Statutory Rights Research Articles

Issues in the Adoption of Land Administration Domain Model in a Developing Country

Land administration systems globally are transitioning to the Land Administration Domain Model (LADM) as a flexible, interoperable framework for standardizing procedures and strengthening land governance. However, developing countries face unique adoption challenges due to institutional deficiencies, outdated land laws, and lack of technical resources. This study empirically diagnoses barriers to LADM implementation in Anambra State, Nigeria through a mixed methods case study approach. A literature review and semi-structured questionnaires with 384 stakeholders were conducted to identify institutional, legal and technical issues. Quantitative data analysis was conducted using Kruskal-Wallis Test. Results indicate major institutional barriers include limited inter-agency coordination, inadequate funding and capacity constraints. Key legal issues are inconsistencies between statutory and customary land rights recognition. Foremost technical challenges are outdated paper records and lack of power and digitized infrastructure. The study offers empirically-grounded recommendations prioritizing legal harmonization, targeted capacity building, infrastructure upgrades and coordinated implementation. Findings advance theoretical understanding of LADM adoption in diverse contexts while informing land policy and targeted reforms. With strategic mitigation of barriers identified, Anambra can optimize capabilities applying flexible, rights-based international standards to strengthen land governance.

On the Boundary between the Exercise of Rights and Property Crimes

In modern rule-of-law societies, the awareness of rights is intrinsic to individuals. Despite having legitimate purposes, the exercise of rights also has lawful boundaries. In the context of criminal law, discussing the exercise of rights pertains to cases of abuse of rights through property crimes, including statutory and inherent rights. Judicial practice often leans towards exoneration in such cases, but a trend towards criminalization has emerged in recent years, necessitating a scientifically unified solution from criminal law theory. To achieve effective exoneration, it is crucial to precisely define the scope and types of rights exercised, targeting the different characteristics of ownership realization and claim realization. By clarifying the protected legal interests of property crimes and exploring the relationship between criminal and civil law, the path of excluding unlawfulness should be adopted for exoneration, decriminalizing situations with a legitimate rights basis where the means are necessary and proportionate. In cases where both the constituent elements and unlawfulness are satisfied, the presence or absence of an intent to unlawfully possess should be examined through the manifestation of claim realization. When the actor has an intent to unlawfully possess, it should be recognized as a property crime.

The exclusion of the municipality’s right of pre-emption with respect to real estate designated or used for agricultural and forestry purposes

The statutory right of pre-emption of real estate in favor of the municipality, provided for in the Property Management Act is, by virtue of Article 109 (2) of the Property Management Act, excluded with regard to real estate designated in local zoning plans for agricultural and forestry purposes and, in the absence of local zoning plans, with regard to real estate used for such purposes. The aim of this article is an analysis of legal issues related to the exclusion of the municipality's ability to exercise its right of pre-emption with respect to such real estate. The author addresses the issue of how to determine whether a property is used for agricultural or forestry purposes and the complications arising from the partial designation or use of a property for agricultural or forestry purposes. The study also addresses the issue of determining when to assess the moment designation or use of real estate for agricultural and forestry purposes, as well as the related issue of determining the temporal framework for a municipality's right of pre-emption over a specific property in the event of changes in its designation or use.

Of Cakes, Websites and Faith-Based Complaints: the Fine Art of Crafting Religion as Speech

Abstract In 303 Creative LLC v. Elenis (2023), for the first time ever, the United States Supreme Court (USSC) explicitly recognised that business commercials now enjoy constitutional, First Amendment-based religious exemptions from providing services to same-sex customers. Not even in its much-maligned decision in Burwell v. Hobby Lobby (2014), which extended in an unprecedented way to for-profit companies statutory (but not constitutional) rights heretofore confined to churches, the Court went this far. But more than this, the decision in 303 Creative LLC also appears to be the symbol of something new: a definitive shift to the Free Speech Clause to the U.S. Constitution as an alternative tool to the Free Exercise Clause for protecting religious liberty. This article explains why this shift in doctrine has happened, why it matters, and how enhanced protections for business religious free speech fits with the agenda of conservative constitutional politics in America.

