Suchergebnisse

Genocide is described as one of the most severe crimes of the international law. After the Second World War international community decided to codify international law and the general principles of the law recognized by civilized nations. The United Nations enacted The Convention on the Prevention and Punishment of the Crime of Genocide. The convention stated that genocide crime is described as acts against national, ethnic, racial or religious group. After the collapse of the Soviet Union, many countries including Lithuania got back their independence. Lithuania's legislators incorporated the norms of the Genocide convention into the state's legal system. Besides these norms legislators also included social and political groups into the definition of genocide crime. It was done in order to punish persons, who were responsible for the criminal offense against Lithuania's citizen during soviet occupation. The decision that states legislators made extended the definition of genocide crime established in international law, which defines genocide as the acts against national, ethnic, racial or religious group, but not against social or political group. Under international principle nullum crimen sine lege a person should not face criminal punishment except for an act that was criminalized by law before he performed the act. In this work it is aimed to determine whether the extended genocide structure established in Lithuanian legal system does not violate principle nullum crimen sine lege. First of all, there were analyzed the definition of genocide crime and the reasons why social and political groups were not included. Before the Genocide convention, this act had no name and the first one, who came up with the name was R. Lemkin, who wrote a book about genocide crime. Then United Nations enacted the convention, which determines the genocide as the acts against national, ethnic, racial or religious group. During the process there were a lot of discussions about the groups, which should be protected by the convention, the social and political groups were also included in the projects. But some countries including Soviet Union disagreed with the protection of these groups. So, the social and political groups were not included into the Genocide convention because of the political reasons. But besides that, there is a number of other countries like Lithuania, which also included the social and political groups into their domestic laws in order to protect them. Secondly, there is a description of the principle nullum crimen sine lege. There were analyzed the application of the principle and the exception of it. The principle means that a person should not face criminal punishment except for an act that was criminalized by law before he performed the act. The exception is applied to sui generis offenses – war crimes and crimes against humanity, which is recognized by the civilized nations. This means that the exception of nullum crimen sine lege is applied to the crime of genocide too. Thirdly, it was analyzed the reasons why Lithuania's legislators included the social and political groups into the definition of genocide. In order to punish persons, who were responsible for the acts against Lithuanians during the occupation of Soviet Union the definition was extended by adding social and political groups into the definition. When the persecution of the perpetrators in Lithuania has started, there were perceived that it was not easy to prove the extermination of national and ethnic groups. It was easier to prove the special intent to exterminate the political and social groups, because soviets acts were directed to the specific groups of Lithuanians, which cannot be described as national, ethnic, racial or religious groups. Fourthly, in the work there were analyzed the definitions of social and political groups. Social group is a group where members are related with common ties and characteristics. The national, ethnic, racial and religious groups are also social groups even though the social group itself was not included in the Genocide convention. But not all social groups are national, ethnic, racial or religious groups, so the Genocide convention protects only a certain type of social groups. Political groups are groups, where members are related with common beliefs, which can be compared even with the religious beliefs. The drafters of the Genocide convention justified the exclusion of political group from the protected list of groups because it lacked the stability. But there were no discussions about including the religious group, which is as stable as political group. Finally, there were analyzed the relation between the extended definition of genocide and principle nullum crimen sine lege. Even though the exception of the principle nullum crimen sine lege is applicable to the crime of genocide, it is applied only to the crime, which is defined by the general principles of international law, which is recognized be the civilized nations. That means that exception is valid for the acts against national, ethnic, racial or religious groups, but not to social or political groups, because these two groups are not protected from genocide crime by the Genocide convention and other international laws.

