首页 > 最新文献

Hungarian Journal of Legal Studies最新文献

英文 中文
Large language models and their possible uses in law 大型语言模型及其在法律中的可能用途
Q4 Social Sciences Pub Date : 2024-04-15 DOI: 10.1556/2052.2023.00475
Péter Homoki, Zsolt Ződi
The paper explores the potential applications of Large Language Models (LLMs) like ChatGPT in the legal field, focusing on how they can enhance access to law. We begin by elucidating the fundamental workings of LLMs and their current and future general applications. The core of our study predicts the utilization of LLMs in various legal domains, especially where tasks like text retrieval, generation, labeling, and classification are prevalent. We argue that tools like ChatGPT could play a pivotal role in these areas. Additionally, we discuss the limitations and customization requirements of LLMs, particularly for legal uses. An experiment conducted by one of the authors, involving a tailored version of GPT for small law firms, serves as a practical example, but building on this, the paper also proposes ways in which LLM-based applications could democratize access to justice, making legal assistance more accessible and efficient for the broader public. This study contributes to the understanding of the intersection between AI technology and legal services, highlighting both the opportunities and challenges in this field.
本文探讨了大型语言模型(LLMs)(如 ChatGPT)在法律领域的潜在应用,重点是如何提高法律的可及性。我们首先阐明了 LLM 的基本工作原理及其当前和未来的一般应用。我们研究的核心是预测 LLM 在各个法律领域的应用,尤其是在文本检索、生成、标记和分类等任务普遍存在的领域。我们认为,像 ChatGPT 这样的工具可以在这些领域发挥关键作用。此外,我们还讨论了 LLM 的局限性和定制要求,尤其是在法律用途方面。作者之一进行了一项实验,为小型律师事务所量身定制了一个版本的 GPT,作为一个实际例子,但在此基础上,本文还提出了基于 LLM 的应用程序可以实现司法民主化的方法,使更多公众可以更方便、更高效地获得法律援助。本研究有助于人们了解人工智能技术与法律服务之间的交叉点,突出了这一领域的机遇与挑战。
{"title":"Large language models and their possible uses in law","authors":"Péter Homoki, Zsolt Ződi","doi":"10.1556/2052.2023.00475","DOIUrl":"https://doi.org/10.1556/2052.2023.00475","url":null,"abstract":"The paper explores the potential applications of Large Language Models (LLMs) like ChatGPT in the legal field, focusing on how they can enhance access to law. We begin by elucidating the fundamental workings of LLMs and their current and future general applications. The core of our study predicts the utilization of LLMs in various legal domains, especially where tasks like text retrieval, generation, labeling, and classification are prevalent. We argue that tools like ChatGPT could play a pivotal role in these areas. Additionally, we discuss the limitations and customization requirements of LLMs, particularly for legal uses. An experiment conducted by one of the authors, involving a tailored version of GPT for small law firms, serves as a practical example, but building on this, the paper also proposes ways in which LLM-based applications could democratize access to justice, making legal assistance more accessible and efficient for the broader public. This study contributes to the understanding of the intersection between AI technology and legal services, highlighting both the opportunities and challenges in this field.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140703700","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}
引用次数: 0
Right to a modern trial: A new principle on the horizon of the digital age 现代审判权:数字时代地平线上的一项新原则
Q4 Social Sciences Pub Date : 2024-04-15 DOI: 10.1556/2052.2023.00467
András Osztovits
The study presents the most important common features of current judicial systems and argues that the courts are finding it more difficult to fulfil their role in the 21st century in a changing social and economic context. The development of information technology is also challenging the courts, which can only respond adequately by bringing modern technology into the courts themselves, allowing clients to access the courts online, outside office hours, and to receive meaningful, fast and efficient assistance in resolving their disputes. The study proposes that, in addition to the right to a fair trial, the right to a modern trial should be a requirement for the state to ensure that these requirements are met. These two principles, complementing each other, would help to ensure access to justice for clients in the 21st century. The adoption and implementation of this new principle will require a number of legal and technological changes. Yet it is not their implementation that seems the most difficult, but a change in the general legal thinking about the functioning of the courts, according to which the court is primarily a physical place where disputes are settled, and its role is not to provide a wide range of services, but only to deliver judgments.
