Citizenship Rights Research Articles

КОНСТИТУЦИОННО-ПРАВОВЫЕ ОГРАНИЧЕНИЯ ИЗБИРАТЕЛЬНЫХ ПРАВ ГРАЖДАН, ОТБЫВАЮЩИХ НАКАЗАНИЯ В ВИДЕ ЛИШЕНИЯ СВОБОДЫ

The article discusses issues related to legal restrictions on the active electoral rights of citizens of the Russian Federation serving sentences of imprisonment, substantiates the position on the need for broader provision of active electoral rights to persons serving sentences of imprisonment.

Influence of social cleavage and media usage on political behavior: a case of Pakistan

Increasingly media provides ample opportunities for the audiences to make media choices and form different levels of exposure along political lines. Predominately, Pakistan’s media is recognized as an irreplaceable tool in sparking change in the political landscape, forgoing national-regional identities, and bridging social gaps. Due to recent technological advancements citizens’ media usage brought changes in the political behavior of citizens regarding party choices and voting behavior. Such changes in the political behavior of citizens affect decision making which is influenced by social cleavage of education, gender, and age. However, contrary to similar historical changes, these advances have widened rather than narrowed societal cleavages. The objective of the paper is to explore the influence of social cleavage and media usage on political behavior of students and faculty in Pakistan specifically NUML university, Islamabad. This research explores how social cleavage and recent advances in digital media access changed the political behavior of faculty and students of NUML university. The paper employed survey-based research with a sample of 250 faculty members and students of NUML, Islamabad. According to results, it is concluded that social cleavage of education, age, and gender plays a vital role in transforming the political behavior of both faculty members and students. Likewise, persistent use of social media portrays positive political participation along with accountable voting behavior, whereby males are more active in participating in political activities as compared to females. The paper has policy implications for a one-dimensional media approach for ignoring solutions to political problems and understanding citizenship rights. Focused and well-defined policies are required to bring youth back to broadcasting media.

Analysis and mapping of global research publications on migrant domestic workers

Recognizing the importance of evidence-based research in informing migration policies and empowering migrant domestic workers (MDWs), this study aims to provide a comprehensive analysis of MDW research patterns and trends. Using a descriptive cross-sectional study design, research articles on MDWs were retrieved from the Scopus database. The findings reveal a substantial increase in research output in recent years, with notable contributions from journals in the fields of social sciences and humanities. Key contributors include scholars from the United States, the United Kingdom, and institutions such as the National University of Singapore and the Chinese University of Hong Kong. Journals in the field of migration have prominent role in publishing research on MDWs. At the author level, Yeoh, B.S.A, at the National University of Singapore was the most prolific author. Academic activities were the main driver of research and that funding was suboptimal in this field. Highly cited articles focused on topics such as transnational motherhood, the international division of reproductive labor, and the negotiation of citizenship rights. Major research hotspots in the retrieved articles included mental health aspects, caregiving especially of the elderly, and struggles for legal rights. Specific nationalities, such as Filipina/o and Indonesian MDWs, have been the focus of numerous studies, shedding light on their narratives, challenges, and agency within transnational contexts. Overall, this study underscores the urgency of addressing the needs and rights of MDWs, advocate for human rights, and enhance understanding of occupational health and safety in the unique context of domestic work.

Producing the public caregiver: the discursive politicization of family caregiving by Canadian caregiver organizations

How are problems of family/friend care framed and politicized, and with what socio-political implications? This feminist rhetorical analysis examines how carers are positioned, how problems and solutions of care are framed, and how carers’ social and political rights are supported by Canadian caregiver organizations. Organizations’ public materials draw on and expand narratives that foreground individual risk and recognition, decentring the state’s role. We elaborate on how carers’ citizenship rights are discursively bounded with proposed individualized solutions that support them in continuing to care. Broader narratives could consider carers’ human or citizenship rights or otherwise foreground relationality and complex collective care solidarities.

