Respect For Individual Rights Research Articles

Legal Impact Of Catcalling Perpetrators And Physiological Impact On Victims In Indonesia

This article aims to provide a comprehensive understanding of the legal framework related to catcalling perpetrators and their physiological impact on victims in Indonesia as well as more effective law enforcement efforts in tackling this phenomenon. The focus is on increasing awareness of legal protection for victims and supporting stronger law enforcement against perpetrators of catcalling. In the research context, catcalling often occurs in open public places, especially with the majority of victims being women who wear the hijab. Forms of catcalling include comments, teasing, gestures, and touching. The research method used is qualitative with a literature review study approach. Data regarding catcalling cases was obtained from the researcher's personal experience, supported by journal research highlighting similar cases in Indonesia. Catcalling is a serious form of sexual harassment, with detrimental impacts on victims such as feelings of insecurity and emotional stress. Strong legal protection, public awareness, and more specific regulations are needed to address this problem effectively. With these steps, it is hoped that we can create a safer environment and respect individual rights. In order to deal with the problem of catcalling, there needs to be a synergy between strengthening the existing legal framework, outreach campaigns, and improving regulations governing behavior in public spaces. In addition, the importance of support from authorities such as the police and other law enforcement agencies to ensure that catcalling cases are handled seriously and fairly. In addition, there is a need for a holistic approach that involves providing psychological and social support for victims to help them recover from the impact of the trauma they may have experienced. Overall, efforts to overcome the catcalling phenomenon require collaboration between the government, the community and various other stakeholders. Only with comprehensive and coordinated measures can we create a safer environment that respects individual rights, and prevent the recurrence of catcalling cases in the future.

BALANCING IDENTITY AND LIBERTY: A COMPREHENSIVE ANALYSIS OF LIBERAL NATIONALISM

Nationalism studies examine political and cultural nationalism as fundamental frameworks for understanding nation-building and identity formation. Political nationalism emphasizes the importance of sovereignty, self-determination and governance structures that support these principles. In contrast, cultural nationalism focuses on preserving and promoting shared heritage, language and traditions that define a community’s distinctive identity. Liberal nationalism, on the other hand, seeks to balance collective identity with the protection of individual rights and freedoms and seeks to harmonize these elements in a democratic context. Leading thinkers such as Yael Tamir, David Miller and Will Kymlicka have engaged in rigorous debates about the merits and challenges of liberal nationalism. These thinkers address the complexities and tensions that arise in different and pluralistic contexts regarding liberal nationalism and explore its potential to promote inclusive and harmonious societies. One critical debate focuses on the applicability of liberal nationalism, particularly in societies with significant ethnic, cultural and religious diversity. This article aims to fill an important gap in the literature by providing a comprehensive analysis of the strengths and weaknesses of liberal nationalism. It compares this ideology with other forms of nationalism, such as ethnic and civic nationalism, providing a nuanced understanding of its distinct features and potential benefits. The article also assesses the applicability of liberal nationalism through literature reviews. By examining the theoretical foundations and practical implications of liberal nationalism, this study offers a perspective on its role in contemporary democracies. It highlights how liberal nationalism can be a viable framework for nation-building that respects collective identity and individual rights and offers a balanced approach to governance in increasingly diverse societies.

IMPLEMENTASI PENDIDIKAN AGAMA ISLAM HUMANISTIK DALAM PEMBELAJARAN BERDIFERENSIASIDI SMP ISLAM SUDIRMAN 2 SALATIGA

This research aims to describe how Humanistic Islamic Religious Education (PAI) is implemented in differentiated learning. Apart from that, this research also wants to know the factors that support and hinder teachers in implementing Humanistic PAI, as well as its impact on differentiated learning.This research uses a qualitative method with a descriptive approach. Data collection was carried out through observation, interviews and documentation. Data sources are divided into two, namely primary data and secondary data. Data analysis involves data reduction, data presentation, and verification.The research results show that Humanistic PAI is a learning process that places humans at the center, respects individual rights, and creates an Islamic learning environment. Teachers can change content, processes, products, and learning environments according to student needs. Supporting factors include student enthusiasm, social media, and learning applications. Meanwhile, the main obstacle is the lack of active participation of some students. The implications of differentiated learning are the fulfillment of students' learning needs, the formation of P5 character, and the recognition of students as lifelong learners with the ability to take initiative, creativity and innovation.

