specific means of ensuring it.
 The right to security, in an ontological sense, is close to the right to freedom, as it exists in two forms - positive (as a system of measures to counter dangers and threats and ensure stability) and negative (as a state of individual protection from risks and threats). It is emphasized that the right to security is basic (background) for the realization of all other human rights.

A New Dawn for Canadian Platform Workers?

In December 2021, the Ontario government passed into law Bill 88, the Working for Workers Act, 2022. Among other developments, the Working for Workers Act, 2022 introduced the Digital Platform Workers’ Rights Act, 2022 (the “Act”), establishing a number of rights for platform workers. This Article is a brief, non-exhaustive evaluation of the provisions of the Act, with particular emphasis on how it impacts the salient issues associated with the regulation of platform work. This Article concludes that, notwithstanding its limitations, the Act is a major step in the right direction towards effective regulation of the working conditions for platform workers.

Perlindungan Hukum Terhadap Penetapan Status Tersangka Ditinjau Dari Perspektif Hak Asasi Manusia

Legal protection for suspects is a guarantee of legal protection provided by law for the recognition of the rights of a suspect. Despite the status of a suspect, a person still has a number of rights that must be fulfilled and respected. If these rights are violated, then it means that the human rights of the suspect have been violated or not respected. Law Number 8 of 1981 concerning the Code of Criminal Procedure (KUHAP) has regulated the rights of suspects from Article 50 to Article 68 of the Code of Criminal Procedure. The problem is, if there is a person who has been determined as a suspect by investigators, while the status of the suspect is suspended for years without any further legal process to be tried in court. Even though suspects have the right to immediately get legal certainty and justice. The method used in this study is normative legal research conducted as an effort to obtain the necessary data in connection with the problem. Data used with skunder data and tertiary law materials. In addition, primary data is also used as a support for secondary data legal materials. From the results of the study showed that there is a legal vacuum to the regulations governing the time limit for determining a person to be a suspect. Article 50 of the Criminal Procedure Code only regulates the provision of time for handling cases, or commonly known as the right to priority settlement of case. So that the rights inherent in the suspect must be respected by all parties, especially by law enforcement officers. By suspending the status of a person's suspect and allowing it to drag on, the suspect's right to immediately obtain justice and legal certainty on matters that are suspected of him has clearly been violated.

Zgodność z Konstytucją RP unormowań prawnych dotyczących świadczeń medycyny estetycznej

The lack of a legal definition of aesthetic medicine benefits leads to a number of interpretive doubts about who can perform the above-mentioned procedures and the status of those who benefit from them. Only doctors have the knowledge and competence to change the appearance of the human body, while due to the fact that the legislator eliminated aesthetic treatments from the definition of health benefits, we can find aesthetic offerings, for example, in beauty salons. The definition of a patient has also been immanently linked to the use of health benefits, so those who undergo treatments not aimed at preserving, saving, restoring or improving health are consumers who are not entitled to a number of rights under the Act on Patient Rights and Commissioner for the Rights of the Patients. Therefore, the current Polish regulations on aesthetic medicine services conflict with the norms of the Constitution RP.

Przemiany polityczno-ustrojowe w Federacji Rosyjskiej w okresie pierwszej prezydentury Władimira Putina (2000-2008) – zagadnienia wybrane

Legal-political changes in the Russian Federation during the first presidency of Vladimir Putin, covering the years 2000-2008, are the subject of the article. The study first focuses on the strengthening of executive power, both at the central and regional levels, consolidating the power camp and shaping the political system of the state. In the period under analysis, the powers of the President of the Russian Federation were increased, the Federation Council was weakened, control over the regions was strengthened, and a number of rights and freedoms of citizens were limited. In his actions, Putin relied on the power ministries and secured the loyalty of the State Duma and the oligarchs. The United Russia party became his political base. Putin’s political opponents and competitors were ruthlessly eliminated from political life. An analysis of the features of the political system of the Russian Federation indicates that it had become an authoritarian state.

The re-opening of judicial proceedings in the Armenian law and practice following the judgments of the European court of human rights

The Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as the Convention) guarantees a number of rights and freedoms that the states that have ratified the Convention are obliged to respect in the territories under their jurisdiction. Regarding violations recorded by the European Court of Human Rights (hereinafter referred to as the ECtHR) created on the basis of the Convention, there is often a need to reopen judicial cases at the domestic level. The importance of this process lies in its central place in the execution system of the ECtHR’s judgments and in some cases is considered as the only way to restore the violated rights. Within the framework of this article, the legislation and practice of the Republic of Armenia regarding the reopening of judicialcases following the judgments of the ECtHR were studied. In particular, the relevant legal regulations of RA criminal procedure, RA civil procedure, RA administrative procedure codes and other legal acts were analyzed. As a result of the comprehensive studies carried out in the article, the gaps, shortcomings and uncertainties of the RA legislation and practice in the discussed field were highlighted, and relevant recommendations were made to fill, eliminate or clarify them.

