scholarly journals INFORMATION ON THE STATUS OF THE PROJECT SOLUTION "CRIMINOLOGICAL AND CRIMINAL LAW OPTIONS TO RESOLVE DOMESTIC VIOLENCE"

2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Peter Polák ◽  
Marcela Tittlová
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Human Dignity ◽  
Social Problems ◽  
Actual Rate ◽  
Civil Proceedings ◽  
The Status ◽  
The Right

Annotation Domestic violence is one of the recent and severe social problems. His legal solution consistently fails to absence of relevant legislation which would clearly and precisely the what it is ,, domestic violence ", what forms of action can be subsumed under the term and what not, which shows signs of domestic violence and how it can be addressed resp. sanction. In doing so, in cases where there is serious offenses against life, health or human dignity that are at the same time nature of domestic violence steadily increasing. With this in mind, it is a strong taboo issue, the actual rate of incidence of domestic violence in a society is only possible to argue. Clearly, though, we can say that this is a problem that occurs frequently, although not relevatne underpinned by having the right solutions. Appropriate legislation which would provide the necessary protection to victims of domestic violence guarantee their rights in criminal or civil proceedings and ultimately changed the very.

scholarly journals Legal Liability of the Deputies to NPC for Selling Ballots

2020 ◽  
pp. 86-90
Author(s):  
Zhou Heng
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Liability ◽  
Public Officials ◽  
Standing Committee ◽  
The Status ◽  
Right To Vote ◽  
The Law ◽  
The Right ◽  
People's Congress

Deputies to people’s congresses enjoy the right to elect the personnel of a state organ, members of the Standing Committee of the People’s Congress at the same level and deputies to the People’s Congress at a higher level in accordance with the provisions of the law. Based on the official nature of the right to vote, deputies to NPC can not transfer their right to vote and sell votes. As selling ballots is an illegal exercise of their official duty, they should assume for corresponding criminal responsibility for the crime of undermining election and bribery provided in the Criminal Law of China. Moreover, delegates to NPC who have the status of public officials shall be included in the supervision , and strengthen the responsibility inquiry.

scholarly journals Aharon Barak’s Concept of Human Dignity and the Notion of Dignity in Jurisprudence of Polish Constitutional Court

2021 ◽  
pp. 202-212
Author(s):  
Piotr Szymaniec
Keyword(s):  
Human Dignity ◽  
Constitutional Theory ◽  
Constitutional Court ◽  
Legal Systems ◽  
Legal Concept ◽  
Central European ◽  
Broad Category ◽  
The Status ◽  
The Right ◽  
Right To Dignity

Israeli scholar and judge, Aharon Barak rejects the position that dignity is an axiomatic, universal concept. Moreover, he is in favor of “spacious” understanding of the right to dignity, making it a vast and broad category. The aim of the paper is to examine whether the concept of dignity presented by Barak is useful to understand the approach to human dignity as a legal concept in those Central European legal systems which have been influenced by German constitutional theory. In that regard the jurisprudence of Polish Constitutional Court is examined. The author is not fully convinced by Barak’s approach to dignity.  The conclusion is drawn, however, that Barak is right when claiming that the status of an absolute right granted to the right to dignity means also that its scope is defined in a restrictive way.

scholarly journals Criminal law characteristic of certain restrictive measures

2021 ◽  
pp. 251-260
Author(s):  
YU.M. Plish
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Criminal Code ◽  
Scientific Article ◽  
New Concepts ◽  
The Status ◽  
General Part ◽  
Legislative Changes ◽  
The Moment ◽  
Restrictive Measures

