scholarly journals Legal Awareness Dynamics of the Population of the South of Russia: Cognitive Aspect

Legal Concept ◽  
2019 ◽  
pp. 75-82
Author(s):  
Lyudmila Klimenko ◽  
Oksana Posukhova ◽  
Pavel Budaev
Keyword(s):  
Human Rights ◽  
Legal Culture ◽  
Legal Responsibility ◽  
Sociological Research ◽  
The South ◽  
Cognitive Component ◽  
Cultural Heterogeneity ◽  
Cognitive Components ◽  
Rostov Region ◽  
The Right

Introduction: the integration processes in the South of Russia are complicated by the ethno-cultural heterogeneity of the macroregion, different levels of socio-economic development of the subregions and differences in the societal values of the ethno-territorial communities. In these conditions, a similar legal culture serves as the basis for the consolidation of different groups of the population. The purpose of the paper is to analyze the dynamics of the legal culture cognitive component of the population of the multi-ethnic territories of Southern Russia. Methods: the empirical basis of the study was formed as part of comparative sociological research, when more than two thousand people were interviewed in the Rostov region, Adygea and Kabardino- Balkaria in 2001-2019. Results: as a rule, the legal culture of a civil-activist type should dominate in a modernized society, when the population understands and recognizes the priority of human rights and freedoms, legal responsibility, shows respect for the existing laws. Therefore, the study of the cognitive components of the legal culture of South-Russian residents includes the analysis of knowledge and perceptions of the respondents about the basic signs of the legal state, the permissibility of limitations of human rights, the degree of importance of the rights of different actors in society, the status of law, legislation in the case of administrative arrest and witness testimony. Conclusions: the empirical tests show a rather low level of specific legal knowledge of the population in all the considered territorial subjects of the South of Russia. Moreover, from the first to the last stages of the study, the dynamics of the knowledge level is decreasing. The priority of the right is not always manifested in the attitudes of the surveyed residents in the macroregion. Against this background, in the Rostov region at different stages of the study a stable group of respondents (about half of the respondents), for whom the legal norm is a legitimate regulator of behavior, was recorded. In the republican segment, the situation is volatile; the lagging dynamics of legal systems of a civil type in the Republic of Adygea and the accelerating one – in Kabardino-Balkaria are revealed.

scholarly journals SOME COMMENTS ON WATER RIGHTS IN SOUTH AFRICA

2017 ◽  
Vol 8 (1) ◽  
pp. 1
Author(s):  
N Gabru
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Fresh Water ◽  
Human Life ◽  
Bill Of Rights ◽  
The South ◽  
Economic Rights ◽  
Basic Part ◽  
The Right

Human life, as with all animal and plant life on the planet, is dependant upon fresh water. Water is not only needed to grow food, generate power and run industries, but it is also needed as a basic part of human life. Human dependency upon water is evident through history, which illustrates that human settlements have been closely linked to the availability and supply of fresh water. Access to the limited water resources in South Africa has been historically dominated by those with access to land and economic power, as a result of which the majority of South Africans have struggled to secure the right to water. Apartheid era legislation governing water did not discriminate directly on the grounds of race, but the racial imbalance in ownership of land resulted in the disproportionate denial to black people of the right to water. Beyond racial categorisations, the rural and poor urban populations were traditionally especially vulnerable in terms of the access to the right.  The enactment of the Constitution of the Republic of South Africa 1996, brought the South African legal system into a new era, by including a bill of fundamental human rights (Bill of Rights). The Bill of Rights makes provision for limited socio-economic rights. Besides making provision for these human rights, the Constitution also makes provision for the establishment of state institutions supporting constitutional democracy.  The Constitution has been in operation since May 1996. At this stage, it is important to take stock and measure the success of the implementation of these socio-economic rights. This assessment is important in more ways than one, especially in the light of the fact that many lawyers argued strongly against 1/2the inclusion of the second and third generation of human rights in a Bill of Rights. The argument was that these rights are not enforceable in a court of law and that they would create unnecessary expectations of food, shelter, health, water and the like; and that a clear distinction should be made between first generation and other rights, as well as the relationship of these rights to one another. It should be noted that there are many lawyers and non-lawyers who maintained that in order to confront poverty, brought about by the legacy of apartheid, the socio-economic rights should be included in a Bill of Rights. The inclusion of section 27 of the 1996 Constitution has granted each South African the right to have access to sufficient food and water and has resulted in the rare opportunity for South Africa to reform its water laws completely. It has resulted in the enactment of the Water Services Act 108 of 1997 and the National Water Act 36 of 1998.In this paper the difference between first and second generation rights will be discussed. The justiciability of socio-economic rights also warrants an explanation before the constitutional implications related to water are briefly examined. Then the right to water in international and comparative law will be discussed, followed by a consideration of the South African approach to water and finally, a few concluding remarks will be made.

