Organizations in Society: A ‘Non-ideal’ Approach

In general, there are judicial and extrajudicial ways to protect human rights in the EU. Judicial protection of human rights from violations by international institutions falls within the jurisdiction of the Court of Justice. Extrajudicial institutions that protect the rights of the individual include the following: the Ombudsman of the European Union, the EU Agency for Fundamental Rights, and EU bodies such as the European Commission and the Council of the EU. It should be noted that the functions of these bodies in the field of individual rights are to protect the rights of the individual from violations by the bodies of the European Union and not the EU Member States. Extrajudicial bodies responsible for the protection of individual rights should be distinguished as follows. Depending on the purpose of education: specialized institutions for the protection of individual rights: the Agency for Fundamental Rights of the European Union, the Ombudsman of the European Union, and bodies of general competence: the European Commission or the Council of the EU. According to the subject of the appeal to the Institute for Protection of Rights: the Ombudsman of the European Union, for appeals of individuals, the Agency for Fundamental Rights of the European Union, which provides for appeals of certain bodies of the European Union and the Council of the EU. The Council of the European Union is the main body of the EU in terms of performing various functions. It is considered the main rule-making body of the EU. It is important to note that the issue of protection of individual rights is not a priority, but only one of the functions of this EU body. The main executive body of the EU is the Commission of the European Union, which performs the function of investigating illegal actions and can impose penalties on violators. The object of illegal actions may be an offense by a Member State of the requirements imposed on it by the EU's founding treaties, including human rights offenses. The basis in this process, within the framework of the investigation, is the right of both natural and legal persons to apply to the Commission for illegal actions committed by a Member State. The human rights procedures used by the Commission should be considered quite effective, as they combine both information and representation. Since the entry into force of the Maastricht Treaty, the EU has established a mechanism for the protection of human rights, namely the Ombudsman of the European Union.

The rapid pace of digital innovation presents significant challenges to existing privacy laws, necessitating a delicate balance between technological advancement and the protection of individual rights. This paper explores the evolving landscape of privacy law, highlighting the tension between fostering digital innovation and ensuring robust privacy protections. Through a historical overview, the paper traces the development of privacy laws from their inception to the current global regulatory framework, including key legislations such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). It delves into the challenges posed by emerging technologies, such as artificial intelligence, the Internet of Things (IoT), and big data, and examines case studies that illustrate these challenges. The analysis reveals a dynamic interplay between innovation and privacy, where stringent regulations may impede technological progress, while lax privacy protections may undermine individual rights. The paper proposes legal reforms and innovative approaches to privacy protection, advocating for a flexible legal framework that can adapt to technological advancements while safeguarding privacy. The conclusion underscores the importance of ethical considerations in shaping future privacy laws and the need for a balanced approach that supports both digital innovation and the protection of individual rights.

With the will to establish the rule of law, since the end of the 1980s both ideological and cultural changes were made in the Chinese legal system: administrative legislation no longer aims only to guarantee the efficiency of the administration but increasingly to protect individual rights. From the beginning of the 1990s, a series of laws and regulations were instituted regarding relations between citizens and the administration. Among these texts, the Administrative Litigation Law, described as a ‘Silent Revolutionary Act’, was the most decisive step in the development of the protection of Individual rights facing administrative authorities. With the amendment of 2014, the legislator tends to make the Administrative Litigation Law into a real instrument for the protection of individual rights. Beyond the legislative protection, doctrinal and political principles can also condition administrative activities, such as the principle of legality. Most of the principles known to Western systems can be observed in the Chinese notion of legality.

This article uses empirical data to analyse the meaning of rule of law with Chinese characteristics. It compares rule of law data on China, Hong Kong and Singapore from the World Justice Project and finds patterns of more limited protection of individual rights and fewer limits on governmental powers. It then uses Geert Hofstede’s cultural dimensions to consider whether those patterns are related to common cultural characteristics. It finds low scores on the cultural value of individualism in those three jurisdictions are correlated with lower protection for individual rights, and that high scores on Hofstede’s Power Distribution Index are inversely correlated with strong governmental powers. It concludes that rule of law with Chinese characteristics means a version of rule of law with more limited protections for individual rights and with strong governmental powers with fewer legal limitations.

