Dignity Rights Research Articles

Research on the legal framework of personal information privacy protection in automated administrative environment: centered on data security and rights balance

In the digital age, with the increasing importance of personal information, especially in the field of automated administration, the protection of personal information is particularly urgent. Ensuring the security of personal information in automated administration not only helps to safeguard the realization of individual dignity rights and meet the inherent requirements of the principle of proportionality, but also regulates the use of algorithms to avoid discrimination. However, although the legislation on the protection of personal information in automated administration has made some progress, there are still some shortcomings: the legislation is not directly specified, the law is not operable, the supervision and management mechanism is not perfect; There are also problems at the law enforcement level: improper use of immunity in administrative procedures, excessive expansion of the scope of personal information processing; In the relief aspect, there are also challenges: the provisions of administrative public interest litigation are vague, and there are loopholes in the way of liability. In order to improve the protection mechanism of personal information in automated administration, it is necessary to expand the direct regulation of automated administration in legislation, enhance the operability of laws, and improve the supervision and management mechanism of personal information. At the same time, it is also necessary to amend the administrative due process and strictly implement the principle of least necessity at the level of law enforcement. In terms of relief, the applicable rules of administrative public interest litigation should be clarified, and more targeted ways of assigning blame should be established.

Subnational Dignity Rights in America

Subnational Dignity Rights in America

출입국관리법상 아동 ‘보호’와 인간으로서의 존엄과 가치

The Immigration Control Act requires undocumented children subject to a deportation order to be interned until the repatriation is possible. The purpose of this paper is to examine whether the internment of foreign children under the Immigration Control Act violates the human dignity rights under Article 10 of the Constitution. Since children are still physically and mentally immature and are therefore in a vulnerable position compared to adults, the Constitution Law orders special protection for children. However, if the internment conditions of a child under Immigration Control are severe enough and are below minimum survival conditions, such internment conditions infringe on the child's human dignity. As a key indicator of the severity of internment conditions, it is possible to consider whether the internment form is appropriate for children, whether the per capita area in a detention room is too narrow for children, and whether outdoor exercise and outdoor activities are guaranteed every day. In fact, current norms regarding internment in immigration administration do not guarantee that children are interned in detention rooms that are appropriate for them. Opportunities such as outdoor exercise and activities appropriate for children are not guaranteed every day. As a result, children can be interned in closed detention rooms with iron bars with in the same space alongside adults who are strangers to them, and outdoor exercise and activity hours appropriate for their age cannot be guaranteed on a daily basis. This way, considering the norms on internment in immigration administration that allow children to be subjected to severe internment conditions without considering their vulnerabilities and the severe reality of internment that occurs accordingly, the internment clause for repatriation under the Immigration Control Act seems to treat children as simple objects for immigration administrative. Therefore, the internment clause under Immigration Control Act is assessed to infringe on the human dignity of a child.

Introduction to Dignity Law

This article introduces the idea of human dignity as a legal concept and demonstrates how that idea can be used to protect people who migrate. Migration involves moving from one place of residence to another, within a country or across an international border, temporarily, or permanently, for myriad reasons. Dignity is an inherent human quality that embodies the equal worth of every person, everywhere. Dignity matters to migrants because it is inherent in the human person and inalienable; it therefore travels with migrants wherever they go, it does not depend on government grace and it cannot be abridged by governmental or private action. Because it reflects equal worth, it demands that migrants are treated by public and private actors as having the same inherent worth and value as every other person, whether they are citizens or not. This means that every person has the same right as any other person to have their dignity respected, in terms of quality of life, access to services, security, and every other way that matters. While dignity rights are reflected in most of the world’s constitutions and are embedded in human rights law at the international, regional, national, and subnational levels, they must be implemented and applied for the benefit of people who migrate within countries and across borders.

