Restriction Of Personal Freedom Research Articles

A new hearth? Defining social units during the Covid-19 pandemic

Slogans like ‘stay safe, stay apart’ stare at us at train stations, shopping malls, community centres and the like. The link between safety and separation has become a theme over the course of the Covid-19 pandemic. The social units to be separated are the household and the bubble, the former an established social unit, the latter a pandemic creation. During the pandemic, strict rules govern (i) household mixing, including variously the rule of 1 other person, the rule of 6 and the rule of one other household, (ii) shielding, which is a prohibition on mixing, and (iii) bubbles, including childcare, care and support bubbles. These rules were perceived in various ways by the population subjected to them, with one prominent theme being the restriction of personal freedom (Duffy 2020). Three research questions emerge from this situation: (i) (How) does the household as a social unit fit into modern-day society?(ii) What is the process of defining successfully a basic social unit?(iii) (How) can one persuade people to trade their liberty for safety?

The Issue of «Anti-COVID» Legal Restrictions in the Decisions of the Constitutional Court of the Russian Federation

The paper deals with the problems related to the legal nature, regulation and procedure for the implementation of legal restrictions in the Russian Federation under the conditions of the high alert regime aimed to prevent the spread of a new coronavirus infection (COVID-2019). The corresponding legal restrictions were introduced in spring 2020 by the regulatory legal acts of the constituent entities of the Russian Federation in the absence of rules in the federal legislation at that time regulating in detail the limits of the respective powers of regional authorities. The paper provides the content of the legal positions of the Constitutional Court of the Russian Federation concerning the issues of competence of state authorities of the constituent entities of the Russian Federation to establish such legal restrictions, constitutional criteria for assessing their admissibility and proportionality. Particular attention is paid to the analysis of restrictions imposed on the constitutional freedom of movement, which, as the Constitutional Court of the Russian Federation pointed out, are not identical with the restriction of personal freedom. The author elucidates the purpose of the introduced temporary legal restrictions, which is to ensure self-organization of the society in the event of a common threat.

Subordination, reordination and coordination ties in the structure of other measures of a criminal-legal nature

In order to determine the specifics of subordination, reordination and coordination ties in the structure of other measures of a criminal-legal nature, the content of the system of these measures is analysed, in which it is proposed to include measures related to isolation or restriction of personal freedom and measures related to the restriction of property rights. It is suggested to define a system of other measures of a criminal-legal nature as a holistic set, built on a hierarchical principle and divided into two subsystems, the normative reflection of which takes place in the provisions of the General Part of the Criminal Code of the Russian Federation, and social — in specific public relations arising from the commission of a crime and the need to apply criminal law measures to it. In the study of external subordinate relations, it is concluded that other measures of a criminal-legal nature have become a full-fledged component of criminal law, alternative to criminal punishment or supplementing the restrictions on the rights and freedoms of the convicted person arising from the application of punishment. Internal subordinate ties reflect the structure of the system of other measures of a criminal-legal nature and allows them to be distributed according to their functional purpose. The conclusion is made that the reordination ties demonstrate the cosubordination of the subsystem of the system for other measures of a criminal-legal nature, as well as a blanket (reference) interaction with other elements of the system of criminal-legal action, or with other spheres of social life, which intersect with negative social phenomena. Also, it is substantiated that coordination ties in the structure of the system of other measures of a criminal-legal nature are unilateral and create conditions for the use of discretionary powers related to the preservation of the application of these measures or refusal of them in favor of a stricter criminal-legal act, punishment.

Novas tecnologias e restrições à liberdade pessoal: a vigilância com dispositivos eletrônicos do imputado submetido a medidas cautelares

O artigo evidencia a ambiguidade das relações entre a vigilância com dispositivos eletrônicos do imputado submetido a medidas cautelares e o princípio da restrição mínima à liberdade pessoal, dissipando o frequente estereótipo em relação à idoneidade de tais dispositivos para reduzir o encarceramento. No entanto, a contínua evolução técnica dos dispositivos de vigilância corre o risco de degradar a dignidade da pessoa. Outra questão pertinente refere-se ao tratamento a que se submete o imputado no caso em que a administração pública não é capaz de garantir um número suficiente de dispositivos eletrônicos. A conclusão é no sentido de que, se não houver aparelhos disponíveis, o juiz terá que determinar a medida de prisão domiciliar, menos aflitiva em relação à prisão em um instituto penitenciário, para não violar a proibição de excesso na restrição da liberdade pessoal.

