Protection Of Individual Rights Research Articles

An International Assessment on Research on Neuroethics

Neuroethics is an essential partner to neuroscience. It is a guiding hand that indicates the moral and ethical flaws in neuroscience research. Currently, there is one outstanding problem that arises from the advancements in neuroscience research: the ethical aspect. There are flaws in the protection of individual rights to privacy during research projects and procedures. To combat these issues, it is imperative that there be an international framework that is developed to prevent the breach of privacy while still advancing our knowledge on this topic. After identifying what the overlapping goals are for countries on this topic, it is necessary to combine them and eventually create an international guideline. To achieve this goal, I will be collecting research papers that describe the work being done on neuroethics and how that has increased or decreased in the last five years. This data will be analyzed to identify the increase/decrease in knowledge and publications on this topic. There are many implications for any neurological implantation, and neuroethics is a path to help solve any issues that arise.

Summary procedure and presumption of innocence: implications in the Ecuadorian judicial system through a SWOT analysis

The text addresses the expedited procedure in the Ecuadorian judicial system, focusing on its implications for the presumption of innocence and other fundamental rights of the accused. It emphasizes that, while the expedited procedure streamlines the judicial process and reduces the workload of the courts, it also poses significant risks. These include potential violations of the right against self-incrimination, rushed decisions by the accused due to pressures or lack of resources for a full defense, and public perception of transparency shortcomings in agreements. The importance of the presumption of innocence, enshrined in the Ecuadorian Constitution and international treaties, is discussed to ensure a fair process that respects the rights of all involved. Reforms are suggested to balance judicial system efficiency with the protection of individual rights, highlighting the need for continuous training for judicial operators and rigorous oversight of agreements under the expedited procedure.

Pencatatan Perkawinan Beda Agama Menurut Hukum Positif Indonesia

Marriage registration plays a central role in the legal system and government administration to record and protect individual rights while managing marital status within a society. This research delves into the significance and impact of marriage registration in the context of civil law and public administration. Through the analysis of marriage regulations, registration procedures, and their legal implications, this study identifies the role of marriage registration in acknowledging the rights and obligations of spouses, as well as protecting the interests of children. The research also explores the evolution of marriage registration in response to social and technological changes, along with its implications for accessibility and data security. The research findings highlight the importance of efficiency and transparency in the marriage registration process to ensure the protection of individual rights and provide a strong foundation for law enforcement. Further understanding of the role of marriage registration can serve as a basis for improving marriage administration systems and supporting policy reforms that promote justice and legal security.

From Development of the Foundations of Sovereign Democracy Towards the Paradigm of a Unified System of Public Power: Milestones of Scientific Creativity of Valerian A. Lebedev (to the Anniversary of the Scholar)

The review article is dedicated to one of the landmark events for the entire legal world and the community of constitutional law scholars: the anniversary of Doctor of Law, Professor Valerian A. Lebedev, Honored Scientist of the Russian Federation, Honored Lawyer of the Russian Federation, Honorary Worker of Higher Professional Education of the Russian Federation. Prof. Valerian A. Lebedev started his work during a difficult period of reforms initiated for the development of Russian statehood, a change in the paradigm of constitutional law development and a radical restructuring of the basic principles of ensuring and protecting fundamental rights and freedoms of the man and citizen. The paper highlights the main milestones of Prof. Valerian A. Lebedev’s scientific work related to the study of the problems of genuine democracy and sovereignty of the people, the priority of development in compliance with the Constitution of the Russian Federation and substantiation of the concept of sovereign democracy, functioning on the constitutional mechanism for the protection of individual rights, ensuring the principle of political pluralism, building a unified system of public power and a unified legislative system of the country, implementation of the constitutional reform. The paper highlights critically important role of Prof. Valerian A. Lebedev and his scientific creativity for the transitional and modern path of development of the national statehood, comprehensive, acute, problematic nature of his works, the unique scientific foresight of the scholar, who not only foresaw the constitutional reform, but also revealed its key concepts-novels, pitfalls and prospects for improving specific constitutional law institutions. The possibility of studying modern and past research works by Prof. A. Lebedev is presented as a special value for the modern science of constitutional law, since their subject of research covers the key concepts and categories of the theory of Russian constitutionalism, correct understanding of which depends on the possibility of effective implementation of the constitutional principles of the existence of the state and society.

