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1
Eekelaar, J. « PERSONAL RIGHTS AND HUMAN RIGHTS ». Human Rights Law Review 2, no 2 (1 janvier 2002) : 181–97. http://dx.doi.org/10.1093/hrlr/2.2.181.
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Varlen, M. V. « Personal dignity : emerging threats ». Courier of Kutafin Moscow State Law University (MSAL)) 1, no 9 (12 novembre 2024) : 176–84. http://dx.doi.org/10.17803/2311-5998.2024.121.9.176-184.
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In connection with the growing role of the information space, the emergence of new security threats, and the transformation of the institution of human rights, it became necessary, through the prism of the traditional understanding of the category of “dignity” and “right to dignity” in the humanities, to highlight current problems of legal regulation of the right to dignity, to its protection and protection, as well as identify current trends in the legal protection of personal dignity. Dignity is a complex category in the institution of individual rights, which is a direct expression of human value, the core, source and meaning of all fundamental rights, as well as a qualitatively necessary component of their implementation and protection. A broad base of normative regulation and protection of the right to dignity makes it possible to identify system-forming norms and institutions within the framework of constitutional law, based on which it is possible, taking into account modern trends and threats to human rights in general and the right to dignity in particular, to build an adequate system for protecting personal dignity
3
Khurshid Shahnaz, Shaheela. « Personal Laws and Women Rights in India ». International Journal of Science and Research (IJSR) 13, no 2 (5 février 2024) : 794–97. http://dx.doi.org/10.21275/mr24205093039.
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MORI, Yu. « Personal Rights and Buddhism ». JOURNAL OF INDIAN AND BUDDHIST STUDIES (INDOGAKU BUKKYOGAKU KENKYU) 40, no 2 (1992) : 826–30. http://dx.doi.org/10.4259/ibk.40.826.
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MORI, Yu. « Personal Rights and Buddhism ». JOURNAL OF INDIAN AND BUDDHIST STUDIES (INDOGAKU BUKKYOGAKU KENKYU) 41, no 2 (1993) : 853–57. http://dx.doi.org/10.4259/ibk.41.853.
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MORI, Yu. « Personal Rights and Buddhism ». JOURNAL OF INDIAN AND BUDDHIST STUDIES (INDOGAKU BUKKYOGAKU KENKYU) 42, no 2 (1994) : 815–19. http://dx.doi.org/10.4259/ibk.42.815.
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Cherevko, P. P. « General personal non-property rights of the author in the mechanism of legal protection of the work ». Analytical and Comparative Jurisprudence, no 4 (27 novembre 2022) : 126–31. http://dx.doi.org/10.24144/2788-6018.2022.04.23.
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In this article, the author discloses the legal nature and content of the author’s personal non-property rights. An important conclusion is made that all personal non-property rights of the author can be divided into general and special. The general personal non-property rights of the author are inherent to the authors of any works, while the special personal non-property rights of the author are characteristic only of the authors of certain works. The scientific article examines the legal nature and content of the general personal non-property rights of the author of works, which include the right of authorship, the right to the author’s name, and the right to inviolability of the work. The author does not support the position expressed in science regarding the attribution of the right to publish a work (the release of a work to the world) to the personal non-propertyrights of the author, since both according to the position of the legislator and by its very nature this right is property.
General personal non-property rights of the author are defined. The right of authorship is a legally guaranteed possibility of a person to be considered the author of a work and the possibility of recognition of this fact by other persons. The right to anauthor’s name is a legally guaranteed opportunity for the author of a work to use or prohibit the use of his work under his own name (autonym), under a fictitious name (pseudonym) or without specifying a name (anonymous). The right to the inviolabilityof a work is a legally guaranteed possibility to prohibit making changes to the content of the work, its name, which may violate the integrity of the work, lead to its distortion or distortion in any use of the work without the consent of the author.The rights that protect the connection between the author’s personality and his work are personal non-property rights of the author. These rights have no monetary value, they are inherent in the fact of authorship and are absolute. The system of personal non-property rights of the author includes the right of authorship, the right to the author’s name and the right to inviolability of the work. The specified rights are general, as they belong to the author of any work. The current legislation of Ukraine allocates other personal non-property rights of the author, but they are characteristic of authors of works of fifine art, works of architecture, and therefore have a special character. The value of the author’s personal non-property rights is extremely high, as they are of a legal nature and contribute to the protection of the author’s honor and reputation. Legislation in the field of personal non-property rights of the author to works must be agreed among themselves (regarding the possibility of transferring personal non-property rights to other persons, which is provided for by the Central Committee of Ukraine and prohibited by the Law of Ukraine “On Copyright and Related Rights”) and developed in the direction of securing for authors other general personal rights non-property rights to works (the right to secretize a work, the right to withdraw a work, etc.), which can act as independent objects of scientific research. Securing these rights will expand the protection of the author’sinterests in preserving his creative identity. The author’s provisions are illustrated by examples from judicial practice and legal positions of the Supreme Court.
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Li, MoFei. « The Proof and Development of the Right to Be Forgotten in Civil Code ». Advances in Politics and Economics 6, no 2 (23 mai 2023) : p121. http://dx.doi.org/10.22158/ape.v6n2p121.
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Contemporary Chinese rights of personality law are in a period of perfection. The Personal Rights section of the Civil Code provides the ideological basis of law for other legislation on the rights of personality in China, and the newly released Personal Information Protection Law provides relevant provisions for the privacy issues involved in personal information. The legislation related to personality rights in China should respond to the needs of people’s personality rights in the Internet era and introduce laws to some rights that have emerged with the development of the Internet. In other words, based on confirming the general personality rights and personal information protection, we should protect the emerging rights such as “the right to be forgotten”. In this regard, based on the existing judicial and legislative practices, it is necessary to argue that the right to be forgotten is an independent form of right and to explore the legislative way forward for the right to be forgotten, to contribute to the effective protection of personality rights and personal information.
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Sakowska-Baryła, Marlena. « Wybrane aspekty komplementarności praw informacyjnych względem czynnego prawa wyborczego ». Przegląd Konstytucyjny, no 1 (2023) (mars 2023) : 47–67. http://dx.doi.org/10.4467/25442031pko.23.003.17573.
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The text deals with the complementarity of information rights with respect to the active electoral right, using the example of the right of access to public information and the right to protection of personal data. These two information rights well reflect the most relevant aspects of an individual’s information status. At the same time, these rights interestingly interact with the exercise of the active electoral right. The article explains the concept of “information rights” and the concept of the sovereignty of the people, and identifies the obligations incumbent on public authorities to ensure the exercise of information rights and the active electoral right. From the analyses carried out, there are strong interactions between the right of access to public information and the active electoral right. The situation is different in the case of the right to protection of personal data. The analysis makes it possible to claim that the relationship between the right of access to public information and the active electoral right as political rights is more intense due to the goals set for them. The right to protection of personal data belongs to personal rights. Its exercise involves complying with a number of procedures for processing personal data and securing personal data in technical and organizational terms. Procedures defining the principles of personal data processing are currently described primarily in the General Data Protection Regulation (GDPR). The joint application of the Election Code and personal data protection procedures is not easy, and the Polish regulation in this regard is sometimes unclear and insufficient.
