Violation Of Law Research Articles

AI and Cyber Security with Reference to Information Technology Act, 2000 and other Laws in India

Abstract: The term artificial intelligence (AI) is prominent in today’s world of technology. In so many ways, it is still a developing science considering the problems presented by the twenty-first century. AI use has been established in daily life. Since AI has such a significant influence on human existence now, it is difficult to comprehend a world without it. Simply define, artificial intelligence (AI) is the study of how people think, work, learn, and decide in every situation in life, whether it is connected to problem-solving, learning something new, thinking logically, or coming up with a solution, etc. If Artificial Intelligence mostly connected with the daily life of the human being it must be protect the relationship between the human being and society people and there should be remedy to the peoples in case of violation of laws by AI machines. Cyber security and cyber law already new concept in the development of modern laws of the country. Cybercrimes are becoming common and frequently reported in the news. It is a global challenge, not simply one that affects one nation. AI is meaningless without strong security measures since it may be readily accessible by outsiders. Governments, banks, and global corporations now face a serious threat because of cyber security threats. Hackers use a lot of private and business data to their advantage, which poses a serious threat to the online community

On the question of the significance of the energy security of Ukraine under the conditions of marital state and its legal regulation

The paper is devoted to topical issues of Ukraine's energy security in the context of martial law in general and the negative consequences that the russian federation is having on energy infrastructure facilities in particular. Attention is focused on the fact that the energy security of the state is a component of the national security of a modern civilized state and one of the important areas of ensuring national interests. The formation and implementation of Ukraine's energy policy in the context of national security is an extremely important direction of economic policy in the context of European integration and striving for world standards. It is emphasized that russia's full-scale invasion of Ukraine on February 24, 2022 endangered the normal functioning of Ukraine's energy system. A legal analysis of the state's energy security and legal responsibility for offenses in the energy sector under martial law is provided. The paper is based on the legislative base of Ukraine and norms of international law, works of domestic scientists, as well as materials of national and foreign periodicals, statistical compilations, including those of international organizations. It was determined that the protection of citizens of Ukraine and the energy sector also includes norms of civil, administrative, and economic law. However, in the conditions of martial law, the norms of criminal legislation that encroach on the energy security of the state and establish criminal liability for committing criminal offenses in the field of national and public security, in particular, sabotage, explosions, acts of terrorism, intentional destruction or damage to residential objects deserve the greatest attention - communal economy, violation of laws and rules of warfare, etc. It is substantiated that an integral and important feature of the listed criminal offenses is the occurrence of a socially dangerous consequence in the form of creating a danger to human life and health or causing significant property damage or the occurrence of other serious consequences, which consists in such changes when there is a real threat to normal functioning transport, communication, providing consumers with water and electricity.

Law, political economy and war reparation: The case of Bosnia and Herzegovina

AbstractWhat are the after‐effects of the Bosnia and Herzegovinian (BH) transition from a post‐socialist, post‐genocide, and post‐ethno‐nationalist state into a European liberal democracy? This article makes a case for war reparation and argues that while poverty reduction has not been among the stated aims of transitional justice mechanisms, it is of critical importance to study war victims' deprivation in the context of historical patterns of structural injustice and examine liberal reconstruction policies that failed to provide compensation and legal redress for gross violations of human rights and serious violations of humanitarian law. The article uses the historical sociology approach as a method of analysis to investigate how moving away from a socialist to a capitalist economic model, from war to peace, and from one party political system to liberal democracy has resulted in structural injustice and growing levels of poverty that adversely impact most vulnerable Bosnians. The article presents an argument that the lack of post‐war reparation programs, coupled with an inadequate emphasis on political regime change, poverty reduction programs and social and economic rights such as access to welfare, cash assistance, food, transportation, education, pension, and disability benefits to ensure the quality of living is detrimental to everyday lives of war victims and people who live at the bottom of the society.

“Everybody that's here, is legal” white employers' racial ideologies in the workplace and justifications for hiring undocumented Latino laborers

AbstractWhite employers routinely hire undocumented Latino immigrant workers based on their perceived racializations about their subservience. Researchers have explored how employers racialize Latinos, yet there is less understanding of how white employers justify breaking immigration labor policies. This study analyzes the justifications of both racialized exploitation and organizational decoupling that supports violations of immigration laws. Using in‐depth interviews with 20 white employers, this study explores employer racializations of Latinos, views of whiteness in the workplace, and justifications to hire undocumented immigrants. White employers praise Latinos for their perceived subservience, favor whites for management, and neutralize their own unlawful actions of hiring undocumented laborers. White employers frame themselves as rational, innocent, and virtuous while reinforcing racial stratification and breaking immigration laws. This study provides insights on employer labor practices with implications for labor mobility, migration reform, and racial inequality in the workplace.

