The Vietnamese government has made significant efforts to improve healthcare access for people with disabilities, as shown by signing the UNCRPD in 2007, ratifying it in 2015, and implementing the 2010 Disability Law to signal a commitment to the rights of people with disabilities. However, women with physical disabilities still encounter many obstacles. Physical barriers to accessing healthcare services for these women are underexplored. This paper investigates the physical infrastructure and the material barriers to accessing healthcare services for women with physical disabilities in Ho Chi Minh City, Vietnam, through ethnographic research methods. Data were collected via semi-structured in-depth interviews with 20 women with physical disabilities, observation, and photovoice. Research findings revealed that women with physical disabilities faced multiple physical barriers when accessing public healthcare services in Ho Chi Minh City, Vietnam. Outdoor barriers included transportation and parking, while indoor barriers involved toilets, ramps, lifts, spare wheelchairs, counters, and waiting rooms. These barriers significantly affected participants' healthcare decision-making and their ability to maintain health. The research highlights the need for inclusive strategies to improve healthcare access for Vietnamese people with disabilities.
CAESAR MANUCHIMSO ELIKWU, EBENEZER TUNDE YEBISI, Olusola Joshua Olujobi
Background Religion and its exercise are among the most sensitive discourses in different parts of the world, especially in Nigeria. The constitution and other laws ensure citizens are afforded basic human rights of which religious rights are included and yet regulated. There are questions of interpretation as to the extent to which such rights can be enjoyed and the efficacy of both the legal and institutional frameworks protecting religious rights in Nigeria. Methods This article utilises a doctrinal legal research approach utilising existing literature, statutes, and laws enacted towards the protection of religious rights in Nigeria with the consideration of primary and secondary sources of statutes including the 1999 Constitution of the Federal Republic of Nigeria (as amended), judicial precedents, International Conventions, law textbooks, and peer-reviewed journals. A comparative analysis of Nigeria, Tunisia, Algeria, Turkey and Kazakhstan was done to gain perspectives on balancing conflicting interests in light of Nigeria’s heterogeneous status. As part of the contribution to knowledge, a hybrid model for mitigating the socio-legal effect of the usage of hijab in Nigeria’s public institutions is presented to further enrich Nigeria’s jurisprudence. A hybrid model is an approach that combines different sources or methodologies by integrating two or more distinct frameworks to leverage their strengths and effectively address specific needs or challenges. It is utilized to achieve synergy and maximize outcomes by blending diverse legal approaches in law. Results Nigeria, being a multi-ethnic and multi-religious state, demonstrates that the government must protect the public interests as it relates to religious rights regardless of faith or religion. The study reveals that the current legal approach without further legislative intervention on religious issues will be inadequate to address the problem. Therefore, this study presents a hybrid model for mitigating the socio-legal effect of the usage of hijab in Nigeria’s public institutions to avoid harm and further enrich Nigeria’s jurisprudence. Conclusions This study concludes by emphasizing the inadequacy of Nigeria’s legal and institutional frameworks regarding the protection of religious rights and the right to wear hijab in public institutions. Consequently, reform is deemed necessary.
Fernando de Oliveira Zonta, Amanda Pilon Barsoumian
O presente artigo tem como objetivo analisar a (in)constitucionalidade do artigo 310, §2° do Código de Processo Penal brasileiro, no tocante específico à reincidência como fundamento, por si só, para decretação ou manutenção da prisão processual. A partir da análise da Constituição Federal, da doutrina e da jurisprudência do Supremo Tribunal Federal, conclui-se pela inconstitucionalidade de referido dispositivo, pois viola, dentre outros princípios constitucionais, a presunção de inocência. Outrossim, a partir da análise da jurisprudência da Corte Interamericana de Direitos Humanos, conclui-se pela inconvencionalidade do referido dispositivo, pois denota um resgate do famigerado Direito Penal do autor.
Criminal law and procedure, Social pathology. Social and public welfare. Criminology
Farida Luthfyana, Kuswardani Kuswardani, Mazlena Binti Mohammad Hussain
et al.