Constitutional Human Rights Of Transgender Persons In Pakistan: A Linguistic And Social Inquiry

This paper aims to investigate the lexical choices made in the Constitution to represent gender, the granted constitutional human rights of transgender persons, and contradictory social practices from the perspective of making them powerless and marginalized in terms of non-gender binary. The quantitative analysis of the second section of the Constitution related to human rights and principles of policy for government in terms of nouns and personal pronouns to represent generic pronouns and its implication for gender representation in a legal document was carried out through simple concordance program 4.0.5 by generating word list of data to find the frequencies. Moreover, the basic human rights of dignity, education, health care, financial security, employment opportunities, and equality in all respects ensured to all the citizens of state are discussed and social realizations of these rights for transgender are explored. The findings reveal that transgender persons neither have any representation in the Constitution of Pakistan nor they are the recipients of basic human rights in Pakistani society as compared to other marginalized groups like women, children and differently able people. To conclude, it can be said that although in the last decade, governments have passed some policies (Transgender Persons Welfare Policy, 2018) to empower Transgender community, yet, a long-term nation based social awareness program and implementation of policies are recommended to make transgender persons’ lives better in letter and spirit.

THE FIRST ROMANIAN REGULATION ON MORAL HARASSMENT

Since August 10 th 2020 entered into force the first Romanian normative act expressly regulating the moral harassment, Law no. 167/August 7th 2020 amending Government Ordinance no. 137/2000 on the prevention and sanctioning of all forms of discriminations, and Law no. 202/2002 on equal opportunities and treatment for women and men. In July 2020, about one month before the coming into effect of the regulation on moral harassment, the Law 53/2003 -the Labour Code- was amended through Law no. 151/2020 which supplements the provisions safeguarding the principle of equality of treatment and the principle of human dignity. The paper is an analysis of the rights and obligations provided for by the recently adopted legal framework, of the legal measures having as purpose to improve the protection of these principles, identifying the legal aspects of an absolutely new character, highlighting the benefits of the new regulations for vulnerable holders of such rights, as well as some of Romanian legislator's reasons. Even if moral harassment is not a new phenomenon at all, the abuse behaviour and its numerous faces, its consequences on physical, mental and emotional health, the existence of equality and dignity rights and the possibility to defend them are less known in Romania, and therefore less respected. The new regulations above safeguarding against visible and invisible abuse, particularly the Law no. 167/August 7th 2020 modifying the Government Ordinance no. 137/2000, should be considered a great first step toward a new age of fundamental rights protection in the Romanian society. Keywords: moral harassment, principle of human dignity, principle of equality of treatment, physical, mental and emotional health, stress and physical exhaustion, high liability standards.

Collision of Fundamental Human Rights and the Right to Health Access During the Novel Coronavirus Pandemic.

Introduction: COVID-19 requires governmental measures to protect healthcare system access for people. In this process, the collision of fundamental rights emerges as a crucial challenge for decision-making.Policy Options and Implications: This policy review analyzes selected articles by the PubMed searcher about extreme measures taken in several countries during precedent pandemics and the current pandemic, and selects hard decisions relating to the exceptional measures taken by judicial departments in Brazil, connecting them to the “collision of fundamental rights and law principles.” The collision of rights and principles imposed on decision makers a duty to provide balanced rights, and to adopt the enforcement of some rights prioritization. Ethical concerns were also verified in this field involving rights limitations. During a pandemic, the importance of extreme measures to protect health rights and healthcare systems is instrumental for focused, fast, and correct decision making to avoid loss of life and the collapse of healthcare systems. The main goals of this research are to discuss the implications and guidelines for public health decision making, the indispensable ethical and legal aspects for safeguarding health systems and the lives of people, and the respect of the Justice principle and of fundamental health and dignity rights. We conclude that COVID-19 justifies the prioritization of collective and individual health access rights. Acceptable standards of fundamental rights restrictions are established at the constitutional and international levels and must be enforced by rules and governmental action, to ensure fast and accurate decision making during a pandemic. Freedom rights exercises must be linked to solidarity for the realization of social welfare, for the health rights of all individuals and for health systems to function well during a pandemic.Actionable Recommendations: All individuals are free and equal, therefore social exclusion is prohibited. Institutions must consider social inequalities when discussing public health measures and be guided by ethical standards, by law principles, and rules recognized by constitutional and international law for the benefit of all during a health pandemic.Conclusions: Collective and individual health rights prevail over the collision of rights when facing pandemic occurrences, case by case, in health systems protection, based on the literature, on precedent pandemics and on legitimate Public Health efforts.