Unrevealing the Role of Social Media on Online Sex Trafficking: A Case Study and Conceptual Model of Cyber Prostitution in Indonesia

Online prostitution is an example of cybercrime which is increasingly happening in today's digital era. Even though online prostitution cases have been well documented, in Indonesia itself there is no criminal law regulation that specifically addresses prostitution cases that occur on social media. Likewise, there is a lack of research that discusses the process of how online prostitution cases can occur from start to finish and social media interventions in these cases. The average previous research only focused on law violations that occurred at the final stage or at the exploitation stage. This indirectly ignores the role of social media in the process of building trust between perpetrators and victims (trust building), the process of trading or advertising (advertising), and the process of transactions between perpetrators and potential buyers (transactions). Therefore, in this study the author will discuss the role of technology in online prostitution cases and their relationship with criminals, victims and members of the police. The research design used by the author is Research & Development Level 1. The data in this study were obtained using in-depth interviews with informants and analysed by a deductive approach adapted from Nunamaker's research. Based on the results of the data analysis that has been carried out, the author finds that the social media most used by the actors is the MiChat application as much as 44%, Facebook 26%, WhatsApp 12% and other applications as much as 18%. In addition, this research also produces a conceptual model that describes the various processes that occur in online prostitution cases and the role of each social unit and social media. The conceptual model has been tested and validated by experts using the rating scale method. Obtained a percentage value of 86.67%. The results of this assessment prove that the conceptual model created is very feasible.

Proving the Crime of Domestic Psychological Violence

This research aims to determine the process of proving crimes of psychological violence in domestic violence cases and the factors inhibiting the process of proving crimes of psychological violence in cases of domestic violence. Based on the analysis of data and events, the author concludes that the process of proving psychological violence in cases of domestic violence must use Visum Et Repertum which has the power of proof/valid legal evidence in criminal cases in accordance with the theory of psychological evidence. The type of Visum et Repertum used is Psychiatric Visum et Repertum. From several conclusions examined, it is clear that the judge always bases his conclusions on the Visum Et Repertum submitted in the peace agreement. The inhibiting factors for proving psychological violence in domestic violence cases are made using the legal system theory put forward by Lawrence Friedman and as a result there are still differences in the understanding of law enforcement officials regarding the application of domestic violence laws. (the content of the law) gives rise to differences in perception. Apart from that, it took quite a long time from the incident to the Visum Et Repertum examination, so the autopsy results did not support the trial process (legal structure).

Some aspects of legal consequences of the Constitutional Court of Ukraine decision’s No. 1-р/2023 dated 07.02.2023 for the practice of resolving labor disputes

The article analyzes the legal consequences of the decision of the Constitutional Court No. 1-р/2023 of February 7, 2023 for the regulation of labor relations between the employer and teaching staff who are paid an old-age pension, and for the practice of resolving labor disputes regarding the recognition of their dismissal and reinstatement as illegal.
 Different types of situations are considered. For example, if such labor relations lasted/continues after February 7, 2023 and a labor dispute has not yet arisen, the most optimal “way out” from the point of view of the theory of labor law is to transfer teachers who are paid an old-age pension, by order of the employer, to open-ended labor contracts.
 Various variants of the influence of the decision of the KSU No. 1-r/2023 of February 7, 2023 on the practice of resolving labor disputes were also studied. Such labor disputes are being systematized. The following groups of authors are distinguished:
 
 labor disputes that arose after February 7, 2023 and, accordingly, were considered after this date;
 labor disputes that arose before February 7, 2023, but were considered/reviewed after February 7, 2023;
 labor disputes that arose and were considered by the court until February 7, 2023, if the decision was not reviewed or its review was completed before this date.
 
