Around the Bloc: EU Condemns Belarus Over Execution
Country remains only nation in Europe still applying the death penalty.
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Country remains only nation in Europe still applying the death penalty.
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A significant expansion in the use of the most varied means of monitoring employees in the workplace, which creates a conflict between the employees' right to privacy and the employers’ right to protect their property, is a highly relevant issue from labour law perspective. Employee monitoring often interferes with several rights and freedoms of individuals, especially those related to the right to privacy, the right to the protection of personal data and the right to the privacy of correspondence and telecommunications. However, the legal environment in which monitoring employees as well as recording their (personal) data is conducted varies depending on the monitoring method used. It is essential to distinguish between the various forms of monitoring that are governed by different labour law provisions in order to prevent an unlawful invasion of an employee’s privacy, and to avoid the imposition of sanctions by supervisory authorities or through judicial proceedings. Given the broad nature of the issue of employee monitoring, its private legal aspects will be discussed here mainly from the perspective of labour law.
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In this article, some questions about the use of three-dimensional printingaccording to patent law in Bulgaria, are presented. In particular, is it possible patenting a product, printed on a 3D printer and whether a third person performs a patent infringement if used it without permission/licensee of the patentee. Currently, patent law has not yet responded entirely satisfying the 3D printing demands, which leads to a misunderstanding of this new technology and limits its use.
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This paper points out the most important international and internal acts which refer to prisoners’ rights in the context of the principle of humanity. The first part describes the Polish situation with regards to constitutional principles of human dignity and freedom from unfair treatment. The second part focuses on international standards, and is divided into two groups: UN standards and European standards. This leads to the conclusions contained in the third section about respecting these articles in contemporary Polish penitentiary law and prisons.
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The paper discusses the role of anthropology in the protection of intangible heritage, which significantly pre-dates the bureaucratic concept defined by UNESCO’s 2003 Convention, and takes a look at the various dilemmas arising from the Convention’s practical implementation. It looks at social practices that cannot be protected because they clash with the concept of human rights protection, or with contemporary positive legislation; at the exoticization of practices that are in reality still alive, but are represented as though they were not; at the relationship between the global and the local, with the aim of highlighting the various kinds of ambivalence within the concept itself, which the implementers of the Convention are usually unaware of.
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The aim of this article is to present the European Committee of Social Rights as a monitoring treaty body in the system of the European Social Charter. The author pays particular attention to the mechanism of collective complaints, which was introduced to the Charter’s supervisory system on the basis of the 1995 Additional Protocol. In the author’s opinion, on the basis of the competence of the European Committee of Social Rights to hear collective complaints, it is arguable that this important treaty body in the system of the European Social Charter performs the function of a quasi-judicial organ in the monitoring process, which distinguishes it from other treaty bodies in the field of the international protection of human rights.
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It can be appreciated without neither reservation the fact that the human being's existence cannot be possible without the observance of his fundamental rights both by the state and by the other people, and the armed conflicts or the conflagrations of any kind could be possible if the human being's rights and his fundamental freedoms were totally observed.In this context, the European Union included in the document which will constitute its fundamental law, the Treaty establishing a Constitution for the Europe, the Charter of the rights and of the fundamental freedoms, and the member states which are from the European Union between which soon Romania also assumed the compulsoriness to assure the rights and the fundamental freedoms to their citizens.
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Discuter des droits de l'homme dans le contexte spécifique de l'idéologie islamique signifie, premierement, donner au terme un sens assez different de celui qu'on emploie habituellement. L'article analyse le problème tel qu'il est reflété par le livre sacre du monde islamique, le Coran. Les droits de l'hommes sont liés à la conception musulmane sur la condition humaine.
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The paper analyzes the legislative changes affecting the prison system from the communist regime epoch onwards. Even though prisons have come a long way and inmates are not being tortured in modern prisons and they can still complete their studies and have spare time, prison is far from being a vacation as some would think. Overcrowding, inertia, violence and the high risk of contacting a contagious disease such as AIDS or tuberculosis are the realities that define the prison system nowadays. Inmates are forced to quit their jobs and basically cut off family ties – instead of leading a productive life, non-violent individuals are just “doing time”, a punishment which proved to have little, if any effect on crime rates; in turn, citizens are the ones who pay taxes and support the massive investments needed for the ever expending prison system.
