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A rendszerellenes pártok előretörése és a magyar szavazók távolmaradása
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:Palestine issue has been confined today to the limited understanding of nationalism. All the solution proposals made within the insight of nationalism have proved to be unsuccessful. Additionally, those solution proposals were unlikely to offer a just and fair solution to the Palestine issue. Today the struggle for the Palestinian state has begun to transform into a struggle for equal rights between Jordan and the Mediterranean. Within this context, based on Kant‟s “perpetual peace” concept, and engaging with cosmopolitan vision, this study seeks to pose whether a just and fair solution to the Israeli-Palestinian conflict passes through the creation of a single state in Palestine. The case for one–state solution is a normative one and it is a question of morality. The author acknowledges the dark spots of this option; however intends to lay bare new and open discussions concerning the resolution of the Israeli-Palestinian conflict.
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Muratović, Rasim, Holokaust nad Jevrejima i genocid nad Bošnjacima (Holokaust Żydów i ludobójstwo Boszniaków), Institut za istraživanje zločina protiv čovječnosti i međunarodnog prava, Univerzitet u Sarajevu, drugo izdanje (Instytut Badań Zbrodni przeciwko Ludzkości i Prawu Międzynarodowemu, Uniwersytet w Sarajewie, wydanie drugie), Sarajewo 2012, 277 s. Zbrodnia ludobójstwa oraz inne zbrodnie przeciwko ludzkości zdefiniowane przez prawo międzynarodowe stanowią część historii od najdawniejszych czasów, przy czym w najnowszej historii najgłębiej zapisało się w zbiorowej pamięci okrucieństwo II wojny światowej, podczas której w akcie ludobójstwa życie straciły miliony ludzi, co, po zakończeniu konfliktu, skłoniło państwa zwycięskie do utworzenia Organizacji Narodów Zjednoczonych (ONZ), której celem stało się utrzymanie pokoju i bezpieczeństwa na świecie, szerzenie tolerancji oraz promowanie poszanowania praw człowieka i wolności zagwarantowanych w Powszechnej Deklaracji Praw Człowieka.
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In recent years, armed conflicts have changed in nature (civil war, ‘terrorism’) and the means used are increasingly technological (robotisation, cyberwar). Faced with these developments, some would claim International Humanitarian Law (IHL) is outdated. While these technological innovations present new challenges in the application of IHL, it still constitutes a relevant legal framework for armed conflicts and the conduct of hostilities. Indeed, the flexibility of IHL allows it to adapt to contemporary conflicts. Therefore, this shows that the statements about its obsolescence are primarily political in nature.
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The article presents the current regulations, circumstances, practices and policies with regard to integration of citizens of third countries who have been granted asylum in Bulgaria. First it presents the newly adopted National integration strategy 2014-2020. Then it explores several aspects of social inclusion – identity, accommodation, social benefits, work and education. Finally, it focuses on the implications for the region of Haskovo.
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This article deals with the movement known as “Patriotic Europeans against the Islamisation of the Occident,” or Pegida, focusing primarily on the nativist dimension which often takes centre stage in its ideological discourse. Pegida describes itself as a defender of Western Civilization and of its Christian legacy from what it sees as the perils of Islamisation on the one hand, and of globalist political elites on the other. In the context of the political changes and rise of alternative visions of civil society, particularly in Central and Eastern Europe, Pegida should arguably be seen as a representative of a growing European nativist wave. Lastly, the article looks at the “Prague Declaration,” a document which was signed in 2016 by Pegida and a number of allied movements from outside of Germany.
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This article traces and analyses the narrative of the “veil debate” in France and Turkey as constructed by two Greek newspapers: the liberal Kathimerini and the leftist Avgi. It aims, firstly, to bring out the interconnection between the political ideological orientation of each of these newspapers and the narrative that they adopt, and secondly, to shed light on how the peculiarities of the socio-political context intersect with the narrator’s interests and preferences in the process of building the framework for public discussion in Greece. It concludes that the Greek narration of the “veil debate” in France and Turkey runs along normative lines (irrespective of the newspaper’s ideological affiliation), challenges the validity of Westphalian values, reflects the interdependence between socio-political contexts, and takes into consideration the supranational discourse of Greek foreign policy.