本研究介绍了当前司法系统最重要的共同特征,并认为在 21 世纪不断变化的社会和经济背景下,法院越来越难以发挥其作用。信息技术的发展也对法院提出了挑战,法院只有通过将现代技术引入法院本身,使当事人能够在办公时间之外在线诉诸法院,并在解决纠纷时获得有意义、快速和高效的援助,才能充分应对挑战。研究报告建议,除了公平审判权之外,现代审判权也应成为国家确保满足这些要求的一项要求。这两项原则相辅相成,将有助于确保当事人在 21 世纪能够诉诸司法。要采纳和实施这一新原则,需要进行一系列法律和技术变革。然而,最困难的似乎并不是实施这些原则,而是改变有关法院职能的一般法律思维,根据这种思维,法院主要是一个解决争端的有形场所,其作用不是提供广泛的服务,而仅仅是作出判决。
{"title":"Right to a modern trial: A new principle on the horizon of the digital age","authors":"András Osztovits","doi":"10.1556/2052.2023.00467","DOIUrl":"https://doi.org/10.1556/2052.2023.00467","url":null,"abstract":"The study presents the most important common features of current judicial systems and argues that the courts are finding it more difficult to fulfil their role in the 21st century in a changing social and economic context. The development of information technology is also challenging the courts, which can only respond adequately by bringing modern technology into the courts themselves, allowing clients to access the courts online, outside office hours, and to receive meaningful, fast and efficient assistance in resolving their disputes. The study proposes that, in addition to the right to a fair trial, the right to a modern trial should be a requirement for the state to ensure that these requirements are met. These two principles, complementing each other, would help to ensure access to justice for clients in the 21st century. The adoption and implementation of this new principle will require a number of legal and technological changes. Yet it is not their implementation that seems the most difficult, but a change in the general legal thinking about the functioning of the courts, according to which the court is primarily a physical place where disputes are settled, and its role is not to provide a wide range of services, but only to deliver judgments.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140702405","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}
引用次数: 0
Internal dispute resolution systems: Do high promises come with higher expectations? 内部争议解决系统:承诺越高,期望越高吗?
Q4 Social Sciences Pub Date : 2024-04-15 DOI: 10.1556/2052.2023.00469
Dóra Pálfi
When e-commerce appeared in the 1990s it brought with it disputes related to its operation. E-commerce is risky as the contracting parties do not even know each other, not to mention the fact that disputes have additional legal difficulties concerning jurisdiction and applicable law. However, e-commerce websites have worked out online dispute resolution (ODR) systems in order to maintain the trust of their users, employing an efficient and impartial method if problems arise from deals made on their website. These internal ODR systems are considered successful as they are faster, cheaper and more appropriate than asking for remedy from the courts.As online marketplaces resolve tens of millions of disputes a year, their influence cannot be avoided. The traditional court system fails to protect consumer rights in high-volume and low-value international transactions in practice. This circumstance raises the question of whether internal dispute resolution systems of private e-commerce sites could develop in such a way that fulfils the minimum procedural fairness requirements for dispute resolution and that is acceptable according to substantial laws. Is justice served in online disputes? Who is responsible for making just decisions, and to what extent can ODR procedures be expected to meet the principles of traditional civil proceedings?
