Claims For Recognition Research Articles

Subjective Identity and the Right to be Forgotten: A Multifaceted Claim in the Legal System

Abstract In the complex relationship between individual identity and its claims for recognition and protection by the legal system, the right to be forgotten is crucial, because it addresses a personal, social and legal definition of the individual as authentically as possible and highlights the uniqueness of each identity, with changes experienced in the temporal dimension. The lack of distinction in real life between the physical world and the analogue context traces new spatial and temporal coordinates, able to profoundly redefine the traditional categories of identity and difference, as well as to modify the usual dynamics of personal and social inclusion and exclusion, submitting identity to a process of dismemberment that makes the individual a complex ‘informational organism’. The multiple connections between the right to be forgotten and the protection of personal identity are confirmed by the most recent developments of European legislation and, in particular, in Italian jurisprudence, which outlines it as an identity claim in order to obtain a correct representation of oneself, resulting in the guarantee offered by the legal system of reconfiguring one’s telematic image. This describes an evolving and comprehensive right capable of protecting the originality of the individual and his/her representation and relationships.

Immigrant Solidarity Amid the COVID-19 Crisis in Italy: Forms of Help, Intergroup Solidarity, and Recognition

AbstractItaly was the first Western country to be severely affected by the COVID-19 pandemic. Within it, immigrants have played an important role as essential workers and throughout solidarity initiatives. The present article is based on 64 in-depth interviews with immigrants who engaged in solidarity actions directed toward the immigrant population and the host society during the COVID-19 pandemic. Analytically, it emerged that through solidaristic initiatives, immigrants articulated what we called ‘claims of recognition.’ Recognition here is considered in both its individual form, as interpersonal acceptance and esteem for single immigrants, and its collective form, as the social regard of immigrant groups as constituents of Italian society. Despite being perhaps 'elementary,' these claims aim to fight forms of both non-recognition and mis-recognition that are pervasive in Italy and aim to transform the symbolic 'fabric' of this country.

Evaluative Concepts of Inheritance Law Through the Prism of Harmonization of Private and Public Interests

Problem statement. The article examines various evaluative concepts of inheritance law from the point of view of reflecting private and public interests in them. Research on this topic is very rare. The purpose of the work is to study the evaluative concepts of inheritance law for their compliance with the achievement of both private and public interests. Objectives of the article: 1) research of doctrinal views on private and public interests, as well as on the question of the private and public legal meaning of the right of inheritance; 2) analysis of specific evaluative concepts of inheritance law; 3) identification of the value of evaluative concepts of inheritance law in the harmonization of private and public interests. Research methods: dialectical, analysis, synthesis, formal legal. Conclusions. The combination of private and public interests manifests itself very vividly in such an eval- uative concept as “a decent funeral”. Evaluative concepts related to burial also take place in foreign legal systems. In such an evaluative concept as “malicious evasion” of heirs by law from fulfilling the duties of the testator's maintenance that lay on them by virtue of the law, on the one hand, the private interests of the person filing a claim for recognition of the heir as unworthy are protected (as a rule, these are other heirs whose share in the inheritance mass increases when their claims are satisfied). On the other hand, they are public, since the presence of negative consequences in the law for the heir who maliciously evades the fulfillment of the duties of the testator’s maintenance encourages him to change his behavior and maintain a positive behavioral model in the public consciousness.

Protection of the Interests of a Former Family Member-Owner of a Privatized Residential Premises

The legislation of the Russian Federation enshrines the right of a former family member-owner of a privatized dwelling premises who gave his consent to privatization in favor of another person (a person who did not take advantage of privatization) to live in a dwelling dor an indefinite period. The nature of this right is not clearly defined and is the subject of numerous doctrinal discussions. Protection of the interests of the authorized person is controversial. As a result of the analysis of judicial practice, the author highlights the main ways to protect the rights of a person who did not take advantage of privatization and concludes that he has an access to such property lawsuits as a negatory claim (including the order to move into a residential building), and a claim for recognition of the right. The paper determines the approach according to which the right of a person who did not take advantage of privatization, along with the rights to live in a residential premises on the basis of a testamentary refusal and on the basis of a contract of lifelong maintenance with a dependent, by its legal nature represents a limited property right to live in someone else’s residential premises, namely, habitation, which, in turn, is a kind of the rights of personal use or usufruct.