Indonesia is an agricultural country and its agricultural sector which important in meeting food needs. On its journey, the agricultural sector in Indonesia is developing to improve the quality and production of food needs. Then, the fertilizer process has an important role in increasing the production of agricultural products, and the government needs to implement policies to subsidize the price of fertilizers for fertilizer distributors and arrange the regulations underlying the policy. If the fertilizer trade for fertilizer distributors is based on more than clear regulations, how can Indonesia's agricultural journey run. Thus, this study aims to attempt to describe the criminal liability of fertilizer trade based on court decisions at the first level up to the cassation level (namely, Decision Number. 137/pid.sus/2020/PN.Btg, Court of Appeal (Number. 487/Pid.Sus/2020/PT SMG and Cassation Decision Number. 78/Pid.Sus/2022). This study is normative research with a case approach, requiring secondary data in legal documents and references relevant to the subject matter. Data were collected by identification and inventory and then analyzed using the basic principles of criminal law. The novelty is fulfilling criminal liability is not enough regarding the psychological aspects (adult, healthy mind). However, it must also fulfill the normative measure of the act. The results showed that the defendant in the first instance and appellate level decisions were able to take liabilitybut was not sentenced because the element of the action in the prosecutor's charge, which stated "conducting trading business activities without having a license in the field of trade granted by the Ministry" was not fulfilled/proven, because the defendant had a trading business license (SIUP) issued by the Integrated Investment and Licensing Agency Number: 519/054/2014 dated June 04, 2014, under the name of the Agricultural Facilities and Organic Fertilizer Shop "Tani Jaya." The cassation verdict of the defendant can be held responsible and sentenced to punishment because measures from the psychological aspect are fulfilled. The measurements are from the normative aspect demanded by the public prosecutor, especially the elements that are also fulfilled. It can be consluded that based on the court's decision to measure the perpetrator's liability for a criminal offense, two measures must be met in imposing punishment.
According to Article 124 of the Constitution; The president can have deputies to carry out his legal duties. On the other hand, Article 133 of the Constitution states that the responsibility of the ministries is on the president's chosen minister who has received a vote of confidence from the Islamic Council. Since, according to Article 113 of the Constitution, the President, who is the highest official of the country, heads the executive branch, including the ministries -except in matters directly related to the Supreme Leader’s powers, the powers of a vice president may interfere with the powers of ministers. Considering the obscurity of Article 124 and the legal gap regarding the limits to the powers of the vice presidents, the framework grounded for the powers of the vice presidents and the limits to the powers of the ministers should be determined.Research QuestionThis essay seeks to answer the question "Could the president appoint deputies with duties that are in the jurisdiction of the ministries?". The exact answer to this question depends on analyzing whether, on a legal basis, it is possible to appoint a vice president in the jurisdiction of the ministries or not. On the other hand, it should be investigated as to what extent this type of appointment has occurred in the legal system of the Islamic Republic of Iran, and what is the opinion of the Guardian Council as the main judge in this matter? And finally, considering the capacities provided in law, how can this conflict be prevented or solved? Literature ReviewBefore this research, the subject of vice presidents has not only been examined under the general concept of the president and the first vice president’s powers but also specifically in articles such as "The legal requirements of delegating the powers of the president to deputies in Iran's constitutional law system with regards to the opinions of the Guardian Council", "A look at the assignment of president’s legal duties to the deputies" and "Regulations for the appointment and the position of special representatives and deputy presidents". However, these articles did not deal with the issue of any interference between the competence of the president and the ministers and thus, their topic is fundamentally different from this research. Regarding the relationship between the vice presidents and the ministries, there has been a report on "carrying out executive affairs through the vice presidents instead of the ministries", which is also different from this research because it focuses on the possibility of doing executive affairs by the vice presidents instead of the ministries, irrespective of the issue of interference of their powers. Therefore, the innovation of this research is first, in its topic of examining the conflict between the legal powers of the vice presidents and ministers and, second, in its analysis at two theoretical and practical levels, and third, in its examination of the plausible legal answers and providing an innovative solution to