scholarly journals SPOŠTOVANJE ČLOVEKOVIH PRAVIC IN TEMELJNIH SVOBOŠČIN V VOJSKAH DRŽAV EVROPSKE UNIJE: PRISTOPI, PRAKSE, MEHANIZMI

Author(s):  
LJUBO ŠTAMPAR

Začetki razprav o človekovih pravicah segajo v 17. stoletje, mednarodna pravna arhitektura človekovih pravic pa je bila postavljena s Splošno deklaracijo o človekovih pravicah leta 1948. Po koncu hladne vojne je razumevanje varnosti dobilo novo dimenzijo, spoštovanje človekovih pravic je postalo imperativ vojaške organizacije, s tem pa so se odprle razprave o zagotavljanju celotnega spektra človekovih pravic pripadnikom vojaške organizacije. Skozi analizirane dokumente evropskih institucij in sodbe sodišč ugotavljamo, da so priporočila usmerjena k uveljavljanju koncepta »državljan vojak« in tako k zmanjševanju omejitev uživanja človekovih pravic za pripadnike vojaške organizacije. Članice EU uporabljajo pri zagotavljanju človekovih pravic vojakom dva pristopa, ki sta odvisna predvsem od zgodovine, tradicije in razumevanja vloge vojske v družbi posamezne nacionalne države. Prvi, tradicionalni pristop, postavlja v ospredje vojaško organizacijo in njene naloge, pravice pripadnikov so majhne. Drugi, postmoderni pristop, ki sledi konceptu »državljan vojak«, postavlja v ospredje spoštovanje človekovih pravic in povečuje obseg vojakovih pravic. Spoštovanje človekovih pravic znotraj vojske lahko država zagotovi z zakonodajo, uveljavitev v praksi pa preverja z učinkovitmi nadzornimi mehanizmi. The beginnings of discussions about human rights go back to the 17th century, while the international legal architecture relating to human rights was established by the Universal Declaration of Human Rights in 1948. When the Cold War ended, the understanding of security entered a new dimension. Respect for human rights became an imperative of military organizations, which opened discussions about the provision of an entire spectrum of human rights for members of a military organization. Analyzed documents of European institutions and rulings of courts bring us to a conclusion that recommendations are designed to enforce the concept of the »citizen-soldier« and, consequently, to decrease the limits imposed on the volume of human rights enjoyed by members of a military organization. When ensuring human rights for soldiers, EU member states use two approaches which depend mainly on history, tradition and understanding of the role of the armed forces in the society of an individual nation state. The first, traditional approach is focused on a military organization and its tasks, while the level of rights enjoyed by servicemembers is low. The second, post-modern approach is focused on respect for human rights and increases the extent of rights enjoyed by soldiers. A state can ensure respect for human rights in a military organization by the means of legislation, and verify its practical implementation through effective control mechanisms.

