Protection Of Rights Research Articles

The institute for the seizure of property and the guarantee of the inviolability of the right to property: some aspects

The article is devoted to the study of the institution of property seizure in criminal proceedings in Ukraine and its impact on the guarantees of the inviolability of property rights. I analyse the current legislation, in particular the provisions of the Constitution of Ukraine, the Criminal Procedure Code of Ukraine (hereinafter – «the CPC of Ukraine»), as well as the international standards of protection of property rights established by the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights (hereinafter – «the ECHR», «the Court»). The article emphasises the importance of maintaining a balance between the public interest and the rights of the owner, and also discusses the key issues relating to the application of property confiscation. One of the most problematic aspects is the optional participation of the property owner in court proceedings related to the seizure of property, which contradicts the principles of adversarial proceedings, access to justice and proportionality of interference with property rights. The author draws attention to the lack of a clear definition of the concept of «restriction of property rights» in the CPC of Ukraine, as well as in doctrinal sources, and the absence of a mechanism to ensure effective protection of the rights of persons whose property is seized. This creates conditions for potential abuse by law enforcement agencies and violates the rights of property owners to peaceful enjoyment of their property. Particular attention is paid to the analysis of ECHR case law, which requires that any interference with property rights must be provided for by law, be in the public interest and ensure a fair balance between the interests of society and the individual. In particular, these aspects will be considered in the light of the ECHR’s position in Brumarescu v. Romania, Sporrong and Lennroth v. Sweden, and others, which establish that the imposition of an ‘excessive burden’ on the owner of property is contrary to the principle of proportionality.

Voices from the Margins: Understanding the Educational Journey of Transgender Students in India

Transgender students in India face various challenges in the education system due to social bias, exclusion, and neglect of their rights. Even with the NALSA judgment of 2014 and the Transgender Persons (Protection of Rights) Act, of 2019, the actual situation is rife with prejudice, invisibility, and poor enforcement of non-discriminatory policies. Following are some of the barriers that are exacerbated by intersectionality factors including; caste, class, and region, which affect transgender learners particularly those in marginalized groups. This review aims to understand the nature of the education of the transgender population in India and to synthesize qualitative data and analyses of policies and practices to illustrate how they navigate identity, inclusion, and opportunity in educational contexts. The study reveals the structural factors that hinder them including lack of gender-inclusive facilities, harassment, and lack of support structures. At the same time, it points out specific opportunities for educational institutions, policymakers, and communities to help make a change. The article also looks at the global trends in implementing inclusive education. It provides practical suggestions for the Indian context like curriculum changes to include gender equity, provision of gender-neutral facilities, anti-discriminatory measures, partnerships with NGOs, and other Advocacy Organizations. Through focusing on these concerns, this review calls for immediate action that will enable transgender students to have equal access and success in a non-discriminatory education system.

Understand and Find a Mechanism to Enhance the Power of App-based Food Delivery Riders in Thailand

Background and Objectives: To explore new possibilities for finding spaces that can support the opportunity for dialogue and exchange among food delivery workers on digital platforms, which will strengthen their collective efforts to demand rights for the group, instead of establishing a union that is not recognized by law. This is because food delivery workers are currently controlled by digital technology rather than working in traditional physical workplaces. In the case of Thailand, food delivery workers are not classified as employees with social protection rights and do not have the legal right to form a union or demand rights under labour laws. As a result, their voices are ignored, and they lack bargaining power to demand better working conditions. Methods: The study employed a method of reviewing relevant academic documents, gathering data on the environment related to app-based food delivery workers, and synthesizing this information to explore the possibilities based on the actual conditions experienced by individuals in this occupation. Results: Although digital platforms disrupt the working conditions of food delivery workers, they can also serve as new public spaces for fostering community and advocacy. These online spaces enable workers to share experiences, discuss challenges, and collectively push for better working conditions and labour rights. By facilitating open dialogue and mutual support, these platforms can strengthen their collective voice, empowering workers to advocate for changes in their work environment. Application of this study: Food delivery workers can increase their bargaining power for labour rights by utilizing online spaces, as these can be free spaces from hierarchical legal structures. This can lead to demands arising from the consensus of the food delivery workers in the online system, empowering their collective voice to negotiate and protect their labour rights with authorities. Conclusions: Establishing an online platform as a communicative space for food delivery riders is crucial for addressing the challenges they face, particularly their lack of bargaining power. This digital public space will serve as a vital forum for riders to share experiences, discuss common issues, and collectively determine goals, thereby fostering a sense of community and solidarity. By facilitating open dialogue and mutual understanding, such a platform empowers riders to advocate for improved working conditions and more labour rights. Ultimately, this participatory mechanism not only enhances their ability to negotiate with agencies but also strengthens their collective voice, promoting a sustainable and supportive work environment.