Old Rules to Fix New Problems: Counterterrorism, Refugees and Withdrawal of Nationality

Abstract The international legal regimes for refugees and for statelessness have much in common. Both aim at mitigating an absence of State protection of individual rights, while the treaties central to each are related in substance, structure and seek to balance similar concerns. Another similarity is more recent: both face challenges amidst new concerns and new law in the area of counterterrorism. The last two decades have seen a sharp increase in international rules on counterterrorism, the impact of which can also be seen in immigration law and administrative powers. That impact is conditioned by how ‘terrorism’ itself is defined, and Section 2 of this article will highlight some consequences of domestic approaches and why the capacity of international law to impose limits on domestic definitions is often overstated. Section 3 will consider the interaction between counterterrorism law and refugee law, arguing that current difficulties arise not from the substance of the rules but from practical, resource-based challenges. Section 4 will consider legal and practical questions raised by recent practice in withdrawing nationality due to suspected involvement in terrorism, a measure applied to both dual nationals and to those at risk of statelessness. This article will argue that the new threats and responses thereto do pose important practical challenges requiring further attention and resources. But that does not mean that new substantive law is required: the ‘old rules’ adequately balance security concerns with the protection of individual rights, and are more than adequate to meet contemporary challenges.

Regulation of Real-Name Registration Requirements on Chinese Social Media Platforms and Its Impact on Freedom of Expression

This discussion examines the role of real-name registration on social media platforms in China and its impact on public perceptions, user behavior, and online communities. Real-name registration policies and procedures, compliance and enforcement mechanisms, and user self-censorship are explored. Factors influencing acceptance or resistance towards real-name registration are examined, as well as the impact on online communities and public discourse. The analysis highlights the diverse public opinions on real-name registration and the potential implications for freedom of expression and privacy. Balancing security concerns with the protection of individual rights is crucial in shaping responsible and inclusive online environments.

EU STANDARDS FOR PROTECTING THE RIGHT TO PRIVACY IN THE AREA OF CYBERSECURITY

The subject of the analysis undertaken in the article is the legislative acquis of the European Union setting standards for the protection of the right to privacy in the area of cybersecurity. The author points out that the source of the legislative activity of the European Union in this area is the conviction about the need to create legal solutions that would meet the challenges related to the development of modern technology in the area of IT services provided on a global scale via the Internet. The most general legal framework is the guarantee of the right to privacy, which has been developed by the international community along with the development of a universal and regional (European) system of human rights protection. Therefore, the EU standards for the protection of the right to privacy in cyberspace are determined by the provisions of the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. Against the background of these conventions, acts of secondary law of the European Union, which set out detailed instruments for the protection of individual rights, should be considered. These include, in particular, the General Data Protection Regulation (GDPR) and other acts specifying the security of data flow. The acquis of the European Union is a point of reference for national human rights protection systems. In Poland, it is designated by the provisions of the Constitution of 1997.

Verification in the Issuing State of Evidence Obtained on the Basis of the European Investigation Order

The aim of this article is to address the issue of the ex­tent of incorporation and verification of evidence for purpose of the criminal trial as the evidence base for the judgement, namely the evidence that is obtained on the basis of the Euro­pean Investigation Order, including the evidence obtained in various forms that may raise doubts in terms of the protection of individual rights. The authors would like to focus on the analysis from the perspective of the Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 on the European Investigation Order in criminal matters and Polish legislation, and consider what kind of possibilities the issuing state’s authorities have to verify admissibility of evidence, especially the way in which the evidence is obtained when it has not been produced upon request but only delivered since it has already been in possession of the executing state’s authorities.

Implementation of the Law of the People’s Republic of China «On Higher Education» in China: Achievements, Problems and Solutions

The Law of the People’s Republic of China «On Higher Education» is the main regulatory act in the field of higher education in China. It was adopted in 1999, had a significant impact on the education sector as a whole, and made it possible to solve a number of key problems at that time.The paper analyzes the relevant data on the achievements of the implementation of the Law of the People’s Republic of China «On Higher Education» for a period of more than 20 years since its entry into force. The quality of staff training has steadily improved; the efficiency, scale and structure of higher education have achieved significant success. The law effectively guaranteed the right of citizens to receive higher education, gradually rationalized the internal and external management structures of higher education institutions. The causes of fundamental problems are also disclosed. The author proposes ways to improve the current legislation and ways to solve emerging problems. For example, it is suggested creating a more scientific and effective assessment and control system in order to strengthen the role of the academic council of universities; improving channels for resolving academic disputes, expanding the categories of disputes between professors and universities, subject to courts; ways of disclosing information on the assessment of the level of higher education; accelerated deep integration of modern information technologies and teaching in the field of education, etc.The Law of the People’s Republic of China «On Higher Education» gives clearer answers to a number of important issues of the development of higher education, such as the relationship between the state (government) and universities, the autonomy of universities and the internal management system of universities. However, taking into account the rapid development of society, its democratization and the growing interest in the mechanisms of protection of individual rights, the institute of higher education in China, largely built on the basis of the analyzed normative act, is hardly able to continue to fulfill its role in the conditions of modern times.

