Right-wing Research Articles

ПРАВОВИЙ СТАТУС ДИТИНИ ПІД ЧАС ЗБРОЙНОГО КОНФЛІКТУ

The author of the article analyses the legal status of a child during armed conflict. The above concept is considered through the allocation of three components, namely: ‘legal status of a person’, “child” and “armed conflict”. Attention is paid to the opinions of various legal scholars in this area. The author offers his own definition of the concept of ‘legal status of a child during an armed conflict’. In the article, the author focuses on the role and place of the legal status of the child during armed conflict at the level of international legal instruments. In particular, the author examines the international legal norms enshrined in the Universal Declaration of Human Rights, the Declaration of the Rights of the Child, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, etc. These norms are specific international legal norms that do not establish clear rights and obligations, but only indicate the general direction of behaviour of subjects of international law. Such international legal norms do not specify who in each individual state should determine and implement appropriate mechanisms to ensure the legal status of the child during armed conflict. The above-mentioned international legal norms define the general direction of behaviour of subjects of international law regarding the legal status of the child during armed conflict – all participants unanimously agree that the child during armed conflict has a special status and, accordingly, should have special protection. National legislation in this area is formed on the basis of international legal norms. The author examines the national legislation, namely the Law of Ukraine ‘On Protection of Childhood’ and the Resolution of the Cabinet of Ministers of Ukraine ‘On Approval of the Procedure for Granting the Status of a Child Affected by Military Operations and Armed Conflicts’. Key words: child, legal status, armed conflict, international legal norms.

Denizenship and democratic equality

ABSTRACT Democracy is assumed to require the equal political inclusion of denizens, as sustained political inequalities between members of society seemingly undermine the democratic ideal of equal freedom. This assumption is prominently expressed by Walzer’s Principle of Political Justice, according to which democratic institutions must attribute equal political rights to denizens in order to sustain their equal protection from domination and the recognition required for free agency. This paper rejects this influential assumption. We argue that denizenship constitutes a social position in which equal freedom can be enjoyed without political inclusion on equal terms to citizens. Many denizens are citizens somewhere else, and enjoy status, rights, and protections in virtue of their external citizenship, which can protect them from domination and provide them with the recognitional basis of self-respect. The cross-border relationships between denizens and their home country, as well as between the host country and the home country, must therefore be considered when evaluating claims to political inclusion. Accepting the democratic legitimacy of the partial political inclusion of denizens allows us to focus on the most pressing political claims, such as those of refugees and stateless persons. Partial inclusion schemes can also make less restrictive immigration policies more rational and desirable for citizens.

Justice for denizens: a conceptual map

ABSTRACT Under which conditions, if any, is it morally permissible for states to grant non-citizen residents (‘denizens’) different political, socio-economic, and cultural rights than citizens? What, if anything, could justify legal rights-differentiations along the lines of citizenship? This special issue scrutinizes these politically increasingly salient questions from a wide range of perspectives, drawing on recent literature in the ethics of migration, citizenship, multiculturalism, and refuge, as well as on normative theories of law, territory, and settler colonialism. In this introduction to the volume, I sketch a conceptual map of the emerging debate on justice for denizens, making explicit some underlying theoretical assumptions common to each of the three key domains of legal rights-differentiations (political, socio-economic, and cultural rights). I distinguish the question of what is owed to denizens as a matter of justice, from that of what justice permits and requires in respect to denizens generally. And I outline four models, implicit in the literature, for theorizing the moral rights different types of denizens have and lack – to help determine which forms of unequal treatment wrong them. I conclude by providing brief summaries of the seven contributing articles, pinpointing them on my conceptual map.

Bryan Stanley Turner's Philosophical Thoughts: Citizenship Outline Analysis

Bryan Stanley Turner is a professor of sociology and politics who was born in Birmingham, England on January 14, 1945. Bryan S Turner is also a director of the religious committee at The City University Of New York. He is also the director of the Centre for Contemporary Islamic Studies at the University of Western Sydney. Not stopping there, Brayen is also registered as a member of the American Sociological Research Association. This study uses a literature study. Literature study research is oriented to theories relevant to research problems. In this satisfaction study, it analyzes Bryan Stanley Turner's journal of philosophical thought about the analysis of the outline of citizenship published in 1990 in the British Sociological Association and several other relevant reading sources. Turner's view of the conception of citizenship is a set of rights and obligations that give a formal legal identity to individuals. These legal and formal rights have historically been united as a set of social institutions such as the jury system, parliaments and the welfare state. Bryan Turner offered a revised model of citizenship that included legal rights (or civil rights in the Marshall model), political rights, social rights and human rights.