scholarly journals Raamwerkwetgewing ter Verwesenliking van die Reg op Toegang tot Voldoende Voedsel

2017 ◽  
Vol 15 (5) ◽  
pp. 228
Author(s):  
Anél Terblanche ◽  
Gerrit Pienaar
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Food Security ◽  
South African ◽  
The South ◽  
The Republic ◽  
The Right ◽  
Human Rights Based Approach ◽  
Right Of Access ◽  
Sufficient Food

Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain a daily reality for approximately 35 percent of the South African population. The government's commitment to food security to date of writing this contribution manifests in related policies, strategies, programmes and sectoral legislation with the focus on food production, distribution, safety and assistance. A paradigm shift in the international food security debate was encouraged during 2009, namely to base food security initiatives on the right to sufficient food. During a 2011 visit to South Africa, the Special Rapporteur for the Right to Food of the United Nations, accordingly confirmed that a human rights-based approach to food security is necessary in the South African legal and policy framework in order to address the huge disparities in terms of food security (especially concerning geography, gender and race). A human rights-based approach to food security will add dimensions of dignity, transparency, accountability, participation and empowerment to food security initiatives. The achievement of food security is further seen as the realisation of existing rights, notably the right of access to sufficient food. The right of access to sufficient food, as entrenched in section 27(1)(b) of the Constitution of the Republic of South Africa, 1996 will accordingly play a central role within a human rights-based approach to food security. Section 27(2) of the Constitution of the Republic of South Africa, 1996 qualifies section 27(1)(b) by requiring the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of the section 27(1) rights. The South African government's commitment to food security, as already mentioned, currently manifests in related policies, strategies and programmes, which initiatives will qualify as other measures as referred to in section 27(2) mentioned above. This contribution, however, aims to elucidate the constitutional duty to take reasonable legislative measures as required by section 27(2) within the wider context of food security. This contribution is more specifically confined to the ways in which a human rights-based approach to food security can be accommodated in a proposed framework law as a national legislative measures. Several underlying and foundational themes are addressed in this contribution, amongst others: (a) the relationship between food security and the right of access to sufficient food; (b) food security as a developmental goal; and (c) the increasing trend to apply a human rights-based approach to development initiatives in general, but also to food security.

Draft concept of legal responsibility in the legal system of Russia

2021 ◽  
Author(s):  
Dmitriy Lipinsky ◽  
Aleksander Malko ◽  
Aleksandra Musatkina ◽  
Roman Markunin ◽  
Nikolay Makareyko ◽  
...  
Keyword(s):  
Legal System ◽  
Legal Culture ◽  
Legal Responsibility ◽  
The Right ◽  
Law Making ◽  
Legal Training

The doctrinal document defines the relationships, interactions and contradictions of legal responsibility with such elements of the legal system as: the system of law; implementation of the right; principles of law; legal awareness and legal culture. The publication is intended for researchers, law-making bodies, government bodies, as well as students of legal training.