20 世纪 90 年代出现的电子商务带来了与其运作有关的纠纷。电子商务是有风险的,因为合同双方甚至互不相识,更不用说争议在管辖权和适用法律方面会有额外的法律困难。不过,电子商务网站已经开发出在线争议解决(ODR)系统,以维护用户的信任,在网站上的交易出现问题时采用高效、公正的方法。这些内部 ODR 系统被认为是成功的,因为它们比向法院寻求补救更快、更便宜、更合适。由于在线市场每年要解决数以千万计的争议,其影响不可避免。传统的法院系统实际上无法在数量大、价值低的国际交易中保护消费者的权利。这种情况提出了这样一个问题:私营电子商务网站的内部争议解决系统能否发展到满足争议解决的最低程序公正性要求,并为实体法所接受?网上争议是否公正?由谁来负责做出公正的裁决,以及在多大程度上可以期望网上争议解决程序符合传统民事诉讼程序的原则?
{"title":"Internal dispute resolution systems: Do high promises come with higher expectations?","authors":"Dóra Pálfi","doi":"10.1556/2052.2023.00469","DOIUrl":"https://doi.org/10.1556/2052.2023.00469","url":null,"abstract":"When e-commerce appeared in the 1990s it brought with it disputes related to its operation. E-commerce is risky as the contracting parties do not even know each other, not to mention the fact that disputes have additional legal difficulties concerning jurisdiction and applicable law. However, e-commerce websites have worked out online dispute resolution (ODR) systems in order to maintain the trust of their users, employing an efficient and impartial method if problems arise from deals made on their website. These internal ODR systems are considered successful as they are faster, cheaper and more appropriate than asking for remedy from the courts.As online marketplaces resolve tens of millions of disputes a year, their influence cannot be avoided. The traditional court system fails to protect consumer rights in high-volume and low-value international transactions in practice. This circumstance raises the question of whether internal dispute resolution systems of private e-commerce sites could develop in such a way that fulfils the minimum procedural fairness requirements for dispute resolution and that is acceptable according to substantial laws. Is justice served in online disputes? Who is responsible for making just decisions, and to what extent can ODR procedures be expected to meet the principles of traditional civil proceedings?","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2024-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140702826","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}
引用次数: 0
Editorial: Challenges of children's rights 社论:儿童权利的挑战
Q4 Social Sciences Pub Date : 2023-12-14 DOI: 10.1556/2052.2023.00002
Ágnes Lux, Refia Kaya
{"title":"Editorial: Challenges of children's rights","authors":"Ágnes Lux, Refia Kaya","doi":"10.1556/2052.2023.00002","DOIUrl":"https://doi.org/10.1556/2052.2023.00002","url":null,"abstract":"","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139001379","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}
引用次数: 0
The competence of the Security Council over situations or disputes arising from human rights violations by a state under Chapter VI of the United Nations Charter 根据《联合国宪章》第六章,安全理事会对一国侵犯人权所引发的局势或争端的管辖权
Q4 Social Sciences Pub Date : 2023-11-28 DOI: 10.1556/2052.2023.00451
Mohammad Alipour
The peaceful settlement of disputes is one of the principles enumerated in the Charter of the United Nations, and the Security Council is entrusted with significant powers to achieve this goal. In today's world, accusations of human rights violations have become one of the primary challenges among nations in terms of upholding sovereignty. In accordance with the United Nations Charter, the Security Council may be called upon by the parties to a dispute, the General Assembly, or the Secretary-General, or it can act ex officio to seek a peaceful resolution or adjust a situation through peaceful means. If the Security Council determines that the situation or dispute in question may constitute a threat to international peace and security, it may invoke its powers under Chapter VI of the United Nations Charter. The purpose of this study is to examine the extent of the Security Council's competence and the powers it possesses when carrying out its conciliatory role in cases involving human rights violations by a Member State and conflicts that may arise regarding the interpretation and application of the United Nations Charter.