 The article concludes that the disputes of the first group are not characterized by problems. Court practice shows that such lawsuits to declare dismissal illegal and reinstatement are decided in favor of the plaintiff- teacher, who is paid an old-age pension.
 Labor disputes of the second group are resolved ambiguously in judicial practice. In one of the cases, the Supreme Court noted that the contested decision was based on the law that was in force at the time (as of the date of adoption of such a decision), and therefore no violations of substantive or procedural law were observed. On the other hand, in another case under a similar situation, the Supreme Court returned the case for a new consideration, pointing out the absence of other legal mechanisms for revising the court’s decision, which is based on an unconstitutional norm.
 Labor disputes of the third group are the most problematic and debatable, because formally, the final decision in the case was made before the adoption of the KSU decision No. 1-r/2023. Review of such cases under exceptional circumstances due to recognition as unconstitutional of the provisions of par. 3 ch. 2 Art. 22 of the Law is impossible. Violation of appellate or cassation review of such cases is complicated by missing the deadlines for such an appeal. “Summary” of the KSU decision under “newly discovered” circumstances is a debatable issue, although, in our opinion, in general, such an option is not excluded.

The Problem of Migration from Sub-Saharan Africa to Algeria in the Twenty-First Century

In the twenty-first century, there was a sharp increase in migration from sub-Saharan Africa to Algeria, and the Sahel zone became a hot stop for illegal human smuggling. Some immigrants go to the north of the country to continue their journey to Europe; others remain in Algeria, treating it as a destination country and do not continue their journey. Algeria has been repeatedly accused of using illegal practices against migrants, such as deportations, pushbacks, and detentions. The aim of the article is to try to assess the scale of the problem of illegal immigration in Algeria based on available statistical data and their periodisation. The main routes taken by migrants will be described, as well as the basic principles of migration policy in Algeria. The following hypotheses were put forward: 1) Algeria is mainly a transit country for migrants from sub-Saharan Africa; 2) The main irregular migration routes lead from the Sahel zone; 3) There is unequal treatment of people in terms of violations of Algerian law (division into Algerians and others). For the purposes of the article, the following research methods were used – analysis and synthesis, comparative method, statistical method, and systemic approach.

Negotiating the value of rule of law through attitudinal positioning

Abstract This article examines how the value of rule of law is negotiated through public prosecutors’ attitudinal positioning of themselves and defendants in courtroom discourse. A corpus-based analysis of 120 recent Chinese digital indictments revealed that the evaluative stances of public prosecutors toward themselves invariably imply positive judgment of capacity and legal propriety in their legal investigation, thus constructing a stable and authoritative image of law enforcers. Their attitudes toward defendants are mainly negative judgments of both moral and legal propriety through various criminal actions, creating a predominantly evil image of law violators with different personae. It is through these sharply different patterns of discourse representation that public prosecutors tactically construct and negotiate attitudes toward crime and justice, thus establishing mainstream judicial values during legal proceedings. This study may shed new light on the research of legal argumentation for negotiating judicial values under the civil law system in this digital era.

Interpol activities against environmental crime

The article focuses on describing the main areas of Interpol’s activities in combating environmental crime. It is indicated that Interpol’s activities in combating environmental crime include the following areas: crimes against wildlife, crimes in the field of fisheries, crimes in the field of forestry, pollution and related crimes. It is noted that an extensive structure has been created within the Organization to combat these crimes. In particular, a group responsible for combating environmental crimes was created - the Environmental Security Programme (ENS). The ENS aims to assist member states in effectively enforcing national legislation and international environmental law, as well as to ensure law enforcement cooperation, combine the efforts of various government agencies and encourage coordinated cross­border actions to maintain environmental security. It is noted that the activities of ENS are closely interrelated and supported by the Environmental Compliance and Enforcement Committee (ECEC). The ECEC helps INTERPOL to identify emerging patterns and trends in environmental crime and develop law enforcement responses to address identified threats; it acts as a strategic advisory group of INTERPOL on policy development and project implementation related to the prevention and suppression of environmental crime and law violations. It is emphasised that the ECEC has four working groups on crimes: Fisheries (FCWG), Forestry (FoCWG), Wildlife (WCWG) and Pollution (PCWG). Each group brings together forensic scientists and experts from around the world who work on threat-based activities and provide the Committee and INTERPOL with expert advice on how to respond to various threats. It is noted that INTERPOL also provides a range of other tools and services in the field of combating environmental crime: the I-24/7 system, notices, ecomessages, Regional Investigative and Analytical Case Meetings (RIACMs), Investigative Support Teams (ISTs), operations, National Environmental Security Task Forces (NeSts) etc.

