scholarly journals Connecting Gender Identity and Freedom of Conscience in Recent Romanian Constitutional Case-Law

2021 ◽  
Vol 5 (2) ◽  
pp. 43-60
Author(s):  
Mihail Stănescu-Sas
Keyword(s):  
Gender Identity ◽  
Freedom Of Expression ◽  
World View ◽  
Constitutional Court ◽  
Freedom Of Conscience ◽  
National Education ◽  
Identity Recognition ◽  
Legal Nature ◽  
Scope Of Application ◽  
The Right

The Constitutional Court of Romania has recently ruled unconstitutional a new provision amending the Law regarding national education, meant to prohibit “any activity of disseminating the theory or opinion of gender identity, understood as the theory or opinion that gender is a concept different from biologic sex and that the two are not always the same”. This provision was found in breach of several constitutional principles, including freedom of conscience and freedom of expression. This decision makes for a brief ingression into the legal nature of gender identity and that of freedom of conscience, allowing for the former to serve as a means to clarifying the scope of application of the latter. Since gender identity recognition is not a “world view”, but a reflection of diversity which is integral to a plural, democratic society, the only way the said provision breached freedom of conscience involved its interior dimension: the freedom of thought of pupils and students. But it did not even involve an interference with the right to manifest a “conviction”, as far as pupils, students and also teachers are concerned. Nonetheless, it breached their freedom of expression.

Introduction

2018 ◽  
Author(s):  
Allan Hepburn
Keyword(s):  
Human Rights ◽  
Church Of England ◽  
Freedom Of Expression ◽  
Roman Catholicism ◽  
Freedom Of Conscience ◽  
Oxford Movement ◽  
The Right To Privacy ◽  
The Right ◽  
Race And Religion ◽  
The Church

In the 1940s and 1950s, Britain was relatively uniform in terms of race and religion. The majority of Britons adhered to the Church of England, although Anglo-Catholic leanings—the last gasp of the Oxford Movement—prompted some people to convert to Roman Catholicism. Although the secularization thesis has had a tenacious grip on twentieth-century literary studies, it does not account for the flare-up of interest in religion in mid-century Britain. The ecumenical movement, which began in the 1930s in Europe, went into suspension during the war, and returned with vigour after 1945, advocated international collaboration among Christian denominations and consequently overlapped with the promotion of human rights, especially the defence of freedom of worship, the right to privacy, freedom of conscience, and freedom of expression.

scholarly journals Primary law in medicine, its legal nature

2018 ◽  
Vol 40 ◽  
pp. 01002
Author(s):  
K. Zarins
Keyword(s):  
Supreme Court Decision ◽  
Court Decision ◽  
Constitutional Court ◽  
Right To Life ◽  
Economic Interests ◽  
Economic Opportunities ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Right

Thework will discuss the problems arising from the thesis that the economic opportunities are incompatible with the person's primary law - the right to life and equality of treatment. An actively maintained hypothesis claims that the country's economic opportunities and funding should not restrict or reduce a person's right to life and health. In this aspect, it will also study the role of the constitutional court. The author points to the fact that the adoption of such, here the Supreme Court decision, successive constitutional court for a preliminary inaccurate claim and interpretation of the country's economic interests, could deny the right of people to life only after the consideration that they are of no use and financially expensive to be maintained.

11. Thought, expression, association, and assembly

2017 ◽  
Author(s):  
Dominic McGoldrick
Keyword(s):  
Freedom Of Expression ◽  
Freedom Of Information ◽  
Freedom Of Conscience ◽  
Freedom Of Association ◽  
Public And Private ◽  
Fundamental Freedoms ◽  
Common Interests ◽  
Freedom Of Thought ◽  
The Right ◽  
Right Of Assembly

This chapter discusses the sources, scope, and limitations of the four fundamental freedoms: thought, expression, association, and assembly. Freedom of thought includes freedom of conscience, religion, and belief. Freedom of expression includes freedom of opinion and freedom of information. Freedom of association concerns the right to establish autonomous organizations through which individuals pursue common interests together. The right of assembly protects non-violent, organized, temporary gatherings in public and private, both indoors and outdoors.