10
Nikolova, Marković. « Personal rights and author's rights on the internet ». Megatrend revija 19, no 1 (2022) : 85–96. http://dx.doi.org/10.5937/megrev2201085n.
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In this scientific paper, an analysis of the ways of realization and protecting personal rights and author's rights on the Internet has been done. During the research and development of the scientific paper, the methods of analysis and the inductive-deductive method were used. The rapid spread of digital communication technology has caused profound social changes and disturbances. Thanks to their rapid and unpredictable development at the global level, certain phenomena that were unthinkable in the past are common today and pose a great challenge for individuals and companies, as well as for countries. The emergence of the Internet and digital technology has also changed the way personal rights and author's rights are achieved and violated. The author came to the conclusion that the age of digital technology and the Internet has a strong impact on personal rights and author's rights, as well as on the already established legal framework for their protection, both locally and internationally.
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VARLAMOVA, NATALIA V. « DIGITAL RIGHTS — NEW GENERATION OF HUMAN RIGHTS ? » Proceedings of the Institute of State and Law of the RAS 14, no 5 (12 décembre 2019) : 141–67. http://dx.doi.org/10.35427/2073-4522-2019-14-5-varlamova.
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Among the digital rights, besides the right for internet access that was the subject of consideration in the first part of the article, there are also a right to per-so nal data protection and a right to be forgotten (right to erasure).The right to personal data protection is usually enshrined at the supranational and national levels and is protected by the courts as an aspect of the right to privacy. As an independent fundamental right of a constitutional nature the right to personal data protection is enshrined in EU law. Nevertheless, all attempts to doctrinally justify the existence of certain aspects of this right, beyond the claims to the right to privacy, can not be considered successful. The Court of Justice of the EU, while dealing with the relevant cases in order to determine whether certain methods of processing personal data are legitimate, also refers to the right to privacy, considering these rights to be closely interrelated. The right to personal data protection provides additional (including procedural) guarantees of respect for privacy, human dignity and some other rights, but the purpose of these guarantees is precisely the content of the providing rights. The right to be forgotten (right to erasure) is one of the positive obligations with regard to the personal data protection. This right implies correction, deletion or termination of the processing of personal data at the request of their subject in the presence of a reason for this (when the relevant actions are carried out in violation of the principles of data processing or provisions of the legislation). Analogs of this right are the Latin American orders of habeas data, as well as the right of a person to demand the refutation of information discrediting his honor, dignity and business reputation, in case of their inconsistency with reality under civil law and the legislation on mass media. In digital age the importance of this right is increased by the fact that information posted on the Internet remains easily accessible for an indefinite, almost unlimited, time.This caused the extension of the right to be forgotten to information that is consistent to reality, but has lost its relevance and significance, however, continues to have an adverse impact on the reputation of the person concerned. At the same time, the realization of the right to be forgotten in respect of information posted online is connected with a number of technical problems that require legal solutions.In general, digitalization does not create new human rights of a fundamentally different legal nature. It only actualizes or smooths certain aspects of long-recognized rights, transfers their operation into the virtual space, creates new opportunities for their realization and generates new threats to them. Ensuring human rights in modern conditions involves the search for adequate legal solutions, taking into account the opportunities and limitations generated by digital technologies.
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Badenhorst, P. J. « The Distinction between Real Rights and Personal Rights in the Deeds Registration System of South Africa – Part Two : Pragmatic Distinction between Real Rights and Personal Rights ». African Journal of International and Comparative Law 30, no 4 (novembre 2022) : 522–38. http://dx.doi.org/10.3366/ajicl.2022.0423.
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The second part of this article deals with the pragmatic approach of the South African courts to determine whether a right is real and, therefore, registrable in the deeds registry. The courts use a two-fold test to distinguish between real and personal rights, namely the subtraction from the dominium test and the intention test. It is indicated that the first test focuses on the impact of the right under investigation upon ownership while the second test focuses on the intention of the parties regarding the nature of the right when it was created. The application of the subtraction from the dominium test by the courts is discussed against the backdrop of a newly suggested classification of entitlements of ownership of land that are relevant within the context of the registrability of real rights. It is concluded that the common law distinctions between personal and real rights, and between ownership and limited real rights, still provide a solid conceptual basis in post-apartheid South African property theory.
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Slovska, І. « State’s protection of personal rights ». Analytical and Comparative Jurisprudence, no 4 (28 avril 2022) : 38–42. http://dx.doi.org/10.24144/2788-6018.2021.04.6.
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The article explores certain areas of public relations that require state and legal regulation to avoid social conflicts. Examining the constitutional mechanism of state power, experts define its functions as the activities of the subjects of such a mechanism within the competence defined by law, aimed at achieving the goals and objectives of the state. Thus, the main purpose of the Constitutional state, as Ukraine declares itself, is the real provision of the individual’s ability to realise constitutional rights and freedoms for their own benefit. Nowadays, the formal declaration of social justice is often obvious, but modern Ukrainian society is characterized by many contradictions – the adoption of a significant number of legal acts and at the same time the spread of total legal nihilism (adopted laws are openly ignored, violated and not valued). It is emphasized that legal education is an important founder of the value criteria for the existence of the the Constitutional state. The arsenal of various means of spiritual development and improvement of the person has special value. And law is one of them.
Emphasized that a person’s legal convictions are strengthened under the conditions of constant thoughtful improvement of normative prescriptions, bringing them in line with the urgent needs of social development.
In Ukraine, there are areas that need to be transformed, but there are also those in which lawmakers have reacted quickly to change. The author studies some regulations on the areas of economics, and armed conflict.
It is concluded that the norms of international and Ukrainian law on the protection of human rights testify the activity of the state in performing its functions to regulate the life of the human team. The application of state and legal measures to ensure the health, life and security of society, although not always prompt and adequate, is undoubtedly invaluable given the parity of protected goods.
14
Specht, Louisa. « Property Rights Concerning Personal Data ». Zeitschrift für geistiges Eigentum 9, no 3 (2017) : 411. http://dx.doi.org/10.1628/186723717x15069451170982.
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NAGEL, THOMAS. « Personal Rights and Public Space ». Philosophy Public Affairs 24, no 2 (avril 1995) : 83–107. http://dx.doi.org/10.1111/j.1088-4963.1995.tb00024.x.