We have entered the sixteenth year of the publication Contemporary Military Challenges with a wish to mark a few important anniversaries. In 2004, Slovenia joined the European Union and became a NATO member. Slovenia has thus been an active member of two distinguished international organisations for ten years. At the same time, this denotes a decade of active participation of Slovenian Armed Forces members in international operations and missions organised by the Alliance. In addition, it is the year in which the Slovenian Armed Forces reached the full age of its presence in the international environment. Eighteen years ago, in May 1997, twenty five members of Slovenian Armed Forces medical unit were deployed to a peace operation ALBA in Albania. If we look deeper into the past, Slovenian General Rudolf Maister was born one hundred and forty years ago. He significantly influenced the evolution of developments before World War I, but mostly Slovenian national consciousness. This year marks the hundredth anniversary of the beginning of World War I. The anniversary itself or the reasons for it are certainly not motivational – quite the opposite. It was an event on a worldwide scale which caused a great number of deaths and thus represented a devastating catastrophe. At that time, people did not even imagine what wars could bring for the future generations. All these anniversaries, and more could be found, impacted the substantive premise of this year’s issues. This is, of course, not because we would wish to turn backwards and deal with the historical issues. After all, we are the “Contemporary Military Challenges”. What mainly interests us is what have we learned from these examples and experiences. Is today’s situation any different because of them? Are we any better? For this purpose, we have published on our Slovenian (http://www.slovenskavojska. si/publikacije/sodobni-vojaski-izzivi/) and English (http://www.slovenskavojska. si/publikacije/sodobni-vojaski-izzivi/) websites an invitation for authors who would wish to deal with this subject. We are an interdisciplinary scientific and technical publication, which publishes articles on topical issues, research and expert discussions, as well as on technical and social science analyses covering the fields of international and national security and defence; global security challenges; crisis management; civil-military cooperation, and operations, development and transformation of the armed forces. The main topics that entertain our interest have been incorporated into the titles of individual issues. This year’s second issue will be entitled “Recent education and training trends in security, defence and military sectors”, the third one “Ten years of Slovenia’s NATO membership”, and the fourth one “100th anniversary of the beginning of World War I - have we learned anything from the conflicts in the past 100 years”. This year’s first issue was reserved for the topics suggested by the authors and we have received some very interesting articles. Ljubo Štampar in his article entitled Respect for human rights and fundamental freedoms in armed forces of EU member states: approaches, practices and mechanisms presents, in relation to the armed forces, the human rights and freedoms as the foundations of modern democratic societies. He compares freedom of speech, right to announce candidacy in the election or join political parties, freedom of association, freedom of trade unions and right to strike in individual EU member states. Vinko Vegič in his article The role of armed forces in Europe: from territorial defence to various security tasks establishes that two of the most important changes in the role of the armed forces include the need for a defence of the territory, and the appearance of some relatively differing and often poorly defined tasks. Countries have to adapt their defence doctrines and military structure to these two subjects, whereby the public (potentially) plays a decisive role. The young, patriotism and national security: armed forces as a pillar of patriotic structures is the article by Vladimir Prebilič and Jelena Juvan. The authors base their findings on the circumstances already described by Vinko Vegič, and establish the relation among the system of national security, values and patriotism among young people in Slovenia. Do the results of the survey represent a cause for concern? The transformation of armed forces has been a topical issue, especially in the recent two years, and has intrigued Mihael Nagelj enough to verify the theoretical and practical understanding of this notion in the defence system. His findings are presented in the article entitled Defence sector transformation: as understood in the world and Slovenia. Tomaž Pajntar, the author of the article Security of buildings in the event of a terrorist bomb attack writes about a blast as a result of an explosion and its effects on the buildings and their security. He carefully analyses and illustrates the laws of explosions, the knowledge of which is very important in the provision of building security. In her article entitled Information management and network collaboration in the Slovenian Armed Forces – a necessity or only a topical issue, Dragica Dovč presents the theory and practice of terms that at first seem very familiar. However, the results of her survey based on the case of the Slovenian Armed Forces, reveal that this field of work is still fairly unexplored. So, here is one more reason for other friends of defence and military topics to join the group of writers.


2019 ◽  
Vol 33 (1) ◽  
pp. 29-49 ◽  
Author(s):  
Giorgio Gabrielli ◽  
Vincenzo Russo ◽  
Andrea Ciceri

Purpose The uncertainty of the current economic environment increases the risk of organizational failure. The traditional approach intends the crisis as a phenomenon that can be managed according to some predetermined and well-defined procedures. Although this traditional approach emphasizes on the technical dimension, it does not take into account the organizational dimension, which instead plays a crucial role in the circumstances of today’s crisis. The purpose of this paper is to investigate which are the most effective organizational practices able to promote an adequate culture prevent or manage effectively crisis situations. Design/methodology/approach A group of Italian military and civil opinion leaders took part in the study. Authors hypothesized that the military organizations, being defined as “High Reliability Organization,” have organizational characteristics that allow them to manage crisis situations more effectively, and, for this reason, they can be taken as a reference by civil organizations. Findings The results show noticeable differences about organizational attributes concerning the two organizations. According to the results, military organization has the most appropriate organizational dimensions to prevent and manage the crisis situations. Practical implications Based on the results, military organization is suggested to be taken as an example by civil organizations in the process of organizational change necessary to obtain reliable performance. Originality/value The originality of this paper lies in the empirical and theoretical framework provided to analyze risk and crisis management, based on the comparison between military and civil organizations. The paper aims to be a starting point from which a positive process of cultural osmosis between the two organizations can be promoted.


