Rights Of Persons Research Articles

Some aspects of ensuring the rights of persons with disabilities in the activities of the Council of Europe

The article is devoted to the study and analysis of the acts defining the rights of persons with disabilities, providing for the ways of their guarantee and protection, which were adopted within the Council of Europe. The concept of human rights mechanisms, in particular, in the activities of regional international intergovernmental organisations, is revealed. The author demonstrates the complex multilevel nature of the European system of human rights protection, which includes special regulatory and institutional instruments. Some acts of the so-called ‘soft law’ of the Council of Europe are analysed. It is shown that the first documents of the Council of Europe in the field of the rights of persons with disabilities concerned mainly the economic rights of this category of persons. Particular emphasis was placed on the importance of ensuring the required number of jobs, professional retraining and professional assessment of employees who have lost the ability to perform certain types of work. With the further improvement of human rights protection mechanisms, the Council of Europe’s strategy for ensuring the rights of persons with disabilities has also changed. Member states agreed on the importance of expanding the range of freedoms for people with disabilities. This was due to the existence of numerous barriers to access to social services, cultural life of society, diversification of leisure activities, etc. The recommendations that were subsequently adopted included provisions on the absolute prohibition of discrimination on the basis of disability in such areas as education, transport, public services, political, social and cultural life of the state. The article also analyses the concept of universal design, which was introduced to ensure that the infrastructure of European countries is accessible so that every person with a disability can receive the necessary social services with minimal interference from third parties. The article examines the issue of protection of persons with disabilities from violence and ill-treatment, whether committed by relatives, healthcare professionals or third parties. The author identifies the categories of persons who are more vulnerable due to the combination of disability with certain other characteristics, such as age, gender, social status, citizenship, etc. The author reveals a new approach of the Council of Europe to ensuring the rights of persons with disabilities, which provides for the elimination of social barriers and their full integration into society.

A RETIRADA DO SOBRENOME PATERNO DEVIDO AO ABANDONO AFETIVO

Affective abandonment in Family Law has sparked debates regarding the possibility of excluding the paternal surname as a symbolic and emotional dissociation. This article aims to analyze the legal feasibility of removing the paternal surname in cases of affective abandonment under Brazilian law. The research is based on a bibliographic review, discussing the concept of affective abandonment, the personality rights involved, and the legal and emotional criteria for changing the civil name. The central question examines whether paternal surname exclusion is possible solely due to affective abandonment, without requiring proof of material harm. The analysis shows that, despite lacking uniform judicial consensus, precedents allow surname removal based on emotional damage. The research concludes that affective abandonment can justify surname removal, considering its impact on dignity and personal identity. However, further studies should explore the legal criteria and inheritance implications of this decision.

A RETIRADA DO SOBRENOME PATERNO DEVIDO AO ABANDONO AFETIVO

Affective abandonment in Family Law has sparked debates regarding the possibility of excluding the paternal surname as a symbolic and emotional dissociation. This article aims to analyze the legal feasibility of removing the paternal surname in cases of affective abandonment under Brazilian law. The research is based on a bibliographic review, discussing the concept of affective abandonment, the personality rights involved, and the legal and emotional criteria for changing the civil name. The central question examines whether paternal surname exclusion is possible solely due to affective abandonment, without requiring proof of material harm. The analysis shows that, despite lacking uniform judicial consensus, precedents allow surname removal based on emotional damage. The research concludes that affective abandonment can justify surname removal, considering its impact on dignity and personal identity. However, further studies should explore the legal criteria and inheritance implications of this decision.