Медикализация суицида как проблема антипсихиатрии

Suicidal behavior in the modern scientific world is considered from the perspective of different disciplines (sociology, anthropology, philosophy, etc.), but psychiatry stands out in this list, because it can directly impact the suicider. Antipsychiatry, considered as a space of problematization and criticism of psychiatry, concerns both the foundation of psychiatry and individual situations related to the implementation by psychiatrists of their functions. This is why the phenomenon of suicide attracts the attention of one of the prominent representatives of the American anti-psychiatrist movement – T. Szasz. The key point in suicide analysis for Т. Szasz is that suicide is considered as a phenomenon closely associated with mental disease, thus, it is medicalized. In this case, it becomes much more important, why suicide as a phenomenon turns into an object of study of psychiatry. Т. Szasz refers to this transformation as a transition from a sin-and-crime to an illness-as-excuse. He fairly points out that the emergence of an explanatory suicide model within the framework of psychiatry made it possible for suiciders to change their category from those accused and rejected from Christian burial and rights of inheritance to those affected by a disease, and requiring medical treatment. Besides, Т. Szasz emphasizes the situation, in which suiciders find themselves in a mental health institution. The main feature of this situation is restriction of personal freedom and the ability to have a life worth living.

Analysis on the Standardization of Police Intervention in the Context of Anti-domestic Violence Law

Family violence is a social problem that cannot be ignored. The essence of family violence is a kind of control rights, is a violation of human rights, is gender based violence, is defined by the international community to prohibit torture.2015 year in December 27th the Twelfth National People's Congress the eighteenth meeting of the standing Committee of the people's Republic of in the anti-family violence law > family violence refers to the family members in beating, binding, mutilation, restriction of personal freedom and frequent abuse, intimidation, physical, mental and other violations of family violence in China. The incidence rate of 29.7% - 35.7%, the victims are mostly women, the elderly, children in recent years, the proportion of males also increased.2015 in March, the Supreme People's court, the Supreme People's Procuratorate, Ministry of public security, the Ministry of justice caused notice on handling cases of the crime of family violence law opinions, to Active prevention and the effective punishment of the crime of family violence and strengthen the implementation on March 1, a victim of domestic violence criminal judicial protection 2016. Law of the people's Republic of China on anti-domestic violence, need of the police intervention in domestic violence were standardized research, first of all to clear intervention should be the attitude and knowledge and ability, to perform their functions and duties according to law, risk management of domestic violence cases.

Administrative Detention and Its Objective and Procedural Warrantees: A Study of the Jordanian Law

Personal freedom is the essence of human life. It is not created by legislation or laws. It is rather regulated by laws to reconcile its various aspects and achieve the common good of the community. It, therefore, does not accept restrictions except those that are necessary. The freedom of people should always be maintained; it is not permissible to arrest or detain any person except in accordance with the law. Accordingly, the Jordanian legislator was keen to put in place the procedural rules of administrative detention in terms of setting clear conditions for the practice of this detention and the reasons for resorting to it in order to reduce the abuse of this exercise by the authorities and to reduce the vulnerability of individuals at risk of such a practice. It is well-known that these actions result in a restriction of personal freedom but also it is known that these measures are aimed to protect society from risks. Detainees in this type of arrest are taken without trial, and it is exercised by the executive authority under the powers granted to it by the law. If all these precautions are meant to protect personal freedom and maintain its integrity, then how can the executive authority intervene in personal freedom and exercise maximum restrictions on it and tries to repeal it, given that this type of arrest is essentially a precautionary punitive measure? However, in this sense, it is in stark violation of the principle of legality of crimes and punishments, and it violates constitutional and legal warrantees. Despite all these principles about the sanctity of personal freedoms and the warrantees against excessive use of executive detention, it should be acknowledged that it is sometimes necessary for authorities to administer such a measure. This perplexing situation makes us endeavor to study the provisions and terms governing this kind of arrest and investigate its reasons, in an attempt to state the legal basis that calls for its justification. The study also addresses the main principles governing the behavior of authorities while exercising this detention and the main effects of such a practice.

