Children require specific protection due to their heightened vulnerability to human rights violations, which can be attributed to several factors such as economic adversity, racial tensions, and armed conflicts. The current situation in South Africa is characterised by a pressing and significant prevalence of severe poverty. The enduring effects of apartheid have contributed to a broad range of socioeconomic challenges inside our deeply divided country. Children are particularly impacted by these issues and experience immediate suffering as a result. In the Republic of South Africa, a significant proportion of the youth population experiences the distressing circumstance of living in poverty. It has been reported that a significant proportion, ranging from 60 to 75 percent, of the youth population in South Africa is experiencing impoverished living conditions. The prevalence of HIV infection and the consequential mortality rates due to AIDS among caretakers have a detrimental effect on the well-being of children. The United Nations Convention on the Rights of the Child (UNCRC) encompasses social, economic, and cultural rights under its provisions. Following the ratification of the UNCRC in June 1995, South Africa is legally obligated to implement the articles pertaining to the rights of children. The formulation and structuring of socio-economic rights and corresponding duties towards children under the South African Constitution were significantly influenced by the UNCRC. The interests of children in South Africa are effectively safeguarded through the provisions enshrined in the Constitution and the duties outlined in the UNCRC. This study assesses the extent to which South Africa has adhered to its constitutional and UNCRC-mandated responsibilities and commitments in order to achieve the socioeconomic rights of children Keywords: UNCRC, socio-economic rights, children, obligations, Constitution
{"title":"An Analysis of South Africa's Constitutional and UNCRC-imposed Obligations to achieve Children's Socio-economic Rights: A Critique","authors":"Tshilidzi Knowles Khangala","doi":"10.30958/ajl.10-1-10","DOIUrl":"https://doi.org/10.30958/ajl.10-1-10","url":null,"abstract":"Children require specific protection due to their heightened vulnerability to human rights violations, which can be attributed to several factors such as economic adversity, racial tensions, and armed conflicts. The current situation in South Africa is characterised by a pressing and significant prevalence of severe poverty. The enduring effects of apartheid have contributed to a broad range of socioeconomic challenges inside our deeply divided country. Children are particularly impacted by these issues and experience immediate suffering as a result. In the Republic of South Africa, a significant proportion of the youth population experiences the distressing circumstance of living in poverty. It has been reported that a significant proportion, ranging from 60 to 75 percent, of the youth population in South Africa is experiencing impoverished living conditions. The prevalence of HIV infection and the consequential mortality rates due to AIDS among caretakers have a detrimental effect on the well-being of children. The United Nations Convention on the Rights of the Child (UNCRC) encompasses social, economic, and cultural rights under its provisions. Following the ratification of the UNCRC in June 1995, South Africa is legally obligated to implement the articles pertaining to the rights of children. The formulation and structuring of socio-economic rights and corresponding duties towards children under the South African Constitution were significantly influenced by the UNCRC. The interests of children in South Africa are effectively safeguarded through the provisions enshrined in the Constitution and the duties outlined in the UNCRC. This study assesses the extent to which South Africa has adhered to its constitutional and UNCRC-mandated responsibilities and commitments in order to achieve the socioeconomic rights of children Keywords: UNCRC, socio-economic rights, children, obligations, Constitution","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"02 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139390275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Europe is targeting video games for economic growth, employment and increased sales volumes. This is a booming sector whose strong push toward innovation that contributes to the digital transformation within the European Union. In fact, the use of video games is not only limited to leisure activities but also has strong uses in the area of skill enhancement, especially digital, education as well as aiding advancement in technological areas. With regard to turnovers, one context greatly impacted by this sector is online sales of digital goods sold in online video games. Alongside the attractive sales volumes, however, are serious risks arising from noncompliance with existing regulations within such new sales contexts. This paper therefore aims to analyse these new contexts, assessing concrete risks and examining specific means of protection to create a safer environment for players and buyers of goods within video games. Keywords: Video games; Contractual obligation; Children; Compliance
