Protection Of Minorities Research Articles

Features of Interrogation of Minor Victims in the Pre-Trial Investigation

Comprehensive protection of minors is one of the priority areas of criminal law policy. The pre-trial investigation, and their interrogation as its part, occupies a special place in the process of protection of minors and restoration of their violated rights. The interrogation of minors is a special procedure with clearly defined requirements. The aim of the study was to identify gaps in the regulation of interrogation of minors and suggest ways to address them. The methods used: system approach; descriptive statistics; comparison and juxtaposition; descriptive analysis; pragmatic approach; prognostication. The tactics of interrogation of a minor victim of a crime are legally defined in the national criminal procedural legislation of the vast majority of countries. The principles, rules, main measures, and purpose of interrogation of this category of victims in the pre-trial investigation are enshrined in the provisions of international regulations. These rules are based on the principle of child-friendly justice. But the practical conduct of the interrogation has several gaps, so it is necessary to clarify the rules of international and national regulations on certain provisions.

EU Law’s Half-Hearted Protection of Religious Minorities Minority Specific Rights and Freedom of Religion for All

This article begins with some reflections on the definition of religious minorities, their needs and rights and how this relates to the discussion about the need for minority specific rights in addition to general fundamental rights as rights for all human beings irrespective of particular identity features. Secondly, an overall account of the ambiguous relationship between religious minorities and fundamental rights is presented. The third and most extensive section zooms in on the EU and religious minorities, starting with an account of the EU’s general approach towards minorities and then turning to the protection of fundamental rights of religious minorities in/through the EU legal order. First, the EU’s engagement with minority specific rights and the extent to which these norms have been attentive to religious themes will be discussed. Second, the CJEU’s case law concerning freedom of religion and the prohibition of dis-crimination as general human rights is analysed. The conclusion then turns to the overall perspective and discusses whether the EU’s protection of religious minorities’ fundamental rights can be considered ‘half-hearted’ and, if so, to what extent. This in turn allows us to return to the overall focus of the Special Issue, namely the relationship between the freedom of religion for all and special rights for religious minorities.

‘One of the oldest states in Europe has never suppressed any nation’. The minority treaty, nationalist indignation and the foundations of interwar ethnic democracy in Poland

AbstractThis article investigates the internal impact of the Minority Treaty of Versailles, regulating minority rights and protection in the emerging interwar Polish state. The parliamentary debate on the Treaty was a critical juncture structuring the political sphere and arguably fostered the birth of ‘ethnic democracy’ in Poland. Performing a sequential analysis of the debate, I study the reconfiguration of political positions which locked the actors into their strategic entrenchments. Unexpectedly, the nationalist right defended the treaty because of their involvement in the Versailles negotiations. The left tried to delegitimize the treaty and simultaneously tip the scales of the domestic politics in favour of the minorities. This shifted the levers of implicit assumptions about the political community and effectively blocked the political efficacy of the treaty on the domestic level. Such refraction effects must be considered when one is studying convergence, diffusion and the role of international agreements and pressures.

EVALUASI TERHADAP PERLINDUNGAN HUKUM PELECEHAN DAN KEKERASAN SEKSUAL PADA ANAK

Sexual harassment and violence in general cannot be separated from the life of the general public. Sexual harassment and violence do not only occur among adults and adults, but also among children who are underage (<18 years). Violence and sexual abuse of children is still common among the general public. Violence and sexual harassment are not only experienced by girls in general, but also experienced by boys (pedophilia). Sexual violence and abuse in children is still common, allegedly because it is abuse and misuse by adults. Children are often easy targets for pedophiles because children still don't understand what the deceptions of pedophiles are. Perpetrators of sexual harassment and violence assume that minors are still relatively innocent and the possibility of reporting to the police is very small because they are afraid of threats from the perpetrators. The writing of this journal is intended to better see and evaluate the urgency of existing legal arrangements whether they are in accordance with their relevance and can guarantee legal protection for minors. Journal writing is carried out using a normative approach, namely research conducted by examining library materials and normative legal regulations.

Alcohol Advertising Regulation for the Adult Population: An Analysis of Distilled Spirits Radio Endorsements in Spain

Restrictions on advertising of high-alcohol-content beverages aims to prevent consumption in young people and alcohol misuse in adults. The main objective of this research was to analyze the presence of distilled spirits mentions and its compliance with legislation in relation to the minor protection time slot, the factors associated with drinking, and the promotion of excessive consumption. We conducted a content analysis of all advertising mentioning spirits broadcast throughout 2017 on news/talk radio stations targeting an adult audience in Spain. We identified 355 radio mentions. The special protection time slot for minors was disregarded in 91.8% of cases. Radio personalities encouraged immoderate consumption in 76.6% of the analyzed mentions, and associated alcohol consumption with improved physical performance, social success, or health in 42.3% of cases. This study reveals the shortcomings of public administration in the control and monitoring of spirits mentions in the radio medium, in a context in which the adult population is unprotected against messages that frequently encourage excessive consumption and associate it with positive and gratifying values.

