scholarly journals Area, Extent, and Restriction of Fundamental Rights During the Special Legal Order, with Exceptional Regard to the Epidemiological Situation in the Territory of the Slovak Republic

2021 ◽  
Vol 2 (2) ◽  
pp. 81-100
Author(s):  
Dávid Kaščák

The Slovak Republic, as other countries around the world, was affected by the coronavirus pandemic in the first half of 2020. This epidemiological situation has had a substantial social impact on the basis of which it was necessary to take measures that affected the daily lives of individuals. To prevent the spread of the coronavirus, states have often been forced to apply restrictions that were on the verge of acceptance in terms of respect for fundamental rights. Interference with such sensitive issues as fundamental rights and the adaptation of urgent and immediate measures to minimise the spread of the coronavirus had to be effective and conform to the requirements of balance and mutual proportionality. In 2020, the Slovak Republic, as many countries, faced difficulties in the fight against the coronavirus. This paper focuses on this global problem, the steps taken by government officials in the Slovak Republic, and the theoretical basis for respecting and exercising fundamental rights in this area. The aim of the introduction of this professional article is to present the anchoring of fundamental rights and freedoms in the context of revolutionary events. The purpose of the remaining portions of this expert article is to explain and analyse the related and most discussed legal facts that have had a social impact following the discovery of the coronavirus in the Slovak Republic. An additional intention is to elucidate and generalise the solutions that have been introduced in the fight against the pandemic while noting the actual steps taken by the government over time.

2020 ◽  
Vol 13 (1) ◽  
Author(s):  
Nik Norliati Fitri Md Nor ◽  
Siti Masayu Rosliah Abdul Rashid ◽  
Suriati Ghazali

Poverty among the elderly is always a significant concern due to changes in demographic patterns. It's because there is an increasing number of elderly, moreover, about the disability and limited ability of employment in themselves. This situation has an economic and social impact not only on individuals but also family members and the government involved. Therefore this article aims to study the issue of poverty among the elderly. Besides, the study will identify the financial resources obtained in the help of their daily lives. The study has selected a total of 327 older people aged 60 years and above. The study used a quantitative approach using a questionnaire to obtain feedback from respondents on their financial resources and income of respondents. The results of the study found that the majority of respondents answered 50.5% of the primary source of children as the main economic source in addition to other economic resources. Nevertheless, although there are results shown by the respondents, there are various sources as financial resources, but still exist among them. Therefore, it's hoped that the authorities or non-governmental organizations can help the elderly who face the problem of poverty always provide social assistance, especially related to the social security system through medical aspects exempt free hospital medical services, distribution of first-class medical cards or even provide initiatives through the enhancement of additional income programs explicitly implemented for the needy elderly. 


Afrika Focus ◽  
2017 ◽  
Vol 30 (1) ◽  
Author(s):  
Ebenezer Durojaye

The purpose of this article is to examine the socio-cultural challenges that continue to limit women’s enjoyment of their fundamental rights and freedoms in Mozambique. In this regard, this article focuses on three areas of gender inequality – denial of inheritance rights, sexual violence and early/ child marriage -in the country. In addition, the article, using a substantive equality approach, critically examines whether the steps and measures taken by the government of Mozambique to address gender inequality are consistent with its obligations under international human rights law. For the purpose of this analysis, the article focuses on Mozambique’s obligations under the Convention on the Elimination of All forms of Discrimination against Women (CEDAW) and the Protocol to the African Charter on the Rights of Women (African Women’s Protocol). The article concludes by making suggestions on how Mozambique can better safeguard the rights of women and improve their status. Key words : gender inequality, human rights, socio-cultural practices, Mozambique 