La responsabilidad por el incumplimiento de las obligaciones en materia civil

This study addresses regulatory issues related to liability derived from civil obligations. Many people, including jurists, confuse the nature of the liability derived from civil obligations and limit themselves to considering that civil liability is only enforceable when there is a prior legal relationship, restricting the right to claim what the law itself has provided. The clarification of such points, both in the doctrinal and legal technical order, allows a practice appropriate to the needs of the protection of rights. The Civil Code in Ecuador is quite outdated compared to other legal regulations of the State itself, due to its lack of updating. Academics, lawyers and jurists in general demand its modernization, not only because of the institutions and terms it uses but because it is no longer consistent with the needs of society. Civil liability derived from contracts, or caused by events that cause harm to another, for crimes and quasi-delicts are topics of special relevance in this investigation and their understanding will allow the reader to clarify essential elements that are of special importance for legal operators. and for people in general.

Administrative legislation in the sphere of public control in the judicial system of Ukraine

The article analyzes the norms of the current legislation of Ukraine on administrative and legal regulation of the sphere of public control over the activities of judicial authorities. The peculiarities of ensuring the system of information openness and transparency of the activity of courts and judges for the public through the proper implementation of the multifaceted and multidirectional functionality of public control on issues of accessibility to public information and general organizational aspects of the practical implementation of the constitutional right of citizens to appeal are disclosed. The place of key subjects of public control is outlined, including public associations and media representatives, who play a decisive role in the field of monitoring the public sphere, detecting abuses by officials, promoting the implementation and protection of rights and freedoms, and the legitimate interests of citizens. The principles of state policy in the field of formation of civil society institutions are defined, where the main principles include: the establishment of civil society as a guarantee of the democratic development of the state; strengthening of interaction between public authorities and citizens’ associations, introduction of public control over government activities; ensuring the independent activity of citizens’ associations; creation of conditions for ensuring the representation of citizens’ interests in representative authorities; holding consultations with the public on important issues of the life of society, participation of the people in making socially important decisions. The importance of informational openness of public administration is argued, which is the key to establishing stable, fruitful and trusting cooperation of the population with representatives of the judicial system. Ensuring access to public information and guaranteeing the implementation of citizens’ appeal mechanisms is of key importance. In this way, opportunities are provided to participate in the management of state and public affairs, to influence the improvement of the work of authorities, to defend their rights and legitimate interests and to restore them in case of violation.

Locating Digital Constitutionalism in India and South Asia- Preliminary Enquiry

As India completes its 75th anniversary of being a republic in 2025, exploring and enquiring whether digital constitutionalism is required in today’s digital realm becomes necessary. Constitutionalism is an inner trait of our Constitution, and when we adopted and enacted it, it became the heart and soul of it. The author argues in this paper the need for digital constitutionalism for India as our Constitution, drafted in 1950 and has been amended more than 100 times ensured the protection of rights and liberties in the physical world; ensuring democracy; restraining governments despotism and has been hailed as among the best working Constitution by many scholars around the world; will it work the same way it was envisioned in the digital age. The constitution as a grund norm must be interpreted according to current societal standards and in the digital age, it becomes important we look for digital constitutionalism. As digital technologies advance, so do the challenges and threats to our fundamental rights. India has the largest written Constitution in the world, and the question to be asked whether current constitutionalism can protect the digital rights and well-being of citizens or not in the coming decades. This necessitates a new paradigm: digital constitutionalism. The anthology which the author intends to answer in this paper is virtual era poses more threats to fundamental rights and their violations; South Asian constitutions must embrace digital constitutionalism. There always is the need for Constitutionalism as the working of the Constitution, the way it adapts to future challenges would depend upon the thoughtful persistence of the people whose lives it regulates but what would happen when we are living in the digital world and do not embrace the very idea of it? Will the present constitutionalism work or does it need transformation? In this paper, the author looks for answers which support the idea of having digital constitutionalism for India which can ensure digital democracy not only in India but in South Asia as well and which can be a new constitutional moment.

