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THE DIMENSION OF HUMAN SECURITY CONCEPT IN THE CONTEXT OF THE VISIONS ON THE SUSTAINABLE DEVELOPMENT

DIMENSIUNEA CONCEPTULUI DE SECURITATE UMANĂ ÎN CONTEXTUL VIZIUNILOR ASUPRA DEZVOLTĂRII DURABILE

Author(s): Grosu Ruslana / Language(s): Romanian / Issue: 3/2013

Keywords: Human security; Sustainable development; States; Risks and Threats; Human rights

The issue concerning the human security has kept its importance in the XXI century, because of new global challenges, dangers and threats. Globalization has increased the interdependence between nature, human being and society. The scientific and technological progress have created a new category of global threats on the vital interests of persons and society. The international community and states, in particular, have not yet found an adequate response to these threats. Contrary to some views circulating in the area of neorealist and neoclassical paradigm, the states maintain their status as central actors in international relations, although the focus moves from state to society and its institutions. Moreover, the representatives of the postmodern concept consider that the state, not being able to provide security for itself, becomes a source of threat for the community. Human security cannot replace the traditional meanings of security, but should not be excluded from the list of defining the concept of security, because of its integrative feature. Human security provides a new approach concerning security and development. The current security policies continue to focus on the threats against the state and on the traditional military capabilities. The security is dealt with, apart from the problem of development. The current approaches on security and development are not only appropriate, but in some cases may exacerbate insecurity. The conceptualization of human security and sustainable development is an essential contribution to changing paradigms, reflected in the change of focus from state security to security of individuals and from economic development to the impact on the welfare of individuals. Human security is an important step towards rebuilding the international system around a fair international order. Thus, human security is legitimized in contemporary conceptual universe by involving the ethical and normative dimensions. Human security and human rights are mutually reinforcing, because the first has the burden of establishing that rights are threatened in some situations, and the latter are responsible to determine the trajectory that human security must fall.

Estimations of the Scale of Trafficking in Human Beings: International and National Initiatives

Prekybos žmonėmis masto vertinimas: tarptautinės ir nacionalinės iniciatyvos

Author(s): Reda Sirgedienė / Language(s): Lithuanian / Issue: 4/2012

Keywords: fight against trafficking in human beings; data on trafficking in human beings; information system; project; data collection; subjects of public administration

Timely and qualitative data are the basis of successful disclosure, prevention and investigation of a crime. Trafficking in human beings is an international crime. These two aspects are among the reasons why many international and national initiatives directed towards enhancing the capacities to collect high quality data on trafficking in human beings are organised by international organisations and law enforcement institutions, usually the police. Based on the research, mostly two types of international and national initiatives on collecting data on trafficking in human beings—theoretical, analytical and practical initiatives—have been conducted. Thus, the first section of the article tackles the most significant international and other countries’ national initiatives on collection of data on trafficking in human beings and determining their indicators. The analysis of both types of international and national initiatives revealed the inability to implement the plans in practice. This is one of the main reasons why the data on trafficking in human beings remain sketchy and incomparable. The second section of the article outlines the situation in Lithuania as regards the collection of data on trafficking in human beings and relevant indicators. The article recommends developing the criminal records system in Lithuania with a few indicators specific for data on trafficking in human beings and to compile a common set of indicators for centralised collection of data on trafficking in human beings. According to the article, this recommendation could be implemented under coordination of a specialised office of a national rapporteur for trafficking in human beings.

Saunders, W. K., Degradation: What the History of Obscenity Tells Us about Hate Speech; Heyman, J. S., Free Speech and Human Dignity

Saunders, W. K., Degradation: What the History of Obscenity Tells Us about Hate Speech; Heyman, J. S., Free Speech and Human Dignity

Author(s): Julija Perhat / Language(s): English / Issue: 34/2012

Policy of the council of Europe for the protection of a human in the prenatal stages of development

Polityka Rady Europy w zakresie ochrony istoty ludzkiej w prenatalnych stadiach rozwoju

Author(s): Oktawian Nawrot / Language(s): Polish / Issue: XXXIII/2015

Keywords: policy of the council of Europe; human embryo and fetus; protection of human rights; 1990-ties; Council of Europe;