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Blood, Diane. « Human Rights : A Personal Comment ». Judicial Review 7, no 3 (septembre 2002) : 146–47. http://dx.doi.org/10.1080/10854681.2002.11427217.
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Dolinska, Anna. « Personal non-property rights ensure a social existence of the Internet user as natural person ». Legal Ukraine, no 9 (30 octobre 2020) : 58–67. http://dx.doi.org/10.37749/2308-9636-2020-9(213)-6.
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The article is devoted to issues of personal non-property rights which ensure social existence of the Internet user as an natural person. It is emphasized that Internet user, as a participant in civil law relations related to protection and defense of personal non-property rights, is endowed with all powers that determine general legal status of a participant in similar law relations. The peculiarities of the Internet user’s exercise of certain personal non-property rights are highlighted, which are due to nature of Internet relations. They reflect specifics of human communication in the Internet environment. At the same time, threats that require formation of a separate mechanism to ensure the protection the personal non-property rights of Internet users are increasing proportionately. Thus, civil law doctrine should take into account need to supplement existing theory of personal non-property rights with new elements that affect the status of a natural person as a participant in civil law relations. The specifics of Internet user’s legal status in the context of his personal non-property rights when performing certain actions on the Internet is: in moment of occurrence the legal status of Internet user as a holder of personal non-property rights; in ensuring principle of equality of all Internet users, regardless of their status in the field of private or public law relations; in compliance with specific requirements for individualization of Internet user. It is determined that Internet user acts in the Internet environment through the complex of individualizing features which include: avatar, nickname, online style (image), text information (post), which accompanied by photos, videos, information that defines Internet user’s list of tastes, comments of Internet user are placed under posts of other users, digital signature on the Internet. Key words: Internet user, personal non-property rights, right to family, right to name, right to respect for honor and dignity; the right to inviolability of business reputation, the right to freedom, the right to individuality, the right to personal papers, the right to secrecy of correspondence, the right to inviolability of the home, the right to freedom of movement, the right to freedom of association.
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Cherevko, P. P. « The legal nature of the author’s personal non-property rights ». Analytical and Comparative Jurisprudence, no 3 (28 septembre 2022) : 335–39. http://dx.doi.org/10.24144/2788-6018.2022.03.60.
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In this article, the author analyzes the essence of the legal nature of the author’s personal nonproperty rights. It is noted that copyright studies conducted in Germany based on the philosophical concept of I. Kant (a right related to the personality of the creator) played an important role in protecting the author’s personal rights in continental Europe. These scientific investigations played a decisive role in the emergence of the doctrine of personal nonproperty rights of the author, which are designed to ensure the protection of the personality of the creator in his work.The monistic and dualistic concept of personal non-property rights of the author is considered. It is argued that the monistic concept interprets all the powers of a personal (non-property) nature recognized by the author as a manifestation of a single and indivisible copyright, where the significant difference between the legal regime of personal non-property and property rights to works does not mean that the question of the legal nature of the author’s non-property rights is resolved in advance . The author supports a dualistic approach in revealing the legal nature of the author’s nonproperty personal rights, since it is still better argued and contains practical points that are important both for the process of using personal non-property and property rights, as well as for law enforcement activities, where it is necessary to observe a clear distinction between the understanding of the legal regime of the author’s non-property and property rights.The essence of the author’s personal nonproperty rights is revealed through the analysis of the attributive features of these subjective rights, which ensure the connection of the creator with the work created by him and protect his personality embodied in it. The specified features include the non-property nature of the author’s personal rights, the inherent nature of the fact of authorship, their absoluteness, essentiality and inalienability. The last feature is optional, while the others are mandatory. The optionality of such a feature as the inalienability of the author’s personal non-property rights is associated with the possibility of transferring such a non-property right of the author as the right of state registration of copyright to the work to other persons.
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Mutiara, Upik, et Romi Maulana. « PERLINDUNGAN DATA PRIBADI SEBAGAI BAGIAN DARI HAK ASASI MANUSIA ATAS PERLINDUNGAN DIRI PRIBADI ». Indonesian Journal of Law and Policy Studies 1, no 1 (31 mai 2020) : 42. http://dx.doi.org/10.31000/ijlp.v1i1.2648.
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Protection of personal data as closely related to the protection of personal and private rights. Indonesia does not yet have legislation that specifically regulates the protection of personal data. then the problem that the author raises is: the comparison of the right to personal protection as part of human rights in Indonesia with the constitution in other countries and the concept of comparing the protection of personal data as a manifestation of the human rights of personal protection in Indonesia and other countries. related to the protection of personal rights in Indonesia is a state constitutional obligation regulated in the 1945 Constitution of the Republic of Indonesia Article 28G Paragraph (1). The constitutions of other countries such as in several Asian, African, and European countries as mentioned above have explicitly regulated and mentioned the protection of guarantees and personal rights or privacy rights of their citizens. while in Indonesia such as Saudi Arabia and Madagascar it does not explicitly mention anything about the right of privacy in their constitution. it can be concluded that the concept of personal data protection can be found in international and regional instruments such as the European Union Data Protection Directive, the European Union Data Protection Convention, and the OECD Guidelines.
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Sadullaev, Kudrat. « THE ROLE AND SIGNIFICANCE OF PERSONAL LAW IN PROTECTING THE RIGHTS OF A NATURAL PERSON ». American Journal of Political Science Law and Criminology 04, no 11 (1 novembre 2022) : 18–23. http://dx.doi.org/10.37547/tajpslc/volume04issue11-04.
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"Private law of a natural person" is the category from which private international law begins. "Personal law" is considered a determining factor in the description of the legal status of a citizen of another country or a citizen of this country in a foreign country. Issues of the legal status of foreigners represent an integral part of the conflict regulation of their legal and legal capacity and are traditionally considered a central part of private international law.
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Buzova, N. V. « Personal Non-Property Rights of the Performer in Modern Conditions ». Lex Russica, no 5 (24 mai 2022) : 30–44. http://dx.doi.org/10.17803/1729-5920.2022.186.5.030-044.
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Individuality and personal qualities manifistation is characteristic not only for authors when they create works, but also for performers. Performing a work, a performer leaves an imprint of his understanding of this work. Such an individual contribution gives grounds for the recognition of performers’ personal non-property rights to their performance. The personal non-property rights of the performer not only indicate the connection between the performer and the result of intellectual activity (performance) created by him, but they also allow the performer to terminate the actions of third parties affecting the personal interests of the performer.The paper provides a comparative analysis of the provisions of Russian and foreign legislative acts in the field of intellectual property concerning the personal non-property rights of performers. It is pointed out that the approaches applied to the protection of personal non-property rights of performers in the states of the Romano-German and Anglo-American legal systems have some differences. Thus, in the USA, provisions on unfair competition, privacy, etc. are applied to protect the non-property rights of performers. In Russia, when creating the provisions of legislation concerning the personal non-property rights of the performer, the provisions on similar rights of the author are taken as a basis, but in comparison with the authors, the rights of performers are more limited in scope. The author examines some problematic aspects indicating the expediency of studying the possibility of expanding the scope of the rights granted to the performer. In addition, it seems that the performer could have personal non-property rights that are not related to intellectual rights, for example, the right to an individual appearance and the right to vote.