2020 ◽  
Vol 12 (2) ◽  
pp. 22-23
Author(s):  
Klaudia Marczyová

The fundamental rights and freedoms, as the highest values in a democratic society, need to be adequately protected, thus states create the mechanisms to protect them. This mechanism of protection of fundamental rights and freedoms also includes the police, especially the Police Force, whose primary task is to protect the life, health, fundamental rights and freedoms of citizens and individuals in the Slovak Republic. The role of the Police Force defining the basic aspects forms the content of this study, with a further focus on the tasks performed by the police. Following the above, the study focusses on the activity of police officers, carrying out service actions and interference with fundamental rights and freedoms. The procedure of the police in carrying out service actions tends to be the subject of further examination due to their appropriateness and legality. This issue is considered highly serious in the society, and recently it has been a subject of not only scientific discussions in the Slovak Republic. Currently, the Academy of the Police Force in Bratislava is carrying out a research project which focussing on service actions with the cooperation of the police experts. The core material is presented in the paper, which aims to point out the basic organisation and activities of the Police Force as the authority responsible for the protection of fundamental rights. The emphasis is put on the selected issues of the police while interfering in human rights and freedoms. Chronologically, from general to specific matters, the paper introduces fundamental rights and freedoms and the police interventions into this area. Theoretical research is supplemented by practical cases, conclusions and possible recommendations for the police practice by the use of several methods, in particular analysis, abstraction and deduction.


2021 ◽  
Vol 37 (3-4) ◽  
pp. 57-80
Author(s):  
Valentino Kuzelj ◽  
Sonja Cindori ◽  
Ana Horvat Vuković

By deliberate choice of the Croatian constitution-makers, the Constitution of the Republic of Croatia protects all economic, social and cultural rights guaranteed by constitutions of developed European democracies and by the International Covenant on Economic, Social and Cultural Rights to which Croatia is a party. This creates a dual (constitutional and international) obligation for the Croatian legislature to establish a socially just order. Although the constitutional text places both of the human rights generations within the same title, the constitutional jurisprudence adopted a position, whereby socioeconomic rights are excluded from the sphere of organic laws used to elaborate the constitutionally guaranteed fundamental rights and freedoms. This development notwithstanding, the potential of their protection before the Constitutional Court has not been reduced, as the Court has developed an impressive list of doctrinal positions on the nature of social rights, committing to the concept of social state as a foundational element of European constitutionalism. Still, we would be remiss if we did not emphasize the Constitutional Court's passive stance towards the political branches of the government regarding the social rights and must therefore plead for a more active approach in that regard.


Global Jurist ◽  
2017 ◽  
Vol 18 (1) ◽  
Author(s):  
Elisa Bertolini

AbstractThe Article analyzes the Internet governance in the Chinese context, with a particular focus on the Xinjiang Uighur Special Administrative Region. China is characterized by a tamed version of the Internet, whose governance is founded on the interaction between a highly sophisticated set of censorship tools and psychological self-censorship. In the Xinjiang Uighur Region, this architecture bonds with the war on Islamic terror. Indeed the censorship grip is stronger in the Islamic region, resulting in frequent cut off from the national Internet and in a slow connection speed. Moreover, the Xinjiang has turned into a laboratory for new censorship tools, which further compress rights and freedoms. Here the infringements affect, besides first generation rights (as in the rest of China), also second generation rights, towards which the government usually shows a great commitment. The result is a censorship that creates two different Internet, thus creating a discrimination between Uighur Chinese and Han Chinese.