IDENTITY OF THE POPULATION OF THE MULTIETHNIC SOUTH OF RUSSIA IN THE CONTEXT OF SOCIETAL INTEGRATION OF THE MACROREGION

2021 ◽  
Vol 22 (3) ◽  
pp. 136-146
Author(s):  
Liudmila Klimenko ◽  
Zuriet Zhade ◽  
Irina Petrulevich
Keyword(s):  
Complex Structure ◽  
Northern Caucasus ◽  
Sociological Research ◽  
The South ◽  
Interethnic Relations ◽  
The North ◽  
Rostov Region ◽  
The Republic ◽  
Ethnocultural Diversity ◽  
Russian Identity

The South of Russia is characterized by a complex structure, a contradictory history of interethnic relations and active migration processes. All of the above creates difficulties for the region’s societal integration and strengthening of macroregional ties. The state’s national strategy presupposes the formation of a positive civic identity of Russia’s population while preserving its ethnocultural diversity. The self-determination processes of ethnosocial groups in the post-Soviet space have revealed a competition between the civic and ethnic components in the identity of the national republics’ population. Therefore, the structural and dynamic dimension of the identity of the multiethnic population in the South of Russia is being actualized. The article empirically characterizes the complex identity of the population in the multiethnic subregions of the Russian South in terms of the region’s societal (macrolevel) integration. Based on the sociological research conducted in early 2021 in the Rostov region, the Republic of Adygea and the Republic of Daghestan, the nature of the local residents’ identity along the following axes is analyzed: (1) civic, regional and ethnic identifications; (2) I- and we-identifications; (3) primordial and constructed forms of identity. Modern sociological measurements demonstrate that in the structure of cognitive I-identifications of the population of the Russian South, primordial (gender, marital status) and constructed civic (Russian citizen) identity components prevail. In the Rostov region, the core of the respondents’ identity comprises a macroregional component (resident of the South of Russia). Whereas in the North Caucasian republics in question, ethnic (in Adygea and Daghestan), confessional and republican (in Daghestan) identifications compete with the all-Russian identity. At the emotional we-identity level, residents of the Russian South most often indicate affinity with groups of everyday communication (people of the same generation and occupation) and supra-ethnic constructed communities (citizens of Russia). A strong orientation towards the South Russian identity is also manifested among the Rostov residents, while ethnic, religious and republican identification complexes have greater significance in the national republics of the Northern Caucasus. Comparative analysis with the results of 2010-2011 studies (conducted using identical instruments in the Rostov region and Adygea) shows a stable predominance of constructed civic and macroregional identities in the subregions dominated by the Russian population, and ethnic and North Caucasian identities—in the republican segment. The continuing discrepancy in the identity content structure in the ethnoterritorial segments of the Russian South may have disintegration potential and slow down the formation of a supra-ethnic societal integrity of a multi-component macroregion.

scholarly journals Noted: Horror stories confront journalists

2008 ◽  
Vol 14 (2) ◽  
pp. 233-234
Author(s):  
David Robie
Keyword(s):  
Human Rights ◽  
South Pacific ◽  
Ordinary People ◽  
The South ◽  
Border Town ◽  
The Right ◽  
The University

Phil Thornton specialises in documenting the lives of opressed ordinary people. Eight years ago he was attached to the University of the South Pacific programme during the George Speight 'coup' doing human rights stories that few other journalists were touching.  In Restless Souls, Thornton provides colourful, evocative and tragic insights into the Karen people's struggle for freedom and the right to exist. He is based in part in the border town of Mae Sot—a bizarre community featuring aid peddlers, drug dealers, mercenaries, prostitutes, gem smugglers and freelance journalists. 

Repressing The Fanatism in Madurese Society Through Legal Culture Strengthening

2021 ◽  
Vol 16 (1) ◽  
pp. 57-76
Author(s):  
Achmad - Fauzi ◽  
Achmad Faidi
Keyword(s):  
Human Rights ◽  
Religious Affiliation ◽  
Minority Group ◽  
Social Institutions ◽  
Legal Culture ◽  
Universal Declaration ◽  
Human Right ◽  
Legal Structure ◽  
The Republic ◽  
The Right