Sex Work Regulation Across 85 Nations: The Political Economy of Prostitution

Despite the popularity and efficacy of laws that criminalize consumers in the sex industry, adoption of such policies is slow and limited. In other cases, countries act to adopt legal frameworks that may leave sex workers unprotected from violence or harm. How do we explain such different choices across different countries? To address this, I undertake a political and economic view of sex work, which refers specifically to prostitution in this study, and subsequently investigate political and economic characteristics across 85 countries as factors that may affect their selection of different types of sex work policies. Furthermore, I examine the impact of diverse political value systems as well as economic conditions. The project employs a multinomial logistic regression model to examine the relationship between these factors and the adoption of five different sex work policies. The analysis of data demonstrated that total female participation in the labor force was the most influential factor, followed by civil liberties and political rights, across the countries included in the study.

Immersive documentary journalism: exploring the impact of 360° virtual reality compared with a 2D screen display on the responses of people toward undocumented young migrants to Spain

The term ‘MENA’ refers to ‘Menores Extranjeros No Acompañados’ (‘unaccompanied foreign minors’) who are child immigrants to Spain who entered alone without legal documentation. Over the years, ‘mena’ has become a pejorative term associated with criminality, a view especially promoted by some on the political far right. In this article, we describe an experiment where virtual reality (VR) was used to place people among a group of young adults with a ‘MENA’ background (‘ex-mena’) to explore how their experience might alter their attitudes about the plight of the MENA. In particular, we were interested in the different influence of a 360 3D video or the same video on a 2D large screen, both experienced through the same VR head-mounted display. There were 51 people recruited for the experimental study, 28 of whom experienced the video in the screen condition and 23 in the 360 video condition. In addition to questionnaires, a sentiment analysis was carried out on short essays that participants wrote after their experience. The results show that sentiment was greater for the 360 video condition than the screen. Lower sentiment scores are associated with sadness, media bias, feeling bad about the conditions of the MENA, the difficulty of integration, and the utility of understanding and empathy. Higher sentiment scores are associated with empathy due to being closer to the situation, knowing the story of the migrants better, politicization, prejudging, feeling sorry for the manipulation of the migrants, and failure of action by the authorities. The 360 video approach used could be an important tool for documentary journalism.

The right to join trade unions in international law

The article examines the right to join trade unions in international law. It is emphasized that the right to join trade unions is a unique human right, which is directly provided for in the main international legal acts for the protection of human rights, in particular, in the Universal Declaration of Human Rights of 1948, the International Covenant on Civil and Political Rights of 1966, the International Covenant on Economic, Social and Cultural Rights of 1966, the European Convention on Human Rights of 1950. The special legal nature of this right is emphasized, which at the same time belongs to the group of civil and political rights, as well as socio-economic rights. In addition, the right to organize in a trade union derives simultaneously from the right to freedom of association and the right to work. Attention is drawn to the fact that the right to join trade unions includes the right of workers without discrimination or prior permission to form and join trade unions of their own choice; trade unions should be allowed to operate freely, without undue restrictions on their functioning. The right to form and join trade unions also requires that trade unionists be protected from any form of discrimination, harassment, intimidation or repression. Special attention is paid to the case-law of the European Court of Human Rights regarding the protection of the right to join trade unions. It is emphasized that the European Court of Human Rights considers freedom of trade unions as an important element of social dialogue between employees and employers, and therefore an important tool in achieving social justice and harmony. It is concluded that according to the practice of the European Court of Human Rights, trade unions do not have a special legal status different from other associations. At the same time, the European Court of Human Rights emphasizes that the European Convention on Human Rights requires that, under national law, trade unions have the opportunity, under conditions not inconsistent with Article 11 of the Convention, to fight for the protection of the interests of their members.

Sources of Media Rights in Afghanistan: A Review

The Media Law was established to preserve social order, unity, and continuity, to defend truth and justice to protect the rights of the disadvantaged in the media sphere. The Media Law categorizes the functions of all media and reporters within a specific framework and takes steps to maintain regularity in media works. Today, media plays a significant role in leadership and control, and therefore, its social responsibility is constantly expanding. In every country, for the stability and proper functioning of any activity, it is necessary to establish rules, and since media work is a social activity, Media Law is essential for the development and progress of media work and activities. The Afghan Public Media Law was drafted and approved taking into account both domestic and international sources. The Afghan Public Media Law was drafted and approved in light of domestic sources (law, custom, Islamic law, judicial precedent) and external sources (the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Declaration of Human Rights of Islamic Countries, and international agreements) to ensure the proper functioning of the media.