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KHOMENKO, Mykhailo M., Anatoliy V. KOSTRUBA et Oleksii O. KOT. « Protection of Non-Property Right ». Journal of Advanced Research in Law and Economics 10, no 3 (30 juin 2019) : 794. http://dx.doi.org/10.14505//jarle.v10.3(41).14.
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In the modern world, the significance of non-property right is very high because they are preconditions of providing the real freedom of ownership, freedom of agreement, freedom of entrepreneurship and all other rights in the material sphere of society. The article studies characteristic features of personal non-property rights of individuals. The notion of personal non-property rights of individuals has been formulated taking into account the features of this group of subjective civil rights, as well as their purpose. The main issues to be addressed in the study are the clarification of the specifics (features) of the object of protection, as well as the peculiarities of the protection of the named rights, the jurisdictional and non-jurisdictional forms of protection of personal non-property rights that ensure the natural existence of an individual. In the article, the notions of personal non-material benefit and personal non-property right have been formulated; the personal non-property rights, which provide the natural existence of an individual who is the object of protection, have been characterised in details; propositions regarding addressing certain legislative and practical gaps and contradictions have been presented. Also, the specific features and concepts of the protection of personal non-property rights that provide the natural existence of an individual have been determined.
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Menjul, M. V. « Legal transformations of the concept and essential features of personal non-property rights in conditions of digitalization ». Uzhhorod National University Herald. Series : Law 1, no 79 (9 octobre 2023) : 215–19. http://dx.doi.org/10.24144/2307-3322.2023.79.1.37.
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The article examines the legal transformations of the concept and essential features of personal nonproperty rights in the conditions of digitalization. The main problems highlighted regarding the need to improve the regulation of personal non-property rights during the recodification of the Central Committee of Ukraine are taken into account. The main theoretical concepts regarding the understanding of the concept and legal nature of personal non-property rights are highlighted. It is substantiated that in the conditions of the development of digitalization, a combination of universal and reformist theory is expedient, deprives civil law and regulates and protects all features of non-property rights, including those that are not related to property, and in the aspect of digitalization acquires an important meaning. reform of legal regulation and protection of personal non-property rights contained in the digital space.
Different approaches of scientists to understanding the key features of non-property rights are analyzed. It has been established that the key feature of personal non-property law is their close connection with intangible goods, which should be understood as those phenomena and values that are useful for any participant in civil relations, satisfy his needs and have no economic meaning. The next important feature of personal non-property rights is their pronounced personal character, which ensures a close connection with a person who enters into civil legal relations regarding a certain intangible good, through which he satisfies a certain need. Such a feature of personal non-property rights as their inseparability is closely related to personal character. The next special feature of personal non-property rights is defined in Part 1 of Art. 2 Art. 269 of the Civil Code of Ukraine, - the economic content is published. The sign of the proposal is indicated, that even if the participants of civil legal relations try to somehow evaluate an intangible good, it is difficult to say about its value or a clear monetary equivalent.
It is emphasized that the personal non-property right is absolute, which ensures the inviolability of the right and the duty of each participant in civil legal relations to refrain from violating such a right. A special feature of personal non-property rights is their inexhaustibility. The legal nature of personal non-property rights, their non-economic content leads to the impossibility of their exhaustion, and even globalization processes, digitalization, increased need for digital security and transformation of methods of protection of personal non-property rights cannot change their inexhaustibility.
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Andrew, Edward. « Simone Weil on the Injustice of Rights-Based Doctrines ». Review of Politics 48, no 1 (1986) : 60–91. http://dx.doi.org/10.1017/s0034670500037517.
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This paper explores Simone Weil's objections to a philosophy grounded on human rights. Weil thinks impersonal justice cannot be expressed in terms of personal rights. Rights, for Weil, are personal possessions; they are claimed or borne by some subject or person (me, you, her or them). The right or the just, however, is not susceptible to possession. When one substitutes a personal pronoun for the definite article before the word right (my right or their right instead of the right), justice is articulated in the manner of liberal contractualism but is biased against a notion of impersonal justice which Weil champions. The incompatibility of Weil's understanding of justice and a rights-based notion of justice is the subject-matter investigated in this article.
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Ross, Loretta J. « A Personal Journey from Women's Rights to Civil Rights to Human Rights ». Black Scholar 36, no 1 (mars 2006) : 45–53. http://dx.doi.org/10.1080/00064246.2006.11413347.
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刘, 念. « Proof of Personal Information Rights as a Fundamental Constitutional Right ». Open Journal of Legal Science 11, no 06 (2023) : 5465–70. http://dx.doi.org/10.12677/ojls.2023.116782.
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Bazarova, Dildora. « PROCEDURAL MECHANISM OF PROVIDING PERSONAL RIGHTS : THEORETICAL AND LEGAL BASIS ». International Journal Of Law And Criminology 03, no 06 (1 juin 2023) : 24–37. http://dx.doi.org/10.37547/ijlc/volume03issue06-06.
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This article scientifically researches the theoretical and legal aspects of the mechanisms for ensuring the rights of the individual in the criminal process. The article also analyzes the scientific views of scientists on the theoretical aspects of the mechanisms of ensuring the rights of the individual in the criminal process.
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Canosa Usera, Raúl. « La protección de la integridad personal // The protection of personal integrity ». Revista de Derecho Político 1, no 100 (20 décembre 2017) : 257. http://dx.doi.org/10.5944/rdp.100.2017.20700.