PRESUMPTION OF INNOCENCE AND TERMINATION OF CRIMINAL CASES ON NON-REHABILITATING GROUNDS

The principle of the presumption of innocence enshrined in the Constitution of the Republic of Kazakhstan is the main guarantee of respect for individual rights and the implementation of the law. Compliance with this fundamental principle serves as an indicator of the state of legality in society. Despite the significance and relevance of the topic of the presumption of innocence, it still raises many questions related to the interpretation and application of this principle. The article provides a classification of the institution of termination of a criminal case, considers rehabilitating and non-rehabilitating grounds, and identifies the problem of the relationship between the institution of termination of a criminal case on non-rehabilitating grounds and the principle of the presumption of innocence. Various points of view on the relationship between the principle of the presumption of innocence and the institution of termination of criminal cases on non-rehabilitating grounds are examined, and proposals are presented on the conformity of the principle under consideration and the institution of termination of criminal cases on non-rehabilitating grounds. As a result of the conducted research, the author comes to the conclusion that there is no contradiction between the presumption of innocence and the termination of a criminal case on non-rehabilitating grounds. When a criminal case is terminated on non-rehabilitating grounds, the guilt of the person is not established, but the refusal of the criminal prosecution authorities to continue criminal prosecution is established. Keywords: presumption of innocence, principles of criminal procedure, rehabilitating and non-rehabilitating grounds, termination of criminal case, criminal prosecution, guilty verdict, pre-trial investigation.

Desafios e perspectivas na judicialização da saúde na América Latina: considerações sobre o fenômeno no Brasil e na Colômbia

Objective: The present study aims to understand how the judicialization of health develops as a global phenomenon, with particular emphasis on Latin American contexts, considering Brazil, and Colombia. Methodology: A literature review methodology supported by the Preferred Reporting Items for Systematic Reviews and Meta-Analyses tool was adopted. The research was conducted using specific descriptors, and search strategies were carried out in the PubMed, MEDLINE, Lilacs, SciELO, CRD, CDSR, BVS, and BIREME databases. Articles published between 2010 and 2024 that discuss the judicialization of health, considering Portuguese, Spanish, or English languages, were selected. Results: The search resulted in 455 articles, of which 18 met the inclusion criteria. The analysis of the selected articles reveals the need for balanced solutions that respect individual rights without compromising the accessibility and quality of collective healthcare. The challenges imposed by judicialization are highlighted, such as issues of equity, financial sustainability of health systems, and resource prioritization. Conclusion: It concludes by emphasizing the importance of a multidisciplinary approach involving legislative adjustments, improvements in health system management, health education, and the promotion of equitable public policies. Submission: 05/29/24| Review: 08/16/24| Approval: 08/16/24

