Protection Of Rights Research Articles

The mechanism for ensuring the protection of the rights and freedoms of citizens in the activities of state authorities

In order to study the legal mechanism for ensuring the protection of the rights and freedoms of citizens by state authorities, the article analyzes doctrinal opinions, norms of current domestic and international legislation regarding the definition of the mechanism for ensuring the rights and freedoms of citizens by state authorities. The provisions of the Constitution of Ukraine, the norms of which guarantee the protection and protection of human and citizen rights and freedoms, are analyzed.
 In the light of the protection and protection of human and citizen rights and freedoms, the guarantee of these rights and freedoms, it is noted that an important role in this matter is played by: the Verkhovna Rada of Ukraine (the Commissioner of the Verkhovna Rada of Ukraine on Human Rights); The President of Ukraine, the Cabinet of Ministers of Ukraine, executive and judicial authorities. Attention is drawn to the fact that in the state mechanism for ensuring the protection of the rights and freedoms of citizens, law enforcement agencies, lawyers, public associations and organizations play an important role. In case of violation of subjective rights, citizens have the right to choose different legal mechanisms for the protection of violated or disputed rights. The author emphasizes that the effectiveness of the implementation of the rights and freedoms guaranteed by the norms of domestic and international legislation is determined by the existing system of the state mechanism in the state. It is emphasized that in order to protect the rights and freedoms and legitimate interests of citizens in Ukraine, there are local and appellate courts, as well as the Supreme Court, which, according to the law, guarantee everyone the protection of their rights, freedoms and interests within a reasonable time by an independent, impartial and fair court formed by by law In addition to the domestic judicial system, citizens of Ukraine can apply to the European Court of Human Rights in order to protect their violated rights.
 It was concluded that the effectiveness of the implementation of the rights and freedoms of citizens guaranteed by the norms of domestic and international legislation is determined by the existing system of the state mechanism in the state. With the help of state authorities, a legal mechanism is provided to guarantee the protection of the rights, freedoms and legitimate interests of citizens, who, through the implementation of procedural norms, can carry out the judicial or administrative protection of the violated subjective rights of a person guaranteed by the Constitution and laws of Ukraine and international agreements. By the legal mechanism for ensuring the protection of the rights, freedoms and legitimate interests of citizens by state bodies, we mean the system of guarantees defined and guaranteed by the state, with the help of which the protection and protection of the rights, freedoms and legitimate interests of citizens is ensured and implemented in specified forms and procedures.

