Social Rights Research Articles

Impact of Stigma Towards Mental Illnesses and Measures to Reduce Stigmatization

There is a chance for anyone to experience mental illness. Despite this prevalence, there are still many social misconceptions, stereotypes, prejudices, and even discrimination against mental illness and those who experience it. Mental illness stigma is the bias and discrimination that results from the perception that a person or group has traits that are perceived to be different from and unacceptable to others. Because of the stigma, seemingly ordinary social lives, jobs, and different rights can become difficult for people with psychiatric experiences. This article will look at destigmatization, which is how to remove stereotypical images of mental illness and examine the causes and solutions of stigma.

Constitution Health Treatment and Its Judicialization

Objective: To analyze the right to health and access to medicines and medical treatments in the face of increased judicialization. Theoretical Reference: Health is a social right of full effectiveness and immediate fulfillment (Art. 6, Federal Constitution). Art. 196 Federal Constitution states that it is right of all and responsibility of the state, guaranteed by social and economic policies that aim to reduce the risk of disease and other illnesses, ensuring universal and equal access to actions and services for the purpose of promotion, protection and recovery and in art. 198, item II, includes, within the scope of the SUS, comprehensive therapeutic assistance, including pharmaceutical assistance, regardless of contribution. Method: The narrative review was carried out by collecting data and selecting relevant sources from books, articles, legislation and case law. Results and Discussion: The results obtained revealed that the judicialization of health is a multifactorial phenomenon. There are two types of judicialization: the request for medicines provided for in normative acts and those that have not been incorporated. In the discussion section, these results are contextualized with the theoretical framework, highlighting implications and relationships. Possible discrepancies and limitations of the study were considered. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence health and justice practices. Originality/Value: The study contributes to the literature by synthesizing the main implications of the judicialization of the right to health.

PENGATURAN PEMBUKTIAN TERBALIK TERBALIK DALAM UNDANG-UNDANG KORUPSI

The criminal act of corruption not only harms state finances, but also constitutes a violation of the social and economic rights of society at large, so that the criminal act of corruption needs to be classified as a crime whose eradication must be carried out in an extraordinary manner, to further guarantee legal certainty, avoid diversity of legal interpretations and providing protection for the social and economic rights of the community, as well as fair treatment in eradicating criminal acts of corruption. The statutory regulations that regulate criminal acts of corruption are Law no. 28 of 1999 concerning the Administration of a State that is Clean and Free from KKN, Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 concerning Eradication of Corruption Crimes, Law no. 30 of 2002 concerning the Corruption Eradication Commission, and finally with the ratification of the United Nations Convention Against Corruption, 2003 (United Nations Convention Against Corruption, 2003) through Law no. 7 of 2006. The theories used to support the preparation of this book are the Theory of the Rule of Law, the Hierarchy Theory of Legal Norms, the Theory of Authority, the Concept of Corruption and Corruption Crimes and the Concept of Reverse Evidence. The approaches used in preparing this book are: statutory approach, conceptual research approach, case approach. Legal Materials use primary legal materials, in the form of secondary law and other legal materials. Primary legal materials include court decisions that have permanent legal force and laws related to corruption. Secondary legal materials are books, unpublished scientific works, journals and newspapers. Other legal materials are internet sites regulating the reverse evidence system in the provisions of Article 12B of Law Number 20 of 2001, Articles 37, 37A and 38B of Law Number 31 of 1999 in conjunction with Law No. 20 of 2001 and the Criminal Procedure Code. is limited or balanced, and uses a negative proof system according to law (negatief wettelijk overtuiging). The Public Prosecutor is still obliged to prove his charges. In the future, it is necessary to carry out an evaluation of the regulation of Corruption Crimes, it is necessary to strictly regulate the substance of the legal system of reverse evidence so that its application can be implemented effectively and is not just a rule contained in the norms.