scholarly journals Menyoal Kebebasan Beragama dan Penodaan Agama Di Indonesia

2015 ◽  
Vol 3 (2) ◽  
pp. 195-212
Author(s):  
Yayan Sopyan
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Religious Beliefs ◽  
Freedom Of Expression ◽  
Freedom Of Speech ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Reform Era ◽  
The Republic ◽  
The Right

Abstract: Questioning the Religious Freedom and blasphemy in Indonesia. The presence of the Constitutional Court in the reform era is the strengthening of the foundations of constitutionalism in the Constitution of the Republic of Indonesia Year 1945. The Court in this case a role to enforce and the protector of the citizen's constitutional rights and the protector of the human rights. Including in this case, the right to religion and religious practices and teachings of their respective religions, in accordance with the constitutional mandate. However, on the other hand there is the discourse of freedom of expression and freedom of speech includes freedom to broadcast religious beliefs and understanding of the "deviant" and against the "mainstream" religious beliefs and understanding in general, as in the case of Ahmadiyah. The Court in this case is required to provide the best attitude when faced judicial review in this case still required in addition to guarding the constitution in order to run properly.   Abstrak: Menyoal Kebebasan Beragama dan Penodaan Agama di Indonesia. Kehadiran lembaga Mahkamah Konstitusi di era reformasi merupakan upaya penguatan terhadap dasar-dasar konstitusionalisme pada Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. MK dalam hal ini berperan menegakkan dan melindungi hak-hak konstitusional warga negara (the protector of the citizen’s constitutional rights) dan pelindung HAM (the protector of the human rights). Termasuk dalam hal ini, hak untuk memeluk agama dan menjalankan ibadah serta ajaran agamanya masing-masing, sesuai dengan amanat konstitusi. Namun, disisi lain ada wacana kebebasan berekspresi dan kebebasan berpendapat termasuk didalamnya kebebasan untuk menyiarkan keyakinan dan pemahaman keagamaan yang “menyimpang” dan bertentangan dengan “mainstream” keyakinan dan pemahaman keagamaan pada umumnya, seperti dalam kasus Ahmadiyah. MK dalam hal ini dituntut untuk mampu memberikan sikap terbaik saat dihadapkan judicial review dalam kasus ini selain tetap dituntut untuk mengawal konstitusi agar dapat berjalan sebagaimana mestinya. DOI: 10.15408/jch.v2i2.2314

scholarly journals Has the Balance been Struck The Decision in Johncom Media Investments Limited v M 2009 4 SA 7 (CC)

2017 ◽  
Vol 14 (1) ◽  
pp. 215
Author(s):  
Latiefa Albertus
Keyword(s):  
Freedom Of Expression ◽  
Constitutional Court ◽  
The Right

The case of Johncom Media Investments Limited v M 2009 4 SA 7 (CC) required of the Constitutional Court to strike a balance between the rights to privacy and the right to freedom of expression as a consequence of section 12 of the Divorce Act 70 of 1979. According to the Court, it felt that the "remedy" it provided was the best under the circumstances. However, there are certain concerns regarding the Court’s judgment which require clarification, possibly through legislative intervention

scholarly journals Libertad de expresión y derecho de defensa frente al ius puniendi de la administración: una visión a la luz de la más reciente jurisprudencia constitucional = Freedom of expression and right of defense opposite to the ius puniendi of the administration: a vision in the light of the most recent constitutional jurisprudence

2017 ◽  
pp. 135
Author(s):  
José Mateos Martínez
Keyword(s):  
Present Article ◽  
Freedom Of Expression ◽  
Civil Servant ◽  
Constitutional Court ◽  
First Person ◽  
Legal Aid ◽  
Disciplinary Process ◽  
The Right ◽  
Constitutional Jurisprudence