보육교직원(보육교사)의 권익보호 관련 문제점 및 개선방안 - 관련법과 자치단체조례 분석을 중심으로 -

This study aimed at 27 local governments that have relevant laws(Infant Child Care Act, Early Childhood Education Act, Educational Public Officials Act, Special Act on the Promotion of Teachers' Status and Protection of Educational Activities) and related ordinances to date, 'protection and promotion of rights and interests of childcare teachers'. By analyzing the Ordinance for (Support)', the legal status of childcare staff (childcare teachers) and the problems of the regulations related to the protection of rights and interests will be examined, and based on this, improvement plans will be suggested. Based on this, the main purpose of the study is to provide basic data for future related laws(Infant Care Act) and local government ordinance enactment/revision and retention integration law(tentative name, Infant Education and Child Care Act).
 Based on the problems found in the research results, we would like to suggest improvements as follows.
 First, the main problems and improvement measures related to the Infant Care Act are: 1) the legal status of childcare teachers; It should be improved so that the status of teachers under the Education Act is secured on an equal basis with kindergarten teachers, and the protection of teaching rights according to the position of teachers is guaranteed. 2) definition of childcare staff(childcare teacher); As in the Early Childhood Education Act, it is desirable to define teachers(directors and nursery teachers) and staff other than teachers. Next, childcare staff duties; As in the Early Childhood Education Act, it should be improved so that it is divided into director, supervisor, head teacher, teacher, and administrative staff to be more specifically defined. 3) Responsibility to protect the rights and interests of childcare teachers; In order to apply the law more effectively, it is necessary to improve the current voluntary regulations into mandatory regulations such as 'The state and local governments must actively promote necessary policies and prepare measures for training childcare teachers, improve working conditions, and protect their rights and interests.' I think it's possible.
 Second, the main problems and improvement measures related to local government ordinances for improving treatment and rights of childcare staff are: 1) Responsibilities of local government heads; It seems desirable to stipulate the two contents together as ‘relevant systems and conditions and necessary policies must be actively pursued’ and ‘efforts must be made to create a social atmosphere’. 2) establishment of a basic (comprehensive) plan; It seems desirable to stipulate that it should be done every five years, and it is desirable that voluntary regulations should be improved to mandatory regulations such as ‘must be established and implemented’. 3) fact-finding; It should be improved with mandatory regulations such as ‘a fact-finding survey should be conducted every three years’. 4) rights protection support project; Since almost all local governments stipulate that 'the head of a local government may promote(implement) a project to improve the treatment of childcare teachers and improve their rights and interests.' 5) Establishment and operation of the Rights Protection Committee; Since the establishment of the most important committee must be established and operated to improve the treatment and rights of childcare staff, it would be desirable to have a mandatory rule rather than an arbitrary rule. 6) establishment of cooperation system; There were only three local governments that stipulated a mandatory regulation. If possible, it would be desirable to establish a cooperative system through mandatory regulations rather than voluntary regulations. 7) Others

간호대학생의 임상 실습 권리 인식 측정 도구 개발

The purpose of this study was to develop a rights awareness scale related to clinical practice for nursing students. The specific purpose was to verify the content validity, construct validity, and reliability of developed scale. A total of 23 preliminary items were developed. The subjects were 222 3rd and 4th grade students enrolled in nursing departments in Jeonbuk and Daejeon, and were recruited using a convenience sampling method. The data were analyzed using the SPSS Win 24 program, exploratory factor analysis was conducted to verify the construct validity of the scale, and analysis was performed using the maximum likelihood with varimax rotation method. To verify reliability, Cronbach's alpha and Cronbach's alpha coefficient were analyzed when items were removed. The scale developed through this study consisted of three sub-factors with a total of 13 items, and the three sub-factors were 'rights of respect'(6 items), 'rights of learning'(4 items), and 'rights of protection'(3 items). The scale developed through this study is expected to be used in future to measure and analyze the level of awareness of rights related to clinical practice of nursing students.

Upholding the Right to Healthy Environment through Judicial Interpretation of the Right to Life

The late twentieth century has experienced an unprecedented increase in legal claims for human rights and the environment. The correlation between the two subjects became apparent following the Stockholm Conference of 1972. The Stockholm Conference laid the foundation for the interconnectedness between protecting the environment and realizing the protected human rights in national and international human rights instruments. This is because it has since become obvious that environmental pollution can infringe on protected rights such as the right to life, the right to peaceful enjoyment of property, and the right to privacy, to mention but a view. Therefore, any attempt to ensure the protection of the environment will invariable and enhances the realization of basic human rights.Consequently, human rights have become a legal weapon in a claim to environmental protection through judicial interpretation and expansion of the existing human rights provisions in national and international human rights instruments. Although various fundamental rights have been interpreted to encompass the protection of the environment, this paper is limited in its scope to the concept of the right to life. Examining the two most important questions has been the purpose of discussion throughout this paper. First is the degree of willingness of the Court to adopt an extensive interpretation of the right to life to protect the environment. The other is whether the courts expand traditional human rights principles. In answering these questions, this paper looks into the courts' approach through case law for proper evaluation of the right to life in protecting the environment. Likewise, the paper adopts a doctrinal legal research method. The doctrinal legal method is issues-based and involves analysis of laws and conceptual clarifications of fundamental issues depending on the objective and purpose of a research work. Therefore, within the objective of this paper, the doctrinal research method is employed in analyzing the right to a healthy environment and the judicial approach to using the right to life in preventing environmental pollution and enhancing a healthy environment.