HUMAN RIGHTS OF PERSONS WITH DISABILITIES: INDIAN PERSPECTIVE

The human rights of persons with disabilities (PWDs) are integral to the global agenda for equality and justice. The adoption of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) marked a transformative step towards acknowledging the rights of PWDs worldwide. However, despite international recognition, the realization of these rights remains inconsistent, particularly in developing countries like India, where socioeconomic challenges further hinder accessibility and inclusion. The objectives of the paper are to examine the national human rights frameworks concerning PWDs, to identify key barriers faced by PWDs in accessing their rights and propose solutions, to assess the challenges and opportunities for enforcing disability rights in India. The literature highlights that despite the CRPD’s widespread ratification, the enforcement of disability rights varies significantly across regions. In higher-income countries, more comprehensive systems support PWDs through inclusive education, healthcare, and employment. In contrast, in developing countries like India, the implementation is constrained by socio-economic factors, inadequate infrastructure, and limited awareness. Indian literature, in particular, discusses the advancements made through the Rights of Persons with Disabilities Act (2016) but emphasizes the need for greater enforcement and societal change to address pervasive stigma. The current paper focuses on several studies on human rights of persons with disabilities. To examine the aforementioned objectives, the necessary secondary data is collected from both published and unpublished sources. To improve the study, books, journals, and seminar papers, content analysis, newspapers, publications, and websites are used. The findings reveal that globally, countries with robust social protection systems exhibit better outcomes in securing disability rights. In India, despite progressive legal frameworks, PWDs face significant barriers in education, employment, and healthcare due to insufficient infrastructure, stigma, and poverty. Enforcement of rights is hindered by bureaucratic inefficiencies and resource constraints. The study suggests that governments should strengthen the enforcement of disability rights through legal reforms, capacity-building for public institutions, and targeted advocacy campaigns. In India, the focus should be on improving infrastructure accessibility, increasing public awareness, and ensuring stricter enforcement of legal protections.

PASAR TENAGA KERJA INKLUSIF DAN PEKERJAAN AFIRMATIF UNTUK PENYANDANG DISABILITAS

<p class="abstrak"><em>An inclusive labour market emphasizes equal opportunities and fair treatment for all individuals, including persons with disabilities, with the aim of optimizing the potential of the workforce, increasing innovation, productivity, and economic growth. In Indonesia, inclusive policies have been implemented through various laws and regulations that support the rights of persons with disabilities to obtain decent work. Nonetheless, challenges in the form of discrimination and lack of supporting infrastructure are still significant. Disabled people's organizations (DPOs) play an important role in economic empowerment through skills training and entrepreneurship. This training covers areas such as screen printing, electronics, computers and weaving, as well as social assistance for small businesses. The types of jobs available to people with disabilities include operators, customer service, telemarketing, teachers, and administration. Awareness and effective policies are needed to create a truly inclusive workplace in Indonesia. With sustained commitment from all parties, Indonesia can respect and protect the rights of persons with disabilities, ensure equal and fair access to employment opportunities, and harness their full potential for nation-building.</em></p>

Criminal Regulation of Illegal Use of Citizens’ Personal Information

With the rapid development of information technology, the collection, storage, and use of citizens’ personal information have become increasingly convenient. At the same time, the illegal use of personal information has become rampant, seriously threatening personal privacy rights and social order. This paper aims to systematically explore the criminal regulation of illegal use of citizens’ personal information. It first defines the concept and classification of personal information, then analyzes the specific forms of illegal use of personal information. Through a comparative study of relevant laws and regulations domestically and internationally, it reveals the effectiveness and deficiencies of current criminal regulations in protecting personal information. The research finds that although China has made progress in personal information protection legislation, there are still significant shortcomings in defining criminal liability, clarifying the application of laws, and enforcing regulations. Based on this, the paper proposes several recommendations to improve criminal regulation, including clarifying the constitutive elements of crimes, strengthening law enforcement, enhancing public awareness, and promoting international cooperation, with the aim of providing theoretical support and practical guidance for further improving China’s legal system for personal information protection.