Cooperation at the National and International Level in the Protection of Victims

The respect for the victims' rights, the guarantee of their rights, and the participation of the victims in the criminal process have faced positive developments, especially after the justice reform. The changes in the legal acts carried out in 2017 sanctioned a number of rights for the victims of criminal offenses, previously unknown. The paper aims to address the rights of victims of criminal offenses from the perspective of national legislation and international standards, focusing on victims with special needs such as women, children, victims of trafficking, possible victims of trafficking, victims of sexual abuse, victims of domestic violence, etc. The paper aims to address the role of national and international institutions in protecting the rights of victims, cooperation, and coordination of work between them. The treatment of victims' rights in the criminal process is also analyzed from the perspective of international practice. Following this paper, there will be a wider treatment of national and international legal acts that sanction the rights of victims in criminal processes, their protection mechanisms, and inter-institutional cooperation at the national or international level in order to guarantee these rights.
 
 Received: 16 September 2023 / Accepted: 21 October 2023 / Published: 23 November 2023

Corporate Governance Practices in India: Problems & Importance

The paper seeks to explore the impact of corporate governance (CG) measures on the performance, importance and problems from the viewpiont of India.The focus on corporate governance has increased since the past few decades in most countries around the world, especially in the wake of corporate collapses in early 2000s. These corporate collapses have leads to the growing volume of academic and practical research in this area. Corporate governance refers to the set of rules and practices that ensure the effective and corporate efficient management of a company. In India, the Companies Act, 2013 lays down the legal framework for corporate governance, which is overseen by the Securities and Exchange Board of India (SEBI) and other regulatory authorities. Some of the key corporate governance practices in India include: Board of Directors: Companies in India are required to have a board of directors that oversees the management of the company. The board is expected to act in the best interests of the company and its stakeholders.Independent Directors: At least one-third of the board of directors of a listed company in India must be independent directors. These directors are expected to provide unbiased and objective advice to the board. Audit Committees: Listed companies in India are required to have an audit committee that oversees the financial reporting process and ensures that the company's financial statements are accurate and reliable. Shareholder Rights: Shareholders in India have a number of rights, including the right to vote on key issues such as the election of directors and the approval of major corporate transactions. Disclosure and Transparency: Indian companies are required to disclose a wide range of information to the public, including financial statements, annual reports, and information about the company's management and operations. In this paper we will study the concept and principles of corporate goverbance along with its importance from the viewpoint of India. Then we will discuss the various issues and challenges related to corporate governance.

OD WOLNOŚCI DO RÓWNOŚCI. PAŃSTWA ŚRÓDLĄDOWE KONTRA MIĘDZYNARODOWE PRAWO MORZA – WYBRANE ZAGADNIENIA

The author, starting with the presentation of the acts of the international law of the sea that are most relevant to the presented subject, describes the evolution of the definition of a landlocked state, and the genesis and development of the freedom of the high seas. The author, by means of the dogmatic and historical analysis of the normative acts, seeks an answer to the question: Can the occurrence of actual inequality lead to inequality or to apparent equality, manifested in normative acts? When examining the above issue in relation to the states’ experience, a thesis has been advanced about the seemingly editorial nature of the freedom of the high seas in the context of its exercise by landlocked states. This may suggest apparent inequality of states observable in the international law. The author argues that, despite some unfavourable codification changes, the landlocked states gain a number of rights that significantly reduce the discriminatory nature of the remaining provisions, and international experience shows that the position of the landlocked states in international relations is strong.

The public interest perspective in the medical grounds

The goals include the obtained results from the advisable sources, specifically as a sense of the carried-out analysis. So it is a conceivable objective that the legal national interest perspective should be explicit pursuant to the doctrine. The patient has a number of rights not cataloged numerus clausus. However, how has legislation changed in the face of the pandemic and European Union budgetary law? Did it have an impact on strengthening the law and increasing the focus on the patient? In such difficult times of a pandemic, it was necessary, therefore, to adapt more to technological and legal developments. The restrictions that resulted from the pandemic, however, were intended not to infringe on patients' acquired and absolute human rights. It is an important dogmatic and historical method in the sense that this is a work with a historical dimension because it is describing the most important events in the history of the globe for human rights and medical law, which are trying to combine. In conclusion, it is important to share knowledge in the field of medical law that is popularized in the field of documents considered medical, which has been discussed more in the text. It aims to indicate where an individual would assert the rights if not through the proliferation of specialized human rights courts. What is more significant, the representation of states is related to their international competencies, which may, in the future, ensure membership of other international organizations, in order to focus the role of a global coordinator of similar problems in the European sphere. It is the choice of countries to belong to international specialized organizations that make it easier to shape mechanisms for the protection of medical rights.

