scholarly journals On the issue of criminal liability for violation of the rights to gender identity and sexual orientation

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Kovalova Svitlana ◽  
◽  
Sokolovska Nataliia ◽  
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Criminal Liability ◽  
Criminal Code ◽  
Proper Solution ◽  
Criminal Offenses ◽  
Court Proceedings ◽  
And Gender ◽  
Definition Of ◽  
The Right

The article analyzes the current state of ensuring the right to sexual orientation and gender identity, analyzes regulations, examines the statistics of criminal offenses on this issue. To achieve this goal, an analysis of current legislation on the grounds for criminal liability for violation of the rights to sexual orientation and gender identity, examined the results of court proceedings, identified motives for bias. It is established that there is no aggravating circumstance for violation of the right to sexual orientation and gender identity in the Criminal Code of Ukraine. The study showed that the current legislation of Ukraine on criminal liability for violation of the rights to sexual orientation and gender identity does not provide a proper solution to this problem. However, given the need for timely decision-making on this issue, there are reasonable proposals: to expand the list of «protected features» that are subject to protection, in particular criminal law; clearly define sexual orientation and gender identity as «protected traits»; to supplement the list of circumstances that aggravate the punishment provided for in paragraph 3 of Part 1 of Art. 67 of the Criminal Code of Ukraine, the grounds for committing criminal offenses based on hatred of sexual orientation and gender identity; for the correct functioning of the provisions of the Criminal Code of Ukraine, it is necessary to give a clear definition of such phenomena as: «intolerance», «sexual orientation», «gender identity» at the legislative level, which will prevent the abuse of these concepts. Keywords: intolerance, sexual orientation, gender identity, criminal offenses of hatred, protected traits, violations of rights, motives for prejudice

scholarly journals Asking about Sexual Orientation and Gender Identity in Social Surveys in Japan: Findings from the Osaka City Residents’ Survey and Related Preparatory Studies

2020 ◽  
Author(s):  
Daiki Hiramori ◽  
Saori Kamano
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Population Based ◽  
Sexual And Gender Minorities ◽  
Step Method ◽  
Social Surveys ◽  
Sexual Orientation Identity ◽  
Gender Minorities ◽  
And Gender ◽  
Definition Of

Most studies on the measurement of sexual orientation and gender identity (SOGI) in representative surveys are conducted in Western countries. Whether the findings from these studies are applicable to countries with legal, religious, and cultural contexts regarding sexual and gender minorities distinct from Western societies is yet to be explored. To fill this gap, this paper summarizes the findings from focus groups and a pilot survey conducted to develop SOGI questions in the Japanese context. For sexual orientation identity, a six-category question that includes definition of each category, and for transgender status, a three-step method, are suggested for general use. The paper also reports on percentage distributions of SOGI by assigned sex at birth and by age group based on the Osaka City Residents' Survey, one of the first population-based surveys in Japan with SOGI questions. Overall, our findings illustrate the significance of examining the measurement of SOGI beyond Western societies.

El proyecto de ley de identidad de género. Una aproximación a sus disposiciones y fundamentos. / The bill gender identity. An approach to its provisions and foundations.

2015 ◽  
Vol 4 (07) ◽  
pp. 180-202
Author(s):  
Sebastián Del Pino Rubio ◽  
Valentina Verbal Stockmeyer
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Sexual Diversity ◽  
Gender Expression ◽  
And Gender ◽  
The Right

El objetivo del presente trabajo es analizar el proyecto de ley que reconoce y protege el derecho a la identidad de género. Para ello, y después de explicar los conceptos primordiales aplicables a la diversidad sexual (orientación sexual, identidad de género y expresión de género), se caracterizan sus disposiciones principales, y se explican sus fundamentos, tanto jurídicos como sociales. The objective of this work is analize the billthat recognizes and protects the right to gender identity. In order to do this, and after explaining the concepts applicable to primary sexual diversity (sexual orientation, gender identity and gender expression), then characterizing its main provisions; and thereafter explaining their rationale, both legal and social.

La identidad de género en Chile, problematizando el debate. / Gender identity in Chile, problematizing the debate.

