Minority Rights Research Articles

The needs of the many: Exploring associations of personality with third-party judgments of public health-related utilitarian rule violations.

Safeguarding the rights of minorities is crucial for just societies. However, there are conceivable situations where minority rights might seriously impede the rights of the majority. Favoring the minority in such cases constitutes a violation of utilitarian principles. To explore the emotional, cognitive, and punitive responses of observers of such utilitarian rule transgressions, we conducted an online study with 1004 participants. Two moral scenarios (vaccine policy and epidemic) were rephrased in the third-party perspective. In both public health-related scenarios, the protagonist opted against the utilitarian option, which resulted in more fatalities in total, but avoided harm to a minority. Importantly, in vaccine policy, members of the minority cannot be identified beforehand and thus harm to them would have been rather accidental. Contrariwise, in epidemic, minority members are identifiable and would have needed to be deliberately selected. While the majority of participants chose not to punish the scenarios' protagonists at all, 30.1% judged that protecting the minority over the interests of the majority when only accidental harm would have occurred (vaccine policy) was worthy of punishment. In comparison, only 11.2% opted to punish a protagonist whose decision avoided deliberately selecting (and thus harming) a minority at the cost of the majority (epidemic). Emotional responses and appropriateness ratings paralleled these results. Furthermore, complex personality × situation interactions revealed the influence of personality features, i.e., trait psychopathy, empathy, altruism, authoritarianism, need for cognition and faith in intuition, on participants' responses. The results further underscore the need to consider the interaction of situational features and inter-individual differences in moral decisions and sense of justice.

IMPROVED ABILITY TO ANALYZE CASES OF HUMAN RIGHTS VIOLATIONS THROUGH INQUESTS STUDENTS OF CLASS XI IIS-1 SMA NEGERI 21 SURABAYA

There are many human rights violations in Indonesia, whether committed by the government, security forces or by the community itself. We can also easily find human rights violations around our neighborhoods that affect children, for example minors who earn money for their families or other irresponsible parties. In Law No.39 of 1999, human rights violations are every act of a person or group of people, including state officials, whether intentional or unintentional, or negligence, which unlawfully reduces, hinders, limits and revokes the human rights of a person or group of people guaranteed by this law and does not get or is feared will not get a fair and correct legal settlement. Based on the applicable legal mechanism, which is now Law No.26/2000 on Human Rights Courts, human rights violations are every act of a person or group of people, including state apparatus, whether intentionally or unintentionally or negligently, which legally reduces, obstructs, limits and or revokes the human rights of a person or group of people guaranteed by this Law, and does not get or is feared will not get a legal settlement in force. Human rights violations can be grouped into 2 types, namely gross human rights violations and minor human rights violations. Crimes of genocide and crimes against humanity are included in gross human rights violations. The crime of genocide itself, according to Law No.26/2000 on Human Rights Courts, is any act committed with the intent to destroy or annihilate all or part of a group, nation, race, ethnic group and religious group. The inquiry method is a teaching and learning activity in which students are faced with a situation/problem to then look for answers or conclusions. The answer or conclusion is not necessarily a solution to the problem or situation at hand. It can also be that the answer only reaches the level of finding things that cause the situation or problem to arise. This class action research was carried out using the Inquiry method in two cycles with the setting of Class XI IIS 1 at SMA Negeri 21 Surabaya in Semester I of the 2022/2023 academic year. This can be seen from the increase in the value of student learning outcomes before the study was: 56.11 (low), in cycle 1 there was an increase to : 67.05 and in cycle 2 is: 82.96 (good).

Theoretical Reviewing Of Overlapping Consensus In The Context Of Abortion Debate

Since the beginning of the late modern era, modern constitutions have been trying to keep both group
 rights as minority rights and individual rights. But, in some cases, it is still ambiguous if an action or a
 phenomenon must refer to individual rights or group rights. Abortion discussions, with regard to political
 rights, are one example of these ambiguous cases. In this context, whereas Liberal view tends to regard
 abortion as individual rights of a woman, Communitarian view can be against it by pointing out the right
 to life and this case may lead to a kind of liberal constitutional crises. This article gains importance as such
 constitutional crises still emerge even nowadays. John Rawls’s theory of overlapping consensus in Political
 Liberalism tries to solve these political conflicts that emerged in liberal constitutions by prioritizing public
 reason. This article conceptionally aims to examine Rawls’s theory in terms of prioritization and value
 relativity in abortion discussions. The method of article is hermeneutics. In order to extend the universe of
 the discussion, some important thinkers such as Immanuel Kant, Isaiah Berlin and John Gray, who have
 related studies on the topic, were included. In conclusion, it is asserted that Rawl’s theory is weak both
 practically and theoretically as to the principle of utilitarianism violates the rights of communitarians.

