Liberty Rights Research Articles

Gender violence in media: A study of Kaduna state media corporation (ksmc)

Gender violence is a global pandemic that has permeated every sector of human life including the media. It is a major public health and human rights problem involving all ages and sexes however, women in media, have taken quite the hit in the form of threats or abuse in connection with their work, as victims of intimidation, sexual harassment, deprivations of liberty or certain rights. As a result, this research investigated gender violence in Kaduna State Media Corporation (KSMC). Amongst others, this study purposes to identify the various forms of gender violence and the causes of gender violence in Kaduna State Media Corporation. Anchored on the feminist theory, the research combines qualitative analysis of relevant literature with primary data collected through in-depth interviews in which 10 participants from both genders, were purposively selected media professionals in Kaduna State Media Corporation. The findings show that gender violence exists in KSMC against women, in very subtle forms of abuse of power, assault, psychological abuse, and discrimination however, they have put in preventive such as sensitization programs and workshops to combat gender violence. The study, therefore recommends that media organizations should try and employ more women in their organizations and also, anyone found assaulting his female colleague should be severely punished, as the workplace ought to be conducive for everyone.

Erik Peterson’s Political Theology of the Modern Nation-State

ABSTRACT Erik Peterson is primarily known for his 1935 rebuttal to Schmitt’s Political Theology. Readers like Agamben have raised the need to investigate whether Peterson himself tried to extend or substantiate his critique. Albeit in scattered reflections, Peterson developed a genealogy of the nation-state through the ambiguity of the angelic and its relation to empire. This article presents these reflections according to the systematic connections Peterson discerns across three categories: the denial of God, the claim of human rights, and linguistic unity. Throughout, attention is paid to how Peterson’s ideas resemble those in Schmitt’s works, though he often adds his own accents through the concepts of Trinitarian and eschatological thought. The result is a nuanced conception of Peterson’s appreciation of Schmitt’s genealogical methodology. It clarifies how Peterson’s envisaged the Trinity as a political-theological paradigm becomes more intelligible. His insistence on openness to the transcendent can be linked to negative political theology.

Declaration of the Town Square: The Urgency of Speaking as One

Abstract Ethics in biomedical research in mental health plays a central role. Historically the principles of autonomy, beneficence, non-maleficence and justice have been violated in individuals with mental disorders. This article aims to analyse the perceptions of individuals involved in research ethics advocacy in Aranzazu-Colombia, from the Declaration of the Town Square to current research practices and community empowerment initiatives. For this, a qualitative study was conducted in the municipality of Aranzazu as part of a Community-Based Rehabilitation strategy in Mental Health. Two focus groups were conducted with a total of 30 participants, including community representatives, institutional members, and healthcare personnel. The themes that emerged were ‘The urgency of speaking as one’, ‘Our research questions’ and ‘Human rights for recovery’. The process of adoption of community protection measures that guided the investigative processes with the town of Aranzazu is presented. A discussion is raised around the instrumentalization of people in the investigation and the claim of human rights by communities, as a mechanism to strengthen community recovery actions. It is concluded that mental health research should help to affirm dignity, reduce stigma, improve access to psychosocial recovery and achieve real participation in building the well-being of communities.

Locals’ Claims of Rights and Access to Forest Resources in Three Forest Management Regimes in Gunungkidul Regency, Yogyakarta

One of state forest areas managed by three management regimes is Bunder forest area, Gunungkidul, Yogyakarta. Three management regimes are the production forest of KPH Yogyakarta, the conservation forest of Tahura, and the educational forest of KHDTK Wanagama I. The differences of management regimes are thought to affect the actual interaction pattern of villagers with the forest. This research aims to compare the actual rights and access of villagers to Bunder forest area in three management regimes in the hope of finding more effective forest management patterns. This research used a qualitative approach through the case study method of the interaction villagers of Bunder, Banaran, Ngleri, and Gading villages with the surrounding forests. The results show that forest management regimes affects the way villagers can access the forests. The aggregate value of the actual rights received by the villagers to the production forest of KPH Yogyakarta is higher than the educational forest of KHDTK Wanagama I. The lowest is management regimes in conservation forest of Tahura. Based on the access mechanisms that empower villagers, the educational forest regime of KHDTK Wanagama I is higher than the production forest regime of KPH Yogyakarta and the conservation forest regime of Tahura. This research recommends defining rights and access to increase certainty about the benefits of forest resources.