Jazz Press in Serbia from 1953 to 1965

The aim of the paper was to introduce the specialized press oriented towards jazz music and its practitioners that was published from 1953 to 1965 on the territory of the Republic of Serbia. The marked period was chosen for consideration since it represents the most fruitful stage in the development of the press of a specific thematic profile, but also because of the significant changes in the entire Yugoslav society. These changes, as it was possible to show, influenced the complex processes that shaped the press of the time, as well as the attitude towards this musical genre and its practitioners. The processes in question include, first of all: certain internal political movements that consistently modeled the cultural policy of the time, within which jazz attempted to obtain a favorable position; integration of the former socialist state into polarized international currents that implied the use of jazz as a means of affirming the foreign policy orientation of Yugoslav society; and the creation of the operational power of artists for self-organization and the acquisition of certain labor and social rights within the Association of Jazz Musicians. The association was founded in 1953 in Belgrade with the aim of advocating for the rights of contemporary musicians, while at the same time initiating the publication of the first newspaper Jazz: Journal of Popular and Jazz Music (Jazz. List za pitanja zabavne i džez muzike). Under this name, the journal was published from 1953 to 1954, and during the publication period from 1957 to 1958 it changed its name to Bulletin of the Association of Jazz Musicians (Bilten Udruženja Jazz muzičara). After that, in Novi Sad, in 1962, Rhythm – Yugoslav Review of Jazz and Popular Music (Ritam – Jugoslovenska revija za džez i zabavnu muziku) began to be publish by NIP Dnevnik, and later changed its name to Rhythm – Yugoslav Review of Popular Music (Ritam – Jugoslovenska revija za zabavnu muziku), under which it continued to be published until it ceased publication in 1965.

Digitalization of Law and formation of Digital Law

Digital law is a new form of implementation of legal relations in the field of cyber regulation in various areas: digital rights in digital circulation, cyber security, protection of personal data, regulation of cross-border digital transactions, implementation of social rights based on technological platforms, formation of electronic government, electronic state. Currently, the process of digitalization of law is taking place, that is, the use of new digital technologies to optimize legal relations, as well as procedures for creating a new digital reality, which also requires legal regulation. Digital reality shapes human behavior, norms of social relations, creates digital law and digital legal awareness. In the conditions of the digital economy and virtual space, the need for a new look at legal institutions in the era of information society and digital technologies, consistent adaptation of traditional legal mechanisms to new realities is obvious. Further development of legal regulation of digital rights and digital civil turnover is possible according to the conceptual model of “digitalization” of traditional law. The new paradigm of the development of law consists in the “digitalization” of law, that is, the use of digital technologies to optimize legal regulation, as well as the formation of civil digital turnover. Therefore, digital law is a system of legal norms regarding the use of digital technologies, which regulates legal relations that arise in connection with the use of digital data and the use of digital technologies. Digital law is a complex interdisciplinary institution of law that unites legal norms that regulate legal relations arising in connection with the acquisition, exercise, alienation and protection of digital rights, as well as with the use of digital technologies by subjects of digital law. The mechanism of legal regulation of relations in the digital environment is based on the fact that they have an informational nature, since they arise in connection with the implementation of certain actions with information in digital form (digital data).

DEVELOPMENT OF TRADE UNION ORGANIZING AS A HISTORICAL LEGACY AND A CONSTITUTIONAL RIGHT

Throughout history, trade union organization has undergone significant reforms and changed as the organization of the state itself has changed. Trade union organization went through three historical phases: the phase until the nineteenth century, the phase from the nineteenth century to the middle of the twentieth century, and the final phase in the twenty-first century. Trade union organization followed the organization of the first states, through which workers defended their labor rights under primitive conditions in a primitively organized way. The first modern forms of trade union organizing were experienced in the territory of the United Kingdom, which is also considered the forerunner of trade union organizing. The right to organize a trade union, although today one of the fundamental collective rights, is increasingly becoming the subject of discussions and dilemmas, whether this right is really necessary in labor relations and, in the end, in constitutions of a large number of countries, as a promotion of economic and social rights. The paper could be divided into three parts, firstly the authors want to define the historical development of trade union organization, the process of developing in the countries of the world, what are the key historical moments in which this right made and contributed to “a quality more” in labor relations, and which were the first laws-constitutions that provided for this fundamental right today. The second part of the paper refers to the current normative legal situation in the Republic of Serbia regarding trade union organization and specifically trade union rights. The third part actually represents the main purpose of the paper, which is to point out some potential problems in the twenty-first century that union organizing in the international community is facing.

