Defending behavior in bullying situations

In order to encourage children and adolescents to defend and support their victimized peers, it is important to identify factors that either maximize or minimize the probability that students will engage in such behaviors. This thesis is composed of four studies designed to elucidate how a variety of factors work in conjunction to explain why some children defend their victimized classmates, whereas others remain passive or reinforce the bully. The conceptual framework of this thesis is drawn from several theoretical considerations, including social cognitive learning theory, the expectancy-value framework as well as the literature emphasizing the importance of empathy in motivating behaviors. Also the child-by-environment perspective and the socialecological perspective influenced this research. Accordingly, several intra- and interpersonal characteristics (e.g., social cognitions, empathy, and social status) as well as group-level factors (e.g., norms) that may either enhance or reduce the probability that students defend their victimized peers are investigated. In Studies I and II, the focus is on social cognitions, and special attention is paid to take into account the domain-specificity of cognition-behavior processes. Self-efficacy for defending is still an interest of study III, but the role of affective empathy on defending is also investigated. Also social status variables (preference and perceived popularity) are evaluated as possible moderators of links between intrapersonal factors and defending. In Study IV, the focus is expanded further by concentrating on characteristics of children’s proximal environments (i.e., classroom). Bullying norms and collective perceptions (i.e., connectedness among the students and the teachers’ ability to deal with bullying situations) are examined. Data are drawn from two research projects: the Kaarina Cohort Study (consisting of fourth and eighth graders) and the randomized controlled trial (RCT) evaluating the effects of the KiVa antibullying program (consisting of third to fifth graders). The results of the thesis suggest that defending the victims of bullying is influenced by a variety of individual level motivational characteristics, such as social cognitions and affective empathy. Also, both perceived popularity and social preference play a role in defending, and the findings support the conceptualization that behavior results from the interplay between the characteristics of an individual child and their social-relational environment. Classroom context further influences students’ defending behavior. Thus, antibullying efforts targeting peer bystanders should aim to influence intra- and interpersonal characteristics of children and adolescents as well as their social environment.

Vauhtikausi. Autoilun sukupuoli 1920-luvun Suomessa

The Age of Speed:Automobility’s Gender in the 1920s Finland The aim of this study is to analyze the connections between automobility and gender in Finland in the 1920s. In this study it is argued that the 1920s was the significant era in the Finnish history of automobility when many of the long-lasting gendered notions and cultural understandings were constructed. This study combines cultural history of technology with gender analysis. As the previous research on gender and technology has recognized, technology is a significant site of gender negotiations. Both from the cultural historical perspective and a gender perspective it is important to understand both technology and gender as cultural constructions. They were linked together and constructed each other. In other words: technology shapes gender and gender shapes technology. Historians of technology like Nina Lerman, Ruth Oldenziel and Arwen Mohun have argued that both gender and technology are about power: social, cultural, economic and political. In this study automobility means technology that can be analyzed in layers of identity, structures, institutions and representations. The source material consists of various types of historical sources, magazines and journals, advertisements, archival material together with films and literature. In the previous studies of the history of automobility gender has often been neglected. The term “gender” has also quite often been misunderstood. Some studies in the field have only focused on the early female drivers. However, far too little attention has been paid to the question, why automobility was considered as masculine sphere only. This study aims to give new insights to the previous interpretations of the history of automobility. As in various other countries also in Finland, the decade of the 1920s is characterized as a period of “modern times.” It was also the era of the automobiles. Although the number of cars in Finland was still low compared to the other European countries and the USA, in press, films and literature, images of automobiles and new women – and men – on the wheel became as an emblem of a new era. The thesis consists of three main chapters. The first main chapter focuses on the conflicts between drivers and non-drivers. The study shows how in the debate of the automobility “a driver” was constantly referred as a man and “a pedestrian” accordingly a woman, even though in the reality there were as much men and women walking on the streets and the roads. Thus, the public debate constructed and reconstructed the gendered traffic system where men were playing the key role. The second main chapter of the study analyses the automobile clubs and the cultural representations. The chapter answers the question how the concept of a driver was gendered. The Automobile clubs and the organizations of professional drivers were in a significant role in developing the early history of traffic in Finland. The Finnish Automobile Club (Suomen Automobiili Klubi, founded in 1919) was the oldest and the most powerful of all automobile organizations. The Finnish Automobile Club accepted women as members from the very beginning. The membership was strictly limited to the upper class and the very first female members were wives and daughters of the male members. However, Doctor of medicine and surgery 316 Karolina Eskelin (1867-1936) the founding member of the Club was an exception to that convention. The male members of the Finnish Automobile Club attended official international meetings and consulted Finnish authorities in traffic and road questions, whereas, female members joined car trips, picnics and social gatherings arranged by the club. Few young female members of the club drove in races and gross-country-tours. The cultural representations of drivers in the Finnish media in the 1920s both deconstructed and reconstructed the concept of gender. In Finnish press in general, motoring was seen as male dominated area. Men were represented as the experts of the automobility. The drivers’ uniforms and the automobile clubs underlined professionalism and expertise which, thus, got masculine meaning. Women were beautiful accessories in the car ads, but they were also becoming a new consumer group in the market. The representations of the female and the male drivers influenced and shaped actively the understandings of femininity and masculinity. In the third main chapter the analysis focuses on the automobile as an artifact.The automobile was considered as an artifact that primarily belonged to the masculine domain. However, the representations of the automobiles were ambivalent. The automobile was both masculine and feminine depending on the context. The representations of the automobile were also used to construct the discourse of heteronormativity.