Comparative Analysis of Political Cultures in Present-Day World Politics. The Contribution of the Cognitive-Developmental Approach

Political sciences do not provide an appropriate theory of the human being required to understand different political cultures both in present societies as in that of the past history. The structural-genetic theory program has evidenced that humankind went from preoperational over concrete-operational to formal-operational stages, the latter one coming into being late in history. Even in the most advanced nations of today there was a continuous development of the formal-operational stage during the last generations, causing the establishment of higher stages of political consciousness, honing sensibility for human and liberty rights, and fostering a more civilized conduct both in domestic and international politics. Accordingly, political cultures in current developing and threshold nations manifest patterns of a less elaborated and rougher standard. It is maintained that political sciences must resort to the cognitive-developmental approach to be able to understand political institutions, political behavior, and political consciousness.

The Structural-Genetic Theory Programme as General Theory to Social Sciences

The structural-genetic theory programme is an offshoot of Piagetian theory and Piagetian Cross-Cultural Psychology. It resorts to the application of stage theory to history, that is to parallels between ontogenetic and historical stages. Accordingly, the adolescent stage of formal operations evolved late in history, usually not before the 17th century, making and causing the Age of Enlightenment, with its manifestations: rise of physical sciences, industrial economy, formulation of liberty rights and humanistic philosophy, emergence of classical music, etc. The new theory offers possibilities to unify all human disciplines and social sciences under one common roof as they all need a general theory of the human being which stage theory can provide. They all deal with historical developments such as the history of language, law, sciences, economy, morals, philosophy, arts, worldview, religion, and politics that is shaped and carried by psychogenetic stage developments of humans in history.

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.

Diverse Bodies: Challenges and Opportunities in the Claim of Sexual Rights for People with Physical Functional Diversity

Is the population of people with physical functional diversity the most invisible among invisible populations? This question persists when examining the state of sexual rights exercise among acquaintances, colleagues, family members, friends, and strangers living with physical functional diversity. This paper forms part of the theoretical framework of an ongoing research project on the sexuality of individuals with physical functional diversity conducted at the University of Puerto Rico, Cayey Campus. Collaborating with students from various academic disciplines, the primary investigator aims to shed light on this crucial issue within a social, human rights, and intersectional framework. This effort seeks to raise awareness and actively include individuals from this population in the everyday processes of life in Puerto Rico.

Creative Labor and the Claim of Exclusive Rights to Non-Rivalrous Goods

Creative Labor and the Claim of Exclusive Rights to Non-Rivalrous Goods

The obligations «not to alienate the thing» and «not to assign» as separate types of negative obligations

The relevance of the stated topic is determined by the lack of scientific developments in the national law regarding the obligations "not to alienate the thing" and "not to assign". These obligations are types of negative obligations that consist in refraining from certain actions. The subject of the obligations "not to alienate the thing" and "not to transfer the right" is to refrain from the act of transferring a certain thing or right to a third party by the debtor. The author has set a goal to investigate the specifics of obligations regarding non-alienation of a thing (pactum de non alienando) and non-assignment of rights (pactum de non cedendo). In the course of the study, the author offered answers to the questions regarding the features of the obligations "not to alienate" and "not to assign " compared to other negative obligations, regarding the validity of the acts committed in violation of these obligations and the legal consequences for the debtor who, contrary to the prohibition alienated the thing or assigned the right. The following types of obligations were analyzed: "not to alienate the subject of the pledge without the consent of the creditor", "not to sell the goods, in respect of which there is a clause on the retention of ownership by the seller until full payment", "not to assign the right of claim to a third party". All these obligations are accessorymas they are established only if the main obligation exists. The article clarifies that the consequences of the specified obligations differ depending on the powers of the obligated person. The pledgor, in whose possession the object of pledge remains, is the owner of the thing, and therefore cannot lose the authority to dispose of it. The author emphasizes that the absence of the pledgee's consent to its alienation should not affect the validity of the deed itself regarding the alienation of the subject of the pledge. Alienation by the pledgor of the pledged thing does not terminate the pledge, which is the right to someone else's property, and therefore the creditor under the pledge does not lose the opportunity to collect in case of non-fulfillment of the main obligation by the debtor. However, in the judicial practice of Ukraine, such deeds regarding alienation of the subject of pledge without the consent of the creditor are recognized as invalid. Regarding the transaction by the buyer of the goods, the ownership of which is retained by the seller until payment (on the basis of the norm of Article 697 of the Civil Code of Ukraine), a different solution is proposed: since the buyer has not acquired the right of ownership, he cannot transfer it to another person, and therefore the transaction regarding alienation of this product will not create legal consequences for the acquirer. Acts committed in violation of the obligation "not to assign" should be considered valid, since the contractual prohibition in itself is not a reason for declaring the acts invalid. The lack of consent of the debtor for the main obligation does not affect the validity of the assignment agreement. This conclusion is not supported by judicial practice, in which debt recovery is denied to new creditors who have acquired the right of claim, which the original creditor withdrew without the debtor's consent, contrary to the terms of the contract. In case of violation of the obligations "not to alienate the thing" and "not to assign", general legal consequences should be аpplied, in particular, the collection of the contractual penalty, termination of the main contract, collection of damages.