Challenges to freedom of religion or belief in the European multicultural context (the case of religious education)

The article analyses a new perspective to the religious factor in the public sphere on the example of religious education in public schools, suggested by the international Research Project Atlas of Religious or Belief Minorities Rights in the EU. The author underlines the high level of the theoretical, methodological and practical research of the Project Atlas. The article aims to outline the main trends, innovations and perspectives of the religious education in public schools, using the results and recommendations of the Project Atlas. To achieve this goal, the author examines 4 clusters: the diversity of models of the religious education, how R/B education is provided, the right to be exempted from the R/B instruction, manifestation of Religion/Belief at school: religious symbols, religious holidays, dietary requirements. It is revealed that the recommended approach to provide all minorities the right to teach their religions and beliefs in public schools creates new issues in the context of multiculturalism in terms of the legal status and practical curriculum. The author emphasises the benefits of the non-confessional model proposed by Culture and Religion Studies, within which cultural and religious diversity can be maintained and can flourish for the common good.

Protection of Rights and Freedoms of Minors in Employment: International Law and Experience of Ukraine

The issue of protecting the rights of minors is undoubtedly relevant. There is a tendency in society when the employment of minors in the labor market is growing. The purpose of the article is to analyze the theory and practice of legal regulation of labor of minors under Ukrainian and international law and to find the optimal solution to the problematic issues that exist in this area. The article deals with the legal features of the work of minors at the national and international levels. Universal international legal acts enshrine the fundamentals of protection of the rights of minors from forced labor and oblige states to set a minimum age for employment and prohibit minors from holding certain positions. National legislation extends the norms on the work of minors in accordance with their labor market, clarifies and expands the rights of minors and the employment procedure. Despite the fact that the rights of child workers are clearly regulated, the state should eliminate certain shortcomings to ensure the rights and freedoms of this group of workers. The authors conclude that the term "light work" needs to be clarified, and a detailed classification of child workers depending on their age and state benefits is necessary. It is necessary to take educational measures to inform minors about their rights in the field of employment, and to develop a simplified mechanism for the protection of their rights. Scientific work can contribute to consolidate Ukraine's international relations with that of other countries in terms of developing bilateral relations to protect the rights of underage workers.

The Legal Policy in the Sphere of Protection of Rights of Minors: The Experience of the Russian Federation and Foreign Systems of Justice

The Legal Policy in the Sphere of Protection of Rights of Minors: The Experience of the Russian Federation and Foreign Systems of Justice

Argumentative Representation and Democracy: A Critique of Alexy's Defense of Judicial Review of Legislation

AbstractRobert Alexy has argued that the democratic objection to judicial review of legislation can be successfully addressed by assuming that judges exercise a special form of argumentative representation. In this article we argue that Alexy does not explain (as he should) under what circumstances judicial review tends to produce better decisions than parliamentary procedure, nor does he explain how judicial review can have a greater intrinsic value than parliamentary procedure. Subsequently, we argue that the intrinsic value of argumentative representation depends on the promotion of citizen deliberation, whereas its instrumental value depends on judges being committed to the rights of discrete and insular minorities in the face of hostile majorities.

CONSENSUAL DEMOCRACY IN NORTH MACEDONIA, ACCORDING TO ARBËN XHAFERI

<p><span>In this study, focused on the political thought of Arbën Xhaferi, this politician, diplomat and philosopher, known among Albanians and beyond, his views on solving inter-ethnic problems within multi-ethnic states, which can lead to possible conflicts, are discussed. The unresolved issue of not only the rights of minorities in many countries can become the cause of inter-ethnic conflicts, which has been proven in history, from the oldest to the most recent one. Considering all these possible social crises, which according to Xhaferi can be resolved through the good will of the two parties in conflict, as an intellectual, politician and as a party leader, he took this issue seriously, even in the form of his practical action and engagement in solving problems of this nature, by being one of the participants in the Ohrid Framework Agreement, whose primary goal was to end the 2001 conflict in Macedonia, which erupted just because of the non-applicability of the rights of a large portion of Macedonian citizens at the time, such as the Albanians. In the study, in addition to Xhaferi's views on the issue of consensual decision-making, we also talk about the views of other personalities related to the phenomenon of consensual resolution of conflicts, such as Max Weber, Kavanagh, Maurice, Lijphart and others.</span></p><p><span><strong>Keywords:</strong> politics, conflict, consensus, majoritarianism, over voting, equality, binational.</span></p>

