The Health Care System Debate and the Health Care Policy of a Unified Nation Immediately after the Liberation

Immediately after the liberation, the health care system debate was studied focusing on the orientation of the American and Soviet medical systems, roughly divided into Lee Yong-seol and Choi Eung-seok. However, the existence of people who are not explained in the American and Soviet health care systems’ orientation led to the need to reconsider the existing premise. Therefore, this study identifies the characters that were not explained in the perspective of existing studies, and reevaluates the arguments of Lee Yong-seol and Choi Eung-seok. This paper raises the following questions: First, what is the background of the policy orientation that Lee Yong-seol and Choi Eung-seok had? Second, if there are people who made different arguments from Lee Yong-seol and Choi Eung-seok, what direction did they set and argue? third, how the orientations of Lee Yong-seol and Choi Eung-seok and etc. converge into the answer to the Joint Soviet-American Commission? In response to theses questions, this study confirms the following: first, Lee Yong-seol’s and Choi Eung-seok’s health care policies were established based on realism and empiricism. As a policyholder, Lee Yong-seol emphasized withholding medical state administration and raising the level of medical education and medical systems according to the condition at that time, although the American system was mobilized by Lee as the basis for his judgment and administrative assets. On the other hand, Choi Eung-seok aimed for a Soviet-style systems in health care but this was realistically put on hold. Choi insisted on the establishment of the Medical Service Associations and rural cooperative hospitals that appeared in Japan’s medical socialization movement. In summary, immediately after the liberation, Lee Yong-seol’s and Choi Eung-seok’s policy arguments were based on policies that could be implemented in Korea, and the American system and Soviet system served as criteria for the policy resources. Second, Jeong Gu-chung and Kim Yeon-ju show that the topography of the health care debate immediately after the liberation was not represented only by Lee Yong-seol and Choi Eung-seok. Both Jeong and Kim were consequently led to medical socialization, which was the implementation of a health care system that encompasses social reform, but the context was different. Jeong drew the hierarchy of the health care system, which peaked in the United States, from the perspective of social evolution based on his eugenics, but the representation suitable for Korea was the Soviet model absorbed into his understanding. On the contrary, Kim argued that representations suitable for Korea should be found in Korea. As national medical care, Kim’s idea aimed at a medical state administration that provides equal opportunities for all Koreans. Third, the aspect of convergence to the Joint Soviet-American Commission reply proposal was complicated. Among the policies of Lee Yong-seol, the promotion of missionary medical institutions and the gradual planning of medical institutions converged into the three organizations’ proposal, and Choi Eung-seok’s policy was almost the same as that of the Democracy National Front and the South Korean Labor Party. However, the medical system of Japan, the colonial home country, appears to have been based on Lee Gap-soo, chairman of the Korean Medical Association in the colonial period, and the plan was in line with the use of the union system of the left-wing organizations’ proposal in the south. It was in accordance with a common task to expand health care from colonial conditions to different status.

Housing as a Human Right within an Era of International Exceptionalism

The right to adequate housing is an internationally recognized human right, yet it has been incontrovertibly desecrated by a lack of recognition, disproportionately affecting vulnerable groups. Economic, social, and cultural rights have encountered many challenges in an ever-increasing era of international exceptionalism and challenges arise in the protection of these rights. The right to housing is achieved in two ways: as a normative right and as a derivative right encompassed within economic, social, and cultural rights. This article introduces: (1) the normative development of economic, social, and cultural rights as recognized human rights, and their regulatory implementation through international instruments; (2) the concept of individuals as right-holders and duty-bearers of economic, social, and cultural rights; (3) understanding how the restriction of the right to housing leads to the violation of other human rights, including (a) the right to life, (b) the right to freedom from discrimination, and (c) the right to humane treatment – and the types of vulnerable groups that face the most discrimination, such as indigenous persons and women; and (4) protection against forced evictions, through an examination of the jurisprudence of the Inter-American System, European Court of Human Rights, and African Court on Human and Peoples’ Rights.

