Access to constitutional complaint procedures: A real chance?

In a recent decision, the European Court of Human Rights concluded that the constitutional complaint before the Hungarian Constitutional Court can be seen as an effective domestic remedy. This decision shows the growing role of constitutional complaint procedures even in the international system of human rights protection; therefore, it is worth examining how national laws ensure efficient access to such procedures. The current paper aims to analyse a specific aspect of this complex problem, namely, the question of legal aid in constitutional court proceedings – particularly constitutional complaints procedures – in Germany, Austria and Hungary. As a general staring point, it is intended to derive the need for legal aid from the national constitutions, followed by an analysis on the availability of legal aid schemes for constitutional complaint procedures and their conditions. The examination is based on the national legal provisions and case-law, as well as the relevant secondary literature. This comparative study can enable some conclusions to be drawn on the question of how constitutional complaints can become more efficient tools in the protection of fundamental rights for those in need, as well.

Use and alternatives to coercive measures in inpatient residential care facilities for adults with disabilities: study protocol of a mixed-methods study

BackgroundIn Germany, the use of coercive measures such as physical or chemical restraints in certain settings has been the focus of high court decisions, political debates, and scientific research in areas like psychiatric care. Such encroachments on fundamental rights could easily be overlooked in the case of residents in inpatient residential care facilities for adults with disabilities. However, little data are available on this issue. This study aims to investigate the types, frequencies, and characteristics of the use of coercive measures as well as the reasons and justifications of their use. Possible alternatives to these measures and contextual conditions will also be identified.MethodsThe study is based on an explorative, multi-phase, cross-sectional design, which consists of a mixed-methods approach including several forms of data collection and analysis bringing together forensic, sociological, pedagogical and medical perspectives and expertise. First, the entirety of the approximately n = 880 residential care facilities for adults with disabilities in the study area will be surveyed by an online questionnaire. Participating passive observations will be carried out in n = 5 selected residential care facilities (24 hours per facility), with an approximate total of n = 150 residents. In these facilities, organizational documents such as house rules and residential documents such as medication plans will also be collected and analysed. Focus groups will be conducted in each of the five facilities including residents, staff, and legal guardians of the residents.DiscussionThis study will address important gaps in the current research by providing different forms of empirical data on the use or avoidance, causes, contexts, and alternatives to coercive measures in inpatient residential care facilities for adults with disabilities. This study is the first in Germany to combine a general overview (survey) and detailed insight (observations, document analysis, focus groups) approach to this issue. These findings will provide a basis for further research in the field as well as for the management of coercive measures in practical settings.

Sustainable Development Goals and India’s Commitment to Gender Justice

Sustainable Development Goals are a set of seventeen interconnected objectives to achieve a sustainable future for all. They take a holistic and multidimensional approach to development to alter our planet by addressing humanity's many difficulties. It is an essential component of all aspects of inclusive and long-term growth. Women need to have equal rights and opportunities and live without fear of prejudice or violence. Goal five expressly mentions gender equality as one of the SDGs. Discriminatory laws must be changed and legislation enacted to advance equality proactively to achieve the goals. Gender-based violence is a top priority for governments all across the world. India is dedicated to promoting equality for all of its residents. The Indian Constitution's Preamble, Fundamental Rights, and State Policy Directive Principles express a strong commitment to gender equality. Also, India is the signatory of UN Conventions like CEDAW, where its pledge towards gender justice is evident. Furthermore, India has incorporated various domestic laws in pursuance of its responsibility towards Gender Justice. However, in India, Discrimination against women remains a profound issue despite reforms in various laws and different policies. Several concerns like female labor force participation, crimes against women, education among women, and discrimination are evident. This paper mainly throws light on the status of Gender Justice in India. It will help the stakeholders working on SDGs and Gender justice in policy development. It will highlight the gains and gaps that India has so far accomplished and encountered.