The question of national identity and the immigration of Kosovo Muslims to Turkey during the Yugoslav communist regime

ABSTRACT This paper attempts to answer some questions about the Yugoslav communist regime's identity policy in Kosovo: did the authorities encourage Turkification of Albanians or Albanisation of Turks, and how was the issue of Turkish emigration from Yugoslavia to Turkey handled in the 1950s? Answers to these questions may also prove useful in discussing the question of the determinants of the nationality policy of the Communist Party of Yugoslavia under the leadership of Josip Broz Tito. The study is based on the analysis of state documents kept in different archives in Belgrade, Pristina, and Tirana, and the relevant literature in Serbian, Albanian, Turkish, and English. It is my contention that the Turkish minority in Kosovo was in the first post-war years denied the recognition of its national identity and minority rights, and that its status largely depended on the Yugoslav communist leadership's strategy of subordinating Yugoslavia's national interests to the particular interests of the six federal and two autonomous units into which it was divided. I argue that the Yugoslav government implemented different policies regarding emigration to Turkey in Kosovo and Macedonia and that it sought to halt the emigration of Kosovo Albanians, as evidenced by available data.

The role of ethnic identification, allyship, and conflict narratives in supporting pro-minority policies among majority and minority groups.

Using the context of the Turkish-Kurdish conflict, Studies 1 and 2 tested how ethnic identification predicted support for minority rights through the pathway of the endorsement of the conflict narrative of the minority group (i.e., independence narrative) among Kurds (Study 1) and Turks (Study 2) in Turkey. Study 2 also tested whether the paths between (a) ethnic identification and endorsement of the minority group's conflict narrative and (b) endorsement of the minority group's conflict and support for minority rights would be moderated by ally identification (i.e., Turkish ally identification). 201 self-identified Kurdish participants in Study 1 and 271 self-identified Turkish participants in Study 2 participated in an online survey voluntarily. In Study 1, stronger Kurdish identification predicted more support for minority rights through the pathway of more endorsement of the independence narrative. Study 2 showed the opposite findings with regard to the relationship between ethnic identification and support for minority rights. For the majority group, higher ethnic identification predicted less support for minority rights, through the pathway of less endorsement of the minority group's conflict narrative. Study 2 also found that the strength of the relationship between (a) ethnic identification and endorsement of the minority group's conflict narrative is particularly strong among strong allies, whereas the strength of the relationship between (b) endorsement of the minority group's conflict narrative and support for minority rights is particularly strong among weak allies. Results point to the important relationship between ethnic and ally identities, conflict narratives, and intergroup-related outcomes. (PsycInfo Database Record (c) 2021 APA, all rights reserved).

The Potential and Limitations of the Treatment of Caste Discrimination in International Human Rights Law

This paper critically evaluates all the developments that lead to the making of caste discrimination an issue in international human rights law (IHRL) – both as racial discrimination and as an issue of the minority rights regime. It explores the reasons why such developments and the politics of it have proven to be insufficient in cause and totality in addressing the rampant abuses of the human rights of Dalits. While focusing on the obvious limitations of the minority rights regime in including Dalits as a minority, it weighs the limitations and the potential of the existing IHRL corpus in addressing caste discrimination. The paper will first outline the genealogy of caste discrimination in IHRL, which will provide a descriptive account of all the developments. I identify the treatment of caste in terms of a “violating norm” and as a “violation sub-category”. Then the paper seeks to engage with the theory on the limitations and critiques of IHRL, to argue that there are theoretical and legal-doctrinal fault lines in the conception of caste discrimination as a sub-set of descent-based racial discrimination both normatively and interpretatively. To support this argument the paper explores reasons for the failure of IHRL in critical legal thought – which outline the triumph of cultural and social pressures in the society over the language of IHRL. Following this, a novel attempt is made to develop the concept of “cultures of oppression” as a central theme in imagining a “Dalit critique of IHRL” which in my opinion is not only a normative contribution to the critical discourses in reimagining IHRL which is more responsive to the problems of Dalits, but also provides a new outlook for human rights movements to combat caste discrimination.

