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In this paper, the author analyzes family status of the child conceived by artificial reproduction technologies using the following treatments: homologues artificial insemination, heterologus artificial insemination (artificial insemination by donor), ovum donation, embryo donation and surrogate motherhood. One specific situation of homologues artificial insemination is posthumous insemination, insemination after the death of the husband/partner. This procedure is allowed in, for instance, United Kingdom, but not allowed in France, Switzerland, and Italy. Considering genetics elements in this situation there is no doubt on fatherhood – father is a man whose sperm is used for insemination, regardless of the fact if frozen sperm or frozen embryo is used in the procedure. Nevertheless, until 2008 in United Kingdom, the husband/partner was not considered as legal father, because of the fact that the child was born after his death. Heterologous artificial insemination could be used in three different situations. First, when subjects are spouses or unmarried partners of different sexes. Second, when subjects are spouses or unmarried partners of the same sex and the third if a single woman is an only subject. Most recent procedure is the one in which subjects are spouses or unmarried partners of the same sex, specifically two women. This procedure is allowed in the United Kingdom and Sweden. In these legislatures, there is a rule that the woman who delivers the child is legal mother, and her spouse/partner is a second parent of the child. The most recent procedure of egg donation is a donation of only a part of an egg, mitochondrial DNA. In this case, there are in fact three genetic parents of the child: two genetic mothers and a father. Legally, the child has one mother (the woman who delivers a child) and a father. One of potential outcomes of the recent research is the ability to create human embryo without any male genetic contribution – by transferring the nucleus of a somatic cell from one woman into an enucleated egg of another. In that case, the child would not have genetic father at all. Bearing in mind the new artificial reproduction technologies and their influence to legal rules of establishment of the family status of the child, it could be said that the legal principle of the autonomy of the parties is widened in comparison to material truth. People who wish to be parents become legal parents although they are not generic parents. Sometimes they cannot be genetic parents due to their infertility and sometimes because they are of the same sex. As a result of artificial reproduction technologies, a child could have a genetic link with one of the parents, only with a mother – in the heterologous insemination, only a father – as in egg donation and genetic surrogacy. The child could have genetic link with both of the parents – as in the gestational surrogacy, or it could have no genetic links with his/her legal parents – as in embryo donation. According to some European legislatures, it is possible for the child to have a mother and the other female parent, or a father and the other male parent. Surrogate mother, as well as donors of the genetic material, are not considered as parents. Radical change in social and individual perception of parenthood could accept the fact the child could have more than two parents with different roles (biological - genetic parents, gestational mother, social – legal parents).
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The article analyzes the reasons why the Swedish community in Finland proved to be more successful, relative to the Samis, in implementing their political, social and economic aspirations. Parallel to the relevant scientific literature, the study is partly based on a fourmonth long research visit to Finland, conducted in 2015, April to July. The analysis found that the success of Swedish-speaking Finns is, to a large extent, the result of the peculiar historical development of the Finnish nation and the role of the Swedish speaking community in that process. Other relevant factors that contributed to Swedish success included better lobbying, a larger number of Swedes compared to Samis, as well as better representation in domestic and international institutions.
More...Az EU közszolgálati törvényszékének ítélete a román bővítéssel összefüggésben szervezett versenyvizottságról
The present article gives a critical account of the European General Court's judgment in the B.A. vs. Commission case. B.A., a Hungarian and Romanian dual citizen sought the annulment of the decision of European Personnel Selection Office (EPSO) which denied her the right to sit for the competition in her native language, Hungarian and refused to admit her to the oral test after she failed the test in Romanian. B.A. claimed that she had been afforded unequal treatment, since the fact that she was precluded from writing the test in Hungarian “placed her, on an objective view, at a disadvantage compared with her fellow citizens who had received their school and university education in Romanian.” The case and the arguments put forward by the parties provide a clear insight into the ambiguities surrounding the EU language regime as well as the difficulties faced by minorities whose mother tongue is both an official language of the EU and a minority language with no official recognition in the Member State in which it is spoken.
More...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.
More...Challenges and Tensions
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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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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