The strong fanaticism of Madurese society to issues of diversities on religious, beliefs, opinions to socio-religious affiliation makes it prone to any conflict like what occurred between Shiite-Sunni in Sampang. The minority group finds it hard to express their belief, such as building worship houses. This hegemony requires the right way to foster attitudes and understanding on values of tolerance and diversity. This article argues the importance of building public legal awareness through legal culture strengthening. The historical normative approach becomes the main foundation including the conception of tolerance in religious texts (the Qur'an and hadith), the Medina Charter, the conception of human rights in the Cairo Declaration, the Universal Declaration of Human Rights (UDHR), the 1945 Constitution of the Republic of Indonesia and several other laws governing religious tolerance and human rights in Indonesia. It reveals the importance of legal culture strengthening because public legal awareness can’t only be built through legal substance and legal structure. Furthermore, legal culture strengthening also functions to maximize several existing legal products on the tolerance building. The strengthening program can be through massive socialization instruments in public spaces both in academic areas, such as universities and other social institutions.(Kuatnya fanatisme masyarakat Madura terhadap isu-isu perbedaan agama, keyakinan, pandangan, hingga afiliasi sosial keagamaan menyebabkan kerawanan munculnya konflik seperti konflik Syi’ah-Sunni di Sampang. Kelompok minoritas cenderung kesulitan mengekspresikan keyakinannya, seperti saat akan membangun tempat ibadah. Hegemoni semacam ini mengharuskan adanya cara yang tepat guna menumbuhkan sikap dan pemahaman tentang nilai-nilai toleransi dan keberagaman. Artikel ini memperlihatkan pentingnya membangun kesadaran hukum masyarakat melalui penguatan legal culture. Pendekatan normatif historis menjadi pijakan utama meliputi konsepsi toleransi dalam teks-teks keagamaan (al-Qur’an dan al-hadits), Piagam Madinah (Madinah Charter), konsepsi HAM dalam Deklarasi Kairo, Universal Declaration of Human Right (UDHR), Undang-Undang Dasar Negara Republik Indonesia 1945 serta beberapa Undang-Undang lain tentang toleransi beragama dan HAM di Indonesia. Artikel ini mengungkapkan pentingnya penguatan legal culture di masyarakat sebab kesadaran hukum tidak bisa dibangun hanya dengan legal substance dan legal structure. Selain itu, penguatan legal culture juga berfungsi untuk memaksimalkan beberapa produk hukum yang ada terkait upaya membangun toleransi. Penguatan legal culture dapat dilakukan dengan berbagai instrument sosialiasi yang masif melalui ruang-ruang publik, baik di lingkup akademik, seperti perguruan tinggi maupun lembaga-lembanga sosial kemasyarakatan lainnya.)

scholarly journals The Right of Property and its Juridical Protection - Albania Case

2015 ◽  
Vol 1 (2) ◽  
pp. 73
Author(s):  
Sofiana Veliu
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Legal Culture ◽  
Current Situation ◽  
Democratic State ◽  
European Standards ◽  
The Right ◽  
Right Of Property

Selected theme, aims to highlight some of the current issues concerning the right of property as one of the fundamental human rights. Although the Albanian Constitution provides and guarantees the right of ownership , there are a lot of problems regarding the practical effectiveness of these arrangements, the executive titles of ownership and prior compensation in the case of the removal of this right Consequently , the current situation clearly shows that, there is still superposition of these ownership titles and very little legal protection , because the transactions remain informal action apparently by law.According to the analysis of ECHR decisions and EC’s recommendations, in some cases, there is a “gap” between law and practice of the Albanian courts and international directions, causing crash between European standards and Albanian legal culture. In the context of respect and guarantee of the fundamental human rights, it’s necessary a great commitment to complete and consolidate the system of property in general and essentially not violated these rights .The consolidation and guarantee of ownership it’s closely related to the consolidation of the democratic state .

