Article 16: The Right to Protection of Privacy

This chapter provides a brief overview of article 16 of the UN Convention on the rights of the child and of its legislative history as outlined in the Travaux Préparatoires. It outlines the principle threats to children’s privacy today and summarizes the substantive content of Article 16, particularly in relation to the General Principles of child rights in Articles 2, 3, 6, and 12, as well as the nexus between the right to privacy and several other rights of children under the Convention as well as other international human rights instruments. It then puts forward four main attributes of the child’s right to privacy as aspects of the right which State Parties should monitor as a means of measuring the effective implementation of Article 16. The essential attributes of Article 16 and the child’s right to privacy are State protection against: (1) interference with privacy; (2) interference with family, home or correspondence; (3) unlawful attacks upon honour and reputation; and (4) protection of the law against unlawful interference or attacks.

Administrative and legal means of preventing interference (pressure) in the legitim work of law-enforcement authorities at the institutional level

A modern vision of the concept of preventing and counteracting interference (pressure) in the legitim work of law-enforcement authorities as a complex task of public policy, the implementation of which requires the use of a number of administrative, legal, organizational, informational tools are offered in the article. Nationwide factors that have become prerequisites for increasing the relevance of the topic at the legislative and doctrinal levels are identified. They are the following: 1) the natural development of the domestic legal system, strengthening the integration of the European legal tradition; 2) the increase in unjustified pressure on law enforcement agencies in connection with their systemic activities. Interference in the work of law-enforcement authorities can be legal, illegal, quasi-legal. The forms of influence expression are: active one (for example, media attacks) or passive form (non-appointment of the head). The influence expression is classified according to the following gradation: interference, obstruction (blocking), inclination to make decisions, threats, etc. Studying of forms of influence is necessary for forming an adequate policy to respond to them. The article emphasizes that in addition to lawful and unlawful interference, there is another act that does not contain the elements of an offense, instead, covering the abuse of a certain right, creates obstacles to the effective performance of law enforcement functions. The author notes that the introduction of modern psychological forms of law-enforcement officers’ protection helps to increase their professional suitability, ability to withstand threats and challenges. Key words: law-enforcement authorities, obstruction, interference, unlawful influence, independence of law-enforcement institution, criticism.

Feasibility of Reducing Operator-to-Passenger Contact for Passenger Screening at the Airport with Respect to the Power Consumption of the System

So far, airport security screening has only been analysed in terms of efficiency, level of service, and protection against any acts of unlawful interference. Screening procedures have not yet addressed the need to limit operator-to-passenger contact. However, the pandemic situation (COVID-19) has shown that it is a factor that can be a key protection for the health of passengers and operators. The purpose of this paper was to analyse the feasibility of reducing contact between operators and passengers in the airport security screening system by process management with respect to the power consumption of the system. Experimental research was conducted on a real system. A computer simulation was applied to estimate system performance and power consumption. The paper identifies the important findings that expand upon previous knowledge. The results showed that there are two key factors: the experience of operators and proper system structure. These factors can significantly reduce the number of operator-to-passenger contacts and, in parallel, provide lower energy consumption of the system. The results obtained in this article showed that proper management improves the process by up to 37%. This approach expands the World Health Organization’s policy of prevention against COVID-19 and helps to ensure sustainable process management.

Specifics pertaining to the implementation of international conventions related to civil aviation into national legislations

The paper considers the implementation of the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation and the Protocol supplementing The Hague Convention for the Suppression of Unlawful Seizure of Aircraft into the national legislations of ICAO Member States. The analysis of criminal acts is carried out and the appropriate determination is given. Taking into account the content of the Convention in reference to acts of unlawful interference committed against the aircraft safety, the authors propose conceptual approaches which help to efficiently amend various legal documents, applying special legislative means. The paper also discusses the relevant criminal issues related to air transportation of biological, chemical, and nuclear weapons with the supplementary materials included. Strict attention is paid to the issue of criminal liability of legal entities for violations of aircraft safety. To foster the ratification of pertinent legal documents, the authors describe methods that help to develop necessary amendments and additions.

PROBLEMATIC ISSUES OF SECURITY IN UNDERGROUND RAIL TRANSPORT

The article examines historical examples of terrorist attacks on transport infrastructure facilities, notes the potential vulnerabilities of the current security system and suggests ways to counter acts of unlawful interference. Key words: transport security, terrorism, metro security, poisonous substances, chemical weapons, acts of unlawful interference, ensuring the security of transport infrastructure.