African city diplomacy in global climate mobility debates

AbstractWhile researchers have paid growing attention to transnational city engagement in both the policy fields of migration and climate change, there is a dearth of studies exploring how cities claim agency and start acting in emerging global climate mobility debates. Moreover, city diplomacy research tends to focus predominantly on city actors from the global North. We aim to address this research bias and advance academic debates by exploring African city diplomacy in global climate mobility debates. Specifically, we examine the question: How do African cities claim recognition as relevant actors in global dialogues on climate mobility, and what kind of action do they take? To find answers, we draw on a role theory framework analysing empirical research undertaken within an international, interdisciplinary research project.

Захист майнових прав подружжя при здійсненні ним прав на корпоративний пай як об’єкт права спільної сумісної власності

The article analyses the legal nature of a share in the authorized capital of a business entity (corporate share) as an object of civil rights. It identifies practical ways to protect the property rights of spouses to a corporate share in cases where it is an object of joint ownership. As a result of the study, the author came to the following conclusions. 1. A share in the authorized capital of a business entity (a corporate share is an object of civil rights that are free in civil turnover, and therefore, it can be both an object of rights in rem and a subject of obligatory rights. Suppose one of the spouses contributes to the charter capital of a business company at the expense of the marital property. In that case, the corporate share belongs to the spouses on the right of joint ownership. 2. The choice of an adequate remedy will depend on the object of the legal relationship in which the corporate share is involved. If the right to a share is violated, unrecognized, or disputed within the framework of a legal relationship, then the appropriate remedies will be in rem. If the right to a corporate share is violated in a legal relationship of obligation, it can be protected using legal methods of obligation. 3. The substantive methods of protecting the rights to a corporate share as an object of the right of marital property include a claim for recognition of the right to a corporate share, a claim for division of a corporate share, vindication, and adverse claims. 4. Obligatory remedies for the protection of rights to a corporate share as an object of marital property include a claim for recognition of a transaction based on which rights to a share in the charter capital were transferred to a third party as invalid if it was made without the consent of the other spouse. However, the court may only satisfy such a claim if the counterparty to the transaction is in bad faith. In other cases, the spouse whose share was alienated without the consent of the other spouse is entitled to compensation of half the value of the corporate share from the other spouse. 5. In case a spouse who is not a member of a business entity receives compensation instead of dividing the share in kind, the market value of the corporate share determines the amount of compensation. Keywords: marital property right, corporate share, share in the authorised capital of a business entity, remedies, property division agreement, property rights, rights in rem, obligatory rights, authorised capital, corporate rights.

The Right of the Consumer to Protect Personal Data and its Implementation

Relevance. The article discusses ways to protect the personal data of the consumer as their subject. It is noted that the risk of violation of the rights of this category of citizens has increased significantly in the era of digitalization. Legislative novelties proposed by the scientific community concerning the recognition of personal data as a personal non-property good are analyzed. Based on the generalization of judicial practice, approaches to assessing the illegality of processing, distribution or use of other people's personal data in decisions on claims for recognition of such actions as violating the provisions of civil legislation are shown. The purpose of the study is to supplement scientific knowledge about ways to protect consumer personal data and improve the quality of law enforcement practice when considering claims in cases of this category. Objectives: to analyze the practice of the Constitutional, Supreme Courts of the Russian Federation, courts of general jurisdiction in cases of consumer personal data protection and to identify problems related to the implementation of this right.Methodology. When writing the work, methods of analysis and synthesis, system-analytical, documentary and formal legal methods were used. The results of the study are theoretical and applied in nature and are aimed at finding optimal solutions for the effective implementation of the consumer's right to personal data protection. The issue of legislative recognition of a person's personal data as a personal intangible good is raised in order to ensure proper restoration of violated rights.The conclusions made in the article, as well as the proposals made, are aimed at continuing scientific developments on the stated topic, are of a debatable nature and allow for a uniform way to resolve problems arising in the implementation of the consumer's right to personal data protection. Conclusion and proposals are aimed at continuing scientific developments on the stated topic, are of a debatable nature and allow solving problems arising in the implementation of the consumer's right to personal data protection in a uniform way.

