Private Life Research Articles

Civil protection of a citizen's privacy after his death

Relevance. The article considers the peculiarities of civil protection of a person's private life after his death by other persons in accordance with Art. 152.2 of the Civil Code of the Russian Federation. The positions of legal scholars regarding the ambiguous phenomenon of «experience of law» with the inalienability of intangible benefits, when information about the private life of a deceased citizen is subject to posthumous protection, are analyzed. The established judicial practice was studied to resolve such claims for civil law remedies for the right to privacy of a deceased person, decisions of the Constitutional Court and clarifications of the Supreme Courts of the Russian Federation on issues related to the protection of the personal non-property law in question in civil proceedings.The purpose of the study is to supplement theoretical provisions deepening the civil law theory of posthumous protection of privacy, and to develop proposals to eliminate existing gaps in civil ¬ legal regulation in this area.Objectives: to analyze court decisions on claims for posthumous protection of private life, decisions of the Constitutional Court and decisions of the Supreme Courts of the Russian Federation, to identify shortcomings in the wording of Art. 152.2 of the Civil Code of the Russian Federation, as well as to update, taking into account scientific discussions, proposals regarding the sale of intangible benefits after death.Methodology. To achieve a theoretical and practical result, the author used scientific (analysis, synthesis, induction and deduction) and private scientific methods (formal-legal, system-analytical and formal-logical, method of analysis and generalization of judicial practice).The results of the study are determined by its theoretical and applied nature and contain the author's vision of improving the norms of the Civil Code of the Russian Federation in terms of posthumous protection of the right to privacy (changing the list of persons entitled to protect the interests of the deceased, legalizing the concept of «good memory of a deceased citizen»).Conclusion. Posthumous protection of privacy is delegated by the state to close relatives of the deceased person by virtue of public and personal interest. In connection with death, the legal personality of a person ceases, and those who protect the privacy of the deceased become the subjects of legal relations.

Constitutional legal limits to privacy protection

Relevance. The right to privacy, as one of the basic constitutional rights of man and citizen, is subject to protection in accordance with Art. 23, 24 of the Constitution of the Russian Federation. On the basis of constitutional justice and the scientific views of theorists, the content of the law in question is disclosed, problems of a legislative and terminological nature that affect its content and the establishment of limits of constitutional legal protection are described.The purpose of the study is to supplement theoretical provisions that contribute to the deepening of scientific knowledge about the protection of the constitutional right to privacy, its content and the limits of constitutional legal protection.Objectives: to analyze the practice of the Constitutional and Supreme Court of the Russian Federation in cases of protecting the right to privacy and the scientific positions of scientists regarding its concept; describe the state of constitutional and legal protection and the content of the right in question; identify legislative and terminological gaps impeding its proper protection; define the boundaries of constitutional legal protection.Methodology. The study was carried out using methods of analysis and synthesis, induction and deduction, documentary, formal-legal, system-analytical and formal-logical methods. The results of the study are formulated theoretical provisions characterizing the content of the right to privacy and the objective limits of its constitutional and legal protection.Conclusion. In the theory of constitutional law and the practice of the Constitutional Court of the Russian Federation, there is a change in the trend in the interpretation of the right to privacy from «negative» to «positive». It is transformed by supplementing the concept of private life with new types of information that make it up (the right to genetic inviolability, inviolability of personal data, secrecy when using reproductive technologies, etc.). A forecast is given on the modernization of the system of personal human rights with the recognition of an independent right to protect personal data.

Examining the Technostress Dimensions and Job Satisfaction in Nursing - A Cross-Sectional Study.

The healthcare system is increasingly being digitized. Besides expected benefits, the transformation can negatively affect nurses with increasing technostress. This study aimed to examine technostress among nurses and its association with job satisfaction. Cross-sectional survey data of 154 nurses working in acute hospitals in Switzerland was analyzed using Welch's ANOVA with the Games-Howell test and multiple linear regression model. Among the technostress dimensions, uncertainty was the most agreed upon by nurses, with a mean score of 2.21 (on a scale ranging from 0 to 4), and it differed significantly from other technostress dimensions. The multiple linear regression showed that the feeling of invasion of private life had the strongest negative association with job satisfaction (β = -0.34). Nurses experience constant changes or new developments in the technologies in their organization. Therefore, health organizations should carefully plan their digital transformation processes to minimize simultaneous technology implementations and allow adaptation time.