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The influence of religion on the freedom of conscience cannot be defined in simple terms. Religion is often conceived as limiting the freedom of conscience. However, from the perspective of the philosophy of religion it is necessary to underline the significance of the adoption of democracy as a principle of government. The limitation of the freedom of conscience by religion could be explained, on an anthropological level, by the identity function realized by religion. Nevertheless, religion can exist without being accepted by all. Beyond the evidence of a possible coexistence of religion and political pluralism, religion inherently implies the recognition of the freedom of conscience. The respect for the freedom of conscience results from the human condition itself. Religion makes it possible to transcend one’s cultural identity. In return, the freedom of conscience is based on a faith in the equal value of the conscience of every human being. The latter is recognized not only as the means but also as one of the purposes of political power. Religion and the freedom of conscience seem to derive from common foundations. The legal recognition of the freedom of conscience has a concomitant impact on religion by the regulation of its exercise.
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The issue of protection of personal data in religious communities will be subject of a significant change due to (EU) Regulation No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. The new EU regulation introduces an important mechanism that forces churches to develop an internal data protection law and an independent supervisory authority. In practice this means strengthening the constitutional right to privacy in the largest churches based on their internal institutions, but also involves a risk of subjecting many smaller religious communities to public scrutiny. Many doubts regarding Article 91 presented by Polish commentators specializing in the protection of personal data show how important this issue and the preparation of changes are for religious communities.
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The analysis of contemporary constitutions indicates that the number of religious states is slowly decreasing. However, we are confronted with the opposite tendencies. The model of the religious state is characteristic primarily of Muslim countries of the Near and Middle East and of a number of Southeast Asian countries. In the last decades, the number of Christian states and secular ideological states has declined significantly. There is a stable group of states with Buddhism as a privileged religion. The religious constitutional norms of confessional states are generally characterized by a high degree of generality. Detailed provisions are rare. Denominational clauses are included primarily among the supreme principles of the constitution. Underlying the religious character of the state is the rejection of the neutrality of the worldview. It is not possible, on the basis of the constitution alone, to reconstruct a detailed, universal model of the religious state. In the light of fundamental laws, the most common characteristics of religious states are: the negation of the neutrality of the state in worldviews, the acceptance of a particular religion as the official religion, the rejection of the equality of religious associations, the requirement of a state religion or belief towards the head of the state, the state support for a given confession. The constitutions of the majority of religious states formally provide for religious freedom. In the fundamental laws of some Muslim states, the formal guarantees for this freedom are, however, absent. The organizational unity of the state and religious apparatus is not characteristic of the sphere of Western political culture. The socio-political reality of contemporary religious states indicates that this model of statehood can not be a priori regarded as contrary to the principles of democracy and human rights.
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The Austrian Supreme Court, in a similar way to the Polish Supreme Court, states that canon law rules governing church property are relevant in the field of acts of legal entities of the Catholic Church. Hence, the views and arguments presented in its judgements in cases concerning the management of ecclesiastical property are also important for Polish legal practice. Between 1959 and 2013 a number of judgements were issued. There were a variety of cases, starting from the sale of the immovable property, through leasing it, and ending with the sale of fishery rights and contract of employment. In relation to those events a number of relevant legal views were stated by the Austrian Supreme Court. It considered the meaning of the term “alienation” (in the strict and broad sense), the obligation of a judge to examine canon law requirements for managing ecclesiastical property, the relevance of the particular canon law, the possibility of giving consent required by canon law per facta concludentia and scope of proxy authorization to manage church property. The question of treating the lease as an alienation in terms of the Code of Canon Law has also been raised. The case-law deals with many problems associated with the application of canon law in practice and provides a number of arguments to the parties in possible court proceedings.
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The aim of this article is to present an analysis of the EU Court of Justice’s rulings of March 17th 2017, in the Samira Achbita vs. G4S Secure Solutions case (C–157/15) and the Asma Bougnaoui vs. Micropole case (C–188/15), in the context of the exercise of the freedom of thought, conscience and religion in situations involving contact with other entities. The problem of wearing a headscarf is presented with reference to the client’s freedom of belief and the company’s policy of religious and ideological neutrality. The article provides a critical view of the ruling due to the court’s failing to take into account the specific character of the freedom to express one’s religious beliefs. Special attention was paid to the question of religion, as one of grounds of discrimination being prohibited by Directive 2000/78/EC, as well as to the expression of religious, ideological or philosophical beliefs, and the problem of proselytism in the workplace.