Racial Exclusion by Bureaucratic Omission: Non-Enumeration, Documentary Dispossession, and the Rohingya Crisis in Myanmar

Abstract This article traces the bureaucratic bases of the Rohingya crisis in Myanmar. I draw on ethnographic fieldwork and interviews with Rohingya activists to elucidate the political struggles and competing archival logics surrounding their disenfranchisement and displacement. I explain a curious shift in the past decade in Myanmar’s approach to managing the Rohingya population, whereby longstanding strategies of legally-encoded racial exclusion gave way to moves to withhold and contract the state’s administrative reach: 1) the repudiation of the Rohingya category in the 2014 census; and 2) the dispossession of documents leading up to the 2015 elections. I develop the concept of “bureaucratic omission” to reveal an alternative mode by which the state’s symbolic power can be accumulated and exercised. In the wake of new claims-making pressures during Myanmar’s short-lived democratic opening, state officials nullified Rohingyas’ claims for recognition as citizens by depriving them of the material evidence to support these claims. In response, Rohingya activists invoked this same epistemic power of documents, leveraging archival sources and documentary vestiges to build their own historical counternarratives of indigenous belonging. By protagonizing stateless Rohingyas, I provide insight into top-down administrative efforts to un-make race and into how minorities can contest these omissions.

Disability Policy Meets Cultural Values: Chinese Families of Children and Young People with Developmental Disabilities in Taipei and Sydney

ABSTRACT Supporting families of people with developmental disabilities from culturally diverse backgrounds is receiving increased attention in the era of globalisation. However, there is little information about how disability policy and cultural values work together to support families. This article examined how disability policy and Chinese cultural values influence family care of children and young people with developmental disabilities. By comparing qualitative interview data from Chinese families in Taipei (15) and Sydney (10), we analysed how their expression of cultural values in family care differs by policy context, relative to ethics of care claims for recognition, rights and redistribution. We found that positive expressions of Chinese culture in family care fade if policies do not complement them. Policies can alleviate potential tension with cultural values in three ways: reinforcing family capacity to care; ensuring the rights of both family caregivers and people with disabilities; and extending care choices for families. These approaches resonate with ethics of care principles. We argue that culturally responsive disability policy for families means working with cultural values to achieve ethics of care. This implies that incorporating principles of ethics of care could inform cultural responsiveness in disability policy development.

Belonging and Otherness in Postmigrant Society: Experiences of Young Women of Turkish Background in Germany

The social position of women of Turkish background has often been questioned on the basis of the dominant societal perception imaging them as being isolated in the domestic sphere, oppressed by traditional, cultural, and patriarchal norms, and thus unable to integrate into the broader German society. Although the younger-generation women, born and/or raised in Germany as children of Turkish migrant workers, to a great extent actively participate in public life via education and the job market, at a discursive and social-relational level they are still often perceived and categorized as the non-German and the non-European Other. This paper takes a closer look at the gendered and racialized experiences of young women of Turkish origin by paying special attention to how othering relates to belonging in the postmigrant social context in Germany. On the basis of ethnographic field data collected via in-depth and expert interviews, it intends to engage in a critical-reflexive discussion from the perspective of a social group that has long been imagined as dwelling at the margins of society. Drawing upon recent discussions on the culturalization of migration (and integration) issues, the paper traces the current articulations of the culturalized perceptions of ‘the Turkish woman’ through the reflections of young women of Turkish origin, and discusses belonging in light of their experiences of exclusion and otherness. Taking a critical approach to studying the concept of integration as a discursive historical process, the paper suggests that the self-positionings of the research participants have been substantially affected by the mainstream integration-centered discourse and its interfaces with othering. However, young women’s active and subversive ways of dealing with these exclusionary discourses and practices point to a rather critical view of belonging, articulated through a stated consciousness of the past and present context, and claims for recognition in postmigrant Germany.

Religious Diversity, Islam, and Integration in Western Europe—Dissecting Symbolic, Social, and Institutional Boundary Dynamics

Religious diversity and, in particular, the presence of Islam is often perceived as a threat to national solidarity and social cohesion across Western Europe. Reviewing and synthesizing compartmentalized research literature on religion and immigrant integration, this article scrutinizes symbolic, social, and institutional boundary processes and their underlying micro-level mechanisms. First, it showcases the relative brightness of religiously coded symbolic boundaries that is sustained by anti-Muslim prejudices among the majority as well as by the intergenerational transmission of Muslim religiosity. Second, it discusses whether and how religious differences translate into social boundaries, through both discrimination and religiously based (self-)segregation on the labor market, in education, and in social networks. Third, it traces how interactive sequences of Muslims’ claims for recognition and public policy responses have led to institutional boundary shifts under the influence of constitutional law and European human rights and anti-discrimination directives. The article concludes by discussing scenarios of how macro-level processes of symbolic, social, and institutional boundary transformation interrelate, thus raising broader questions on religious diversity and integration in Western European nation-states.

