personal rights
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2022 ◽  
pp. 291-314
Author(s):  
Pelin Kilinç Özüölmez ◽  
Senem Duruel Erkiliç

Parental responsibility will be evaluated from the children's perspective, and the pre-birth rights of the child will be discussed in a juridical and social context. Within this scope, 375 videos, viewed between March 17, 2019 and December 23, 2020, will be studied in-depth using the content analysis method. As the aforementioned YouTube channel mainly targets younger child groups and the E.K.M. is also 6, it is of great importance to discuss the suitability of the experienced digital games' educative and instructive features for children, as well as if they consist of elements of violence and horror. Parental responsibility will be evaluated together with a selection of digital games and game displays. Having numerous followers in Turkey, the ‘Sesegel Çocuk' channel will be probed extensively since the channel has a potential to act as a role model for its target audience. Digital parenting and the sharenting phenomenon will be extensively analyzed with regard to privacy, personal data confidentiality and security, protection of emotional and private data, and protection of personal rights.


2021 ◽  
Vol specjalny II (XXI) ◽  
pp. 457-470
Author(s):  
Dorota Dzienisiuk

In Poland the obligation to counteract bullying (mobbing) is imposed on employers by Article 943 of the Labour Code. The method of fulfilling this obligation is not indicated. The regulation is limited to precising the employer’s liability. Also the Act on Trade Unions does not deal with the trade unions’ competences in the field of bullying (mobbing). Yet, it proclaims the protection of dignity and moral interests of persons performing work, both individual and collective ones, as one of the tasks of trade unions. Thus, it is sometimes suggested that trade union’s representatives should take active part in activities and possible bodies aiming to counteract bullying (mobbing). However, admitting a trade union’s representative to employer’s activities aiming to counteract bullying might lead to infringement of the negative freedom of trade unions, personal rights and data of those people involved who are not trade union’s members.


Author(s):  
Olga Ivasyuk

Cybercrime today is one of the fastest growing types of criminal activity that encroach on various social groups of community. Today, in addition to criminal acts aimed at economic profit, the level of criminal infringements aimed at the personal rights of children, has increased, as has the involvement of minors in the commission of serious and particularly serious crimes. Crimes against children committed in the information environment are different from traditional forms of criminal abuse, and are characterized by particular cruelty, a high level of proficiency of perpetrators, anonymity (identity of a perpetrator is hidden behind an information code) and transnationality. Conditionally the activities of cybercriminals can be categorized as offences aimed at the personal rights of children and criminal acts aimed at involving minors in offences through the information environment. Cybercriminal activities include, inter alia, trafficking in children in information and telecommunications networks; sexual exploitation of minors, including involvement in prostitution; inducement of children to commit suicide; and others. Such acts constitute serious or particularly serious crimes aimed at violating the personal rights of children, whose protection requires the development of national legislation and constant international cooperation. The author believes that specific international treaties on cooperation in the detection of cybercrime should be concluded, as well as general rules on the definition of various forms of cybercrime.


Law and World ◽  
2021 ◽  
Vol 7 (5) ◽  
pp. 124-144

The protection of personal human rights is especially important after the death of the victim. First of all, it is necessary to determine what is meant by the personal rights of a person, what personal rights can be protected after the death of the victim, in order to determine what is meant by the protection of the personal rights of the deceased. Then it is necessary to find out what the characteristics of a person are, by whom, how and in what form these rights are protected, and what harm can be caused by the violation of personal rights. It is true that the violation of personal rights is not allowed by law, but, nevertheless, there are many facts around us when the personal rights of the deceased and the living are violated. It is also desirable to protect personal rights acquired at birth from being violated by others both during the life and after the death of the victim. It is true that a person with personal rights protects his life and can claim compensation for property and / or non-property damage, but after the death of the victim, the law prohibits relatives or friends of the deceased from claiming compensation. for moral damage in violation of these rights. However, if a person was rehabilitated after his / her death, but the unlawful condemnation of the victim or other illegal legal actions damaged both the name and reputation of the heir, it is recommended to give the victim’s heir the right to claim compensation for the damage directly caused to him.


2021 ◽  
Vol 43 (3) ◽  
pp. 103-114
Author(s):  
Piotr Machnikowski

The much-publicised and rather unfortunate amendment of 2018 to the Act on the Institute of National Remembrance introduced not only the controversial and subsequently repealed penal provisions, but also the provisions on “Protection of the good name of the Republic of Poland and the Polish Nation”. According to these, protecting the good name of the Republic of Poland and the Polish Nation is subject to the provisions of the Civil Code. The intention of the lawmakers was to prevent the dissemination in public discourse of the false expression “Polish death camps” and similar expressions sometimes used to refer to Nazi German extermination camps located in the occupied territory of Poland. The provision mandating the application of the provisions of the Civil Code on personal rights to the protection of the state and nation’s good name may serve the intended purpose. However, its application may also be much broader, due to the vagueness of the wording used (“good name of the state and nation”) and the powerful protection afforded to personal rights in the Civil Code. The author discusses which provisions of the Civil Code can and which cannot be applied in this case. He also draws attention to the inadequacy of private law tools to protect public interests. He calls for a restrictive interpretation of the provision and recognizing a wide range of circumstances excluding the unlawfulness of an infringement in order to protect constitutional values such as freedom of expression, artistic creation, or scientific research.