Is Barbarism the Specific Essence of the Human Kind?

The main scope of the paper is to analyse the concept of barbarism as a key feature of humankind regardless of historical evolution. The approach we propose is a theoretical philosophical analytical one. We will start by discussing barbarism as the specific essence of mankind since ancient times and then move to the deconstruction of the concept under the pressure of human rights in the context of human bio-enhancement. The discussions focus on the fact that freedom becomes a sum of freedoms in the context of law, but while the law comes defends individual and the collective freedoms, it must also be interpreted in the context of the Kantian categorical imperative. However, freedoms viewed through the lens of the natural law and the social contracts presuppose two completely different paradigms. The conclusions are that, if for the current human individual, the meaning of freedom is given by civil and political rights, because of the bio-enhancement technology, the human species could talk about a greater freedom of action or, on the contrary, about a form of large-scale social control.

RURAL BANDITRY AND HUMAN RIGHTS IN SOUTHWEST NIGERIA (2017-2022): A STUDY OF OYO AND ONDO STATES

Government in an ideal society strives to promptly crush security challenges like banditry with a view to safeguarding human rights of the people but regrettably the reverse is the case in Nigeria. This study investigated the effect of rural banditry on human rights in Oyo and Ondo States, Nigeria. The study adopted descriptive survey research design and quantitative method using self-structured questionnaire to collect data. A total of 400 respondents were sampled adopting stratified random sampling technique while ANOVA analysis was used to test the research hypotheses of the study. The study revealed that rural banditry activities violated the freedom of movement, rights to privacy, property, human dignity, liberty and security of life, among other civil and political rights of the people in Oyo and Ondo States. It also disclosed that rural banditry grossly violated the freedom of religion, rights to education, property as well as social and cultural rights of the people in Oyo and Ondo States. The study concluded that rural banditry activities like kidnapping, robbery, village raids, hostage and ransom taking, maiming and murder, among others severely impacted on the rights of people in both Oyo and Ondo States. The study recommended that government should establish special court to try and swiftly deal with the cases of banditry while Amotekun security outfit, which was established to confront the menace should be empowered through intensive training and supply of adequate and modern weapons and equipment.

Freedom of Association under the Treaties of the United Nations: A Right of Intrinsic or Instrumental Value?

Abstract Although enshrined within various international instruments of the United Nations, the right to freedom of association is principally developed under the rubric of Article 22 of the International Covenant on Civil and Political Rights. This article seeks to trace the contours of this right with regard to the jurisprudence and commentary of the institutions of the UN. Part ii examines the protections afforded, restrictions permitted, and positive obligations imposed by article 22. Part ii analyses the interaction between article 22 and other rights guaranteed by the iccpr. Part iii seeks to assess the rationale underpinning the protection of the right to freedom of association as protected by the UN treaties. The research finds that the Human Rights Committee has disproportionately framed Article 22 in terms of its political and systemic significance, and have neglected to develop a philosophical basis for the right deriving from its inherent value to the human person.

Hindered, Overlooked, and Undervalued: Gender Equality in Nordic Blue Economies

The Nordic countries are ranked among the most gender equal countries worldwide. Equality, political, and civil rights, leading to the high participation of women in the workforce, have paved the way for this egalitarian view. However, women remain the minority in managerial positions in general, and they are also strongly underrepresented in many male‐dominated sectors of the blue economy. The aim of this article is to introduce and discuss gender equality in the blue economy, and to assess the status of gender research in the Nordic context. To achieve this, a purposive interdisciplinary literature review resulted in three encompassing themes on how women’s participation is hindered, overlooked, and undervalued. Using these themes as an analytical lens, we propose that the underlying mechanisms are similar within fisheries, aquaculture, and maritime transportation in how they affect women’s participation. Still, there is a lack of statistics and research within parts of the blue sector. To move forward, there needs to be a shift in focus from policy to practice. One starting point could be to implement current knowledge, e.g., regarding workplace design and tailoring equipment to fit a diverse workforce. We call for scaling up best practices and evaluating policy performance and effectiveness. These are prerequisites for sustainable recruitment and retention of the blue sector workforce and the only way forward for countries aspiring to be truly gender equal.