Evaluation of the Market Value of Claim Rights for Russian Companies Which are Exposed to Bankruptcy

This research sheds light on the significance of claim rights for Russian companies, particularly during times of financial crises and bankruptcy. The relevance of this research the emergence of numerous challenges during times of crises is a notable phenomenon the value of money that the debtors can ensure and apply the process of moratorium in case of bankruptcy. The procedures of bankruptcy in Russian markets in addition to the types of overdue dets in companies will be summarized in this research, the time periods which are needed to sell the equity of debtors and repay back the values of claims for creditors also will be explained in this study. Besides, the weighted average interest rates on ruble and discount factor will be calculated and the cash flows will be discounted according to the time periods and discount factor. The purpose of this study is to find a mechanism for assessing value at risk to assist companies in bankruptcy proceedings. The data was collected from Russian companies facing bankruptcy from 2016 to 2022. The results show that debtors at risk of insolvency will generate lower cash inflows than other debtors, which will reduce the funds recovered from creditors and affect the bankruptcy process.

Legal Protection of Refugee Rights: Challenges and Solutions

This paper focuses on the legal protection of refugee rights in a global context marked by forced migration and armed conflicts. Starting with an analysis of the evolution of the refugee concept and the development of relevant international regulations, the paper explores the legal status of refugees and the fundamental rights they possess under international law. The main rights examined include the right to asylum and non-refoulement, as well as the rights to life, liberty, and security, social and economic rights, rights of refugee children, and rights of refugee women. Additionally, the role of international agencies and non-governmental organizations in ensuring the legal protection of refugees is analyzed, along with the challenges and obstacles they face in practice. Finally, it proposes reforms and recommendations to enhance the legal protection of refugee rights with the aim of strengthening the effective application of international norms in this crucial area. This paper contributes to a comprehensive understanding of the legal protection of refugee rights and offers perspectives for a more efficient approach to this pivotal issue in the international community.

Правовая природа цифрового рубля

Introduction. Civil law is a fundamental branch of law whose modernization and reform are significantly influenced by global processes associated with the development of public relations. Digitalization is one such process. The product of digitalization is such a phenomenon as the digital ruble. This phenomenon is a “challenge” for both science and law enforcement practice and the legislator. The definition of the legal nature of the digital ruble deserves close attention from legal science, since the well-being of the state as a whole directly depends on how correctly the legal regulation will be implemented. Since the science of civil law is faced with the task of developing various ways to solve problems in forming the definition of the digital ruble and determining its legal nature, this is the purpose of the study. Methods. The methodological framework for the research is a set of methods of scientific cognition, including such main ones as analysis, synthesis, generalization, and comparative jurisprudence. Results. The authors have studied the essence of the digital ruble as the third form of national currency in the Russian Federation. The main purpose of the study is a comparative analysis of three forms of money: cash, non-cash funds, and the digital ruble. The authors have identified the similarities and differences between these objects of civil rights. As part of the study, various points of view of modern civilists on the problems of determining the legal nature of the digital ruble are studied. The main result is the conclusion that the digital ruble is not identical to either cash or non-cash funds. From the point of view of the legal nature of the digital ruble, it seems inappropriate to attribute it neither to the legal regime of the item nor to the right of claim. The main advantages of the digital ruble have been identified, which allow for a different look at a new form of money. The authors’ definition of the digital ruble meets the main features and peculiarities inherent in the new form of money.

