scholarly journals Jindřich Wankel a vídeňská c. k. Centrální komise pro výzkum a zachování uměleckých a historických památek

2021 ◽  
Author(s):  
Miloš Hlava
Keyword(s):  
Legal Framework ◽  
Archaeological Heritage ◽  
Central Commission ◽  
The Individual

Jindřich Wankel’s collaboration with the k. k. Central-Commission zur Erforschung und Erhaltung der Kunst- und historischen Denkmale is not a widely known area of the scholar’s activities. And yet, in doing so he significantly contributed to the protection of archaeological heritage in Moravia: first as the commission’s correspondent (1883/1884–1885) and later as a conservator (1885–1893). His position enabled him to act in favour of the Olomouc Patriotic Museum Association and the Museum run by them. His activities were hindered by the legal framework of the time. Archaeological finds and sites were considered the property of the landowner and access to such required negotiations with the landowner and calling on their goodwill. This is clearly illustrated by the individual cases in which Wankel was involved.

scholarly journals THE SOLVING OF PREVENTION AND OPPOSITION PROBLEM OF GENDER-BASED VIOLENCE IN UKRAINE IN THE CONTEXT OF SOCIAL WORK

2021 ◽  
pp. 12-24
Author(s):  
Olha Hurenko ◽  
Nataliia Matseiko
Keyword(s):  
Social Work ◽  
Violence Prevention ◽  
Armed Conflict ◽  
Gender Role Attitudes ◽  
Legal Framework ◽  
Gender Based Violence ◽  
Gender Based ◽  
The Individual ◽  
Gender System ◽  
Egalitarian Attitudes

The concept of «gender-based violence» essence, which recognized as an extreme manifestation of the individual rights and freedoms violation and as reproduction mechanism of society gender system, which based on uneven powerful relationships between women and men in the society and characterized by the egalitarian attitudes absence has been revealed in the article. Manifestation features of the phenomena and their varieties have been outlined. The fundamental difference between the concepts «gender-based violence», «domestic violence» has been defined. The Ukraine state social politics of gender-based violence prevention and opposition based on international and national legal framework has been analyzed. The current information about trends of this negative phenomenon spread within the country, including considering the consequences of the armed conflict in Eastern Ukraine has been listed.  Problems and prospects of the struggle with gender-based violence in Ukraine in the context of social work have been defined. And priority among which are improvement of reaction measures at the stages of violence facts detection and further support to the victim or the offender; setting-up systematic correctional work with perpetrators of violence or with perpetrators belonging to a risk group for its commission, the interdepartmental interaction of subjects of prevention and opposition this phenomenon; activating the system of preventive influences to the younger generation's consciousness and society in general to the direction of tolerance, mutual respect, opposit to gender role attitudes and stereotypes.

scholarly journals 60 Opening the Narrative on Deprivation of Liberty for the Older Person in Residential Healthcare Facilities: A Legal and Ethical Dilemma

2019 ◽  
Vol 48 (Supplement_3) ◽  
pp. iii17-iii65
Author(s):  
Florence Hogan ◽  
Adrian Ahern
Keyword(s):  
Human Rights ◽  
Residential Care ◽  
Healthcare Providers ◽  
Community Support ◽  
Healthcare Facility ◽  
Moral Dilemmas ◽  
Legal Framework ◽  
Best Interest ◽  
Healthcare Facilities ◽  
The Individual

Abstract Background While many people enter residential care of their own free will and because it is their preference, the evidence tells us that there are also many who if they had the choice would remain in their own homes. Lack of appropriate community supports may provide some impetus to enter residential care. According to Care Alliance Ireland, an additional four million hours of homecare needs to be provided to cope with the successful ageing demographics, at a cost of €110 million. There is no statutory or common-law power to detain a patient in a Healthcare Facility outside of the application of the Mental Health Act 2001. This presents legal, ethical and moral dilemmas for Healthcare Providers when caring for a person who lacks capacity wishes to self - discharge. A duty of care obligates healthcare professionals to act in the best interest of the individual. Under the Health Act 2007 the requirement is to provide for a ‘safe discharge’. Pending advancement of the Assisted Decision Making (Capacity) Act 2015 which provides a statutory framework to assist and support individuals to make legally-binding agreements about their welfare, their property and affairs we are currently acting under the Lunacy Regulations (1871). Methods We developed a ‘Deprivation of Liberty’ form which enable comprehensive Interdisciplinary Team discussion and direction of care. Presumption of capacity, respect for the resident’s wishes and consideration of all possible supportive actions up to and including sourcing community support services were considered. Results This format has enabled comprehensive discussion and robust adherence to human rights for three residents thus far Conclusion The situation remains that there is no legal framework to guide healthcare providers currently. Using a Human Rights based approach is imperative to guide us while awaiting advancement of the ADMA (2015) and Deprivation of Liberty legislation to be included in this act.