{"title":"European Strategy for Regulating Online Video Games and New Digital Markets: A Comparison of Emerging Opportunities and the Current Italian Regulatory Framework","authors":"Manuela Luciana Borgese","doi":"10.30958/ajl.9-4-10","DOIUrl":"https://doi.org/10.30958/ajl.9-4-10","url":null,"abstract":"Europe is targeting video games for economic growth, employment and increased sales volumes. This is a booming sector whose strong push toward innovation that contributes to the digital transformation within the European Union. In fact, the use of video games is not only limited to leisure activities but also has strong uses in the area of skill enhancement, especially digital, education as well as aiding advancement in technological areas. With regard to turnovers, one context greatly impacted by this sector is online sales of digital goods sold in online video games. Alongside the attractive sales volumes, however, are serious risks arising from noncompliance with existing regulations within such new sales contexts. This paper therefore aims to analyse these new contexts, assessing concrete risks and examining specific means of protection to create a safer environment for players and buyers of goods within video games. Keywords: Video games; Contractual obligation; Children; Compliance","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"143 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135834453","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The functioning of the judicial system depends not only on the law in force, but also on its interpretation on a daily basis by both court officials and citizens, that is, the level of their legal culture. In some national law systems of European states the general direction of visible and implicit culture coincides. So the national deep level of legal values for the most part coincides with the adopted laws that are implicit and visible cultures are difficult to discern. However, if the national deep level, which corresponds to the deep context of the culture and mentality of a given society, comes into conflict with the visible culture expressed in officially adopted laws and the official state ideology, two cultures are formed: visible culture and implicit culture. Unable to influence the decision of the government, people try in every possible way to avoid direct conflict, but they follow their own rules developed by a narrower group of people, thereby strengthening the influence of implicit legal culture. Keywords: Legal culture; European legal culture; Judicial Systems in European Countries.
{"title":"Influence of Implicit and Visible Legal Cultures on Modernisation of Judicial Systems in European Countries","authors":"Viktoriia Hamaiunova","doi":"10.30958/ajl.9-4-9","DOIUrl":"https://doi.org/10.30958/ajl.9-4-9","url":null,"abstract":"The functioning of the judicial system depends not only on the law in force, but also on its interpretation on a daily basis by both court officials and citizens, that is, the level of their legal culture. In some national law systems of European states the general direction of visible and implicit culture coincides. So the national deep level of legal values for the most part coincides with the adopted laws that are implicit and visible cultures are difficult to discern. However, if the national deep level, which corresponds to the deep context of the culture and mentality of a given society, comes into conflict with the visible culture expressed in officially adopted laws and the official state ideology, two cultures are formed: visible culture and implicit culture. Unable to influence the decision of the government, people try in every possible way to avoid direct conflict, but they follow their own rules developed by a narrower group of people, thereby strengthening the influence of implicit legal culture. Keywords: Legal culture; European legal culture; Judicial Systems in European Countries.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135834455","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The general problems of the Judicial Administrations in Europe, and particularly in Spain, are profound and diverse, but perhaps the most relevant and evident are the time delay in legal resolutions and the influence of economic conditions of users both regarding simple access to the Judicial Administration and in the very sense or result of different legal proceedings. In fact, one of the most serious deficiencies of the Spanish public administration is the notable opacity or scarce transparency for citizens and, as a result of this, the high level of corruption and the unequally distributed benefits thereof. This situation is of course transferred to the Judicial Administration, judges, lawyers and procuradors (formal representatives before the courts) via private proceedings. The digitalisation process of the Judicial Administration is bringing with it perceivable changes in the efficiency of the system, deriving from better access to information on legal proceedings on the part of citizens, deemed on the whole to be positive and, deriving from it, improvements in the functioning of the economic model. Nevertheless, on the side of iniquity as regards access to justice and legal resolutions, the “inequality of arms”, the available predictions and studies are inconclusive, putting forward, furthermore, serious concerns regarding the effect on legal guarantees and the right to honour and privacy of citizens. In this study, which is interdisciplinary in nature, I preferentially use the perspective and instruments of the Economic Analysis of Law to address and substantiate the aforementioned questions.The processes of digitalisation and artificial intelligence are topics of