Homo sovieticus and the Neoliberal Legacy of Polish Dissent

Democratic backsliding in eastern Europe has been often cast in terms of the uncivility of local political culture inherited from the past. For the postwar period, the figure of homo sovieticus has embodied that inheritance, and its continued allure owes a lot to its dissident pedigree. This essay presents an intellectual history of the uses of that theme across the 1989 divide and questions its relevance today. The preoccupation with homo sovieticus signaled a neoliberal turn in addressing the dilemmas of democratic transition from Communism, which I analyze in reference to A. O. Hirschman’s typology of reactionary rhetoric. While Solidarity in 1980–1981 championed a vision of democratic citizenship in which social, political, and civil rights were mutually supportive and indivisible, after martial law these different rights came to be seen as conflicting and incompatible, and the theme of homo sovieticus proliferated as the indexical figure of that conflict. This new standpoint, which supported the neoliberal transition from Communism, brought about a critical reassessment of Solidarity’s legacy and a new understanding of the role of the dissident vanguard in the transition process, which I call pre-emptive Thermidorianism. It provided the glue that held together the liberal center, made up of self-professed neoliberals as well as the ex-revisionist Left, whose acquiescence to the neoliberal turn was instrumental. Pre-emptive Thermidorianism was disastrous both for the liberal center and for post-1989 political culture more broadly, and that is why homo sovieticus stands today as the self-defeating intellectual legacy of Polish dissent.

Realization Mechanism of Farmers’ Rights and Interests Protection in the Paid Withdrawal of Rural Homesteads in China—Empirical Analysis Based on Judicial Verdicts

In recent years, the paid withdrawal of rural homesteads has become a widely discussed topic within the academic community. However, from the perspective of protecting farmers’ rights and interests, literature exploring the impact of this policy’s implementation remains scarce. As the reform of the separation of the three rights of the homestead deepens, disputes related to paid withdrawal of homesteads have escalated rapidly. This study aims to highlight the importance of protecting farmers’ rights and interests, seeking to enhance their property rights and revitalize unused rural resources. Employing a case study methodology, this study systematically examines the issue of farmers’ rights and interests protection during homestead withdrawal. This analysis is based on the survey, collection, and evaluation of 324 judicial cases. The findings reveal the following: (1) Disputes involving paid withdrawal of homesteads encompass the entire withdrawal process, with the majority of conflicts arising during the withdrawal stage. (2) Prior to withdrawal, farmers express heightened concern regarding their political rights, particularly the right to be informed and to participate in withdrawal decisions. (3) During the withdrawal process, farmers prioritize resettlement and compensation rights. Additionally, novel issues such as the allocation of withdrawal compensation surface after farmers receive resettlement and compensation benefits. (4) After withdrawal, farmers anticipate more suitable “alternative” social rights and remedies. Based on these findings, this study presents policy recommendations for realizing farmers’ rights and interests in the context of paid withdrawal of rural homesteads. These suggestions include consistently respecting farmers’ autonomy and preserving their political rights throughout the withdrawal procedure. During the withdrawal stage, emphasis should be placed on the comprehensive value of resettlement compensation, encompassing both the residential and social security aspects of rural homesteads. Post-withdrawal, farmers’ social rights and the development rights of their homesteads ought to be fully guaranteed, ensuring a harmonious balance between farmers’ immediate and long-term interests. Furthermore, optimizing the dispute resolution mechanism stands as a pivotal aspect of safeguarding farmers’ rights and interests through legal recourse.