Empowering Persons with Disabilities in Saudi Arabia: Strengthen Compliance with the International Convention on the Rights of Persons With Disabilities in Employment Opportunities from the Perspective of SDGS

Objective: This study is investigating the alignment of Saudi Arabia Law on the Rights of Persons with Disabilities (SLRPD) with international Convention on the Rights of Persons with Disabilities (CRPD) and Sustainable Development Goals (SDGs), focusing on empowering persons with disabilities in employment opportunities. Method: The study employs a comparative analysis approach, reviewing legal literature and international convention related to person with disability rights, and analyzing article10 from SLRPD with the article 27 from CRPD, and their effectiveness in achieving the SDGs, particularly on empowering persons with disabilities in employment opportunities. Results and Discussion: The research demonstrates that the integration of Article 10 of SLRPD with Article 27 of CRPD significantly improves Saudi Arabia's compliance with CRPD, particularly in employment. However, continuous evaluation of these frameworks is necessary to ensure their effectiveness and inclusivity. Research Implications: The findings inform dissension makers on the importance of aligning national laws with international standards to promote employment equality for persons with disabilities. The study also supports ongoing legal reforms to advance the goals of Saudi Arabian Vision 2030 and the SDGs. Originality/Value: This research provides original insights into the impact of the latest Saudi Arabia's legal frameworks on empowering persons with disabilities in employment, highlighting the Kingdom’s leadership in disability rights and its commitment to international standards.

Challenges and Opportunities in Implementing Disability Rights: Policy Evaluation and Access To Welfare For Persons With Disabilities

Persons with disabilities represent a diverse segment of society, facing unique challenges in accessing public services such as education, healthcare, and employment. In response, Indonesia ratified the Convention on the Rights of Persons with Disabilities (CRPD) through Law No. 19 of 2011, which serves to promote, protect, and ensure equal rights and fundamental freedoms for individuals with disabilities. This commitment led to the enactment of Law No. 8 of 2016, replacing an earlier, more compassionate framework with one emphasizing equality and the protection of rights for persons with disabilities. The law defines individuals with disabilities as those facing long-term physical, intellectual, mental, or sensory limitations and emphasizes the necessity of special protections to uphold their rights and prevent discrimination. The method used in this study is a normative legal research method. This study evaluates the effectiveness of disability rights protection policies in Indonesia, revealing significant challenges despite the legal framework established by Law No. 19 of 2011. Access to education, healthcare, and employment remains limited due to inadequate facilities, discriminatory practices, and social stigma. Effective solutions require strengthening the legal framework, increasing awareness, and involving the disability community in policy planning. Furthermore, robust monitoring and enforcement mechanisms are essential for safeguarding rights. To enhance protections, improved coordination among ministries, ongoing training for service providers, inclusive education practices, and recognition of employers who hire individuals with disabilities are critical. These measures are vital for fostering a more equitable society and ensuring the rights of persons with disabilities are upheld sustainably.

The Arab Woman In Israel In A Tight Spot: Academia And Career Versus Marriage And Family

This study concentrates on the impact that marriage has on the personal development of Israeli Arab women in the field of higher education and employment. These women are a minority within a minority as they belong to Israel’s Arab ethnic community but are also a gender-segregated minority within their patriarchal society. Whereas other studies touch on the overall struggle of Arab women to reach personal fulfillment despite intense family life, the focus of this study is specifically the marriage itself as a watershed in the young Arab Israeli woman’s life. To fully understand the challenges constructed by marriage, 25 Israeli Arab women were interviewed in-depth on a university campus. The findings indicate the negative effect that traditional marriage has on these women’s personal futures. The study concludes on the optimistic note that the interviews also revealed a deep awareness among young Arab women of their personal rights and liberties.

Violation of the rights of older adults in Ecuador

The rights, exonerations, and benefits of older persons are violated by not being applied or executed, being contemplated in the Constitution of the Republic of Ecuador. The objectives are to guarantee the full exercise and exercise of the fundamental rights of older persons, which, in addition to being enshrined in the Constitution, are included in international human rights instruments and related laws. It is important to energize the rights and benefits of older adults, through workshops, lectures, forums, reaching out to neighborhood leaders. The Constitution guarantees good living, and this vulnerable group is protected not only by national regulations, but also by international regulations, so that any type of action that violates their rights is eradicated. For this reason, it is intended that topics of studies be exposed, that promote awareness in society, so that they are active entities with knowledge in the legal framework in favor of the elderly, and thus they can truly have a dignified old age and with the full enjoyment and fulfillment of its benefits.