HUMAN RIGHTS, CULTURAL DIVERSITY AND CUSTOMARY LAW IN SOUTH AFRICA

2006 ◽  
Vol 50 (1) ◽  
pp. 2-23 ◽  
Author(s):  
EVADNÉ GRANT
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Customary Law ◽  
Constitutional Court ◽  
The South ◽  
The Republic ◽  
Human Rights Norms ◽  
The Right ◽  
Human Rights Standards

In the joined cases of Bhe v. Magistrate Khayelitsha and Others; Shibi v. Sithole and Others; South African Human Rights Commission and Another v. President of the Republic of South Africa and Another (2005(1) B.C.L.R. 1 (CC)), the South African Constitutional Court held unanimously that the male primogeniture rule according men rights to inheritance not enjoyed by women enshrined in the South African Customary Law of Succession violated the right to equality guaranteed under section 9 of the South African Constitution. On one level, the decision can be seen as a triumph for the universality of human rights norms. On another level, however, the case raises difficult questions about the relationship between human rights and culture. The aim of this paper is to assess the judgment critically in the context of the ongoing debate about the application of international human rights standards in different cultural settings.

Community-Led Total Sanitation and Its Potential to Realize the Right to Sanitation

2019 ◽  
pp. 171-194
Author(s):  
Lyla Mehta
Keyword(s):  
Human Rights ◽  
South Asian ◽  
Special Focus ◽  
Global Level ◽  
The South ◽  
Community Based ◽  
Indian Experience ◽  
Asian Context ◽  
The Right ◽  
Significant Attention

Community-based decentralized approach to achieve the goal of total sanitation has received significant attention at the global level and the idea is of significant importance in the South Asian context. This chapter tracks the origins of Community-Led Total Sanitation (CLTS), highlights its key tenets, and discusses how CLTS spread from Bangladesh to India. It further analyses prospects and challenges in adopting and implementing CLTS with a special focus on the Indian experience and its potential for the realization of several human rights including the right to sanitation.

scholarly journals Permissible Limits of Interference with the Right to Privacy in the Context of the COVID-19 Pandemic

2020 ◽  
pp. 57-65
Author(s):  
Mariya MENDZHUL
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Social Identification ◽  
Private Life ◽  
Personal Life ◽  
Sociological Research ◽  
Right To Privacy ◽  
Permissible Limits ◽  
The Right To Privacy ◽  
The Right

Over the past year, the COVID-19 pandemic has exacerbated a number of social problems and in the context of incomplete medical reform and the economic crisis, the situation in Ukraine is not the best. That is why, within the framework of this study, attention has been paid to the analysis of the concept of ‘private life’ and its relationship with the concepts of ‘personal life’ and ‘family life’, as well as it has been clarified the permissible limits of interference in private life based on analysis of ECtHR practice and the COVID-19 pandemic. The analysis of the case law of the European Court of Human Rights outlines that there is a rather extended interpretation and the absence of a comprehensive definition of the term ‘private life’. According to the ECtHR, the boundaries of private life are not limited exclusively to the ‘internal sphere’ and it is impossible to exclude the outside world completely; private life can intersect even with professional activities. The Convention on the Protection of Human Rights and Fundamental Freedoms covers the following areas of private life: both physical and psychological integrity of a person, his legal and social identification, gender identity, as well as sexual orientation, photographs, relationships with other people, decision-making bodies, etc. When examining the permissible limits of interference in the sphere of private life, we took into account the positions of scholars, national legislation, ECtHR practice, the results of sociological research, as well as statistics on the spread of SARS-CoV-2 and mortality in Ukraine, the neighbouring European countries,the UK , USA, Spain, Italy, Germany, France, South Korea, Sweden and Belarus as well. In the course of the research it is substantiated that the terms ‘personal life’ and ‘private life’ are synonyms and also cover family life. The ECHR may consider violating the right to privacy during the COVID-19 pandemic in the future. At the same time, the COVID-19 pandemic and the threat it poses to human health can be considered a legitimate purpose of invasion of privacy. If restrictive measures are taken on the basis of the law and their further legal application, such interventions may be recognized as legal. At the same time, whether such interventions are necessary in a democratic society, as well as whether the principle of proportionality is observed, should be analyzed when considering individual cases.

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