From moral rights to legal rights? Lessons from healthcare contexts.

Many believe the existence of a moral right to some good should lead to recognition of a corresponding legal right to that good. If, for instance, there is a moral right to healthcare, it is natural to believe countries should recognize a legal right to healthcare. This article demonstrates that justifying legal rights to healthcare is more difficult than many assume. The existence of a moral right is insufficient to justify recognition of a corresponding justiciable constitutional right. Further conditions on when it is appropriate to recognize constitutional rights are rarely satisfied in the healthcare case. And focusing on aspirational or statutory rights presents costs for those seeking to justify legal rights on the basis of corresponding moral ones while maintaining empirical challenges for justifying constitutional rights. This suggests movement from a moral right to a corresponding legal one is far from straightforward and justifies examining alternative means of realizing moral socio-economic rights such as the proposed moral right to healthcare.

Locked out? Navigating the geographies of precarity on Britain's waterways

AbstractMotivations for living on the UK's waterways range from lifestyle to financial, but increasing numbers have been pushed aboard in response to current, and longstanding, cost‐of‐living and housing crises. However, while more affordable than living on land, our qualitative investigation reveals a diversity of practices and experiences of marginalisation on the waterways, drawing out the impacts of temporal and spatial fluidity to inform our understanding of precarity in a mobile world. The waterways are a contested and politicised space with diverse actors seeking to delineate legitimate practices and users. Liveaboard boaters practice residential subjectivities in what others designate as leisure spaces. Resistance to such powerful claims to the waterways is not necessarily chosen or active and yet has become implicit to boaters' everyday practices. The mobility and liminality offered by boat living, experienced by some as a chosen freedom and others as a restrictive imposition, presents opportunities for resistance to powerful interests but also social marginalisation and stigmatisation. Through a focus on moorings, we highlight the legal and spatial grey areas regularly inhabited by all boaters. In seemingly secure marinas, we expose a hidden world of housing precarity with residential boaters' living in the shadows of these leisure‐designed spaces, resulting in no stability, security or statutory rights. For boaters out on the waterways, precarity continued, albeit with different manifestations. Powerful local actors mobilise narratives that disembed boaters from the waterways through the absence and poor maintenance of essential facilities alongside the loss of legal, safe mooring sites. Precarity emerges as not something restricted to ‘vulnerable groups’ but an ever present ontological condition. As such it is critical to understand how individuals and communities are responding to their implicit vulnerability, and the opportunities and challenges that mobility offers to the development and practice of this agency.

Back to the Future: Revisiting the ‘Organisation Test’ as a Criterion of Employment

The article addresses the issue of disguised employment in today’s economy where, despite a proliferation of new forms of work, the right to statutory labour rights remains dependent on employment status. It examines the origin of the prevailing dominant impression test in Smit v Workmen’s Compensation Commissioner, noting the court’s preoccupation with returning South African law to its Roman-Dutch roots and its rejection, on flimsy legal grounds, of the organisation test as an alien institution of English law. It was thereafter sidelined for decades and, although it has been recognised in recent labour legislation and acknowledged in recent case law, it has not been applied or developed to a significant extent. Noting that the Smit judgment is not aligned with constitutional values, the article argues that employment protection should apply to everyone who regularly works for (the business of) another and that the organisation test offers a crucial indicator of employment status that resonates with constitutional principles. It further suggests that international precedent, such as the ‘ABC’ standard incorporated in the California Labor Code, can be drawn on in developing the organisation test in the South African context.

Back to the Future: Revisiting the ‘Organisation Test’ as a Criterion of Employment

The article addresses the issue of disguised employment in today’s economy where, despite a proliferation of new forms of work, the right to statutory labour rights remains dependent on employment status. It examines the origin of the prevailing dominant impression test in Smit v Workmen’s Compensation Commissioner, noting the court’s preoccupation with returning South African law to its Roman-Dutch roots and its rejection, on flimsy legal grounds, of the organisation test as an alien institution of English law. It was thereafter sidelined for decades and, although it has been recognised in recent labour legislation and acknowledged in recent case law, it has not been applied or developed to a significant extent. Noting that the Smit judgment is not aligned with constitutional values, the article argues that employment protection should apply to everyone who regularly works for (the business of) another and that the organisation test offers a crucial indicator of employment status that resonates with constitutional principles. It further suggests that international precedent, such as the ‘ABC’ standard incorporated in the California Labor Code, can be drawn on in developing the organisation test in the South African context.