Peran Undang-Undang Dasar 1945 dalam Menjamin Hak Asasi Manusia di Indonesia

The 1945 Constitution (UUD 1945) has a very iportant fundamental role in the legal and political system in Indonesia, especially in ensuring the fulfillment of Human Rights (HAM) for the people in Indonesia. As the country's highest constitution, the 1945 Constitution not only determines the structure and powers of the state, but also regulates the protection of the rights of individuals and groups of citizens or society. Since the amendments to the 1945 Constitution from 1999 to 2002, the substance of human rights has increasingly been strengthened and regulations have been tightened, with an emphasis on civil, political, economic, social and cultural rights. In this article I aim to examine how the 1945 Constitution functions as a legal instrument to guarantee the protection of human rights in Indonesia. This research uses a normative approach by analyzing articles in the 1945 Constitution which are directly or indirectly related to human rights, as well as assessing their implementation in practice. The results of the analysis show that although the 1945 Constitution provides a strong legal foundation for the protection of human rights, many challenges still arise in its implementation and enforcement, especially those related to the gap between legal norms and the reality on the ground. Apart from that, the role of state institutions such as the Constitutional Court (MK), Komnas HAM, and the judicial system is very crucial in ensuring the fulfillment of citizens' basic rights. In conclusion, the 1945 Constitution has great potential to guarantee Human Rights in Indonesia, but ongoing efforts are needed to overcome various obstacles and problems in its implementation practice.

Protection of the employee’s right to life in the field of labor at the state (legislative) level

The article is devoted to the problem of protecting the right to life of employees in the labor sphere at the state level, which is one of the key aspects of ensuring human rights in modern society. The right to life, enshrined in international instruments such as the Universal Declaration of Human Rights and the European Social Charter, and guaranteed by the Constitution of Ukraine, requires effective implementation, especially in the labor sphere, where employees face potential threats every day. The main attention in the article is paid to the analysis of legal mechanisms for protecting the right to life of employees, the effectiveness of state (legislative) protection for compliance with labor protection standards and the problems that arise in this area. The author emphasizes that in order to ensure the implementation and protection of human and civil rights and freedoms, the Constitution and legislation of Ukraine provide for the possibility of citizens taking certain actions, as well as the formation of a system of state bodies, the purpose of which is to assist citizens in the implementation and protection of their rights. Attention is paid to the theoretical aspects of the “category of state protection”, which is quite complex and dynamic in its structure, since it combines a considerable subject composition and numerous legal instruments, and also provides for various forms of interaction in the process of implementing directly protective and security activities. Separately, it is established that the substantive content of the term “state protection” is inextricably linked with such a category as the legal (social) policy of the state, since it is the political course that determines the direction of protection carried out at the state level, as well as its basic and fundamental foundations. The author emphasizes the need to distinguish three forms of state protection of the right to life of employees in the labor sphere: legislative, executive and jurisdictional (judicial). In addition, within these forms, it is proposed to determine the so-called “limits of legal influence”, which include public regulation and regulatory ordering. The article emphasizes that the objective prerequisite for legislative activity is a stable social need for a regulatory act, on the basis of which legal regulation of relations in the labor sphere and effective and unhindered use of rights within such legal relations is carried out. The study is aimed at developing a comprehensive approach to protecting the right to life of employees, which is of great importance for the legal system and social policy of Ukraine. It is concluded that the protection of the right to life in the labor sphere is an important task of the state, which requires a comprehensive approach, including legislative regulation, effective control, training of employees and modernization of production processes.