RESUMEN: El presente artículo analiza el reforzamiento de la libertad de expresión que se produce cuando ésta es ejercida en conexión con el derecho de defensa, y se centra en un concreto supuesto que ha sido recientemente examinado por el Tribunal Constitucional: el ejercicio del derecho de defensa en primera persona por un funcionario que es objeto de un expediente disciplinario. A la vez que estudiamos la solución dada por el TC al citado caso, reflexionamos sobre los efectos de la misma más allá del caso específico que resuelve, planteando la posibilidad de su extrapolación a la generalidad de supuestos donde el ciudadano ejerce su derecho de defensa en primera persona y sin asistencia letrada. ABSTRACT: The present article analyzes the reinforcement of the freedom of expression that takes place when this one is exercised in connection by the right of defense, and centres on a concrete supposition that has been recently examined by the Constitutional Court: the exercise of the right of defense in the first person for a civil servant who is an object of a disciplinary process. Simultaneously that we study the solution given by the Constitutional Court to the mentioned case, we think about the effects of the same one beyond the specific case that resolves, raising the possibility of its extrapolation to the generality of suppositions where the citizen exercises his right of defense in the first person and without legal aid service.PALABRAS CLAVE: libertad de expresión, derecho de defensa, funcionario público, autotutela, expediente disciplinario.KEYWORDS: freedom of expression, right of defense, civil servant, autoguardianship, disciplinary process.

Problematic issues of application of terms of appeal to court in the consideration of labor disputes on remuneration

2021 ◽  
pp. 105-109
Author(s):  
V. Mamai
Keyword(s):  
Practical Problem ◽  
Case Law ◽  
Constitutional Court ◽  
Court Decisions ◽  
Labor Disputes ◽  
Legal Provisions ◽  
Legal Nature ◽  
The Supreme Court ◽  
Functional Orientation ◽  
The Right

The articles explore the practical problems of the application of procedural deadlines in the consideration of labor disputes relating to remuneration, their application. The article proclaims the practical problem of choosing the terms proposed in Article 233 of the Labor Code of Ukraine. Thus, it is determined that when applying the terms proposed in Part 2 of Article 233 of the Labor Code of Ukraine, does not necessarily expand the understanding of the category of “wages” and “wages”. Pay attention to the solution of this issue in the articles on all developed cooperation, the concept of “wages” and “wages”, which is used in Part 2 of Article 233 of the Labor Code of Ukraine, the relevant decision of the Constitutional Court of Ukraine is analyzed. By solving the problems of the legal nature of the payments involved to employees for recovery, which can be applied to Part 2 of Article 233 of the Labor Code of Ukraine, the author conducted a study and analysis of recent case law and examples of court decisions, namely the rulings of the Supreme Court and decisions of the Constitutional Court of Ukraine, in this court with the formation of clear legal provisions governing the legal nature of payments. this can be used Part 2 of Article 233 of the Labor Code of Ukraine. Also the question of structure of a salary, its basic elements, the analysis of provisions of the basic regulatory legal acts, both laws, and by-laws regulating the certain questions is investigated. The article concludes that the concepts of “wages” and “wages”, which are used in Part 2 of Article 233 of the Labor Code of Ukraine are identified. To this notion of “wages” it is proposed to create an extensive structure of payments. The criterion for canceling the payment to the structure of wages is the founder of the connection of such payment with the performance of duties of employees and its functional orientation (from the creation and incentives). In view of this, the author supports the view that Part 2 of Article 233 of the Labor Code of Ukraine can not join the dispute over the recovery of these amounts, the right to quality applies to employees as a result of breach of their obligations by employers (Articles 117, 235, 236, 237-1 of the Labor Code of Ukraine)

The right to the protection of religious feelings versus freedom of expression in the light of the Constitution of the Republic of Poland and the European Convention on Human Rights

2019 ◽  
Vol 1 (2) ◽  
pp. 58-83
Author(s):  
Janusz Roszkiewicz
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Point Of View ◽  
European Convention ◽  
Constitutional Court ◽  
A Value ◽  
European Court ◽  
The Republic ◽  
The Right

This article concerns the right to the protection of religious feelings as a value which justifies a restriction of freedom of expression. The right to the protection of religious feelings can be protected by three methods: civil, penal and administrative. The issue is discussed from the point of view of the Constitution of the Republic of Poland and the European Convention on Human Rights, with particular emphasis on the case-law of the Polish Constitutional Court and the European Court of Human Rights in Strasbourg.