Importance of language rights of indigenous tribal minorities & their protection under the ambit of Human Rights Law

This paper starts with the argument that, whether Language rights are considered as a part of Human Rights under various International Treaties & Conventions. If yes, then how far the recognition is substantive in protecting the Linguistic Rights especially with reference to Indigenous Tribal Minorities (ITM) communities across the globe and with case studies involving India. Further, this research examines whether the protection of Language or Linguistic Rights covers the importance of Language in accessing health care which is considered one of the most fundamental human rights, and how due to the non-recognition of Language rights of Indigenous Tribal Minorities, there is a grave miscarriage of justice and violation of their human rights. This paper will also involve a critical legal analysis of various judgments under various jurisdictions and how the issue of language rights has been considered and how far it has been considered instrumental in linking with human rights such as access to health care facilities. This paper by taking the example of non -accessibility to health care access due to lack of linguistic recognition tries to uncover how language plays a crucial role, especially in the linguistic minorities communities, especially that of Indigenous Tribal and results in discrimination due to the communication gap that has been created due to negligent legislative approach. Lastly, the paper studies various best practices followed by some of the countries from which other countries could learn and implement in their respective legislations to protect the human rights of Indigenous Tribal Minority communities.

The Ohrid Framework Agreement and International Law: Twenty Years of Development

The Balkans can be described as a laboratory of modernity, especially when it comes to the form of multicultural life in the communities. The modern nation states that formed from the dissolution of Yugoslavia in the 1990s were faced on the one hand with a “need” to establish a state for the majority dominant ethnic group, and on the other hand to reconcile the multicultural reality of their societies and accommodate for the rights of minorities. This paper will focus on the constitutional and legal implications that followed the signing of the Ohrid Framework Agreement (OFA). It will also give an overview of the contents of the OFA and subsequent legislation juxtaposing it to international standards prescribed by documents such as the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and the Framework Convention for the Protection of National Minorities of the Council of Europe. In the context of this legal analysis, the paper will examine the developing political environment through analysing certain dynamics in the political system focusing on parliament and political parties. It will also follow the discourse and popular support of the agreement and its effects on the internal and external stability of North Macedonia.

Rohingya: a Neglected Ethnic, Potential for Nation Development in Myanmar

There has been discrimination against the human rights of the Rohingya ethnic minority in Myanmar. There have been a number of attempts by the incumbent regime to remove their citizenship status in Myanmar. The world community; caring countries; non-state and other international organizations that are pro-humanity reacted strongly. However, the regime in power did not ignore it, even closed itself off from various responses from various parties and still did not recognize the citizenship status of the Rohingya ethnicity. The question is, why does the ruling regime insist on not recognizing the citizenship status of the Rohingya? Why do regional and international organizations respond to discrimination against the Rohingya?; What ideas are offered to make “ethnicity” a capital for nation building?. The research uses qualitative methods with literature study, sourced from secondary data from documentation and literature. The finding is that the Rohingya ethnic citizenship status that is not recognized can perpetuate the domination of the military regime's power in Myanmar. The international response to discrimination in Myanmar is a form of concern for ensuring the upholding of the pillars of democracy, global security, international law and human rights in Myanmar. A new ideology is needed for tomorrow's generation in order to change the "ethnic faction" into the nation's "development energy"

Islam and the Politics of Secularism in Pakistan

In terms of their political and ideological success, Pakistani Islamists have had several ups and downs since Pakistan became the Islamic Republic in 1956. Islamists strive to safeguard the Islamic state’s status quo while simultaneously expanding the reach of Sharia. Despite insignificant electoral victories, Islamists have largely been able to dictate national identity policies to civilian and military governments. A major hurdle to the promotion of pluralism in Pakistan is noticeable through persistent opposition to secularism by major political actors. Despite different political ideologies, major political parties refrain from promoting secularism in Pakistan; however, such views are more rigid in the case of Islamists. The purpose of this article, therefore, is to examine and compare the discourses of Islamists and other political parties in relation to Pakistan’s identity, reforms and anti-Westernism, religious minorities, and secularism. Based on the analysis, this paper argues that the views of Islamists and non-religious political parties are very similar regarding Islam and Pakistan’s identity, secularism, and minority rights in Pakistan.