Model of Policy Network in Advocacy for the Formulation of Qanun Draft on Protection and Fulfillment of the Rights of People with Disabilities

This study aims to analyze the interaction and interdependence of policy networks, identify inhibiting and supporting factors, and formulate an effective policy network model in the formulation of the Qanun for the protection and fulfillment of the rights of persons with disabilities in North Aceh Regency. A qualitative approach was used in this study, with data collection methods including in-depth interviews, focus group discussions (FGD), observations, and document studies.The results of the study indicate that the interaction and interdependence among actors in the policy network in North Aceh Regency are still not optimal. The involved actors often work separately without adequate coordination, and differences in interests and priorities hinder the achievement of common goals. The main inhibiting factors include a lack of resources, differences in interests among actors, and low public awareness of the rights of persons with disabilities. On the other hand, supporting factors include the commitment of the local government, support from NGOs, and initiatives from the community of persons with disabilities.An effective policy network model includes enhancing coordination among actors, establishing regular communication forums, strengthening the capacity of involved actors, and active participation from the community of persons with disabilities. By implementing this model, it is expected that the formulation of the Qanun for the protection and fulfillment of the rights of persons with disabilities in North Aceh Regency can proceed more effectively and inclusively.

PERSONAL IDENTITY AND THE CHALLENGES OF ITS FULL PROTECTION: AN ESSAY IN THE CONTEXT OF THE EXPANSION OF PERSONALITY RIGHTS

This research aims to analyze aspects related to personal identity, especially regarding the conceptualization of this personality right and how it is understood, not only by doctrine, but also by legislation and case law in Brazil. The importance of the topic is due to the need to broaden the understanding of personal identity as a personality right and its repercussions on the full development of each individual, as well as its effective protection. In this sense, this study seeks to identify personal identity as an autonomous personality right, to analyze its protection through the study of legislation and case law, including foreign legislation, and to identify the possible and consequent threats to other personality rights in the face of a possible legal-protective deficit of personal identity. To this end, the study uses the hypothetical-deductive method, with bibliographical analysis as the main methodological procedure.

Securing privacy in the digital age: The quest for judicial protection of personal information

Personal information is a vital productive commodity in the digital economy, and its processing has seen unparalleled transformations in both breadth and depth. This article proposes to enhance the legal remedies for personal information rights in contemporary China. Research has revealed multiple practical challenges in China’s judicial practices, such as hesitance to prosecute owing to an absence of substantial legal foundation, improper distribution of the burden of proof, and inadequate integration of criminal-civil judicial safeguards for personal information. This paper advocates for China to elucidate the definition of personal information rights via legislation, enable the litigation of personal information infringement cases, and establish explicit criteria for their acceptance into judicial proceedings. Furthermore, China must develop an appropriate structure for distributing the burden of evidence. It must also use discretionary judgment to properly tackle the problems related to evaluating damages in instances of personal information violations.

FORMATION OF AN INCLUSIVE SOCIETY IN UZBEKISTAN: THE IMPORTANCE OF SOCIO-POLITICAL PROCESSES IN ENSURING THE INCLUSION OF PERSONS WITH DISABILITIES

This article explores the formation of an inclusive society in Uzbekistan, focusing on the socio-political processes that ensure the inclusion of persons with disabilities. It highlights the importance of legal frameworks, awareness-raising initiatives, employment opportunities, community engagement, and mechanisms for monitoring and evaluation. The article argues that a comprehensive approach is essential for promoting the rights of persons with disabilities and creating a more equitable society.