2019 ◽  
Vol 33 (1) ◽  
pp. 50-65
Author(s):  
Giorgio Gabrielli ◽  
Vincenzo Russo ◽  
Andrea Ciceri

Purpose The uncertainty of the current economic environment increases the risk of organizational failure. The traditional approach intends the crisis as a phenomenon that can be managed according to some predetermined and well-defined procedures. Although this traditional approach emphasizes on the technical dimension, it does not take into account that organizational dimension, which instead plays a crucial role in the circumstances of today’s crisis. The purpose of this paper is to investigate which are the most effective organizational practices able to promote an adequate culture prevent or manage effectively crisis situations. Design/methodology/approach A group of Italian military and civil opinion leaders took part in the study. Authors hypothesized that the military organizations, being defined as “High Reliability Organization,” have organizational characteristics that allow them to manage crisis situations more effectively, and, for this reason, they can be taken as a reference by civil organizations. Findings The results show noticeable differences about organizational attributes concerning the two organizations. According to the results, the military organization has the most appropriate organizational dimensions to prevent and manage the crisis situations. Originality/value The originality of this paper lies in the empirical and theoretical framework provided to analyze risk and crisis management, based on the comparison between military and civil organizations. The paper aims to be a starting point from which a positive process of cultural osmosis between the two organizations can be promoted.


Author(s):  
MIRAN BAROVIČ ◽  
UROŠ ROŠKER

Namen tega prispevka je predstaviti temeljne pojme socialne psihologije in z njimi na podlagi izkušenj, pridobljenih v Slovenski vojski, pogledati vojaško organizacijo. Vojska je organizacija, v kateri ima skupina večji pomen kot posameznik. Pogled na vojaško organizacijo prek temeljnih pojmov socialne psihologije se zdi logičen korak, ki lahko prinese uporabna nova spoznanja za obe področji, tako za socialno psihologijo kot za vojaški sistem. Povezava je izpeljana na podlagi izkušenj, prido- bljenih z delom v Slovenski vojski. V prvem delu so predstavljeni temeljni koncepti socialne kognicije: teorije pozor- nosti in kognitivnih shem, stereotipi, stališča in teorija pripisovanja. V drugem delu sledijo temeljni koncepti, vezani na skupino, kot so interakcija znotraj skupine s procesi posnemanja, sugestije, identifikacije in socialnega pritiska, ter koncept socialne moči. V zadnjem delu z uporabo teh pojmov orišemo vojaško organizacijo, natančneje Slovensko vojsko, in sicer njeno hierarhično ureditev, policentrično in asimetrično razporeditev moči ter prepletanje formalne in neformalne moči v njenem vsakodnev- nem delovanju. The aim of this article is to present basic concepts of social psychology and to take a closer look at a military organization based on the experiences gained within the Slovenian Armed Forces. In military organizations, the group is of greater importance than the individual. A closer look at a military organization through the prism of those basic social psycho- logy concepts seems like a logical step that can lead to useful new knowledge in, both, social psychology and the military system. The link between the two is derived on the basis of experience acquired through the employment in the Slovenian Armed Forces. The first part of the article focuses on basic concepts of social cognition, such as the theories of attention, cognitive schemas, stereotypes, attitudes and theories of attribution. In the second part of the article we focus on basic concepts related to groups, such as interaction with the processes of imitation, suggestion, identification, social pressure and the concepts of social power, In the last part we use these key concepts to illustrate a military organization, notably the Slovenian Armed Forces, its hierarchical structure, polycentric and asymmetric distribution of power and the intertwining of formal and informal power in its daily routine.


2018 ◽  
Vol 27 (27) ◽  
pp. 88-108
Author(s):  
Mária Martinská

This article focuses on the innovative trend of the cooperation between men and women in peace processes, and analyzes the need to create a postmodern type of military organization – a so-called gender-integrated organization, which will ensure adequate consideration of the rights, needs, and interests of women and women’s involvement in the actions and objectives of peacekeeping missions. The research findings presented in the article reflect the state of the application of gender equality principle in the Armed Forces of the Slovak Republic, as well as the state of the application of the recommendations for developing a plan of gender equality which obliges EU member states to ensure compliance with the Resolution 1325. The resolution requires a gender-balanced occupation rate and access to training for all missions, as well as gender mainstreaming in all activities carried out.