Protecting Linguistic and Religious Minorities: Looking for Synergies among Legal Instruments

Language and religion are two main cultural markers of collective identities and articulating factors at play in the majority-minority game. However, from a legal and political point of view, language and religion work very differently as factors for determining minorities. This is due, on the one hand, to their different connection with public bodies and, on the other hand, to the different role played by the two identity markers, more substantive in the case of religion and more instrumental in the case of language. Different forms of protection of linguistic and religious diversity and minorities have been developed so far. The two fields of protection have evolved separately and there has hardly been any dialogue between them. This article aims to analyze whether and how the usual forms of protection of linguistic diversity and linguistic minorities can be useful for the management of religious-based diversity or minorities. In this respect, linguistic diversity management draws more inspiration from religious diversity management techniques than the reverse. Nevertheless, a number of techniques that have been applied to the linguistic diversity protection may also play a potential role for the protection of religious diversity, opening the door to further synergies among legal instruments.

Federalism and the Minorities in Nigeria: A Geopolitical Analysis

This article examines federalism, its challenges, and minority agitations for equity and development in Nigeria. It explores the geopolitical analysis to have smooth development in Nigeria and seeks to abort all or any discrimination against the minorities section of the society. This paper further suggests the methods of enhanced protection of minorities’ rights and the practice of true federalism in Nigeria. Nigerian Governments have tried to practice federalism to promote equity and minorities’ rights, but they have failed to adhere to this doctrine as stipulated in the constitution, thereby raising the question of minority marginalization in Nigeria. This article assesses that unless the Government practices federalism as enshrined in the constitution and generates resource control, power sharing, equal rights, and accountability, it may become a permanent source of geopolitical conflicts in the coming days.

Alternative 2070: Mitigating the effects of projected sea level rise and urbanization on Florida black bear and Florida panther habitat

Historically ubiquitous throughout the state, Florida’s only two extant large carnivores, the federally endangered Florida panther and black bear, are now geographically restricted with small populations. Rapid human population growth and sea level rise (SLR) threaten to diminish these species’ habitats. To aid landscape-scale conservation efforts, we estimated changes in habitat across a set of alternative future land-use and SLR projections. Intermediate-high (0.9 m) to extreme (1.8 m) SLR projections inundated 2.2–4.8% of panther and 3.3–5.4% of bear habitat by 2070. Unmitigated urban sprawl with minor protection policies (a Trend 2070 land-use projection) eliminated 8.8% of panther and 11.3% of bear habitat but increased protected habitat by 3.3%. In contrast, increased urban densities coupled with extensive land protection policies (an Alternative 2070 land-use projection) eliminated 4.1% of panther and 7.3% of bear habitat, and it increased protected habitat 52.1% for panther and 64.1% for bear. In combination, the Trend 2070 and extreme SLR projections reduced protected habitat 3.4% for panther and 6.6% for bear. However, the Alternative 2070 projection offset habitat area lost to extreme SLR, increasing protected habitat 45.3% for panther and 51.6% for bear. Protecting land along the Caloosahatchee River may accommodate panther dispersal to large habitat patches in northern Florida, while protecting inland habitat corridors may compensate for black bear habitat connectivity lost to inundation along the Gulf Coast. These alternative future projections prognosticate the impacts of climate and land-use change on the viability of Florida’s two large carnivores.

Formalizing Secularism as a Regime of Restrictions and Protections: The Case of Quebec (Canada) and Geneva (Switzerland)

AbstractIn 2019, the province of Quebec and the canton of Geneva passed bills establishing their states as “secular.” While each law is, to a certain extent, context specific, both present noteworthy similarities. First, neutrality (the cornerstone of laïcité) is articulated around two elements: (1) restrictions that affect the religious practices of public servants belonging to minority religions and (2) protections for Christian symbols constructed as “cultural.” The article questions the implications for inclusive citizenship of formalizing regulatory regimes that differentiate between “religion” and “culture.” Second, a comparative lens enables an analysis of how, through whom, and why similar regimes of regulation travel from one area of the world to another. The article argues for the importance of considering transnational influences when analyzing the regulation of religion to better (1) understand why particular models of secularism gain traction and (2) capture power dynamics structuring these processes of traction.