Examination of Right to Privacy for Telecommunication Customers toward Service Providers in Tanzania

The Constitution of the United Republic of Tanzania, provides the right to privacy as stipulated under Articles 16 (1) and (2). It takes also cognizance of the International Covenant on Civil and Political Rights which is provided under Articles 17 (1) and (2). The protection of the right to privacy may be hindered by the duty to disclose information and the absence of guidelines promoting it in Tanzania. This study preceded with, whether the existing telecommunication legal regime effectively protects the right to privacy of telecommunication customers against service providers and the best shortcomings that can be addressed. The study set out to review the right to privacy for telecommunication customers. The research aims to analyse the existing telecommunication legal regime and identify lacunas with the ways to tackle the challenges facing enforcement of the right to privacy. The study was planned to use the doctrinal research methodology. This methodology was purposely selected because the study requires analysis of the laws on the right to privacy. However, data was collected by using primary and secondary sources. The researcher used qualitative methods to analyse data that finally made conclusions and recommendations. In this study, it was concluded that the right to privacy covered in different laws has not sufficiently safeguarded the actual right to privacy for telecommunication customers in Tanzania. This is due to the following factors which are the aspect of authorization in the disclosure of a person’s information and the absence of adequate law securing a telecommunication customer’s information. The researcher ratifies that, there should be a specific law that regulates the right to privacy for telecommunication customer’s information. This will enforce the right to privacy and remove issues arising out of lack of authorization such as the issue of phone interceptions

Militarized elections and citizens’ support for democratic rights: evidence from India

ABSTRACT Across the world, many citizens go to the polls amidst armed threats from both state and non-state actors. How do militarized elections affect citizens’ willingness to accept restrictions on democratic rights? We argue that when forming opinions about appropriate limits to state powers, citizens navigate competing threats from state and non-state actors. The display of state coercive force should make citizens more protective of civil and political rights. Yet, if it occurs in the context of threat posed by non-state actors, citizens may become more likely to accept that rights are restricted. We embed a vignette experiment with a selective information prime in a 2019 post-election survey of 1,080 Indian citizens across two states affected by armed insurgency. We find that being primed on a heavy state-military presence makes citizens more reluctant to accept restrictions on civil and political rights, but the effect is only found among politically marginalized groups. In the presence of violent non-state threats, however, citizens become more likely to support policies that curtail democratic rights.

Unveiling human rights protection in China from the perspective of criminal procedure law

Abstract A significant portion of the misunderstanding surrounding China’s human rights protection stems from a failure to consider its legal progress in light of China’s unique cultural, ideological, and political contexts. The Criminal Procedure Law of China is closely linked to constitutional principles and the fundamental first generation of human rights, providing a clear framework for understanding China’s efforts in human rights protection. As widely accepted standards for human rights codification, Articles 9, 17, and 14 of the International Covenant on Civil and Political Rights (ICCPR) outline the right to personal liberty, privacy, and the defense of the accused. Initially, China’s Criminal Procedure Law of 1979 fell short of meeting these global standards. However, with substantial revisions in 1996, 2012, and 2018, this specific code has progressively aligned with the covenant’s requirements, marking significant strides in human rights protection in China. Despite these advances, there remains room for improving the Criminal Procedure Law, especially under the challenges of the digital age. China, alongside other nations, will focus on building a more comprehensive, robust, and globally integrated legal framework to address the forthcoming issues.

Refugee Education: Aligning Access, Learning & Opportunity

Abstract Access, learning, and opportunity are usually conceptualized in a sequential and linear way: with access to school comes learning and with learning comes opportunity. But for most refugee students-and for most marginalized students globally-this model simply does not hold. In settings where students’ mobility and their social, economic, and political rights have massive restrictions, access to school does not translate into learning, and learning does not translate into opportunities. Creating education that enables refugee young people to feel a sense of belonging and prepares them to help build more peaceful and equitable futures requires us to address these misalignments, which are rooted across the ecosystem, from macrolevel geopolitical arrangements to micro-level interactions in classrooms. I pose three questions as central in understanding these misalignments: Who is allowed to be where and for how long? Who is responsible for refugee education? And who can feel a sense of belonging? Answering these questions informs how we might work, through policy and practice, toward alignment.