2019 ◽  
Vol 4 (07) ◽  
pp. 155-178
Author(s):  
Sebastián Del Pino Rubio ◽  
Valentina Verbal Stockmeyer
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Public Debate ◽  
Sexual Diversity ◽  
Ongoing Debate ◽  
Gender Expression ◽  
The Subject ◽  
And Gender ◽  
The Right

El objetivo del presente trabajo es dar cuenta del debate público que se ha dado en torno al proyecto de ley que reconoce y protege el derecho a la identidad de género. Para ello, y después de explicar los conceptos primordiales aplicables a la diversidad sexual (orientación sexual, identidad de género y expresión de género), se buscará problematizar el debate que se ha dado en torno a esta materia, poniendo especial énfasis en las objeciones al proyecto de ley que es materia de este trabajo. The objective of this work is to contribute to public debate that has been generated around the bill that recognizes and protects the right to gender identity. In order to do this, and after explaining the concepts applicable to primary sexual diversity (sexual orientation, gender identity and gender expression), will seek to problematize the ongoing debate on this issue, applying special emphasis on the objections to the bill, that is the subject of this work.

scholarly journals The Right to Property and Property Rights as Objects of Possession, which is Committed by the Abuse of an Official by his Official Position (Part 2 of Article 191 of the Criminal Code of Ukraine)

2021 ◽  
Vol 1 (15) ◽  
pp. 126-149
Author(s):  
Pavlo Serhiiovych Berzin ◽  
Ruslan Anatoliiovych Volynets ◽  
Mykhailo Mykhailovych Khomenko
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Criminal Code ◽  
Property Right ◽  
Official Position ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
The Subject ◽  
Definition Of ◽  
The Right

The article analyzes the criminal and civil understanding of the concepts of "foreign property", "right to property" and "property law". Different meanings of these concepts are considered. Differences in criminal and civil law understanding of these concepts and their relationship are established. It is substantiated that the subject of possession provided for in p. 2 art. 191 of the Criminal Code is only someone else's property, not the right to property and property rights. It is substantiated that the concept of "property" in the relevant compositions of criminal offenses against property performs other functions than the concept of "property" in civil law, and that the criminal law understanding of property and civil law definition of property in p. 1 of art. 190 of the Civil Code are unequal (different). On this basis and taking into account the legal positions of the Supreme Court and the Supreme Court of Ukraine, the conclusion is formulated that the subject of possession in the relevant composition of criminal offenses against property can be only someone else's property, not the right to it or not a property actions. The concepts of “property right” and “right to property” are not identical, and the concepts of “property right”, the term "right to property" constitute real rights on the property, but no other rights that are not property. In view of this, the possession by an official by abusing his official position the right to property or, in other words, the possession by an official by abusing of the right to property cannot be qualified under the relevant part of art. 191 of the Criminal Code. In addition, the article analyzes the definition of "right to property", which affect the recognition of the right to property as a kind of "subject" of the so-called "selfish abuses" under art. 364, 364-1 of the Criminal Code. It is emphasized that when an official possession the right to property committed by abusing his official position, he cannot qualify under the relevant part of art. 191 of the Criminal Code, as there is no such mandatory feature of p. 2 of art. 191 of the Criminal Code of abuse as someone else's property that is the subject of abuse.

scholarly journals Criminal-legal description of penalties imposed for criminal offenses

2020 ◽  
Vol 4 (4) ◽  
pp. 356-361
Author(s):  
Iryna Shylo
Keyword(s):  
Local Governments ◽  
Criminal Liability ◽  
Criminal Code ◽  
Public Authorities ◽  
Criminal Offense ◽  
Psychotropic Substances ◽  
Criminal Offenses ◽  
Special Part ◽  
General Part ◽  
The Right

The criminal-legal characteristic of the punishment provided for criminal offenses is given. It is determined what punishments can be applied by the court as the main and additional. The size of the main punishments in the form of fines, community service, correctional labor, arrest, restriction of liberty, deprivation of the right to hold certain positions or engage in certain activities, service restrictions for servicemen, detention in a disciplinary battalion were analyzed. Taking into account the provisions of the Law on Criminal Liability, the general principles of sentencing by a court in case of a criminal offense are established, which are: sentencing within the limits established in the sanction of the article (sanctions of part of the article) of the Special Part of the Criminal Code of Ukraine; except as provided in Part 2 of Art. 53 of the Criminal Code of Ukraine; sentencing in accordance with the provisions of the General Part of the Criminal Code of Ukraine; sentencing for a criminal offense, taking into account the identity of the perpetrator and mitigating and aggravating circumstances. The statistical data of the Prosecutor General's Office of Ukraine on registered criminal offenses and the results of their pre-trial investigation for July-November 2020, which showed that a total of registered criminal offenses in July 63 902, August 17 070, September 8 976, October 9 902, November 6 803 The largest number are criminal offenses against life and health of a person; against property; in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors and other criminal offenses against public health; against the authority of public authorities, local governments, associations of citizens and criminal offenses against journalists.

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