Domestic criminal law is being in constant dynamics, so it means that the norms of the current legislation are being improved, new, previously unknown, criminal-legal categories are being introduced, recommendations of in¬ternational institutions are taken into account, etc. Not an exception in this process is chapter XIII-1 of the General part of the Criminal Code of Ukraine, which regulates restrictive measures (these provisions came into force on January 11, 2019). From the moment of the regulation of restrictive measures in the Criminal Code of Ukraine, they have acquired the status of criminal-legal measures. Restrictive measures have a specific purpose - to protect the victim from a person who has committed a socially dangerous act, to protect against committing a socially danger¬ous act in relation to the victim in the future, to minimize the interaction between the person, who is in a dangerous state, and the victim, if such has the significant risks.This scientific article analyzes the conditions of application of restrictive measures in criminal law, in particular, it is determined that the concept of «crime related to domestic violence» is broader than the concept of «domestic violence» in Article 126-1 of the Criminal Code of Ukraine and can be used not only in the commission of this crime, but also in other socially dangerous acts that have signs of domestic violence; some considerations regarding the improvement of the grounds for the application of restrictive measures are highlighted; the correlation between the requirements of international acts and current provisions on restrictive measures is considered.A detailed analysis of the types of restrictive measures that are in the Criminal Code of Ukraine was made. The need for some legislative changes and additions is argued, this concerns the wording of the names of types of restric¬tive measures; new concepts that should be enshrined at the legislative level; meaningful content of such varieties. The conclusion was made that the regulation of restrictive measures in the Criminal Code of Ukraine is a positive step, but due to the novelty of this legal category there is a need for their partial editing and changes.

scholarly journals Családon belüli erőszak egy irodalmi mű alapján. (Móricz Zsigmond: „A világ végén már szép és jó”)

2017 ◽  
Vol 14 (3-4) ◽  
pp. 66-76
Author(s):  
Ágnes Pápai-Tarr
Keyword(s):  
Domestic Violence ◽  
Child Abuse ◽  
20Th Century ◽  
Short Story ◽  
Criminal Law ◽  
Social Problem ◽  
Relevant Today ◽  
Hungarian Society ◽  
The Right ◽  
In The Beginning

In my study I am going to present a rather complicated issue, namely a few problems of domestic violence based on a less-known short story by the Hungarian writer Zsigmond Móricz. I chose this story because it is still relevant today, it could even be set in 2017, as it basically depicts domestic violence in its complexity. This story by Móricz proves that the phenomenon of domestic violence is not at all new, given that in the beginning or the middle of the 20th century we can see the same complex social problem which present-day criminal law has to face. Hungarian society 50 or 100 years ago was not exempt from domestic violence either. We may also claim that the factors enhancing domestic violence were even stronger than today. The story aligns several dimensions of domestic violence, as it shows examples of both child and wife abuse. I am going to analyse the crimes depicted by Móricz according to the criminal laws effective today, and I just tangentially touch upon the judgment of the offences in the age of writing. This way, first I analyse the questions of child abuse, focusing on the right of punishment, which is still relevant in today’s criminal system as a cause for miscarriage. Then I present a detailed analysis of the bearing of case of partner abuse in the framework of violence in relationships, which exists in Hungarian criminal law since 2013.

Personal Liability and Human Free Will in the Background of Emerging Neuroethical Issues

2014 ◽  
pp. 27-40
Author(s):  
Angela Di Carlo ◽  
Elettra Stradella
Keyword(s):  
Free Will ◽  
Criminal Law ◽  
Human Dignity ◽  
General Framework ◽  
Point Of View ◽  
Constitutional Rights ◽  
Key Concepts ◽  
Legal Concepts ◽  
The Right ◽  
Personal Liability

In this chapter, the authors analyse the issues connected to emerging neurotechnologies, in particular their effects on (legal) concepts like capacity, liability, testimony, and evidence, and also on fundamental constitutional rights and freedoms like the right to autonomy and the right not to be treated without consent (in the general framework of the principle of human dignity). Starting from preliminary remarks on the key concepts of neuroethics/technoethics, neurolaw/technolaw, the authors investigate how personal liability is changing in the framework of new scientific developments. The chapter underlines that neurolaw challenges some of the traditional legal institutions in the field of law (e.g., criminal law). From the point of view of ethics, the chapter concludes that neuroethics is not challenged by the data coming from the use of emerging neurotechnologies, but human self-perception is strongly affected by it.

scholarly journals The Private Investigator and the Right to Privacy

1969 ◽  
pp. 256 ◽  
Author(s):  
Elaine F. Geddes
Keyword(s):  
United States ◽  
Criminal Law ◽  
Common Law ◽  
The United States ◽  
The Right To Privacy ◽  
Private Investigator ◽  
The Status ◽  
The Common ◽  
The Individual ◽  
The Right

The author examines the law with respect to the status and powers of private investigators and reviews cases in both Canada and the United States involving the activities of private investigators. Possible remedies available against the private investigator, both in tort and criminal law, are reviewed, as well as American cases on the common law of invasion of privacy, Canadian cases under the various provincial Privacy Acts and possible remedies under the Charter of Rights. Privacy is the right of the individual to decide for himself how much of his life, his thoughts, emotions and the facts that are personal to him he will share with others.