Changing workscapes and their encroachment on private life: Do Montreal women perceive them differently from men?

Paid work is increasingly distributed across multiple workplaces. In a representative survey of 1325 Montrealers, we associate each job with two workscapes (defined as the various places, including the home, from which work activities are conducted), one pre-COVID and one for July 2020. In doing so we extend the mainstream approach to urban economic geography – which has typically associated each job with a single workplace - and draw upon feminist economic geography to frame and interpret the analysis. Changes in workscape between February and July 2020 are examined. Women, who bear heavier household responsibilities, have tended to report more friction between paid work and private life: our results, however, indicate that Montreal women perceive less interference of workscape arrangements with private life than men do. This is unconnected with observed COVID-related changes in workscape. A possible explanation is that women have developed more capacity to cope with, or accept, the interference of paid work and private life. Gendered differences in perception may be exacerbated by the fact that men feel more pressure to maintain ‘ideal worker’ standards, which conflict with their growing aspiration to prioritize private life.

Harmonious environmental passion and voluntary pro-environmental behavior at home and at work: a moderated mediation model to examine the role of cultural femininity

AbstractEmployees’ pro-environmental behavior can contribute to reduce organizations environmental impact, improving organizational sustainability. The primary objective of this work is to highlight the mechanisms that stimulate employees’ voluntary pro-environmental behavior at work (Wpeb), paying attention to the role of harmonious environmental passion, private life voluntary pro-environmental behavior (PLpeb) and contextual factors as national culture. The model was analysed empirically by collecting data from 331 Kazakhstani and Ecuadorian bank employees. Covariance-based structural equation modelling (CB_SEM) is used to test the proposed relationships. Our findings demonstrate that harmonious environmental passion is positively related to Wpeb, and this relationship is mediated by PLpeb. In addition, the results show that cultural femininity strengthens the direct effects of harmonious environmental passion on PLpeb and Wpeb. These findings will help managers to promote such pro-environmental behaviors at work in different cultural contexts through the implementation of various practices inducing the atmosphere that stimulates the development of environmental passion.

Psychological Dimensions in Sayed Qutb's Novel 'Ashwak' (Thorns)

This study examines the novel "Thorns" by Sayed Qutb, published in 1947, as a personal narrative reflecting a real experience that Sayed lived in his private life, particularly focusing on the emotional dimensions stemming from this experience. The study investigates the significance of the title, which faithfully reflects the text, the events of the novel and its structure in light of psychological methodology, the nature of the characters and their internal conflicts, the psychological trajectory of the protagonist and the heroine, the structure of place and time, analysis of artistic elements, and the artistic methods and techniques that often reveal a refined narrative sensibility and a complete awareness of the creative process.

Come West, Young Woman: Jane Smiley’s Trailing Wives

ABSTRACT Jane Smiley’s regional novels offer more than the contemplation of an American landscape, enhanced by the labor of settlers and farmers. Instead, her novels critique both the hidden politics of settlement as well as the destructive legacy of “family” farms. In The All-True Travels and Adventures of Lidie Newton and Private Life, the acquisition of a wife is essential to a man’s Western quest. However, Smiley portrays these wives less as passive victims than as accomplices to their husbands’ misdeeds, holding them responsible for the consequences of their union. Smiley’s wives may ultimately achieve an awareness of their choices and their roles in history, but it is a pyrrhic achievement as they realize they cannot make amends for the harm their marriages caused others. This essay examines how The All-True Travels and Adventures of Lidie Newton and Private Life build on A Thousand Acres, forming Smiley’s critique of the foundational American myths of Western settlement. While her novels may fall within the literary traditions of domestic realism, Smiley’s female protagonists are more aware of the privilege embedded within their landscape and homes, fully acknowledging the harm their marriages caused others, deliberately revealing the ideologies entwined in marriage vows.