Education management in the context of the development of the digital educational environment: problems of the realization of the rights of minors to education

Introduction. The use of digital technologies on minors can be assessed in two ways, on the one hand, they bring many benefits (online communication, the use of various research platforms for self-development, free access to information, etc.), on the other hand, they have a negative impact (cyberbullying, cyberfraud), destructive and even illegal content, immersion in the virtual world, digital addiction, etc.). The purpose of this article is to study the implementation of the rights of minors to education in the field of developing a digital educational environment. Materials and methods. The study of the problem of realizing the rights of minors to education using the digital environment was carried out by the method of sociological research, in which 500 respondents aged 13 to 18 years old, students of general and secondary vocational education institutions of the city of Yelets, Lipetsk Region (Russian Federation) took part, who were asked to answer to 6 questions on digital human rights and how to protect them. Results. The study allows us to state that adolescents aged 13 to 18 years have a low level of knowledge about existing digital rights (34%), ways to protect them (58%), negative manifestations in the network (70%), and therefore it is necessary to strengthen information and educational activities by carrying out activities aimed at the formation of a digital culture of underage citizens. Scientific novelty. The results obtained allow us to substantiate the role of the managerial component in the realization of the right to education by underage students in connection with the active introduction of various digital products and technologies into the structure of the educational process. Practical significance. The conducted research makes it possible to identify recommendations for improving the existing model of education management in the context of the digital educational environment and improving the effectiveness of minors' realization of their right to education in the digital educational reality.

Joseph Smith for President: The Prophet, the Assassins, and the Fight for American Religious Freedom by Spencer W. McBride

Reviewed by: Joseph Smith for President: The Prophet, the Assassins, and the Fight for American Religious Freedom by Spencer W. McBride Sasha Coles (bio) Mormonism, Latter-Day Saints, Joseph Smith, Religion, Religious history, Religious freedom Joseph Smith for President: The Prophet, the Assassins, and the Fight for American Religious Freedom. By Spencer W. McBride. (New York: Oxford University Press, 2021. Pp. 269. Cloth, $29.95.) Roughly one year before the 1844 U.S. presidential election, nearly identical letters reached five men positioning themselves to compete for the highest political office in the land. All five letters contained the same question: "What will be your rule of action relative to us as a people, should fortune favor your ascension to the chief magistracy?" Here, "us" referred to members of The Church of Jesus Christ of Latter-day Saints (also known as Latter-day Saints, or Mormons). Joseph Smith, the church's founding prophet and first president, was the one asking. He wanted to know one thing. Would any of the prospective candidates leverage the power of the federal government to defend the right of Latter-day Saints to organize and worship in peace? Martin Van Buren and Richard M. Johnson ignored Smith completely. In their responses, Henry Clay, John C. Calhoun, and Lewis Cass offered no guarantees. These results would ultimately lead to a fascinating moment in American political history: Joseph Smith's own presidential candidacy. This is the subject of an impressive new monograph, Joseph Smith for President: The Prophet, the Assassins, and the Fight for American Religious Freedom. In this book, author Spencer W. McBride's depth of expertise in the historiography of American religion is on full display. So is his command of source material related to Mormonism's early years. In roughly 200 well-paced, detail-rich pages, McBride uses Joseph Smith's campaign to inoculate readers against the enduring myth that universal religious freedom [End Page 195] has been respected and protected since the nation's founding. In fact, there is a long history of religious inequality in the United States that, by many measures, endures today. This trajectory can be explained by attachments to one principle in particular: the doctrine of states' rights. In McBride's words, "the states' rights strategy was as effective at impeding efforts to establish the full citizenship rights of religious minorities as it was at blocking efforts to establish the personhood of men and women of African descent enslaved in the American South" (209). The role of states'-rights ideology in maintaining inequality becomes clear when confronted with the marginalization Latter-day Saints experienced during the early American republic. As McBride explains, after the church's founding in 1830, Mormons established tight-knit settlements in Ohio and Missouri, proselytized among Native Americans, and extended church membership to some Black people. To outside observers, these activities proved that Latter-day Saints were insular religious "fanatics" threatening slavery and white supremacy. Sparring between the Mormons and their critics bubbled over in 1838, when Missouri Governor Lilburn W. Boggs issued an executive order calling for Joseph Smith's followers to be "exterminated or driven from the state if necessary." Emboldened vigilantes and militia members assaulted Latter-day Saints and destroyed their property. The Mormons who survived became landless refugees. In the minds of the perpetrators, this opposition did not constitute a violation of citizenship rights. They saw Mormons as "waste people" beguiled by a "fake" prophet. But what they really meant, as McBride describes, is that Latter-day Saint beliefs "were too different from their own." This "skewed, but pervasive, view of religious freedom . . . justified the discrimination and violent persecution of religious minorities because it protected the privileged place of Protestant denominations in American society" (200–201). Much scholarly attention has already been paid to the church's outsider status in the nineteenth century. Where McBride's narrative really thrives is in his rich analysis of how, after the Missouri confrontation, church leaders pursued "every possible avenue for redress and protection" (81). They met with President Martin Van Buren, petitioned Congress, and launched a public relations campaign. They also sought out a fresh start in Nauvoo, Illinois, where they established a muscular city...