Theoretical Evidence and Rules of the Application of the Injunction for Personality Rights in Cyber Violence Cases

Theoretical Evidence and Rules of the Application of the Injunction for Personality Rights in Cyber Violence Cases

Research on the Civil Public Interest Litigation System for Personal Information Protection in China

At the level of legislative norms, Article 70 of the Personal Information Protection Law includes the infringement of personal information rights and interests of a certain scale and quantity into the scope of regulation, establish a special system for civil society to protect personal information, and endows personal information with corresponding civil public interest protection. Among them, according to the law content, civil public interest litigation prosecution subject by the people's procuratorate, part of the legal consumer organizations and the national net letter determine the organization, but only the procuratorial organ to determine the subject, the rest of the organization has not yet had a clear definition of standard and qualification scope, and between the prosecution subject priority has not yet specific provisions, the prosecution subject qualification and order is not clear, this must be clear and supplement the primary content. Second, the scope of litigation accepting cases fuzzy boundary, it comes down to the conditions of prosecution standard lack of unity, for the number of the victims of size and specific number interval not set the corresponding ladder standard, causing the condition of "many" specific connotation of meaning, so that the trial practice is difficult to present clear scope of accepting cases. In addition, personal information is characterized by a wide range of coverage, high difficulty in screening, and large individual differences in classification attributes. These unique attributes in judicial practice, how to accurately that personal information damage after the specific compensation amount become one of the problems need to be careful, how to ensure timely forensics, evidence collection, the whole process of legal behavior and ensure that the collected evidence has a strong force for another problem, and the plaintiff in the reality claims contain damages are often difficult to get real implement. Finally, for the jurisdiction of the case principle does not consider the particularity of public interest litigation, public interest litigation is a special form of litigation, plus personal information infringement in today's big data era in the background of the main media, more present a "more scattered" cross distribution pattern, cross-regional jurisdiction become "normalized" phenomenon, but the existing regional jurisdiction and level jurisdiction is not enough to achieve efficient target, running some cases will appear unreasonable. For the above problems, based on the reasons behind the mining phenomenon, based on the judicial practice and existing related cases, put forward the improvement of targeted Personal Information Protection in Civil Public Interest Litigation System, the main direction for the following content: first, clear prosecution subject qualification scope and build a clear standard, and based on the further sequence the priority between the subject. Second, we should explore the path to expand the scope of civil public interest litigation for personal information protection, and further clarify the identification standards of prosecution conditions. Third, clarify the basis for determining the amount of compensation, introduce the punitive compensation mechanism, and set up the applicable criteria of regional jurisdiction in line with the characteristics of civil public interest litigation of personal information protection. At the same time, improve the cooperation mechanism with relevant departments, effectively enhance the cooperation strength to help personal information protection.

PROTECTION OF PERSONALITY RIGHTS IN THE INFORMATION SOCIETY: CONTRIBUTIONS TO THE DEBATE ON THE CONSTRUCTION OF A REGULATORY LAW

This article addresses the need to construct an effective regulatory law for data protection in the Brazilian context. In this sense, the research problem that emerges consists of what new configuration do personality rights assume in the context of the information society and what are the main challenges that arise, in this scenario, for the construction of a regulatory law for data protection? In order to answer the proposed problem, a hypothesis arises that discusses to what extent the information society requires a careful look at the issue of the effectiveness of personality rights, to the extent that the classical reading of these rights – as embodied in articles 11 to 21 of the Brazilian Civil Code – has not been considered sufficient to face the challenges that this model of society presents for this topic. In this sense, it is understood that the information society requires an expansion of personality rights in view of the human and social complexity of this societal model, which challenges the law to construct a regulatory framework that considers this complexity. The general objective of this research is to analyze the main challenges that arise in the context of the information society for the effective protection of the new configuration that personality rights assume in this context and to assess the limits and possibilities of constructing a regulatory law that contemplates this complexity. The hypothetical-deductive method developed through the bibliographic-documentary research technique and the monographic procedure technique was used.