KEDUDUKAN BANTUAN HUKUM DALAM SISTEM PERADILAN PIDANA DI INDONESIA

Every citizen has the same position, before the law without exception which includes the right to be defended (access to legal counsel), treated equality before the law, justice for all (justice for all). In order to seek justice, it is often only able to be accessed by those who have a high level of education and the middle to upper economic status. Recognizing that the inability of human and economic resources makes it impossible to make the process of seeking justice for underprivileged people, the term legal assistance in the Judicial System in Indonesia has emerged. The right to obtain legal assistance is a fundamental or basic right for someone who faces a legal problem, because obtaining legal assistance is one form of access to justice for those who face legal problems. This paper will discuss the state's obligations in providing legal assistance to suspects or defendants in the Criminal Justice System and the position of legal assistance in the Criminal Justice System. The method used in this paper is normative legal research, with secondary data sources consisting of primary, secondary and tertiary legal materials. Then the data is analyzed by qualitative analysis. The obligation of the state to provide legal assistance to citizens who face legal problems, because legal aid is a constitutional right of citizens. Legal assistance in the Criminal Justice System has a very important role in achieving a fair trial process. The Government has issued Law No. 16 of 2011 concerning Legal Aid, so that it can be implemented optimally to fulfill constitutional rights for the poor or needy to achieve a fair trial process.

Practice of Presidential Threshold in the Implementation of Presidential and Vice Presidential General Elections and Its Implications on the Political Rights of Citizens and Political Parties in Indonesia

The presidential threshold is a rule that becomes a political requirement for a political party to carry presidential and vice presidential candidates. The existence of this rule can potentially cause restrictions on citizens in running for president and restrictions on political parties in carrying their candidates to the presidency and vice presidency. The presidential threshold journey in coloring the elections in Indonesia has also undergone material testing and a lawsuit by the Constitutional Court. Therefore, this study aims to discuss the practice of the Presidential threshold in the implementation of elections in Indonesia and its relation to the political rights of citizens and political parties in Indonesia. This study is a field research study with a study into the field and using a non-doctrinal approach that is the enactment of law. Primary Data was obtained by interview techniques to the KPU RI, political parties, and legal experts. Furthermore, the secondary data consists of primary, secondary, and tertiary legal materials. This legal research uses descriptive analysis to obtain research results. The results showed that the practice of Presidential threshold has existed since the enactment of the first presidential and vice presidential elections. The political rights of citizens and political parties do not necessarily disappear, they only become conditional. Political parties also have the same opportunity to nominate the president and vice president by carrying their own or joining and forming coalitions with other parties.

Kosningar, lýðræði og fatlað fólk

Kosningaréttur er grundvallarréttur þegna í lýðræðisríkjum og þátttaka í kosningum álitin ein af mikilvægustu athöfnum borgaranna. Þó að þessi réttindi skuli tryggð öllum þegnum sýna alþjóðlegar rannsóknir að fatlað fólk er víða útilokað frá þátttöku í kosningum. Fatlað fólk er síður líklegt til að kjósa en ófatlað fólk og mætir iðulega ýmsum hindrunum ef það reynir að taka þátt í kosningum. Þessi grein fjallar um kosningaþátttöku fatlaðs fólks með hliðsjón af niðurstöðum alþjóðlegra rannsókna. Í upphafi eru raktar helstu hindranir í vegi kosningaþátttöku fatlaðs fólks og leitast við að svara hvaða áhrif þessar hindranir hafi, ekki aðeins fyrir fatlaða borgara, heldur jafnframt hvað það þýði fyrir heilbrigði lýðræðis og lýðræðislegra stofnana þegar hluti þegnanna mætir alvarlegum hindrunum varðandi borgaraleg grundvallarréttindi. Íslenskar rannsóknir á þessu sviði eru ekki fyrir hendi og engin skipuleg tölfræðileg gögn eru til varðandi þátttöku fatlaðs fólks í kosningum eða stjórnmálum hér á landi. Byggt á gögnum sem aflað var hjá tveimur fjölmennustu heildarsamtökum fatlaðs fólks hér á landi er rýnt í reynslu, aðstæður og möguleika fatlaðs fólks til þátttöku í kosningum á Íslandi, lagasetningar þar að lútandi og skyldur ríkisins til að stuðla að og tryggja þátttöku fatlaðs fólks í stjórnmálum og opinberu lífi, ekki síst í ljósi þess að Samningur Sameinuðu þjóðanna (SÞ) um réttindi fatlaðs fólks (SRFF) hefur verið fullgiltur hér á landi.