Author(s):  
Ewa Lewandowska

The disappearance of people is a phenomenon that requires in-depth multi-faceted analysis. The law does not regulate the situation of a missing person between their disappearance and being declared dead. During this time, in the understanding of the law, a missing person remains an entity that can dispose of their property rights and personal rights, but because of the disappearance people are unable to do that, so his/her rights are exposed to be lost or unlawfully used by other persons. As a result, many doubts must be faced by people close to the missing person. This work discusses the copyrights of the missing person, its execution and protection in the time between the disappearance and declaring the person dead. As an introduction, the subject of copyright (work) is discussed and the division of copyright into moral rights and property rights is indicated. Next, the paper presents the possible ways of proceeding in the event of a disappearance, including a minor, spouse, and co-creator. The possibility of appointing a custodian and submitting a request to a prosecutor is indicated, and an analogous application of provisions in the event of death is proposed. Moreover, a situation where an action to protect moral/economic copyrights has been brought before a person missing (the proceedings are pending) is noted. Finally, the consequences of declaring a missing person to be dead are discussed. Based on the considerations carried out, it can be concluded that there is no single appropriate legal solution in a situation where there is a need to exercise and protect the personal/economic copyrights of a missing person. The proposed solutions of proceeding in the missing person case are not specifically designed in the event of a disappearance, and their application is not established in practice. It seems that the court should recognize the need to protect the interests of the missing person and allow the proceedings to be conducted when referring to one of the proposed solutions. Adaptation of the indicated solutions, in the face of the forced inactivity of the missing person, should guarantee the protection of his/her rights. De lege ferenda, it is worth considering the general regulation of a person’s situation from the moment of his/her disappearance until he/she is declared dead. This could be done by introducing a provision providing for the possibility of appointing a custodian to handle the missing person’s affairs.


Author(s):  
Oleg Vinnichenko ◽  
Elena Gladun ◽  
Zhumabek Busurmanov

This article substantiates the need to consolidate human rights through various international legal mechanisms, including regional conventions on human rights that reflect specific legal and cultural values. The authors analyzed the Oriental legal values that differ from those in the Occidental. Borrowed elements of foreign culture and standard legal norms do not provide effective implementation of international documents at the national level. In fact, a lot of contemporary conflicts originate in the gap between the official legal ideology and the traditional legal consciousness, which is typical of most Asian countries. The interdisciplinary and civilizational (sociocultural) approaches revealed that most Shanghai Cooperation Organization countries adhere to the so-called Asian values, e.g. collectivism; priority of family, clan, and nation interests; idealization of the authorities; detachment from active political and legal life, adherence to moral norms, etc. The authors believe that, along with the Universal Declaration of Human Rights, there may be regional concepts and international regional acts based on civilizational identity, historical memory and experience. Eurasian countries need a new concept of human rights, which will combine universal and Asian legal values, e.g. priority of the community and state over the individual; the advantage of public order over the personal rights and freedoms; common wellbeing; significance of moral and religious rules; admiration for strong political leaders, etc. This concept will make it possible to integrate Asian mentality, lore, and national philosophy into standard human rights. The concept might help to resolve various conflicts that occur between global legal ideology and traditional legal mentality of most Asian societies.


2021 ◽  
Vol 10 (2-3) ◽  
pp. 304-342
Author(s):  
Obiora Ezike

Abstract It is controversial if incorporeal moveables (or choses in action) can be the object of property rights. The Collateral Directive arguably attempts to take the middle-ground in this debate. It acknowledges that a person may have either ‘full ownership of’, or 'full entitlement' to, financial collateral, which are conceptualised as intangibles. The approach adopted by the Directive throws up some questions: Is there a difference between owning or being entitled to collateral? If there is a difference, does this matter? The article first highlights the underlying controversy between these two concepts: which arises because of the different conceptions of real rights, or right in rem, and the need to protect the boundary between real and personal rights. The article then argues that although ‘owning’ and ‘entitlement’ are different concepts, there are also functional similarities between both concepts which arguably the Directive extends further than necessary.


2021 ◽  
Vol 10 (3) ◽  
Author(s):  
Colin Kim ◽  
Brian Oh

The objective of this study was to provide insight into the anti-mask phenomenon that has been occurring throughout the world. Widely broadcasted through different forms of media, these anti-mask movements are a growing concern to the scientific community, as such exposure will only deter the progress towards ending the pandemic. In order to understand the psychological motivations behind the anti-mask sentiment, the present studies 29 videos, over 120 minutes of content covering anti-mask protests in Canada, Europe, and the United States. I also used East Asia as a control variable, as I reviewed 5 videos, around 35 minutes of footage to understand the psychology that makes East Asia more receptive towards mask use. By implementing a qualitative research design, I looked for key language themes (interviews, chants, signs) in order to apply thematic analysis to connect their negative sentiments that are associated with confirmation bias and motivated reasoning. Findings regarding confirmation bias and motivated reasoning have been linked to concerns regarding personal rights and distrust with the government, media, and science communities. In particular, the United States has an issue regarding national pride in connection to individuals’ personal rights. The goal is to give insight into ways the United States can improve mask adherence for future potential pandemics.


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