Research on Hengqin Model of Ecological Protection and Enterprise Compliance Development in Tobacco Control Cities

Objectives: Analyze the situation of tobacco control in Chinese cities and the development of Hengqin enterprises and the implementation of national tobacco control policies, to provide the theoretical reference for tobacco control, ecological protection and enterprise compliance development in Hengqin city. Methods: Make statistics on the tobacco control policies and the effects of Chinese cities, and analyze the behavioral role of enterprises in the ecological construction of tobacco control cities. Results: Although most cities support indoor smoking prohibition in various public places, the awareness rate of smoking prohibition regulations in public places is low. Relevant departments need to take more targeted publicity and education measures to increase the awareness rate and implementation effect of tobacco control policies and regulations, which is not only conducive to the ecological environment protection of tobacco control cities, but also conducive to the compliance development of enterprises. Conclusion: It is necessary that the healthy development of ecological protection in Chinese cities be combined with tobacco control policies, laws and regulations; Enterprises shall play an important guiding role, with the full participation of stakeholders at the planning level, to optimize the design of tobacco control policies; The implementation level shall strengthen the protection of minors and play the role of various policy tools.

On the Link between the Protection of Minorities' Intangible Cultural Heritage and the Evaluation of Social Sciences and Humanities in the Republic of Serbia: Preliminary Examination of Cross-Study Results

The results of theoretical and field research into a) the state of protection of minorities' intangible cultural heritage, and b) the evaluation criteria for social sciences and humanities in the Republic of Serbia, indicate a clear and concerning correlation. Seemingly paradoxically, social sciences and humanities in the Serbian language are in an equally unfavorable, undervalued position as is the cultural heritage of minorities relative to that of the majority population's. Analysis suggests that, although they mostly do not perceive themselves in this way, Serbian social sciences and humanities scholars are a vulnerable social group in the sector of science and higher education, in the same sense in which ethnic minorities and communities are in terms of government cultural policy. The paper, based on the conclusions of an analysis of selected cross-study findings of field and theoretical research over a number of years, also proposes how the existing vulnerability factors can be eliminated and future ones prevented, particularly through cooperation between these two, often mutually opposed groups.

Food Banks and Food Pantries Provide Protection for Racial and Ethnic Minorities during the COVID-19 Pandemic.

Food Banks and Food Pantries Provide Protection for Racial and Ethnic Minorities during the COVID-19 Pandemic.

Embodying legal precarity: Living with ongoing short‐term protection in Germany

AbstractImmigration regimes pay particular attention to the migrant’s body in the process of legal and bureaucratic inscription. Legal precarity, defined by the repeated reception of short‐term protection from deportation, is an existential and deeply embodied experience. The analysis of Schwangerschaftsduldung (temporary suspension of deportation based on pregnancy) and protection for unaccompanied minors, two legal situations in Germany, can shed light on how the migrant’s body receives centre stage in the process of legal status determination and shows how the long journey to relative legal stability deeply affects the body. The two legal categories have in common a temporal limitation and an association with bodily transformations. By centring on the legal trajectories of three migrants, this article shows how the body is taken as the marker of vulnerability and (un)deservingness and becomes the bearer of legal precarity.

Inadmisibilitatea anumitor inițiative legislative

This paper will analyze the right to association and the limits of the exercise of the legislative function in the Romanian Parliament, including the difference in legal treatment applied to the legislative initiatives of the citizens versus those of parliamentarians. Also, the subject of the inadmissibility of the legislative initiatives in the fields regulated by art. 152 of the Constitution, the need to extend the category of persons who can exercise the right to refer a matter to the Constitutional Court, as well as the obligation of the Constitutional Court to carry out ex officio constitutionality checks for initiatives aimed at de facto and de jure revision of the Constitution. The final part is dedicated to the principle of subsidiarity, as well as to the way in which certain provisions of international law frequently invoked in the field of protection of national minorities and justification of territorial autonomy, have already been transposed into the Romanian legal order.

Analisis Yuridis Pertanggungjawaban Pidana Terhadap Anak Sebagai Pelaku Tindak Pidana Penyalahgunaan Narkotika (Studi Penetapan Nomor. 22/Pid.Sus- Anak/2016/Pn.DPS)

Currently, Indonesia is in a state of emergency on drugs because its abuse is widespread in society, starting from size, class, and age. Drug abuse is not only done by the adult class but also by minors, it damages the mental and soul of the generation. The Indonesian government has passed a law related to the protection of minors who are victims of Narcotics abuse based on Law no. 35/2014 on PA. This study examines criminal sanctions against criminal acts of child participation as narcotics abuse and analyzes judges' considerations in deciding cases in determining sanctions based on Number. 22 / Pid.Sus Anak / 2016 / PN Dps. This study employed normative research, with a statutory perspective. Sources of data were primary and secondary legal materials obtained through interviews, reading, and examining legal theories related to the problem being researched. After all, data was collected, it was analyzed descriptively qualitatively. The results of the research showed that the criminal sanctions imposed on the involvement of children as drug abusers must be aimed at improving themselves, and the judge's consideration in deciding this case was by taking into account the provisions of Article 12, Article 52 paragraph 5 of Law no. 11/2012 concerning SPPA.