The protection of a human embryo and fetus is one of the most critical issues of the contemporary legal policy. On one hand, legal systems, including systems for the protection of human rights, are traditionally focused on the protection of rights and freedoms of a human, who is understood as an already born human being. On the other hand, the development of bio-medicine shows that this human being is going to be a direct victim of actions taken on a human embryo or fetus. Thus, the legal protection of human rights and freedoms should be expanded for a human fetus, embryo or even gametes used for the procreation purposes.There is no need to add at this point how difficult it is to develop adequate legal instruments in order to achieve this aim. Achieving a consensus, even on such basic issues as the legal status of a human embryo, often becomes impossible mainly because of the multiplicity of interests. Under the human rights protection system of the Council of Europe, where the process of creating standards for the protection of human beings against the risks associated with the development of biology and medicine seems to be the most advanced,not even the draft of the Treaty on the protection of a human embryo has been prepared sofar, even that it was announced in the early years of the 1990-ties. The absence of a “hard”legal instruments governing difficult issues associated with the onset of human life does not mean, however, that no attempt is made to develop a common policy in this regard.The article is devoted to these particular attempts undertaken within the framework of human rights protection system of the Council of Europe, as well as their effects.

HUMAN DIGNITY: CONSTITUTIONAL RIGHT, ABSOLUTE IDEAL, OR CONTESTED VALUE?

ЉУДСКО ДОСТОЈАНСТВО: УСТАВНО ПРАВО, АПСОЛУТНИ ИДЕАЛ ИЛИ ОСПОРАВАНА ВРЕДНОСТ?

Author(s): Henk Botha / Language(s): Serbian / Issue: 4/2009

Keywords: Human dignity; Paradox; Constitutional Court of South Africa; Freedom; Autonomy;

This paper explores the idea of human dignity as a prime constitutional value, discussing in particular the case of post-Apartheid South Africa. The author shows that the Constitutional Court in this country, has invoked dignity as a justifiable right, and it has placed dignity at the center of its constitutional jurisprudence. However, the Court was criticized not for placing dignity above other values, such as democracy and equality, but for claiming that dignity is so open-ended that it could be invoked to justify almost any outcome. In that respect, the author explores five paradoxes which lie at the heart of human dignity. First, human rights demand the absolute commitment to the sphere of personal inviolability, but human dignity is a pervasive value which underlies a variety of rights and cannot escape being subject to balancing. Second, human dignity is inherent to all human beings and transcends cultural differences and national boundaries, but its protection and exact meaning depends on its concretization in a particular legal order. Third, human dignity is inherent to every human being, but it depends on material conditions and social standing of every person. Fourth, dignity demands respect for the cultural and symbolic processes through which every individual becomes person and makes sense of his/her world.

HUMAN DIGNITY AND NEW GENETIC TECHNOLOGIES: OPPORTUNITIES AND CHALLENGES OF LEGAL PROTECTION

ЉУДСКО ДОСТОЈАНСТВО И НОВЕ ГЕНЕТСКЕ ТЕХНОЛОГИЈЕ (ИЗАЗОВИ И МОГУЋНОСТИ ПРАВНЕ ЗАШТИТЕ)

Author(s): Igor Milinković / Language(s): Serbian / Issue: 80/2018

Keywords: genetic technologies; dignity; legal framework; international documents