Realization of the Dignity Rights of an Individual with Disabilities in the Conditions of Modern Russian Society

Realization of the Dignity Rights of an Individual with Disabilities in the Conditions of Modern Russian Society

Moving beyond refugees and migrants: reconceptualising the rights of people on the move

The two Global Compacts on Migration and on Refugees, adopted in December 2018, reflect public and policy discourse and international legal norms in differentiating between “refugees” and “migrants”. Yet, in a context of mixed migration flows, where migrants and refugees move along the same routes and are, for all but legal purposes, indistinguishable, it can be questioned to what extent distinctions in law are adequate. This essay challenges the dichotomy between “refugees” and “migrants” and instead refers to “people on the move” as an overarching category including a wider range of human mobility for whom there needs to be a basic standard of protection. More specifically, the essay argues we should broaden our analysis to include the rights of people on the move. We thus make an attempt at conceptualizing and delineating the rights of people on the move, anchored in a human rights approach, and pay particular attention to those rights that are the most relevant, namely their mobility rights, safety and dignity rights, and legal protection rights.

Analysis of the Vulnerability Model for Decision-Making in the Field of Care for the Elderly

This article analyzes the validity of vulnerability as a model for decision making regarding the personal and socio-family situation of the elderly person in need of care. The adequacy of the model responds to the centrality of the risk element in decision-making, the nature of care and respect for the principles that inspire the rights of vulnerable older persons. The concept of vulnerability connects with a new conception in which vulnerability is based, not only on the loss of autonomy, but also on the susceptibility to bankruptcy of the rights of dignity and integrity in daily life; in line with an existentially diverse and vulnerable human conception. The incorporation of this approach to the Law of the capacity of the elderly and regulation of social services will require its consideration in the reports and diagnoses of Social Work.

Analysis of the Vulnerability Model for Decision-Making in the Field of Care for the Elderly

This article analyzes the validity of vulnerability as a model for decision making regarding the personal and socio-family situation of the elderly person in need of care. The adequacy of the model responds to the centrality of the risk element in decision-making, the nature of care and respect for the principles that inspire the rights of vulnerable older persons. The concept of vulnerability connects with a new conception in which vulnerability is based, not only on the loss of autonomy, but also on the susceptibility to bankruptcy of the rights of dignity and integrity in daily life; in line with an existentially diverse and vulnerable human conception. The incorporation of this approach to the Law of the capacity of the elderly and regulation of social services will require its consideration in the reports and diagnoses of Social Work.

Dignity Rights for a Pandemic

The concept of human dignity means, quite simply, that every person has inherent equal worth. This incontrovertible but profound concept is derived from the body of dignity law that has developed since the end of World War II at the international, regional, national, and subnational levels, where dignity has become the central axis around which law rotates. Both the UN Charter and the Universal Declaration of Human Rights confirm the foundational place of the recognition of human dignity in the building of the new postwar world order. Advancing human dignity also is a central premise of the binding International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights, and virtually all subsequent instruments addressing human well-being. The right to dignity is guaranteed by the national constitutions of more than 160 countries. Further, courts around the globe have applied the right to dignity thousands of times in cases involving issues that matter everyday to everyday people, including involving poverty, employment, marriage, adoption, incarceration, education, safety, health, discrimination, immigration, and police brutality, and many more. The pandemic wrought by Covid-19 has tested the boundaries of dignity’s role under the of law. Millions are infected. Hundreds of thousands have died. Nations have closed their borders. People are quarantined, desparate, and desparing, leading to social and economic dislocation not seen since the Great Depression. This article highlights the normative and legal dimensions of dignity, and how taking account of dignity under law can improve outcomes during the pandemic. It theorizes that, while not a cure, recognizing dignity under law can be therapeutic in these troubling times.