和平解决争端是《联合国宪章》列举的原则之一,安全理事会被赋予实现这一目标的重要权力。当今世界,侵犯人权的指控已成为各国维护主权的主要挑战之一。根据《联合国宪章》,安全理事会可以应争端各方、联合国大会或秘书长的要求,也可以依职权采取行动,通过和平手段寻求和平解决或调整局势。如果安全理事会认定有关局势或争端可能对国际和平与安全构成威胁,则可援引《联合国宪章》第六章规定的权力。本研究的目的是审查安全理事会在涉及会员国侵犯人权的案件中以及在解释和适用《联合国宪章》方面可能出现的冲突中发挥调解作用时的权限范围及其拥有的权力。
{"title":"The competence of the Security Council over situations or disputes arising from human rights violations by a state under Chapter VI of the United Nations Charter","authors":"Mohammad Alipour","doi":"10.1556/2052.2023.00451","DOIUrl":"https://doi.org/10.1556/2052.2023.00451","url":null,"abstract":"The peaceful settlement of disputes is one of the principles enumerated in the Charter of the United Nations, and the Security Council is entrusted with significant powers to achieve this goal. In today's world, accusations of human rights violations have become one of the primary challenges among nations in terms of upholding sovereignty. In accordance with the United Nations Charter, the Security Council may be called upon by the parties to a dispute, the General Assembly, or the Secretary-General, or it can act ex officio to seek a peaceful resolution or adjust a situation through peaceful means. If the Security Council determines that the situation or dispute in question may constitute a threat to international peace and security, it may invoke its powers under Chapter VI of the United Nations Charter. The purpose of this study is to examine the extent of the Security Council's competence and the powers it possesses when carrying out its conciliatory role in cases involving human rights violations by a Member State and conflicts that may arise regarding the interpretation and application of the United Nations Charter.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139224129","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}
引用次数: 0
An examination of the Child's Right to survival and development in Nigeria – The Boko Haram Insurgency in context 尼日利亚儿童生存权和发展权研究--"博科哈拉姆 "组织叛乱的背景
Q4 Social Sciences Pub Date : 2023-11-28 DOI: 10.1556/2052.2023.00445
Anwuli Irene Ofuani-Sokolo, H. Okunrobo
Article 6(2) of the Convention on the Rights of the Child places an obligation on countries to ensure the survival and development of the child. The right underlines the importance of ensuring that children's rights to health, an adequate standard of living, access to basic services and education are respected in all circumstances. In addition, it requires effective national and international implementation.These provisions are included in section 4 of the Child's Right Act to ensure optimum protection for children in Nigeria. Nonetheless, children's rights have been drastically affected by the Boko-Haram insurgency. This has resulted in death, abduction, displacement of, and violence against children. Moreover, the prevalence of malnutrition, food scarcity, diseases, and lack of access to water, sanitation, health care, and education remains a challenge.Accordingly, this paper seeks to examine the efficacy of the laws and policies in place to protect children's right to survival and development in Nigeria. It argues that despite the existing legal and policy framework for protecting children's rights, there has been little focus on the best interest standard in the attainment of the rights of the child. The paper recommends a child-centric approach to adequately provide protection for children in conflict-plagued zones in Nigeria.
儿童权利公约》第 6(2)条规定,各国有义务确保儿童的生存和发展。这项权利强调了确保儿童的健康权、适足生活水准权、获得基本服务权和受教育权在任何情况下都得到尊重的重要性。儿童权利法》第 4 条包含了这些规定,以确保尼日利亚儿童得到最佳保护。然而,儿童权利受到了 Boko-Haram 叛乱的严重影响。这导致儿童死亡、被绑架、流离失所和遭受暴力侵害。因此,本文试图研究尼日利亚现有的保护儿童生存权和发展权的法律和政策的有效性。本文认为,尽管现有保护儿童权利的法律和政策框架,但在实现儿童权利的过程中却很少关注最大利益标准。本文建议采取以儿童为中心的方法,为尼日利亚冲突频发地区的儿童提供充分保护。