다문화사회에서의 형사사법절차상 A.I. 사법통역지원 시스템 활용 확산 가능성에 대하여

The purpose of this paper is to stress the importance of safeguarding fundamental and protective rights for those who are socially marginalized in criminal proceedings, and to examine the introduction and necessity of legal AI technology in relation to language interpretation difficulties by presenting discrimination cases involving immigrants in criminal justice and execution procedures. Particularly, the author explores the possibility of employing AI to render judgments and broaden its application in relation to the language interpretation challenge in judicial proceedings affecting ethnic minorities. Through an analysis of the legal-tech industry in the United States, the author discusses the possibility of using artificial intelligence interpreters and proposes the introduction and use of new legal artificial intelligence technology.
 The author explores the possibility of using artificial intelligence interpreters, analyzes cases and support systems in the United States, and presents directions to be pursued. Guidelines or protocols that reflect discussions such as whether interpreters can arbitrarily conduct interpretations and inform judges about potential problems caused by cultural differences are discussed by the author.
 At present, the sole focus of discussion in Korea pertains to the enhancement of simple interpretation support, in regard to the protection of fundamental rights and defense rights for foreigners in judicial proceedings. However, the author emphasizes the use of artificial intelligence interpreters as ‘cultural mediators’ who understand and accurately explain subtle language expressions based on cultural differences on behalf of immigrants who may be vulnerable to legal responses due to language.

FROM “PERESTROIKA” TO “NEW CONSTITUTIONALISM”: TRAVEL NOTES

Using examples of understanding the nature of constitutional principles and the application of the comparative legal method to the study of constitutionalism in the states of Central and Eastern Europe (CEE), the article shows the possibilities of the methodology of combining the techniques of “calculating” thinking and “comprehending re ection” proposed by M. Heidegger in research activities. In particular, the structure of the content of constitutional and legal principles (semantic core and periphery) and their dual regulatory impact on social relations (as basic guidelines for the activities of public authorities and additional tools for the protection of rights - along with detailed norms) is considered. The importance of conscious perception of the national experience of constitutional and legal construction as a basis for a more accurate choice of the direction of comparative legal research is shown by the example of the approach of Chinese authors. The nature of the “trap of simple choice” is revealed in relation to constitutional and legal values and paradigms of the development of constitutionalism. In particular, by limiting oneself to the ideological alternative of choosing between socialist and liberal values, the researcher can avoid understanding the true nature of constitutionalism. The main aspects of the movement of the CEE countries towards “new constitutionalism”, signi cant for the national doctrine and practice, are presented. The commentary and assessment of the transformation of attitudes towards liberal constitutional values in CEE (from full acceptance to selective rejection) are given, which should be taken into account in connection with the transformations of Russian constitutional law.

Modalities of protection of the rights of individuals according to the administrative-procedural order and in legal-administrative procedures

The object of the research was to consider the methods of protection of people's rights according to the administrative-procedural order and also in administrative judicial proceedings. A number of normative legal acts regulating the use of tools for the protection of subjective public rights were considered. Attention has been drawn to the following methods of protection of people's rights, according to the administrative-procedural order and in administrative judicial proceedings: administrative procedure; administrative mediation; administrative appeal; subjecting guilty public administration officials to special disciplinary liability; compensation for damage caused by unlawful actions (inaction) of public administration entities; means of self-defense and legal means of protest. The methodological basis of the research was presented as comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. It was concluded that in the scientific literature it is very often the case that protection methods are not used, but tools, means and forms. The authors also examine the methods of protection of rights, freedoms and interests of individuals in the sphere of public administration.