The role of non-governmental human rights organizations in ensuring the collection of evidence for the international criminal court in the context of the war in Ukraine

In Ukraine, starting from February 2022, every day servicemen of the Russian army commit crimes that are a direct violation of international humanitarian law, not only on the front line, but also in the depths of the country, in the central and western regions. The author of the article analyzes the procedure for pre-trial investigation of international criminal crimes and the role of non-governmental public human rights organizations in this process. In addition, the new functions assigned to NGOs as separate non-governmental human rights organizations that have been operating on the territory of Ukraine since the beginning of the full-scale invasion were considered. The legal mechanisms for the involvement of NGOs in the collection of evidence on the ground, as well as the possibility of taking into account the collected information by international justice bodies, were studied. Specific examples and initiatives of the public sector, within the scope of the issue being studied, are given, and the functions, competences, and opportunities for increasing the effectiveness of NGO activity in the conditions of war are defined.
 It was concluded that non-governmental organizations, including human rights organizations, during the war in Ukraine discovered new areas of work and expanded the possibility of cooperation with state bodies. In turn, law enforcement agencies have provided access to limited information for the NGOs themselves by internal orders, which together increases the effectiveness of the pre-trial investigation of committed crimes. Thanks to this, feedback has been established. Special attention should be paid to the work of foreign NGOs and volunteers, which contributes to the recording of war crimes and crimes against humanity, which current Ukrainian refugees witnessed or became victims of.
 It was concluded that the main areas of evidence-gathering NGO activity are the following: 1) dissemination of information in the mass media about the condition of refugees who suffered as a result of the crimes of the Russian military, documenting the stories of witnesses of such offenses. In particular, the facts of torture and sexual violence (from the testimonies of refugees from Ukraine) were reported by the mass media in many European countries and beyond; 2) provision of advisory assistance regarding high-quality recording of episodes of criminal acts in order to recognize such evidence as appropriate; 3) peaceful gatherings and protests of public organizations, the active public against Russia’s war crimes in Ukraine, which, of course, is of great importance for the international community to recognize their severity and massiveness.
 It was concluded that the wide international recognition of the war crimes of the Russian Federation creates opportunities for the successful initiation of the International Tribunal or other judicial formats (such as the International Criminal Court, the Extraordinary Chamber) to bring the perpetrators to justice. All international actors collect evidence according to the clear requirements and standards of the International Criminal Court, and subsequently either transfer it to it or accumulate it in the prosecutor’s offices of certain countries for further referral to a designated responsible judicial body.

Recreational substance use among international travellers.

Drug tourism reflects the expanding illicit drug market, posing health risks in unfamiliar travel settings. Existing knowledge specifically addressing substance use among international travellers is sparse and has not been reviewed to date. This review aimed to describe the recreational substance abuse in international travellers. A literature search was conducted on PubMed, Google Scholar and Scopus using keywords related to recreational substances and international travellers. A total of 11 021 articles were reviewed, charted and summarized for the evidence on prevalence, patterns and characteristics of substance abuse and their health- and non-health-related problems on international travellers. A total of 58 articles were included. Most were cross-sectional studies and review articles. In total, 20 articles addressed the prevalence of substance abuse in travellers, 33 looked at characteristics and patterns of substance abuse in travellers and 39 investigated the health- and non-health-related problems from substance abuse. Estimated prevalence of recreational substances abuse varied from 0.7% to 55.0%. Rates of substances abuse were 9.45-34.5% for cannabis, 20.4-35.9% for alcohol intoxication, 2.82-40.5% for MDMA, 2-22.2% for cocaine, 2-15% for psychedelic agents and 2% for methamphetamine. The prevalence varied according to travellers' characteristics and travel destinations. Direct health problems included neuropsychiatric problems. Indirect problems included accident and unintentional injuries, crime and violence, risky sexual behaviours and sexual violence and blood-borne infections. Non-health-related problems included air rage, deportation and violation of local laws. Substance abuse among international travellers is an underestimated problem that requires intervention. These findings emphasize the importance of addressing this issue to mitigate both health and well-being problems among travellers whilst promoting safer and more responsible travel experiences. In the context of travel health practices, practitioners should counsel travellers whose itineraries may include substance abuse, informing them about associated risks and consequences.