2019 ◽  
Vol 37 (1) ◽  
pp. 1-11
Author(s):  
Ji-Young Kim ◽  
Chae-un Lee ◽  
Hye-Jin Lee ◽  
Da-Ye Hwang ◽  
Myungsuk Kang

Author(s):  
Marcin Rojszczak

Foreign surveillance as a means of circumventing existing legal safeguards – Different perspectives on the problem of the extraterritorial application of fundamental rights in US and EU legal models – The limited usefulness of effective control tests for establishing the responsibility of states for action taken in cyberspace – Judgment of Bundesverfassungsgericht in the BND Act case as an interpretative guideline for the regulation of foreign surveillance in EU member states – Electronic surveillance as a threat to European integration process.


Energies ◽  
2021 ◽  
Vol 14 (15) ◽  
pp. 4388
Author(s):  
Esmail Mahmoudi Saber ◽  
Issa Chaer ◽  
Aaron Gillich ◽  
Bukola Grace Ekpeti

Natural ventilation is gaining more attention from architects and engineers as an alternative way of cooling and ventilating indoor spaces. Based on building types, it could save between 13 and 40% of the building cooling energy use. However, this needs to be implemented and operated with a well-designed and integrated control system to avoid triggering discomfort for occupants. This paper seeks to review, discuss, and contribute to existing knowledge on the application of control systems and optimisation theories of naturally ventilated buildings to produce the best performance. The study finally presents an outstanding theoretical context and practical implementation for researchers seeking to explore the use of intelligent controls for optimal output in the pursuit to help solve intricate control problems in the building industry and suggests advanced control systems such as fuzzy logic control as an effective control strategy for an integrated control of ventilation, heating and cooling systems.


2008 ◽  
Vol 72 (2) ◽  
pp. 170-177 ◽  
Author(s):  
Chris Gale

Apart from an awareness of shameful treatment to some shell-shocked soldiers on active duty in the First World War, the subjects of military discipline in general and courts-martial in particular are unlikely to permeate the consciousness of the public at large or, indeed, the vast majority of criminal lawyers. This article explores some of the history of both, the current position in relation to courts-martial and the planned reforms under the Armed Forces Act 2006. That the Human Rights Act 1998 exposed some of the anomalities and worst practices of courts-martial is undeniable. It seems equally likely that the 1998 Act was at least a catalyst for the wholesale review and modernisation of military discipline carried out by the 2006 Act.


Author(s):  
Joseph Soeters

Organizational cultures in military organizations consist of symbols, practices, habits, hidden assumptions, and beliefs about what needs to be done, and what is appropriate and what is not, before, during, and after operations. Generally speaking, organizational cultures in military institutions are similar to those in any other work organization. Upon closer examination, however, it appears that the military’s 24/7, communal life outside society, its emphasis on hierarchy and discipline, and in particular its license to use large-scale force make it different. Relatedly, the way in which the military’s organizational cultures are created and recreated has aspects and emphases that are less common in conventional work organizations. Recruiting and socialization patterns of new organizational members in the military have been studied frequently because they are so distinctive in the armed forces. Military organizational cultures are not identical worldwide. Military organizations differ internationally, as military organizations are still strongly connected to their national backgrounds, including the languages, legal regimes, political atmospheres, and general ways of living in the many nations across the globe. National societies and their histories shape military organizational cultures in multiple ways. Dramatic experiences at the national level, for instance during World War II, may lead to a continuation or, just the opposite, the disruption of armed forces’ organizational cultures. Yet despite the differences, something of a world culture impacting on the use of force seems to emerge as well. In an era when international alliances carry out most missions, different national backgrounds influence strategic decision making and the way operations are conducted. Most of the time, national armed forces operate separately, in their own area (or time) of operations, sometimes guiding troops from smaller and less wealthy partnering nations. The coordination of actions between the various areas of operation is generally not very well elaborated. This applies not only to combat operations but also to peace missions. A full integration of national armed forces, such as in a United Nations security force or a European army, is an ideal that some may dream of, but it is still far from reality. The greatest degree of integration is likely to be found in international headquarters.


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