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Resumen:El artículo pretende analizar la evolución de la protección de la integridad personal en España desde la aprobación de la Constitución de 1978 hasta el presente.En primer lugar, se aborda el contexto en el que la Constitución fue aprobada y las opciones que al constituyente se le abrían. Se destaca que por primera vez en España se reconocía un específico derecho a la integridad, lo que no es habitual, al lado de la tradicional prohibición de torturas y penas o tratos inhumanos o degradantes que arrancó ya con la constitución de 1812.Era necesario analizar la protección de la integridad en el Derecho Internacional de los derechos humanos que España ha incorporado a su Orden jurídico, así como la Carta de Derechos fundamentales de la Unión Europea Que sí proclama el derecho a la integridad. En este sentido es destacable como el Tribunal Europeo de Derechos Humanos ha inferido el derecho a la integridad de la forma más generosa a través de una interpretación evolutiva del derecho a la vida privada.Sin embargo, no es fácil determinar ni cuál es el bien jurídico protegido ni cuáles las posiciones iusfundamentales que contiene; es decir, qué se protege y cuáles son las situaciones de la vida cuya vulneración el titular del derecho puede defender, llegado el caso, activando la labor tutelar de los tribunales. Por ello ha sido fundamental también el intenso desarrollo legislativo que lo ha concretado en diversos sectores del ordenamiento así como las medidas de protección en favor de los más vulnerables.Summary:1. The 1978 Context in which the right to integrity was recognized. 1.1 Overview of International Law and Foreign Constitutional Law. 1.2 The options of the Constituent Power in the process of drafting Article 15 of the Spanish Constitution. 2. The evolutionary interpretation of international law. 2.1 The extension of the protection field of Article 3 ECHR. 2.2 The inclusion of contents of the right to integrity into the right to respect for private life. a) Right to a criminal protection of the integrity. b) Right to authorize or refuse medical treatments. c) Right to sexual and reproductive life. The problem of abortion. d) Face to pollution. e) In the home. 3. Specific recognition of the right to integrity in the charter of fundamental rights of the European Union. 4. Determination of the fundamental positions under the right to integrity. 4.1 Procedural violation of the prohibition of torture. 4.2 Regarding health protection and in the heath field. a) Overlap with the right to health. b) Consent to medical treatment. c) Donations and transplants. d) Abortion as a potential exercise of the right to integrity by the pregnant woman. f) In the field of medical and scientific experiments. 4.3 Right to integrity against pollution. 4.4 Right to protection. 4.5 The guarantee to not suffer legal physical interventions and the exclusion of the indemnity guarantee. 4.6 In the special relationships of subjection. 4.7 In the labor market. 5. Conclusion: what object and what content?AbstractThe article tries to analyze the evolution of the protection of integrity in Spain since the Constitution came into force in 1978. First of all, it is addressed the context in which the Constitution was approved as well as the options opened to Constituent Power. It is underlined that, for the first time in Spain, a specific right to integrity is declared, something unusual at that time, together with the traditional prohibition of torture and inhuman or degrading treatment or punishment, already introduced in the Constitution of 1812.It was necessary to analyze how the protection of integrity in International Law on Human Rights, as well as the right to the integrity of the person, proclaimed specifically in the Charter of Fundamental Rights of the European Union. In this sense, it is remarkable how the European Court of Human Rights has inferred a right to the integrity from the right to respect for private and family life, by interpreting evolutionarily the Convention.However, it is not easy to determine neither the object of the right to integrity nor what are the fundamental positions, the life situations, whose violation should permit person to claim in Courts of Justice, by activating their protective function. For the rest, it has also been crucial the intense legislative development that has implemented, in various sectors of the legal system,measures of protection in favor of the most vulnerable people.
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Michałowska, Kinga. « Limits of Parental Interference in a Child’s Personal Rights – Selected Issues ». Białostockie Studia Prawnicze 27, no 3 (1 septembre 2022) : 49–69. http://dx.doi.org/10.15290/bsp.2022.27.03.03.
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Abstract The article discusses the issues of the limits of parental interference in children’s personal rights. The conducted research covers the subject broadly. It starts with the general issues of legal capacity as the basis for the protection of subjective rights and then proceeds to demonstrating the lack of limitations in the protection of a child’s personal rights. A child growing up in a family remains under parental authority, which gives rise to certain obligations and rights of parents towards the child. Parents look after, educate and guide the child, carrying out their duties in the best interests of the child and guided by their good. It happens, however, that by caring for children, parents violate their personal rights. Therefore, the determinants of exercising parental authority were examined. Particular attention was paid to the scope of rights resulting from parental authority, the assessment of the manner of exercising it, the right of the child to express his or her own position and the principle of the best interests of the child. These determinants made it possible to indicate the limit of parental interference in the child’s personal rights. The practical side of the implementation of the right to the protection of a child’s personal rights was also indicated, as well as a proposal to amend the content of the family and guardianship code.
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Bright, Susan, et Ben McFarlane. « PROPRIETARY ESTOPPEL AND PROPERTY RIGHTS ». Cambridge Law Journal 64, no 2 (7 juillet 2005) : 449–80. http://dx.doi.org/10.1017/s0008197305006926.
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THIS article focuses on a particular aspect of the operation of proprietary estoppel: it asks when a proprietary estoppel claim will give rise to a property right. The inquiry proceeds on the linked assumptions that proprietary estoppel is a means of acquiring rights and that rights thereby arising take effect immediately, without the need for any court order. Like any other means of acquiring rights, proprietary estoppel can give rise either to personal rights or to property rights: in some cases the estoppel claimant is acknowledged to have a personal right (e.g. to damages or a licence to use land); in others a property right (e.g. a lien; an easement; a lease; or a freehold). The central argument of this article is that proprietary estoppel should give rise to a property right only if that is necessary to protect the claimant’s reasonable reliance. Where a personal right gives sufficient protection that will have to do, whatever the claimant may have been promised or expected; this may well mean that the circumstances in which a property right arises are more narrow than has been thought.
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Sofiiuk, Taras. « Privacy and the concept of generations of human rights ». Law Review of Kyiv University of Law, no 2 (10 août 2020) : 255–58. http://dx.doi.org/10.36695/2219-5521.2.2020.46.
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The article studies the approaches to the concept of the «private sphere» of human life that are present in legal thought. Attentionhas been paid to the principles on the basis of which the human rights and freedoms in interstate relations are protected. The circumstancesthat are important for finding the optimal correlation between the human right to personal data protection and the right to informationare considered. The theoretical approaches to the concept of «three generations» of human rights that are present in legal thoughtare studied. The description of different generations of human rights is given. The discussions on the third generation of human rightswhich are ongoing and show that the list of human rights is not permanent and can be extended are considered. The consideration isgiven to the need to ensure human rights in the information society. Attention is paid to the issue of distinctive features of the «personalrights» category. It is indicated that personal rights are usually attributed to the so-called first generation of rights (in accordance withthe historical stages of affirmation of rights). The circumstances under which the right to respect for privacy arose are clarified. Thephenomenons that form the basis of the right to privacy of personal information and of the awareness of the concept of the «privatesphere» of human life are highlighted. The emergence of the right to respect for privacy as a broader category, which later became thebasis for the development of an independent legal institution of personal data is considered. The history of judicial approbation of thefirst concept of the right to privacy in the United States is reflected. The problematic aspects of legal formation of the right to privacyare considered. The position that is present in legal thought according to which it is advisable to divide the general problem of protectinghuman privacy into sectors that require separate legislative regulation is studied. It is stated that the «personal rights» category meansthat the subject has such acts that ensure his or her autonomy, priority of internal, individual guidelines. The measures that can help tosolve the problems related to finding an optimal correlation between the human right to personal data protection and the right to informationare proposed.