“Mera Jamia, Mera Ghar”: The corporeal collective willfulness of young Muslim women at Jamia Milia Islamia University

AbstractPassed in December 2019, the Citizenship Amendment Act intensified Hindu majoritarian rule, emerging as another legal measure to systematically deny citizenship to Muslims and other minoritized populations. These legislations were met by protests which were responded to by police violence. Young Muslim women at Jamia Milia Islamia University followed the lead of elders in Shaheen Bagh, crafting an intergenerational feminist‐led protest which emerged at the forefront of resistance efforts. This article attends to young women's spatiotemporal claims of recognition and belonging. Dwelling on the collective and corporeal nature of their engagement, I highlight the theoretical significance of this unwavering collective still presence that characterizes their participation. In an India that increasingly questions their belonging, these student protesters craft home as an expanded political site. They make embodied claims to the university, public space, and by extension, the nation, as home.

Labours of division: Legitimacy, membership and the performance of business knowledge

The idea(l) of ‘legitimate peripheral participation’ remains at the heart of debates over the nature and potential of communities of practice. Yet the question of how the legitimacy or otherwise of participation is actually established is seldom addressed. In this article, we focus on ‘legitimacy’ as figure instead of ground. We attend to the ‘displays of competence’, and their associated ‘labours of division’, by means of which ‘practitioners’ claim recognition and are made recognisable to each other as members, or non-members, of an ‘us’. We seek to understand how members come to recognise particular ‘doings’ and forms of knowledge as belonging (or not belonging) to a particular practice. How is the common ‘domain’ (communis) of practice settled (or un-settled) in the course of specific performances of membership? Empirically, the article draws upon a 2-year investigation of how community of practice boundaries and participation were negotiated in ‘UltraGlass Plc’, a multinational manufacturing company, and specifically of the failure of ‘community’ to cohere around practices.

Dammed Waterways and a Colonial Legacy: Statutory Law-Making in the Conservancy of Indian Fisheries, 1867-1897

Abstract Through an exploration of events that unfolded from the earliest calls for conservancy of Indian fisheries under the British colonial government in 1867 to the passing of a statutory law in 1897, we argue that colonial law-making was a non-linear and complex evolutionary, rather than transformational process. The basis and blueprint for a statutory law in India can be traced to similar concerns in the over-exploitation of riverine fish in Britain as well as to the implementation of Indian forest laws at about the same time. Moreover, the process had to deal with personalities and their claims for recognition while the colonial government sought legitimacy to exert control over resources by appointing highly competent and commended individuals. Concerns over food security as well as the possibility of resistance of the local population could have impelled the need for caution in implementing statutory laws, which may have ultimately resulted in a delay of three decades before the Indian Fisheries Act was finally passed in 1897.

Why recognition? Deciphering justice claims in 2016 Anglophone Crisis in Cameroon

ABSTRACT Scholars attribute the 2016 Anglophone Crisis in Cameroon to systematic marginalisation of the English-speaking minority whose rights are constitutionally guaranteed but remain violated. However, marginalisation fails to explain why the peaceful-Independent Anglophone Elites (IAEs), consisting of lawyers, teachers, civil society organisations and Anglophone associations at home and abroad, who stood behind the 2016 Crisis, refused to bolster claims over economic redistribution or political representation. Instead, in 2016 they chose to engage in the struggle for self-determination and recognition of the Anglophone identity. Through Nancy Fraser's identity model and in-depth interviews with IAEs, we show that they perceived the recognition claim and a return to a federal state as a guarantee not only to the survival of the IAEs, but also to the solution of other forms of injustices, such as misrepresentation, misrecognition, and maldistribution.

The development of an insolvency privilegle for derivatives in German law

The article outlines the development of insolvency privilege with respect to derivatives under German law in its historical perspective. It traces the evolution of special privilege from the moment when it was first announced in the German insolvency statute (Insolvenzordnung) and came into force on August 1, 1994, up to the moment when legislative provisions securing the functioning of derivatives in insolvency context were amended in response to the 2016 Federal Court of Justice Verdict. This court ruling ended the long-standing consensus on “friendliness” of the German insolvency law to derivatives and other financial transactions. German highest court concluded that contractual clauses on the termination of obligations under derivative contracts in the event of bankruptcy are invalid unless their legal result is identical to the one prescribed by law. This court decision created significant legal uncertainty for recognition of claims under derivative transactions and directly influenced the use of standard master agreement for over-the-counter derivatives. Drafted under the auspices of the German Banking Union (GBU), an organization representing the interests of German financial institutions, German Master Agreement for Financial Derivatives Transactions ( Deutscher Rahmenvertrag fur Finanztermingeschäfte ) provided a contractual framework for the relevant market, and it came under significant pressure. Overall, German insolvency rules were significantly enforced to achieve the enforceability of close-out netting thus expanding the insolvency privilege for derivative transactions.