overcome this problem. MethodologyThe current essay has been done through library research and adopting a descriptive-analytical approach meaning that, in addition to identifying the qualifications of vice presidents and ministers, we have analyzed the research problem using logical arguments. ResultsAccording to Article 124 of the Constitution, the president can have deputies to perform his legal duties. By examining the detailed summary of the deliberations of the Constitutional Revision Council, the proposed arguments, and the systematic approach taken to the enactment of the Constitution, we find that the deputy is considered a representative of the president by the legislator and a non-authentic person, and since the authority of the president is limited, he cannot appoint a deputy within the jurisdiction of the ministries.From the opinions of the Guardian Council regarding the issue of the "consulting minister", it is also deduced that the president can create institutions under his supervision and delegate matters to them to handle some extra-ministerial affairs and his special duties such as "supervising the work of ministers", "harmonizing government decisions", "formulating the government's programs and policies", "synchronizing and policy-making of executive bodies" and "mobilizing the facilities of executive bodies for a specific issue", but other duties and executive affairs that are not part of the president’s special duties which are under the jurisdiction of the ministries, cannot be entrusted to his affiliated institutions, and such assignment would be against the Constitution.In the current status, vice presidents are assigned in four ways: by the Constitution, the resolution of the supreme councils, the statutes, and by the decree of the president. On the other hand, the only bodies that determine the ministers’ powers are the statutes, and in case of a conflict between the powers of the vice presidents and the ministers, conflict resolution of the above-mentioned bodies with the statutory law should be examined. In case of adding to or changing the powers of the ministers by the statutory law and their conflicts with the powers of the vice presidents; If the founding document of the vice president is the statutory law or the decree of the president, the recent statute is applied, but if the founding document is the Constitution or the decree of the supreme councils, the recent law is invalid. To change or establish the powers of the vice-presidents, only the parliament or supreme councils such as the Cultural Revolution Council have the authority to appoint vice-presidents acting in duties that are considered to be in the jurisdiction of the ministers. ConclusionA conflict between the powers of the ministers and the vice presidents is only problematic where the founding body for appointing the vice president is the decree of the president himself, and in order to get out of this problem, it is possible to use the capacity provided by the constitution in the matter of supervision of the General Inspection Organization of the Country, the supervision of the parliament in Article 90 of the Constitution, and the case law of the Court of Administrative Justice; However, these solutions are difficult to reach and only reactive; Therefore, it is suggested that in the statutory law, the president -while appointing the vice presidents- should be required to approve bylaws on the limits of their authority in the cabinet so that the speaker of the parliament can prevent the interference of the authorities a priori, and that filing a well-grounded complaint in the administrative court of justice would become less complicated and problematic.
Bondowoso Regency Land Office is carrying out Complete Systematic Registration (PTSL) activities with 12 (Twelve) villages in Bondowoso Regency, one of which is in Mangli Wetan Village, Tapen District with the target of Land Rights Certificates (SHAT) and PBT (Map of Fields). Land) in the amount of 1600 (One Thousand and Six Hundred) plots of land which must be completed in 2022 (Two Thousand Twenty Two). Mangli Wetan Village is one example that indigenous peoples still maintain customary land law in Mangli Wetan Village with a large amount of uncertified land and land that has been transferred before the Village Head and crossed out in the Village registration book (Letter C). The research method used is socio-legal, by conducting research directly in society, to find out and understand the legal problems that occur and to deal with applicable laws and regulations. This study aims to determine the government's strategic program carried out by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency through Complete Systematic Land Registration (PTSL), especially for lands recorded in the Village Registration Book (Letter C) whose rights have not been certified in Mangli Village. Wetan, Tapen District, Bondowoso Regency. The research method used is socio-legal, by conducting research directly in the community, to find out and understand the legal problems that occur and are faced with applicable laws and regulations. The belief in the existence of customary law that arises has become the foundation and stronghold for indigenous peoples to prevent disputes for the people in Mangli Wetan Village. Therefore, appreciation is needed for indigenous peoples in Mangli Wetan Village, Tapen District, Bondowoso Regency.
