Protection Of Rights Research Articles

Teaching Social Justice After the Dobbs Decision

ABSTRACT On June 24, 2022, the U.S. Supreme Court issued the Dobbs v. Jackson Women’s Health Organization decision, overturning 50 years of protected abortion rights in the United States. The decision directly impacts the way social work educators address current social issues that relate to bodily autonomy and social justice. This paper used mixed methodology to collect quantitative and qualitative survey data from MSW students to explore how they perceive the overturning of Roe v. Wade, how the topic was covered in their social work courses, and receive recommendations on how it should be taught. Constructivist Grounded Theory and Thematic Analysis were used to code for reoccurring and emergent themes. Findings indicate that students believe the Dobbs decision was not discussed enough in social work courses, that students believe reproductive justice discussions should be grounded in NASW values, and that students view the Dobbs decision negatively. Student suggestions for teaching reproductive justice are to focus on educational information, try to avoid politics, and set a civil classroom tone. The aim of this research study is to elevate the voices of students as educators grapple with navigating how the Dobbs decision impacts micro- and macro-level curriculum.

Rehumanizing Khwajasaras through children’s comics

ABSTRACT Khwajasaras’ recognition crisis and unacceptability in Pakistani society seem to be worsening even though The Transgender Persons (Protection of Rights) Act of 2018 was passed to confer fundamental human rights on the khwajasara community of Pakistan. Transphobic discourses – memes and jokes, being some of the modern forms of epistemic violence and denialism – have further condemned the khwajasara community to a state of subalternity. This paper examines how children’s comics – specifically, Basila and the Street Crew by Shaikh and Ansari (2018)– can effectively transform society’s transphobic attitudes, rehumanise khwajasaras, and compel the readers to reflect on their apathy. Basila and the Street Crew (2017) is Pakistan’s first comic book that addresses transgender discrimination, tackles epistemic violence, and projects a more positive image of the khwajasara community. It is argued that children’s comics can play a vital role in combating epistemic violence and developing the recognition of khwajasaras as proper subjects. We conclude that it is imperative to produce more gender-oriented comics to dismantle society’s concept of gender liminality, which suppresses the interstitial space – the ‘third’ gender/sex.

Research on Legal Issues of Protection of Rights and Interests of Internet Consumers in China

This paper explores the current status and issues of China's laws regarding the protection of consumer rights in online transactions, aiming to analyze challenges in their implementation and propose reform recommendations. Firstly, it reviews China's existing legal framework, including major legislative provisions and judicial interpretations. Subsequently, through an analysis of ambiguities in legal application, challenges in regulatory enforcement, and barriers to consumer rights protection, it exposes the primary issues in current legal implementation. Finally, based on these findings, specific reform suggestions are proposed to clarify legal applicability, enhance regulatory efficiency, and improve mechanisms for consumer rights protection, aiming to enhance the effectiveness and fairness of consumer protection in China's online environment.

Concepts and signs of international human rights institutions

The article analyzes various approaches to the interpretation of the concept of an international human rights institution. The author’s definition of the concept of an international human rights institution is proposed, which should be understood as an international association endowed by the relevant states and (or) other entities with its own international legal personality, based on an international treaty or other document provided for by the norms of international law, the purpose of which is achieving goals related to the protection of the rights and freedoms of a person, and which, as a rule, has its own system of bodies acting on a permanent basis. It was noted that in the process of forming the institute of international organizations, the main attention of the states was focused on the creation of international intergovernmental organizations, which have executed and continue to execute a significant influence on the course of world events. International interstate organizations are one of the three important institutions through which interstate cooperation is carried out. Created in accordance with special international treaties, they have international legal personality and a clearly defined organizational structure, reflect the main goals, tasks and competence and act in accordance with the norms of international law. Despite the fact that international human rights institutions have a subsidiary character to national protection bodies, they provide considerable influence by making appropriate decisions based on the results of consideration of individual appeals from victims whose rights and freedoms are violated. The process of applying for the protection of rights and freedoms to international human rights institutions is a kind of one of the forms of activity of the relevant legal entity. The article highlights the main characteristics of international human rights institutions, which include: 1) contractual basis, 2) existence of defined goals, 3) appropriate organizational structure, 4) existence of independent rights and obligations, 5) possibility of considering applications from victims of rights violations and freedoms and the adoption of relevant decisions (conclusions, recommendations), 6) the possibility of influencing the defendant state, which violates the rights and freedoms of a person, 7) the permanent nature of the activity.