Unpacking the Relationship between Prosecutors and Democracy in the United States

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Agile software engineering increasingly seeks to incorporate design modification and continuous refactoring in order to maintain code quality even in highly dynamic environments. However, there does not currently appear to be an industry-wide consensus on how to do this and research in this area expresses conflicting opinions. This paper presents an empirical study based upon an industry survey aimed at understanding the different ways that refactoring is thought of by the different people carrying out different roles in agile processes and how these different people weigh the importance of refactoring versus other kinds of tasks in the process. The study found good support for the importance of refactoring, but most respondents agreed that deferred refactoring impacts the agility of their process. Thus there was no universally agreed-upon strategy for planning refactoring. The survey findings also indicated that different roles have different perspectives on the different kinds of tasks in an agile process although all seem to want to increase the priority given to refactoring during planning for the iterations in agile development. Analysis of the survey raised many interesting questions suggesting the need for a considerable amount of future research.

The international legal regimes for refugees and for statelessness have much in common. Both aim at mitigating an absence of State protection of individual rights, while the treaties central to each are related in substance, structure and seek to balance similar concerns. Another similarity is more recent: both face challenges amidst new concerns and new law in the area of counterterrorism. The last two decades have seen a sharp increase in international rules on counterterrorism, the impact of which can also be seen in immigration law and administrative powers. That impact is conditioned by how ‘terrorism’ itself is defined, and Section 2 of this article will highlight some consequences of domestic approaches and why the capacity of international law to impose limits on domestic definitions is often overstated. Section 3 will consider the interaction between counterterrorism law and refugee law, arguing that current difficulties arise not from the substance of the rules but from practical, resource-based challenges. Section 4 will consider legal and practical questions raised by recent practice in withdrawing nationality due to suspected involvement in terrorism, a measure applied to both dual nationals and to those at risk of statelessness. This article will argue that the new threats and responses thereto do pose important practical challenges requiring further attention and resources. But that does not mean that new substantive law is required: the ‘old rules’ adequately balance security concerns with the protection of individual rights, and are more than adequate to meet contemporary challenges.