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Loubna Meliane has 38 years, she was in sixth position on the departmental list of the union of the left in regional elections in December 2015 and she is elected to her first term. This is following a path marked by her action in favor of women’s rights. The activist pupil has been the Vice-president of SOS Racisme and has campaigned since 2003 alongside the socialist Fadela Amara (the future Secretary of State Policy of the City of the second government of Francois Fillon) for a better France, for a more generous country and for the freedom of women. If Loubna Meliane is a French political activist, she is also a writer of Moroccan origin, born in France from Moroccan immigrant parents in Dijon in the 70. Between two cultures, the young Loubna feels soon differences separate the two worlds. Loubna Meliane is the Voice of resistance and engagement to group dimension, she is the representative of a generation explicitly mingled with politics, and she campaigned to advance.
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»International protection of minorities«, »international legal protection of minorities«, or just »protection of minorities«, these are terms that evoke different feelings: nostalgic reminiscences and memories of horror, hope and apprehension; it is both an object of desire and of condemnation. Both the states and the minorities adopt different attitudes towards the idea of international protection of minorities. This should not be surprising because, besides the states with numerous minorities there are states without any significant minority; among the former there are states in which minorities enjoy all the facilities required for the preservation of their specificities, and there are states w here the majority tends to assimilate the minorities; there are states on whom international obligations were imposed with respect to minorities on their territory, and there are also minorities whose position has not been regulated either by international or by national legislation; there are states who have suffered from the destructive activity of minorities, but there are even m ore minorities who suffered from the majority...
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Between 2012 and 2018, the University of Medicine and Pharmacy from Tîrgu Mureº, in partnership with American, Hungarian and Romanian scientists from dozens of institutions, has launched a research entitled Building Capacity for Tobacco Research in Romania, composed of seven complementary research studies. One of these studies was the Tobacco-free Medical University project, which resulted in the introduction of the tabaccology course in the curricula of students. This project and other two studies were presented in November 2016 in the Romanian Parliament with the report entitled The Economics of Tobacco and Tobacco Taxation in Romania. We are member of 2035 – The First Tobacco-free Generation movement being invited to the Global Forum on Human Rights and Tobacco-free World (Bucharest, Cotroceni Palace, 26th March 2019).
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Considerations undertaken in this article relate to requests to hold a referendum on abortion, which were submitted in the years 1989-2018. In the period covered by the research, the eligible entities submitted 7 initiatives, which in whole or in part concerned the postulate of conducting a nationwide referendum in the analyzed subject matter. Thus, regulation of legal principles for protection of a conceived child was an important point in the public debate and aroused great public interest. Importantly, the citizens themselves attempted to initiate a nationwide referendum. In this context, the question arises as to why, despite so many applications, the representatives have not decided to apply direct democracy procedures to the issue of admissibility of pregnancy termination? An attempt to refer to such a research problem was the goal of this research. The obtained research results indicate a signifi cant discrepancy between parties of the political dispute regarding permissibility of the referendum on abortion. Supporters of such a solution argue that this is the best way to resolve a public issue because of the direct involvement of the sovereign. In turn, opponents of the referendum indicate that the right to life is a natural human right and lasts from the conception to the natural death. Therefore, there is no way to limit it through a referendum.
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The article begins by explaining the historical conditions for the emergence of a universalizing approach to the ethical and legal realities of humankind. In the present age of globalization, the international deployment and state legitimation of such an approach approximates a worldwide scale. Human rights constitute one particular area of such an ethical and legal universalization. To both explain and exemplify how the universalization of human rights evolves in the modern world, the article discusses UN documents on the abolition of slavery, slave trade, and institutions and practices similar to slavery. The article ends by paying special attention to the underlying suppositions of the UN documents under question. These suppositions must be taken into account for a balanced interpretation of such documents.
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The present work discusses the problems associated with the limiting of the rights of a temporarily arrested person in the light of the regulation of the minister of justice issued on 22 December 2016. In the statutory act of law, i.e. the provision Art. 217 c § 2 kkw, the legislator regulated the substantive limitations associated with the use of a phone by the person who was temporarily arrested. However, the solutions contained in the regulation of the minister of justice which was instituted, and more specifically § 25 of this document, introduce substantive limitations. As a consequence, a situation is brought about in which the rights of an individual are limited in a lower-order legal act, which infringes the constitutional values of a state of law. Moreover, the article presents an interpretation of the provisions Art. 217 § 2 kkw and § 317 of the regulations of the minister of justice issued on 23 December 2015 – The rules and regulations of the operation of the courts of law and § 190 of the regulations of the minister of justice issued on 7 April 2016 – The rules and regulations of the internal operation of the common organisational units of the public prosecution service.