The Antinomy of Green Economy Implementation Towards Indigenous People in Natural Resources Management

Is Green economy practices adaptive and universally applicable? There are certain conditions where the application cannot be imposed, such as in the environment of indigenous peoples. This research aims to determine the contradiction and explore the Actualization of local wisdom among indigenous peoples in natural resource management. This research uses socio-legal methods with the conceptual, case, and statute approaches. The results showed that: Firstly, conflicts arising from differences in management techniques, concepts, claims of ownership rights, access, and objectives of natural resource management between indigenous peoples and green economy are significantly different. Secondly, Actualization and implementation in Indonesia can be done by adjusting the projection of green economy development with the wisdom patterns of each region, the participation of indigenous peoples in the policy formulation process, and the values of local wisdom in natural resource management as a limitation of the implementation of the green economy.

International Perspectives on Jordan’s Legislation on Deprivation of Liberty Prior to Trial

Abstract The right to personal liberty is fundamental for individuals and societies based on the rule of law. The United Nations Universal Declaration on Human Rights and United Nations International Covenant on Civil and Political Rights broadly define rules limiting possible pre-trial detention and protecting against arbitrary detention. Since 1961 the Code of Criminal Procedure has regulated detention in Jordan and in 2017, there were comprehensive revisions of the Code on these matters. To better understand factors that shaped the scope of the Code revisions in 2017 and to question whether the Code of Criminal Procedure fully adheres to ICCPR international human rights norms, this paper will draw upon political and legal debates prior to 2017 and upon legislative amendments, legislative text and subsequent jurisprudence. In so doing, this paper will critically examine whether the Jordanian legislation respects the right of personal liberty.

Making Waves: The Role of Indigenous Water Beings in Debates about Human and Non‐Human Rights

ABSTRACTRejecting nature‐culture dualism, contemporary anthropology recognises the mutually constitutive processes that create shared human and non‐human lifeworlds. Such recognition owes much to ethnographic engagement with diverse indigenous cosmologies many of which have, for millennia, upheld ideas about indivisible worlds in which all living kinds occupy a shared ontological space and non‐human species and environments are approached respectfully, with expectations of reciprocity and partnership. As many societies confront the global chaos caused by the anthropocentric prioritisation of human interests, anthropologists and indigenous communities are therefore well placed to articulate alternative models in which the non‐human domain is dealt with more equitably and inclusively. This paper is located comparatively in long‐term ethnographic research with indigenous communities in Australia, alongside the Mitchell River in North Queensland and the Brisbane River in South Queensland. It draws more specifically on involvement in legal claims for water rights by Māori iwis in New Zealand; in land claims by the Kunjen language group in Cape York; and in a recent ‘sea country’ case brought against a major multi‐national by the Tiwi Islanders in Australia's Northern Territory. It also makes use of a major comparative study of water beings in diverse cultural and historical contexts, and considers the central importance of water beings such as Māori taniwha and the Australian Rainbow Serpent in such legal conflicts, and in broader debates about human and non‐human rights. Like other water deities around the world, these beings personify the generative (and potentially punitive) powers of water and its co‐creative role in shaping human and non‐human lives. They are resurfacing today with an important representational role in contemporary conflicts over land and water.