{"title":"An examination of the Child's Right to survival and development in Nigeria – The Boko Haram Insurgency in context","authors":"Anwuli Irene Ofuani-Sokolo, H. Okunrobo","doi":"10.1556/2052.2023.00445","DOIUrl":"https://doi.org/10.1556/2052.2023.00445","url":null,"abstract":"Article 6(2) of the Convention on the Rights of the Child places an obligation on countries to ensure the survival and development of the child. The right underlines the importance of ensuring that children's rights to health, an adequate standard of living, access to basic services and education are respected in all circumstances. In addition, it requires effective national and international implementation.These provisions are included in section 4 of the Child's Right Act to ensure optimum protection for children in Nigeria. Nonetheless, children's rights have been drastically affected by the Boko-Haram insurgency. This has resulted in death, abduction, displacement of, and violence against children. Moreover, the prevalence of malnutrition, food scarcity, diseases, and lack of access to water, sanitation, health care, and education remains a challenge.Accordingly, this paper seeks to examine the efficacy of the laws and policies in place to protect children's right to survival and development in Nigeria. It argues that despite the existing legal and policy framework for protecting children's rights, there has been little focus on the best interest standard in the attainment of the rights of the child. The paper recommends a child-centric approach to adequately provide protection for children in conflict-plagued zones in Nigeria.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139219833","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}
引用次数: 0
“Humanity's new frontier”: Human rights implications of artificial intelligence and new technologies "人类的新前沿":人工智能和新技术对人权的影响
Q4 Social Sciences Pub Date : 2023-11-28 DOI: 10.1556/2052.2023.00481
Noémi Nagy
New technologies based on digitalization, automation, and artificial intelligence have fundamentally transformed our lives and society as a whole, in just a few decades. These technologies support human well-being and prosperity by enhancing progress and innovation, however, they also have the potential to negatively impact human rights, democracy, and the rule of law. Discrimination, the violation of privacy, increasing surveillance, the weakening of personal autonomy, disinformation and electoral interference are but a few of the many concerns. This paper examines the specific human rights implications of AI-driven systems through the lens of the most important international instruments adopted by the UN and regional human rights mechanisms. The paper shows how AI can affect the exercise of all human rights, not only a most obvious few. In line with major international organizations, the author calls on decision-makers to take a precautionary approach by adopting AI regulations that are consistent with the standards of fundamental human rights, and that balance the realization of the opportunities with the potential risks which AI presents.
以数字化、自动化和人工智能为基础的新技术在短短几十年间从根本上改变了我们的生活和整个社会。然而,这些技术也有可能对人权、民主和法治产生负面影响。歧视、侵犯隐私、监控日益增多、个人自主权被削弱、虚假信息和选举干扰只是众多问题中的几个。本文从联合国和区域人权机制通过的最重要国际文书的角度,探讨了人工智能驱动系统对人权的具体影响。本文展示了人工智能如何影响所有人权的行使,而不仅仅是最明显的几项人权。与主要国际组织一样,作者呼吁决策者采取预防措施,通过符合基本人权标准的人工智能法规,在实现人工智能带来的机遇与潜在风险之间取得平衡。
{"title":"“Humanity's new frontier”: Human rights implications of artificial intelligence and new technologies","authors":"Noémi Nagy","doi":"10.1556/2052.2023.00481","DOIUrl":"https://doi.org/10.1556/2052.2023.00481","url":null,"abstract":"New technologies based on digitalization, automation, and artificial intelligence have fundamentally transformed our lives and society as a whole, in just a few decades. These technologies support human well-being and prosperity by enhancing progress and innovation, however, they also have the potential to negatively impact human rights, democracy, and the rule of law. Discrimination, the violation of privacy, increasing surveillance, the weakening of personal autonomy, disinformation and electoral interference are but a few of the many concerns. This paper examines the specific human rights implications of AI-driven systems through the lens of the most important international instruments adopted by the UN and regional human rights mechanisms. The paper shows how AI can affect the exercise of all human rights, not only a most obvious few. In line with major international organizations, the author calls on decision-makers to take a precautionary approach by adopting AI regulations that are consistent with the standards of fundamental human rights, and that balance the realization of the opportunities with the potential risks which AI presents.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139215039","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}
