1. 35 years of child rights and the emerging right to a healthy environmentCocou Marius Mensah, Zorica Brajovič Mensah, 2025, samostojni znanstveni sestavek ali poglavje v monografski publikaciji Opis: As of November 20, 2024, 35 years have passed since the adoption of the United Nations Convention on the Rights of the Child (UNCRC) in 1989, a unique and binding instrument that enshrined, for the first time in international law, a comprehensive set of rights for children across the globe. While the UNCRC has driven significant progress since its adoption in 1989, emerging challenges, particularly digitalisation and the climate crisis, reveal critical gaps in its implementation. This article evaluates three decades of achievements in child rights protection, identifies persistent shortcomings, and examines the urgent need to address environmental degradation as a violation of children’s rights. Through an analysis of international legal provisions and landmark cases, the authors argue for stronger enforcement mechanisms to uphold children’s right to a healthy environment. Ključne besede: child rights, right to a healthy environment, climate litigation, UNCRC, environmental human rights Objavljeno v DKUM: 17.11.2025; Ogledov: 0; Prenosov: 1
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2. Legal aspect of organ donation after death across Europe in human rights contextIlona Kiel-Puślecka, Mateusz Puślecki, Dąbrowski Marek, Bartłomiej Janyga, Bartłomiej Perek, Agnieszka Zawiejska, 2022 Ključne besede: medicine law, organ donation, human rights, European Union Objavljeno v DKUM: 04.09.2025; Ogledov: 0; Prenosov: 5
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3. Legal dilemmas about mandatory childhood vaccination in EuropeSebastian Czechowicz, Rafał Kubiak, 2023, izvirni znanstveni članek Opis: Compulsory childhood and adolescent vaccination are a controversial issue in the public arena. They also pose a challenge on the ground of legal sciences. This article is devoted to a dogmatic-legal analysis of the type of legally protected goods that are restricted in connection with mandatory vaccination (among others: the right to respect for private and family life, personal freedom, the right to self- determination) and those values that vaccination is in principle supposed to protect (public health, life, and health of children). The article analyses in detail the ruling of the European Court of Human Rights, which seems to be a breakthrough. On the one hand, it ends the dispute pending before the Court and, on the other, it opens the field for further discussion on the essence of mandatory vaccinations. The research has been carried out by using the dogmatic-legal method, the method of analysis and criticism of literature, the method of analysis of case law and the statistical method. In the presented research results, reports and statistical data of international bodies concerning the level of vaccination among children and adolescents in Europe were used. Ključne besede: child, countering the spread of communicable diseases, European Court of Human Rights, fundamental rights, public health Objavljeno v DKUM: 28.08.2025; Ogledov: 0; Prenosov: 7
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4. The right to privacy and data protection in European healthcare systems with an emphasis on the relevant case law and European legislationEma Turnšek, 2024, izvirni znanstveni članek Opis: Are personal data and information, which we trust entirely to healthcare systems, sufficiently protected? The article deals with the crossroads of law and medicine, specifically at the point where the right to data protection of a patient is being breached or insufficiently protected by law. In this regard, we have to first learn what is the actual scope of person’s right to (medical) data protection and second, understand when is that breached. The article analyses the origin of data protection and its historical development to find its core meaning. Further, it seeks the limits of data protection’s scope with the content of other related rights. With a comprehensive overview of European case law, the article exposes some serious violations of individual’s right to (medical) data protection. Ključne besede: right to dignity, right to privacy, right to data protection, fundamental human rights, medical data protection Objavljeno v DKUM: 28.08.2025; Ogledov: 0; Prenosov: 3