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Hepburn, Samantha, et Pieter Badenhorst. « Bridging the Divide between Rights In Personam and Rights In Rem in Land Transactions : A Comparative Perspective of Australian and South African Law ». African Journal of International and Comparative Law 32, no 1 (février 2024) : 90–111. http://dx.doi.org/10.3366/ajicl.2024.0475.
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In transactions relating to land a distinction is made between the creation of personal or contractual rights (rights in personam) by contract, and real rights (rights in rem) via the registration process. Historically, additional, or special rights or interests have been conferred upon the vendor and purchaser to provide protection for the time period between the creation of rights in personam and the creation of rights in rem. The focus of this article is to identify and examine the nature and operation of these protective rights and compare their application in Australia and South Africa. These protective rights are recognised in different ways in both Australia and South Africa via common law, equity and legislation. It is concluded that interim protective equitable rights in Australia and a special category of personal rights under South African law provide a bridge to the creation of full in rem rights.
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Mohd Noor, Nor Azlina, Ahmad Shamsul Abd Aziz et Mazita Mohamed. « CELEBRITY PERSONA : LEGAL RIGHTS IN MALAYSIA ». International Journal of Law, Government and Communication 5, no 19 (15 juin 2020) : 145–55. http://dx.doi.org/10.35631/ijlgc.5190011.
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A celebrity has its own persona and has a right that can be protected by the law. The status of a celebrity can be obtained in certain circumstances such as through birth or descent as well as through skills or occupation. Celebrity rights are special and unique rights. This is because the right seems to be the property and belongs to the celebrity. The words celebrity is often associated with fame, money, power, publicity, extravaganza, achievements, fandom, culture, and is sometimes matters relating to scandal or even for something shameful. Accordingly, the public has no right to arbitrarily use the celebrity's right. Celebrity rights can be made up of three main rights which are personality, privacy, and publicity rights. In the age of social media, almost everyone can be a celebrity. Therefore, legal protection for celebrities is very important to be discussed. In Malaysia, there is no specific legislation regarding celebrity rights such as those found in other countries such as the United States. An issue that needs to be taken into account is in the absence of the specific law, how do the rights of these celebrities are legally protected in Malaysia. Therefore, this article discusses celebrity rights and related laws in Malaysia, especially under intellectual property law. This article applied the method of legal research through library research. This article concludes that while Malaysia does not have any specific legal provisions for celebrity rights, the infringement of celebrity rights can be catered upon through a variety of relevant laws such as intellectual property law like several provisions relating to copyright and trademark protection. In addition, with the advent of social media, celebrity rights are also protected by laws such as the Communications and Multimedia Act 1998. Privacy-related laws such as the Tort law and the Personal Data Protection Act 2010 can also be used to protect these celebrity rights.
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Lynskey, Orla. « DECONSTRUCTING DATA PROTECTION : THE ‘ADDED-VALUE’ OF A RIGHT TO DATA PROTECTION IN THE EU LEGAL ORDER ». International and Comparative Law Quarterly 63, no 3 (25 juin 2014) : 569–97. http://dx.doi.org/10.1017/s0020589314000244.
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AbstractArticle 8 of the EU Charter of Fundamental Rights sets out a right to data protection which sits alongside, and in addition to, the established right to privacy in the Charter. The Charter's inclusion of an independent right to data protection differentiates it from other international human rights documents which treat data protection as a subset of the right to privacy. Its introduction and its relationship with the established right to privacy merit an explanation. This paper explores the relationship between the rights to data protection and privacy. It demonstrates that, to date, the Court of Justice of the European Union (CJEU) has consistently conflated the two rights. However, based on a comparison between the scope of the two rights as well as the protection they offer to individuals whose personal data are processed, it claims that the two rights are distinct. It argues that the right to data protection provides individuals with more rights over more types of data than the right to privacy. It suggests that the enhanced control over personal data provided by the right to data protection serves two purposes: first, it proactively promotes individual personality rights which are threatened by personal data processing and, second, it reduces the power and information asymmetries between individuals and those who process their data. For these reasons, this paper suggests that there ought to be explicit judicial recognition of the distinction between the two rights.
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Lazareva, Daria. « Subject matter, content and structure of the right to freedom and personal inviolability : problem aspects. » Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no 3 (30 septembre 2021) : 72–79. http://dx.doi.org/10.31733/2078-3566-2021-3-72-79.
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The scientific article draws attention to the subject of the right to liberty and security of person and its place in the science of legal law. The content of this right in terms of its components is also studied. Particular attention is paid to the structure of the right to liberty and security of person, namely: the division into two independent structural elements: the right to liberty and the right to personal integrity. The case law of the European Court of Human Rights is studied through the prism of guarantees of the right to liberty and security of person contained in Art. 5 of the Convention. Freedom and personal inviolability are personal human rights, which in the theory of legal and philosophical thought are defined as natural rights that belong from birth and, according to the generally accepted classification, belong to the first generation of (civil and political) human rights. The right to liberty and security of person is a fundamental right of every person and citizen, inalienable and personal, and belongs to the list of natural rights and is perceived by civil society through the prism of the theory of natural law, which has existed for several centuries. The article forms a certain position on the approach to the study of the right to liberty and security of person, its structural elements, it is important to follow a systematic approach, to consider this right as a set of interrelated elements on the principles of integrity, structure, plurality and equality. «Freedom» and «personal inviolability», which in close cooperation form a single complex. These categories should be considered the subject of the right to personal inviolability in the narrow sense, but the freedom of the individual from unlawful encroachment on property, honor, dignity, from unauthorized interference in private and family life is the subject of the right in the broadest sense.
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Logarušić, Dejan, et Ivica Lazović. « Personal rights and freedoms : The forms and trends of protection ». Pravo - teorija i praksa 40, suppl (2023) : 1–12. http://dx.doi.org/10.5937/ptp2301001l.
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In the paper, the authors analyze the history, application and effects, respectively the achieved level of personal rights and freedoms as a part of human rights. The right to life is an elementary human right, a right that is natural, permanent, unchangeable, inalienable and no one has the right to dispose of another's life. The European Convention prohibits the death penalty or the states undertake not to carry it out striving to remove the death penalty from the law. Personal rights include the right to respect and inviolability of the physical, moral and spiritual integrity of every person. A large number of multilateral conventions advocate the prohibition of slavery and human trafficking. The right to marry, start a family and have children is included in the family law, as well as the inviolability of the apartment and property relations of the spouses regarding the property acquired in marriage and before marriage. The inviolability of the secret of letters is recognized by the European Convention on the protection of the acquired rights and guarantees for their respect. The electronic communication network represents transmission systems that, for the sake of security, integrity and confidentiality of communications, should apply adequate measures. The right to protection of personal data represents an additional guarantee of inviolability of human integrity. In the paper, there has been used a normative method, supplemented with an analytical and deductive methodological approach, as well as a basic quantitative data analysis and the provisions of the Criminal Code. The achieved level of human and minority rights cannot be reduced. The paper itself represents a contribution to a higher development and application of the equal regulation at both the national and international levels.