Human Rights in Times of the Pandemic: A Dialogue on Migration and Indigenous Rights in Brazil before the Regional Inter-American System

This paper using the deductive method of approach based on regional scope for the protection of human rights, aims to demonstrate that the Brazilian state actions took during the pandemic, in terms of strategies, policies and measures to deal with the COVID-19 pandemic had severe consequences specially for indigenous and migrants population in Brazil, increasing the level of vulnerability of that population in its territory. It will also consider that in spite of adhering the unconditional observance of inter-American and international standards on human rights, the Brazilian government ignored such agreements and therefore causing social economic losses and about hundreds of deaths.

The Inter-American Rule of Law in South American constitutionalism

The objective of this text is to present the modification of the conception of Rule of Law in the South America constitutionalism, from the dialogue and synergy between the Inter-American System of Human Rights and the new constitutions that emerged after dictatorships, authoritarian regimes, and internal wars, taking Operation Condor as a clandestine inter-American system or as unconventional status quo. We problematize how it is possible to speak of "Inter-American Rule of Law", which means the reconstruction of that State compatible with the ACHR in the Legislative, Executive and Judiciary spheres, as well the conventionality control and the standards emanating from the IACourtHR to laws, public policies, and national court decisions. Therefore, we defend the thesis that this dialogue can be the key to access the engine room of the constitutions, with the pro persona principle. The methodology used was a theoretical and normative approach, from a hypothetical deductive perspective and prioritizing as sources the bibliography and the caselaw of the IACourtHR.

Expanding the Protection of Children’s Rights towards a Dignified Life: The Emerging Jurisprudential Developments in the Americas

The Inter-American Court of Human Rights (IACrtHR) has developed in recent years an innovative jurisprudence that has integrated the entity and extension of States’ obligations regarding children’s rights—as established in Article 19 ACHR—through the evolutive, dynamic, and effective interpretation of the American Convention on Human Rights (ACHR). In fact, by acknowledging the existence of an international corpus juris for the protection of children’s rights, the Court has examined this provision in the light of instruments enshrined within the corpus juris, such as the UN Convention of the Rights of the Child. This process of normative integration was not only limited to the application of international instruments adopted outside of the Inter-American system, but also includes internal references to interconnected rights recognised within the American Convention. Consequently, by analysing the scope of Article 19 ACHR in the light of Article 4 ACHR (right to life) and the corpus juris for the protection of children, the Inter-American Court has further expanded the protection of children’s rights towards the protection of the right to a dignified life. While focusing on the landmark jurisprudence developed by IACrtHR, this paper seeks to unveil the hermeneutical paths undertaken by the regional tribunal in connection with the systemic integration of Article 19 ACHR. In particular, it focuses on the emerging jurisprudential development of positive obligations upon States Members regarding the effective protection of children’s right to a dignified existence.

STEM Education

The purpose of the study is to analyze the key challenges in the implementation of STEM education in Russia and the largest economies in terms of employment promotion and increasing students’ competitiveness. The research is based on the system analysis aimed at assessing the current status of STEM education in Russia and highlighting its key problems, and the comparative analysis is focused on comparing the approaches to STEM education implementation in Russia and other countries. It has been shown that STEM approach is being most actively implemented in the American system of education, which attracts young people to STEM careers through state and non-formal STEM education programs. The research describes a scheme of cooperation and partnership between stakeholders and the federal coordinating body of the Russian Federation providing support for the STEM education and aimed at the interaction between state and public institutions.