Pemenuhan Hak Atas Pekerjaan Dan Penghidupan Yang Layak Dalam Negara Yang Mengalami Krisis Ekonomi

Introduction: The economic crisis that occurred in Sri Lanka was due to the accumulation of foreign debt that could not be paid, resulting in high inflation in the country. State conditions like this have had an impact on the inability of the state to meet a decent standard of living for Sri Lankan citizens and the neglect of the rights to work of Sri Lankan citizens. Which of these rights have been regulated and have been recognized and respected through the provisions contained in the International Covenant on Economic, Social and Cultural Rights (ICESCR).Purposes of the Research: To find out the arrangements regarding the fulfillment of the right to work and a decent living by the state based on the International Covenant on Economic, Social and Cultural Rights (ICESCR).Methods of the Research: This type of research is normative juridical, where the research is carried out by collecting primary, secondary and tertiary data obtained using library research. The legal material that has been collected is analyzed qualitatively which breaks it down systematically based on legal disciplines to achieve clarity of the issues to be discussed.Results of the Research: The results of this study show that the right to a decent life and the right to work have actually been regulated, respected and recognized and protected in the provisions of ICESCR article 11 paragraph 2 of the ICESCR which states that "the fundamental right of everyone to be free from hunger" ( the basic right of everyone to be free from hunger) and article 7 of the ICESCR which regulates the right of everyone to enjoy work, so that these rights must be fulfilled as a form of respect for human rights. The economic crisis that occurred in Sri Lanka which had an impact on the non-fulfillment of the rights to a decent life and the right to work is an act or an act of non-fulfillment of human rights related to these rights which in principle constitutes a violation of human rights, so that events or this situation, the Sri Lankan government in various ways or efforts continues to take strategic steps to be able to overcome the economic crisis that is currently happening in Sri Lanka.

PROTECTION OF HUMAN RIGHTS AND ENSURING SOCIAL JUSTICE - A UNITED NATIONS PERSPECTIVE

Social justice is a concept that evolved through industrial revolution and with the advent of socialist views on the organization of the society. The concept has its roots in Anglo Saxon political culture which dominated in 10th century. It does not find place in the Bill of Human Rights which comprised the Universal Declaration of Human Rights which was adopted by the General Assembly in 1948 to ensure fundamental human rights for all and the two Covenants adopted in 1966. Whereas Human Rights are inherent rights that one has because one is human. The Preamble of the Universal Declaration of Human Rights states that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Human rights and social justice are not synonymous and are two different concepts but they are closely linked. The Universal Declaration of Human Rights includes economic, social and cultural rights such as the right to health, security in the event of unemployment, and education. In 1966, these rights were brought into the International Covenant on Economic, Social and Cultural Rights (ICESCR), part of the International Bill of Human Rights. With this The Vienna Declaration and Programme of Action affirm that Human rights education should include peace, democracy, development and social justice, as set forth in international and regional human rights instruments, in order to achieve common understanding and awareness with a view to strengthening universal commitment to human rights. Thus, social justice is based on the concept of human rights and equality and can be defined as the way in which the human rights are manifested in the lives of people at various levels of society. This paper analyses the concept of social justice & human rights from the UN perspective.

Globalization and its role in activating human economic and social rights

Globalization and its role in activating human economic and social rights

Women Empowerment in India since 1947: A Critical Analysis

The issue of women's empowerment is not new, this is an early concept. To empower the nation, we should empower the women. Discrimination between men and women, domestic violence, lack of education, lack of awareness about the government's efforts for women's empowerment and sexual harassment are the most common problems faced by women. Although various measures have been taken by the government and supporting bodies. The purposes of this paper are to explore the various schemes, acts, and laws for women's empowerment and to identify the status of women at present. For this research, various secondary resources like research papers, reports by various ministry organisations and reports by government, non-government and international organizations are used. Government and other supporting bodies' role in women's empowerment is reviewed. Based on analysis, it was found that women are not aware of their social and legal rights, especially in rural areas. They feel inferior to themselves economically or socially or prestigiously compared to men. Though several steps have been taken by the government and other supporting bodies like NGO’s, still the women's condition in society is not satisfactory. Various rules and regulations have been formulated but the government must ensure that these rules are followed properly in the society. Women do not even know their rights; education can improve these inequalities. So, more efforts need to be made for women empowerment, so that women can use their full potential and contribute to themselves, family, society, and country. At the end of research paper, it was concluded that to encourage women empowerment women’s education, employment opportunities and support for self-employment must be promoted.