Purpose and principles of state regulation of non-bank financial services markets

The need for stable development and effective use of non-banking financial services market tools, as well as the imperfection of the current legislation in this area characterize the unconditional relevance of the topic of this article. The purpose of the article is to determine the purpose of state regulation of non-bank financial services markets, to define the concept of the principles of state regulation of professional financial activity, and to highlight and analyze the main principles of such regulation. It is noted that one of the main elements of state regulation of non-bank financial services markets is the purpose of such regulation. In view of the analyzed scientific positions and legislative provisions, it is concluded that the main goal of state regulation of non-banking financial services markets is: 1) ensuring transparency, reliability and openness in the markets of non-banking financial services; 2) coordination of activities of state authorities on the functioning of non-bank financial services markets; 3) protection of rights, legitimate interests and satisfaction of socio-economic needs of consumers of non-banking financial services; 4) prevention of abuses and violations in the markets of non-banking financial services. It is proposed to define the principles of state regulation of professional financial activity as the main ideas, basic principles, and general provisions of the implementation by the Regulators of a set of measures to regulate, control and supervise the activities of non-banking organizations and other participants in the markets of non-banking financial services in order to create favorable conditions for their functioning. , preventing and countering abuses and violations in the markets of non-banking financial services and ensuring the protection of the legitimate interests of clients. The main principles of state regulation of professional financial activity are highlighted: the principle of legality; principle of commensurability (proportionality); the principle of guaranteeing the rights and legitimate interests of participants in the financial services market (in particular, the rights of consumers); the principle of assessment by the Regulators of transactions, operations, circumstances and events taking into account their economic and factual content; the principle of mandatory licensing of professional financial activity; the principle of exclusivity of professional financial activity.

Implementation of Self-Perceived Identity for Gender Change: Issues of policy coherence and relevance towards transgender welfare in Pakistan

The gender change is legally permitted by Transgender (Protection of Rights) Act 2018, where the use of self-perception for the gender change remains controversial. The self-perception relevance, suitablility and coherence has the legal policy impact on the future of transgender act.This qualitative research using semi-structured interviews is conducted,as part of policy evaluation with the thematic analysis through NVivo software showing implementation of self-perception test lacking coherency and relevancy. The results highligted that socio-cultural, biological conditions, Islamic injunctions and principles as the main considerations that all parties consider before permitting gender change.Future research on evaluation of the self-perception identity is recommended.

О конституционно-правовом закреплении публичного статуса адвокатуры

This article is devoted to understanding the constitutional and legal consolidation of the public status of the bar as a non-governmental institution of social structure, serving as a mechanism for the implementation of constitutional guarantees of the rule of law and judicial protection of rights. Based on the philosophy of modern times and the basic postulates of the general theory of conflict, the work examines the competitive process of learning the truth in justice by organizing a system in the form of a simulated controlled conflict. Keywords

COPYRIGHT PROTECTION AT THE INTERNATIONAL LEVEL: LEGAL MECHANISMS AND POLITICAL CHALLENGES

Copyright protection at the international level is a crucial aspect of the legal system in the context of globalization and the development of digital technologies. In today’s information society, ensuring adequate copyright protection is critically important due to the rapid dissemination of creative content on the Internet. The main issue lies in creating an effective international legal system that accommodates diverse national legislation and peculiarities. In order to improve copyright protection, it is necessary to strengthen international cooperation. This includes the development of uniform standards for the protection of rights, strengthening cooperation between countries and supporting the implementation of international agreements. It is also important to harmonize national laws, ensure adequate sanctions for rights violations, develop collective rights management organizations and conduct educational campaigns to increase legal awareness. The primary challenge is to harmonize national laws with international standards, which will enable a unified approach to copyright protection and reduce the risk of violations on a global scale. Studying international agreements such as the Berne Convention and the WIPO Copyright Treaty highlights the need for continuous improvement of legal mechanisms to adapt to new technological challenges. Effective copyright protection is critical to the development of creativity, innovation and cultural diversity. The practical significance of this research lies in improving law enforcement practices and developing recommendations for international organizations and national governments. Cooperation between states, international organizations, and the private sector is a key element in enhancing the effectiveness of copyright protection.