Deprivation of citizenship and creation of statelessness: case study of Belarus

This research paper explores the use of citizenship deprivation and trials in absentia as tools of political repression, with a particular focus on Belarus. In Belarus, an amendment to the citizenship law was passed on July 11, 2023 allowing the Belarusian president to revoke Belarusian citizenship of those abroad, even if it would render them stateless. This new amendment would also allow for trials to be conducted in absentia, with a possible sentence being citizenship deprivation. The paper also delves into the bureaucratic tactics used by the Belarusian government to exacerbate statelessness. These include the closure of consulates abroad and the requirement for citizens to be physically present in Belarus to renew their passports, making it nearly impossible for those in exile to maintain their citizenship. This leaves those in exile with minimal, if any, legal protections and access to basic rights. Additionally, the research looks at the role of international relations in exacerbating the arbitrary use of these practices, particularly in the context of the war in Ukraine. This conflict has intensified political repression in Belarus and prompted neighbouring countries, such as Lithuania and Poland, to introduce humanitarian visas to protect Belarusians who fled the country. By analyzing these developments, the paper highlights the devastating effects of the powers of citizenship deprivation, including the creation of stateless individuals through both legal and administrative means, and emphasizes the need for a coordinated international response to safeguard citizenship rights in these instances.

Economic Implications and Public Readiness for Urban Green Space Development in Agra: A Strategic Evaluation in the City of Taj

Urban green spaces (UGSs) improve the environmental value of the city as well as the quality of life for citizens. Unfortunately, many cities in India are lagging behind the minimum standard of UGS required in the city. For example, Agra city in India, one of the most famous tourist destinations in the world, represents two distinct realities of UGS in the same city. One is the focus of tourism, and the rest is the place of common people with very limited public green spaces, leading to multiple social issues (like spatial polarization, etc.). The secondary data concludes that the PPGC of Agra is lower than the standards, and the ongoing schemes are approached through quantitative methods. Despite having many UGS development schemes, Agra's UGS shows stalled growth. This research examines the policies and programs of UGS development (AMRUT, SCM, etc.) and reviews them to understand the unique gaps and possible regulatory interventions. The study includes an assessment of stakeholders' readiness to accept plausible UGS strategies using an analytical analysis approach. The primary data shows that PPP is the requirement for the integrated development of UGSs. The planners can make policies highlighting citizen's rights and responsibilities to enhance UGSs in Agra.

Pendidikan Politik Perempuan bagi Kelompok PKK sebagai Upaya Pemenuhan Hak Konstitusional Warga Negara di Desa Ledug Kecamatan Kembaran

The aim of this Community Service is to provide knowledge on how to be a smart and wise voter, the procedures for casting votes in the polling station, and the rights of citizens as regulated in the 1945 Constitution so that the PKK group in Ledug Village has political insights and awareness. The Community Service method is carried out through political socialization to women face-to-face, starting from preparation, briefing, to implementation. This service activity is carried out directly by lecturers and students from UIN Prof.K.H.Saifuddin Zuhri Purwokerto. The expected end result of this Community Service is to provide significant benefits to the PKK group in Ledug Village, so that they understand how to cast votes in the polling station, do not abstain from voting, and can actively participate in the Village Head Election 2023 and the General Election 2024.

The political economy of senior care in China: theorising with Chinese feminisms

This article explores the political economy of eldercare labour and the gendered politics of care work in China. Building on insights from research conducted in 2016–17 in Shanghai, we argue that gendered regimes of productive and reproductive labour, processes of class formation and economic reforms articulate with a regime of differential urban citizenship rights – urban and rural hukou – in shaping and influencing the lived experience of paid eldercare workers. As a framework for understanding ‘who cares’ in local eldercare labour markets in China, we follow recent work interweaving social reproduction theory (SRT) and intersectionality. In conversation with those debates, we experiment with mobilising intersectionality alongside SRT as we explore these eldercare workers’ paths into the sector, but argue that attention to the Chinese context and Chinese feminist contributions can also transform SRT and intersectional approaches through historically and materially grounded analyses of evolving relations of exploitation and oppression. This approach enriches the feminist political economy of paid eldercare through attention to who is channelled into this work in one of the world’s largest, and fastest-ageing, economies.