개인정보자기결정권은 헌법전에 명문으로 규정되지 않았음에도 불구하고 헌법해석에 의해 기본권으로 인정되는 기본권이다. 그리고 개인정보자기결정권이라는 기본권은 정보화시대에 정보주체의 사생활 보호 등 여러 보호영역과의 관련성을 갖는 중요한 기본권이다. 그런데 메르스 사태 이후 현재의 코로나19 상황에 이르기까지 감염병 예방과 전파방지의 과정 속에서 개인정보의 제한과 침해에 대한 숙고와 검토가 필요하다는 것이 자명해졌다. 왜냐하면 실제로 코로나 19에 대한 효과적 대응을 위한 정보공개 시스템 실행의 이면에는 확진환자 개인의 사생활이 여과 없이 공개되는 부작용 발생이 적지 않았기 때문이다. 이미 국가인권위원회도 확진자의 과도한 사생활 노출로 인한 인권침해가 발생하지 않도록 해야 한다고 권고한 바 있다. 이러한 상황에 대한 문제의식을 바탕으로 이 글에서는 개인의 민감정보 등 개인정보 공개와 관련한 개인정보 보호법과 감염병 예방법의 관련 규정들을 상관적으로 검토하였다. 특히 개인정보자기결정권과 관련하여 감염병 예방법상의 정보공개와 관련된 규정인 제34조의2 규정을 중심으로, 확진자의 내밀한 사생활을 보호할 수 있는 세부적이고 합리적인 공개기준의 정립 여부와 특히 위치정보 등의 공개로 인한 권리침해의 문제에 대해 살펴 보았다. 일반적인 개인정보와 구분되는 개인위치정보의 특성을 고려할 때 개인위치정보가 개인정보 보호법상의 민감정보에 해당될 수 있는가, 개인위치정보의 분류에 관하여 온라인행태정보유형으로 생존하는 개인에 관한 정보로써 개인정보 가명가공정보익명가공정보 중 어디에도 해당하지 않는 정보유형으로 새로이 “개인관련정보”를 입안하는 방안의 검토, 감염병 예방법상 개인위치정보를 비롯한 개인정보를 제공하고 공개함으로써 발생될 수 있는 권리침해에 관한 대책과 절차에 대해 검토하였다. 개인정보에 관련된 법제는 그 정보의 보호와 이용이 동시에 고려되어야 할 필요가 있다. 즉 개인정보 관련법제는 ‘개인정보의 유용성 배려’와 ‘개인의 권리이익 보호’의 균형을 맞추는 병존적 구조를 반영한 것이어야 할 것이다. 다만 양법익 간의 관계에 있어서는 ‘개인의 권리이익 보호’가 우선적으로 고려되는 것이어야만 함은 물론이다. 안전사회 추구로 인한 부작용을 간과해서는 안되는 것도, 개인정보의 유통으로 인한 비재산적 손해에 대한 배상책임을 고민해야 하는 것 도 이러한 헌법정신에 기인한다고 하겠다. 감염병 예방법의 새로운 수정이 시작되어야 한다.The right to self-determination of personal information is a basic right recognized as a basic right by constitutional interpretation, even though it was not prescribed in the Constitution. And this right is an important basic right that has relevance to various areas of protection, such as protection of the privacy of the information subject in the information age. However, from the MERS outbreak to the current COVID-19, it has become apparent that it is necessary to consider and review the restrictions and infringements of personal information in the process of preventing infectious diseases and preventing transmission. This is because, in fact, behind the implementation of the information disclosure system for effective response to COVID-19, there were not a few occurrences of side effects in which the personal life of confirmed patients was disclosed without filtering. The National Human Rights Commission of Korea has already recommended that human rights violations should not occur due to excessive exposure of the confirmed person s private life. Based on the awareness of the problem in this situation, in this article, the related regulations of the Personal Information Protection Act and the Infectious Disease Control and Prevention Act related to the disclosure of personal information, such as personal sensitive information, were reviewed correlatively. In particular, with respect to the right to self-determination of personal information, detailed and reasonable disclosure standards have been established to protect the confidential personal life of the confirmed person, with a focus on Article 34-2, which is a regulation related to the disclosure of information in the Infectious Disease Prevention Act, and, in particular, disclosure of location information, etc., I reviewed the problem of infringement of rights caused by. Considering the characteristics of personal location information that are distinguished from general personal information, can personal location information correspond to sensitive information of the Personal Information Protection Act?, review of a plan to devise a new “personal-related information” as an information type, review measures and procedures for rights infringement that may occur by providing and disclosing personal information including personal location information in the Infectious Disease Control and Prevention Act. Legal systems related to personal information need to consider the protection and use of the information at the same time. In other words, the legislation related to personal information should reflect the coexistence structure that balances “consideration of the usefulness of personal information” and “protection of individual rights and interests”. However, in the relationship between the two legal interests, ‘protection of individual rights and interests’ should be given priority. It can be said that this constitutional spirit should not overlook the side effects caused by the pursuit of a safe society and the need to consider liability for compensation for non-property damages caused by the distribution of personal information. A new modification of the Infectious Disease Control and Prevention Act must be initiated.

This article aims to discuss selected problems related to the protection of individual rights and freedoms during the period of emergency. In his letter, the author refers to regulations contained in the European Union law and the European Convention on Human Rights. Then, individual solutions adopted in such countries as Great Britain, France, Germany, Lithuania and Poland are discussed. The author puts particular emphasis on the assessment of regulations in Poland and Lithuania, bearing in mind the principle of propetionality emphasized in the case law of the European Court of Human Rights in Strasbourg

The article uses Ukraine as a case study to demonstrate various forms of organization of studies at small-sized rural schools. It mentions factors that affect shrinking of number of pupils in rural schools: demographics, external and internal labour migration. It elaborates on the notion of a «small-sized school» and names its positive features and drawbacks. It characterises the major types of small sized junior schools in rural areas: a small-sized school of the 1st grade, an educational complex «junior school-kindergarten», educational establishment «family school». The article mentions and characterises forms of education that could be used in different types of small-sized junior schools: a lesson at a small-sized school, a lesson in a joint grade (grade set), an individual form of studying. The existence of possibilities for individualized studying is a peculiarity of a lesson in a small-sized junior school. The characteristic peculiarities of a lesson in a joint grade (grade set) are the individual work, limited opportunities for the use of illustrative material, multimedia tools of studying, separate methods in every grade. Types of work are mebtioned that are advisable to use in a grade set at the stage of «individual work» (practice exercises, fulfilling tasks according to a scheme, instruction, a memo, algorithmic prescription, test tasks, different kinds of language parsing, silent reading of a text, with different kinds of tasks etc.) and «work with a teacher» (using the explanation of new material, checking students’ knowledge, skills and abilities, different kinds of reading the text, doing oral exercises, calculations, repetition of educational material etc.). The peculiarities of organization of lessons with pupils of small rural schools with an individual form of studying are described. The teaching for such students is organized based on an individual curriculum, which is based on a typical curriculum. One to five students of one or different grades may be engaged under the individual form of studying with a teacher. Depending on the duration of lessons and the number of students the following forms of work are to be chosen: teacher’s explanation, doing practice exercises, different types of work on essays and so on. In such circumstances a teacher has an opportunity to create an individual approach to students. The forms of organization of studying process at a «family school» establishment depends on the number of grades and pupils in these grades. It may be a simple lesson with few pupils, a lesson in a grade set or an individual lesson.