Implementation of the right to health through vaccination

Health is regarded as a basic human need Health is a fundamental right recognized in various international human rights instruments, such as the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. The World Health Organization (WHO) has declared COVID-19 a global public health pandemic on January 30, 2020. Based on the data collected, there are still members of the community who have not received the Covid-19 Booster vaccine even though it is urgently given as an antiviral. Therefore, as part of an effort to increase the coverage of vaccination, it is necessary to implement a Covid-19 public dedication as the fulfilment of the right to health. The method of community-based participatory research (Community Based Participatory Research, CBPR) is implemented. The results of the vaccination activities carried out at Tanjungpura University Faculty of Law can contribute to the vaccine coverage that exists in the community. As for the number of participants of the activity was 172 (one hundred seventy-two) people consisting of 117 (a hundred seventeen) students and 61 (sixty-one) the general public. In addition, there are students and members of the community who have not received the Covid-19 Booster Vaccine while the delivery is very urgent as an anti-virus, even there are those who have never received the vaccine at all.

The commodification of poverty in the Global South: The emergence of a social policy market (São Paulo, Brazil)

Focusing on the implementation of social policies in São Paulo (Brazil) during the 2000s, this article critically examines the commodification of poverty. The article explores the impact of the introduction of market logics and privatization as shaped in respect to social protection in a context where the informalization of labour is growing. The text begins with a discussion of social citizenship in Brazil and its transformation over time. Thereafter, the article unpacks the ‘commodification processes’ of social policies during the 2000s to unfold how this influences the organization of a competitive and social labour market outsourced especially to NGOs and associations. The creation of indicators of productivity and ‘social participation’ as well as the introduction of measures to incentivize entrepreneurship, the article suggests, become entries into accessing social rights. The ways in which social workers and beneficiaries experience processes of financialization and monetarization of social aid, the article shows, indicate changing understandings of social citizenship and its implications for the poor.

Revealing spatial (in)justice: exploring the dynamics of triple spatiality in Chile and its impact on the generation of spatial barriers to social rights

Revealing spatial (in)justice: exploring the dynamics of triple spatiality in Chile and its impact on the generation of spatial barriers to social rights

The Problems and Paradoxes with the EU’s Regulation of Traineeships: A Way Forward

Abstract Traineeships are becoming too big an issue to ignore: over half of all young Europeans now complete one. This article provides the first comprehensive critique of EU-level regulation on traineeships, uncovering the problems and paradoxes within the existing regime and offering solutions. Part I examines the problems with the current patchwork of regulation, comprised of the Quality Framework on Traineeships, Court of Justice case-law and European Committee of Social Rights’ decision in YFJ v Belgium on unpaid internships. Challenges include the ‘hollow’ status of a trainee, the paradoxical requirements for employers to provide ‘solid and meaningful’ learning content without offering ‘real or genuine’ work and the incoherence of the ‘bogus’ traineeship approach, which is dependent upon a ‘non-bogus’ traineeship that does not exist. Part II then outlines three criteria for future regulation with a view to resolving the problems of the existing regime. Part III then evaluates the new regulatory proposals of the European Parliament and the Commission against these criteria. It is ultimately argued that the European Parliament’s approach is preferable to the Commission’s ‘disguised employee’ approach, since it fundamentally re-envisions trainees as workers with additional rights, reversing the current negative trainee status as those without working rights.

Legal protection of Ukrainian citizens in Poland: social rights of refugees

Legal protection of Ukrainian citizens in Poland: social rights of refugees

Stigmatization experiences of healthcare workers in the context of the COVID-19 pandemic: a scoping review