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Jiménez, Antonio Felipe Delgado. « El Derecho a la Intimidad y a la Protección de Datos Personales en el Ámbito Laboral ». REVISTA INTERNACIONAL CONSINTER DE DIREITO 13, no 13 (21 décembre 2021) : 357–85. http://dx.doi.org/10.19135/revista.consinter.00013.17.
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The balancing function, between worker and employer, of the fundamental rights in the field of the labor relationship is analyzed, while emphasizing that the right to privacy is not an unlimited right, but that it can yield to other constitutional rights. Likewise, the right to the protection of personal data is studied – distinguishing it from the right to personal privacy – which aims to guarantee the freedom of the individual in relation to their self-determination regarding the processing of their personal data by third parties.
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Mack, Eric. « Personal Integrity, Practical Recognition, and Rights ». Monist 76, no 1 (1993) : 101–18. http://dx.doi.org/10.5840/monist199376112.
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Gozdecka, Dorota. « Human rights law and personal identity ». Social Identities 22, no 5 (21 mars 2016) : 554–57. http://dx.doi.org/10.1080/13504630.2016.1151579.
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Birks, Peter. « Personal Property : Proprietary Rights and Remedies ». King's Law Journal 11, no 1 (janvier 2000) : 1–18. http://dx.doi.org/10.1080/09615768.2000.11423590.
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Das, Satarupa, et Rashmi Athwaite. « Indian Personal Law and Women's Rights ». Journal of Social Science and Humanities 6, no 8 (28 août 2024) : 20–23. http://dx.doi.org/10.53469/jssh.2024.06(08).05.
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Women rights are undeniably connected to personal laws, the Indian Constitution, and other particular laws in a multi - religious country like India. From an equality point of view, the personal law system in India is perceived as problematic since it provides for different laws for different communities. Also women under the attire of religion are often discriminated against in the matters of divorce, maintenance, inheritance etc. In such situation, the introduction of uniform civil code is thought to be a path towards gender justice securing rights of women. This paper shall examine different personal laws vis - a - vis women rights and whether UCC in India will be a boon or bane for women rights.
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Grigorenko, O. V. « Personal non-property rights : genesis of legal regulation in Ukraine ». Uzhhorod National University Herald. Series : Law, no 67 (16 janvier 2022) : 69–72. http://dx.doi.org/10.24144/2307-3322.2021.67.13.
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Personal non-property rights are important components of everyone's rights capacity. The well-being of each of us essentially depends on the scope of personal non-property rights, how they will be established in law, because personal non-property rights are the basis of any person's life, they are the rights that a person acquires from birth and remains them till one’s death.
The issue of personal non-property rights settlement occupies one of the central places in civil law science. Real provision of human rights is considered as a sign of a developed constitutional state, the result of building the democratic relations.
Legislative consolidation of general provisions on personal non-property rights in Chapter 20 of the Civil Code of Ukraine was once perceived as a new stage in ensuring the comprehensive development of the individual, protection of his life, freedom, honor, dignity, security and inviolability. We fully share the views of authors and believe that the adoption of the Civil Code marked the beginning of a new era in the regulation of personal non-property relations and ensuring the rights of individuals in Ukraine.
In our opinion, for a fuller understanding of these rights it is necessary to study the development of personal non-property rights in Ukraine: from the first scientific studies on a given topic to the latest novels - analysis of the Concept of updating the Civil Code of Ukraine, presented by members of the working group. Interesting and noteworthy are the proposals of the authors of the Concept on the consolidation and specification of personal non-property rights, expanding the rights on the security of individuals, strengthening the right to privacy, protection of personal data and many others.
The conducted analysis shows the foresight of the domestic legislator, his broad view of the challenges and forehanded and adequate response to them. Indeed, we can not ignore the rapid development of science and technology, the emergence of new relationships that require detailed legal regulation.
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Dobreva, Alena. « Personal data protection in the electronic communications sectors ». Yearbook Telecommunications 9 (30 décembre 2022) : 97–105. http://dx.doi.org/10.33919/ytelecomm.22.9.10.
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The right to protection of personal data is part of the rights protected under the European Convention on Human Rights, which guarantees the right to respect for private and family life, home and correspondence and defines the conditions under which limitations of this right are allowed. The development of communications and information technology in every public sector makes it increasingly easy to access and process personal data. This requires certain guarantees for the inviolability of personal information and privacy and at the same time implies the existence of clear rules to guarantee this protection. The specificity of data processing in electronic messages requires that, along with the general rules, additional requirements be introduced in the construction of networks and the provision of services.
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Andrew, Edward. « Inalienable Right, Alienable Property and Freedom of Choice : Locke, Nozick and Marx on the Alienability of Labour ». Canadian Journal of Political Science 18, no 3 (septembre 1985) : 529–50. http://dx.doi.org/10.1017/s0008423900032443.
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AbstractThis article attempts to illuminate a contradiction at the heart of the notion of natural rights. Natural rights are commonly thought to be both inalienable and the property of individuals. As the right or the law is privatized as my rights, her rights, our rights or their rights, rights come to be viewed as personal properties. A distinction is made between personal possession and private property (which entails the title to alienate what is owned) in order to speak significantly of our possession of inalienable rights. For Locke, we possess an inalienable right to life and liberty precisely because we do not own our lives and liberties. Moreover, we can alienate our person, or our ability to labour, precisely because it is our private property. For Nozick, rights are individual properties. Thus, for Nozick as distinct from Marx, one has the right to sell anything (one's life, liberty, labour or soul) at the market price.
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Nikulenko, Andrey, et Maksim Smirnov. « The right for defense to protect property rights and personal non-property rights : real or illusive ». Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2024, no 3 (27 septembre 2024) : 228–39. http://dx.doi.org/10.35750/2071-8284-2024-3-228-239.