The impact of European law on national legislation and the need to harmonize contract law of Ukraine

The practical implementation of the harmonization of Ukrainian legislation with European law includes harmonization of legislative acts, implementation of European standards, institutional reforms, information campaign and education, international cooperation, creation of specialized bodies, strengthening of legal education and training, monitoring and evaluation of implementation. The practical implementation of harmonization contributes to the creation of a consistent and modern legal system, ensures the protection of citizens’ rights, promotes economic development and promotes international cooperation.In general, the harmonization of contract law of Ukraine with European law is an urgent task that contributes to the development of the economy, increased protection of the rights and interests of citizens and enterprises, improvement of the legal system and international cooperation. The relevance of harmonizing Ukrainian contract law with European law arises for several key reasons, this is: integration with the European Union, promotion of economic development, protection of rights and interests of citizens and enterprises, promotion of international cooperation.Harmonization of contract law of Ukraine with European law contributes to the improvement of cooperation with European countries and other countries that adopt European standards. This opens up new opportunities for trade, investment and cultural exchange, etc.Harmonization of contract law refers to the process of alignment and unification of norms and principles relating to the conclusion, performance and termination of contracts, with the aim of ensuring their mutual compatibility and the implementation of generally accepted standards in this area.Harmonization of contract law is usually aimed at creating a single legal space where different countries or regions have common norms and rules governing contractual relations. This allows for equal conditions for all market participants, increases transparency and predictability, reduces risks and increases trust between parties.Harmonization can be achieved by harmonizing and unifying national laws and regulations, or by adopting international treaties, conventions or recommendations that become binding on participating countries.Harmonization of contract law contributes to the creation of a favorable environment for business and international trade, simplifies the crossing of borders and the implementation of international transactions. It also helps to avoid disagreements and contradictions in legal regulation, ensuring stability and predictability of legal relations.

The procedure for resolving domain disputes

The article is devoted to a complex scientific study of the procedure for consideration and resolution of domain disputes. The article discloses the legal nature of the domain name, features of judicial and extrajudicial dispute resolution. It has been established that the subject of domain disputes is the illegal use of other people’s trademarks, commercial names, other commercial designations, and copyright objects in domain names. It has been proven that the procedure for resolving domain disputes can be judicial or extrajudicial; in the case of a judicial procedure for the protection of rights to a domain name, disputes are considered by a court, in an out-of-court case, by an arbitrator of the WIPO Mediation and Conciliation Center (or another similar structure). It has been proven that a significant problem in law enforcement is legal uncertainty regarding the legal regime of a domain name. It has been established that a domain dispute arises regarding the legality of the use of a domain name by a certain person. It is justified that a domain and a domain name are not identical concepts; a domain name is a unique name of a part of the hierarchical address space of the Internet, in relation to which domain disputes arise. It is substantiated that the determining factor for the protection of the violated right by the court is the correct identification by the plaintiff of the object of the intellectual property right, for the protection of which a case has been initiated in court, and which is reflected in the content of the domain, since in case of failure to indicate such an object, the court may refuse to satisfy the claim , because the domain itself as an object does not receive legal protection.It has been established that the out-of-court procedure for resolving domain disputes is a convenient mechanism for the prompt protection of rights to a trademark that is displayed in someone else’s domain name without the right holder’s permission and thereby creates confusion with the right holder’s trademark, providing undue influence on consumers.It has been established that the reason for the occurrence of domain disputes is: the domain name is identical or deceptively similar to the trademark to which the plaintiff has intellectual property rights; the owner of the domain name has no rights or legal interests in the domain name; such domain name is registered or used in bad faith.It has been proven that when resolving domain disputes, special methods of protecting domain name rights are used – re-delegating domain name rights to the plaintiff or canceling domain name registration.It has been established that the judicial procedure for resolving domain disputes is universal and can be applied to the protection of rights to any object of intellectual property rights that can be reflected in a domain name (it concerns not only trademarks, but also commercial names, geographical indications, copyright objects, etc.). It is justified that such an approach is expedient to apply in relation to the out-of- court procedure for resolving domain name disputes, however, the relevant provisions must be approved by ICANN, making appropriate changes to Uniform Domain Name Dispute Resolution Policy.