Accelerated advances in genetic research constantly generate new ethical dilemmas. Dworkin described the extent of ethical controversy arising from genetic technologies. Dworkin designates their application as “a moral free fall” (Dworkin, 2002: 448), while Singer specifies the significance and possible consequences of “the reproductive revolution”, a significant segment of which is the use of genetic engineering, and compares them to “the revolution in physics which produced an atomic bomb” (Singer, 1958: 588). The application of genetic interventions opens up opportunities not only for the prevention and treatment of serious illnesses but also for the selection and improvement of human characteristics, not only the characteristics of already born individuals but also the characteristics of unborn children and future generations, i.e. human species as a whole. Although some authors consider that law is insubstantial when confronted with the challenges of the biotechnological revolution, there is an increasing need to create an appropriate legal framework for the application of genetic interventions on human beings. Therefore, more and more efforts are made at the international and the national level to define the principles and rules governing the use of new genetic technologies. Imposing legal restrictions on the application of genetic engineering is often justified by the value of human dignity. As the content of this term is subject to different interpretations, in the field of bioethics it is declared to be “useless” (Macklin, 2003: 1420). In the first part of the paper, the author draws attention to the basic ethical dilemmas underlying the application of new genetic technologies, with emphasis on the role of human dignity in these ethical debates. After that, the analysis focuses on the provisions of relevant international documents relating to the application of genetic technologies, with specific reference to the so- called “limiting” dimension of human dignity, as the ethical basis underlying the adopted principles. The paper also examines the legal treatment of new genetic technologies within the national legislations of different countries. Finally, the author analyzes the existing normative solutions in Bosnia and Herzegovina, i.e. its entities: Republika Srpska and the Federation of Bosnia and Herzegovina.

Research method of human traffic with the „Loverboy” recruitment metho

Metodica cercetării traficului de fiinţe umane cu metoda de recrutare „Loverboy”

Author(s): Cornel Mototolea / Language(s): English,Romanian / Issue: 2/2018

Keywords: victim; trafficking in human beings; loverboy; mining;prostitution of minors;

Trafficking in human beings is not an isolated phenomenon, specific to our country, but has acquired a cross-border and organized character. Among the methods of victim recruitment, this article proposes to treat the most sophisticated recruitment method, namely "loverboy" or "in love". It is the only method by which recruiting traffickers, who are the first link of a trafficking network, use the emotional attachment of a woman to compel her to prostitute and bring her into full suppression.

Human Trafficking in the Context of International Relations and International Migration

Uluslararası İlişkiler ve Uluslararası Göç Bağlamında İnsan Ticareti

Author(s): Fulya Memişoğlu / Language(s): Turkish / Issue: 30/2019

Keywords: Human Trafficking; Migrant Smuggling; International Migration; Turkey; Human Security;

With increased and diversified mixed migration flows across the world, international human trafficking has become one of the most critical global challenges of the 21st century. The growing interest in the “global fight against human trafficking” rhetoric at times overshadows academic debates that provide an understanding of the concept based on factual/theoretical evidence. Main objective of this study is to overview the main conceptual and theoretical debates within the scope of international relations and international migration in an attempt to emphasise their significance in developing effective anti-trafficking strategies. Among other issues, the first part of the paper examines the conceptual relationship between human trafficking, migrant smuggling, and irregular migration. The second part addresses theoretical debates on human trafficking with reference to migration and security phenomena. The final part of the paper assesses the contribution of Turkey’s newly reformed migration institutional and legal framework on the development of a victim-oriented anti-trafficking policy in line with international standards.

The process of democratisation and its determinants. An analysis based on the example of the Czech Republic and Hungary (1999–2016)

Proces demokratyzacji i jego determinanty. Analiza na przykładzie Republiki Czeskiej i Węgier (1990-2016)