In the paper ethnic identity, concepts of ethnic identity and strategies of those concepts in Lithuanian Exile are analysed. Usually in Lithuanian Exile surveys ethnic and national identities are handled as systematized and relatively stable forms of nationalism. In this paper ethnic identity is analysed on the basis of internal contradictions within diaspora and power relations (on the basis of gender, racial, ethnic groups' relations). In the paper we predicate that forms and practices of national collectivity are and can not only be transferred to emigrant community but are constantly transformed while changing boundaries and carrying other shifts in relation to other ethnic communities, and is a part of political formation of identity. In ethnic identity surveys collective identity and ethnic culture were handled as coherent unity, whereas ethnic identity is a part of constantly constructed and shifting processes. Hence in the topic not acculturation theory is chosen either but broader analytical model – through discursive practices, taking into account newspapers' analysis and organizational network in diaspora. Empirical material in the survey chosen is diaspora press and institutions in diaspora. Analytical model – newspapers' content analysis, analysis of strategies, making presumption that linguistic meanings and structural realization are bound together, analysis of practises of implementation – through diaspora institutions and family model. Tasks in the paper – to identify existing perceptions of Lithuanian identity, narratives and discourses of "lithuanianess", to analyse dominant strategies and forms (practices of exclusion and admission of group members, internal group contradictions). Particular attention is committed to youth organizations and role of women in Lithuanian diaspora in implementing political identity formation strategies. The paper conclusion is that Lithuanian intelligentsia had an access in constructing ethnic identity, on the basis of conservative discourse constructed by intellectuals complete social network of diaspora was established which functioned for implementing ethnic identity and ethnic culture. To sustain collective ethnic identity mechanisms of excluding group members were employed, as a result – ethnic continuity was not preserved.

In the paper ethnic identity, concepts of ethnic identity and strategies of those concepts in Lithuanian Exile are analysed. Usually in Lithuanian Exile surveys ethnic and national identities are handled as systematized and relatively stable forms of nationalism. In this paper ethnic identity is analysed on the basis of internal contradictions within diaspora and power relations (on the basis of gender, racial, ethnic groups' relations). In the paper we predicate that forms and practices of national collectivity are and can not only be transferred to emigrant community but are constantly transformed while changing boundaries and carrying other shifts in relation to other ethnic communities, and is a part of political formation of identity. In ethnic identity surveys collective identity and ethnic culture were handled as coherent unity, whereas ethnic identity is a part of constantly constructed and shifting processes. Hence in the topic not acculturation theory is chosen either but broader analytical model – through discursive practices, taking into account newspapers' analysis and organizational network in diaspora. Empirical material in the survey chosen is diaspora press and institutions in diaspora. Analytical model – newspapers' content analysis, analysis of strategies, making presumption that linguistic meanings and structural realization are bound together, analysis of practises of implementation – through diaspora institutions and family model. Tasks in the paper – to identify existing perceptions of Lithuanian identity, narratives and discourses of "lithuanianess", to analyse dominant strategies and forms (practices of exclusion and admission of group members, internal group contradictions). Particular attention is committed to youth organizations and role of women in Lithuanian diaspora in implementing political identity formation strategies. The paper conclusion is that Lithuanian intelligentsia had an access in constructing ethnic identity, on the basis of conservative discourse constructed by intellectuals complete social network of diaspora was established which functioned for implementing ethnic identity and ethnic culture. To sustain collective ethnic identity mechanisms of excluding group members were employed, as a result – ethnic continuity was not preserved.

The authors have examined the large variation in adolescent fertility rates between and within countries to better understand the regional and individual factors underlying early childbearing. Using low spatial level data from the Lithuanian Census, they found that there is a high degree of regional differentiation within Lithuania, with differences of up to 20-fold between rates in different regions. Therefore, they investigated whether the regional differentiation in adolescent fertility rates is determined by different regional contexts or by the individual characteristics of teenage mothers. Surprisingly, the results of their regression models showed that the regional context did not have a large effect on adolescent fertility – the large differences between regions appeared due to the unequal spatial distribution of socio-economically disadvantaged teenagers. Their results also showed that women who had their first child during adolescence were statistically significantly different from those who postponed motherhood: those who gave birth during adolescence were more likely to belong to ethnic minorities (1.4 times more likely), receive government benefits (10 times), live in large households (10 times), and reside in rural areas (1.4 times). They were also more likely to terminate their education early, acquiring only a primary (7 times more likely) or lower-secondary (8 times) education. The study's findings suggest that public strategies and policies should address individual factors to reduce adolescent fertility rates and regional disparities. Teenage mothers should be supported to return to the education system as early as possible, thus preventing a further widening of the gap between their socioeconomic status and that of their childless peers.