Digital Financial Assets: Issues of Protection of Rights and Trust of Investors

Digital Financial Assets: Issues of Protection of Rights and Trust of Investors

Copyright Protection in the Digital Age: Addressing Challenges and Finding Solutions in Indonesian Civil Law

This research aims to identify the challenges faced in enforcing such legal protection. In the current digital era, advances in information and communication technology have had a major impact on various aspects of life including the creation and dissemination of intellectual works, which opens up opportunities for copyright infringement. This research uses a normative juridical approach with a qualitative descriptive analysis method. Data is collected through literature study and analysis of laws and regulations related to copyright protection and intellectual property rights. Primary data based on Law Number 28 of 2014 on Copyright, and secondary data collected from previous related research journals and other official documents. The research found that the legal protection of copyright and intellectual property rights in the digital era in Indonesia still faces various challenges. These challenges include the speed and volume of digital content dissemination, anonymity and global jurisdiction, and the effectiveness of Digital Rights Management (DRM) technology. Although Law No. 28/2014 on Copyright has regulated the economic and moral rights of creators, law enforcement is still ineffective. To overcome these challenges, a comprehensive and collaborative approach is needed between the government, digital platforms, copyright owners, and the public. Some of the proposed solutions include improved automatic detection technology using artificial intelligence (AI) and machine learning, harmonization of international copyright law, DRM technology reform, simplification and transparency of the copyright infringement reporting process, and increased public awareness and education regarding the importance of copyright and intellectual property rights.

Mind-reading in AI and neurotechnology: evaluating claims, hype, and ethical implications for neurorights

This paper examines claims that the convergence of AI and neurotechnology applications, known as brain-reading, enables the reading of human minds. The purpose of this examination is to investigate whether the use of the terms “brain-reading” and “mind-reading” to convey current neurotechnological findings carries evidence of hype. We conducted an interpretive content analysis of 1017 academic articles to gain insights into the current state of the art and examine assertions made by academics. Our analysis revealed that up to 91% of the examined articles suggest the possibility of mind-reading through brain-reading. Ethical issues discussed frequently include mental privacy, mental freedom, and personhood. Our study highlights the imprecise and inconsistent usage of the term mind-reading in scientific discourse, which leads to exaggerated claims about AI and BCIs having already achieved capacities beyond their current capabilities—or even reaching capacities that may never be feasible. While our study provides evidence of AI and BCI hype concerning alleged mind-reading capabilities, it also uncovers a hype in AI ethics, specifically pertaining to neurorights. This involves hypothetical scenarios where the fictional prospect of AI-enabled mind-reading calls for the establishment of new protective human rights.

La tensión entre el poder judicial y el poder ejecutivo en la emisión de medidas cautelares innominadas en contra de entidades gubernamentales: un análisis comparativo entre América Latina y Europa continental

The tension between the judicial power ('jurisdictio') and the executive power ('gubernaculum') has long been a contentious issue in the context of issuing unnamed cautionary actions against governmental agencies (Ríos Álvarez, 2015; Tridimas, 2006). This article explores the contrasting approaches to this tension in Latin America and Continental Europe, analyzing the legal and historical foundations, as well as the principles of separation of powers, judicial independence, and individual rights protection within each legal tradition (Cappelletti, 1989; Tridimas, 2006). Historically, Latin American jurisprudence tended to prioritize the protection of governmental prerogatives, hindering the imposition of temporary cautionary measures on the State (Ferrer Mac-Gregor, 2011; Courtis, 2008). Conversely, Continental Europe has seen a more robust evolution of effective judicial control over arbitrary administrative actions, including the development of innovative temporary measures (Caranta, 2018; Tridimas, 2006). Through a comparative analysis, supported by an extensive review of case law, legal frameworks, and academic literature (Guerrero, 2023; Ferrer Mac-Gregor, 2011; Courtis, 2008), this study identifies potential models from European jurisprudence that could facilitate a more balanced interaction between judicial and administrative authorities in the protection of rights in Latin America.