Polityka etniczna państwa polskiego po 2011 roku w opiniach Komitetu Do- radczego i Komitetu Ekspertów Rady Europy

This article aims to present and analyse the assessment of the ethnic policy of the Polish state made on the basis of the Fourth Opinion on Poland of the Advisory Committee of the Council of Europe on the Framework Convention for the Protection of National Minorities and on the basis of the Third Report of the Committee of Experts on the European Charter for Regional or Minority Languages. The main thesis of the work is the statement that although the ethnic policy of the Polish state has not changed in the analyzed period, some actions of the Polish authorities testify to their certain unfavorability towards the extension of the rights of national minorities, and even in some cases the desire to reduce these rights. The article uses a number of research methods. The most important of them are institutional and legal analysis, factorial method and comparative method.

The Use of AI and Algorithms for Decision-making in Workplace Recruitment Practices

The use of artificial intelligence (AI) and algorithms in human resource management systems has increased in recent years significantly due to the COVID-19 pandemic and the rise of remote work. Research has shown that implementing AI systems in different workplace scenarios increases efficiency, reduces worktime, production and labor costs and the need for human workers to perform the tasks that AI systems can perform. Within human resource management practices, AI systems have been employed to do a multiple array of tasks such as: screening candidates, performance evaluations, facial and voice analysis during candidate interviews, training, and development. Other recruitment practices that employ AI systems are considered to have implications that make employers liable for possible discrimination which could occur as an adverse effect of having these systems partake in the decision-making process for employee selection. Certain authors have recognized the lack of the human factor in this process as detrimental and increases the possibility of error and bias in selection of candidates.
 This study explored the use of these AI systems in the workplace and what regulations have been created to oversee how they can be employed for recruitment practices. It also aims to highlight the positive and negative impact of these AI supported practices. The results highlight the importance of regulating these practices as an effort to protect minority rights and privacy rights of people that are seeking employment. Identifying international and national legislation is necessary for adopting better regulated practices and guaranteeing worker’s rights.

Protection for Marriage and the Family in a German Context: Focusing on the Implications on the Discussion of Same-sex Marriage in South Korea

There has been very little progress in guaranteeing the rights of sexual minorities in South Korea, and the general situation in terms of recognizing same-sex relations is much worse than in the EU or Germany in that the acceptance level is extremely low.
 The issue of same-sex relations, particularly same-sex marriage is a challenge in Korean society. When the political process does not work properly, complex political problems must be solved by means of the judiciary. The judgment of the court appeared as a form of civil discourse linking judicial activism, social movements, and the human rights movement. In this way, the civil discourse regarding law, rights, and justice no longer remains solely in the area of specialists. Judicial judgments initiate democratic communication between the people and the state, without being restricted to simply being the judgment about an individual’s limited interests.
 There is great diversity in modern family structure: heterosexual or same-sex couples who assume responsibility for children in marriages, registered partnerships, or de facto relationships; and children who are conceived naturally or by methods of assisted reproduction, and are related to both, only one or none of the two or more people they are raised by. In general, the concept of family that is protected under the Constitution is difficult to define as a specific family type because the concept of family is constantly changing amid the development of various family forms.
 From the perspective of the evolving concept of family in a German context, differences between Article 119 of the Weimar Constitution and Article 6 GG can be pointed out. Firstly, marriage is no longer seen as the foundation of a family under the concept of family stipulated in Article 6 GG. Equality of both sexes has served to promote equality not only within the institution of marriage but also in society in general, which actually provided steps toward equal marriage rights. Equal marriage rights grant the right to marry to couples in different-sex relationships as well as same-sex relationships.
 The Korean Constitution does not explicitly define the legal concept of marriage. The right to same-sex marriage should be protected as an individual life plan, and lifestyle including marriage or childbirth are respected. A democracy whose aim is to protect diversity should recognize a diversified form of the family. In respecting diversity, same-sex marriage should also be recognized as a minority protection of human rights.