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European Convention for the Protection of Human Rights and Fundamental Freedoms in Article 6 guarantees the right to a fair trial. This Article confirms the principle of the rule of law on which democratic society lies on, as well as an unavoidable role judiciary has in implementing justice, thus reflecting a common heritage of high contracting parties. It guarantees procedural rights of the parties in the civil proceedings and the rights of accused in the criminal proceedings. European Court of Human Rights has protected the right to access to court in its previous case-law, mostly due to unacceptable legal positions of courts of contracting parties. Even though Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in paragraph 1 guarantees “the right to court”, it does not directly guarantee the right to access to court, the European Court of Human Rights deduced this right considering that achievement of the right to access to court is an assumption of all the other guarantees prescribed under Article 6 paragraph 1 of this Convention. Thus, the right to access to court is indisputable but is not of an absolute nature, since it is in the scope of free assessment of contracting party to the Convention. However, this does not mean that the state has been given full freedom in term of limiting this right. In that context, the Paper analyses legal opinions and case-law of the European Court of Human Rights and the Constitutional Court of Bosnia and Herzegovina in relation to the assumption for access to court.
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According to the General Data Protection Regulation, natural persons should have control of their own personal data and the legal and practical certainty for data subjects should be enhanced. Thus, it should be transparent to natural persons that personal data concerning them are collected, used, consulted or otherwise processed. Since the control over the processing is achieved by exercising the rights conferred by the Regulation (EU) 2016/679, knowing about the existence of the processing is a sine qua non condition for the exercise of these rights by the data subjects and implicitly for the control over their own personal data. That’s why this short study aims to examine to what extent the right to be informed about the existence of the processing operations contributes to ensure the effectiveness of the control exercised by the data subjects on the processing.
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The Ottoman administration of minorities which was sometime called “the millet system” had successfully been applied towards the non-Muslim subjects of the Empire for centuries before it became unsatisfactory to the non-Muslims in modern times. Growing insufficiency in the “millet system” was mainly caused by developing western civilization and big state interests. While the growing western civilization increasingly valued freedom in the line of human rights, equality before the law, individualism, liberty, and nationalism, the great state interests worked relentlessly to make good use of problems of weak states in their own political and economic benefits. Both of these inspired and helped minorities to revolt against the mother country. Being aware of the situation, the Ottomans, in order to gain loyalty of the minorities, reformed and introduced new political changes including degrees of the Tanzimat and Islahat and the first Ottoman constitution, Kanun-u Esasi. However, historical perceptions and motivations of the minorities and weak results of Ottoman reforms failed to stop disintegration of the Balkans. First autonomies granted to the minorities were enlarged in time, and finally turned to full independences with the help of the Big Powers. For the newly created states gaining freedom was not enough. They wanted more lands and more spaces either against each other or usually against the Ottoman Empire. This paper will focus on the Ottoman way in ruling minorities, disintegration process and causes of minority uprisings in the Balkans. Relations of minorities to the Ottoman State, Big State politics in the region and handicaps of the Ottoman rule in the Balkans will be discussed.
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Radical changes in the domestic legal life have a large impact on the understanding of law, legality, nomocracy, law-making and law-enforcement activities, legal culture, human and civil rights and freedoms. That is why the most expedient is the study of professional legal consciousness, taking into account the essence of the phenomenon of “legal consciousness”, which is studied through the prism of the basic provisions of the psychological, sociological and communicative theory of law. Such an approach creates the preconditions for research and professional justice of the lawyer, the essence and features of which are specified in the content of legal psychology and legal ideology, in the system of legal knowledge, representations, values orientations inherent to lawyers.The professional legal consciousness of a lawyer determines the role of law-making and law-enforcement activity and acts as an important guarantee of the rights and freedoms of man and citizen, ensures the perfection of the form and content of sources of law.The system analysis of the professional activity of the lawyer proves that this activity is a multilevel hierarchical entity in which legal consciousness is a component of the higher, socio-psychological level of the organization of the behavior of the individual. In constant interaction with other levels of personality development as a holistic functional system, the expert’s legal consciousness acts as a psychological mechanism of motivation and self-regulation of professional activity. The analysis of objective factors of lawyer’s development allows the lawyer to identify the main determinants of this process as a system of social phenomena such as the socio-economic structure of society, the level and categorical structure of social justice, norms of morality and law, the system of general and vocational education. The most important subjective-psychological factors of the development of professional justice of a lawyer is a system of assimilated legal concepts-categories and principles on which the psychological structure of his professional law-enforcement activity is based.The leading role in the state of the legal profession of lawyers has a scientific, theoretical, professional legal knowledge, including knowledge of domestic and European jurisprudence.
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