Una perspectiva de la patria potestad en América Latina: Especial referencia al caso ecuatoriano

Parental authority implies a set of legal and moral obligations that parents have towards their children and, therefore, a right of protection of the unemancipated child and adolescent, whose only limit is his or her best interest. Parental authority in Colombia is developed in provisions such as the Civil Code and the Code of Childhood and Adolescence; in Venezuela this legal figure is regulated in the Organic Law for the Protection of Children and Adolescents. In the Ecuadorian case, from the legislative point of view, it is precepted in the Civil Code and in the Code of Childhood and Adolescence. The purpose of this work is to study the constitutional and legal provisions that regulate parental authority in Colombia, Venezuela and Ecuador, with express mention of the latter. The research was of a descriptive documentary type, through the application of the analytical method. It is concluded that, in the framework of the three countries referred to, parental authority plays a transcendental role in family cohesion and coexistence, but above all in guaranteeing the best interests of the child, and it is a set of responsibilities recognized exclusively to mothers and fathers.

Does the treatment of arrear maintenance claims of children under the Insolvency Act 24 of 1936 constitute a violation of their constitutionally protected rights to social welfare and human dignity? An exposition

The time and space for the reformation of the Insolvency Act 24 of 1936 has presented itself through the introduction of a constitutional order in 1996. However, the legislature has thus far proven to fail in its responsibility to align consumer insolvency legislation with the values and rights that are contained in the Constitution of the Republic of South Africa, 1996. The Constitution appreciates the vulnerability of children and thus affords special protection to the rights of children, including their rights to social welfare. It further guarantees children that their best interest reign supreme in every matter concerning them. The Constitution also guarantees children the right to human dignity, which right is also a value underlying South African constitutional jurisprudence. These constitutionally guaranteed rights of children to social welfare and human dignity do not enjoy protection under South African consumer insolvency law, particularly in the treatment of arrear maintenance claims of children against the estate of an insolvent debtor. Children's maintenance arrear claims do not enjoy any preference as they are treated as concurrent claims. This also burdens them with the liability to contribute towards the costs of sequestration if they have successfully proven claims and where there are insufficient funds in the free residue account. Children's maintenance arrear debts are not exempt from the discharge of pre-sequestration debt under South African consumer insolvency jurisprudence. The overall approach to the treatment of children's arrear maintenance claims compromises the rights of children to social welfare and human dignity as guaranteed in the Constitution.

Сучасні засади адміністративно-правового забезпечення діяльності судових органів як суб’єктів захисту права громадян на безпечне для життя та здоров’я довкілля в Україні

The article is devoted to the problem of identifying the main principles of administrative and legal support for the activities of judicial bodies as subjects of protection of the right of citizens to an environment safe for life and health in Ukraine. Special attention is paid to the regulatory and legal principles of administrative and legal support for the activities of judicial bodies as subjects of protection of the right of citizens to an environment safe for life and health in Ukraine. It was established that they determine the competence of judicial bodies, fix the procedure for the implementation of administrative justice in such cases, determine the procedural rights of the participants in the trial, etc. Normative and legal principles are a reflection of the institutional principles of the functioning of the judicial power, and are evidence of the normatively defined special role of judicial bodies in Ukrainian society as subjects of protection of the right of citizens to an environment safe for life and health. The organizational and legal principles of administrative and legal support for the activities of judicial bodies as subjects of protection of the right of citizens to an environment safe for life and health in Ukraine have been analyzed. The principles (principles) of administrative proceedings fixed in Part 3 of Article 2 of the Code of Administrative Procedure. It has been established that the judicial principles of administrative and legal support for the activities of judicial bodies (organizational - in the narrow sense) are evidence of the stability of the judicial system, the organizational ability to guarantee the protection of citizens' rights in the field of the environment. It was established that the achievement of the principle of the effectiveness of the functioning of judicial authorities in the defined sphere is essential for all administrative and legal support of the activities of judicial bodies as subjects of protection of the right of citizens to an environment safe for life and health in Ukraine. It is recognized that new challenges and threats existing in Ukraine must be taken into account on the way to increase efficiency, and the system of administrative and legal support itself must be transformed under the influence of modern trends in the field of justice. The processes of improving the efficiency of the communication system of bodies and institutions of judicial power, digitalization of judicial activity, ensuring public access, information availability and openness of judicial bodies are characterized.