The authors have examined the large variation in adolescent fertility rates between and within countries to better understand the regional and individual factors underlying early childbearing. Using low spatial level data from the Lithuanian Census, they found that there is a high degree of regional differentiation within Lithuania, with differences of up to 20-fold between rates in different regions. Therefore, they investigated whether the regional differentiation in adolescent fertility rates is determined by different regional contexts or by the individual characteristics of teenage mothers. Surprisingly, the results of their regression models showed that the regional context did not have a large effect on adolescent fertility – the large differences between regions appeared due to the unequal spatial distribution of socio-economically disadvantaged teenagers. Their results also showed that women who had their first child during adolescence were statistically significantly different from those who postponed motherhood: those who gave birth during adolescence were more likely to belong to ethnic minorities (1.4 times more likely), receive government benefits (10 times), live in large households (10 times), and reside in rural areas (1.4 times). They were also more likely to terminate their education early, acquiring only a primary (7 times more likely) or lower-secondary (8 times) education. The study's findings suggest that public strategies and policies should address individual factors to reduce adolescent fertility rates and regional disparities. Teenage mothers should be supported to return to the education system as early as possible, thus preventing a further widening of the gap between their socioeconomic status and that of their childless peers.

The authors have examined the large variation in adolescent fertility rates between and within countries to better understand the regional and individual factors underlying early childbearing. Using low spatial level data from the Lithuanian Census, they found that there is a high degree of regional differentiation within Lithuania, with differences of up to 20-fold between rates in different regions. Therefore, they investigated whether the regional differentiation in adolescent fertility rates is determined by different regional contexts or by the individual characteristics of teenage mothers. Surprisingly, the results of their regression models showed that the regional context did not have a large effect on adolescent fertility – the large differences between regions appeared due to the unequal spatial distribution of socio-economically disadvantaged teenagers. Their results also showed that women who had their first child during adolescence were statistically significantly different from those who postponed motherhood: those who gave birth during adolescence were more likely to belong to ethnic minorities (1.4 times more likely), receive government benefits (10 times), live in large households (10 times), and reside in rural areas (1.4 times). They were also more likely to terminate their education early, acquiring only a primary (7 times more likely) or lower-secondary (8 times) education. The study's findings suggest that public strategies and policies should address individual factors to reduce adolescent fertility rates and regional disparities. Teenage mothers should be supported to return to the education system as early as possible, thus preventing a further widening of the gap between their socioeconomic status and that of their childless peers.

The authors have examined the large variation in adolescent fertility rates between and within countries to better understand the regional and individual factors underlying early childbearing. Using low spatial level data from the Lithuanian Census, they found that there is a high degree of regional differentiation within Lithuania, with differences of up to 20-fold between rates in different regions. Therefore, they investigated whether the regional differentiation in adolescent fertility rates is determined by different regional contexts or by the individual characteristics of teenage mothers. Surprisingly, the results of their regression models showed that the regional context did not have a large effect on adolescent fertility – the large differences between regions appeared due to the unequal spatial distribution of socio-economically disadvantaged teenagers. Their results also showed that women who had their first child during adolescence were statistically significantly different from those who postponed motherhood: those who gave birth during adolescence were more likely to belong to ethnic minorities (1.4 times more likely), receive government benefits (10 times), live in large households (10 times), and reside in rural areas (1.4 times). They were also more likely to terminate their education early, acquiring only a primary (7 times more likely) or lower-secondary (8 times) education. The study's findings suggest that public strategies and policies should address individual factors to reduce adolescent fertility rates and regional disparities. Teenage mothers should be supported to return to the education system as early as possible, thus preventing a further widening of the gap between their socioeconomic status and that of their childless peers.