Analysis of the Application of the Methods of the Displaced Ideal and the Hierarchy Analysis when Сategorizing the Object of Fuel and Energy Complex

The article deals with the issues of ensuring industrial safety of the objects of fuel and energy complex and hazardous production facilities in other sectors of the national economy. It is recommended to analyze the consequences of emergencies considering the importance of such criteria, as the emergency area, the amount of social damage, the amount of economic damage. At the stage of determining the importance of the above criteria, the study is carried out related to possible scenarios of an emergency development. The importance of the criteria is determined by using the methods of expert evaluations, which allow to use decision-making methods: the method of hierarchy analysis and the method of the displaced ideal. The likely violator will seek to have a destructive impact on the vulnerable areas of hazardous production facilities with the prospect of developing an emergency in scenarios with the most destructive consequences. Therefore, the application of multicriteria optimization methods to predict the development of an emergency, in particular, the method of the displaced ideal and the method of hierarchy analysis, will allow to objectively identify among possible combinations of failures the priority scenario, that a potential internal violator will strive to implement. In turn, the determination of vulnerable for committing an act of unlawful interference (through technical influence by the violator) in the production and technological process will allow the preventive use of the method of physical safety barriers to enhance technological safety. The section of the process flow diagram — isomerization reactor furnace at the organic synthesis facility is considered in the article. The method of the displaced ideal and the full method of hierarchy analysis determine the same, the most prioritized combination for the violator. The software implementation of this approach for determining the priority scenario for the development of an emergency will allow to develop the decision-making technology at hazardous production facilities in matters of ensuring industrial safety within the framework of the strategy for the development of artificial intelligence in industry.

PENALIZATION OF ILLEGAL INTERFERENCE IN THE OPERATION OF THE AUTOMATED COURT DOCUMENT SYSTEM IN UKRAINE

In the article the authors consider the institute of penalization in general and penalization of illegal interference in the work of the automated document management system of the court in Ukraine in particular. It is indicated that the study of sanctions of criminal law, and in particular Art. 376-1 of the Criminal Code of Ukraine, which provides for criminal liability for unlawful interference in the automated document management system of the court, allows us to conclude that the legislator does not always correctly correlate the public danger of an illegal act, its consequences for the state and society. According to the author, the concept of penalization is somewhat narrower than penalization. This can be explained by the fact that criminal law, despite all its humanity, is an instrument, first of all, punitive, and only then educational influence. In most cases, correction is achieved through punishment in its purest form. That is why the measures and means of alternative work with a criminal offender, which consists in release from punishment are very limited. Therefore, depenalization is a mirror image of penalization, in its narrower sense. The author's definition of penalization is offered, which should be understood as a component of criminal law policy, which is a set of mutually agreed principles, laid down in the content of punishment and implemented in the form of sanctions of the Special Part of criminal law. It is concluded that currently the types of penalties provided for illegal interference in the work of the automated document management system of the court are not fully effective and do not correspond to the level of public danger of the act. An important way of development for the legislator is to change the approach to the subjects of such an offense and to establish the features of its commission, all the necessary components of the subjective side of the criminal offense. Currently, one of the effective ways to solve this situation is to differentiate criminal liability depending on the type of subject (general or special).

Protection against acts of unlawful interference in civil aviation in the conditions of the Slovak republic and the Czech republic

This paper which deals with the issue of “Protection against acts of unlawful interference in civil aviation in the conditions of the Slovak Republic and the Czech Republic” and is divided into four main parts. The first part is focused on the basic definitions and concepts of security, which is based on the aviation regulation L17 (ANNEX 17). The second part deals with the typology of threats that pose a danger to air transport together with an indication of specific events related to illegal acts and also points out the measures taken to prevent the recurrence of such acts. Subsequently, the historical development of international legislation in this area is characterized in more detail chronologically from the oldest legal norms to the latest legislation at present. A fundamental element of this paper is a comparison of legislation of the Slovak Republic and Czech Republic. The last part presents possible visions for the future, which consist of modern and intelligent technologies that could be applied in the fight against acts of unlawful interference in the coming years.

Portillo Cáceres and Others v. Paraguay

332Human rights — Right to life — Right to life with dignity — Conditions in society threatening those rights — Environmental pollution — Right to freedom from arbitrary or unlawful interference with privacy, family or home — Whether States Parties obliged to adopt positive measures to ensure effective exercise of this right — Whether degradation of environment constituting violations of private and family life and the home — Right to an effective remedy — Admissibility of authors’ complaint — Article 5(2)(a) and (b) of Optional Protocol to International Covenant on Civil and Political Rights, 1966 — Whether same matter being examined under another international procedure — Whether failure to exhaust domestic remedies — Whether Paraguay violating its obligations under Articles 6, 7 and 17, read alone and in conjunction with Article 2(3), of CovenantEnvironment — Pollution — Environmental rights — Recognition — Crop fumigation with agrochemicals — Infringement of domestic environmental laws — Impact on people’s lives — International tribunals recognizing link between environment and human rights — Whether environmental degradation adversely affecting enjoyment of right to life — Whether environmental degradation constituting violations of private and family life and the home — Whether effective investigation into environmental pollutionDamages — Reparation — Adequate compensation — Effective and thorough investigation — Criminal and administrative penalties — Harm caused by environmental pollution — Obligation on State to provide authors of complaint with effective remedy — Article 2(3)(a) of Covenant — United Nations Human Rights Committee