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Tokom protekle tri godine došlo je do određenih unapređenja pravnog okvira za zaštitu ljudskih prava i osiguranje ravnopravnosti LGBTI osoba. Međutim, istraživanje potreba i problema u LGBTI zajednici u BiH provedeno 2017. godine pokazalo je da su govor mržnje, diskriminacija i nasilje nad LGBTI zajednicom i dalje široko prisutni u bh. društvu. LGBTI osobe često nisu u mogućnosti voditi uobičajen život niti realizirati neke od osnovnih životnih i društveno-kulturnih potreba (npr. biti otvoreni o svom ljubavnom odnosu, izražavati svoj rod i sl.), dok strah od nasilja, diskriminacije i/ili odbačenosti nerijetko rezultira i ekstremnijim oblicima samoizolacije, izbjegavanja određenih kulturnih i društvenih aktivnosti, izražavanja svjetonazora i sl. Praćenjem diskriminacije i nasilja transrodne osobe su se izdvojile kao posebno ranjiva grupa tokom 2017. godine, te je čak i medijsko izvještavanje, inače neutralno, bilo senzacionalističko i usmjereno samo na proces prilagodbe spola, umjesto na transfobno okruženje i posljedice života u takvom okruženju za transrodne osobe u BiH. Negativan trend rasta broja slučajeva nasilja u porodici i međuvršnjačkog nasilja na osnovu SORISK-a nastavio se i u 2017. godini, a i dalje izostaje konkretan institucionalni plan za suzbijanje međuvršnjačkog nasilja i razvijanje inkluzivne i tolerantne obrazovne sredine, koja bi uključivala i LGBTI perspektivu. Najviše zabrinjava trend ograničavanja slobode okupljanja LGBTI osoba raznim administrativnim preprekama na lokalnom i kantonalnom nivou, koji bi, ukoliko se dugoročno nastavi, mogao ozbiljno narušiti i suziti prostor za rad organizacija civilnog društva koje se bave zaštitom prava LGBTI osoba, te LGBTI aktivista_kinja. Svi evidentirani trendovi rasta nasilja i diskriminacije, te ograničavanja sloboda i prava LGBTI osoba praćeni su, nažalost, sporadičnim djelovanjem većine institucija nadležnih za zaštitu i promociju ljudskih prava, uključujući i prava LGBTI osoba. To je prostor koji pogoduje stvaranju klime u kojoj je navodna sigurnost, koju cijene razni društveni akteri koji ne bi trebali, niti smiju odlučivati o pravima i slobodama, bitnija od zaštite prava i sloboda, te jednakog tretmana LGBTI osoba. Nedostatak sistematičnog, brzog i adekvatnog odgovora institucija može dalje narušiti već nizak stepen povjerenja LGBTI osoba u institucije, pogotovo one koje se nalaze na prvoj liniji odbrane od kršenja ljudskih prava, a to su policija i pravosuđe, kao i lokalne institucije zadužene za pružanje servisa i LGBTI građanima_kama.