NEED OF UNIFORM CIVIL CODE AND ITS PROSPECTIVE C]CHALLENGES

The debate surrounding the need for a Uniform Civil Code (UCC) in India is as old as the republic itself. This abstract explores the rationale for a UCC and the significant challenges it presents. A UCC is perceived as a means to foster legal uniformity, uphold principles of gender equality, and strengthen secularism in the diverse socio-religious landscape of India. The study also delves into the anticipated roadblocks that may hinder the formulation and implementation of such a code. Challenges that may hinder the implementation of a UCC include political resistance, cultural and religious sensitivities, and concerns about minority rights. The existence of a multi-religious and multicultural society complicates the adoption of a one-size-fits-all approach. Political parties often hesitate to champion the cause of a UCC, given its potential to alienate religious and community groups, which can affect electoral outcomes. Further complications arise due to the constitutional framework of India. While Article 44 of the Indian Constitution calls for the enactment of a UCC, Article 25 guarantees the freedom of religion. This juxtaposition creates legal complexities when attempting to reconcile the demands of a UCC with the constitutional rights of religious freedom. This article highlights the pressing need for a Uniform Civil Code in India to ensure gender justice and equality. However, it is vital to acknowledge the complex challenges posed by political, cultural, and religious factors that have thus far hindered its implementation. Striking a balance between these considerations and devising a UCC that respects individual freedoms and rights, while adhering to the principles of justice and equality, remains a formidable task.

Humanity and Justice: Exploring Human Rights in the Context of Islamic Law

This study explores the relationship between the concepts of humanity, human rights, and social justice in the context of Islamic law. Using the method of literature study and comprehensive literature analysis of the results of previous studies. This study aims to outline how Islamic law recognizes human dignity, protects individual rights, and promotes social justice. The results of this study reveal that Islamic law has a strong foundation in the principles of humanity, human rights, and social justice. Islamic law recognizes human dignity, integrates individual rights, and encourages the protection of the vulnerable. This concept creates a strong moral foundation for achieving a more just and inclusive society. In an increasingly connected and diverse world, a deep understanding of the relationship between Islamic law and Human Rights is key to promoting tolerance, mercy, and peace. With constant dialogue and thoughtful implementation efforts, Muslim societies can play an important role in building a better world that respects individual rights without forgetting the precious values of religion.

Gobierno digital y el manejo de datos sensibles en la ejecución de políticas públicas: desafíos y posibilidades.

The research aims to investigate the characteristics and risks associated with the handling of sensitive data in the implementation of public policies within the digital government model. To achieve this, a hypothetical-deductive method and bibliographic and documentary procedures are employed, proposing an interdisciplinary discussion on technological advancement, data protection, transparency, and public policies. The justification revolves around the importance of a comprehensive, cohesive system that genuinely protects sensitive personal data, considering the need to keep pace with technological developments and maintain a minimum level of security in the digital age at both national and international levels. There is no doubt that the judicious and strategic use of data has the potential to drive substantial improvements in policy evaluation, decision-making, and the relationship between government and citizens. However, dealing with personal data also means addressing risks with responsibility, transparency, and respect for individual rights.

Human Rights in the Era of Surveillance: Balancing Security and Privacy Concerns

In today's rapidly evolving digital landscape, the delicate equilibrium between security imperatives and the protection of individual privacy is under intense scrutiny. This abstract explores the multifaceted challenges posed by the proliferation of surveillance technologies and their impact on human rights. As governments and corporations harness the power of surveillance for security purposes, concerns over privacy violations, data breaches, and potential abuses of power have come to the forefront. This abstract delves into the evolving legal and ethical frameworks governing surveillance practices, highlighting key debates and global perspectives. It also examines the implications for fundamental human rights such as freedom of expression, privacy, and assembly. By examining case studies, emerging technologies, and international efforts to strike a balance between security and privacy, this abstract seeks to shed light on the complex dynamics of this contemporary issue and proposes potential avenues for reconciling these often conflicting interests. Ultimately, it calls for a thoughtful and inclusive dialogue that can guide the development of responsible surveillance policies that respect individual rights and uphold the principles of a free and democratic society.