Deconstructing transphobic fallacies and unveiling the realities of transgender phenomenology in India: An empirical inquiry

The community of the trans-gendered or the gender diverse or the gender nonbinary has been the cause of many debates in recent times over their claim of equal rights of existence in India. While several first world countries have taken or are in the course of taking adequate steps to ensure their inclusion among the general masses, India despite its long history of accommodation and tolerance has fallen behind. This is largely in lieu of the prevalent discourse classifying any form of sexuality and gender that does not conform to the heteronormative gender binary as unnatural and a product of westernisation. This paper endeavours to elucidate and scrutinize the Queer and specifically Trans elements embedded within Indian Mythologies, as manifested in the Veda, Purana, Dharma-Shastra, Kama-shastra, Natyashastra, and numerous other sacred texts. By doing so, it attempts to subvert the prevailing narrative that enforces their exclusion. In addition to that, it provides a comprehensive survey of gender fluidity as depicted in Indian mythologies and ancient texts, thereby illuminating the obscured heritage of progressive advancements in gender studies within the Indian context. Moreover, it underscores the contrived essence and artificial construct of the gender binary, while emphasizing the futility of steadfastly adhering to its purported "naturalness".

Research on Relevant Issues Regarding the Creditor’s Right of Revocation in the Chinese Civil Code

The creditor’s right of revocation is an important aspect of the debt preservation system. Regarding the legal effects of and approaches to realizing this right, there are various interpretations in the theoretical realm and inconsistencies in judicial practice. From a legal effects perspective, the creditor’s right of revocation in nature is not solely a right of formation, but also contains elements of a right of claim. In an action for the creditor’s revocation right, the creditor can simultaneously request the counterparty to assume the civil liability to the debtor as a result of the revocation of the act, such as returning property, providing compensation, or fulfilling overdue debts. In terms of the approaches to realizing the right, the creditors can directly apply for compulsory enforcement based on an effective judgment arising from their litigation or revocation litigation with the debtors to realize their rights against the debtors. Generally, there is no need for a combined exercise of the right of revocation with the subrogation right. However, in special circumstances, allowing the two rights to be exercised together can strengthen the protection for the creditors.

SDG 2030 Agenda and Human Rights in Nigeria: Assessing Legislative Challenges and Strategies to Foster Inclusivity

As the global community strives to achieve the Sustainable Development Goals (SDGs) 2030 Agenda, Nigeria, as Africa's most populous nation and largest economy, plays a critical responsibility in achieving these ambitious goals. The study critically assessed the legislative challenges that impede the realization of both human rights and the SDGs in Nigeria. Human rights have taken a significant role in international jurisdictions, transcending geographical boundaries, inclusive of rights inherent to all individuals by virtue of their humanity. While promoting the right of life, liberty, fair trial, and human dignity, are enshrined in the Nigerian Constitution, instances of human rights violations persist, despite the presence of human rights groups and the National Human Rights Commission (NHRC). This paper examined human rights scholarly literature in Nigeria, identifying key challenges facing the achievement of SDG 2030 of United Nations, whose main agenda seeks to enhance public access to information and protect human rights in line with national and international agreements. It highlights institutional barriers, and the need for improved policy coherence to create an enabling environment for sustainable development. This study identifies challenges stemming from inadequate monitoring systems, manipulation of adjudication processes, low salaries, indebtedness, and security deficiencies. To foster inclusivity and progress, the researcher proposes a multifaceted approach that combines legal reforms, policy interventions, and civil society engagement. Specific strategies include the enactment of comprehensive human rights legislation, targeted measures to address social and economic inequalities, accountability, judicial autonomy, public awareness and participation to empower the populace to seek redress for rights violations. These strategies aim to create a synergy between human rights and SDGs, aligning national priorities with global objective

Concept of Privacy in India: A Socio-Legal Critique

This article provides an incisive view on how the concept of privacy has evolved in India despite being a collectivist society. It has been observed that the notion of privacy co-existed with collectivist tradition even in ancient India. However, the collectivist approach was too dominant to allow an open discussion on the concept of privacy in the country. However, constitutional activists started vouching for privacy towards the fag end of 19th century which continued till the making of the constitution in independent India. However, the right to privacy remained outside the purview of fundamental rights till Supreme Court of India declared it as intrinsic to the fundamental right of life and liberty inherently protected under Article 21 of the constitution. Earlier judgements of the Supreme Court of India on various cases revolving around protection of privacy of individuals make strong case laws for privacy in the country culminating in the landmark judgement of privacy in 2017. This article adds value to the existing discourse on privacy by critiquing the issue from a socio-legal perspective.