Laws related to use of Drone in India - A Critical Analysis

There has been tremendous development in India where unmanned aerial vehicles (UAVs), also known as drones, have been applied in various industries, mainly because of the advancement in technology & increased employment opportunities in respectively agriculture, defence, healthcare, e-commerce etc. This spike in drones in the use has set the need to develop and update the legal systems so that people can get safe, private and secure in the country. With the advancements in technology renewed legal framework guiding drone utility are shaped to keep pace with technological advancements and their implications. This paper critically assesses the existing laws in India as they pertain to the operations with drones. It delves into their broadness and implications, with a particular focus on their effectiveness in tackling the multifaceted issues raised by drone technology. It covers CAR (Civil Aviation Requirements) guidelines which DGCA (Directorate General of Civil Aviation) published for speaking about violation of operational restrictions, document requirement and for directional zones. The paper examines the problem in relation to tractability, safety, and national security regarding the drone usage that reveals the main nuances in the law-making and executive mechanisms against the drone operation. Taking a critical look closely, the paper is meant to parse the effectiveness of current regulations in tackling technological developments in a balanced way of ensuring people’s security and private life. Along with this, it has emerged with the proposition of some regulations to be made to the current regulatory framework, which is the plan towards a robust, flexible, and more comprehensive governance of drone technology in India

Protection of biometric private life under the European Convention on Human Rights and the law of armed conflict

By definition, biometrics consists of sensitive data about the individual. Therefore, the State must ensure a higher degree of safeguarding measures in all phases of handling such data. This article argues that data-subjects whose biometrics are gathered for identification are protected through the right to biometric private life under international human rights law at all times. Furthermore, the law of armed conflict also contains relevant provisions. The European Convention on Human Rights provides detailed rules for the protection of biometric private life, subject to limitations and possibly derogations. This protection covers the whole data life cycle of collection, retention and disclosure of biometrics. Two points are of importance here when assessing what is permissible: (1) The original purpose for which biometric data collection was initiated remains decisive. (2) The use of special measures such as limitations or derogations, does not permit States to annihilate the protection of a person’s biometric private life. The right to biometric private life remains protected during armed conflict, because international human rights law and the law of armed conflict re-enforce each other. Therefore, armed forces must: (1) define in detail for what purpose biometric data is collected, retained and disclosed, and (2) maintain strict adherence to the originally intended usage of the biometric data and refrain from any divergence therefrom. This article argues that the legal framework under international human rights law in general and the European Convention on Human Rights in particular, is sufficiently flexible to balance the interests of the rights holder with those of the State or the community at large. Nevertheless, this flexibility makes it harder to predict the outcomes of a legal assessment, and a case-by-case approach must therefore be expected.

Influence analysis of environmental factors on the subjective well-being of office workers in Japan: A structural equation modeling approach

The built environment is believed to have a considerable influence on the well-being of individuals. However, very few studies have been conducted to clarify the influence structure on the well-being of occupants in office spaces. There is a need to assess the influence of environmental factors at work and quality of life on well-being. We conducted an online survey in three metropolitan areas of Japan to investigate the influence structure on the subjective well-being (SWB). The survey items included questions on SWB, employment, office environment, private life, and community, personal attributes, and spatial attributes of the offices where they work. It was hypothesized that the influence structure can be explained using a higher-order factor analysis model, wherein “quality of work,” " quality of private life,” and " quality of community” serve as the top factors. Consequently, a structural equation model with a high level of goodness of fit was developed (CFI = 0.908 and RMSEA = 0.044). Improving “quality of work” had a significant impact as a key factor in promoting SWB in this model. The importance of “job satisfaction,” “fulfillment of office environment,” and “work engagement” in the assessment of work quality was further clarified. The multi-group analysis demonstrated the impact of variations in personal and spatial attributes on the influence structure. For example, office environments with basic quality and adjustability were found to be more critical for enhancing SWB of environmentally sensitive workers. Future surveys with diverse sample groups are required to validate the model in this study.

Psychosocial and emotional management of work experience in palliative care nurses: A qualitative exploration.