Institutional protection of rights and characterological profile of adolescents involved in sexual abusive practices

Institutional protection of rights and characterological profile of adolescents involved in sexual abusive practices

Legal Aspects of Protection of Rights to Intellectual Property Created by Generative AI

Legal Aspects of Protection of Rights to Intellectual Property Created by Generative AI

Recognizing the rights of children with disabilities in Malawi

Little is known about the realization of the rights of children with disabilities in Malawi, including which rights are being met or violated, where protection of rights must be reinforced, and ways that society can support the rights. This study explored the realization of the rights of children with disabilities in Malawi. Data generation included interviews with 30 children with disabilities (15 boys, 15 girls). Data were analyzed using content analysis and Taguette software, with codes generated relating to the UN CRPD articles. Findings indicate that children expressed discrimination and inequities toward the realization of multiple rights. In particular, there remain significant gaps in policy and programs addressing freedom from violence and abuse in community and school settings. The findings of this study will enable duty bearers, decision-makers, and service providers to prioritize initiatives for children with disabilities in Malawi to ensure their comprehensive breadth of rights is met. Points of interest This study examined how the rights of children with disabilities in Malawi are being met. The United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) provides a framework for developing policy, designing services, and implementing programs for children with disabilities based on their rights. Children with disabilities said they get support, feel respected by family, and don’t feel neglected or abandoned by their parents. The government, community, teachers, NGOs, and families are working together to support the rights of children with disabilities. Significant issues exist in providing inclusive education and preventing violence for children with disabilities, both in terms of services and policies. This study’s results will help those responsible for actions, decision-makers, and service providers in Malawi prioritize policies and programs for children with disabilities, ensuring that their full range of rights is addressed.

Striving for Peace: Addressing Human Rights Challenges in UN Peacekeeping Operations

United Nations (UN) peacekeeping operations have been pivotal in global efforts to stabilize conflict zones and mitigate violence for over seven decades. Utilizing soldiers, police personnel, and civilian peacekeepers from diverse backgrounds, these missions aim to implement multidimensional mandates while upholding international legitimacy. Beyond traditional roles of maintaining peace and stability, modern peacekeeping endeavours encompass a spectrum of responsibilities, including civilian protection, demobilization, and human rights enforcement, thereby fostering the transition from conflict to peace. However, amidst these noble goals, the UN has faced persistent criticism regarding human rights violations and sexual abuse by peacekeepers. This paper delves into the UN’s efforts to address legal and policy concerns, ensuring human rights protection and restoring the integrity of peacekeeping. It examines normative frameworks guiding peacekeeping missions and the evolving role of human rights therein. Despite advancements, challenges persist, including ambiguous mandates, political discord, and accountability deficits. Ambiguities in\ conceptual frameworks further complicate operationalization, necessitating clarity and coherence in mandates and implementation.Recommendations for improvement include prioritizing civilian protection and human rights, fostering political consensus, and addressing discrepancies in resource allocation. Additionally, measures to ensure accountability, including penalties for troop-contributing countries and re-evaluation of peacekeepers’ immunity, are vital. In conclusion, while UN peacekeeping remains indispensable in global peace efforts, addressing human rights violations and enhancing accountability are imperative to uphold its integrity and effectiveness.