scientific, professional and popular relevance, particularly in the Judicial Administration. They are in reality complex matters and in my judgement are not being produced with the required rigour, at least in the public and private professional Judicial Administration sphere, not even in the terms and denominations employed, nor in the correlative concepts they seek to reflect. In this essay, after briefly analysing the starting premise and presenting the institutional framework in which these processes and correlative debates are taking place, I shall put forward a taxonomic proposal. I shall then analyse the effects it has on the efficiency and equity of the legal system and with a general reflection on the role of algorithms and artificial intelligence in modern society. I shall end with the diverse challenges that are being considered and the preventions that should be put in place prior to the application of the innovations in question. Keywords: corruption; digitalisation; efficiency; equity; Judicial System
{"title":"An Economic Perspective of the Justice Digitalisation Process: The Questions of Efficiency and Equity","authors":"José Manuel Castillo López","doi":"10.30958/ajl.9-4-1","DOIUrl":"https://doi.org/10.30958/ajl.9-4-1","url":null,"abstract":"The general problems of the Judicial Administrations in Europe, and particularly in Spain, are profound and diverse, but perhaps the most relevant and evident are the time delay in legal resolutions and the influence of economic conditions of users both regarding simple access to the Judicial Administration and in the very sense or result of different legal proceedings. In fact, one of the most serious deficiencies of the Spanish public administration is the notable opacity or scarce transparency for citizens and, as a result of this, the high level of corruption and the unequally distributed benefits thereof. This situation is of course transferred to the Judicial Administration, judges, lawyers and procuradors (formal representatives before the courts) via private proceedings. The digitalisation process of the Judicial Administration is bringing with it perceivable changes in the efficiency of the system, deriving from better access to information on legal proceedings on the part of citizens, deemed on the whole to be positive and, deriving from it, improvements in the functioning of the economic model. Nevertheless, on the side of iniquity as regards access to justice and legal resolutions, the “inequality of arms”, the available predictions and studies are inconclusive, putting forward, furthermore, serious concerns regarding the effect on legal guarantees and the right to honour and privacy of citizens. In this study, which is interdisciplinary in nature, I preferentially use the perspective and instruments of the Economic Analysis of Law to address and substantiate the aforementioned questions.The processes of digitalisation and artificial intelligence are topics of scientific, professional and popular relevance, particularly in the Judicial Administration. They are in reality complex matters and in my judgement are not being produced with the required rigour, at least in the public and private professional Judicial Administration sphere, not even in the terms and denominations employed, nor in the correlative concepts they seek to reflect. In this essay, after briefly analysing the starting premise and presenting the institutional framework in which these processes and correlative debates are taking place, I shall put forward a taxonomic proposal. I shall then analyse the effects it has on the efficiency and equity of the legal system and with a general reflection on the role of algorithms and artificial intelligence in modern society. I shall end with the diverse challenges that are being considered and the preventions that should be put in place prior to the application of the innovations in question. Keywords: corruption; digitalisation; efficiency; equity; Judicial System","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"2014 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135834671","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Given the astonishing speed at which society and nature are changing, the issue of climate change can no longer be analysed solely from a legal perspective, but also from an ethical one. It is important to address the phenomenon of climate change, as it has become so widespread in recent years that we are now witnessing litigation involving not only individuals and authorities but also states. The occasion for our analysis is the news in the media according to which, in our country Romania, in January 2023, the first action was brought before the contentious administrative court against the Romanian state for not adopting measures to combat climate change. This prompted us to learn more on this subject. The theme is topical and relevant for both legal professionals and private individuals. The scope of the study is to investigate the extent to which ethical values, such as respect and responsibility, are intertwined with legal analysis of environmental issues and can help us find a solution to mitigate damage caused by climate change. Using methods specific to law, we will underline the conclusion of our paper, namely that the focus should be shifted to respect and responsibility, i.e. to prevention, nature, citizens, international organisations, states. Keywords: Contentious administrative; Public authorities; Climate change; Environment; State.