Governing the Belongings of the Precariously Housed: A Critical Legal Geography

Precariously housed people face serious challenges in securing their personal possessions from the actions of both private and public actors. This is despite evidence of widespread destruction, seizure, and theft; associated violations of equality and dignity rights; the significance of the belongings to their owners; and the heightened vulnerability that the loss of their belongings may place people in. Law seems to provide minimal recognition and protection of precariously housed people's possessions. There is a significant lack of scholarly and policy attention given to the issue. We lay out some preliminary concepts for the analysis of this important topic, focusing on critical legal geography, evaluation, governance, and personhood, before introducing our own research project.

Imbricaciones dogmático-jurídicas de la institucionalización normativa de revictimización en México

A partir de la instauración del sistema garantista en México, proclamado por la reforma constitucional en materia penal acaecida en 2008, se reafirmaron los derechos de la víctima como sujeto de protección del Estado. Para esto, se emitió en 2013 la Ley General de Víctimas, un ordenamiento que en su diseño normativo adolece de precisión sobre los sujetos obligados a vigilar que se garantice el otorgamiento de la reparación integral como prerrogativa inherente al sujeto pasivo u ofendido del delito.Asimismo, se aprecia que en la reforma al referido ordenamiento legal, acaecida en 2017, se presentan dos graves problemáticas: la tutela simbólica de la participación de la sociedad civil en las acciones tendientes a cumplimentar la reparación integral; y la difuminación la idoneidad del perfil del Comisionado Ejecutivo del Sistema Nacional de Atención a Víctimas. Esto último legitima la presencia de personas que no posean las bases académicas y/o profesionales para garantizar la reparación integral a quienes resintieron los efectos de las conductas punibles, circunstancia que no concuerda con las directrices de un Estado Democrático de Derecho.En esta tesitura, se analizan los elementos esenciales de las políticas públicas tradicionales frente a las políticas públicas con enfoque de derechos humanos. Se busca determinar si, en efecto, el actual diseño normativo de la obligación estatal de garantizar la reparación integral a las víctimas del delito se ajusta al paradigma proteccionista impulsado a través de la positivización de los derechos humanos en la Constitución Política de los Estados Unidos Mexicanos.Introducción: El presente documento contempla la revisión dogmática del derecho victimal y su devenir histórico en México, a través de las reformas constitucionales generadas a partir de 1993. Contempla también el estudio de los elementos esenciales de la reparación integral y su vinculación con el derecho fundamental de dignidad humana, consagrado a nivel federal e internacional. El fin es sentar la base analítica sobre la institucionalización de la revictimización en México, con motivo de la ambigüedad en el diseño de la Ley General de Víctimas relativa al establecimiento puntual de la autoridad legitimada para velar que se garantice la reparación integral, circunstancia que distorsiona la obligación manifiesta del Estado mexicano de generar políticas públicas que protejan la dignidad humana.Método: A partir de la perspectiva de los métodos sistemático jurídico y comparativo, se reflexiona sobre las particularidades del derecho victimal como punto vinculante con los elementos esenciales de una reparación integral, y el concepto de revictimización impulsado por el Modelo Integral de Atención a Víctimas. Esto con el fin de generar un hilo conductor con la explicación sobre la revictimización institucionalizada, producto de la ambigüedad normativa en el señalamiento de los sujetos obligados para vigilar por el cumplimiento de la reparación integral por ministerio de la Ley General de Víctimas en su última reforma de 2017. La circunstancia antes descrita no se ajusta a los postulados de una política pública con perspectiva de derechos humanos, inherente al espíritu proteccionista enaltecido a través de las reformas constitucionales en materia penal y de derechos humanos.Resultados: El diseño normativo de la Ley General de Víctimas impulsada por el Estado mexicano, consagra una revictimización institucional provocada por la ambigüedad en el señalamiento preciso de las autoridades encargadas de vigilar el cumplimiento de la reparación integral. Esta situación trastoca el derecho fundamental de dignidad humana establecido en el artículo 1 de la Constitución Política de los Estados Unidos Mexicanos; el artículo 11.1 de la Convención Americana de Derechos Humanos; el artículo 1 de la Declaración Universal de los Derechos Humanos; y el artículo 10.1 del Pacto Internacional de Derechos Civiles y Políticos, elementos sustanciales del Derecho Internacional de los Derechos Humanos.Discusión o Conclusión: En aras de garantizar la tutela efectiva del derecho fundamental de dignidad humana, el Estado mexicano debe precisar, en el numeral 1° de la Ley General de Víctimas, las autoridades legitimadas para verificar el cumplimiento del derecho de reparación integral; es decir, la puntualización de los sujetos obligados que deben responder por el incumplimiento del deber legal que les imponen el ordenamiento en comento. La Constitución Política de los Estados Unidos Mexicanos y los tratados internacionales como estándar irreductible de las políticas públicas con enfoque de derechos humanos.