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The legislative framework for protecting the human rights of LGBTI persons and ensuring their equality has improved somewhat in the past three years. However, our research on the needs and problems of the LGBTI community in BiH conducted in 2017 has shown that hate speech, discrimination and violence against the LGBTI community are still a widespread occurrence. LGBTI persons are often unable to lead a normal life or meet basic human, social or cultural needs (e.g. be open about their romantic relationships, express their gender, etc.). The fear of violence, discrimination and/or exclusion frequently results in extreme self-isolation and reluctance to engage in certain cultural or social activities, express one’s views, etc. The results of monitoring discrimination and violence throughout 2017 show that transgender persons are particularly vulnerable. Even media reporting, which is usually neutral, took a sensationalist tone and focused exclusively on the sex-reassignment process, instead of the transphobic environment and its effects on the life of transgender persons in Bosnia and Herzegovina. The negative trend of growing domestic violence and peer violence on the grounds of SOGISC continued in 2017. There is still no concrete, institutional plan to combat peer violence and develop an inclusive, tolerant learning environment that incorporates the LGBTI perspective. Restricting freedom of assembly of LGBTI persons through administrative obstacles on the local and cantonal level is the most alarming trend. If it continues, this trend could seriously jeopardise and limit the work of LGBTI activists and civil society organisations that work on protecting the rights of LGBTI persons. Unfortunately, the growing violence, discrimination and restriction of the rights and freedoms of LGBTI persons elicited only sporadic responses from most institutions in charge of protecting and promoting human rights, including the rights of LGBTI persons. This creates a climate in which alleged security issues, assessed by various social actors who should not and cannot make decisions impacting people’s rights and freedoms, take precedence over protecting the rights and freedoms of LGBTI persons and ensuring equal treatment. The lack of a systematic, quick and adequate response from the authorities may further undermine the faith of LGBTI persons in the institutions, especially those most responsible for protecting human rights: the police and judiciary, as well as local institutions in charge of providing services to LGBTI citizens.
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2015 has not been a year of great progress in terms of LGBTI people’s (lesbian, gay, bisexual, transgender and intersex) human rights, compared to 2014: the number of cases of discrimination and violence on the grounds of sexual orientation documented by the Sarajevo Open Centre has not gone down – it has actually gone up. The number of LGBTI individuals who contacted Sarajevo Open Centre looking for help in seeking asylum, changing the gender category in official documents and looking for adequate psychological support (which is particularly important for trans* individuals who are going through transition – gender-reassignment), or because they need documentation to be able to enter into marriage/same-sex partnership in states which recognize this, has also gone up, which implies that there have been no structural changes that have significantly improved the quality of life of LGBTI individuals and their inclusion in the BiH society. The media reporting in 2015 shows insufficient progress – mostly in the form of an increase in the number of articles that present LGBTI people and topics neutrally. A particularly worrying trend is inadequate processing of the attacks on LGBTI individuals, mostly in cases where they exercise their right to public assembly: the case of Merlinka in 2014 and the attack on the visitors of the Art Kriterion Cinema. While the police and the legal system have made barely any progress in their protection of LGBTI people’s rights, despite a three-years long cooperation with the Sarajevo Open Centre, spring of 2015 has indicated a new approach by the legislative and executive branch at state and entity levels; a shift towards working on improving the legal and policy frameworks for protection of LGBTI people’s rights. In May 2015 the State Parliament held the first special session on the state of LGBTI people’s human rights in BiH, and formed three concise conclusions. However, the initial enthusiasm experienced by the LGBTI activists deflated, because almost a year later the conclusions have yet to be implemented and achieved. This act, nevertheless, opened the door for further cooperation between the Civil Society representatives who work on LGBTI people’s rights and the Parliamentary Committees for Human Rights and Gender Equality. In December 2015, authorities made another pioneering move: the Government of Republika Srpska passed their Annual Plan for Implementation of the Gender Action Plan (GAP) for 2016, which also contains specific measures for protection of LGBTI people’s rights. The government of FBiH followed soon after in March of 2016. This is the first time that the governments in Bosnia and Herzegovina are including LGBTI people’s rights in their action plans. It remains to be seen how these measures will be implemented, but our hopes are high, especially because of the evolving partnership between the Sarajevo Open Centre and the institutional mechanisms for gender equality. In December 2015 the Council of Ministers BiH confirmed the draft proposal of the Law on Changes and Amendments of the Law on Prohibition of Discrimination, which includes amendments submitted by the Sarajevo Open Centre that would ensure better protection from discrimination for all LGBTI individuals. The Law should enter legislative procedure in 2016.