Palliative care, a crucial aspect of healthcare, faces challenges in psychosocial and emotional management among nurses. With an increasing need for palliative services globally, addressing the emotional well-being of nurses becomes pivotal. To explore nurses' psychosocial and emotional work experiences in a palliative care department. The focus is on understanding the challenges, identifying coping strategies, and assessing the impact on professional and private life when facing those experiences. A phenomenologic-hermeneutical study involving semi-structured interviews was conducted to comprehend the lived experiences of ten nurses working in a hospital's palliative care department in Spain. Hermeneutic analysis was employed to extract patterns and insights from their experiences. The COREQ checklist was used to report this study. Palliative care nurses perceived insufficient preparation in emotional management, grappling with complex family interactions and unique work dynamics. They highlighted the significance of self-protection strategies, experience, clinical sessions, and external resources. Limited training in emotional resilience and challenges posed by the COVID-19 pandemic emerged as organisational barriers. Nurses expressed a desire for enhanced training and resources. The study uncovered a deficiency in the emotional preparedness of palliative care nurses, impacting their professional and personal lives. Despite positive aspects, the emotional toll necessitates attention and intervention. Comprehensive emotional training for palliative care nurses, addressing barriers, providing resources, and acknowledging emotional labour is necessary. Reinstating paused training sessions and considering specific challenges like those posed by the pandemic are vital. Supporting nurses in their professional and private lives is crucial for sustaining quality care in palliative care departments.

O-181 It takes more than genes to build a family

Abstract Sperm donation has been known to mankind possibly for a very long time, although first medical reports come from the late 18th century. Initially, most inseminations in married couples were homologous, involving the husband’s semen. The first publicized breakthrough that came in 1884 would today be considered unethical, as an anesthetized woman was subjected to an injection of semen from a handsome (as duly reported) student of medicine, without any consent of both her and her spouse. The veil of secrecy that covered heterologous insemination was finally lifted when Dr Mary Barton openly acknowledged the practice in her clinic and published the first manual on “artificial insemination.” It set the ethical standards for such procedures—including mutual anonymity of donors and recipients and maintaining absolute secrecy of the fact of donor insemination—for decades to come. The cost was of course the lost identity of the conceived children and the often reported emotional detachment of the fathers from their social, but not genetical, offspring. The grave consequences of the limited pool of donors were yet to be discovered with the advent of DNA testing. In the UK, Barton’s husband and another collaborator were confirmed to father at least 100 children each. In the Netherlands, the country was shaken by the case of Jan Karbaat who used the sperm of an anonymous donor—who probably should not have even passed psychological screening—to bring more than 200 babies to the world. Suddenly, lots of adults learnt of the existence of their never expected siblings. Concomitantly, more and more parents revealed the fact of donor conception to their children motivated by openness. The secrets could not be held any longer and Joanna Rose was the first British woman that won a court case in 2002 against her own country that was wilfully breaking her right to respect for private and family life guaranteed by European Convention on Human Rights. The proponents of open donation found support also in Convention on the Rights of the Child. More and more countries started enforcing either open or at least double-track donation from then on. However, even more legislations blissfully ignore these ethical developments and maintain complete anonymity of the donor insemination procedures. This is where my personal story begins, as a father of twins born in 2012 from in vitro fertilization thanks to the semen of an anonymous donor. At that time, Poland even did not have an actual law on fertility treatment. The ART centres adopted their own policies on anonymous donation and signed contracts with their patients on a case by case basis. The legal status in my country was further cemented with the long overdue adoption in 2015 of Act on Fertility Treatment that forbids non-anonymous donation and even excludes the prospective parents from the decision process on the choice of the donor. The burden of partially lost identity of my kids will be with me possibly my entire life. But I don’t want it to cast a shadow on our family relations. We have to deal with my non-genetic fatherhood one way or another. We maintain our family ties in full knowledge of the fact of the existence of some unnamed benefactor that made this possible. Maybe one day my children will find some unsuspected genetic relatives via increasingly popular public DNA banks if they choose so, thus sticking together parts of their identity. Only time will tell.