Through Lithuania's integration into the global economy, there is an opportunity to promote positive economic, financial, cultural, intellectual development leading to the country's economic growth. On the other hand, the integration also encourages negative effects, including: increasing emigration, loss of investments that have been made in preparation of professionals, changes in local labour force, negative changes in the demographic structure, decreasing state revenues and increasing tax burden on the remaining population, and ultimately the country's loss of competitiveness because of the loss of skilled labour. The emigration issue is relevant in Lithuania, because of the large scale emigration that is a threat to social and economic stability. According to a variety of assessments, about 300 thousand inhabitants emigrated from Lithuania during the years of independence. This scale of Lithuanians' emigration has to be considered to be one of the most serious threats to the country's demographic development, economic growth and the preservation of cultural identity. Labour force emigration is influenced by many different types of factors. They can be grouped according to different criteria, depending on the research aim. Overall, among the causes of emigration, economic, political, ideological, racial, ethnic and other are often identified. Much attention is paid to the research into the emigration causes, because after finding the reasons that encourage people to migrate, concrete measures can be taken to regulate this process. [.]

Through Lithuania's integration into the global economy, there is an opportunity to promote positive economic, financial, cultural, intellectual development leading to the country's economic growth. On the other hand, the integration also encourages negative effects, including: increasing emigration, loss of investments that have been made in preparation of professionals, changes in local labour force, negative changes in the demographic structure, decreasing state revenues and increasing tax burden on the remaining population, and ultimately the country's loss of competitiveness because of the loss of skilled labour. The emigration issue is relevant in Lithuania, because of the large scale emigration that is a threat to social and economic stability. According to a variety of assessments, about 300 thousand inhabitants emigrated from Lithuania during the years of independence. This scale of Lithuanians' emigration has to be considered to be one of the most serious threats to the country's demographic development, economic growth and the preservation of cultural identity. Labour force emigration is influenced by many different types of factors. They can be grouped according to different criteria, depending on the research aim. Overall, among the causes of emigration, economic, political, ideological, racial, ethnic and other are often identified. Much attention is paid to the research into the emigration causes, because after finding the reasons that encourage people to migrate, concrete measures can be taken to regulate this process. [.]