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Introduction. By virtue of the provisions of Article 45 of the Constitution of the Russian Federation, everyone is guaranteed the right to defend personal rights and freedoms in all ways not prohibited by law. This fundamental constitutional principle is reflected in Article 37 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), which enshrines the right of any person to the necessary defence, that is, to harm (up to deprivation of life) an encroaching person while suppressing socially dangerous encroachments protecting oneself or other persons, the legally protected interests of society or the state. For a long time, the issue of the possibility of protecting property rights, including housing, within the framework of necessary defense remained debatable. Finally, in May 2022, amendments were made to the resolution of the Plenum of the Supreme Court of the Russian Federation dated 09/27/2012 Nº 19, enshrining the right for necessary defense in the event of expected changes that will empower citizens to serve as a basis for their revision. In this regard, it should be recognised as relevant to consider the issue of determining the limits of lawful infliction of harm in the suppression of encroachments related to illegal penetration of housing. Within the framework of this work, the authors also consider the issue of determining the limits of lawful infliction of harm in defence against encroachments on personal non-property rights, both associated and not associated with the use or threat of use of violence dangerous to the life of the defender. Research methods: theoretical, comparativelegal, method of formal logics, method of interpretation of legal norms. Due to the results of the research, the authors give a list of situations which were not taken into account by the judicial community including the right to defend the house, which should serve as a basis for legal review of the case. In addition, the authors point to the need to optimize Article 37 of the Criminal Code of the Russian Federation, the provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012 No. 19 in terms of expanding the right for necessary defense due to the possibility of suppressing administrative offenses within its framework and bringing it into line with Article 37 of the Criminal Code, as well as other circumstances excluding criminality acts, «special legislation» defining the procedure and grounds for the use of force and weapons by law enforcement officers.
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Nikitina, Elena. « Information Security as an Element of the Personal Constitutional Status ». Journal of Russian Law 28, no 1 (2024) : 81. http://dx.doi.org/10.61205/jrp.2024.1.4.
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The article is devoted to the identification and their correlation of such legal concepts as “constitutional and legal status of a person” and “information security of a person”. The article is focused on the main factors affecting the constitutional and legal status of a person, which include political and economic conflicts, the crisis of international law, the widespread use of new technologies, including information and communication technologies. In order to identify the nature of the relationship between the constitutional and legal status and information security of a person, the author analyzes the content of the concept of “information security of a person”, “digital security of a person”, “cybersecurity of a person”. Under the information security of a person, which is much more comprehensive than digital security, the author understands the achievement of personal security along with the guarantees of realization of rights, freedoms and legitimate interests related to information. It argues that the information security is connected not only with ensuring the right to information, but also with a whole range of constitutional rights, in particular, with such ones: 1) the openness and reliability of information about the activities of all public authorities; 2) obtaining information that needs to exercise other constitutional rights (the right to access to cultural values, the right to health protection, etc.); 3) information related to a person's identity, personal data; rights realized in the digital space by information and communication technologies. The author studies the provisions of the National Security Strategy of the Russian Federation and the Information Security Doctrine of the Russian Federation, which has showed that the rightful content of the information security of a person is to protect human rights and freedoms and relevant legitimate interests. The article concludes that personal information security cannot be recognized as a new human right. It is an element of the constitutional and legal status and refers to the guarantees of human rights and freedoms.
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Vashurina, S. S. « The Impact of Digitalization on the Constitutional Rights of Citizens ». Theoretical and Applied Law, no 1 (17 avril 2024) : 74–83. http://dx.doi.org/10.22394/2686-7834-2024-1-74-83.
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The digitalization of public relations and state administration is the main trend of today. The introduction of digital technologies accompanies each of us in most areas of public life and affects personal, economic, political and cultural rights. The use of technology is intended to make it easier to exercise the rights for citizens; however, this trend creates conditions in which these rights can be violated. Within the framework of this study, the author considers the evolution of the concept of human and civil rights under the influence of the technological process and changes in tools that allow one to exercise one’s rights. The current legislation of the Russian Federation is primarily focused on the protection of personal data and personal security on the Internet, and by introducing special norms into basic laws, it creates conditions for the implementation of the rights such as active suffrage, the right to education, the right to access to justice and other rights. This approach is characterized by fragmentation, although digitalization forces the legislator and other regulators in this area to create a system of legal regulation.
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Bondarenko, E. N., et E. A. Mzhavanadze. « The Right to Health as a Personal Non-property Right in Relation to Work ». Courier of Kutafin Moscow State Law University (MSAL)), no 2 (20 mai 2024) : 67–75. http://dx.doi.org/10.17803/2311-5998.2024.114.2.067-075.
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The article is devoted to the problem of personal intangible labor rights, which is little studied in the science of labor law, as the most important part of the content of the labor relationship, which has become relevant during the transition of society to the information state. The right to health is one of the most important personal intangible right of an employee. Due to its binding nature, it can be carried out only in an employment relationship, therefore it is necessary to legalize it as one of the main subjective rights of an employee in the Labor Code. The current Labor Code does not contain the concept of personal non-property rights and does not include the basic rights of an employee as such. Even though the fact that personal character as a sign of an employment relationship has always existed throughout the history of labor law (both legally and in doctrine). In the science of labor law, the question of the need for in-depth research of the non-property part of the labor relationship has historically remained relevant, although ambiguously understood. Our science has accepted deeply researched civil law categories of personal non-property rights and intangible benefits, but it seems that not all of them are relevant for personal non-property labor rights. The article attempts to critically analyze the opinions expressed in science and offer their views on this controversial issue.
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Hou, Yibo. « Children's Right to Personal Information towards Public Law ». Frontiers in Sustainable Development 2, no 9 (30 septembre 2022) : 44–47. http://dx.doi.org/10.54691/fsd.v2i9.2143.
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Children's personal information rights have both public and private law attributes. However, in the digital age, the protection of children's personal information in the mode of private law has been weakened. Children's right to personal information is gradually moving towards public law, and its right attribute should be a constitutional right. As a constitutional right, children's personal information right is more focused on the state's active protection obligation.
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Dudás, Gábor János, András György Kovács et Márton Schultz. « Personal Data as Consideration ». Santander Art and Culture Law Review 9, no 2 (13 décembre 2023) : 215–42. http://dx.doi.org/10.4467/2450050xsnr.23.029.18649.
Texte intégralRésumé :
This article argues that personal data may have a commercial value in the European legal systems, and as such it can function as a consideration and has a quid pro quo character. It claims that the European Data Protection Board (EDPB) should not exclude that data concerning the data subject can be used as contractual consideration, especially in the world of the Internet. In particular, it cannot be excluded solely on the basis that the right to privacy is not transferable, a position taken thus far in the EDPB’s practice. This proposed new approach is supported by the fact that in some EU Member States the property aspects of the general right of personality have been recognized, a stance which may also apply to personal data, without the need to recognize a kind of data ownership or sui generis intellectual property right in the data. Thus, the theory of commercial aspects of personality rights can be linked to the commercial value of personal data. The quid pro quo function of personal data may also be recognized in line with the provisions of the General Data Protection Regulation (GDPR). In fact, maintaining the interpretation of the EDPB – which denies the quid pro quo character of personal data from a fundamental rights perspective – means that the dangers of such data processing cannot be assessed. This affects cultural heritage in many aspects – from the sending of newsletters to selling merchandise products in museums. The EDPB’s guidelines, as soft law, have no direct impact on the case-law of the national courts, thus this also significantly increases the risk of a collision between the simultaneously available remedy regimes established by the GDPR.