The Legal and Human Rights Challenges of Interfaith Marriage in Indonesia

Objective: This research aims to analyze the legal rules on interfaith marriage in Indonesia in relation to human rights, and whether there are any aspects of human rights violations or conflicts arising from the absolute prohibition of interfaith marriage without exception, as clarified by the Supreme Court Circular (SEMA) No. 2 of 2023, which provides a more detailed interpretation of the rules in the Marriage Act No. 1 of 1974 and the Compilation of Islamic Law (KHI) No. 1 of 1991. Theoretical Framework: The right to freedom of religion and the right to form a family are integral aspects of human rights and also Islamic teachings. The absolute prohibition of interfaith marriage by the Supreme Court Circular (SEMA) No. 2 of 2023 is considered by some religious followers to be in conflict, thus encountering resistance from a segment of society. The theories of the Universal Declaration of Human Rights (UDHR), pluralism of applicable legal rules, and differences in the understanding of religious figures themselves are utilized as foundational theories to examine challenges to the implementation of law and the UDHR in Indonesia, determining whether these legal rules still leave room for conflicts. Method: The study employs a normative legal research methodology. Data is acquired through an extensive review of relevant legal frameworks, doctrines, and pertinent literature. The acquired data is then subject to qualitative analysis techniques for thorough examination and interpretation, ensuring a comprehensive understanding of the subject matter. Results: The findings of the study indicate that the legal rules on interfaith marriage in Indonesia have the potential to cause several aspects of human rights violations or conflicts, especially the right to freedom of religion and the right to form a family. This is because these rules restrict the individual's freedom to choose a religion and form a family with someone of a different religion without exception. The absolute prohibition of interfaith marriage, as upheld by SEMA No. 2 of 2023, further exacerbates these concerns by creating a legal vacuum that leaves interfaith couples without legal recognition and protection. Conclusion: One of the primary functions of law and regulations is to safeguard society, protect their rights, and regulate human activities fairly to achieve harmony and prosperity in the life of the nation and state. However, this objective will not be achieved if the legal rules in place still leave injustice and a lack of protection for the fulfillment of citizens' fundamental rights. Therefore, further regulation is needed to find solutions to overcome this problem. The adoption of a more nuanced approach to interfaith marriage, one that respects individual rights and accommodates religious diversity, would be a significant step towards ensuring human rights protection in Indonesia. For instance, providing dispensation for Muslim men to marry non-Muslim women (Christian or Jewish) if they are deeply in love, approved by both families due to their belief in living harmoniously and peacefully. There is concern that the intense love shared between them might lead to one of them taking their own life if separated, or due to the difficulty of finding a Muslim woman in non-Muslim-majority countries when the man is studying abroad, among other reason.

Perception and Insights Regarding Development Basics among University Students: An Analysis of BAU and JKKNIU

The concept of development has been adopted by professionals and academics to demonstrate improvements in the quality of life for people in communities, countries, and geographical areas. Throughout history, the practice of development has been associated with actions and categorizations that have had the opposite effect on poor regions and countries. Current conceptions of development focused on respect for individual rights, human freedoms, environmental sustainability, health and well-being, and education have proven more effective in improving the lives of individuals. This paper represents the perceptions and insights of university students regarding the fundamentals of development. The study was carried out with the participation of hundred undergraduate and graduate students from two public universities in Mymensingh. This research was based on a survey in which respondents were given a questionnaire to assess their perceptions and insights on development. The findings of the analysis revealed that respondents have positive perceptions and insights across all development dimensions—social, economic, and environmental—with the economic and social concerns.

NON-VIOLENT CRIME VICTIMS’ PERCEPTIONS OF POLICE BEHAVIOR, LEGITIMACY, AND ITS INFLUENCE ON COOPERATION WITH POLICE OFFICERS IN ANGELES CITY