Deportation and human rights: the right to respect for private life in MK (Albania) v Minister for Justice and Equality

The sovereign power to control the entry and residence of persons in the state, and the corollary power to deport, has long been considered to be a defining feature of statehood. State discretion as to who may remain within the national border is, however, tempered by international and regional human rights obligations, as well as domestic constitutional principles. In this context, it is well established that a deportation will violate Article 8 of the European Convention on Human Rights (ECHR) if it constitutes a disproportionate interference with family and/or private life in the host country.

Professional opportunities, gender obstacles, and narrowed progression: The case of the first Social Science Research Council female fellows (1925-1934).

Between the years 1925 and 1934, the Social Science Research Council (SSRC) awarded 198 postdoctoral research fellowships to early-career social scientists, among which 29 were awarded to women. This article, which is based on the SSRC directory and Rockefeller institutions' records, examines the professional paths of these female fellows to shed light on the presence of women in the social sciences and to probe the peculiarities of their professional trajectories. The SSRC fellowships represented a significant professional prospect for brilliant young female graduates who were often denied similar opportunities in other fields. Nonetheless, they did not eradicate all gender discrimination that remained prevalent, not only in the vertical sense by preventing women from progressing in the academic hierarchy, but also in the horizontal sense by retaining them in designated spaces (specific disciplines or institutions) that were underrecognized. Ultimately, the analysis of women's professional paths underscores the importance of examining the private or intimate lives of scientists to gain a more in-depth understanding of the social structure of science and its impact on its protagonists.

COPYING AND STORING OF ELECTRONIC COMMUNICATION IDENTIFYING DATA AS ELECTRONIC EVEDENCE THE STORAGE PROBLEM IN THE GEORGIAN CRIMINAL JUSTICE PROCESS – IN RELATION TO ARTICLE 8 OF THE EUROPEAN CONVENTION

The current standard of criminal procedural law of Georgia, along with the danger of illegally copying information obtained from electronic means of communication, envisages collecting such information in the hands of a professionally interested body, which is naturally a big challenge for criminal procedural law. The reason for this is the important fact that the information obtained by the investigation in this way is used as electronic evidence during the substantive consideration of the case in court. Accordingly, the case concerns information that the court must rely on in making a decision “beyond a reasonable doubt standard”. Thus, when deciding the fate of the accused, it is especially important that there are no doubts regarding the legality, truthfulness and inviolability of such evidence. The above-mentioned is particularly noteworthy in the circumstances when the above-mentioned approach, according to European human rights jurisprudence, is incompatible with the right to respect for private life protected by Article 8 of the European Convention.

Marriage without Love, Love outside Marriage: A Woman in the Eighteenth-century Noble Family

This article refers to a set of documents revealing the relations within the noble family of the Ural industrialist A. F. Turchaninov and one of his daughters, Natalia Koltovskaya, in the eighteenth century. The author considers general problems of the private life of people of a privileged Russian class, namely, marital relations, possibilities, and conditions of dissolution of marriage, the position of women in the family and their rights, and the attitude to extramarital affairs in secular society. The article examines the reasons for the emergence and development of a provincial woman’s sense of independence and inner freedom, the origins of her rebellion against patriarchal family structures, for the right to decide for herself, and the extent to which such manifestations of “freedom” could be considered typical of Russia at that time, or whether they should be considered an exception to the general norm of behaviour. The story of N. A. Koltovskaya’s escape from her family, her relations with Emperor Paul I and Senator G. R. Derzhavin, shows the conformism of the supreme power, which manifested itself, on the one hand, in the awareness of the latter of the importance of its role in protecting the family and the moral foundations of the upper class, and, on the other hand, in the possibility of the upper class to take advantage of the opportunities offered by the situation and, if necessary, of circumventing the existing rules of law, of influencing government bodies (the Senate) in one’s own interests and, in general, in the interference of the supreme power in the family life of its subjects. The appendix to the article contains four documents: two “women’s” letters – one from the mother to Catherine II and the other from the daughter to Paul I, as well as letters from her lover (translated from French) and her husband.