引用次数: 0
There is no plan(et) B - environmental “crossroads' of children's rights” 没有 B 计划--儿童权利的环境 "十字路口"
Q4 Social Sciences Pub Date : 2023-11-28 DOI: 10.1556/2052.2023.00440
Gábor Kecskés, Ágnes Lux
It is an obvious statement that children are disproportionately affected by changes in their environment, due to their incomplete maturity, evolving capacities, vulnerabilities derived from their age and special developmental needs. Changes in temperature, air and water quality, and access to proper nutrition are likely to have more severe and long-term impacts on children's health, development and well-being, since they basically determine the enjoyment of the right of the child to a healthy environment. The impacts of climate change clearly undermine the effective enjoyment of the rights enshrined in the UN Convention on the Rights of the Child (hereinafter: UN CRC) and its Optional Protocols, including the rights to life, survival and development (art. 6), to family relations and the right not to be separated from one's parents against one's will (arts. 9–10), the highest attainable standard of health (art. 24), an adequate standard of living (art. 27), education (art. 28), freedom from any form of violence or exploitation (arts. 19, 32 and 34–36), the right to recreation and play (art. 31) and the enjoyment of one's culture (art. 30). The climate crisis has been declared as child rights crisis, although children bear the least responsibility for it.The UN Committee on the Rights of the Child has clearly identified climate change as one of the biggest threats to children's health and has urged States Parties to put children's health concerns at the centre of their climate change adaptation and mitigation strategies.1 Despite data and research explicitly linking environmental harm to child rights violations, increasing knowledge of environmental crises and existing numerous international agreements, the common understanding of the clear relationship between children's rights and the environment is still questionable and obscure.2 In this paper we have gathered the binding international documents which clearly show the close link between children's rights and climate change, and we also analyze the measures taken by the relevant treaty-monitoring body within the field of children's rights. The main outcome of this paper is to give an introduction and an extended overview of the relevant international norms adopted by the environmental ‘crossroads’ of children's rights.
显而易见,由于儿童尚未完全成熟,他们的能力还在不断发展,他们的年龄和特 殊发展需要使他们容易受到环境变化的影响。气温、空气和水质的变化以及获得适当营养的机会可能会对儿童的健康、发展和福祉产生更为严重和长期的影响,因为这些因素从根本上决定了儿童享有健康环境的权利。气候变化的影响显然有损于切实享有《联合国儿童权利公约》(以下简称:《儿童权利公约》)及其《任择议定书》所载的各项权利,包括生命权、生存权和发展权(第6条)、家庭关系权和不违背本人意愿与父母分离的权利(第9-10条)、可实现的最高权利(第11-12条)、健康权(第13-14条)和其他权利(第15-16条)。这些权利包括生命权、生存权和发展权(第 6 条)、家庭关系权和不违背本人意愿与父母分离的权利(第 9-10 条)、可达到的最高健康标准权(第 24 条)、适足生活水准权(第 27 条)、受教育权(第 28 条)、免于任何形式暴力或剥削的自由(第 19、32 和 34-36 条)、娱乐和游戏权(第 31 条)以及享有自己的文化的权利(第 30 条)。联合国儿童权利委员会明确指出气候变化是对儿童健康的最大威胁之一,并敦促各缔约国将儿童健康问题置于其气候变化适应和缓解战略的中心。尽管有数据和研究明确表明环境危害与侵犯儿童权利之间存在联系,对环境危机的认识也在不断提高,而且现有的国际协定也很多,但人们对儿童权利与环境之间的明确关系的共识仍然存在疑问,而且模糊不清。2 本文收集了具有约束力的国际文件,这些文件明确表明了儿童权利与气候变化之间的密切联系,我们还分析了相关条约监督机构在儿童权利领域采取的措施。本文的主要成果是对儿童权利环境 "十字路口 "所采用的相关国际准则进行了介绍和扩展概述。