Regressive Religious Practices; A Threat to the Fundamental Rights of Women

The paper aims to provide an insight into the famous and revolutionary Sabarimala Judgement - Indian Young Lawyers Association and Ors. v. The State of Kerala and Ors.2 The paper throws light on the background of the case and closely analyses the judgement so pronounced and its consequences. Since the practices of the temple were seen as exclusionary in nature, the implications of a judgement so grave have serious consequences on the immediate category of people directly affected and the society at large. The primary issues addressed in the case; whether or not the said practice is discriminatory and so a violation of Article 17, and whether or not the practice violates the right to equality by lacking an intelligible differential and a reasonable nexus (pertaining to Article 14) have been further deconstructed to paint a better understanding of the interpretation of the Constitution of India.Furthermore, an attempt has been made to establish the judiciary’s primary objective, whether it is to strike a balance between the conflict of liberty, equality, public interest and affected groups of people has been fulfilled in this judgement or not. The main task of the judgement was to figure out whether the exclusionary practice is essential for the religion so as to deem it to be violative of the fundamental right to religion, as granted to the citizens of the country by the Constitution. One of the striking features of this judgement is the dissenting opinion of Justice Indu Malhotra, who, reasoning through constitutional morality: the harmonisation of fundamental rights of every individual citizen, religious denomination to practise their faith in accordance with the tenets of their religion irrespective of it being rational or logical has concluded that the practice is neither exclusionary, nor discriminatory in nature. The paper delves into this dissenting opinion, and proposes a possible approach to balancing public interests and rights of the affected categories.

The Factors of Constitutional Support for the Rule of Law in the System of Public Authorities

The article examines the factors that ensure the constitutional provision of the rule of law in the system of public authorities. The aim of this study was to analyse the factors that ensure the constitutional provision of the rule of law in the system of public authorities. The constitutional design provides for the creation of rational structures for the functioning of public authorities, which should ensure democratic standards, economic development, anti-corruption policy by implementing the principles of the rule of law. The study used data on indicators that describe the state of the rule of law (Rule of Law Index), democracy (Democracy Index) and corruption (Corruption Perceptions Index). Methods of graphical comparison, scattering diagrams, classification of countries by categories were used. A graphical model of the dependence of the rule of law on the development of democracy and perceptions of corruption for 25 European countries is built on the basis of these factors. It is proved that the studied indicators are dependent: countries with a high Rule of Law Index (high level of restrictions on the powers of government institutions, protection of fundamental rights, law enforcement, security) have a high Corruption Perceptions Index (high level of anti-corruption) and Democracy Index. It is concluded that it is necessary to develop the constitutional provision of the rule of law by strengthening democratic values, improving economic growth and competitiveness, increasing control over corruption. Further research should analyse the impact of rule of law factors in low- and middle-income countries.

Inclusive Education for Health: Analysis of the Mandatory Nature of Vaccination and Its Regulation by Administrations, and Implications and Considerations for Vaccination against COVID

In the process of vaccination against COVID-19, the problem of parents who do not want to vaccinate their school-age children has been evident. A conflict arises between two fundamental rights: the right to ideological freedom, privacy, and physical integrity of parents and minors who do not opt for vaccination; and the right to health of the rest of the children who attend the same school, provoking a social debate on the need to introduce regulatory changes that favor the mandatory imposition of vaccination in certain cases. This research offers an observational study through a cross-sectional design of a quantitative nature, in which one thousand people belonging to the education, health, and economy sectors from seventy-six countries of five continents have participated. The instrument used was a previously validated questionnaire: VACUNASEDUCA. It was considered essential to know the awareness of vaccination processes of professionals from essential social sectors. Therefore, the objectives were: to reflect on the measures of mandatory vaccination, to know the importance of teachers being able to demand a regulated vaccination card from students, to study the need for regulation by administrations of compliance with vaccines, and to analyze the importance of health education. It has been shown that women and those under thirty years of age are the least in favor of compulsory vaccination, with the health sector being the most defending of their demand, and with Europe with the lowest means. It is concluded that mandatory vaccination could be an acceptable tactical option to prevent high-risk situations.

Pro-Bono Virtual Legal Clinics for Enhancement of Social Impact by Communities Affected by COVID-19

The right to legal advice is an essential entitlement and an imperative step toward effective enjoyment of other fundamental rights, especially to the communities which have limited access to legal opinions due to scarce financial means. Global communities are adversely affected, particularly in relation to employment, domestic violence, and financial hardships during this pandemic. This pro-bono virtual legal clinics project is instrumental in enhancing social impact by ensuring that communities continuously have better access to quality legal advice and information during the COVID-19 Movement Control Order through multiple social networking tools and meaningful collaborations with NGOs.

Carol Leigh, a.k.a. Scarlot Harlot

Carol Leigh (also known as Scarlot Harlot) is an artist, author, filmmaker, and sex workers’ rights activist. She famously coined the term sex work, a fundamental part of the lexicon regarding all workers’ rights, owed in large part to Leigh’s artistic and activist career. Working primarily through the medium of performance and video, her work attempts to educate and broaden audiences’ understanding of sex work and the fundamental rights sex workers deserve. Carol’s Curated Spaces feature takes the form of a visual essay comprising images from her archive, along with an introductory statement from Carol, giving an overview of her trajectory as an artist and activist.