Questioning Government Public Policies toward Indonesian Stateless Children in Malaysia

Millions of stateless statuses existed around the world, half of them are scattered in Asia expanding across several regions. The status and situation of the Indonesian stateless are so complex and to construe this situation causing the government to strengthen policies in protecting their rights is questioned. The purpose of this article is to observe how effective the implementation of Indonesian policies in protecting Indonesian stateless children who currently spread in several regions of Malaysia. The research was conducted in qualitative method approach on several legal and human rights provision added with field interviews, data collections and observations. As the issue is considered essentially for both Malaysian and Indonesia Governments and conditions surrounding the topic have complex multifaceted problems, struggles of law and political effort in line with economy and social hindrances that continually hinge around should be enforced. The result shows that more implications on the protection of rights for stateless children need to be persistently strengthened by using existing various conventions and governmental regulations. Also, social economic and political conditions in Indonesia and Malaysia are different making soluble alternative that fit countries needs is not tranquil to have.

Проблеми притягнення до кримінальної відповідальності за державну зраду в умовах війни в Україні

The full-scale invasion of the Russian Federation created new problems related to treason. The issue of treason is relevant in today's conditions, because it always remains a place for ensuring national security, sovereignty and inviolability of the state. Treason is a serious criminal activity that can bring colossal consequences for the future state. The article reveals shortcomings in the legislation associated with an insufficiently effective system of regulation, implementation and execution of punishments, research and analysis of the problems of criminal prosecution for treason in the conditions of war in Ukraine is carried out. Attention is focused on the issues of a fair trial, rights of protection of plaintiffs and compliance with international legal norms. The article examines the legal status and definition of treason in Ukrainian legislation, as well as statistics on the consideration of treason cases during the full-scale invasion of the Russian Federation. The article highlights the current problems of criminal prosecution for treason in the conditions of the war in Ukraine, which threatens the national security of the state - peculiarities and problems of implementation. . An important aspect is the determination of which specific actions can be considered treason and which interests of the state are violated. The issue of treason can become the subject of political manipulation and persecution. The state needs to maximally ensure the fair punishment of those citizens of Ukraine who commit criminal offenses against the national security of Ukraine in wartime conditions. The authorities must ensure adequate protection of national security and the ability to effectively respond to threats. Ukrainian legislation needs further work on improving the definition and application of the concept of treason, as well as providing legal guarantees to protect citizens from possible abuses.

Is There a Place for Indigenous Peoples and Local Communities in Climate Change Policy and Governance? Learnings from a Brazilian Case

The specialized literature, leading organizations, and international law, like the Paris Agreement, have increasingly recognized the relevance of Indigenous Peoples’ and Local Communities’ contributions to climate change adaptation. Despite this, few studies have investigated how their rights are considered in relevant public policies and decision-making processes. This article explores how the rights of protection and participation of Traditional Peoples and Communities are incorporated in climate- and environment-related public policy documents and examines how community members perceive their engagement in the drafting of those documents and their implementing agencies. For this purpose, it uses a Brazilian traditional community as a case study and undertakes a content analysis of a set of plans and programs applying to its territory and a series of interviews with local members. The findings reveal that while there are a few references to Traditional Peoples and Communities in the diagnosis parts of the plans and programs, they are scarce in substantive parts like objectives and measures. In addition, those references rarely relate to traditional knowledge. These results are also visible in local plans. Moreover, community members appear to feel poorly protected from climate change impacts, misinformed about these plans and programs, and overlooked when it comes to the insertion of their traditional knowledge of climate action measures into these plans and programs. The poor recognition of the protected status of these peoples and communities in the context of climate change highlights the need for a more sensitive and robust design of climate and environment-related plans and programs, ensuring the incorporation of their valuable contributions and traditional knowledge. Further efforts are required to acknowledge this gap and to better bridge the translation of international law into national and municipal plans, and programs, and effectively involve Traditional Peoples and Communities.