BackgroundDuring the COVID-19 pandemic, healthcare workers face the stigmatization of those caring for COVID-19 patients, creating a significant social problem. Therefore, this study investigated the stigmatization of healthcare workers in the context of the COVID-19 pandemic.MethodsIn this scoping review study, searches were conducted from December 2019 to August 2023 in Persian and English using various databases and search engines including PubMed (Medline), Embase, Scopus, ISI Web of Science, ProQuest, Science Direct, Springer, Cochrane Library, Google Scholar, and national databases. The study used English keywords such as Social Stigma, Health Personnel, Healthcare Worker, Medical Staff, Medical Personal, Physicians, doctors, Nurses, nursing staff, COVID-19, and coronavirus disease 2019, and their Persian equivalents, and their Persian equivalents to explore healthcare workers’ experiences of COVID-19-related stigma.ResultsFrom a total of 12,200 search results, 77 eligible studies were included in this study. stigmatization of healthcare workers caring for COVID-19 patients was evident from the literature because of fear, misinformation, and negative self-image. Manifestations were violence and deprivation of social rights, resulting in adverse biopsychosocial, occupational, and economic consequences. This condition can affect negatively health staff themselves, their families, and society as well. Anti-stigmatization measures include informing society about the realities faced by healthcare workers, presenting an accurate and empathetic image of health workers, providing psychosocial support to health workers, and encouraging them to turn to spirituality as a coping mechanism. There are notable research gaps in comprehending the phenomenon, exploring its variations across diverse healthcare roles and cultural contexts, examining its long-term effects, and monitoring shifts in stigma perceptions over time.ConclusionThe COVID-19 pandemic has resulted in the stigmatization of healthcare workers, causing mistreatment and rights violations. This stigma persists even post-pandemic, posing a psychological dilemma for caregivers. Addressing this requires comprehensive strategies, including tailored stigma prevention programs and research to understand its psychological impact.

Improving communication and promoting social inclusion for hearing-impaired users: Usability evaluation and design recommendations for assistive mobile applications.

This study examines the usability of communication-assistive applications for hearing-impaired users, with a focus on enhancing user experience and promoting social inclusion. Although such applications have been developed and evaluated previously, interface designs that consider the intimacy needs of hearing-impaired users remain under-explored. We performed a comprehensive usability evaluation employing a mixed-method approach, which involved hearing-impaired individuals as well as field experts. The findings revealed areas for improvement in the design, validated the feasibility of implementing these applications, and emphasized the importance of incorporating the unique needs and preferences of hearing-impaired users. Furthermore, this paper discusses the importance of introducing guidelines and evaluation scales for the "Design for Emotion and Life Knowledge" levels to facilitate smooth and effective human-computer interactions. Such measures will promote the development of intelligent assistive technologies that reflect the qualitative needs of people with disabilities and contribute to social rights for hearing-impaired users. With the growing demands of artificial-intelligence-powered assistive technologies, the inclusion of individuals with disabilities in the design and research process is anticipated to increase. In future, studies should be conducted to blend the culturally shared experiences and emotional bonds expressed by users (having mild-to-severe hearing impairment) with the design and development process of assistive devices or services.

Social policy in a political vacuum: Women's experiences of hunger during the Cost‐of‐Living Crisis in Northern Ireland

AbstractBetween 2022 and 2024, there was no devolved government functioning in Northern Ireland. This protracted absence of government occurred in the aftermath of the Covid‐19 pandemic and during what is arguably the worst economic crisis of recent years. Women are more vulnerable to hardship during economic crisis and thus it is unsurprising that the Cost‐of‐Living Crisis is hitting women hardest. This paper examines increasing food insecurity for women in Northern Ireland and the implications for the realisation of their human right to an adequate standard of living. The UK Government has ratified the International Covenant on Economic, Social and Cultural Rights, which provides a legal duty to ensure that everyone has adequate access to food. However, increasing numbers of food banks and ill health related to insufficient food intake indicates that there is a fundamental problem. This article draws on 20 focus groups with 250 women on a low‐income to explore their experiences of the Cost‐of‐Living Crisis in Northern Ireland. The research found that women routinely skipped meals; described feelings of shame and guilt associated with struggling to feed their children; and discussed difficulties associated with purchasing food. Much of the pain associated with the hunger experienced by these women and children is hidden within the private sphere of the home. This article intends to shine a light on women's experiences and will reflect on the necessary policy change required to ensure compliance with international human rights obligations.