ANALYSIS OF THE VULNERABILITY MODEL FOR DECISION-MAKING IN THE FIELD OF CARE FOR THE ELDERLY

This article analyzes the validity of vulnerability as a model for decision making regarding the personal and socio-family situation of the elderly person in need of care. The adequacy of the model responds to the centrality of the risk element in decision-making, the nature of care and respect for the principles that inspire the rights of vulnerable older persons. The concept of vulnerability connects with a new conception in which vulnerability is based, not only on the loss of autonomy, but also on the susceptibility to bankruptcy of the rights of dignity and integrity in daily life; in line with an existentially diverse and vulnerable human conception. The incorporation of this approach to the Law of the capacity of the elderly and regulation of social services will require its consideration in the reports and diagnoses of Social Work.

Maathru Samman Pants: An initiative towards "Respectful Maternity Care".

Respectful maternity care is the new approach under National Health Mission providing services towards improved satisfaction of pregnant women while in the health facility. Maathru Samman Pants is a new transformational initiative respecting both the psychological and physiological concerns of the pregnant woman and her family during labor. Maathru Samman Pant is a pant with vulval opening which is appropriate in size to perform procedures like per vaginal examination, episiotomy, forceps, ventouse application, bladder catheterization, and delivery of baby and placenta with flap on the front and the back for privacy in various positions. This short communication outlines the background, features, benefits, and future directions of Maathru Samman Pants. I emphasize the need for dignified obstetric care, ensuring that all women receive high-quality, equitable, and respectful maternity care in all health facilities. To the present published literature, Maathru Samman Pants is the first of its kind in India for pregnant woman in normal labor. Innovation is vital to address patient needs in present tumultuous environment. Respectful maternity care standards need to be the designed in continuum with patient's perspectives. Therefore, I call on health system across various states to introduce Maathru Samman Pants, like Andhra Pradesh, thereby ensuring the respect of women's basic human right of dignity which is beyond the prevention of mortality and morbidity. The implications of this innovation (Maathru Samman Pants) should not be limited to India only; rather, it should be contemplated by the other health facilities worldwide.