Peran Hukum dalam Mendorong Pembangunan Ekonomi dan Menjamin Kesejahteraan Masyarakat : Perspektif Indonesia

This article examines the important role of law in promoting economic development and ensuring the well-being of people in Indonesia. It analyzes the legal framework that governs economic activities, focusing on principles and regulations that facilitate economic growth, protect rights, and promote social justice. This article explores the evolution of Indonesia's legal system in response to economic challenges and opportunities, highlighting key laws and policies that have shaped the nation's economic landscape. This includes an analysis of the constitutional foundations of Indonesia's economic system, with a special emphasis on Article 33 of the 1945 Constitution, which mandates a "people's economy" based on the principles of kinship, cooperative ownership, and state control over vital resources. Furthermore, this article discusses the challenges and prospects of using the law as a tool to achieve sustainable and inclusive economic development. It emphasizes the importance of legal certainty, regulatory efficiency, and the protection of public interests in fostering a conducive investment climate and promoting equitable economic growth. The article also discusses the role of law in addressing important issues such as environmental protection, labor rights, and consumer protection, highlighting the linkages between economic development and social welfare. By examining Indonesia's experience, this article contributes to a deeper understanding of the complex relationship between law and economic development in the context of developing countries.

Legislative regulation of the exercise of property rights

The article investigates the issue of the need for proper legislative regulation of property rights. It highlights certain important aspects in this area to enable the state to implement effective mechanisms for the protection of property rights, as well as to ensure the rights and legitimate interests of owners. Relevant provisions of the Constitution of Ukraine, the Civil Code, and the Commercial Code, which regulate legal relations in this sphere, have been analyzed. At the same time, it is concluded that various aspects of property rights relations require constant improvement in order to effectively guarantee the rights and legitimate interests of owners. The article also presents the legal positions of the Constitutional Court of Ukraine, which are significant for understanding the content and essence of property and other real rights relations, the scope of constitutional guarantees of property rights, and more. In particular, the Constitutional Court of Ukraine proceeds from the premise that the primary duty of the state in the sphere of property relations is to ensure the protection of the rights of all subjects of property rights. One of the mechanisms for ensuring such protection is legislative regulation. The state, fulfilling its primary duty to affirm and secure human rights and freedoms and supporting the effectiveness of the principle of the rule of law, must not only refrain from applying excessive means of interference with property rights and other bona fide possessions but also take appropriate measures to ensure that everyone under its jurisdiction can freely and at their discretion exercise such rights. As a general rule, property rights are exercised freely. However, under certain conditions, the activities of an owner may be restricted or terminated, or the owner may be obliged to allow others to use the property, but only in cases and procedures established by law. At the same time, according to the Constitution of Ukraine, the legal positions of the Constitutional Court, the Convention for the Protection of Human Rights and Fundamental Freedoms, and the case law of the European Court of Human Rights, property rights are not absolute and may be subject to certain restrictions. For instance, Article 64 of the Constitution of Ukraine allows for specific restrictions on fundamental rights and freedoms exclusively in cases regulated by the Constitution, particularly during a state of war or emergency, with the specification of the duration of such restrictions. However, any interference with property rights must undoubtedly be based on law, pursue a legitimate aim, and be proportionate.

Problematic aspects of legal regulation of credit agreements in Ukraine

The article discusses problematic aspects of the legal regulation of credit agreements in Ukraine, which are an important element of the stability of the financial system. The shortcomings of the legal framework are highlighted, including the insufficient protection of consumer rights in credit services, the lack of transparency in lending terms, and the absence of integration into international standards. Attention is drawn to gaps in the regulation of various types of credit: consumer, banking, commercial, state, tax, and international credit. The legal framework is analyzed, including the Law of Ukraine «On Consumer Lending», with its deficiencies identified, such as the lack of clarity regarding consumer lending conditions by non-banking institutions. The authors note that many consumers face hidden fees and fines that contradict national legislation. Particular attention is paid to international standards, such as the principles of the UN General Assembly Resolution on Consumer Protection, as well as the experience of foreign countries in implementing innovative forms of lending (P2P lending) and creditworthiness assessment systems (CIBIL). The need for creating conditions for integrating these practices into Ukraine is emphasized to improve the accessibility of credit services. Implementing such mechanisms would reduce the financial burden on consumers and promote the establishment of transparent and clear rules of interaction between creditors and borrowers. The article also proposes ways to integrate international experience into the national legal system to strengthen the protection of the rights of all participants in credit relationships. The authors propose improving Ukrainian legislation by developing a unified legal act that would regulate all types of credit, ensure the transparency of contract terms, and protect the rights of all parties involved in credit relationships. It is concluded that the integration of international standards and simplifying access to credit services will reduce financial risks, foster the development of the financial system, and improve the efficiency of the credit system in Ukraine.