Author(s): Sebastian Kubas / Language(s): Polish

This study is concerned with an analysis of the democratisation processes in two Central European states: the Czech Republic and Hungary in the years 1990–2016. It consists of two parts, with the first one presenting a theoretical analysis of the phenomenon of democracy, the process of democratisation, and the determinants of this process, and the second one focusing on the empirical analysis of the democratisation processes in the Czech Republic and Hungary. Today democracy means that almost all adult citizens participate in the exercising of power. In substantive terms, democracy relies on freedom, equality, and majority rule. At the same time, it is also a regime that rests on specific principles and procedures (the procedural perspective). The process of consolidating democratic values and procedures goes through various stages. First, the erosion of a non-democratic regime involves the transfer of power from former elites to new political actors. Next, during the transition stage, the democratic institutional design is introduced into the political system. Finally, during the consolidation stage, the democratic principles of political life become well-established and democratic values accepted and internalized by the society. The most important determinants of the stage of erosion include: the heritage of the past and the influence of the surroundings. The transition is determined by: the structure of the state, national identity, political elites’ work on the constitution, the relationship between the organs of government, the party system, the electoral system, lustration, decentralisation of power to a system of local authorities, and external factors. The consolidation stage depends on institutional factors on the one hand. such as the final design of the constitution, a stable model of relations between the organs of government, the development of a pluralistic party system, and solidification of the electoral system, and on behavioural factors on the other, such as acceptance and internalisation of democratic values by the society. The process of democratization can be analysed and evaluated with the use of quantitative and qualitative indicators. This study employs indices used by Freedom House, The Economist Intelligence Unit, and The Bertelsmann Foundation.The erosion of the non-democratic regime in Czechoslovakia and Hungary was marked by the transfer of power from political elites to democratic actors. In Hungary, this process was accomplished by negotiations, leading to an agreement signed in the autumn of 1989; in Czechoslovakia, it resulted from the inefficient political elites surrendering the control of the country. The fall of the regime was non-violent. In the initial phase of democratisation, the Czechs could draw on richer experience and more substantial democratic achievements than the Hungarians.During the transition stage, various contributing factors not always influenced the Czech and Hungarian processes of democratisation in the same way. Differences can be seen in the case of such determinants as the structure of the state, national identity, or particular elements of the institutional design. While the Czechs formed their own state in 1992, after 1990 the Hungarians had to redefine their stance towards a several-million Hungarian diaspora in neighbouring countries. The Constitution of the Czech Republic was adopted in 1992, while the Hungarian communist Constitution of 1949 was amended in 1989 and 1990. Both states adopted the parliamentary cabinet system of government, but Hungary opted for the chancellor model. Multi-party systems emerged, but the electoral systems for parliaments were different – with proportional representation in the Czech Republic and mixed in Hungary. The process of lustration was more radical and effective in the Czech Republic. The impact of exogenous determinants was similar in both states because the situation was conducive to the promotion of democracy.The consolidation stage brought changes in the institutional design in both countries. In Hungary, a major restructuring took place after 2010, including the approval of the new Constitution in 2011. Its laws reflect the axiological stance of the legislator, based on conservative and national values rather than on liberal principles that were highlighted before. The party systems have remained pluralistic in both states, but the Czech one is more decentralised. This results in multi-party government coalitions and negatively influences the cabinet stability. In Hungary, the complicated electoral system has been simplified but the mixed formula has been retained. The democracy indices applied in the analysis – The Freedom House index, The Economist Intelligence Unit’s index, and The Bertelsmann Foundation’s index – unanimously indicate that the Czech Republic is more advanced than Hungary in its progress towards consolidated democracy.

Towards a new fundamental human right – the right to dignity

Spre un nou drept fundamental al omului: dreptul la demnitate

Author(s): Gheorghe Iancu / Language(s): Romanian / Issue: 2/2015

Keywords: human rights; human dignity; constitution; generation of rights;

Human rights are nothing else than certain standards attained by each political state and social system having as central issue the human being defined as being abstract and rational. They are the international, regional and also European standards of the subjective and fundamental rights, regulated by a state, by its Constitution and by the laws for the residents of that respective state, according to which the abstract and rational person is thus converted into a citizen or a foreigner. The Universal Declaration of Human Rights is the first and most important international document which stipulates the need to defend human dignity, even if the Declaration is attached to the rights, but non-embedded in their category.

Some issues of combating human trafficking in Republic of Uzbekistan

Некоторые вопросы противодействия торговле людьми в Республике Узбекистан

Author(s): Zhanar Seitaeva / Language(s): English,Russian / Issue: 12/2020

Keywords: human trafficking; preventive measures; human rights and freedoms; trafficking; interdepartmental commissions; forced labor; illegal migration;

This article is aimed at studying the positive practices and modern reforms of the Republic of Uzbekistan in the field of countering human trafficking, as well as a possible theoretical generalization of the role of such a Coordinating and Advisory tool as interdepartmental commissions to counter human trafficking. The author conduct a comparative legal study of the organization of interdepartmental commissions in Uzbekistan and Kazakhstan, as well as an analysis of the reform and transformation of the Uzbek Republican Interdepartmental Commission on Countering Human Trafficking into the National Commission on Countering Human Trafficking and Forced Labor.

Does the Principle of Significant Human Control Solves the Autonomous Weapons Liability Gap?

Ar reikšmingos žmogaus kontrolės principas išsprendžia autonominių ginklų atsakomybės spragą?