Administrative Detention and Its Objective and Procedural Warrantees: A Study of the Jordanian Law

Personal freedom is the essence of human life. It is not created by legislation or laws. It is rather regulated by laws to reconcile its various aspects and achieve the common good of the community. It, therefore, does not accept restrictions except those that are necessary. The freedom of people should always be maintained; it is not permissible to arrest or detain any person except in accordance with the law. Accordingly, the Jordanian legislator was keen to put in place the procedural rules of administrative detention in terms of setting clear conditions for the practice of this detention and the reasons for resorting to it in order to reduce the abuse of this exercise by the authorities and to reduce the vulnerability of individuals at risk of such a practice. It is well-known that these actions result in a restriction of personal freedom but also it is known that these measures are aimed to protect society from risks. Detainees in this type of arrest are taken without trial, and it is exercised by the executive authority under the powers granted to it by the law. If all these precautions are meant to protect personal freedom and maintain its integrity, then how can the executive authority intervene in personal freedom and exercise maximum restrictions on it and tries to repeal it, given that this type of arrest is essentially a precautionary punitive measure? However, in this sense, it is in stark violation of the principle of legality of crimes and punishments, and it violates constitutional and legal warrantees. Despite all these principles about the sanctity of personal freedoms and the warrantees against excessive use of executive detention, it should be acknowledged that it is sometimes necessary for authorities to administer such a measure. This perplexing situation makes us endeavor to study the provisions and terms governing this kind of arrest and investigate its reasons, in an attempt to state the legal basis that calls for its justification. The study also addresses the main principles governing the behavior of authorities while exercising this detention and the main effects of such a practice.

Direct Coercion in Psychiatrics – Interpretation of Legal Regulations as Amended in June 2012

Abstract The issues connected with direct coercion are of vital importance due to the fact that the application of coercive measures leads to restriction of personal freedom and limiting individual autonomy. It may even result in violating bodily integrity. Thus, it is an interference with the sphere of fundamental rights guaranteed to every human by the Constitution of the Republic of Poland. The article includes an interpretation of the legal provisions concerning the application of direct coercion in psychiatrics. It comprises the changes which are in force as of June 2012. There is a comprehensive analysis of the meaning of the term “direct coercion”, as well as a detailed study of the prerequisites of its application. The legal regulations related to the forms of exerting direct coercion are thoroughly scrutinized. Next, the analysis of current regulations is carried out in order to evaluate their coherence, clarity and accuracy. It is also examined whether the currently applicable legal regulations are sufficient and if the rights of persons against whom direct coercion is applied are appropriately secured and protected.

Environmental Impact: Controlling the Overall Level

It is suggested that, by assigning to every resource use and activity (including childbirth) that causes environmental impact a price in money-independent units (NRU's), a new system of environmental trade-offs can be established-one which maintains maximum personal choice within overall environmental constraint. The social equality of the system in relation to resource exploitation would be enhanced by distributing NRU rations equally among the population each year. Special means of controlling industrial and organizational use of resources through NRU's are also discussed. The system is believed to offer a more sensitive means of gauging social priorities in relation to resource use than that achieved by an exclusively monetary system. Although involving more planning and more governmental regulation than is currently deemed feasible or acceptable, we believe the mechanism would lead to less restriction of personal freedom in a steady-state society than would the current trend toward unsystematic imposition of governmental regulations.

Social and Psychological Factors Affecting Fertility. XXVII. Attitudes toward Restriction of Personal Freedom in Relation to Fertility Planning and Fertility

In a study on fertility control and small families it was found tha t data were unavailable to test the hypothesis that a feeling that children interfere with personal freedom motivates fertility control and small families. Only among couples who have remained childless does the desire to avoid restriction of personal freedom seem to have been a motivating factor. An alternative hypothesis was proven: Among couples with children a feeling of restriction develops from the difficulties and hardships experienced. Women seem to feel more restricted by children in all socioeconomic groups than do men. The feeling of restriction increases with unsuccessful fertility number of children and low socioeconomic status. Having 3 or more children correlated highly with feelings of personal restriction. It is speculated that the feeling of restriction experienced by couples of high socioeconomic status relates to different values regarding family building and not to economic difficulties. The factors that were experienced (lack of success with family planning actual number of children or the objective difficulties related to economics) were less important to the couples feelings than was the subjective interpretation of the experiences.