KEYWORDS: Legal Certainly, Adat’s Society, PTSL Program.
El objetivo del presente artículo es analizar la calidad de las sentencias que manejan los miembros de la comunidad jurídica del Poder Judicial del Perú, el derecho a comprender y la transparencia institucional, a fin de buscar la recepción de una normativa metodológica que permita obtener resoluciones judiciales redactadas en lenguaje claro para el ciudadano, de modo que se genere mayor transparencia y legitimidad institucional. Tiene como sustrato la investigación jurídica doctoral de naturaleza cuantitativa y aplicada, basada en el método hipotético-deductivo. Para cumplir el propósito planteado, se analizó a la población conformada por los abogados que realizan sus labores en el Poder Judicial mediante un muestreo no probabilístico e intencionado de 30 sujetos. La conclusión obtenida es que la percepción sobre el mejoramiento de la calidad de las sentencias del Poder Judicial del Perú debe darse con una normativa metodológica de lenguaje claro para superar esta barrera comunicativa que afecta la transparencia y legitimidad de este poder del Estado y al derecho a la comprensión de los ciudadanos que acceden a la justicia en el Perú.
Public law, Jurisprudence. Philosophy and theory of law
The commented judgement rightly recognizes the need to identify the liabilities of a capital company in the process of formation and their scope. This issue is of particular importance in the context of the possibility to attribute the liability under Article 13 § 1 of the Code of Commercial Partnerships and Companies to persons acting on behalf of the company. The Supreme Court, by distinguishing the obligation (debt) from the resulting legal relationship, and having regard to the legal nature of the contract concluded, assumed that the obligations of the parties had arisen at the stage of limited liability company already formed, which precludes liability from being attributed to a person acting on behalf of the company (the representative appointed by the shareholders’ resolution). The commentary outlines the Supreme Court’s position, with partial criticism thereof.
Law, Political institutions and public administration (General)
In the 1990s polls showed that the majority of Russians hoped to live in a post-Soviet country governed not only by a strong state but by the genuine rule of law. What happened to make Russian public opinion turn—or seem to turn—in the course of a few short years toward what might be called an ultranationalist, and sometimes lawless, “make Russia great again” attitude? And why did the Russian leadership decide to start exporting those views and values to democratic countries? To answer these questions Professor Clowes’s article focuses on the rhetoric and actions of two prominent ultra-nationalist demagogues—Aleksandr Prokhanov and Aleksandr Dugin, whose blueprints anticipated and then promoted aspects of contemporary Russian geopolitics. Drawing from concepts of the “cultural archive” and “usable history,” she considers why ultraconservatism became dominant in Russia today. Finally, she comments on resonances, and in some cases interactions, with various ultraconservative groups in Europe and the United States.
Philosophy. Psychology. Religion, Political science
Electronic anti-theft security systems have been installed in cars for more than 20 years. Despite technological development and ever newer anti-theft car security devices, criminals continue their efforts to defeat all kinds of obstacles with the intention to unlawfully take possession of property. If they want to steal modern cars, thieves must demonstrate profi- ciency in electronics rather than mechanics, for unlocking and starting motor vehicles is today controlled by electronic systems. This paper presents the main methods of car theft, as well as measures to prevent it. Further in this paper, the author presents how thieves exploit rules of law and discusses a de lege ferenda proposal to improve Article 289 of the Penal Code by clarifying the length of time for which property may be possessed by an unauthorised person for that act to be considered as property taking and not a theft or burglary.
Law, Political institutions and public administration (General)
Alexander C. Egilman, Joshua D. Wallach, Christopher J. Morten
et al.