Administrative Responsibility for Violence in Sibling Relationships

Violence between children, including between siblings, is considered as a separate form of family (domestic) violence. The problematic nature of this illegal phenomenon is substantiated based on analysis and generalization of the results of scientific research by Russian and foreign scientists, including sociological and other data obtained by them. The aim of the work is to study and determine the degree of public and scientific recognition of the problem of violence between siblings in principal in legal and other aspects, to consider the existence of a basis according to which it is possible to identify it as a separate form of family (domestic) violence in order to improve the organization of the activities of crime prevention bodies. The Author applied a dialectical approach to the scientific cognition of social relations associated with the commission of acts of violence between siblings, the method of analysis and generalization of the results of scientific research. The results of the study were the confirmation of the hypothesis about the existence of the facts of committing violence between siblings abroad and in Russia and the demanded need to recognize it as a separate form of domestic violence, as well as the suggestion of an expanded understanding of the object of state-legal protection of individual rights from domestic (family) violence depending on the type of persons attempting to commit it. Not only parents (cohabitants) and other legal representatives of minors act as subjects of family and domestic relations, but also older children who commit acts of violence against younger brothers and sisters. The proposed understanding of the object of administrative and other offences committed in the sphere of family and domestic relations will allow the bodies of law violation prevention to improve the organization of their own activities in the field of protection of the rights and legitimate interests of minors.

Legality without Liberalism: The Rule of Law and the Environmental Emergency

The rule of law is often said to be a liberal ideal, intrinsically associated with the enlightenment and, being necessary for each, supplying the link between liberalism and constitutionalism. In this paper, that idea is challenged. The rule of law, even in its most “formal” conception embraced by Lon Fuller, cannot be severed from an account of law which is thoroughly infused with moral purpose and value. The specific values which inform this principle are often portrayed as confined to action guidance, restraint of state power, and the protection of individual rights. Framed as such, the rule of law often conflicts with the moral and political obligation of political authority to preserve the conditions necessary for the community to survive and flourish. An alternative conception of the rule of law, rooted in the classical legal tradition, sees no conflict here and can thus provide the intellectual framework needed to explain how inaction on behalf of public authority can be as much of a threat to the rule of law as abusive action. With this in mind, the duty upon the state to respond to threats such as climate change or the COVID-19 pandemic is itself best understood as one arising from the requirements of legality. Analysis of state action or inaction in the face of such threats must thus begin with this duty in mind as a constitutive aspect of the rule of law. The threats posed by the environmental emergency are best viewed by reference to the communal underpinnings of the rule of law. The liberal desire to frame all moral issues in the language of individual rights should therefore be resisted. The framework of an individual right to a liveable climate may be the best way for liberal constitutionalism to frame the climate crises, but it is by no means the only way. Indeed, it is a manifestly impoverished attempt to concretise what can only be understood as a threat to the common good itself, grounded within the needs of the global community as a whole.

Turning the moral compass towards transformative research ethics: An inflection point for humanised pedagogy in higher education

Ethical guidance in research is underpinned by the need to show respect for study participants by upholding autonomy in participant decision-making, and confidentiality and protection of individual rights, privacy and interests, yet decision-making could also be influenced by the participant’s sociocultural and belief systems. This calls for a more Africanised approach to research ethics where these values and beliefs are upheld. While national and international ethics guidelines do exist, there is little evidence that such a paradigm shift in research ethics is adequately interrogated in the teaching and learning curricula in higher education, where research skills are developed and nurtured. Critical reflection is used to highlight opportunities to stimulate learning and debates underpinned by humanised pedagogy in higher education.