Ultimate capacity of stainless steel rectangular hollow section X- joints at low temperatures

Growing demand for stainless steel construction materials has increased the popularity of substitutive materials for austenitic stainless steels. The lean duplex grades have taken their place in building of structures exposed to corrosive environments. Since the duplex grades are relatively new materials, the current codes and norms do not fully cover the newest duplex grades. The joints tested in this thesis were designed and studied according to Eurocode 3, even though all the materials are not yet accepted to the standards. The main objective in this thesis was to determine the differences of the used materials in behaviour under loading at low temperatures. Tests in which the deformation and strength properties of the joints were determined were done at the temperature of -46°C, which is the requirement of temperature for structures designed according to Norsok standards. Results show that replacing the austenitic grade with the lean duplex grade is acceptable.

The role of emotional state, sexual arousal, and alcohol intoxication as situational factors associated with adults’ online sexual contact with children and adolescents

In the present study we explored whether and how the situational factors; emotional states, sexual arousal, and alcohol intoxication influenced the propensity in adults to engage in online sexual contact with children (13 or younger) and adolescents (14 – 17 year olds). The results were compared to a group of adults that had engaged in online sexual contact with adults only (18 or older). We also looked at the variation over time within these situational factors during the online sexual contact with a child, an adolescent, or an adult. The present study was an online self-report survey to the adult populations in Finland, Sweden, and Germany, with a final sample (N = 776) of women and men who were active on the Internet. The participants were asked to report whether, how, and with whom they had engaged in online sexual contact. The results showed that more men than women reported online sexual contact with persons of all age groups, and that the situational factors; emotional states and sexual arousal influenced the propensity in both women and men to engage in online sexual contact with children and adolescents. However, the effects of alcohol intoxication were small and significant only for men. These results indicate that higher levels of emotional state and sexual arousal might increase the propensity to go against social norms and contact children and adolescents online for sexual purposes, but it can also imply that that those who look for online sexual contact online with children and adolescents, are more emotionally and/or sexually aroused than the group that only seek adult company or that these are post-hoc explanations for such sexual activities.

"Tässä on nyt todellakin meidän panos!" Tapaustutkimus kolmen nuoren kasvuhakuisen yrittäjätiimin minä, minun, me ja meidän -diskursseista

Tässä tutkimuksessa yhdistän tiimiyrittäjyyden, sosiaalisen identiteetin ja kollektiivisen psykologisen omistajuuden akateemisia keskusteluja. Tavoitteenani on kuvailla millaisia minä, minun, me ja meidän -diskursseja yrittäjätiimien jäsenet puhuvat kuvatessaan yrittäjyyttään. Tutkimuksen aineistona on nuorten, kasvuhakuisten yrittäjätiimien jäsenten puolistrukturoidut teemahaastattelut. Näkökulmana hyödynnän sosiaalista konstruktionismia ja analysoin aineiston diskurssianalyysillä. Tulkitsen neljä erilaista diskurssia, jotka liittyvät eri tavoin yrittäjätiimien me-identiteettiin. Ensimmäisessä diskurssissa yrittäjät puhuvat omasta roolistaan suhteessa tiimiin. Toisessa diskurssissa yrittäjät luovat oikeudenmukaisuuden ja yhteisvastuullisuuden normeja, joilla rakennetaan me-orientoitumista. Kolmannessa diskurssissa he puhuvat me-muodossa. Puheessa me on kokija, toimija, kollektiivinen psykologinen omistaja ja merkityksen antaja. Neljännessä diskurssissa me-identiteettiä rakentavat yrittäjyyden representaatiot ja toiminta. Meidän -puhetta liitetään asioihin, joihin tiiminä on yhdessä panostettu. Meidän -kokemukset näyttäytyvät puheessa voimallisena yrittäjyyden toiminnan merkityksellistämisen tapana.