Author(s): Justas Sapetka / Language(s): Lithuanian / Issue: 2(22)/2020

Keywords: Autonomous weapons; International humanitarian law; Accountability gap; Meaningful human control;

Autonomous weapons are a new generation of weapons, and their development will lead to revolution in the field of military technology. Whether this revolution will be implemented depends on people's determination about the future of autonomous weapons, i. e. the development, restriction, suspension or total prohibition of these technologies. International decision and an unified policy choice should be implemented before the snowball effect occurs. In other words, it will be difficult for states to agree on the development or limitation of these technologies if the most powerful militaries in the world, or at least one of them develops autonomous weapons and has the opportunity to deploy them in armed conflicts. The need for development of autonomous weapons arises from comparing their advantages with conventional weapons. Autonomous weapons can reduce the number of victims and people injured in armed conflict and should help preserve property that is destroyed as a result of an inaccurately calculated attack. While these weapons may provide an advantage in warfare, they pose unprecedented challenges in legal and moral terms. One of the main ones is the emergence of an accountability gap. When an autonomous weapon acts in violation of international humanitarian law, it may be difficult to identify the entity responsible. In the light of the above, the article seeks to answer the question of whether the principle of meaningful human control solves the accountability gap for autonomous weapons. Examining the issue, first of all paper analyzes the need to apply personal accountability for serious violations of international humanitarian law, i. e. war crimes, crimes against humanity and genocide. In the following, article discusses one of the purposes of criminal law punishment, elements of the crime (actus reus and mens rea) and the execution of these elements if the actions of the autonomous weapon are contrary to international humanitarian law. Further paper presents problem of accountability gap posed by autonomous weapons. After revealing accountability gap issue, the importance of the principle (concept) of meaningful human control is discussed. The article identifies two main assumptions that necessitate application of the concept to autonomous weapons, explains the diversity of the principle, presents different approaches of states and non-governmental organization to the concept, also refers its main components. Finally, based on the statements of CCW members and the insights of researchers, article identifies that military commander is responsible for the implementation of the principle of meaningful human control over autonomous weapons. Hereafter paper explains the forms of responsibility of the commander, i. e. the direct responsibility and the doctrine of command responsibility. In the following, article presents arguments and counter-arguments in order to apply commander's direct responsibility for a violation of international humanitarian law by an autonomous weapon. Paper also specifies the requirements for accountability under the doctrine of command responsibility, identifies difficulties and solutions to apply this form of accountability in the event of law infringement by an autonomous weapon. After analyzing mentioned factors, article concludes that principle of meaningful human control can solve accountability gap for autonomous weapons.

Integrity and Dignity vs. Human Responsibility, Reasonableness or Rationality?

INTEGRITATE ȘI DEMNITATE VERSUS RESPONSABILITATE, REZONABILITATE SAU RAȚIONALITATE UMANĂ?

Author(s): Claudia Frățilă / Language(s): Romanian / Issue: 2/2020

Keywords: integrity; dignity; responsibility; reasonableness; rationality;

Freedom of religion is often at a disadvantage in balancing human rights, legitimate interests, and protected characteristics. Dignity can be approached from the perspective of religion as a public good. It emphasizes the precedence of good in religious conscience over legal rights under the law as public morality. Introducing religion as a public good could function as the basis for freedom of religious conscience and can relieve the tension over the protection of religion or belief in the workplace. Religion and freedom of religion will prove to be a flourishing factor within an understanding of public good.

Human pheromones: An analysis of misconceptions, problems and study perspectives (review)

Феромоны человека: анализ заблуждений, проблем и перспектив изучения (обзор)

Author(s): Sergei Anatolyevich Khaustov,Vyacheslav Albertovich Dubynin / Language(s): Russian / Issue: 2/2022

Keywords: Vomeronasal organ; Jacobson’s organ; Human pheromones; Accessory olfactory system; Sexual behavior; Biological education; Medical education; Scientific fallacies;