Twins as a Minority: A Minority Building Perspective

Not all numerical minorities classify as ‘minorities’ in any political or legal sense, even when they possess easily definable biological or social characteristics. Twins are an example of such a group. The article discusses minorities as the result of minority building, i.e., a process through which some specific human characteristic becomes the basis of group identity, networking, mobilization, and claims on rights and recognition. It presents some of the existing discourse and research on twins as a biological and social category. Subsequent sections inspect twins’ potential claims and mobilization. Many of the claims refer to our culture’s treatment of twins as one social unit, and to the assumption of a ‘special bond’ between them. Although probably not a biological reality, it is a strong social reality with effect on twins’ lives. The idea of the ‘special bond’ conflicts with the prevailing Western discourse on individual personhood and agency. Not unlike other such efforts, a possible twins’ activism would need to find a balance between essentialist and constructionist definitions of the group. The essentialist discourse is part of the claimed problem, but at the same time, it may be necessary in order to legitimate the minority’s claim for recognition. Twins are hardly a repressed minority, but there are specific situations in which they could claim for recognition and more sensitivity.

Институт недостойного наследника: гражданско-правовые и уголовно-правовые аспекты

The purpose of this study is to form a holistic scientific understanding of the features of the institution of an unworthy heir in the Russian Federation. The article is devoted to the problem of recognition of an unworthy heir, a comparative legal analysis is given and the criteria for recognizing an unworthy heir are identified. The author substantiates the need to separate the motive of the committed offense and its connection with inheritance. The behavior of an unworthy heir can be expressed in the form of both action and inaction, which is also unlawful, intentionally direct. The paper makes a provision that the result of recognizing a person as an unworthy heir should not be the impossibility of inheriting the property of other persons. The author also proposes to establish a deadline for filing a claim for recognition of a person as an unworthy heir within five years from the moment such a person came into possession of the inheritance.

Russian Non-Bolshevik Diplomacy and the Issue of International Recognition of the White Movement in 1918-1920

Gaining international recognition for the White Movement was the most important foreign policy task of the Russian non–Bolshevik diplomacy. The article traces the evolving discourse of career diplomats considering this issue at different stages of the civil war. It shows their deep patriotism, professionalism, and persistency in carrying out the task. However, when the allies did not share the slogans of the White Movement, the possibilities for finding common ground were very limited. At the first stage (summer-autumn 1918), diplomats were cautious about the claims for recognition of numerous Russian non–Bolshevik governments. In the second stage (1918 – 1919), the issue of recognition played a unique role – participation of Russian representatives in the peace conference, and therefore in determining the configuration of the post-war world, depended on its success. The resolve of the diplomats to defend the Russia’s national interests did not suit foreign powers, who did not share the movement's slogan about restoring a united and indivisible Russia, its power, and its position in the world. At the third stage (spring-summer 1920), diplomats, loosing hope for military victory of the White Movement in the civil war, withdrew from the direct involvement in seeking international recognition for the Movement. However, they provided all possible technical support to the head of the Department of External Relations of the Wrangel Government, Peter B. Struve, who assumed this mission. France's recognition of the Sevastopol authorities in the summer of 1920 was limited, did not involve active military assistance, and caused justified skepticism in diplomatic circles.

Intersex Interventions as Human Rights Violations: The European Court of Human Rights Sets Out Guiding Principles in M v France

In 2022, the European Court of Human Rights, for the first time, signalled that it regards non‐consensual interventions on intersex individuals which are not motivated by medical necessity as human rights violations. This case note argues that the admissibility decision in question, M v France, albeit ruled inadmissible on procedural grounds, constitutes an important step towards binding supranational human rights standards, particularly regarding torture and ill‐treatment. While M v France could inspire intersex people to further their claims as strategic litigation, the note reflects on the central questions invoked by the Court's decision and some of the legal hurdles that intersex people may face when approaching courts with claims for recognition and redress.