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5. Climate change and air pollution : the twin threats to children’s health and well-beingElijah Sriroshan Sritharan, 2025, izvirni znanstveni članek Opis: Environmental factors, such as air pollution and climate change, significantly contribute to the global burden of disease and are critical to understanding health disparities between countries, with low- and middle-income nations facing the highest environmental health burdens across various diseases and injuries. While health is universally acknowledged as both a fundamental human need and a basic human right, yet the harmful effects of unhealthy environments disproportionately impact children. Research indicates that pre- and post-natal exposures to environmental toxicants can disrupt brain and lung development, impairing their function. These health impacts are distributed unequally, with marginalised populations experiencing greater harm. The IPCC identifies fossil fuel combustion as the primary driver of climate change. Epidemiological studies further highlight the existing and future consequences of climate change, including its effects on infectious diseases, cardiovascular and pulmonary diseases, and mental well-being. Ključne besede: environmental toxicants, convention on the rights of the child, United Nations framework convention on climate change, human rights-based approach, sustainable development goals Objavljeno v DKUM: 28.08.2025; Ogledov: 0; Prenosov: 10
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6. Analysing the EU data privacy implications resulting from Executive Order 14086 : a legal perspectiveZoran Dimović, 2024, izvirni znanstveni članek Opis: The exchange of personal data between the EU and the USA has sparked intense debates and contentious discussions. This heightened attention can be attributed to significant disparities in data privacy regulations between the two regions, as well as mounting concerns surrounding the potential misuse of personal information by U.S. companies and government entities. In response to these concerns, the EU implemented the GDPR in 2018, which introduced stringent regulations aimed at safeguarding data privacy. Additionally, the GDPR imposed restrictions on the transfer of personal data to countries outside the EU that lack comparable data protection measures. One of the prominent legal challenges in this context relates to concerns over the adequacy of data protection in the USA, particularly in light of U.S. surveillance programs and the potential for government access to personal data. Ključne besede: cross-border data transfer, disparities in data privacy regulation, GDPR implications, human rights, personal data transfer Objavljeno v DKUM: 13.08.2025; Ogledov: 0; Prenosov: 15
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7. Collected Papers of Thomas A. HellerThomas Allan Heller, 2025 Opis: The monograph »Collected Papers of Thomas A. Heller« brings together the significant scholarly contributions of Thomas Heller, an esteemed American legal expert whose academic influence has resonated well beyond the borders of his home country. In his academic writings, Heller explored a broad spectrum of legal topics, reflecting both the depth of his expertise and the diversity of his intellectual interests. His work addressed important issues in criminal and civil procedure (such as attorney fees, remedies), topics that lie at the core of any legal system and continue to provoke scholarly debate. Particularly noteworthy are his contributions related to medical-legal issues such as medical malpractice, vaccination policies, and abortion law, mainly last analyzed through the lens of recent and landmark judicial decisions in the US. These topics are of enduring legal, ethical, and social significance. In addition, he also contributed to the field of English legal writing and composition, helping to clarify and elevate the standard of the English language. Ključne besede: criminal and civil procedure, obligatory insurance, human rights, medical law, English language Objavljeno v DKUM: 14.07.2025; Ogledov: 0; Prenosov: 7
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8. Proceedings in the case of Benedik v. Slovenia : Bachelor thesis undergraduate study programme Criminal Juctice and Security, B.A.Ana Jovanovska, 2024, diplomsko delo Opis: The case of Benedik v. Slovenia is a perfect example of the complexity between the right to privacy and covert investigative measures carried out by law enforcement in the digital age. Thus, this thesis aims to precisely explain the legislation governing the right to privacy under both internal law and the European Convention on Human Rights, with a particular emphasis on covert investigative measures. By exploring and defining the legal frameworks that protect the privacy rights of individuals, we aim to clarify the balance between state surveillance powers and individuals' privacy rights. The study systematically shows the evolution and current state of the legal provisions regarding covert investigative measures in Slovenia. The main focus of this thesis is the legal proceedings in the case of Benedik v. Slovenia. It serves as a prism through which the complexities of privacy protection, specifically, electronic privacy are analyzed in the context of data disclosure and internet usage. The study examines the legal proceedings at all court instances, including Kranj District Court, Ljubljana Higher Court, Supreme Court, and Constitutional Court of the Republic of Slovenia leading to a complaint that the applicant, Benedik, filed at the Strasbourg Court. The later ruling of the European Court of Human Rights addressed the interaction between domestic laws and international human rights norms in detail. An in-depth understanding of how covert investigative measures are integrated with the right to privacy is provided through an analysis of the arguments made, the legal reasoning used by the courts, and the verdicts issued. This thesis's comprehensive explanation offers valuable insights into the balance between state surveillance needs and the protection of individuals' right to privacy, highlighting the complexities of these issues in the modern digital age. Ključne besede: Benedik v. Slovenia, analysis of the judicial proceedings, human rights, right to privacy, covert investigative measures Objavljeno v DKUM: 28.08.2024; Ogledov: 104; Prenosov: 48