RFID Technology and its Impact on Privacy

2009 ◽  
pp. 89-107 ◽  
Author(s):  
Tatiana-Eleni Sinodinou
Keyword(s):  
Data Processing ◽  
Personal Information ◽  
Personal Data ◽  
Legal Framework ◽  
Special Focus ◽  
Information Transparency ◽  
Rfid Tag ◽  
Rfid System ◽  
The Individual ◽  
The Right

The present chapter explores privacy issues posed by the use of RFID systems and applications. The existing legal framework for data protection is analyzed in order to discover how general privacy safeguarding principles should be applied in the case of RFIDs, with special focus on the main areas which are going to experience widespread use of such applications. The structure of the chapter is based on a chronological order which follows the consecutive phases of contact and interaction between the individual and the RFID tag. The implementation of a tag to a product or in the human body establishes the first point of contact of the individual with the RFID tag. This stage of data processing is examined in the first part of the chapter. In more particular, this part deals with the application of general principles of fair processing, such as information transparency, the debate about the necessity to require the prior consent of the individual (possible opt-in and opt-out solutions) and the precondition of a clearly defined purpose of the data processing. The symbiosis of the person with the tag is examined in the second part. Indeed, privacy concerns are equally significant during the phase of processing of personal information, even if processing is conducted lawfully, either based on the legal ground of the individual’s consent or justified on another legal basis. The requirement of data quality and the obligation to secure the RFID system against unauthorized interceptions or alterations of data by third parties constitute essential guarantees of fair data processing. Privacy protection in the activation phase of the tag is also ensured by the obligation to inform the tagged individual every time a reading takes place and by the right to verify the accuracy of the tag data, whether stored from the beginning or added at a later date. Finally, the last part of the chapter examines the legal regime of separation between the person and the tag. This phase refers to the termination of the processing either by act of the data subject or by act of the RFID system controller. The focus is given to the exercise of the right to object to the processing of personal data through RFID devices. In this context practical solutions, such as the “tag kill” or “tag sleep” command should be taken into consideration in order to the make the exercise of the right to object feasible.

Intellectual Property Rights and Biodiversity Management: The Case of India

2004 ◽  
Vol 4 (1) ◽  
pp. 97-114 ◽  
Author(s):  
Philippe Cullet ◽  
Jawahar Raja
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Framework ◽  
International Treaties ◽  
Human Right ◽  
Individual Level ◽  
Biological Resources ◽  
The Individual ◽  
Biodiversity Convention

This article analyzes the impacts of the international legal framework for the promotion of intellectual property rights on India's legal regime concerning the control over biological resources and inventions derived from biological resources. It focuses in particular on the newly adopted Biodiversity Act and Plant Variety Act as well as on amendments to the Patents Act and their organic relationship within the overall domestic legal framework. It analyzes these enactments in the context of the move towards the control of biological resources and derived products through property rights fostered by existing international treaties, in particular the TRIPS agreement and the biodiversity convention. This has impacts not only for control over biological resources and derived products but also more generally on the management of agriculture in India and other developing countries and the realization of food security and the human right to food at the individual level.

scholarly journals Wearable Technologies and Smart Clothes in the Fashion Business: Some Issues Concerning Cybersecurity and Data Protection

Laws ◽  
2020 ◽  
Vol 9 (2) ◽  
pp. 12
Author(s):  
Giovanni Ziccardi
Keyword(s):  
Data Protection ◽  
Legal Framework ◽  
Wearable Devices ◽  
Point Of View ◽  
Fundamental Rights ◽  
Management Policy ◽  
Digital Society ◽  
General Data Protection Regulation ◽  
Need To Evaluate ◽  
The Individual

Wearable devices and smart clothes give rise to pivotal technological and legal issues in the fashion business. The cybersecurity attention in the digital society, and the advent of General Data Protection Regulation No. 2016/679 (GDPR) in the European, and global, legal framework, implied the need to evaluate which norms and aspects of the European Regulation could apply to wearable devices, which are becoming more and more invasive. Wearable devices are, first of all (and from a data protection point of view), intrusive tools that can put users’ personal (and intimate) data at risk. In particular, we will discuss the aspects of the spread of an accountability “culture” (also) in the fashion business, the need for correct management policy of data breaches, the rights of transparency for users/customers who are using wearable devices and smart clothes, and respect for the dignity and nondiscrimination of the individual during the data collection and processing. These are, all, fundamental points: the protection of the individual’s data in the digital landscape is, in fact, strictly connected to the protection of his/her fundamental rights in the modern digital society.