{"title":"Climate Change - An Administrative Law Perspective","authors":"Elena Emilia Ştefan","doi":"10.30958/ajl.9-4-4","DOIUrl":"https://doi.org/10.30958/ajl.9-4-4","url":null,"abstract":"Given the astonishing speed at which society and nature are changing, the issue of climate change can no longer be analysed solely from a legal perspective, but also from an ethical one. It is important to address the phenomenon of climate change, as it has become so widespread in recent years that we are now witnessing litigation involving not only individuals and authorities but also states. The occasion for our analysis is the news in the media according to which, in our country Romania, in January 2023, the first action was brought before the contentious administrative court against the Romanian state for not adopting measures to combat climate change. This prompted us to learn more on this subject. The theme is topical and relevant for both legal professionals and private individuals. The scope of the study is to investigate the extent to which ethical values, such as respect and responsibility, are intertwined with legal analysis of environmental issues and can help us find a solution to mitigate damage caused by climate change. Using methods specific to law, we will underline the conclusion of our paper, namely that the focus should be shifted to respect and responsibility, i.e. to prevention, nature, citizens, international organisations, states. Keywords: Contentious administrative; Public authorities; Climate change; Environment; State.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135834454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study analyses the impact of pandemic on new work organisation with a focus on digital platforms and infrastructures in companies and organisations. In this context, the relationship between technological change and work is central, to be observed from various points of view and not only in terms of quantity and quality of employment but also in terms of skills, training, industrial relations, collective bargaining, and newly-organising work. The impact on the labour market is important. The company of the future moves in the wake of a new economic model in which there is a newfound responsibility towards the environment and people, both of whom are once again central to the production process. On this point, the role of national and decentralised collective bargaining is central, and can affect the assessment of workers' skills in a twofold direction: On the one hand, the introduction and implementation of remuneration systems, in terms of rewards and incentives, based on a certification of skills and related to the professionalism expressed by the individual employee; On the other, the agreement of direct and structural interventions on the personnel classification system. In this context, the issue of valorising talent is becoming increasingly central also for companies. The organisational change of processes and "era", as illustrated in this work, which redesigns relationships within the company with a view to greater involvement and empowerment of the worker, requires companies to review and rethink well-being as well as corporate benefits. The changes that organisations must prepare, in light of innovation, however, require investments to deal with the reforms envisaged by the National Recovery and Resilience Plan which impact on the economic and social system of Italy. The measures envisaged by the PNRR are urgent and structural and will have to guarantee the implementation and maximise the impact of the planned investments, to encourage the restart of the Italian system, noting that the impacts deriving from the implementation of the measures contained in the Plan have been assessed in terms of GDP up to +3.6% in 2026. In this process, the Competence Centres will always assume a crucial role, becoming protagonists at European level. These are benchmarks of excellence created to carry out guidance, training and innovative projects that can be of help to Italian companies. Keywords: Labour market; Collective bargaining and industrial relations; Gender equality; Inclusion and welfare; Development plans; Transition.
{"title":"Towards New Work Paradigms: Inclusion, Digital, Sustainability, Hybrid Organisations","authors":"Roberta Caragnano","doi":"10.30958/ajl.9-4-3","DOIUrl":"https://doi.org/10.30958/ajl.9-4-3","url":null,"abstract":"This study analyses the impact of pandemic on new work organisation with a focus on digital platforms and infrastructures in companies and organisations. In this context, the relationship between technological change and work is central, to be observed from various points of view and not only in terms of quantity and quality of employment but also in terms of skills, training, industrial relations, collective bargaining, and newly-organising work. The impact on the labour market is important. The company of the future moves in the wake of a new economic model in which there is a newfound responsibility towards the environment and people, both of whom are once again central to the production process. On this point, the role of national and decentralised collective bargaining is central, and can affect the assessment of workers' skills in a twofold direction: On the one hand, the introduction and implementation of remuneration systems, in terms of rewards and incentives, based on a certification of skills and related to the professionalism expressed by the individual employee; On the other, the agreement of direct and structural interventions on the personnel classification system. In this context, the issue of valorising talent is becoming increasingly central also for companies. The organisational change of processes and \"era\", as illustrated in this work, which redesigns relationships within the company with a view to greater involvement and empowerment of the worker, requires companies to review and rethink well-being as well as corporate benefits. The changes that organisations must prepare, in light of innovation, however, require investments to deal with the reforms envisaged by the National Recovery and Resilience Plan which impact on the economic and social system of Italy. The measures envisaged by the PNRR are urgent and structural and will have to guarantee the implementation and maximise the impact of the planned investments, to encourage the restart of the Italian system, noting that the impacts deriving from the implementation of the measures contained in the Plan have been assessed in terms of GDP up to +3.6% in 2026. In this process, the Competence Centres will always assume a crucial role, becoming protagonists at European level. These are benchmarks of excellence created to carry out guidance, training and innovative projects that can be of help to Italian companies. Keywords: Labour market; Collective bargaining and industrial relations; Gender equality; Inclusion and welfare; Development plans; Transition.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135834452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This essay analyses the recent changes in the approach to environmental protection by the European Union and its Member States, with particular regard to the Italian regulatory innovations. In particular, it analyses the following topics: the European Union’s evolution in protecting the environment and its impact on policies and regulation of the Member States; recognition of the “value” of environmental protection by Italy’s Constitutional Court; the Italian environmental reforms (the ecological transition and constitutional reform of 2022 on the matter). The aim of this study is to identify some possible consequences of the new approaches, at European and Italian level, to environmental issues. Keywords: Environmental Protection in the European Union and in Italy; Green Deal and Next Generation EU programmes; Ecological transition in Italy; Italian Constitutional reform of 2022 on the matter of environmental protection; environmental, economic and social policies.