Discourses of Land Conflicts in Indonesia

ABSTRACTThis article analyses how rural Indonesians involved in land conflicts articulate their claims vis‐à‐vis palm oil companies and government. Addressing a long‐standing debate about the relative importance of laws and rights in the contentious politics of marginalized citizens in the Global South, the authors examine statements of community spokespersons as published in regional newspapers from four Indonesian provinces. They find that this discourse is characterized by an emphasis on social norms and customary traditions, while laws, regulations and conceptions of justice are rarely invoked. The authors argue that this modest and comparatively ‘rightless’ discourse is a consequence of the character of the marginalization facing rural Indonesians. The combination of relative powerlessness and an unreliable legal system forces rural Indonesians to avoid an assertive claiming of rights and, instead, to adopt a more muted and polite tone to cultivate the goodwill of companies and local authorities.

How the Struggle for Public Health in the Jim Crow South Reflected and Reinforced Systemic Racial Health Inequality

Abstract The twenty-first century COVID-19 epidemic revealed a U.S. public health system that countenanced health inequities and a U.S. public that resisted disease containment policies. This crisis, however, was only the most recent chapter in a longer struggle in the United States to institutionalize public health. We focus on two early twentieth-century public health campaigns in the American South, the unhealthiest U.S. region at the time. Black southerners—denied basic health, political, economic, and social rights under a rising Jim Crow regime—self-organized health services networks, including through the Tuskegee Woman’s Club, the Negro Organization Society of Virginia, and the Moveable School (1890s–1915). Around the same time, a philanthropic project, the Rockefeller Sanitary Commission (RSC, 1909–1914), seeded state-level public health agencies in eleven southern states, thereby installing public health in a top-down manner. We use archival data sources to explore key similarities and differences in the public health concerns and coalition-building approaches of each campaign and southern resistance to their efforts. We find Black-led campaigns often blurred the color line to form coalitions that provided services to the underserved while tackling environmental health risks at the community level. In contrast, RSC affiliates in southern states, as directed by RSC administrators, provided health services as short-term public dispensaries. Services reached Black and White communities willing to participate but in a manner that did not overtly challenge Jim Crow-era practices. Southern resistance to public health expansion persisted under each approach. The legacies of these struggles remain; the political-economic and ideological forces that limited public health expansion while marginalizing Black community health efforts reverberate in public health inequities today.

Effects of Livelihood Empowerment against Poverty (Leap) on Beneficiaries in Kwaebibirem Municipality.

Background: Ghana has assented to many international conventions and has passed national legislation that obliges the government to find practical expressions to cater to civil and political rights and its citizens' economic, social, and cultural rights. To meet these legal requirements, the Government of Ghana has drafted and is implementing a National Social Protection Strategy to protect its vulnerable populace. A major element of this strategy is the Livelihood Empowerment Against Poverty (LEAP). LEAP is a direct cash transfer programme, which targets about a quarter of Ghana's populace hit with extreme poverty due to their state of being vulnerable, old age or orphans. The study was conducted in the Kwaebibirem Municipality of the Eastern Region to unearth Livelihood Empowerment against Poverty (LEAP)’s effect on the beneficiaries and the shortcomings since its implementation. Methodology: This study employed the mixed-method research approach. A purposive sampling technique was used to select 40 respondents. Data were obtained from all sources. Findings: The study revealed that the cash transfer system, despite its challenges, tends to have more positive effects on the beneficiaries. Findings reveal general operational challenges such as depoliticization, delays in cash disbursement for payment and sensitization. Unique Contribution to Theory, Practice and Policy: The study recommends that the Ministry of Gender and Social Protection decentralize LEAP activities.

Pemenuhan Hak Pemilih dalam Pemilu (Studi Tata Kelola Formulir C6 di Kabupaten Banjarnegara dan Kabupaten Magelang dalam Pemilu Serentak 2019)

The aim of this research is to 1) analyze the work of the Magelang Regency KPU and Banjarnegara Regency KPU in fulfilling voters' political rights in the 2019 Election; 2) analyze the influence of Form-C6 management on voters in the 2019 Election in Magelang Regency and Banjarnegara Regency; and 3) analyze the KPU's strategy to optimize administrative management of form C-6. The method used in this research is a qualitative method with informants namely KUPD, City/Regency Banwaslu, District KPPS, TPS supervisors, and voters both in Banjarnegara Regency and those in Magelang Regency. The results of the research show that there are voters who are registered on the Permanent Voter List (DTP) but did not receive the C6 Form in the 2019 Election, in Magelang Regency data collection and management is complete while Banjarnegara Regency is the district with the most C6 form returns and the KPU's strategy is to optimize administrative management of form C-6 is carried out by opening complaints and services to people who have registered in the DPT.