Database: legal nature under Ukrainian and EU law

The article considers certain problematic aspects of the legal regime of databases under Ukrainian and EU law. It has been established that the Law of Ukraine “On Copyright and Related Rights” pays sufficient attention to the legal regulation of relations related to the acquisition, exercise and protection of rights to databases. It has been proven that databases as an object require more thorough and systematic legislative regulation by adopting a separate legislative act, which should comprehensively determine the legal regime of databases. It has been substantiated that the characteristics of a database include: it is a collection of works, data or any other information; these works, data and/or information are contained in an arbitrary form; systematization of works, data, information, or their arrangement; the presence of a special search system to ensure access to works, data, information (which may function including, but not exclusively on the basis of electronic means); it is a predominantly digital object. The influence of modern technologies on the transformation of the form of existence of a database as an object is proven (there has been a gradual evolution of the database from a paper to an electronic form of existence, moreover, the electronic form has almost completely replaced the «paper» database). It is substantiated that due to the development of technologies and innovations, the opportunities of both authors and users of the digital environment have expanded, who have received new ways of using digital content, which can also be contained in databases (which are usually in electronic form). It is established that it is necessary to distinguish between the rights to a database as an object and the rights to objects that are part of the database as its constituent parts. It is established that the legal protection of a non-original database through the mechanism of a special kind of right is aimed at protecting the database as a certain digital object, which can also be used by the person who created it, as well as by other persons (users), who, in order to acquire the status of a legal user, must obtain permission to use it from the person who created such a database. It is substantiated that the norm that databases created to systematize data that is public information in accordance with the Law of Ukraine «On Access to Public Information» are not subject to a special kind of right (sui generis) requires specification, since it is unclear what legal regime applies to the specified databases, who owns the rights to the databases and how to exercise them. It is proved that a special law on databases should regulate the features of the exercise and protection of rights to databases in the digital environment, which is especially relevant in the conditions of the rapid development of technologies and innovations.

The Role of Advocates in Handling Divorce Cases When the Plaintiff Is Not Present at The Decision Hearing

In the context of family law, the presence of a competent advocate is essential to represent and protect the interests of the plaintiff. The advocate serves as the legal representative in court and ensures that the entire legal process runs smoothly and fairly even in the absence of the plaintiff. The advocate's duties consist of attending the judgment hearing, recording the contents of the judgment, communicating the result to the plaintiff and providing legal advice regarding the next steps to be taken including the filing of an appeal. Not only does this involve aspects of legal representation, but also the management of communication between the plaintiff and the court and the preparation of relevant documents. The results show that the role of advocates is essential in the legal process, providing certainty and protection of rights for plaintiffs and ensuring a fair and transparent legal process.

SPECIFIC FEATURES OF THE RENEWAL OF PROCESS IN CIVIL AND ADMINISTRATIVE PROCEEDINGS

Court decisions are acts of justice and protection of human rights, which, once they have entered into force, must be complied with by all persons, institutions, organizations and public authorities. However, in order to maximize the protection of personal rights and minimize possible errors in court procedural decisions, the legislation regulating court proceedings provides for a number of forms of verification of the legality and reasonableness of court procedural decisions. In applying the renewal of process, as an exceptional stage of court proceedings, it is important to ensure the protection of legal stability, legal certainty, the protection of the rights and fundamental freedoms of persons acquired by final judgments, and the stability of the substantive legal relations established. Convention for the Protection of Human Rights and Fundamental Freedoms the right to a fair trial, guaranteed by Article 6(1) of the Convention, emphasizes one of the essential elements of the principle of the rule of law: the principle of legal certainty, which implies respect for the principle of res judicata (the court's having finally settled the matter, i.e. the prohibition of an identical action). This principle requires that, once the courts have finally settled a dispute, their decision must not be called into question, thus ensuring the stability of relations. The grounds for reopening proceedings as an exceptional stage must therefore be applied informally and in accordance with the principle of legal certainty, so that reopening of proceedings is possible only for the correction of fundamental errors in important and compelling circumstances. The article presents and discusses on the institute of reopening of proceedings in civil and administrative court's proceedings from a comparative perspective, the main procedural peculiarities of this type of issues in different jurisdiction courts, and draws certain conclusions on the main topics of the renewal of process in both civil and administrative cases. A comparison of the procedural laws governing civil and administrative proceedings and the case-law developing them shows that the essential provisions of the institute of reopening of proceedings make this stage of the proceedings exceptional and optional. The definiteness and clarity of the legal regulation guarantee that this stage of the proceedings complies with the provisions of the Convention on the guarantee of the right to a fair trial.