The Gap between the International Criminal Court and Victims: Criminal Trial Reparations as a Case Study

Although victims have the right to limited participation in trials and to seek reparations after sentencing, the legal structure of the International Criminal Court (ICC) prioritizes retributive justice over restorative justice and punishment over reparations. Thus, currently, although the perpetrators can be tried through the ICC, it is still difficult to obtain reasonable compensation for the damages suffered by the victims. On the one hand, the ICC’s reparation system may be restricted by the identity of the victim, ICC internal factors, and so on. The current structure of the ICC compensation system allows for hierarchical relationships between victims, while at the same time, there is tension between individual and collective types of compensation. These factors have led to a disconnect and gap between the protection of rights at the theoretical level and actual reparation. This dichotomy between the theoretical protection of the rights of victims and the real protection of victims in practice exists in the ICC. Victims are isolated from the field of vision due to potential repercussions. The idealistic illusion of justice is completed when the ICC stands on the stage and accepts the audience’s praise. However, for compensation in criminal courts, people are paying increasing attention to the legal process and content. In practice, the proportion of victims of international crimes is not low, and in some cases, victims are widespread. It can be seen that criminal compensation for victims is an issue that spans a vast range of people and regions. Nonetheless, there are still research gaps regarding reparation and other ideas of justice according to the ICC, how the ICC provides multifaceted safeguards for victims, and the limitations and influence of the mechanism of the ICC on the compensation of victims. Considering the above problems, this paper aims to analyze the International Criminal Court indemnity cases. This paper wishes to analyze reparations and other ideas of justice under the ICC, examining the approach of the ICC toward compensation for victims, where the ICC is heading regarding reparations for victims, how the reparations system works, and the advantages and disadvantages of the reparations system, as well as what are the potential problems of ICC related to reparations. What guarantees do the ICC’s mechanisms provide for victims to be able to receive reparations? How does the structure of the ICC reparations system conflict with victims’ reparations in practical terms? What are the potential obstacles and gaps between criminal trial reparations and victims? The first chapter wants to analyze the early Nuremberg tribunal, Tokyo tribunal, ICTY, and the ICTR by analyzing whether international criminal justice under these military tribunals was restorative justice or reparation justice and interspersed with analyses of reparation to victims under these tribunals. Then, it analyses it further about justice and reparation of the ICC, and it talks about the compensation for the victim and how the idea of compensation under the ICC has evolved. Using these arguments to analyze reparation and other different ideas of justice under the paly of ICC. The second chapter of the article analyzes the “participatate in trial for compensation”, “The limits of participating in trial”, “Safety protection for victims” to demonstrate the current protection and progress of the ICC system on the issue of victims’ compensation, this is because victims’ participation in the trial will bring a lot of help to the issue of compensation. The article analyses the significance and shortcomings of participation in a trial for compensation, which is necessary and meaningful to the issue of compensation because “participation in trial” and compensation are related and complementary to each other, as participation of the victims will bring a lot of help to the issue of compensation. The article analyses the section “Protection of the financial situation of victims: A possible alternative methods of reparation” because, to some extent, it can be seen as an alternative method of ICC compensation. The third chapter of the article hopes that by analyzing “Little compensation”, “The silence court put on victims’ rights of compensation”, “The ICC’s model of judicial administration remains optional” to argue and analyze how the structure of the ICC reparations system conflict with victim reparations in practical terms. Because the silence the court put on victims’ rights of compensation and the ICC’s model of judicial administration remains optional, both directly impact the issue of compensation. Chapter IV mainly aims to analyze some of the potential negative impacts of the ICC on victim reparations, specifically “The victim’s social death”, “Restrictions on “expression” between the victim and the court”, “Does the ICC hope to improve its attitude to victims?” to specifically analyze and argue these aspects of its potential negative impact on victim reparations. On this basis, this paper analyzes the gap between criminal trial reparations and victims to identify what negatives exist between the two.