This research explores the perceptions of trust, legitimacy, and cooperation with the police among victims of non-violent crimes in Angeles City, Philippines. Grounded in Tylers theoretical framework and Procedural Justice Theory, the study examines how these factors influence non-violent crime victims willingness to cooperate with law enforcement. It assesses how victims views of police response relate to their perception of police legitimacy. The research employs a quantitative approach, utilizing descriptive surveys and correlation analysis. A referral sampling method is used to access reluctant participants. Data is collected through a survey checklist questionnaire with Likert scale items. Statistical tools, including mean, percentage, standard deviation, variance, and Pearsons correlation coefficient, aid in data analysis. This study sheds light on the dynamics between crime victims, police behaviour, and perceptions of legitimacy, informing policy decisions in the realm of law enforcement. This research delves into public perceptions of procedural justice and its impact on trust and cooperation with law enforcement agencies. Findings reveal a prevalent negative perception of procedural justice among the general population, significantly diminishing trust in authorities and fostering a sense of inadequate respect for individual rights within the justice system. The study uncovers mixed feelings about cooperating with the police, indicating a prevailing reluctance to engage actively. Moreover, the research highlights the importance of aligning law enforcement agencies moral values with those of the community to enhance perceptions of legitimacy. Policymakers are urged to devise comprehensive strategies to improve police performance and bolster public trust, considering diverse societal and cultural dynamics. The study emphasizes the need for further research to unravel the complexity of public perceptions and enhance community-police relations, ultimately fostering a more just and equitable society. KEYWORDS: Trust, Legitimacy, Cooperation, Perceptions, Non-violent crimes

INTERNATIONAL CRIMINAL POLICE ORGANIZATION (INTERPOL): HISTORY AND CURRENT TRENDS OF ACTIVITY

The article deals with the historical milestones of the International Criminal Police Organization as well as the current trends in its activity. The main historical prerequisites for the creation, development and functioning of the International Criminal Police Organization (Interpol) are highlighted, including the historical prerequisites for the creation of the National Central Bureau in Ukraine. The role and significance of the International Criminal Police Organization (Interpol) in international cooperation in the fight against general criminality in the context of its legal, technical, and organizational evolution are considered. The main modern trends in the activity and cooperation of the organization are analyzed. The author underlines that Interpol is an intergovernmental organization that facilitates international police cooperation and the main mission of it to promote global police cooperation, prevent and combat international crime, and provide a range of policing services to its member countries. The organization initially focused on facilitating the exchange of criminal intelligence between member countries, but over time, it has expanded its mandate to include a range of activities related to international law enforcement. Currently, Interpol has 195 member countries, making it the world’s largest international organization. One of the key challenges facing Interpol is balancing the needs of its member countries with the need to respect individual rights and privacy. Another important trend in Interpol’s work is the growing focus on cybersecurity and the prevention of cybercrime. It is also analyzed the current structure of Interpol and the role of each structure, the process of the establishment of the National Central Bureau in Ukraine, and the interaction of Interpol with other world organizations. Interpol has been working for almost a century to promote international police cooperation and the fight against transnational crime. With the increasing interconnectedness of the world and the rise of new forms of crime such as cybercrime, Interpol’s role in facilitating cross-border law enforcement cooperation and preventing international crime is expected to become even more significant in the coming years.

The underexamined role of money and how it undermines Nozick’s case for right libertarianism

In Anarchy, State and Utopia, Nozick presented his doctrine of right libertarianism, largely a contemporary restatement of Locke’s moral imperative that an individual’s rights to his life, liberty, and property are absolute and place limits on state action. Parallelly, Nozick espoused the free-market system as a framework that not only respects individual rights but ensures material benefits. While the free market results in radical inequalities in holdings and widespread dispossession, Nozick treats the process as morally just and any state redistribution through taxation as wrong. However, neither Nozick nor his many critics fully considered the role of money in capitalist free markets, an omission I begin to address.
 
 Nozick asserts that money emerges pre-politically through the uncoerced actions of individuals, and that it derives its value from the commodity that underpins it. This conception of money underpins Nozick’s claims that a minimal state can be just and that the free-market system is a moral, efficient, and neutral allocator of resources. However, Nozick’s approach omits addressing how money’s general acceptability and stability are achieved. Answers can be found in heterodox economic paradigms, which put the state at the center of money creation, rendering money (and the state) incompatible with natural rights. Furthermore, by insisting on money’s commodity nature, Nozick ignores the seventeenth century revolution in money, necessitated by the emergence of free-market capitalism and commodity money’s inability to underpin it. In other words, it is not commodity money but credit money that should be the proper object of Nozick’s analysis. I go on to analyze what credit money is, how it arose, and why some form of it is necessary in a free-market context. Ultimately, I argue that it is not compatible with natural rights and is itself redistributive.
 Key words: money, distributive justice, Nozick, Locke, free market capitalism, natural rights