{"title":"There is no plan(et) B - environmental “crossroads' of children's rights”","authors":"Gábor Kecskés, Ágnes Lux","doi":"10.1556/2052.2023.00440","DOIUrl":"https://doi.org/10.1556/2052.2023.00440","url":null,"abstract":"It is an obvious statement that children are disproportionately affected by changes in their environment, due to their incomplete maturity, evolving capacities, vulnerabilities derived from their age and special developmental needs. Changes in temperature, air and water quality, and access to proper nutrition are likely to have more severe and long-term impacts on children's health, development and well-being, since they basically determine the enjoyment of the right of the child to a healthy environment. The impacts of climate change clearly undermine the effective enjoyment of the rights enshrined in the UN Convention on the Rights of the Child (hereinafter: UN CRC) and its Optional Protocols, including the rights to life, survival and development (art. 6), to family relations and the right not to be separated from one's parents against one's will (arts. 9–10), the highest attainable standard of health (art. 24), an adequate standard of living (art. 27), education (art. 28), freedom from any form of violence or exploitation (arts. 19, 32 and 34–36), the right to recreation and play (art. 31) and the enjoyment of one's culture (art. 30). The climate crisis has been declared as child rights crisis, although children bear the least responsibility for it.The UN Committee on the Rights of the Child has clearly identified climate change as one of the biggest threats to children's health and has urged States Parties to put children's health concerns at the centre of their climate change adaptation and mitigation strategies.1 Despite data and research explicitly linking environmental harm to child rights violations, increasing knowledge of environmental crises and existing numerous international agreements, the common understanding of the clear relationship between children's rights and the environment is still questionable and obscure.2 In this paper we have gathered the binding international documents which clearly show the close link between children's rights and climate change, and we also analyze the measures taken by the relevant treaty-monitoring body within the field of children's rights. The main outcome of this paper is to give an introduction and an extended overview of the relevant international norms adopted by the environmental ‘crossroads’ of children's rights.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139226362","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}
引用次数: 0
Children after war: From moral development claims to welfare and agency rights 战后儿童:从道德发展要求到福利和代理权
Q4 Social Sciences Pub Date : 2023-11-21 DOI: 10.1556/2052.2023.00437
Giorgia Brucato
Within a framework of rights that protects children's interests and seek to balance their developing interests in welfare and agency, I consider how contexts of war impact children's lives to argue that such contexts provide opportunities to advance or set back both the development of moral powers, namely capacities for a sense of justice and a conception of the good, and capacities for autonomy. Besides an interest in satisfying their basic needs and protection, children have an interest in developing their moral powers and growing into autonomous agents. Evidence shows great variation in children's responses to traumatic circumstances, from severe psychological disorders to enhanced resiliency and moral reasoning. As moral powers and autonomy ground the permissibility for paternalistic treatment and the exclusion of children from certain rights, I argue that once the war is over children are entitled to an adequate assessment of how their interests and capacities have changed. For children whose development was set back, states should grant opportunities for recovery and further development, which suggests strengthening welfare and protection rights; while for children whose development was advanced, states should recognize such advancement and grant opportunities for the exercise of their newfound capacities, which suggests granting certain agency rights alongside welfare and protection.