"Healthcare should be the same for everyone": perceived inequities in therapeutic trajectories of adult patients with lung cancer in Chile, a qualitative study.

Globally, it has been reported that different social determinants of health affect health outcomes in lung cancer (LC). Research on the therapeutic trajectories of patients (TTP) is a novel field for identifying barriers and facilitators in health. The objective of this study was to reveal perceived differences in TTP with LC in Chile according to selected social determinants of health (SDH) and the experiences of patients, health professionals, and civil society leaders. This is a qualitative paradigm, one case-study design. Online semi-structured interviews were conducted with patients with LC, health professionals, and civil society leaders. The strategies for the recruitment process included social networks, civil society organizations, health professionals, and the snowball technique. A thematic analysis was carried out. Selected SDH impact LC's TTP in Chile, particularly concerning health system access, health services, information, and patient navigation experiences. The analysis of the experiences of the participants allowed us to identify barriers related to the selected SDH in three stages of the TTP: initiation, examinations, and diagnosis and treatment. Individuals with limited education, those residing outside the capital, women, and those in the public health system encountered more barriers throughout their TTP. Study findings suggest that being a woman with low education, from the public health system, and not from the capital might represent one of the most powerful intersections for experiencing barriers to effective healthcare in LC in Chile. It is necessary to monitor the TTP from an SDH perspective to guarantee the rights of access, opportunity, quality, and financial protection.

The Effect of New Technology on the Concept of “Direct Participation in Hostilities” in International Humanitarian Law

ABSTRACT
 This Research is about participation in hostilities particular civilian participation in international and non-international armed conflict. According to the International Humanitarian Law when civilians directly participate in hostilities, they loss their protection right. 
 Over recent decades, because of the continued advancement of technology, the nature of warfare has changed significantly, the current war fronts are something different from the earlier battle field. Modernization of the world differentiates the strategies of wars, methods of wars and planning of achieving the military benefits. Therefore, the earlier laws do not fit with the current war front.
 It is not true to say that only Direct Participation in Hostilities (DPH) can respond adequately to current forms of participation in conflicts because nowadays there are various types of participation in wars that may not fall within the concept of direct participation such as indirect participation in hostilities. Consequently, if applied the condition of direct participation to regard a person as combatant then what will be position of people who do not directly take part such as service men.
 To answer the research questions this academic paper will explains the notion of DPH. Also, this research focuses on the elements of the DPH and then the effect of new technology on the concept of DPH in International Humanitarian Law will be argued.

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

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

Recognition, citizenship and rights: the dilemma of India’s gender non-conforming communities in the light of the Transgender Persons (Protection of Rights) Act

ABSTRACT Recognition and citizenship issues play pivotal roles in understanding the complex interaction between different forms of inequalities. Citizenship should be treated as a practice intimately linked with individuals’ identities and rights, their sense of belonging and their actual nature of participation in the different spheres of their life. Exclusion is not just deprivation from the more tangible economic and social processes but also denying people their voice and their right to be unique. In this context, the Transgender Persons (Protection of Rights) Act concerning India’s transgender community lies within the crucial junctures of identity politics and the country’s legal and social structures. This work critically analyses the TG Act and raises few questions on the nature of recognition given to transgender individuals. Does a transgender person get citizenship that guarantees representation and equality? To what extent does the new Act do justice to the transgender community in living as a member of the society and not just as a product of ‘othering’? The paper concludes that recognition is not just for citizenship and identity rights – it is the right to be different but equal.