Simplified forms of trial proceeding of administrative cases in the legislation of European countries

The article is devoted to the analysis of the experience of the countries of the European Union for the implementation of differentiation of the procedural form of consideration and resolution of public-legal disputes by simplifying it - withdrawal of unnecessary, complicated, and ineffective elements. The study of this issue is conditioned by the activation of European integration processes in Ukraine, which requires taking into account the achievements of European countries in administrative litigation to improve the legislative basis of the functioning of administrative courts in Ukraine.
 It has been established that the introduction, along with the general procedure of judicial proceedings, that is, ordinary, simplified proceedings, is a trend long supported by the countries of the European region, which is aimed at increasing the effectiveness of the implementation of the right to access to justice and a fair trial, which was repeatedly emphasized by the Committee of Ministers of the Council of Europe in its Recommendations to member states.
 The legislation of European states (Germany, Georgia, Lithuania, Latvia, Poland, Austria, Estonia) was studied, which regulates the administrative court’s procedural activity to simplify the consideration and resolution of cases. The main criteria and reasons for applying simplified court proceedings and resolving public-legal disputes were considered. It was clarified: who has the right to initiate a case in a simplified manner, whether the participants’ opinion is taken into account, and what are the powers of the court when deciding this issue. Similar features were identified in the studied foreign legislation on simplifying administrative litigation.
 A comparative analysis of the European legislation with the provisions of the Ukrainian administrative-procedural legislation was carried out, and the provisions that would be appropriate to be introduced into the national legislation in order to improve the simplified legal proceedings and increase the level of effectiveness of judicial protection of individual rights in the field of public-legal relations were highlighted.
 It was concluded that simplified procedures for the trial investigation of administrative cases take an important place in the legislation of the countries of the European Union, which indicates the importance of procedures for optimizing the judicial process.

Constitutional theory and the limits to the punitive power: the Italian case of prisoners’ right to judicial protection

The growing attention of the Italian Constitutional Court and the European Court of human rights for the judicial protection of prisoners’ rights has placed the prison problem at the centre of the theoretical debate on penalty, after it has always been relegated to an administrative problem. The article, starting from the analysis of the complex hermeneutical operation carried out by the Courts, proposes a theory of the relationship between punitive power and the individual based on a new balance between the opposite paradigms of social defence and the protection of individual rights. Initially this balance was identified by the Courts in the theory of re-education, interpreted reductively as a doctrine of humanization of the punitive power. In more recent years, in response to the re-emergence of neoliberal retributive doctrines, this approach has been integrated with an articulated constitutional theory which invokes the constitutional fundamental rights of the individual as a limit to the punitive power. What emerges is a constitutional theory of punitive power that attempts, partially succeeding, to resolve some theoretical limits of liberal utilitarianism.

SURVEILLANCE TECHNOLOGY: BALANCING SECURITY AND PRIVACY IN THE DIGITAL AGE

This paper explores the benefits, challenges, and future implications of surveillance technology. It highlights how surveillance technology enhances security measures, improves public safety, optimizes resource allocation, and aids in emergency response and disaster management. However, concerns related to privacy invasion, potential abuse, discrimination, and lack of transparency and accountability need to be addressed. The essay emphasizes the importance of legislative measures, public awareness, technological safeguards, and collaborative efforts to strike a balance between the advantages of surveillance technology and the protection of individual rights. It also considers the global variations in surveillance practices, cultural and societal implications, and the challenges of cross-border data sharing. The conclusion emphasizes the need to navigate the future of surveillance technology responsibly by considering ethical guidelines and implications for individual privacy and social structures. KEYWORDS: Surveillance; Digital Age; Data Privacy; Technological Safeguards;

Qualification of digital crimes against person: problematic issues

Subject of the research is the norms of the criminal law establishing responsibility for crimes against the person, as well as explanations reflected in the Resolutions of the Plenum of the Supreme Court of the Russian Federation No. 58 of December 24, 2019, No. 46 of December 25, 2018, No. 16 of December 04, 2014.
 Purpose of the research is to improve the criminal law and law enforcement practice in terms of the qualification of new ways of committing traditional crimes against the person (murder, kidnapping, human trafficking, depraved acts, violations of the inviolability of the home), as well as socially dangerous acts, responsibility for which is not directly enshrined in the criminal law, but having the ability to harm human rights and personal freedoms in the conditions of digitalization (deepfakes, stalking, cyberbullying).
 Methods and objects of research: one of the methods used was the formal logical approach to the cognition of legal phenomena; also, the methods used were methods of analogy, generalization, differentiation, comparative-legal and formal-legal methods of research of public relations in the field of protection of individual rights and freedoms.
 Main results of research: is proposals have been formulated for the qualification of actions aimed at harming the individual through the use of modern technologies, as well as for improving the norms of the current criminal law and the provisions of the Resolutions of the Plenum of the Supreme Court of the Russian Federation in terms can influence the criminal legal assessment of the act in the conditions of criminal use of digital technologies against the individual.