Introduction. The article reviews a range of studies into human pheromones and a possible system of their reception called an additional olfactory system. The purpose of the study is to summarize current scholarly literature into the problem of human pheromones, to conduct a comparative analysis of hypotheses and concepts in this area for use in medical and biological education, and attract the attention of young researchers to investigating this topic. Materials and Methods. A critical analysis of scholarly publications on the problem under study was carried out focusing on the identification of primary sources, possible refutation or experimental data confirmation. Results. The ambiguous and contradictory results of experimental studies are summarized, confirming, questioning or refuting the possibility of human pheromones and the sensory system of their perception existence, including the functionality of the vomeronasal organ (Jacobson's organ). Controversial experimental data on the impact of potential pheromones on the synchronization of ovulatory cycles, the development of sexuality, the formation of married couples, the tendency to homosexual behavior, the newborn's attachment to the mother, the impact on stress resistance and the level of attention in learning are analyzed. Conclusions. The study concludes that the additional olfactory system lost its role in the course of evolution in the distant ancestors of human beings, and some of its functions are being gradually transited to other tissues of the body, including the main olfactory system. At the same time, the inconsistency of the experimental results makes the use of this topic in the educational process extremely interesting for the formation of students’ critical and research thinking, demonstrating non-linearity of the scientific knowledge path with the stable presence and replication of scientific misconceptions, and existence of significant prospects for setting new tasks and further research.

HUMAN TRAFFICKING IN THE FRAMEWORK OF THE INTERNATIONAL ADOPTION SYSTEM: AN (UN)SOLVABLE PROBLEM?

ТРГОВИНА ЉУДИМА У ОКВИРУ СИСТЕМА МЕЂУНАРОДНОГ УСВОЈЕЊА – (НЕ)РЕШИВ ПРОБЛЕМ?

Author(s): Milica Radišić / Language(s): Serbian / Issue: 95/2022

Keywords: human trafficking; intercountry adoption; children; international law; reform; disagreement

The article explores the relationship between human trafficking and international adoption from the perspective of international (criminal) law. The article aims to indicate the specific position of international adoptions in relation to human trafficking. To accomplish this goal, the article provides a review of relevant literature on this subject matter, including the views of authors who examined this relationship, with specific reference to current international documents in the field of human trafficking and international adoptions. The inadequate international documents on this matter and the authors’ insufficent commitment to exploring this issue more thoroughly have generated different and often contradictory standpoints, and ultimately resulted in diverse and fairly liberal interpretation of certain international law provisions. The literature review allows us to observe the diversity of those views and the lack of common agreement among the authors, particularly on the basic concepts, which is one of the major hindrances in exploring this relationship. In the end, the author of this article suggest that an adequate solution may be the re-examination and reform of international law in the area of human trafficking and international adoptions, which would entail amending and supplementing the existing provisions or regulating illicit intercountry adoptions in a separate international document.

“Dignified Freedom”: A Theological Reading of Human Dignity, Equality and Freedom

„LIBERTATE DEMNĂ”: O LECTURĂ ÎN CHEIE TEOLOGICĂ A DEMNITĂȚII, EGALITĂȚII ȘI LIBERTĂȚII UMANE

Author(s): Ciprian Gheorghe-Luca / Language(s): Romanian / Issue: 1/2022

Keywords: freedom; human dignity; equality; public sphere; public theology;

Because of its broad range of interpretations, the concept of human dignity has proven to be an elusive term in liberal rights discourse. This paper seeks to provide a theological reading of human dignity, which that could be useful in solving some tensions between equality and freedom. First, it tackles the question of whether a theological understanding of human dignity ought to be considered in the public sphere. Secondly, it proposes a theological interpretation of dignity, equality, and freedom. Lastly, it considers the important contribution that theological reading of dignity, equality and freedom can make to the rights discourse.