Uskonnolliset herätykset ja kulttuurinen sopeutuminen

Kirjallisuusarvostelu

Negotiating home and belonging. Young Kurds in Finland

This study looks at negotiation of belonging and understandings of home among a generation of young Kurdish adults who were born in Iraq, Iran, and Turkey and who reached adulthood in Finland. The young Kurds taking part in the study belong to the generation of migrants who moved to Finland in their childhood and early teenage years from the region of Kurdistan and elsewhere in the Middle East, then grew to adulthood in Finland. In theoretical terms, the study draws broadly from three approaches: transnationalism, intersectionality, and narrativity. Transnationalism refers to individuals’ cross-border ties and interaction extending beyond nationstates’ borders. Young people of migrant background, it has been suggested, are raised in a transnational space that entails cross-border contacts, ties, and visits to the societies of departure. How identities and feelings of belonging become formed in relation to the transnational space is approached with an intersectional frame, for examination of individuals’ positionings in terms of their intersecting attributes of gender, age/generation, and ethnicity, among others. Focus on the narrative approach allows untangling how individuals make sense of their place in the social world and how they narrate their belonging in terms of various mechanisms of inclusion and exclusion, including institutional arrangements and discursive categorisation schemes. The empirical data for this qualitative study come from 25 semi-structured thematic interviews that were conducted with 23 young Kurdish adults living in Turku and Helsinki between 2009 and 2011. The interviewees were aged between 19 and 28 years at the time of interviewing. Interview themes involved topics such as school and working life, family relations and language-learning, political activism and citizenship, transnational ties and attachments, belonging and identification, and plans for the future and aspirations. Furthermore, data were collected from observations during political demonstrations and meetings, along with cultural get-togethers. The data were analysed via thematic analysis. The findings from the study suggest that young Kurds express a strong sense of ‘Kurdishness’ that is based partially on knowing the Kurdish language and is informed by a sense of cultural continuity in the diaspora setting. Collective Kurdish identity narratives, particularly related to the consciousness of being a marginalised ‘other’ in the context of the Middle East, are resonant in young interviewees’ narrations of ‘Kurdishness’. Thus, a sense of ‘Kurdishness’ is drawn from lived experiences indexed to a particular politico-historical context of the Kurdish diaspora movements but also from the current situation of Kurdish minorities in the Middle East. On the other hand, young Kurds construct a sense of belonging in terms of the discursive constructions of ‘Finnishness’ and ‘otherness’ in the Finnish context. The racialised boundaries of ‘Finnishness’ are echoed in young Kurds’ narrations and position them as the ‘other’ – namely, the ‘immigrant’, ‘refugee’, or ‘foreigner’ – on the basis of embodied signifiers (specifically, their darker complexions). This study also indicates that young Kurds navigate between gendered expectations and norms at home and outside the home environment. They negotiate their positionings through linguistic repertoires – for instance, through mastery of the Finnish language – and by adjusting their behaviour in light of the context. This suggests that young Kurds adopt various forms of agency to display and enact their belonging in a transnational diaspora space. Young Kurds’ narrations display both territorially-bounded and non-territorially-bounded elements with regard to the relationship between identity and locality. ‘Home’ is located in Finland, and the future and aspirations are planned in relation to it. In contrast, the region of Kurdistan is viewed as ‘homeland’ and as the place of origins and roots, where temporary stays and visits are a possibility. The emotional attachments are forged in relation to the country (Finland) and not so much relative to ‘Finnishness’, which the interviewees considered an exclusionary identity category. Furthermore, identification with one’s immediate place of residence (city) or, in some cases, with a religious identity as ‘Muslim’ provides a more flexible venue for identification than does identifying oneself with the (Finnish) nation.