{"title":"The Changes in the Approach to Environmental Protection by the European Union and its Member States and the Regulatory Innovations in Italy","authors":"Gloria Marchetti","doi":"10.30958/ajl.9-4-2","DOIUrl":"https://doi.org/10.30958/ajl.9-4-2","url":null,"abstract":"This essay analyses the recent changes in the approach to environmental protection by the European Union and its Member States, with particular regard to the Italian regulatory innovations. In particular, it analyses the following topics: the European Union’s evolution in protecting the environment and its impact on policies and regulation of the Member States; recognition of the “value” of environmental protection by Italy’s Constitutional Court; the Italian environmental reforms (the ecological transition and constitutional reform of 2022 on the matter). The aim of this study is to identify some possible consequences of the new approaches, at European and Italian level, to environmental issues. Keywords: Environmental Protection in the European Union and in Italy; Green Deal and Next Generation EU programmes; Ecological transition in Italy; Italian Constitutional reform of 2022 on the matter of environmental protection; environmental, economic and social policies.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135834464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The United Nations has declared that Climate Change is a long-term shift in weather pattern, that could be natural such as variations in the solar cycles. The 1987 Philippine Constitution states that The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” In 2020, the Paris Agreement , which is the pinnacle of international law on climate change, orchestrated global climate action over the coming decades. Countries agreed to limit global warming to well below 2ºC above preindustrial times, closer to 1.5ºC. In 2023, at the World Economic Forum, Climate Change has been one of the biggest economic factors playing a vital role globally. This means that aside from the global terrorist threat, Climate Change is now a global threat that raises a global concern that needs an urgent attention. In the Metaphysics perspective, this year will bring out more issues on climate change affecting the productivity of farmers specially in Q3 and Q4. Climate change affects the productivity of the people, as well as the food production which is a matter of concern for every world leader. Keywords: Climate Change; Food Security; Metaphysics; Paris Agreement; Protection.
{"title":"The Philippines Readiness in Addressing Food Security by Minimising the impact of Climate Change","authors":"Jennel R. Cheng","doi":"10.30958/ajl.9-4-8","DOIUrl":"https://doi.org/10.30958/ajl.9-4-8","url":null,"abstract":"The United Nations has declared that Climate Change is a long-term shift in weather pattern, that could be natural such as variations in the solar cycles. The 1987 Philippine Constitution states that The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” In 2020, the Paris Agreement , which is the pinnacle of international law on climate change, orchestrated global climate action over the coming decades. Countries agreed to limit global warming to well below 2ºC above preindustrial times, closer to 1.5ºC. In 2023, at the World Economic Forum, Climate Change has been one of the biggest economic factors playing a vital role globally. This means that aside from the global terrorist threat, Climate Change is now a global threat that raises a global concern that needs an urgent attention. In the Metaphysics perspective, this year will bring out more issues on climate change affecting the productivity of farmers specially in Q3 and Q4. Climate change affects the productivity of the people, as well as the food production which is a matter of concern for every world leader. Keywords: Climate Change; Food Security; Metaphysics; Paris Agreement; Protection.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135834456","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
According to statistics, internet users have been increasing rapidly, especially since the COVID 19 pandemic. Nowadays, gaming platforms, chat platforms, and video conferencing applications are not only for grownups but for children as well. Minor users, encouraged for educational purposes, are particularly often the target of cybercrimes. One such offense is approaching a child through information and communication technology for sexual purposes, known as cyber-grooming. The act is a solicitation of minors using various techniques. Commonly, the first stage of criminal behaviour is an online conversation between the perpetrator (groomer) and the victim (child). In the second stage of the crime, the perpetrator aims to contact the target physically in person. Even though this is a new type of criminal behaviour, there are already international and national criminalization norms in place to penalize it. The Lanzarote Convention is the first international legal document to refer to these actions as crimes. Aiming to protect children from sexual exploitation and sexual abuse, the Convention sets out some responsibilities to signatory States. Despite being one of the signatories of the Lanzarote Convention, the aforementioned acts are not considered a separate crime in Türkiye. For that reason, this study will first bring examples of criminalization, and then evaluate the situation in Turkish law. This study seeks to make the issue visible and suggests providing measures to prevent the sexual exploitation of minors by taking the necessary legislative steps. Keywords: Cybercrimes; Cyber grooming; Lanzarote Convention; Solicitation of children for sexual purposes; Sexual violence against children.