THE RIGHT TO A HEALTHY ENVIRONMENT – A FUNDAMENTAL HUMAN RIGHT

DREPTUL LA UN MEDIU SĂNĂTOS – UN DREPT FUNDAMENTAL AL OMULUI

Author(s): Filofteia Repez,Liviu – Mihail Marinescu / Language(s): Romanian / Issue: 70/2023

Keywords: environment; the right to a healthy environment; documents; violations;

Humankind is facing lots of problems related to environmental and climate issues; in cumulative terms, they stand for a threat to the quality of life and economic development. Our knowledge of the environment has increased and the right to a healthy environment along with the need to protect it have increased in significance. It is utterly clear that mankind and the environment are parts of the same system. Individual and collective actions - either private or public – do contribute to popularizing the right of every person to a healthy environment and to the awareness of environmental protection. Recently declared, in the year 2022, as a universal right for all people of the Blue Planet, the right to a healthy, clean, and sustainable environment is a natural, fundamental right, the recognition of which adds it to the list of other fundamental human rights. Based on these premises, the present article has as scientific objectives the presentation of certain concepts, a brief history of the documents in which this right is recognized, and some aspects regarding the violation of this right. The proposed topic is noteworthy, therefore it would be useful to further enlarge upon it, and other similar scientific approaches would also be thought-provoking.

ILLEGAL MIGRATION AND TRAFFICKING IN HUMAN BEINGS IN THE EUROPEAN UNION AFTER 2012

NIELEGALNA MIGRACJA A HANDEL LUDŹMI W UNII EUROPEJSKIEJ PO 2012 ROKU

Author(s): Marta Magdalena Hołdyńska / Language(s): English,Polish / Issue: 2/2021

Keywords: Security; European Union; organized crime; illegal migration; trafficking in human beings;

The article attempts a preliminary assessment of the conditions, scale and trends of illegal migration to the European Union after 2012 and its criminal exploitation, including trafficking in human beings. Material and methods: The article refers to publicly available documents and data of EUROPOL, FRONTEX and the European Commission. The research on the criminal exploitation of migration and trafficking in human beings used quantitative and qualitative analysis methods. Results: The number of victims of trafficking in human beings detected in the European Union after 2012 has remained relatively stable despite an increase in the number of illegal migrants. Conclusions: The effectiveness of the European Union’s fight against illegal migration and related trafficking in human beings is not fully satisfactory.

The Sustainable Relationship between Investments in Human Capital and M&A

Relatia sustenabila dintre investitiile in capitalul uman si operatiunile de fuziuni si achizitii

Author(s): Irina Chiriac / Language(s): English,Romanian / Issue: 2 (170)/2023

Keywords: M&A; human capital expenditures; sustainable relationship; social factors; investors behaviour; COFOG indicators;

The purpose of this study is to investigate the sustainable relationship between government investment in human capital and the number of mergers and acquisitions (M&A). The analysis is carried out on EU countries grouped into emerging countries, frontier countries and developed countries, considering the FTSE Russell ranking. Specifically, the research looks at the impact of a range of social factors: government expenditure on recreation programmes, community events, festivals (RCR), expenditure on housing and community facilities (HCA), expenditure on schools and universities (EDUC), expenditure on hospitals and general practitioners (HLT), expenditure on social protection (SP) and public order and safety (POS), defence expenditure (DEF) and environmental protection expenditure (EP) on the volume of merger or acquisition operations. Following the study carried out with the help of the panel data methodology and the OLS (ordinary least squares) method, we concluded that a business environment characterized by sustainable government investments in culture and education is more likely to contribute to business success and to attract more foreign investors, including those resorting to mergers or acquisitions. The results of the study could help identify the group of countries that require more attention from governments in terms of spending allocated from GDP for a sustainable human capital environment. Also, entrepreneurs can discover sustainable countries where they can make foreign direct investments with a favourable impact on the performance of the target companies.

The legal status of human biological samples used in research purposes

Ludzka próbka biologiczna wykorzystywana dla celów naukowych jako przedmiot prawa cywilnego

Author(s): Dorota Krekora-Zając / Language(s): Polish / Issue: 3/2015

Keywords: organ donationbioethics; scientific experiment; civil law

The article is concerning analysis of legal status of human biological samples used in research purposes. Historical evolution of human body status, possible use of human biological samples and legal status of human biological samples under the European Community, Polish, Italian Law has been described in the article, as well as regulation in the Common Law countries. In author’s opinion the human biological samples should be recognized as a res for the legal purposes. Aforementioned approach provides the best protection of interests of both donors and biobanks. Paper contains conclusions de lege lata and de lege ferenda, including proposals of future legislation regarding biobanks and potential influence of foreign courts judicial decisions in this area on Polish legal practice.