Participation, Citizenship and Transfrontier Exchanges—2019

This article summarizes developments in the protection of minorities in Europe in the areas of participation, citizenship and transfrontier exchanges during 2019. It includes developments at the UN level, in addition to regional developments under the auspices of the Organization for Security and Co- operation in Europe (OSCE), the Council of Europe (CoE) and the EU.

Essai de visualisation des attitudes des principaux partis politiques belges

The main point developed in this paper is the demonstration of the attitudes characterizing the major Belgian political parties. This is achieved through a factorial analysis applied to a set of data resulting from the answers given by the major parties leaders to various specific questions regarding bath the prevailing economie as well as institutional issues at the eve of the election of December 17th, 1978. From that point it has been possible to compare those results with the one obtained from the data concerning the 1974 programmes.The results of the statistical analysis show that white in 1974 the strongest positive associations between parties corresponded to tht traditional ethical and socioeconomic cleavages, four years later the linguistic dimension was predominant with a stronger homogeneity characterizing the Dutchspeaking group than what could be observed for the Frenchspeaking one.The factorial analysis allows for a graphical representation of the respective positioning of the parties along the statistically significant factorial axes. Applied to two sets of data, the first one on purely institutional matters, the second one on both institutional and economic policies, the analysis reveals clearly through the various graphs presented the linguistic cleavage as well as the divergences about the extent of regional competences and minorities protection, on the one hand, and, on the other hand, the degrees of regional economic autonomy and of public intervention in the business life.

Recognizing Religious Minority Rights

The European Convention on Human Rights (ECHR) does not contain any provision on minorities, and neither has the European Court of Human Rights (ECtHR) considered the notion of minority rights when dealing with claims involving religious minorities. This contribution aims to show how the Court addresses the rights of religious minorities through the concepts of ‘religious diversity’ and ‘pluralism’. In order to overcome the historical tension between individual rights versus group rights, the author offers a theoretical typology on religious minority rights that combines rights- holders with individual and group interests and takes into consideration UN human rights texts on minorities and the freedom of religion, as well as the ECHR and the Framework Convention for the Protection of National Minorities. By applying the three categories of the above- mentioned typology— individual differentiated rights to members of minorities, group- differentiated rights, and special interest group rights— to the Court’s jurisprudence on members of religious minorities and religious communities, the author concludes that while the ECtHR has systematically reiterated its commitment to pluralism, it has partly failed to grant protection to religious diversity, particularly, when ‘uncomfortable’ religious diversities are the stake.

Language Rights of European Minorities in the Administration of Justice, Public Administration and Public Services

This article provides an overview of European minorities’ language rights in the administration of justice, public administration, and public services in 2019. Relevant legal developments are presented in the activities of the major international organizations, i.e. the United Nations, the Organization for Security and Cooperation in Europe, the European Union, and the Council of Europe. Since the most relevant treaties on the language rights of minorities in Europe are the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities, special attention is paid to the implementation thereof. Whereas international monitoring mechanisms devoted to the effective protection of minorities are abundant, language rights of national minorities receive less attention, especially in the fields of official language use, that is, in public administration and justice. The regulation of these areas has been traditionally considered as almost exclusively belonging to the states’ competence, and international organizations are consequently reluctant to interfere. As a result, the official use of minority languages differs in the various countries of Europe, with both good practices (e.g. the Netherlands, Spain, Finland) and unbalanced situations (e.g. Estonia, Ukraine, Azerbaijan).

Direct Democracy and the Rights of Cultural Minorities in Swiss

The minorities in Switzerland are in the first place ethno-linguistic minorities, whose are unified by a common language. Therefore, since the foundation of the Confederation in 1848 the Helvetic state has been considered a multilingual country. The confederation and cantons are obliged to protect linguistic minorities. The grounds of the Swiss social structure, with traditional multiculturalism and four national languages are two principles: language freedom (Sprachenfreiheit) and territoriality (Territorialitätsprinzip). Switzerland has no official state religion. Predominant religion is Christianity, the largest religious minorities is established by Islam. The largest Christian denominations are Catholic Church (37.7%) and Swiss Reformed Church (25.5%). The influx of new cultural minorities to Switzerland began after the Second World War and was directly connected with economic migration, with the large influx of gastarbeiters from southern European countries and refugees from the Third World and from the former Yugoslavia.International law includes the protection of national, yet not cultural minorities. In Switzerland the protection of national minorities is also based on international standards. Is the Swiss multiculturalism an example for other countries?