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9. Compatibility of unilateral sanctions with public international law : magistrsko deloAndrej Stanišić, 2024, magistrsko delo Opis: This master’s thesis systematically analyses the possible obligations and rules of public international law that must be respected when States impose sanctions without the authorisation of the United Nations Security Council or unilateral sanctions. This type of sanctions has been used throughout history and States are increasingly resorting to imposing them within international conflicts. However, they have never been regulated by any authoritative act, and the decisions of international judicial organs are scarce.
In the absence of specific rules regulating the use of unilateral sanctions, this thesis focuses on the general provisions and obligations of public international law that States must respect when imposing sanction regimes against other States. One of the fundamental principles of international relations is the principle of sovereign equality of States, under which States must refrain from intervening in the domestic affairs of other States and must respect their sovereign immunity. Furthermore, States are obligated to respect treaty provisions they have consented to, one of them being the World Trade Organisation’s Marrakesh Treaty, under which States need to respect the rules enshrined General Agreement on Tariffs and Trade, like most favoured nation principle. Unilateral sanctions such as freezing of assets of States and central banks, travel bans for State representatives, import and export bans and trade embargos all constitute a threat to breach these obligations of public international law. However, even if States impose unlawful unilateral sanctions, their unlawfulness may be precluded under the rules of lawful countermeasures.
Inconsistent State practice, divergent opinions of various scholars and lack of codifications make all these rules and prohibitions difficult to determine. However, given the recent increase in the use of unilateral sanctions, this grey area of international law is beginning to be clarified. Ključne besede: State sovereignty, sanctions, legal countermeasures, coercion, national matters, human rights, immunities, inviolability, security exception, most favoured nation. Objavljeno v DKUM: 24.06.2024; Ogledov: 198; Prenosov: 67
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10. Climate change-related displacement and the determination of refugee status under the 1951 Refugee ConventionElijah Sriroshan Sritharan, 2023, izvirni znanstveni članek Opis: Climate change and climate-driven migration are two of the defining challenges of the twenty-first century, and there is no legal framework for protecting those displaced across national borders for climate-related reasons. The 1951 Refugee Convention hardly applies to human mobility in the context of climate change. This paper was written in the hopes of initiating a discussion concerning an alternative perspective through which persons fleeing natural disasters linked to climate change may satisfy the eligibility conditions for recognition of refugee status. Expanding the definition of refugee as defined in the Convention by including the notion of vulnerability to climate disasters that are caused by the underlying socio-economic conditions in the claimant’s home country and the role of discrimination in causing differential exposure to the climate-related disasters in legal definitions might open the door for the availability of refugee status for persons fleeing in the context of climate change. This paper proposes the adoption of a reformed human rights-based interpretation, particularly with regard to the individual nature of refugee status determination. Recalibrating the Convention to facilitate climate-induced migration could reduce political tension and social unrest in receiving countries. Ključne besede: climate change, climate-driven migration or displacement, climate migrants, climate refugees, determination of refugee status, the 1951 refugee convention, human rights-based approach, socio-economic conditions, vulnerability to climate disasters, the role of discrimination, rights-based climate litigation Objavljeno v DKUM: 19.04.2024; Ogledov: 168; Prenosov: 36
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