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The years 2016 and 2017 brought about significant changes in the context of the number of violations of LGBTI human rights documented by Sarajevo Open Centre. The number of cases of discrimination and violence on the ground of sexual orientation documented by Sarajevo Open Centre did not decrease, neither did the number of LGBTI persons who contacted Sarajevo Open Centre in search of assistance in asylum seeking, changing the sex marker in documents, adequate psychological support or help in obtaining documents required for marriage/same-sex partnership in countries which allow it. Of particular concern is the increase of domestic violence and peer violence motivated by sexual orientation or gender identity, and the growing number of open and public instances of homophobic and transphobic views in the academic institutions and the academia as a whole. It is clear that, in addition to amendments to laws and public policies, it is necessary for the institutions in BiH to develop specific programmes and measures of action to combat intolerance, xenophobia, violence, and discrimination and to encourage social inclusion of LGBTI people. The improvement of the legal framework in BiH – the amendments to the Anti-Discrimination Law and introduction of sex characteristics as a protected ground, the amendments to the Criminal Code of FBIH and regulation of hate crime – is certainly commendable but these legal novelties should however be introduced into the mandatory training of civil servants, the judiciary and the police. The general public should also be informed about them to contribute to their implementation and the achievement of their purpose. The first step in that regard has already been made in the Gender Action Plan operational plans of entity governments and the Council of Ministers, but this type of action with regard to LGBTI human rights must continue and become more comprehensive. The Special Report on LGBTI Rights in Bosnia and Herzegovina produced by the Institution of Human Rights Ombudsman of BiH is the first of its kind and certainly serves as basis for the change of attitude towards LGBTI human rights in BiH. In its analysis of the situation and recommendations, the report departs from the practice of healing the consequences and takes a proactive approach to the improvement of human rights of LGBTI citizens in BiH with the overall goal to improve the conditions of their everyday life in BiH and to respect their human dignity.
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Dvijehiljadešesnaesta i početak 2017. godine u odnosu na svoje prethodnice ne donose značajne promjene u kontekstu broja slučajeva kršenja ljudskih prava LGBTI osoba koje Sarajevski otvoreni centar dokumentuje. Broj slučajeva diskriminacije i nasilja na osnovu seksualne orijentacije koju je Sarajevski otvoreni centar dokumentovao nije se smanjio, kao ni broj LGBTI osoba koje su kontaktirale Sarajevski otvoreni centar u potrazi za pomoći pri traženju azila, promjeni oznake spola u dokumentima, adekvatnoj psihološkoj podršci ili pri vađenju dokumenata koji su potrebni da bi se sklopio brak/ istospolno partnerstvo u državama u kojima je to moguće. Posebno zabrinjava porast nasilja u porodici i međuvršnjačkog nasilja motivisanog seksualnom orijentacijom ili rodnim identitetom, te sve češće otvoreno i javno izražavanje homofobnih i transfobnih stavova unutar akademskih institucija i akademske zajednice. Jasno je da je pored izmjena zakona i javnih politika, neophodno da institucije u BiH razviju konkretne programe i mjere djelovanja u cilju suzbijanja netolerancije, ksenofobije, nasilja i diskriminacije, a poticanja društvene inkluzije LGBTI osoba. Svakako je za pohvalu unapređenje zakonskog okvira u BiH kroz izmjene i dopune Zakona o zabrani diskriminacije i uvođenje spolnih karakteristika kao zaštićenog osnova, izmjene i dopune Krivičnog zakona FBiH i regulaciju krivičnih djela počinjenih iz mržnje, ali neophodno je ove zakonske novitete uvesti u obaveznu edukaciju državnih službenika_ca, predstavnika_ca pravosuđa i policije, kao i o njima informisati javnost da bi se doprinijelo njihovoj boljoj primjeni i ostvarenju njihove svrhe. Prvi korak u tom smjeru svakako je napravljen kroz operativne planove entitetskih vlada i Vijeća Ministara za provedbu Gender akcionog plana, ali ovakav vid djelovanja mora se nastaviti, te biti sveobuhvatniji kada su u pitanju ljudska prava LGBTI osoba. Specijalni izvještaj o pravima LGBT osoba u Bosni i Hercegovini Institucije ombudsmena za ljudska prava BiH kao prvi izvještaj ove vrste svakako je osnov za promjenu odnosa prema ljudskim pravima LGBTI osoba u BiH. Izvještaj u analizi stanja i svojim preporukama donosi otklon od saniranja posljedica ka principu proaktivnog unapređenja ljudskih prava LGBTI građana_ki u BiH u cilju poboljšanja uslova za njihov svakodnevni život u BiH i poštivanje njihovog ljudskog dostojanstva.
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