Jurisdiktionskonflikte im Rahmen transnationaler Kriminalität

2019 ◽  
Author(s):  
Nathalie Isabelle Thorhauer
Keyword(s):  
Criminal Law ◽  
Legal Framework ◽  
Frankfurt Am Main ◽  
Ne Bis In Idem ◽  
Current Reform ◽  
Legal Position ◽  
Liberal Approach ◽  
The Individual ◽  
Conflicts Of Jurisdiction ◽  
The Eu

The thesis examines states’ prosecutorial powers in regard to cross-border criminal acts of natural persons and companies, as well as the problems of conflicts of jurisdiction resulting from the parallel applicability of the criminal law of multiple states. It focuses on the individual legal position of the accused and norm addressee, who, in a globalised economy and society, needs to be able to distinguish right from wrong. The ne bis in idem and other mechanisms fail in an “Area of Freedom, Security and Justice” where certain normative standards require overcoming the lack of foreseeability of the applicable substantive and procedural criminal law and to eliminate leeway for arbitrary considerations of the executive (forum shopping). The work meets this demand with a transparent legal framework for the coordination of prosecutorial powers within the EU that takes a liberal approach and is based on fundamental principles of the rule of law. It deals with basic issues of the transnational scope of corporate criminal law, which should be considered in the current reform discourse. The author is a lawyer specialising in white-collar criminal law in Frankfurt am Main.

scholarly journals Protection of privacy in Malaysia: A law for the future

2021 ◽  
Author(s):  
◽  
Zuryati Mohamed Yusoff
Keyword(s):  
Private Information ◽  
Freedom Of Expression ◽  
Legal Framework ◽  
The Right To Privacy ◽  
Privacy Law ◽  
Privacy Act ◽  
Federal Constitution ◽  
The Law ◽  
The Individual ◽  
The Right

<p>In Malaysia, the rights and liberties of the individual are recognised in the Federal Constitution of Malaysia. However, the right to privacy does not have the express constitutional recognition enjoyed by other rights such as the right to life and liberty and freedom of expression. This thesis identifies gaps in the protection of privacy interests in the current legal framework. There is no self-standing law on privacy in Malaysia, though there are several laws which provide limited rights to privacy such as the laws on data protection and criminal law. The existing laws are inadequate to protect private information and to protect against the intrusion of privacy. The importation of foreign principles through the reception of English Common Law offers only limited protection. Malaysia should, therefore, have a specific law to protect privacy. With a view to attaining that goal for Malaysia, this thesis undertakes a comparative analysis of two different experiences of the development of the law of privacy. They are the privacy law in England, which is largely based on the law of breach of confidence, and the privacy law in New Zealand, which has a distinct privacy tort recognised in its case law. The conclusion is that those countries’ experience can inform developments in Malaysia, and that the best way for Malaysia to develop its law now is by the enactment of a specific Privacy Act.</p>

scholarly journals LEGAL REGULATION OF COMMUNICATION PRIVACY IN THE INFORMATION SOCIETY

2020 ◽  
Vol 24 (4) ◽  
pp. 985-1004
Author(s):  
Anzhelika N. Izotova
Keyword(s):  
Information Society ◽  
Communication Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Necessary Condition ◽  
Research Activity ◽  
The Individual ◽  
The Right ◽  
Dialectical Analysis ◽  
Communication Privacy