Peran Sarikat Pekerja dan Organisasi Profesi dalam Pengembangan Sumber Daya Manusia

Workers associations and professional organizations have a strategic role in the development of human resources (HR). This study uses a literature study approach to identify the definitions, basic principles, and contributions of worker associations and professional organizations to the improvement of human resource quality. The findings show that these two entities are oriented towards the protection of rights, competency development, and improvement of members' welfare. With the principle of solidarity and collectivity, the workers' union focuses on the protection of the workforce through policy advocacy, while professional organizations play a role in the development of professional competencies and standardization. Both complement each other in forming competent and prosperous human resources, as well as strengthening the competitiveness of individuals and institutions.

IMPACT OF LEGISLATIVE CHANGES ON THE FINANCING OF JUDICIAL ACTIVITIES IN UKRAINE

Judicial activity in Ukraine involves the examination and resolution of contentious issues related to the protection of rights, restoration of violated rights, cessation of rights violations, and application of legal influence measures. All these require appropriate resources, not just informational but also financial and material. The levels of funding depend on the judicial authority financing programs and state budget projects. In other words, changes in legislation will directly affect the volumes and timelines of funding for judicial activities. Conducting an in-depth analysis of scientific and practical literature, our goal was to identify and assess the level of impact of the latest legislative changes on the funding volumes for judicial activities in Ukraine. The object of the study is judicial activity in Ukraine. We believe that the assessment of legislative changes requires the involvement of relevant experts in law and beyond. Therefore, with the help of experts and the applied structuring technique, the weight of the impact of certain legislative changes on the amount of funding for judicial activity in Ukraine is ranked.However, determining which impact is most significant is just one of the outcomes. Additionally, measures for the judicial system's response/adaptation to the most significant changes were proposed. The limitations of the study relate to the fact that the legislative changes identified in the work are not constant and stable. In the future, there will be new changes requiring a new approach to evaluation and response.

The Legal Concept of Joint Property of Mixed Marriage in the International Civil Law System from the Perspective of Legal Justice

Mixed marriage between Indonesian citizens and foreign citizens has become an increasingly common phenomenon due to rapid globalization and increasing tourist visits to Indonesia. One of the main issues is regarding the arrangement of joint property, which is influenced by the various legal systems of each couple's home country. This study aims to analyze the perspective of legal justice in the reform of joint property arrangements in mixed marriages. The research method uses a normative legal approach, with data collection through relevant literature reviews and in-depth interviews. The data was systematically analyzed and tested for validity using the triangulation method to ensure validity. The results of the study show that differences in legal systems between countries create significant challenges for couples in managing, owning, and dividing joint property. Inequality and discrimination are common, especially in cross-border property ownership, which can be detrimental to one party. To overcome this challenge, harmonization of international civil law is needed through the application of the principles of universal justice and inclusive legal reform. In addition, the development of marriage agreements that are responsive to globalization can be a solution to provide better legal protection, reduce uncertainty, and ensure that the rights of couples are met fairly. This study recommends legal reforms that prioritize the principles of justice and the protection of rights in mixed marriages, in order to create a legal system that is more responsive to the dynamics of globalization.

Administrative adversarial procedures in national trademark cases – legislative challenges

The provisions of the Act - Industrial Property Law in respect to trademarks provide for proceedings regarding opposition to a trademark application, as well as proceedings for invalidation of the protection right. The aim of this study is to analyze selected regulations of the above-mentioned proceedings compared to the procedures in force before European Union Intellectual Property Office (EUIPO, and in particular showing the shortcomings of the procedures before the Polish Office. Such shortcomings include the separation of the application proceedings from the opposition proceedings, different treatment of these proceedings by the legislator, e.g. in terms of hearings, regulations on requesting proof of use of the mark that is the basis for the opposition.