The employment status of uber drivers

South African labour law draws a distinction between employees, who dedicate their full-time endeavours to the service of a particular employer, and independent contractors, who perform specific projects for a customer. Employees enjoy a wide range of statutory rights such as the right to not be unfairly dismissed, but such protection does not extend to independent contractors. In the advent of the digital era, many people have turned to online platforms to secure their incomes. For example, some have turned to the Uber platform to drive customers seeking transport by means of the Uber application. Such drivers are, in terms of our law, not regarded as employees of Uber, but as independent contractors and are thereby precluded from the statutory protection which extends to employees. This position is demonstrated by an analysis of Uber South Africa Technology Services (Pty) Ltd v NUPSAW & Others (C449/17) [2018] ZALCCT 6. This case is further compared to a similar decision in the United Kingdom, Uber BV and Others v Aslam and Others [2021] UKSC 5, where protection was afforded to the Uber drivers. Suggestions are made for legal reform, in order to align the prevailing position in South Africa with the approach in the United Kingdom, thereby extending legal protection as employees to uber drivers.

Legal and Cultural Contexts of Parent-Teacher Interactions: School Councils in Canada

Parents and teachers interact because of their shared responsibility for the welfare of the children in their care. Research indicates that teachers value parental involvement in their students’ education. There is also evidence that parents place a great deal of trust in their children’s teachers. This interaction, with significant influence on the learning outcomes of students, occurs within a complex set of legal frameworks and cultural contexts. These include such legal considerations as international treaties on family and children’s rights, national constitutional rights, and statutory rights and responsibilities of parents, teachers, and the state. Cultural factors include issues of engagement, marginalization, and power relationships. Societal evolution has also led to changing rights, responsibilities, and expectations for parents, teachers, and students. Parent-teacher relationships have also been affected by recent government initiatives to promote parental involvement in education through the creation of school councils. This paper, based on Canadian research on parental involvement in schooling and an analysis of Canadian and international legal principles, will illustrate the interplay of these legal and cultural considerations. The intent of this paper is to encourage better understanding of the complexity within the parent-teacher relationship.

Interpretation of Exercising Rights to Rescind Voluntary Guardianship Agreements under the Chinese Civil Code

The Article 33 of the Chinese Civil Code provides written voluntary guardianship agreements and the Article 11 of the newly issued Interpretation provides arbitrary rescission rights and statutory rescission rights concerning the agreements. Some aspects related to exercising the rescission rights including fiduciary relationship, time limit, legal effects and circumstances, are interpreted in detail in this paper firstly and then rescission rights by agreement stipulated in the Article 562 of the Chinese Civil Code are discussed in terms of connotation and civil subjects. There after, the two principles including the principle of best interests and the principle of protecting self-determination rights for exercising rescission rights are examined in theory and in practice. In the end, in terms of practical application of rescission rights, it is pointed out that some problems regarding possible abuse and time limit of rescission rights remain to be solved for the future interpretation of the Chinese Civil Code.

MPS from the West Pomeranian Province on Polish migration policy. Analysis based on submitted interpellations in the 9th term of the Parliament of the Republic of Poland

The statutory right of a deputy to submit interpellations is provided for in the Rules of Procedure of the Polish Parliament as well as in the Act on the Exercise of the Mandate of a Depute and Senator. The aim of the paper is to analyse Poland’s migration policy in 2019–2023 in the context of interpellations submitted by MPs. In substance, they covered three areas of migration policy: the creeping refugee crisis in the EU and its consequences for Poland, the conflict on the external border of the European Union, which is the Polish-Belarusian border, and Russian aggression against Ukraine and the resulting mass presence of Ukrainians as war refugees in Poland. The analysis showed that in the period in question, Poland does not have a comprehensive migration strategy. In situations of inflow of large numbers of foreigners, decisions of the Polish government are made ad hoc and confirm the thesis that the PiS government is unable to cope with new migration challenges. The source basis of the analysis are interpellations submitted by MPs from the West Pomeranian Province addressed to the Prime Minister, the Minister of Internal Affairs and Administration and the Minister of Education and Science. They are supplemented by laws and extensive literature on the subject.