Abstract Background The Freedom of Information Act (FOIA) provides access to unreleased government records that can be used to enhance the transparency and integrity of biomedical research. We characterized FOIA requests to Department of Health and Human Services (HHS) agencies, including request outcomes, processing times, backlogs, and costs. Methods Using HHS FOIA annual reports, we extracted data on the number of FOIA requests received and processed by HHS agencies between 2008 and 2017, as well as request outcomes. Processing times were reported in three time increments, < 1–20, 21–60, or 61+ days, and trends in backlog status were also described. Information about costs and fees collected were aggregated. Results Between 2008 and 2017, 69.6% of 530,094 HHS FOIA requests were received by the Centers for Medicare and Medicaid Services (CMS), 18.9% by the Food and Drug Administration (FDA), and 11.6% by all other HHS agencies. During this period, CMS processed 374,728 requests, FDA 114,938, and other HHS agencies 61,890. CMS and FDA reduced backlogged requests by 9396 (89.7%) and 4289 (65.3%), respectively, leaving backlogs of 1081 and 2279 requests at the end of 2017. CMS fully or partially granted 60.3% of requests whereas FDA fully or partially granted 72.4%. Of all requests to CMS, 82.0% were considered simple and 18.0% complex; 82.2% of simple requests and 54.9% of complex requests were processed in 20 days, and 5.6% and 29.9% were processed in 61+ days. In contrast, 60.2% of requests to FDA were considered simple and 39.8% complex; 28.8% of simple requests and 9.0% of complex requests were processed in 20 days, and 58.3% and 81.5% were processed in 61+ days. The costs to HHS associated with FOIA requests totaled $446.4 million ($809 per processed request), increasing from $28.1 million ($423 per request) in 2008 to $53.3 million ($1544 per request) in 2017. In total, HHS collected $8.5 million in fees (1.9% of total costs). Conclusions FOIA is frequently used to obtain information about HHS and its agencies. With growing costs, minimal fees collected, and lengthy processing times, HHS agencies’ FOIA programs might be made more efficient through greater proactive record disclosure.
Autonomously driving delivery robots are developed all around the world, and the first prototypes are tested already in last-mile deliveries of packages. Estonia plays a leading role in this field with its, start-up Starship Technologies, which operates not only in Estonia but also in foreign countries like Germany, Great Britain, and the United States of America (USA), where it seems to provide a promising solution of the last-mile problem. But the more and more frequent appearance of delivery robots in public traffic reveals shortcomings in the regulatory framework of the usage of these autonomous vehicles—despite the maturity of the underlying technology. The related regulatory questions are reaching from data protection over liability for torts performance to such mundane fields as traffic law, which a logistic service provider has to take into account. This paper analyses and further develops the regulatory framework of autonomous delivery robots for packages by highlighting legal implications. Since delivery robots can be understood as cyber-physical systems in the context of Industry 4.0, the research contributes to the related regulatory framework of Industry 4.0 in international terms. Finally, the paper discusses future perspectives and proposes specific modes of compliance.
The article addresses the participatory budgeting (PB), which is one of the most recognised governance innovations of recent decades. This global phenomenon represents in practice a shift towards participatory and collaborative management of public resources at the local level. The purpose of this article is to determine when top down approach to PB might be welcomed, taking into account the characteristics of PB schemes all around the world that they emerged as local initiatives, instigated either by civil society groups or local governments. The analysis is based on the description of the PB example as introduced via country-wide legislation, exhaustively regulating PB procedure. The article examines Polish experience in the field of functioning top down approach to PB. It demonstrates that top down PB can effectively work, if it is accompanied with significant incentives and grants, as well as the extensive autonomy and flexibility of local communities. Polish experience suggests that such an initiative might be relatively successful, yet there is a number of conditions that has to be met in order to ensure the dissemination of legislative model of participatory budgeting. The results have practical implications to central government institutions that consider introduction of some legislative framework for participatory budgeting at the local level. The originality of the research is in the analysis of one of successful stories of the PB introduced via country-wide legislation, and determining when this approach can work, also in other countries.
Political institutions and public administration (General)
Estamos ante una aproximación a la justificación del Poder Ejecutivo y al control que de la actividad administrativa ejerce el Poder Judicial, a partir de las declaraciones constitucionales de los artículos 103 y 106. Caemos de bruces en cuestiones como la definición de los intereses generales por la Administración y la revisión del ejercicio de potestades discrecionales por Jueces y Magistrados.