{"title":"Legal Developments as to \"Cyber Grooming\" Actions from the Lanzarote Convention to Now","authors":"Merve Duysak","doi":"10.30958/ajl.9-4-6","DOIUrl":"https://doi.org/10.30958/ajl.9-4-6","url":null,"abstract":"According to statistics, internet users have been increasing rapidly, especially since the COVID 19 pandemic. Nowadays, gaming platforms, chat platforms, and video conferencing applications are not only for grownups but for children as well. Minor users, encouraged for educational purposes, are particularly often the target of cybercrimes. One such offense is approaching a child through information and communication technology for sexual purposes, known as cyber-grooming. The act is a solicitation of minors using various techniques. Commonly, the first stage of criminal behaviour is an online conversation between the perpetrator (groomer) and the victim (child). In the second stage of the crime, the perpetrator aims to contact the target physically in person. Even though this is a new type of criminal behaviour, there are already international and national criminalization norms in place to penalize it. The Lanzarote Convention is the first international legal document to refer to these actions as crimes. Aiming to protect children from sexual exploitation and sexual abuse, the Convention sets out some responsibilities to signatory States. Despite being one of the signatories of the Lanzarote Convention, the aforementioned acts are not considered a separate crime in Türkiye. For that reason, this study will first bring examples of criminalization, and then evaluate the situation in Turkish law. This study seeks to make the issue visible and suggests providing measures to prevent the sexual exploitation of minors by taking the necessary legislative steps. Keywords: Cybercrimes; Cyber grooming; Lanzarote Convention; Solicitation of children for sexual purposes; Sexual violence against children.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135834670","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Corporate accountability for human rights violations in international legal systems has proven to be a watershed. This is because there are inadequacies in the existing accountability mechanisms as well as several other legal problems and factual obstacles that hinder the enforcement of human rights law and international criminal law. This is also attributed to the problematic issues that persist, particularly with respect to the following: corporate criminal liability, the extraterritorial application of law, the attribution of criminal actions to specific agents, the requirements of accountability, the difficulties of extraterritorial investigations, and obtaining sufficient evidence for human rights violations. This article examines corporate accountability in the concept of the principle of duty of care. It is argued that the duty of care principle will help breach the gap in corporate liability for human rights abuses and environmental damages. Furthermore, the article analyses the definition of accountability, the mechanism of accountability, and the components of accountability are extensively discussed. It is also observed that the legal concept of corporate accountability should include responsibility, answerability, blameworthiness, liability and sanctions. Therefore, this article examines the key elements that are required for establishing accountability for non-state actors. A diagram is used to explain the components of the various forms of accountability and how accountability creates a legal duty of care for non-state actors, such as corporations. Keywords: Accountability, Corporate, Human Rights, International Law, Duty of Care, Environmental Damages, Courts, Government, Judiciary and Society
{"title":"Enforcing the Legal Principle of Duty of Care in Corporate Human Rights Violations and Environmental Damage Cases in Developing Countries","authors":"Emmanuel K Nartey","doi":"10.30958/ajl.9-4-7","DOIUrl":"https://doi.org/10.30958/ajl.9-4-7","url":null,"abstract":"Corporate accountability for human rights violations in international legal systems has proven to be a watershed. This is because there are inadequacies in the existing accountability mechanisms as well as several other legal problems and factual obstacles that hinder the enforcement of human rights law and international criminal law. This is also attributed to the problematic issues that persist, particularly with respect to the following: corporate criminal liability, the extraterritorial application of law, the attribution of criminal actions to specific agents, the requirements of accountability, the difficulties of extraterritorial investigations, and obtaining sufficient evidence for human rights violations. This article examines corporate accountability in the concept of the principle of duty of care. It is argued that the duty of care principle will help breach the gap in corporate liability for human rights abuses and environmental damages. Furthermore, the article analyses the definition of accountability, the mechanism of accountability, and the components of accountability are extensively discussed. It is also observed that the legal concept of corporate accountability should include responsibility, answerability, blameworthiness, liability and sanctions. Therefore, this article examines the key elements that are required for establishing accountability for non-state actors. A diagram is used to explain the components of the various forms of accountability and how accountability creates a legal duty of care for non-state actors, such as corporations. Keywords: Accountability, Corporate, Human Rights, International Law, Duty of Care, Environmental Damages, Courts, Government, Judiciary and Society","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135834457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：