INSIGHTQUEST FROM DATA

Data mining is the process of discovering useful patterns and insights from large datasets, using statistical and machine learning techniques. It involves extracting knowledge from data and transforming it into an understandable structure for further use. Data mining algorithms can be used to analyze various types of data such as text, images, and videos, and can be applied to various domains such as finance, healthcare, and marketing. Data mining has many practical applications, such as customer segmentation, fraud detection, predictive modeling, and recommendation systems. It has become an important tool for businesses and organizations to gain insights from their data and make data-driven decisions. However, it also raises concerns about privacy, data protection, and ethics, as it involves handling large amounts of sensitive data. Therefore, ethical and responsible use of data mining techniques is crucial to ensure the protection of individual rights and the preservation of social values.

جنس میں تبدیلی اور اس کے فسخِ نکاح پر اثرات

This research paper examines the complex issue of gender change and its implications on Nikah, the Islamic marriage contract. By analyzing Islamic legal sources, scholarly opinions, and contemporary discussions, the study explores the challenges and considerations arising from individuals undergoing gender transition and their desire to enter into or maintain a Nikah. The research examines different schools of thought within Islamic jurisprudence and their varying interpretations on the permissibility and validity of marriages involving individuals who have undergone gender reassignment. It delves into the fundamental principles of Nikah, such as the importance of consent, compatibility, and the preservation of legal rights and responsibilities. Furthermore, the paper explores the ethical and social dimensions surrounding gender transition within an Islamic framework, addressing questions related to identity, biological sex, and the concept of "gender at birth." The study also investigates the perspectives and experiences of Muslim communities and religious authorities on this matter, considering the need for compassion, inclusivity, and the protection of individual rights. Additionally, the paper examines the potential legal and societal implications of recognizing gender change within the context of Nikah, including inheritance rights, family law, and the overall functioning of Islamic marital institutions. The findings of this research shed light on the complexities surrounding gender change and its impact on Nikah, providing a comprehensive understanding of the diverse perspectives within Islamic discourse. The research contributes to the ongoing discussions on gender, identity, and marriage in contemporary Muslim societies, emphasizing the need for compassionate and informed approaches to address the unique challenges posed by gender transition within an Islamic legal and ethical framework.

Mainstreaming Justice in the Establishment of Laws and Regulations Process: Comparing Case in Indonesia, Malaysia, and Australia

This paper compares the cases of Indonesia, Malaysia, and Australia to examine how these countries incorporate principles of justice in the establishment of laws and regulations. It explores the significance of mainstreaming justice in lawmaking, emphasizing equitable representation, fair access to justice, and human rights considerations. The analysis highlights the legal frameworks and institutional structures in each country. In Indonesia, the role of the Constitutional Court and stakeholder involvement in the legislative process are examined. Malaysia's constitutional framework and efforts to address ethnic and religious diversity, as well as the role of judicial review, are discussed. Australia's common law system emphasizes parliamentary scrutiny, public consultations, and protection of individual rights through the High Court and parliamentary committees. This study provides insights into the diverse approaches and challenges faced by these countries in mainstreaming justice in their lawmaking processes. It contributes to understanding how justice can be effectively integrated into laws and regulations, offering valuable insights for policymakers and legal practitioners seeking to promote justice in legislative contexts.

State-centric proportionality analysis in Chinese administrative litigation

Abstract This article examines the application of proportionality in Chinese administrative litigation over the last two decades and argues that courts in administrative litigation that serve the party-state and tend to uphold state/collective interest have altered proportionality to be state-centric. It finds that the courts invoked proportionality in a negligible portion of all administrative litigation judgments and had inadequate emphases on protecting individual rights. Proportionality has not appreciably assisted the courts in enhancing their oversight of governmental power and protection of individual rights. This article suggests that this is attributable to the restricted function of administrative litigation in China’s party-state governance structure and owing to the country’s long-held belief that public interest takes precedence over individual rights. Administrative litigation, which China’s ruling party employs to resolve principal–agent issues, is seriously constrained. The courts are expected to review the formal legality of executive actions, but not their substance. Informed by the Chinese human rights belief, which favors collectivism over individualism, the courts are skewed toward public interest in the balancing analysis when applying proportionality.