Law, Political institutions and public administration (General)
La Comunidad Andina, cuyo origen se remonta a finales de los sesenta, es uno de los principales procesos de integración latinoamericana, el cual actualmente involucra a Bolivia, Colombia, Ecuador, y Perú. En 1993, como parte del proceso de integración de las economías que conforman la Comunidad, ésta adoptó la Decisión 351 que establece un régimen común en materia de derechos de autor y conexos para sus países miembros. Dicho régimen constituyó un primer paso en la armonización normativa de los países que integran la Comunidad, los que aún preservaron la facultad de adoptar reglas en materia de derechos autorales, en tanto éstas no infringiesen las disposiciones de la Decisión. Sin embargo, el transcurso de los años, los desafíos de las nuevas tecnologías, y el emergente bilateralismo, entre otras causas, han erosionado la eficacia del régimen común como instrumento de armonización normativa en la Comunidad Andina. Al mismo tiempo, las significativas diferencias en el derecho interno de los países miembros, aun cuando toleradas por el régimen común, obstruyen el adecuado funcionamiento del mercado interno, particularmente en el contexto de la economía de la información. Estas circunstancias hacen explícita la necesidad de actualizar el régimen común a fin de facilitar la integración de los países de la Comunidad Andina. El presente artículo describe brevemente la Decisión 351, para luego analizar las principales limitaciones del régimen común vigente a efectos de identificar los problemas que requieren una urgente solución normativa en la Comunidad Andina. Enseguida, se sugieren algunos de los temas sobre los cuales la Comunidad Andina debería poner énfasis al actualizar el régimen común -estos son, la extensión de los derechos de autor, limitaciones y excepciones, dominio público, y observancia de los derechos de propiedad intelectual-, así como algunas estrategias para alcanzar dicha armonización normativa.<br>The Andean Community, which started late in the sixties, is one of the main processes of integration in Latino America, that currently involves Bolivia, Colombia, Ecuador, and Peru. In 1993, as part of the process of integration, the Andean Community adopted the Decision 351 that sets forth a common regime on copyright and neighboring rights. That regime was a first step in the legal harmonization on that matter for those countries, which still preserve their domestic law, in so far as it does not infringe the provisions of the Decision. However, the efficiency of the common regime as an instrument for harmonization within the Andean Community has been reduced because of the course of the years, challenges of new technologies, and emerging bilateralism, among other causes. At the same time, even when tolerated by the common regime, significant differences between the domestic law of country members obstacle the proper functioning of the internal, particularly en el context of digital economy. Those circumstances made explicit the need for updating the common regime in order to facilitate the integration of the Andean Community. This article describes briefly the Decision 351, and then analyzes the main limitations of the in force common regime in order to identify the issues that require an urgent legal harmonization within the Andean Community. Then, this article suggests some those issues on which the Andean Community must emphasize its harmonization when updating the common regime -copyright scope, exceptions and limitations, public domain, and copyright enforcement- and makes some recommendations on strategies to achieve that legal harmonization.
Law, Law in general. Comparative and uniform law. Jurisprudence
The dissertation examines the recent transformations in the modes of governing the activities of psychiatric hospitals. More specifically, it explores the role of two influential reform processes in France: the introduction of judicial reviews of involuntary commitment and the evolution of the ways public psychiatric institutions are funded. Unequally successful and traversed by heterogeneous institutional logics, from law and economics respectively, both changes aim to shape norms of the legitimate functioning of psychiatric hospitals. Hence, they contribute to changes in professional practices and organisational dynamics. This sociological work draws on interviews, conducted with medical and judicial professionals and policy makers, a set of ethnographic observations carried out in psychiatric hospitals and judicial hearings, as well as a review of written sources. The dissertation analyses the elaboration of public policies in psychiatry and their implementation, focusing on the role of psychiatrists and their interactions with other professionals, particularly in the legal field, as well as with institutional, national or regional actors. This work concludes that psychiatrists have been relatively dispossessed of control over the process of reform of the psychiatric institution over the last decades. However, the deprivation is masked by their ability to partly control the conditions of the implementation of these policies.