在保护儿童利益的权利框架内,我力求平衡儿童在福利和代理权方面不断发展的利益,我考虑了战争环境如何影响儿童的生活,认为战争环境为儿童道德力量的发展(即正义感和善的概念)和自主能力的发展提供了机会。除了满足儿童的基本需求和保护儿童的利益之外,儿童还希望发展自己的道德力量,成长为自主的人。有证据表明,儿童对创伤环境的反应差异很大,有的会出现严重的心理障碍,有的则会增强恢复能力和道德推理能力。由于道德力量和自主性是允许家长式待遇和将儿童排除在某些权利之外的基础,我认为,一旦战争结束,儿童有权对其利益和能力的变化进行充分评估。对于发展受挫的儿童,国家应给予恢复和进一步发展的机会,这就意味着要加强福利和保护权;而对于发展进步的儿童,国家应承认这种进步,并给予行使其新发现的能力的机会,这就意味着在给予福利和保护的同时,还要给予某些代理权。
{"title":"Children after war: From moral development claims to welfare and agency rights","authors":"Giorgia Brucato","doi":"10.1556/2052.2023.00437","DOIUrl":"https://doi.org/10.1556/2052.2023.00437","url":null,"abstract":"Within a framework of rights that protects children's interests and seek to balance their developing interests in welfare and agency, I consider how contexts of war impact children's lives to argue that such contexts provide opportunities to advance or set back both the development of moral powers, namely capacities for a sense of justice and a conception of the good, and capacities for autonomy. Besides an interest in satisfying their basic needs and protection, children have an interest in developing their moral powers and growing into autonomous agents. Evidence shows great variation in children's responses to traumatic circumstances, from severe psychological disorders to enhanced resiliency and moral reasoning. As moral powers and autonomy ground the permissibility for paternalistic treatment and the exclusion of children from certain rights, I argue that once the war is over children are entitled to an adequate assessment of how their interests and capacities have changed. For children whose development was set back, states should grant opportunities for recovery and further development, which suggests strengthening welfare and protection rights; while for children whose development was advanced, states should recognize such advancement and grant opportunities for the exercise of their newfound capacities, which suggests granting certain agency rights alongside welfare and protection.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139251373","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}
引用次数: 0
The value of formally undefined norms in the national legislation approximation to EU labour standards: The case of Ukraine 在与欧盟劳动标准相近的国家立法中正式未定义规范的价值:乌克兰案例
Q4 Social Sciences Pub Date : 2023-11-20 DOI: 10.1556/2052.2023.00455
Olena Rym, V. Kosovych
This paper aims to show the importance of a correct understanding of formally undefined EU labour law norms for the successful European integration of Ukraine. The analysis focuses on legal acts of the European Union. The drawbacks of the inequality of approaches to determining the content of norms with evaluative concepts are highlighted, as is the need to use doctrinal recommendations for the application of evaluative provisions with the purpose of preventing the misconception that evaluative concepts can be interpreted as, and to whom, it pleases. This article thus demonstrates the necessity of the analysis of the case-law of the Court of Justice of the EU, which is rich in the interpretation of evaluative concepts and is considered to help clarify the meaning of many terms of labour law, which, due to their undefined formulation, may cause difficulties in implementing them in the legal system of Ukraine.
本文旨在说明正确理解形式上未定义的欧盟劳动法准则对乌克兰成功融入欧洲的重要性。分析的重点是欧盟的法律行为。本文强调了用评价性概念确定规范内容的方法不平等的弊端,以及在适用评价性条款时使用理论建议的必要性,目的是防止出现评价性概念可以随心所欲、为所欲为地解释的误解。因此,本文证明了分析欧盟法院判例法的必要性,该判例法在解释评价性概念方面内容丰富,被认为有助于澄清劳动法中许多术语的含义,由于这些术语的表述不明确,在乌克兰法律体系中执行这些术语时可能会遇到困难。
{"title":"The value of formally undefined norms in the national legislation approximation to EU labour standards: The case of Ukraine","authors":"Olena Rym, V. Kosovych","doi":"10.1556/2052.2023.00455","DOIUrl":"https://doi.org/10.1556/2052.2023.00455","url":null,"abstract":"This paper aims to show the importance of a correct understanding of formally undefined EU labour law norms for the successful European integration of Ukraine. The analysis focuses on legal acts of the European Union. The drawbacks of the inequality of approaches to determining the content of norms with evaluative concepts are highlighted, as is the need to use doctrinal recommendations for the application of evaluative provisions with the purpose of preventing the misconception that evaluative concepts can be interpreted as, and to whom, it pleases. This article thus demonstrates the necessity of the analysis of the case-law of the Court of Justice of the EU, which is rich in the interpretation of evaluative concepts and is considered to help clarify the meaning of many terms of labour law, which, due to their undefined formulation, may cause difficulties in implementing them in the legal system of Ukraine.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139259445","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}
引用次数: 0
期刊
Hungarian Journal of Legal Studies
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1