US Obstetrician-Gynecologists' Perceived Impacts of Post–Dobbs v Jackson State Abortion Bans

Following the Dobbs v Jackson Women's Health Organization decision in June 2022, 17 US states have functionally banned abortion except in narrow circumstances, and physicians found in violation of these laws face felony charges, loss of their medical license, fines, and prison sentences. Patient impacts are being studied closely, but less research has focused on the consequences for obstetrician-gynecologists (OB-GYNs), for whom medically necessary care provision may now carry serious personal and professional consequences. To characterize perceptions of the impact of abortion restrictions on clinical practice, moral distress, mental health, and turnover intention among US OB-GYNs practicing in states with functional bans on abortion. This qualitative study included semistructured, remote interviews with OB-GYNs from 13 US states with abortion bans. Volunteer sample of 54 OB-GYNs practicing in states that had banned abortion as of March 2023. State abortion bans enacted between June 2022 and March 2023. OB-GYNs' perceptions of clinical and personal impacts of abortion bans. This study included 54 OB-GYNs (mean [SD] age, 42 [7] years; 44 [81%] female participants; 3 [6%] non-Hispanic Black or African American participants; 45 [83%] White participants) who practiced in general obstetrics and gynecology (39 [72%]), maternal-fetal medicine (7 [13%]), and complex family planning (8 [15%]). Two major domains were identified in which the laws affected OB-GYNs: (1) clinical impacts (eg, delays in care until patients became more sick or legal sign-off on a medical exception to the ban was obtained; restrictions on counseling patients on pregnancy options; inability to provide appropriate care oneself or make referrals for such care); and (2) personal impacts (eg, moral distress; fears and perceived consequences of law violation; intention to leave the state; symptoms of depression and anxiety). In this qualitative study of OB-GYNs practicing under abortion bans, participants reported deep and pervasive impacts of state laws, with implications for workforce sustainability, physician health, and patient outcomes. In the context of public policies that restrict physicians' clinical autonomy, organization-level supports for physicians are essential to maintain workforce sustainability, clinician health and well-being, and availability of timely and accessible health care throughout the US.

Responsibility for Offences against Internationally Protected Persons: Contemporary Legal Aspects

The article examines complex legal aspects of the problem of responsibility, when it comes to offences against internationally protected persons (OIPP). The article reveals that, depending on the international legal qualification of the offence, OIPP can be qualified as either an ordinary crime (the one prosecuted under domestic law following the participation of the State in the relevant international conventions the key of which is the 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents) or an international crime when it is a violent act against the protected person committed in the situation of an armed conflict. The authors argue that notwithstanding the fact that both cases entail individual criminal responsibility of the delinquent, individual criminal responsibility for OIPP as an ordinary crime occurs to the extent in which a State party to a relevant international convention has provided for punishment in its national legislation for the conduct criminalized thereby. At the same time, with regard to OIPP as a war crime, the article highlights that the commission of OIPP engenders the right to exercise universal jurisdiction under customary international law and the obligation to exercise quasiuniversal jurisdiction under the “Geneva law” for the purpose of bringing delinquents to justice. In the meantime, the most controversial issue is the question of international legal responsibility of a State in cases of OIPP. It is argued that such responsibility can arise, when OIPP is a war crime committed by a State agent or a non-State actor effectively controlled by the State, as well as when it fails to undertake necessary measures to ensure personal inviolability of protected persons in violation of diplomatic law, or in situations of the denial of justice.

The Urgency of Restorative Justice Regarding Customary Criminal Violations: Harmonization Between Customary and National Criminal Laws

<p class="TableParagraph"><em>Indonesia is rich in cultural and traditional diversity, including a variety of customary laws in different regions. Conflict often arises between customary laws and national criminal laws. Restorative Justice is an important approach to resolving this conflict, with a focus on reconciliation rather than punishment. This research aims to understand the implementation of Restorative Justice in the Indonesian context, identify its positive and negative impacts, and contribute valuable insights to international discussions on legal conflicts in culturally diverse societies. Normative legal research methods and document analysis are used for this study. The findings suggest that the implementation of Restorative Justice in resolving violations of customary criminal laws in Indonesia has the potential to enhance harmony between customary and national criminal laws. Necessary steps include establishing a dedicated restorative justice judicial system, involving local communities, fostering collaboration between authorities of customary and national criminal laws, and conducting extensive public education. However, it is crucial to consider both the positive outcomes, such as community relationship restoration and reduced burdens on the criminal justice system, and the negative impacts, including potential justice disparities and implementation challenges. Therefore, the integration of restorative justice needs to be carefully aligned with principles of justice, respect for customary culture, and the protection of the rights of vulnerable victims and offenders.</em></p>

Infringements of European Union law at the local and regional level across Member States

AbstractThis paper investigates variations in infringements of EU rules by substate authorities. The paper tests the effect of structure and actor level variables. First, we test structural factors in terms of the autonomy that substate authorities hold. Second, we test some actor level factors that may also increase transaction costs: autonomy of substate actors, public opinion on the EU and administrative capacity. The results indicate that there is a relationship between the increased autonomy of substate authorities and higher number of infringements. The results also provide support that preference to exercise this autonomy correlates with higher infringements. In addition, the results show that negative public opinion on the EU is strongly correlated to higher numbers of infringements. This suggests that transaction costs associated with multilevel policy implementation and attitudes to the EU are determinants of substate infringements.