The objective of the research was to identify threats to individual rights in criminal proceedings during martial law. The research involved system methods, descriptive analysis, systematic sampling, doctrinal approach and forecasting. Martial law introduced as a result of armed conflict carries important implications for criminal justice. Ensuring the observance of individual rights in criminal proceedings during this period applies to several crimes, the common feature of which is the time of their commission. The classification of subjects of prevention of infringement of such rights is presented. The prospects for improving the protection of individual rights in criminal proceedings require international assistance in the detection of crimes related to the armed conflict. It is concluded that ensuring the observance of individual rights in criminal proceedings during martial law requires combining the efforts of national and international specialists. Prospects for improving this process envisage international assistance with increased use of its results as evidence in national and international courts. It is appropriate to develop international recommendations for national law enforcement agencies and judicial bodies.

Since 9/11, States have persistently sought to adapt their counter-terrorismTerrorism toolkit to the, perceived as unprecedented, threat of terrorismTerrorism . What has been a considerable departure from previous approaches is the extent of transnational State cooperation on matters of national securityNational security —particularly in the context of intelligenceIntelligence gathering, processing and information sharing. What can be described as entrenched 'information intoxicationInformation intoxication ' of security agencies has not only resulted in operational changes within the intelligenceIntelligence community but has also led to procedural shifts within national courts. In order to accommodate the growing utilisation of sensitive intelligenceIntelligence evidenceEvidence within national securityNational security and criminal investigations, domestic courts have been increasingly called upon to engage with such evidenceEvidence in closed proceedings. In the United KingdomUnited Kingdom , courts have been tasked with evaluating sensitive intelligenceIntelligence evidenceEvidence to assess whether an individual should be subjected to a particular counter-terrorismTerrorism measure and/or the impact of this measure on their individual human rightsHuman rights . Within the Dutch courts, such evidenceEvidence has been examined when deciding whether to impose a criminal conviction for engagement in terrorism activitiesTerrorism activities . The sensitivity and complexity of such cases have been accommodated through so-called conditional inclusion of intelligenceIntelligence within court proceedings models despite the courts' traditional reluctance to engage with such evidenceEvidence . In this context, the following discussion proposes to engage in a critical reflection on whether—and if yes, how—the respect and protection of individual rightsIndividual rights and human dignityHuman dignity within the United KingdomUnited Kingdom and the NetherlandsThe Netherlands has changed since the introduction of these models.

This article contains the author’s opinions and her attitude to the law of body and things, search and seizure procedures carried out by legally authorised law enforcement agencies in order to gain sufficient evidence to ensure the arrest and conviction of an offender, focused particularly on the Police. There is a comprehensive and essential evaluation of existing law in this area and presentation of doubts concerning the practices of the rights given in law for law enforcement agencies. There is an argument in a potential discussion against possible violations of individual rights by the police when dealing with this matter. The article indicates the existing shortcomings which can appear in the daily routine work of law enforcement agencies or their representatives. The existing regulations do not provide enough protection for individual rights in confrontations with entitled police officers, giving them an opportunity to act on the edge of law. As an example, the author focuses on search and search and seizure based only on doubtful suspicion, which is clearly seen in police work and searches based only on production of a Police officers ID and before receiving authorized permission and acceptance given by a prosecutor or court. The conclusion suggests looking for a more correct and moral balance between the transparency of this activity and the rights of individuals faced with these issues and problems.

Predicting disease progress with imprecise lab test results