Assessing the Impact of Islamic Teachings on the Rights and Welfare of Muslim Women: A Policy and Social Justice Perspective

Research Problem: The rights and responsibilities of women in Islam have often been misunderstood, particularly in the international context. Predominant narratives from Western societies frequently depict Muslim women as oppressed and lacking gender equality. This study investigates a fundamental question: has Islamic teaching contributed to the social welfare of Muslim women by granting them equitable rights and responsibilities? Research Purposes: This research aims to evaluate how Islamic teachings have influenced the social and economic well-being of Muslim women, emphasizing their rights and responsibilities. It also explores the role of religion-based policies in promoting social justice for Muslim women. Research Methods: An exploratory, inductive, and analytical approach was employed to examine Islamic teachings using primary sources, including the Qur'an and Sunnah, alongside case studies of policies and social practices affecting Muslim women’s rights. A life-cycle approach was adopted to provide a holistic view of women’s status at various stages of their lives. Results and Discussion: Findings indicate that Islam has granted significant rights and freedoms to Muslim women, such as access to education, employment, and legal protection—rights they did not enjoy prior to the revelation of the Qur'an. However, the implementation of these rights in policy and practice continues to face challenges, including social stigma and varying interpretations of religious laws. Islamic principles emphasizing social justice have demonstrably contributed to the improved welfare of Muslim women in public policy contexts. Research Implications and Contributions: This study contributes to academic discourse by exploring the intersection of religious teachings and social justice. It opens avenues for further research into how religion-based policies can be adapted to support women’s rights. These findings are particularly relevant for policymakers, activists, and scholars working on gender equality and social justice in religious contexts.

Protection of the Right of the Child to Lineage and Application of Alternative Care Mechanisms by the Members of the Organisation of Islamic Cooperation

INTRODUCTION. According to the 1993 Vienna Declaration and Programme of Action, during the international cooperation in the field of protection and promotion of human rights, national and regional particularities and various historical, cultural and religious backgrounds of States should be taken into account. The international law acts adopted under the auspices of the Organisation of Islamic Cooperation (OIC, Organisation) enshrine the connection between protection and promotion of the rights of the child and the preservation of social systems of the Members of the Organisation. The present article aims to discover the effect of historical, cultural and religious backgrounds of OIC Members underlying “the right of the child to lineage”, as enshrined in the decisions of the Organisation, on the international protection of the rights of the child and application of mechanisms of alternative care for children deprived of family environment by these States.MATERIALS AND METHODS. The article applies the system and comparative method to universal international legal acts, decisions of the OIC and national legislation of its Members. It focuses on legal measures taken by OIC Members aiming at protection of the right of the child to lineage and providing alternative care to children deprived of family environment. The research traces the impact of these measures on interpretation and application of the universal human rights norms.RESEARCH RESULTS. Islamic law provides for protection of lineage which is defined as a permanent legal relationship between the child and his or her biological parents. The general doctrinal concept of “lineage” is applied in national legislation of OIC Members using the normative terms “ ” and “ ” which are commonly translated as “lineage”, “descent”, “filiation” or “parentage”. OIC Members refer to protection of lineage in their international legal positions but lack coordination in assertion of their arguments in international organisations and organs of the UN system. The term “right to lineage”, as enshrined in the 1994 Declaration on the Rights and Care of the Child in Islam and the 2020 Draft Jeddah OIC Convention on the Rights of the Child, indicates the right of the child to a permanent legal relationship of lineage towards his or her biological father. The right to lineage is unknown to the 1989 Convention on the Rights of the Child and differs in its scope from any right enshrined in the Convention.DISCUSSION AND CONCLUSIONS. Protection of lineage should be regarded as a national and regional particularity of certain, but not all, OIC Members. No uniform approach to its implementation exists among OIC Members. Their standpoints with regard to the protection of lineage affect the legal regulation of the mechanisms of alternative care for children deprived of family environment. One should distinguish States allowing full adoption, States allowing simple adoption, States allowing several forms of adoption and States prohibiting adoption. OIC Members assert different international legal positions concerning interpretation and application of universal treaty norms governing the right of the child, as far as possible, to know and be cared for by parents, as well as the right of a child temporarily or permanently deprived of the family environment to special protection and assistance. Given that the approach to interpretation and application of the provisions of universal treaties on the rights of the child concerning adoption differs from State to State, their implementation should be considered a matter within domestic jurisdiction of States.