'The Pain I Rise Above': How International Human Rights Can Best Realize the Needs of Persons with Trauma-Related Mental Disabilities

Persons with mental disabilities — and specifically those with trauma-related mental disabilities — must seek to rise above their pain each day, in a world that is not designed to understand or have compassion for their individualized needs. This population is disproportionately traumatized, not only by the existence of their disability, but also by how others treat them. This article explores how international human rights documents — particularly the UN Convention on the Rights of Persons with Disabilities (CRPD) — can be used to realize the rights of dignity, respect, and equality for persons with trauma-related mental disabilities, and how trauma-informed practice, therapeutic jurisprudence, and problem-solving courts can be utilized to ensure the protection of the rights of individuals with trauma-related mental disabilities.

Centering Women in Prisoners' Rights Litigation

This Article consciously employs both a dignity rights-based framing and methodology. Dignity rights are those rights that are based on the Kantian assertion of “inalienable human worth.”29 This framework for defining rights spans across a number of disciplines, including medicine and human rights law.30 Disciplinary sanctions like solitary confinement or forced medication might be described as anathema to human dignity because of their degrading effect on an individual’s emotional and social well-being. This Article relies on first-person oral histories where possible. Bioethics scholar Claire Hooker argues that including narratives in work on dignity rights “is both a moral and an aesthetic project.” Using oral histories in this way—requesting, offering, and receiving narrative—is important for two reasons. First, it is crucial for developing a shared understanding of the context surrounding the event, such as the position, setting, and social order. First-person narratives reveal the human experience behind legal rules. Secondly, the methodology is significant to dignity rights scholarship since it respects and augments the idea of a right to dignity by recognizing that the people who are primarily affected by an event are the people best informed about the dynamics of the harm they have endured. The precise influences that lead an individual to articulate her rights cannot be conveyed through court records or opinions. That process occurs before, beside, and in the aftermath of litigation. Traditional forms of scholarship—those based on highly bureaucratic processes such as court decisions and filings—may even be considered dignity-violative. For women of color or poor women, those indignities are often rendered invisible by supposed “neutral” applications of law and summarization of harms in court decisions. In this way, marginalizing individual narratives can be dignity-corrosive. To examine the role of women in the development of prisoners’ rights litigation, I conducted oral history interviews with three individuals involved in the lawsuits from Bedford Hills Correctional Facility in the 1970s.

Análisis del modelo de vulnerabilidad para la toma de decisiones en el ámbito de los cuidados de las personas mayores

Este artículo analiza la validez de la vulnerabilidad como modelo para la toma de decisiones relativas a la situación personal y socio-familiar de la persona mayor necesitada de cuidados. La adecuación del modelo responde a la centralidad del elemento riesgo en la toma de decisiones, a la naturaleza del cuidado y al respeto de los principios que inspiran los derechos de las personas mayores vulnerables. El concepto de vulnerabilidad entronca con una nueva concepción en la que la vulnerabilidad se fundamenta, no sólo en la pérdida de la autonomía, sino en la susceptibilidad de quiebra de los derechos de la dignidad e integridad en la vida cotidiana; en consonancia con una concepción humana existencialmente diversa y vulnerable. La incorporación de este enfoque al Derecho de la capacidad de la persona mayor y regulación de los servicios sociales, exigirá su toma en consideración en los informes y diagnósticos de Trabajo Social.

Marital Rape: Legal Framework In India

Marital rape violates the right of dignity of a married woman. It breaches the trust of wife. Even then, it is not criminalized as rape in India. It raises a question, is a married woman being considered an object or the property of the husband. It also raises the question, as to does a married woman has right to save her body from the lust of her husband. No doubt the purpose of the marriage is to provide right to have sex with wife. This paper points out whether this right can be coupled with force or right to have sex is only coupled with will or consent of wife. The purpose of the marriage in point of view of right to have sex should only be providing satisfaction of biological need without any check or burden of society and law. India has been a male dominated society and it is also a fact that Indian culture gives special status to the women. Today, we talk about women empowerment. Many rights have been provided to the women in India. But in a male dominated society, would women be empowered in real sense without criminalizing marital rape. The main purpose of this paper is to find out as to whether sex without the consent of wife should be considered as rape. Doctrinal method of research will be applied in this paper.