Stakeholders’ Perspectives on Rehabilitation Services in KwaZulu-Natal Province, South Africa: A Mixed-method Study

Background and Objectives: South Africa is committed to enhancing rehabilitation services by 2030 through the National Rehabilitation Policy and the United Nations Convention on the rights of persons with disabilities. However, limited research focuses on rehabilitation services in KwaZulu-Natal (KZN) Province, South Africa. This study aims to provide insights from stakeholders on rehabilitation services in KZN Province focused on infrastructure, referrals, human resources, and multidisciplinary practices. Methods: Using mixed methods, we conducted focus group discussions, interviews, and surveys involving 99 stakeholders, including rehabilitation practitioners, district and provincial managers, and social development representatives from eThekwini, AmaJuba, and King Cetshwayo in South Africa. Descriptive statistics and thematic analysis were used for quantitative and qualitative data. Results: Public institutions reported inadequate referral pathways (2.9 out of 5) compared to private institutions (3.4 out of 5). Acute rehabilitation referrals primarily targeted secondary or tertiary facilities. Disjointed pathways, a lack of protocols, delayed referrals due to various factors and insufficient staff were identified. Physiotherapists were disproportionally more prominent, while social workers, psychologists and bio-kineticists were scarce. Both public (93%) and private (73%) care exhibited high doctor-to-patient ratios. Rehabilitation service disciplines were limited and fragmented, especially in rural areas. Thirty-four respondents (81%) stated no designated rehabilitation services units in their respective institutions. Conclusion: Rehabilitation services, though present at all care levels in KZN, mostly begin at tertiary levels. Local-level rehabilitation is non-existent, with the public healthcare system relying on community rehabilitation workers. Referral pathways require standardization, especially at the local level. Enhancing primary healthcare’s rehabilitation focus by bolstering workforce recruitment can significantly improve multidisciplinary practices. Expanding intermediate care facility licenses can alleviate system strain on KZN’s public health sector.

Improving the rights of people with mental disorders in the Republic of Croatia

Abstract The mental health care system in the Republic of Croatia, despite the ongoing reform, is still based on hospital treatment. Hospitalizations due to mental disorders are in first place according to the length of stay. According to the annual report of the Ombudsman in the Republic of Croatia, 2% of hospitalizations due to mental disorders are involuntary hospitalization. Coercive measures and deprivation of business capacity are also often used. In order to reduce the number of coercive measures, involuntary hospitalizations and deprivation of professional capacity, it is necessary to increase mental health literacy and knowledge about human rights and the rights of persons with mental disorders, both among mental health experts and among patients and their families, as well as the general public. In order to increase knowledge and skills related to the rights of people with mental disorders, the Croatian Institute of Public Health, has been conducting WHO Quality Rights workshops in Croatian counties since 2019. The two-day workshops include all stakeholders: local politicians and decision-makers, associations of people with mental disorders and their families, employees in the mental health care system with the involvement of the media. So far, the training has been conducted in five major Croatian counties. The Quality Rights e-training platform has been translated into Croatian and the link to access the training is available online. In order to ensure the sustainability of the program and expand knowledge and skills, obtaining a certificate of completed Quality Right training became a requirement for passing the specialist exam in public health and in psychiatry. In five years of implementation of the program, the number of coercive measures in psychiatric hospitals decreased by 58%. Respect for human rights is a prerequisite for improving the mental health care system and the mental health. of both patients and the entire population. Key messages • Respect for human rights is necessary for the mental health of the population. • Knowledge and skills about the rights of patients with mental disorders reduce the rate of coercive measures.

Direito da pessoa imputada ao anonimato digital

Based on the need to expand, in the virtual age, the list of fundamental rights available to the accused person in the same proportion that procedural practices that use technological resources are extended to their disadvantage, the article proposes to answer the following question: would the accused person have the right to digital anonymity? Without disregarding the need for state intervention when used in the practice of criminal offences, the paper methodologically proposes an interdisciplinary bibliographical review to conceptualize anti-forensic techniques as important tools for protecting the right of the accused person not to produce digital evidence against them, highlighting anonymity as one of its most effective tools and defending the relevance of its legal protection in the cyber age.