The Attorney's Wiretapping Authority in Special Crimes and Military Crime Connection Cases

The authority in lawful interception in the legal norms in force, in Indonesia today, can be exercised by Law Enforcement Officials (APH) and State Intelligence (IN). APH includes the Police, the Attorney General’s Office, the National Narcotics Agency, and the Corruption Eradication Commission, while the only state intelligence agency that has authority is the State Intelligence Agency. The Attorney General’s Office in accordance with legal norms has the authority to investigate general crimes in accordance with the material provisions of the Criminal Code (KUHP), special crimes according to provisions outside the Criminal Code, and military crimes in accordance with the provisions of military criminal law after the formation of the Junior Attorney General for Military Criminals ( Jampidmil). The Attorney General’s authority is to handle specific criminal acts related to corruption, gross human rights violations, money laundering, insubordination, use of unlawful force, theft, embezzlement, and other violations of law involving military personnel. This study will discuss the wiretapping authority of the Attorney General’s Office when dealing with special crimes, namely corruption and military crimes connected with terrorism so that the difference in wiretapping procedures can be seen in the handling of these two different crimes at the stages of investigation and prosecution.
 Keywords: attorney general, lawful interception, investigation, corruption, military crime

Application Comparison of the Lex Loci Delicti Commission Theory between the Oil Spill Case in the Gulf of Mexico and the Carbon Emissions Case in the Netherlands

The event of a disastrous oil spill from British Petroleum's offshore drilling installation on the 20th of April 2010 was caused by a leaking underwater pipeline, which polluted the waters of the Gulf of Mexico. Subsequently, there was the Carbon Emission Case in the Netherlands, which required Shell to reduce their carbon emissions by 45% by 2030 from the carbon emissions generated in 2019. Both events were deeply concerning and directly effected the citizens of the respective countries. In the first case, the spill of approximately 5,000 barrels or 210,000 gallons (795,000 liters) of crude oil spread extensively due to ocean currents where the contaminated area ended up covering 9,933 square kilometers of ocean (77 x 129km). This oil spill, which was a result of British Petroleum's negligence, lead to legal action taken against the company for violations of international environmental laws, due to environmental pollution. In the second case, Shell, was deemed to have contributed significantly to climate change in the Netherlands. The company was responsible for twice the amount of greenhouse gas emissions than the Netherlands. The research method employed in this journal uses a normative juridical research approach, focusing on legal norms within the decisions for Case MDL No. 2179 and the Verdict issued by the Haugue District Court. In this journal, the author concludes that both British Petroleum and Shell have been proven to commit unlawful acts against the international environment laws through environmental pollution.

The Value of Media Ecology for Enabling Human Rights Defenders to Advocate for the Protection of the Right to Mental Health in the Context of Deploying Artificial Intelligence Technology as part of the Decision-making Process

Traditionally, human rights activists gathered evidence about violations of particular individuals' human rights to demand that states change their conduct and adopt measures to prevent further violations. Deploying artificial intelligence as part of the decision-making process creates challenges for activists to detect all sources of harm and demand that states take action to address the harms. Abeba Birhane points out that employing artificial intelligence technology can generate harmful impacts that are either difficult to detect or invisible. If harms remain invisible, then it is difficult for human rights defenders to document them. Equally, it becomes challenging to articulate why the harms in question constitute international human rights law violations. As a result, it is harder for human rights defenders to call on states to take action to safeguard fundamental rights. This article puts forward that individuals can make harms arising from the deployment of artificial intelligence as part of the decision-making process more visible by using the theoretical framework of media ecology. It demonstrates that media ecology can provide an additional tool for human rights activists to detect how using artificial intelligence as part of the decision-making process can undermine the enjoyment of a human right. The article uses the right to mental health as a case study to develop this argument. In order to contextualise the analysis, the article focuses on the employment of artificial intelligence to screen candidates for employment as a case study.

The Compensation for Harm Caused by Infringements of Competition Law in Germany

The Compensation for Harm Caused by Infringements of Competition Law in Germany