PROVIDING FREE LEGAL ASSISTANCE TO PERSONS SENTENCED TO IMPRISONMENT IN RUSSIA AND THE USA: A COMPARATIVE ANALYSIS

Статья посвящена исследованию опыта оказания бесплатной юридической помощи осужденным к лишению свободы в США, а также проведению сравнительного анализа данного и отечественного опыта. Целью работы является изучение основных организационных аспектов и правовых основ оказания юридической помощи такой категории граждан, как осужденные, с целью установления закономерностей и выявления возможности использования положительных аспектов указанного опыта в российском законодательстве. Методы, использующиеся при написании статьи: диалектический, анализ, синтез, сравнительно-правовой. В статье последовательно изучается организация оказания бесплатной юридической помощи осужденным и их родственникам в различных регионах (штатах) США. Особое внимание уделяется субъектам оказания помощи, а также специфике отдельных механизмов и особенностей работы организаций по оказанию безвозмездной помощи осужденным. В качестве особенности американской системы оказания правовой помощи автор особенно выделяет предметный (специализированный) подход к вопросам оказания помощи - отдельные организации занимаются оказанием помощи по выбранному узкому кругу вопросов. Исследование российского опыта правовой помощи осужденным позволяет отметить некоторые преимущества. Вместе с тем, анализ проблем, существующих в системе оказания бесплатной юридической помощи осужденным к лишению свободы, позволил сделать вывод о необходимости совершенствования системы юридической помощи в России. В результате работы выявлен положительный опыт, возможный для применения в российском законодательстве. The article is devoted to the study of the experience of providing free legal assistance to those sentenced to imprisonment in the United States, as well as to the comparative analysis of this experience and that available in domestic practice. The purpose of this work is to study the main organizational aspects and legal foundations of providing legal assistance to such a category of citizens as convicts in order to establish patterns and identify the possibility of using the positive aspects of this experience in Russian legislation. Methods used in this study: dialectical method of cognition, analysis, synthesis, methods of comparative law. The article consistently examines the organization of the provision of free legal assistance to convicts and their relatives in various regions (states) of the United States. Great attention is paid to the subjects of assistance, as well as the specifics of individual mechanisms and features of the work of organizations to provide gratuitous assistance to convicts. As a feature of the American system of providing legal assistance, the author especially highlights the subject (specialized) approach to assistance issues - individual organizations are involved in providing assistance on a selected narrow range of issues. The study of the Russian experience of legal assistance to convicts reveals some advantages. At the same time, the analysis of the problems existing in the system of providing free legal assistance to those sentenced to imprisonment made it possible to conclude that it is necessary to improve the system of legal assistance in Russia. As a result of the work, a positive experience was revealed that could be applied in Russian legislation.

Implementation of the recommendations of the Inter- American Commission on Human Rights in the Brazilian constitutionalism: proposals and perspectives

Based on the study of some Brazilian cases submitted to the Inter-American Commission on Human Rights, this article aims to identify proposals to overcome common Latin- American challenges in the implementation of international recommendations. In the first part, in a retrospective analysis, several emblematic Brazilian cases and their domestic impacts and changes are addressed. In a second part, with a prospective view guided by the domestic contributions to which the Inter-American System is oriented, highlights the current system’s challenges. At this stage, proposals to overcome challenges are outlined, especially regarding the obstacles to implement the Commission’s recommendations, where the main results of the article arise. The reason for this study stands on the conviction that the compliance with international recommendations is the element that guarantees the exercise of the transformative potential of Human-Rights Systems. With the methodological research based on a bibliographical research and case law, the role of the Inter-American Commission is redesigned in the light of a dialogical triad composed by the organs of the International System, the States constitutionalism and organised civil society.

Second-Personal Evidence

This chapter draws on Hohfeld’s scheme of jural opposites and correlatives to identify the irreducibly second-personal nature of legal entitlements and the interplay between the right-holder’s authority and the duty-bearer’s accountability. Based on that insight, the author argues that facts that courts need to ascertain and—critically—the procedures that courts must carry out in ascertaining those facts, ought to be second-personal as well. As a corollary, courts must only rely upon second-personal evidence, that is: upon information concerning the alleged jural relationship between the holder of the underlying entitlement and the bearer of the correlative duty or obligation. Further, this fundamental requirement defines the modus operandi of the Anglo-American system of evidence and its core rules.