TECHNICAL MEANS IN CRIMINAL PROCEEDINGS (PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS)

The article examines the judicial legal positions of the European Court of Human Rights (hereinafter — ECHR) on the issue of the use of technical means in criminal proceedings. The rulings of the ECHR on the issues of application of video-conferencing, wiretapping technologies, biometric systems and polygraph are analyzed. It is necessary to ensure the effective participation of the accused in the course of the trial, the possibility of presenting evidence and confidential communication with the defense lawyer when using videoconferencing. The ECHR also insists that there is sufficient legal regulation and safeguards against abuse in the use of special technical means for collecting information on private life and surveillance technologies. The polygraph has no special evidentiary value for the ECHR, but its results can be used along with other evidence. The position of the ECHR that the use of technical means and innovations in criminal proceedings is on the whole positive and contributes to the efficiency of justice is summarized. However, in this case the guarantees of a fair trial must be observed and the violation of the privacy of participants in legal proceedings is inadmissible. Measures to improve the Russian legislation are proposed, taking into account the judicial legal positions of the ECHR on the issues under consideration regarding the use of technical means in criminal proceedings, and the importance of achieving a balance between respect for the rights and freedoms of the individual and the need to use technical means for the effective investigation of crimes is emphasized.

Work, private, self – towards an integrative framework of accountability: the case of low-status expatriates in precarious employment

Felt accountability, the perceived expectation that one’s decisions and actions will be evaluated and rewarded or sanctioned, is a key driver of human behaviour and impacts work-related outcomes such as unethical behaviour and job satisfaction. The COVID-19 pandemic has shown the importance of low-status expatriates (LSEs), a vulnerable and neglected group, which is often employed under challenging working conditions in low-status occupations. In this paper, we explore how LSEs experience and manage accountabilities in their often-precarious working lives. We draw on 36 qualitative interviews with LSEs employed in Germany. The data were analysed using a directed content analysis method. Our findings highlight that while LSEs feel less accountable towards stakeholders within their organisation, they experience accountabilities from multiple stakeholders outside their organisation. We demonstrate that while LSEs consider work-related accountabilities, their key accountabilities are rooted in individuals’ private lives and can lead to higher degrees of accountability intensity. This study provides unique insights into the importance of private life accountabilities and how these intersect with accountabilities at work. We offer a revised framework of accountability that includes private life as an important dimension to enhance its applicability to LSEs.

El don de la siesta by Miguel Ángel Hernández: Private Resistance in the Age of Transparency

Agamben’s idea that the clandestine dimension of private life is the significant political element of individual life pairs with Miguel Ángel Hernández’s thesis expressed in El don de la siesta. According to him, in the era of transparency and hyper-visibility, siesta should be a subversive act. Hernández argues that siesta challenges the culture of productivity and constant exposure, offering a refuge for privacy and opening a pause in ordinary time. Through a multidisciplinary approach encompassing art, literature, and social criticism, the author advocates for a conscious type of siesta to reclaim time, body, and private space in an increasingly surveilled world. He sees this habit as an opportunity to redefine the relationship between public and private life, finding moments of evasion and disconnection amidst the frenetic contemporary life.

Current status of the surgical training system in Japan: results of a nationwide questionnaire survey of graduating surgical trainees.

To identify the problems trainees face during surgical training in Japan. A nationwide online questionnaire survey was conducted targeting newly certified surgical trainees. The response rate was 53.8% (758/1410). Among those respondents, 25.6% were women, 71.4% were either married or had a partner, 41.3% had children, 72.7% had performed over 200 surgeries under general anesthesia, and 54.1% had chosen, before graduating from medical school, to become a surgeon. While 88.8% were interested in learning surgical techniques, 63.8% were hesitant to become a surgeon for fear of a compromised quality of private life (QOL). Conversely, only 1.4% chose their surgical training programs based on QOL. Overall, 84.6% of the trainees were satisfied with their training and this correlated with the number of surgeries performed. Only 29.9% received non-technical skill training. The average number of night shifts per month was 5.6, and 10.6% worked over 80h per week. Harassment was reported by 41.5% of the respondents. Moreover, 33.0% had considered dropping out at some time, primarily because of their QOL (51.1%) or the harassment they had encountered (50.4%). This survey revealed that while trainees were satisfied with the overall training system, issues such as long working hours and harassment are prevalent. Working to improve these issues could make surgery more attractive for young trainees.