From May 1, 2004 Lithuania became a member of the European Union, and in 2004, on the 29th of March joined NATO. In case of the EU, Lithuania has committed to harmonize its national legislation with Community law, and this has led to changes in the Lithuanian legal acts on human rights. Lithuania, as other Member States apply EU laws directly or transfer into national laws. The harmonization of legal acts in Lithuania also contributed to public policy-making in order to deal with various forms of discrimination. These changes had an impact on the struggle against hate crimes during the recent years. Furthermore, this type of crimes attracts more international attention. There is a great number of such crimes throughout the history and, unfortunately, victims are counted in millions. Hate crimes are crimes motivated by racial, ethnic or religious hatred or enmity. Reports of violence against certain ethnic groups are regularly appear on media sites. International organizations such as the UN (United Nations), the OSCE (Organization for Security and Co-operation in Europe) noted that hate crimes is a serious public safety problem. These crimes result not only in physical and mental sufferings of the victim or economic losses. Moreover, the outcome is the altering of relationship between different social groups, i.e. mistrust, suspicion and hostility. Such offences can lead to conflicts, resulting in a large mass of people forced to leave their homes and become refugees and asylum seekers. These people are the potential for radical extremism and terrorism. Western democracies develop laws that impose criminal penalties for hate crimes. The experience of countries such as the United States, Great Britain, Germany and etc in adoption and improvement of legislation in the struggle against such crimes, also the recommendations of various international organizations will contribute to the reduction of hate crime rate in Lithuania. ; Nuo 2004 m. gegužės 1 dienos Lietuva tapo Europos Sąjungos nare, o 2004 m. kovo 29 dieną įstojo į NATO. Įstojus į ES, Lietuva įsipareigojo suderinti savo nacionalinius teisės aktus su Bendrijos įstatymais ir tai lėmė pasikeitimus Lietuvos teisės aktuose sąryšyje su žmogaus teisėmis ir prisidėjo prie valstybės politikos formavimo, siekiant kovoti su įvairių formų diskriminacija. Lietuva, kaip ir kitos ES valstybės narės, taiko ES teisės aktus tiesiogiai ar perkelia jų nuostatas į savo nacionalinius įstatymus. Tokie pakeitimai padarė įtaką ir kovai su neapykantos nusikaltimais, nes pastaraisiais metais šio tipo nusikaltimai sulaukia vis daugiau tarptautinės bendruomenės dėmesio. Tokie nusikaltimai turi ilgą istoriją, o jų aukos skaičiuojamos milijonais. Neapykantos nusikaltimai – tai nusikaltimai motyvuoti rasinės, etninės ar religinės neapykantos ar priešiškumo. Pranešimai apie smurtą prieš tam tikras etnines grupes nuolat spausdinami žiniasklaidos puslapiuose. Tarptautinės organizacijos, pavyzdžiui JTO, ESBO, nuolat pabrėžia, kad neapykantos nusikaltimai yra rimta visuomenės saugumo problema. Tokių nusikaltimų žala yra ne tik fizinės ir psichinės kančios, ekonominiai nuostoliai. Jų pasekmė yra santykių tarp įvairių socialinių grupių pasikeitimas, nepasitikėjimo, įtarumo ir priešiškumo atsiradimas. Tokie nusikaltimai gali sukelti ir ginkluotus konfliktus, dėl ko daug žmonių bus priversti palikti savo namus ir prašyti prieglobsčio kitose valstybėse. Šių nusikaltimų aukų skaičiaus augimas yra dirva radikaliam ekstremizmui ir terorizmui plisti. Demokratinės vakarų valstybės tobulina įstatymus, kurie nustato baudžiamąją atsakomybę už neapykantos nusikaltimus. Tokių šalių kaip JAV, Didžiosios Britanijos, Vokietijos ir kitų patirtis rengiant, tobulinant teisės aktus, kovojant su tokiais nusikaltimais, bei tarptautinių organizacijų rekomendacijos, manytina prisidės prie sėkmingos kovos su tokio tipo nusikaltimais Lietuvoje.

A person is considered employed, after the conclusion and signing of an employment contract. The employment concract is not only a written legal labor relations locking document, but first of all, it is some kind of negotiating, contractual relations, agreements evolving among parties, which make satisfied not only legal expectations of the work, but also guarantee an individual's social status in society and in general each person's individual and constitutional right to work and express himself at work. The way to the signing of the contract can be divided into the following stages, as the right of the choise of employment, which should be interpreted as covering employment, the right to choose the desired job, the right to non-compulsory, voluntary, legal work, as well as the next stage can be distinguished, as each person's right to determine the contents of the employment contract. In labor law the principle of equality of persons guarantees to every person to be treated equally, precludes the application of different conditions of employment, to negotiate to estabilish such conditions, to treat identical relations differently based on sex, age, disability, race, ethnicity, nationality and other basis, unrelated to the employee's professional qualities. The person, who has suffered of discrimination in employment should to be available for an effective, legal protection to defend his damaged individual right to be treated equally with others for his constitutional right to a personal, unique characteristics, attitudes, beliefs. Fast development of information technology allow employers to monitor, collect personal data and to control workers and with such actions prejudice personal privacy. But by law it is difficult to determine the employer's abligations not to disseminate certain information about the job candidate, because precontractual labor relations can not fully protect the personal data for their transmission of computer technologies. Collecting and using personal data for the employment purposes, granted by the Constitution, must be guaranteed the person's right to freely express his thoughts, beliefs and also respect his privacy and human dignity, especially if the information relates to a person's racial or ethnic origin, political options, religious, philosophical or other beliefs, health or sex life, also person's criminal record.