Observing the Statutory Rights of Queer and Unmarried Couples in India

This Article explores the existing Rights and legal benefits available to the LGBTQ(QUEER) and unmarried couples with that of normal gender couples. The misidentification of Queer couples, as well as the unmarried couple within the preview of a legally married couple, abstains them from enjoying certain available legal benefits like compensation rights, educational and insurance welfare schemes, etc for the descendants. This unlawful discrimination is demonstrated here to rethink and provide them with equal statutory benefits within the ambit of the Right to Life ensured under Article 21 of The Indian Constitution. The comparative investigation has been done by the Researcher with other Countries Legislations. The Article also highlights the existing legal and statutory framework and the need of strengthening it in our Country. The Researcher opted Qualitative and Doctrinal research methods by analysing various cases and to find out the Gaps, the Researcher reviewed existing literatures.

MOŻLIWOŚĆ WYBORU MIĘDZY ŚWIADCZENIEM PIELĘGNACYJNYM A SPECJALNYM ZASIŁKIEM OPIEKUŃCZYM – PROBLEMY PRAKTYCZNE

The article analyzes the provisions of law and jurisprudence in the aspect of the possibility for the beneficiary to choose a nursing benefit when a special care allowance has already been granted by an earlier decision. The main objective of the article is to indicate the interpretation of the provision used in the previous practice by the authorities and the current problems presented in the jurisprudence of administrative courts that affect the statutory right of a party to choose a benefit. In the author’s opinion, the legislator does not take into account the changing economic and social situation in the adopted legal solutions, which is controversial in practice. The lack of legislative initiative in this regard leaves the judicature with the problem of non-compliance with the provisions. Administrative courts are forced to correct structural imperfections of the social security system in terms of support for carers of people with disabilities, which should not take place in a democratic state, as it is the sole role of the legislator.

Trends in State and Local Pension Funds

Unfunded public pension obligations represent the largest liability for state and local governments in the United States. As of fiscal year 2021, the total reported unfunded liabilities of these plans are $1.076 trillion. In contrast, the market value of the unfunded liability is approximately $6.501 trillion. As a result, the reported funding ratio of 82.5% falls to 43.8% under a market-based valuation. The market values reflect the fact that accrued pension promises are a form of government debt with strong statutory and contractual rights. The assumed discount rates are based on expected returns and remain elevated relative to risk-free rates, despite a decline since 2014. As a result, not only is the unfunded pension liability understated, but the yearly pension cost for newly accruing liabilities is also understated. In order to achieve high returns, pension funds have accumulated large exposure to risky assets, in particular alternative investments, which results in highly uncertain investment returns.

Access to post-secondary Education in Canada for students with disabilities

In Canada, access to post-secondary education is guaranteed by a number of domestic instruments. These instruments are: statutory human rights legislation, constitutional law, and accessibility legislation. These guarantees are further bolstered by Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Statutory human rights legislation (or anti-discrimination law) plays the most extensive role in controlling the discretionary power that colleges and universities exercise with respect to the admission of prospective students and the reasonable accommodation of matriculated students with disabilities. This article presents the findings of a review of decisions by human rights tribunals in Canada over the 7-year period of 2014–2021. With respect to both admissions cases and in-program reasonable accommodations cases, it identifies the main types of barriers experienced by persons with disabilities. It also examines the ways in which accessibility legislation, a proactive standard-setting form of legislation in Canada, has sought to improve access to post-secondary students with disabilities, focusing on Ontario’s post-secondary education accessibility standards as an example. Finally, it argues that changes to policies and practices on the ground that draw more inspiration from Article 24 of the CRPD will help to ensure that the equality right to post-secondary education for students with disabilities is fulfilled in letter and spirit.