Author(s):  
Pablo Sebastián Cejas Romanelli

The results of the appearance of the novel coronavirus meant for many States, the application of restrictive measures of constitutionally protected rights and freedoms, with the aim -preliminarily- of protecting the health and integrity of people. Thus, a real “emergency legal framework” was created, with restrictions on interpersonal contact, and other daily situations in the life of any society. Italy stood out for being the first country where COVID-19 attacked with particular virulence. The first steps of the government at the end of January 2020 were aimed at preventing the entry of people from China, and soon after, put in place much more restrictive measures as the number of deceased patients increased. However, to some extent, all the imposed restrictions seemed to have been a price to be paid in order to protect human health.   Los resultados de la aparición del novel coronavirus significó para muchos Estados, la aplicación de medidas restrictivas de derechos y libertades constitucionalmente tutelados, con el objeto -preliminarmente- de proteger la salud e integridad de las personas. Así, se dio paso a la creación de un verdadero “sistema jurídico de emergencia”, con restricciones al contacto interpersonal, situaciones por demás cotidianas en la vida de cualquier sociedad. Italia se destacó por ser el primer país donde el COVID-19 atacó con particular virulencia. Los primeros pasos del gobierno a finales de enero de 2020 tuvieron el objetivo de impedir el ingreso de personas provenientes de China, para poco después disponer medidas mucho más restrictivas a medida que el número de pacientes fallecidos aumentaba. Sin embargo, en algún punto, las restricciones impuestas se presentan como el precio que se debió pagar a cambio de la salud humana.


Afrika Focus ◽  
2017 ◽  
Vol 30 (1) ◽  
pp. 31-52
Author(s):  
Ebenezer Durojaye

The purpose of this article is to examine the socio-cultur.il challenges that continue to limit women’s enjoyment of their fundamental rights and freedoms in Mozambique. In this regard, this article focuses on three areas of gender inequality- denial of inheritance rights, sexual violence and early/ child marriage-in the country. In addition, the article, using a substantive equality approach, critically examines whether the steps and measures taken by the government of Mozambique to address gender inequality are consistent with its obligations under international human rights law. For the purpose of this analysis, the article focuses on Mozambique’s obligations under the Convention on the Elimination of All forms of Discrimination against Women (CBDAW) and the Protocol to the African Charter on the Rights of Women (African Women’s Protorol). The article concludes by making suggestions on how Mozambique can better safeguard the rights of women and improve their status.


Author(s):  
Jonathan Laurence

This book traces how governments across Western Europe have responded to the growing presence of Muslim immigrants in their countries over the past fifty years. Drawing on hundreds of in-depth interviews with government officials and religious leaders in France, Germany, Italy, the Netherlands, the United Kingdom, Morocco, and Turkey, the book challenges the widespread notion that Europe's Muslim minorities represent a threat to liberal democracy. The book documents how European governments in the 1970s and 1980s excluded Islam from domestic institutions, instead inviting foreign powers like Saudi Arabia, Algeria, and Turkey to oversee the practice of Islam among immigrants in European host societies. But since the 1990s, amid rising integration problems and fears about terrorism, governments have aggressively stepped up efforts to reach out to their Muslim communities and incorporate them into the institutional, political, and cultural fabrics of European democracy. The book places these efforts—particularly the government-led creation of Islamic councils—within a broader theoretical context and gleans insights from government interactions with groups such as trade unions and Jewish communities at previous critical junctures in European state-building. By examining how state–mosque relations in Europe are linked to the ongoing struggle for religious and political authority in the Muslim-majority world, the book sheds light on the geopolitical implications of a religious minority's transition from outsiders to citizens. This book offers a much-needed reassessment that foresees the continuing integration of Muslims into European civil society and politics in the coming decades.


MedienJournal ◽  
2017 ◽  
Vol 30 (2-3) ◽  
pp. 37
Author(s):  
Li Xiguang

The commercialization of meclia in China has cultivated a new journalism business model characterized with scandalization, sensationalization, exaggeration, oversimplification, highly opinionated news stories, one-sidedly reporting, fabrication and hate reporting, which have clone more harm than good to the public affairs. Today the Chinese journalists are more prey to the manipu/ation of the emotions of the audiences than being a faithful messenger for the public. Une/er such a media environment, in case of news events, particularly, during crisis, it is not the media being scared by the government. but the media itself is scaring the government into silence. The Chinese news media have grown so negative and so cynica/ that it has produced growing popular clistrust of the government and the government officials. Entering a freer but fearful commercially mediated society, the Chinese government is totally tmprepared in engaging the Chinese press effectively and has lost its ability for setting public agenda and shaping public opinions. 


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