Private Enforcement Under the Digital Markets Act: Rights and Remedies Revisited

The Digital Markets Act (DMA) is a new instrument of EU competition policy. It has been pointed out that although the DMA does not include any provisions on private enforcement, there should still be room for private enforcement of rights under the DMA. However, it has not been properly scrutinised to what extent the provisions of the DMA are suitable for such private enforcement. This article contributes to the literature by addressing this deficit and explaining the interwoven aspects of EU law and national law upon which private enforcement of the DMA will rely. The analysis is carried out in two main tiers. First, the core substantive provisions of the DMA are analysed. It is concluded in this stage that there are some rules in the DMA which may trigger private law sanctions when breached. Second, the system of judicial protection of rights conferred on individuals under EU law is explained and applied to the DMA. In this regard, it is concluded that it would be appropriate to extend any private law remedies that are available to claimants who have been victims of an infringement of Article 101 or 102 TFEU to claimants who have been victims of an infringement of protective provisions in the DMA.

Reconciling Environment and Development: Legal Transformation in the Job Creation Law Through a Green Constitution

This research examines the compatibility of the Job Creation Law with the principles of the green constitution in the context of environmental protection and people's constitutional rights. The Job Creation Law was born to accelerate investment and simplify regulations. This raises concerns about the potential decline in environmental quality. This research uses a normative legal approach and literature analysis to identify the impact of the Job Creation Law on the environment and its integration with the green constitution. The discussion shows that the Job Creation Law tends to neglect environmental protection, reducing the role of state oversight and public participation. The results of this study emphasize the need for policy revision to integrate the principle of environmental sustainability in the legal framework of economic development. Public participation is also key to the success of sustainable environmental protection. This is because the people who will be directly affected by environmental changes are the people. Policy development that integrates sustainable principles in all aspects of economic development without sacrificing the environment. Keywords: Environmental Protection; Green Constitution; Job Creation Law; Sustainable Development.

Evolution of transgender rights in India: Better late than never.

The progress of transgender rights in India has seen significant strides with milestones such as the National Legal Services Authority (NALSA) judgment and the enactment of the Transgender Persons (Protection of Rights) Act in 2019. The NALSA judgment recognized the right of transgender individuals to self-identify their gender. This decision led to the formal recognition of a 'third gender', advancing legislative and social reforms. Prior to this, transgender individuals faced substantial hurdles, including limited access to education, employment, and healthcare due to a lack of legal recognition. Within a few years, The Transgender Persons (Protection of Rights) Act established a framework that safeguards the rights of transgender individuals and prohibits discrimination based on gender. This legislation requires the government to take measures like promoting education, providing vocational training opportunities, ensuring accessible healthcare services, and offering social security support. It also addresses the healthcare needs of transgender individuals thereby contributing to their overall well being. The Support for Marginalised Individuals for Livelihood and Enterprise (SMILE) program and Garima Greh are initiatives that provide spaces and empower a marginalized transgender individuals and promoting their inclusion, justice and empowerment. This article explores the progress pertaining to transgender rights and welfare, while highlighting efforts undertaken by the Indian government.

Analisis Kebijakan Kota Layak Anak Dalam Perspektif Hak Sipil Dan Kebebasan Anak Di Kota Surabaya

Children are the future leaders of a nation's development, thus they have the right to special treatment in the form of protection and child rights. Accelerating the Convention on the Rights of the Child, the Child-Friendly City (CFC) policy was initiated in 2006. In its implementation, CFC is divided into 5 clusters of children's rights that must be fulfilled, one of which is civil rights and freedoms. Surabaya City is recognized as a Child-Friendly City and has maintained this status for the past six years. Given this achievement, it is interesting to analyze the implementation of the CFC in Surabaya concerning the cluster of Civil Rights and Freedoms. This study employs a descriptive qualitative research method, gathering both primary and secondary data, which are comprehensively analyzed through data reduction, presentation, and conclusion drawing. The research findings reveal strong commitment demonstrated by Surabaya City in its Child-Friendly City policy to fulfill children's civil rights and freedoms, evidenced by easy access to birth certificates and identity cards for children, as well as the establishment of the Child Friendly Information Center (Pusat Informasi Sahabat Anak - PISA) enabling children to access information and exchange ideas freely. There is a need for enhanced collaboration among government, NGOs, and the community to ensure the equitable implementation of the Child-Friendly City initiative, extending to suburban areas. Keywords: Public Policy, Child-Friendly City, Children's Civil Rights and Freedoms