The World Health OrganisationGlobal Code of Practice and migration of health workers from Zimbabwe.

The migration of health workers remains one of the most pressing challenges facing many countries in the global South. This short communication seeks to reignite debate on the effectiveness of the World Health Organisation (WHO) Code as a tool for managing the migration of health workers from the South. While the WHO Code was somewhat effective in reducing the migration of health workers from countries such as Zimbabwe during the first five years of its implementation, demand for health workers in the UK after Brexit and the COVID-19 pandemic has accelerated the rate of migration of health workers from countries facing critical shortages. Clearly, new solutions are needed that strike a balance between the right of health workers in the South to migrate and the right of citizens in the region to a stable supply of health workers.

Activities of Human Rights Organizations to Protect the Rights of Citizens in the Field of Receiving Services in Microfinance Organizations

Activities of Human Rights Organizations to Protect the Rights of Citizens in the Field of Receiving Services in Microfinance Organizations

Citizens' rights in obtaining optimization of the implementation of the national health insurance program

This study aims to analyze the rights of citizens in obtaining optimization of the implementation of the national health insurance program. This research is in the form of normative or doctrinal legal research/library research, using a statutory approach and conceptual approach. The results of the study reveal that the implementation of the right to health based on the mandate of the 1945 Constitution in Indonesia has not been maximally implemented. This can be seen from the application in terms of facilities, health workers and the application in terms of the national health insurance system. Optimizing the implementation of the guarantee with the issuance of Presidential Instruction of the Republic of Indonesia Number 1 of 2022 concerning Optimizing the Implementation of the National Health Insurance Program was also found to be disharmonized with the principle of Portability and the non-fulfillment of the value of justice or equality of National Health Insurance participants, especially the rules on migrant workers. Therefore, it is necessary to conduct an evaluation related to the fulfillment of citizens' rights to health, as well as to review the Presidential Instruction of the Republic of Indonesia Number 1 of 2022 concerning Optimizing the Implementation of the National Health Insurance Program, especially regarding the obligations of pilgrims and migrant workers to remain active participants, so that the value of the principle of benefits can be obtained by all JKN participants fairly.

Labor rights of citizens as a subject of prosecutorial supervision in the XX–XXI centuries: features and prospects

Labor rights of citizens as a subject of prosecutorial supervision in the XX–XXI centuries: features and prospects

РЕГИОНАЛЬНЫЕ МЕХАНИЗМЫ РЕАЛИЗАЦИИ СОЦИАЛЬНО- ОБЕСПЕЧИТЕЛЬНЫХ ПРАВ В РАМКАХ СНГ В РЕТРОСПЕКТИВЕ

This article discusses topical issues of the conditions for the emergence of social security pension rights of citizens in regional interstate treaties of the CIS countries on the basis of comparative legal analysis in their retrospective. The purpose of the study involves revealing the features and content of the applied territorial and proportional principles in the implementation of social security rights by citizens of the Commonwealth countries. Problematic issues are the preservation of pension rights and the export (transfer) of pensions, the calculation of pensions that arise when a person carries out labor activities in one state, when a citizen changes his place of residence or moves from one state to another. It is noted that it is necessary to resolve legal conflicts that have arisen by determining the applicable principles for the implementation of pension rights that apply not only to citizens, but to other categories of the population. The author comes to the conclusion that a rational way out of the current situation in the context of the integration of several states is a fair distribution of responsibility according to the principle of proportional responsibility. It is proposed to coordinate the efforts of the CIS states to bring closer together migration, labor, pension and other areas of legislation, which seems to be an important problem for states due to the intensity of migration flows.