A person is considered employed, after the conclusion and signing of an employment contract. The employment concract is not only a written legal labor relations locking document, but first of all, it is some kind of negotiating, contractual relations, agreements evolving among parties, which make satisfied not only legal expectations of the work, but also guarantee an individual's social status in society and in general each person's individual and constitutional right to work and express himself at work. The way to the signing of the contract can be divided into the following stages, as the right of the choise of employment, which should be interpreted as covering employment, the right to choose the desired job, the right to non-compulsory, voluntary, legal work, as well as the next stage can be distinguished, as each person's right to determine the contents of the employment contract. In labor law the principle of equality of persons guarantees to every person to be treated equally, precludes the application of different conditions of employment, to negotiate to estabilish such conditions, to treat identical relations differently based on sex, age, disability, race, ethnicity, nationality and other basis, unrelated to the employee's professional qualities. The person, who has suffered of discrimination in employment should to be available for an effective, legal protection to defend his damaged individual right to be treated equally with others for his constitutional right to a personal, unique characteristics, attitudes, beliefs. Fast development of information technology allow employers to monitor, collect personal data and to control workers and with such actions prejudice personal privacy. But by law it is difficult to determine the employer's abligations not to disseminate certain information about the job candidate, because precontractual labor relations can not fully protect the personal data for their transmission of computer technologies. Collecting and using personal data for the employment purposes, granted by the Constitution, must be guaranteed the person's right to freely express his thoughts, beliefs and also respect his privacy and human dignity, especially if the information relates to a person's racial or ethnic origin, political options, religious, philosophical or other beliefs, health or sex life, also person's criminal record.

The skinhead subculture is a global phenomenon – like many other youth subcultures. Thus, the research question arises – which features of a skinhead's identity emerge in the local environment of the Lithuanian society, and in which manner? Is the identity of a Lithuanian skinhead exceptional? The aim of the research was to reveal the peculiarities of right-wing skinheads' identity, the motivation for choosing such identity, and the character of skinheads' social activity. The work is based on empirical material collected during 2004–2013. The methods included an in-depth interview, a questionnaire survey, an integrated observation, and collecting visual material (photo and video) revealing the expressions of the subculture. The visual material presented in skinheads' Facebook accounts was analyzed. The study was conducted by applying the induction technique where issues and individual and group aspects of identity and behavior characteristic of the skinheads were obtained from the available data. The study showed that the ideas characteristic of Lithuanian right-wing skinhead ideology are patriotism, nationalism, racial nationalism, as well as racism and neo-Nazism. Masculine values – strength, courage, fortitude and physical resilience, and ability to defend one's ideas with force – occupy an important position on the list of skinheads' values. In addition to characteristic internationally used elements, Lithuanian skinheads' subcultural style is complemented with local – national – elements. The combination of all three features of identity – ideology, masculine values, and the skinhead style – defines a person as a member of the right-wing skinhead subculture. It has been noted that a person's identity changes and acquires new features when the person communicates with members of other subculture groups (reenactors, metalheads, football fans, or bikers) and joins their activity. The analysis of how individuals joined the right-wing skinhead activity revealed that the majority of the respondents had already formed ideas similar to those characteristic of this subculture. The respondents mostly associated the formation of such ideas with patriotic upbringing in the family, stories from family members about repressions of the Soviets against their relatives, events at the time of the National Liberation Movement (Sąjūdis), family members' hostility towards foreigners, and conflicts with ethnic minorities. The analysis of the activity level of right-wing skinhead groups showed that this level may change depending on the social environment; in total, three levels of activity were identified: inactive (dormant), active (parties, entertainment), and highly active (extremist).