The right to an affordable, secure and decent home for all

Housing Shock ◽  
2020 ◽  
pp. 217-236
Author(s):  
Rory Hearne
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Human Dignity ◽  
European Law ◽  
Psychological Approach ◽  
Human Right ◽  
The Status ◽  
Definition Of ◽  
The Right ◽  
The Impact

This chapter outlines the centrality of housing as a home for human dignity and wellbeing, using a social justice, human rights and psychological approach to housing. It details the impact of homelessness and housing insecurity on child and family wellbeing. It explains how and why housing is a human right in international law, including the UN definition of adequate housing, and the right to housing in European law and European countries. It details the new housing movement, The Shift and housing strategies based on human rights, key principles of a human rights-based housing strategy. It then outlines the status of right to housing in Ireland, its absence in law, and recent debates around its inclusion in the Constitution. It details the case for why the Right to Housing should be included in Irish law and the Constitution.

Personal Liability and Human Free Will in the Background of Emerging Neuroethical Issues

2012 ◽  
Vol 3 (2) ◽  
pp. 30-41 ◽  
Author(s):  
Elettra Stradella
Keyword(s):  
Free Will ◽  
Criminal Law ◽  
Human Dignity ◽  
General Framework ◽  
Point Of View ◽  
Constitutional Rights ◽  
Key Concepts ◽  
Legal Concepts ◽  
The Right ◽  
Personal Liability

In this paper, the author analyses the issues connected to emerging neurotechnologies, in particular their effects on (legal) concepts like capacity, liability, testimony, and evidence, and also on fundamental constitutional rights and freedoms like the right to autonomy and the right not to be treated without consent (in the general framework of the principle of human dignity). Starting from preliminary remarks on the key-concepts of neuroethics/technoethics, neurolaw/technolaw, the author investigates how personal liability is changing in the framework of new scientific developments. The paper underlines that neurolaw challenges some of the traditional legal institutions in the field of law (e.g., criminal law). From the point of view of ethics, the paper concludes that neuroethics is not challenged by the data coming from the use of emerging neurotechnologies, but human self-perception is strongly affected by it.

scholarly journals Philosophical Foundation of Chemical Castration for Offenders of Sexual Violence Against Children

2020 ◽  
Vol 4 (1) ◽  
pp. 62
Author(s):  
Henny Yuningsih ◽  
I Nyoman Nurjaya ◽  
Prija Djatmika ◽  
Masruchin Ruba’I
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Criminal Law ◽  
Human Dignity ◽  
First Principle ◽  
Philosophical Foundation ◽  
Chemical Castration ◽  
Security And Protection ◽  
Violence Against Children ◽  
The Right

The rate of sexual violence against children in Indonesia is very alarming. Perpetrators of sexual violence against children are usually adults close to the victim, including family members and neighbors. Sexual violence is a violation of human rights. Sexual violence deprives the victim of security and protection, the right to prosper physically and spiritually, the right to be free from torture or treatment that demean human dignity, and the right to live. Chemical castration stipulated in Law No. 17 of 2016 is a form of punishment that is not under criminal law policy in Indonesia, which is based on Pancasila and the 1945 Constitution. Chemical castration formulated in Article 81 Paragraph (7) is not following the values of Pancasila, especially the first principle, namely belief in One and Only God, and the second principle, just and civilized humanity. Substantially, the castration penalty causes an individual to lose the right to continue the lineage and fulfill basic needs as guaranteed in Article 28B paragraph (1) of the 1945 Constitution. The same thing is stated in Article 10, paragraph (1) of Law No. 39 of 1999 concerning Human Rights.

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