ПРАВОВАЯ ПОЛИТИКА ГОСУДАРСТВ-ЧЛЕНОВ ЕАЭС В СФЕРЕ РЕАЛИЗАЦИИ ПЕНСИОННЫХ ПРАВ

The article discusses issues of legal policy of the EAEU member states in the field of implementation of pension rights of citizens using the comparative method. Based on the legislative practices of states, the author examines the models of state pension systems and highlights their specifics and common, advantageous features. In the process of the study, the essence and direction of reforms of state pension systems were established, aimed at solving a number of problems in reducing social tensions, with the gradual release of the budget from the burden of pension payments, reducing the unemployment rate, which helps to increase the interest of citizens in pension savings and stimulate the personal responsibility of citizens for pension provision for a decent standard of living when acquiring pension rights. It is noted that one of the fundamental principles and norms of international law in the system of protection of social and labor human rights is the right to pension provision, guaranteed by the constitutions of the EAEU member states and their obligations to fulfill the ILO minimum social standards to provide citizens with at least 40% of the level of pensions in relation to average salary. At the same time, states should direct efforts to implement policies to ensure employment, protection against unemployment and the development of non-state investment institutions in the field of pensions.

Participation of the Prosecutor’s Office in the Protection of Socio-economic Rights of Citizens in Bankruptcy Cases: the Problem of Procedural Interaction with Arbitration Courts

The analysis of the legal basis for the participation of the prosecutor’s office in court proceedings in order to protect the most important socio-economic rights of citizens, such as labor and housing rights, in bankruptcy cases. The research focuses on the Russian and Chinese practice of procedural interaction between the prosecutor’s office and the courts in bankruptcy cases. Based on a comparative legal analysis, the author assesses the trend towards increasing the activity of the Russian prosecutor’s office to participate in arbitration proceedings as promising, but requiring regulatory legalization in order to increase the effectiveness of protecting the socio-economic rights of citizens. In order to effectively ensure legality in the field of bankruptcy, it is necessary to legislate the participation of the prosecutor in part 5 of Article 52 of the Arbitration Procedural Code of the Russian Federation for cases when bankruptcy arbitration cases affect not only housing, but also the labor rights of citizens.

Actual Problems of the Prosecutor’s Protection of the Rights of Minors to Education

The article analyzes the problem of ensuring the human rights function in relation to such an unprotected category of citizens as minors. Based on the conducted research of violations that are detected by the prosecutor during prosecutor’s inspections, it was revealed which violations in this area are detected most often and what measures should be taken by the prosecutor to increase the effectiveness of supervision. Practical examples of violations related to the failure to provide minors with the right to receive free and affordable education are given. The author shows that supervision in the field of protection of the rights of minors has always been, is and will remain a priority. The purpose of this activity, implemented by the Prosecutor’s office, is to ensure the real implementation of legislation on the protection of the rights and legitimate interests of minors, the suppression, prevention and prevention of crime of children, as well as this work of the prosecutor’s office is aimed at restoring violated rights of citizens. The author justifiably notes that without compliance with the rule of law and the enforcement of legislation by all participants in educational relations, it is impossible to guarantee the real exercise of their right to education. In this regard, supervision of the implementation of legislation on the education of minors should not be limited to checking educational institutions. Every time, prosecutors should pay attention to the work of the supervisory authorities, to the acts that they draw up. When deciding on the choice of an act of a certain, most effective response act in each specific case, one should be guided by the organizational and administrative documents of the Prosecutor General’s Office of the Russian Federation, after a mandatory assessment of the negative consequences of fulfilling their requirements. When issuing response acts, prosecutors should be aware that such acts should not be aimed at destroying already real relationships, but only at changing them and bringing them into line with current legislation.

Implementation Of Medan Mayor Regulation Number 26 Of 2024 Concerning Guidance For Implementing Subscription Parking Services On The Road Side From A State Constitutional Law Perspective

One of the public policies in the form of regional head regulations of the Regent/Mayor is the Medan City Mayor Regulation Policy (Perwal) Number 26 of 2024 concerning the Implementation of Subscription Parking on Public Roadsides. The regulation implements a roadside subscription parking system in the capital city of North Sumatra Province by subscription starting July 1, 2024. The amount of the subscription parking fee is IDR 90,000/year for two-wheeled vehicles, IDR 130,000/year for four-wheeled vehicles, and IDR 168.000,000/year for trucks/buses.This study uses the Empirical Juridical Type of legal research method, namely research that focuses on examining theory and practice in positive law. is research that places law as a social phenomenon. The data collection method used is by interview. This study refers to primary and secondary data (field and library data). The public supports the subscription parking program to maximize the acquisition of Regional Original Income (PAD) from the parking sector, but the process, substance and implementation must not violate the rights of citizens, especially if it conflicts with applicable laws and regulations.