RIGHTS OF WOMEN IN A CHALLENGING NIGERIAN SOCIETY

Women as with all humans have a number of rights, including the right to learn, to be free from abuse and prejudice, to own property, to enjoy well-being in all of its ramifications, and to earn an equivalent income. Evidence depict women as being at the base of the pyramid in all human development indices, ranging from political participation to socio-cultural and financial independence to inheritance rights to land and property appropriation, to educational enrollment among many other measures. However, across the sphere and in the Nigerian context, a number of women still experience unfairness, given their femininity. Gender disparity emphasizes how women experience a range of rights issues and prejudices within various on-hand laws, which encourage some grave contests in view of denial and marginalization. This could be due to patriarchy; as an intensely entrenched practice in some cultures in nearly all developing societies, has upheld the feminization of poverty, exclusion, segregation, financial deprivation, inequality, and sociocultural repression, which challenge the rights of women. As a largely patriarchal society, the rights of women in Nigeria have been tapered; as issues of gender disparity and women, empowerment is often gazed at with suspicion by men and kept women’s aspirations under ruthless control. All of these rights issues pose legitimate concerns to the helping professions, given the longstanding insistence on the liberation and empowerment of marginal and silenced groups such as women, to promote their human rights and achieve their aspirations. Therefore, challenging women’s rights issues is a professional imperative for which government, NGOs, international bodies, all lawmakers, activists, helping professionals… researchers and policymakers should be actively involved regardless of practice orientation.

Культурно-антропологическое измерение современного уголовного права

The spread of cultural-anthropological methodology to the problems of modern criminal law enabled to formulate a new doctrinal definition of criminal law as a culturally agreed system of social freedoms focused on protecting social, material and spiritual values that are the human culture achievements and belong to a person. The proposed cultural-anthropological dimension allowed us to substantiate the appropriateness of recognition anthropodicy as a paradigm of modern criminal law. 
 The idea of periodization of criminal law genesis was further developed with the identification of three qualitatively different periods of premodern, modern and postmodern, each of which is distinguished by a special role played in culture in general and criminal law in particular. 
 The article provides different understanding of social justice as the purpose of applying criminal law which is more complicated in the context of the rule of law dominance than in the traditional understanding of the compliance between crime and punishment.
 The proposed approach allows to obtain a new type of criminal law, in which a person, regardless of the nature of participation in criminal relations, is provided with a number of rights and legal opportunities to protect their own, or those represented by it, interests. Іn addition, it creates grounds for further study of less global, but no less relevant problems of criminal law, in particular, ensuring objective criminalization, the formation of a coherent system of criminal law measures as a legal consequence of a socially dangerous act, the ratio of measures to physical and legal persons, etc.

RENEWAL OF THE CONTRACT FOR LEASE OF A LAND PLOT UNDER THE CONDITIONS OF MARTIAL LAW IN UKRAINE

In the conditions of martial law, introduced by the decree of the President of Ukraine No. 64/2022 of February 24, 2022, all social relations have undergone significant changes. Civil law is no exception, which in turn is one of the main ones in the process of functioning and development of the state. The factors that influenced the deformation of social relations include both subjective and objective factors. This was expressed in the physical impossibility of the functioning of certain state mechanisms and institutions, the duties of which are to provide citizens with a certain number of rights and opportunities. Therefore, the purpose of the article is to study the peculiarities of the process of renewal of the land lease agreement under special conditions, namely during martial law. The work used the method of analysis and synthesis, comparison, deduction, generalization. As a result, it was possible to reveal the content of the land lease agreement, as well as its original provisions. In addition, the legal framework that regulates the field of land lease, as well as the obligations of the parties to such a contract, has been researched. An important part of the work was the study of legislative innovations that changed the procedure for renewing the land lease agreement. Based on this, the meaning of the concept of “expression of will” was studied and possible ways of renewing the contract without proper expression of will of the parties were considered. In addition, the external conditions that influence this process and can negatively affect the legal position of the lessor or lessee are investigated. It is important that, in addition to the identified shortcomings in the new norma­tive legal acts, recommendations for their elimination and resolution were formed in the work. To a greater extent, changes should be made to some laws regulating land relations, in particu­lar land lease agreements. The practical value of the work is revealed in the fact that it can be used both by ordinary citizens to protect their rights and fulfill their duties, and by legislators in order to eliminate regulatory conflicts characteristic of the current legislation.