The article is devoted to the regulation of communication privacy, which is not only a guarantee of the individual right to confidentiality and privacy, but also a necessary condition for the collective freedom of speech, trust in communication services, which is essential for formation of the information society. The right to communication privacy with the advent of new communication technologies is being transformed and expanded, which requires updating and harmonization of the legal framework. In this regard, the purpose of the research is to reveal problems and contradictions in updating legal regulation of communication privacy, including by analyzing legislation and existent scientific approaches to the content of communication privacy, description of mechanisms for both ensuring and limiting communication privacy, as well as interaction of legal entities regarding communication privacy. The relationship between Russian and European legislation, which regulate communication privacy (ePrivacy) have been considered in this paper. The research methodology is represented by such methods as dialectical, analysis, analogies, formal-legal, comparative methods of research activity. The work demonstrates different approaches to determining the content of the right to communication privacy, expanding the range of professional subjects of communication privacy, and loosening the mechanisms for limiting this right in the direction of its expansion in the context of interrelations between subjects of legal relations concerning communication privacy.

scholarly journals Political-legal framework of international cooperation of the regions of Italy

2020 ◽  
pp. 67-74
Author(s):  
Marina Rakhmanovna Shaidaeva
Keyword(s):  
International Relations ◽  
International Cooperation ◽  
Socioeconomic Development ◽  
Legal Framework ◽  
Division Of Powers ◽  
Foreign Countries ◽  
Italian Regions ◽  
Decentralization Policy ◽  
The Individual ◽  
High Level

&nbsp; The object of this article is the foreign affairs of Italian regions with other countries and their territorial entities. Despite the unitary state structure, Italy is a bright example of &ldquo;regionalistic&rdquo; country, within the framework of which the individual administrative-territorial units receive high level of autonomy in different spheres, including international relations. Therefore, de facto Italy can be regarded as &ldquo;quasi-federation&rdquo;. Analysis is conducted on the historical peculiarities of foreign activity of the Italian regions. The author examines the norms of Italian legislation on the division of powers between the state and the regions, as well as refers to the statutes of separate regions of Italy in the aspect of regulation of international cooperation. The novelty of this research consists in the analysis of legal framework with regards to the activity of Italian regions as the subjects of international cooperation, their legal capacity in the context of the conducted in Italy policy of decentralization policy. The article determines the key prerequisites for the devolution process in Italy, including contradictions between the South and North of the country, rise of popularity of regionalistic political parties and movements in the 1980s &ndash; 1990s, as well as the policy of EU institutions aimed at the establishment of direct contacts between the regions of the European states. The conclusion is made that granting extended autonomy to the Italian regions in sphere of international relations testifies to the erosion of sovereignty towards subnational level, which in turn, allows us resolving the tasks of socioeconomic development of the territories, as well as establishment of cultural and humanitarian connections with foreign countries, including Russia. ,

scholarly journals Prosecutor’s Authority To Participate In Criminal Trial In The Form Of Private Prosecution: Ukrainian Legislation, Court Practice, And International Experience

2019 ◽  
pp. 13-25
Author(s):  
I.V. Basysta
Keyword(s):  
Criminal Responsibility ◽  
Legal Framework ◽  
Criminal Code ◽  
Academic Community ◽  
Criminal Trial ◽  
Public Prosecution ◽  
Criminal Offense ◽  
Public Nature ◽  
Private And Public ◽  
The Individual

This publication is the author’s attempt to present to the academic community the objective problems related to a prosecutor’s participation in a criminal trial in the form of the private prosecution, and possible ways and means to resolve them. In particular, the author offers her own approaches towards application by the prosecutor of their function of supporting public prosecution as an activity of exclusively public nature, which allows for the prosecutor’s participation in a criminal trial in the form of the private prosecution; prosecutor’s involvement being inherent to both forms of public- private and public procedural activities. The article provides arguments supporting the following conclusions: -    as the prosecutor supports private prosecution as well, the functions of supporting public prosecution, as an activity of exclusively public nature, include the prosecutor’s participation in criminal trial of private prosecution; -    in the existing legal framework, both forms of proceedings (private (or, more precisely, public-private) and public) include the prosecutor’s procedural activities, which is proving indictment in the court to secure criminal responsibility of the individual who committed a criminal offence (state prosecution); -    prosecutor’s participation in a criminal trial of private prosecution is mandatory. At that, one should keep in mind the prosecutor’s exceptional powers described in Article 340 of the Criminal Code of Process of Ukraine. Attorney involvement in the prosecution of private prosecution is mandatory. At the same time, it should be remembered for its exclusive powers under Article 340 of the CPC of Ukraine. The prosecution’s performance of a procedural obligation to conduct a pretrial investigation of a criminal offense in private prosecution and to support a state prosecution in court is a guarantee of the realization of the principles of equality, competitiveness of the parties and freedom in presenting their evidence to the court and proving their conviction, Article 22 of the CPC of Ukraine.

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