PROBLEM OPSTANKA BRAKA NAKON PRAVNE PROMENE POLA JEDNOG OD SUPRUŽNIKA

2021 ◽  
pp. 423-435
Author(s):  
Veljko Vlašković ◽  
Keyword(s):  
Gender Identity ◽  
Legal Status ◽  
Constitutional Court ◽  
Legal Change ◽  
Same Sex ◽  
Gender Reassignment ◽  
The Will ◽  
Birth Records ◽  
The Right ◽  
Domestic Law

By its decision in case Goodwin v. United Kingdom (2002), The European Court of Human Rights has established positive obligation of states parties to find appropriate means of achieving legal recognition of one’s gender reassignment in the context of the right to protection of private life. Under the direct influence of the mentioned judgement, Constitutional Court of Serbia was deciding on constitutional complaint of a transsexual in 2012 and made the decision that administrative authorithies dealing with civil status registry have subject-matter jurisdiction to enter gender reassignment data in birth records. After, The Law on Civil Records was amended in 2018 enabling adoption of by-law act that esentially involves substantial requirements for legal recognition of preferred gender in birth records. Hence, it is possible for a transsexual to have his/her preferred gender legally recognized during the marriage. Since domestic law still does not allow same-sex marriages, the issue of such marriage survival may arise when both spouse accept legal gender reassignment deciding not to break up their marriage bond. The problem of marriage survival after legal gender reassignment in states that have enabled same-sex marriage is part of legal history. However, for legislations that insist on the heterosexual idea of marriage, these cases give rise to legal difficulties. The historical-legal and comparative-legal approach indicate that after the legal change of gender during the marriage, the values of marriage and the right to gender identity are viewed as opposites. In this regard, a transgender person is required to sacrifice marriage or to renounce his or her right to gender identity. However, the law of Serbia on this issue is, to put it mildly, indefinite. Thus, on the one hand, the Serbian Constitution supports the heterosexual view of marriage, while on the other hand it guarantees the freedom of divorce and the inviolability of human dignity. At the same time, the existing rules on the conditions for legal gender reassignment do not regulate the question of the fate of such a marriage. At the same time, within the framework of the domestic legal order, there is no direct legal means by which the mentioned same-sex marriage would end against the will of the spouses. Ultimately, there is a dilemma as to whether the preservation of the institution of marriage can be insisted on at the expense of the will of the spouses as individuals. According to domestic law, a legal change of gender in the birth records occurs on the basis of a constitutive administrative act of the municipal or city administration responsible for keeping the civil records. The mentioned administrative act determines the gender reassignment on the basis of the certificate of the appropriate health institution. The effect of gender reassignment is tied to the date of the decision of the administrative body and is valid for the future. Thus, a legal change of gender does not affect the parental relationship that may have been previously established between the person who legally changed the gender and the child. Therefore, imposing the termination of a marriage after a legal reassignment of gender of one of the spouses cannot be acceptable. However, as marital status is only one segment of the legal status of transgender persons, it is necessary to enact a special law that would regulate their legal status and eliminate problems that may arise in practice. In the case of a possible procedure for assessing constitutionality and legality, the decision of the Constitutional Court of Germany from 2008 should serve as a guide for the Constitutional Court of Serbia. According to this decision, the marriage would remain valid even after the legal change of gender of one of the spouse until the special legislation that would determine the manner of exercising the right to gender identity is adopted in cases when spouses do not want divorce.

Case Comment: Do Indigenous Peoples Have a Right to Limit Religious Proselytism Activities in Their Territories?

2021 ◽  
pp. 1-9
Author(s):  
Trilce Gabriela Valdivia Aguilar
Keyword(s):  
Cultural Identity ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Constitutional Court ◽  
Spiritual Renewal ◽  
Freedom Of Conscience ◽  
The Right

Abstract In ruling T-1022/01, the Colombian Constitutional Court responded to a claim brought by a member of the United Pentecostal Church of Colombia against the Yanacona Indigenous Council. The claimants alleged the violation of their rights to freedom of conscience, worship, and dissemination of thought based on two facts: (a) the refusal of their petition to carry out a “Spiritual Renewal Day” in the main square of the indigenous reservation of Caquiona, and (b) the interruption of the religious gatherings of the United Pentecostal Church of Colombia, as well as the prohibition of their pastors entering the indigenous reservation territory. The Court found no violation of the rights alleged. The purpose of this comment is to explore the understanding by the Colombian Constitutional Court of the right to cultural identity of indigenous communities, focusing particularly on whether it encompasses the right to be free from religious proselytism.

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