Putting Human Rights to Work: Labour Law, the ECHR, and the Employment Relation

It is no exaggeration to say that labour law as a discipline in recent years has experienced something of a crisis of confidence.1 Once standing tall and proud, seemingly impervious to potshots and blows to its status originating from outside its hallowed halls, in the past 40 years or so, it has undergone a series of sustained attacks from a number of directions. In Putting Human Rights to Work, Philippa Collins asks whether the adoption of a ‘rights turn’, and in particular, the recasting of human rights law and fundamental rights as labour rights and/or the incorporation of human/fundamental rights norms into existing labour laws, could be the solution to labour law’s existing woes (pp 35–37). Citing Tarunabh Khaitan’s work on discrimination law, Collins refers to work and the workplace as ‘the enabling opportunity’ (p 25), ie, the most obvious arena in life where individuals can establish social, financial and psychological security, extend their opportunity sets and realise human flourishing.2 Collins goes on to make a persuasive case in favour of a draft Bill of Human Rights for Workers (Ch 9), having charted the poverty of imagination displayed by the judiciary regarding the infusion of human rights concepts and norms into the content and scope of common law employment rights and the process of interpretation of statutory employment rights. The point is made that the opportunity to marshal the worker-progressive potential of human rights as a means of expanding the protective capacity and range of employment rights, has been largely wasted.

Problematyka prawna działek letniskowych

During the last years, because of big urban and industrial aglomerations and other consequences of modern life, there appeared the tendency to own a land lot with a summer house and it is now more and more perceivable, This is so because it seems that a summer house gives maximum freedom to its owner. However, building of summer houses interferes with various fields of socio-economic life and since it is now a phenomenon of mass character, it is necessary to look for solutions which would allow to keep this type of building in reasonable frames and at the same time protect against taking over the land not designated for recreation purposes (e.g. farms, forests subject to specific protection because of landscape or natural values, etc.).This article presents legal problems of summer house lots; procedure of appointing parts of land for recreation purposes, alotting the lots for the purpose of individual recreation, problems of the norms of area. Also, heretofore used methods and legal grounds of acquisition of summer house lots are presented, as well as negative consequences of informal transfer of lots which constitute parts of land designated for the purpose of farming. The Author also discusses highly unsatisfactory state of binding legal rules in this domain, aimed at protecting the land against the use which is irrational or contrary to the designation.Final part of this article contains propositions concerning specific legislative changes which would subject summer house lots to the principles common for administration of land within the town limits, also as far as statutory right of pre-emption is concerned. This would eliminate elements such as spontaneity, chance, discretion and speculation from the process of acquisition and use of plots designated for construction of summer houses.

Legal regulations on freedom of assembly during a pandemic and threat of war

In the time of the coronavirus pandemic and the war threat, freedom of assembly is in crisis. It is hard to guarantee this freedom since it is affected by the current political and economic situation of the state. Controversial changes are introduced in the law, and statutory rights are exceeded.The paper cites international regulations concerning assemblies, the regulations being very general. The international law leaves it to the national legislation to clarify and specify the matters of freedom of assemblies in the national regulations. This was done by the legislator in the Constitution of Poland and through issuing in 2015 the Law on Assemblies, which is being contemplated. However, during the pandemic this law was restricted in numerous regulations, which meant exceeding powers and caused situations that violated legal foundations. International regulations and the Polish law on freedom of assembly are the basis of the rulings of the European Court of Human Rights and the national judiciary. Some examples are presented in this paper.

Multiple strategies but small gains: Trade union revitalization and power resources in Central Eastern Europe after 2008

This study comparatively examines the relationship between revitalization strategies and trade union power resources in Central Eastern Europe. It shows that the post-2008 weakening of union power resources in the region served as a catalyst for a wide range of revitalization strategies, many of which included elements not documented in the revitalization literature. In most cases, union revitalization strategies involved the mobilization of organizational and societal resources and were geared towards (re)building statutory rights for unions and (re)establishing legal guarantees for workers. This ‘institutional longing’, however, left many organizations oblivious to membership decline, which may threaten their long-term survival.