Analysis of the Challenge in Fake News and Misinformation Regulation Comparative in Global Media Landscape

In the age of online social platforms, increasing interactions beyond the wildest imagination, dealing with fake news has been the most challenging. Perhaps the most visible victims of fake news today are political individuals and institutions. The delicate balance between regulation and respect of individual rights and maintenance of constitutionalism in various countries today creates a unique regulatory dilemma that allows for fake news and the use of it to continue thriving. At the same time, politicians and other institutions occupy a critical role in creating legislation towards combatting fake news. Such moves could significantly undermine the ability to observe some of the fundamental rights of individuals and the overall rule of democracy [1]. Misinformation and other cases of fake news have a relatively significant impact on societies. However, resolving fake news has proved not to be easy because of numerous issues, among them, being the need to preserve fundamental rights [2]. Desktop-based research has been conducted to achieve the objectives of this research. Critical to note that most of the information vital in completing this research is electronically availed. Hence, secondary sources of information have been utilized to reach conclusions on the existence of regulations and its effectiveness toward combating fake news in the three jurisdictions.

IDEOLOGICAL FOUNDATIONS AND FEATURES OF WESTERN LEGAL CULTURE

The purpose of the article is to identify and analyze the ideological foundations of Western legal culture. The main attention is paid to the philosophical and legal, socio-political, religious and moral, natural and climatic factors that determined the processes of evolution of legal culture in the West. Many scientists turn to the problem of the ideological foundations of Western legal culture. The topic is interesting not only for lawyers, but also for philosophers, political scientists, historians, sociologists, as well as for representatives of other branches of science. At each stage of the development of science, different interpretations of the problems can be found, but almost all scientists agree in assessing the common roots of modern legal culture in Western countries. Usually, scholars single out Roman private law, canon law, as well as the philosophy of natural law as unifying principles. Of course, it is difficult to dispute the obvious, but it cannot be said that from a scientific point of view, this problem has been fully studied and is no longer of research interest. This article attempts to delve into the essence of the ideological foundations of Western legal culture. The author examines the problem through the prism of the forms of Western civilization - Romano-Germanic and Anglo-American, deeply interconnected and having common roots. The importance of natural and climatic conditions, geographical space, universal connections provided by the united church, which revealed that special type of personality who sought to individualize his life, is also noted. If in the East people aspired to communality, then the isolation of the individual was characteristic of the West, but it should be noted that due to the densely populated Europe, its multinational nature, the lack of free land, people were inclined to resolve conflict cases through the conclusion of an agreement on a compromise basis. These circumstances obliged people, through compromise, to establish uniform rules, the observance of which was ensured by the state. These rules were primarily focused on respect for individual rights and freedoms, respect for private property, etc. The further development of Western civilization, which was based on the ideas of respect for individual rights and freedoms, led to the birth of the foundations of civil society, the existence of which was determined by the postulates of the rule of law. The realization of the ideas of the rule of law and civil society has determined the vector of development of Western countries, which is the basis for their development in the paradigm of liberal values.

Freedom of Expression and Hate Speech: When Values Collide in Divided Societies

One of the thorniest issues in law, especially concerning the boundaries of what is reasonable and proportionate, is the distinction between freedom of expression and hate speech. Striking a balance between freedom of expression and hate speech is, however, not a mere exercise in theory; it goes to the core of respect of individual rights and freedoms. To one person, uttering speech pursuant to the right to free expression is essential for a free and open democratic society; whereas another person, offended by what they perceive as hatred, can experience such speech as an attack on their identity and self-worth, causing harm, fear and anxiety that deny their individual rights to equality, identity and dignity. This paper gives a brief overview of jurisprudential developments in international law concerning speech that may fall within the category of hate speech, whereafter two prominent South African judgments by the Equality Court are discussed. Those two judgments highlight the complexities in determining when speech can be regarded as hate speech; what test is applied to ascertain whether speech constitutes hate speech; what evidence is required for a finding to be made; and the effect of a declaratory order. The two judgments discussed, the Nelson Mandela Trust and Ors v. AfriForum and Ors (Old Flag case 2019) and the AfriForum and Economic Freedom Fighters and Ors (Kill the Boer Case 2022), attempted to determine the line that separates freedom of expression from hate speech. The judgments, perhaps not unexpectedly, have given rise to more questions than answers. The inconsistency in comparative jurisprudence reaffirms that the labelling of speech as hate speech should be reserved for the most extreme forms of speech; it should be proportionate to the speech, including who expressed it, where and when; and any declaration should only be directed at the specific incident and not restrict speech in general.

Social Mobility: Concepts, Policies and Human Rights

Although the migration phenomenon is extremely mediated and has been analyzed in countless studies, there are still many ambiguities with regard to conceptualization, the integration of the term in the related field(s) and the development of public policies that would respond to the actual needs triggered by the phenomenon. This study aims at providing conceptual disambiguation, at establishing a historical and epistemic framework and, last but not least, at pointing to a series of anthropological aspects that have been correlated with the evolution of public policies and the respect for individual rights for the past six decades. As a starting point for our study, migration is regarded as a natural historical phenomenon that needs to be accepted and integrated in our contemporary life, as an ingrate component of globalization. Any public policy must be based on the fundamental principle according to which human life stands above anything. Moreover, we have emphasized the need to overcome two profoundly preconceived images of the immigrant that have dominated the collective imaginary for a long time: the intruder/invader and the slave.

To Vax or Not? A Human Rights Review of the Implications of Mandatory Vaccination as a Response to COVID-19

The COVID-19 pandemic precipitated the largest public health emergency so far experienced in the twenty-first century. As the world frantically pursues a sustainable solution, several vaccines have been tested and approved by the World Health Organization (WHO) under the Emergency Use Listing procedure. On the heels of this development have been moves by some States to adopt mandatory vaccination policies. Several private firms have also required their employees to be vaccinated as a pre-condition for resuming work. This fast-evolving situation brings into sharp focus the tensions between the rights to health, privacy, bodily autonomy and the right to consent to medical treatment on the one hand, and the public health and safety imperatives of protecting global populations against a ravaging pandemic on the other hand. This article argues that aggressive mandatory vaccination policies being propagated globally violate human rights by strengthening prejudices, and stereotypes, and furthering discrimination against those who may be unwilling to take the vaccines for one reason or another. Ultimately, therefore, there will be a need for States to adopt their own tailor-made vaccination frameworks that ensure the respect of individual rights on the one hand, but also ensures that it does not prejudice public safety in the wake of a ravenous pandemic.

Analiza art. 233 § 3 Ordynacji podatkowej w kontekście zasady dwuinstancyjności postępowania wynikającej z art. 78 Konstytucji RP

The principle of two-instance proceedings is one of the most important procedural guarantees which aim to ensure the respect of individual rights. This principle has been regulated in article 78 of the Constitution of the Republic of Poland. In the system of law, the rule is that the appellate body may adjudicate both reformatively and cassationally. One exceptions to this rule is provided for in article 233 § 3 of the Tax Ordinance. If the appeal is successful, this provision empowers the local government appeals board only to overrule the decision issued by the first instance authority on the basis of administrative discretion. The aim of this article is to analyse article 233 § 3 of the Tax Ordinance in the context of the principle of two-instance proceedings. In the opinion of the author of this paper, this provision constitutes an unjustified limitation of the right to two-instance proceedings.