Pankin notariaattipalvelut – asiantuntijan vastuu sivullista kohtaan

Pro gradu -tutkimuksen keskeisin tavoite on selvittää perusteita pankin notariaattipalveluiden tarjoajan vastuun laajenemiselle yli välittömän toimeksiantosopimussuhteen. Tutkimus on rajattu vain Suomen oikeuteen ja tutkimusasetelmasta seuraa, että vastuun henkilöllisen ulottuvuuden laajentumisen tilanteista tutkimuksessa perehdytään nimenomaisesti sivullisintressitilanteisiin. Tutkimus on toteutettu lainopillisesti. Suomen laissa ei säädetä suoraan välittömän sopimussuhteen ylittävästä vastuusta, joten lainsäädännön jäädessä vähemmälle korostuvat tutkimuksessa sopimusoikeuden yleiset periaatteet sekä korkeimman oikeuden tulkintakäytäntö ja oikeustieteellinen tutkimus. Tämä johtaa etsimään ja jäsentämään tutkimusongelman kannalta merkityksellisiä oikeusperiaatteita ja reaalisia argumentteja tarkkojen tulkintasuositusten tarjoamisen sijaan. Tutkimus osoittaa, että välittömän sopimussuhteen ylittävää vastuuta tulee arvioida sopimusvastuun normien mukaisesti deliktivastuun sijaan, ja sitä voidaan pitää eräänä sopimusvastuun erityistapauksena. Tutkimuksen pohjalta voidaan todeta, että pankin notariaattipalveluiden tarjoajan vastuu voi ulottua yli toimeksiantosopimussuhteen, jos vastuun syntymistä voidaan puoltaa riittävillä reaalisilla argumenteilla. Tällaisia perusteita ovat muun muassa pankin notariaattipalvelun tarjoajan ja sivullisen välinen erityissuhde ja pankin notariaattipalvelun tarjoajan mahdollisuus ennakoida vahinkoriski. Lisäksi kaksiasianosaissuhteen rajoituksesta poikkeamista voidaan perustella vaihdannan reaalisen rakenteen huomioonottamisella sekä sivulliselle syntyneellä perustellun luottamuksen suojaamisella.

Images of the future of privacy: A privacy dynamics framework and a causal layered

The future of privacy in the information age is a highly debated topic. In particular, new and emerging technologies such as ICTs and cognitive technologies are seen as threats to privacy. This thesis explores images of the future of privacy among non-experts within the time frame from the present until the year 2050. The aims of the study are to conceptualise privacy as a social and dynamic phenomenon, to understand how privacy is conceptualised among citizens and to analyse ideal-typical images of the future of privacy using the causal layered analysis method. The theoretical background of the thesis combines critical futures studies and critical realism, and the empirical material is drawn from three focus group sessions held in spring 2012 as part of the PRACTIS project. From a critical realist perspective, privacy is conceptualised as a social institution which creates and maintains boundaries between normative circles and preserves the social freedom of individuals. Privacy changes when actors with particular interests engage in technology-enabled practices which challenge current privacy norms. The thesis adopts a position of technological realism as opposed to determinism or neutralism. In the empirical part, the focus group participants are divided into four clusters based on differences in privacy conceptions and perceived threats and solutions. The clusters are fundamentalists, pragmatists, individualists and collectivists. Correspondingly, four ideal-typical images of the future are composed: ‘drift to low privacy’, ‘continuity and benign evolution’, ‘privatised privacy and an uncertain future’, and ‘responsible future or moral decline’. The images are analysed using the four layers of causal layered analysis: litany, system, worldview and myth. Each image has its strengths and weaknesses. The individualistic images tend to be fatalistic in character while the collectivistic images are somewhat utopian. In addition, the images have two common weaknesses: lack of recognition of ongoing developments and simplistic conceptions of privacy based on a dichotomy between the individual and society. The thesis argues for a dialectical understanding of futures as present images of the future and as outcomes of real processes and mechanisms. The first steps in promoting desirable futures are the awareness of privacy as a social institution, the awareness of current images of the future, including their assumptions and weaknesses, and an attitude of responsibility where futures are seen as the consequences of present choices.

Understanding Online Game Players' Post-adoption Behavior: an Investigation of Social Network Games in China

Retaining players and re-attracting switching players has long been a central topic for SNG providers with regard to the post-adoption stage of playing an online game. However, there has not been much research which has explored players’ post-adoption behavior by incorporating the continuance intention and the switching intention. In addition, traditional IS continuance theories were mainly developed to investigate users’ continued use of utilitarian IS, and thus they may fall short when trying to explain the continued use of hedonic IS. Furthermore, compared to the richer literature on IS continuance, far too little attention has been paid to IS switching, leading to a dearth of knowledge on the subject, despite the increased incidence of the switching phenomenon in the IS field. By addressing the limitations of prior literature, this study seeks to examine the determinants of SNG players’ two different post-adoption behaviors, including the continuance intention and the switching intention. This study takes a positivist approach and uses survey research method to test five proposed research models based on Unified Theory of Acceptance and Use of Technology 2; Use and Gratification Theory; Push-Pull-Mooring model; Cognitive Dissonance Theory; and a self-developed model respectively with empirical data collected from the SNG players of one of the biggest SNG providers in China. A total of 3919 valid responses and 541 valid responses were used to examine the continuance intention and the switching intention, respectively. SEM is utilized as the data analysis method. The proposed research models are supported by the empirical data. The continuance intention is determined by enjoyment, fantasy, escapism, social interaction, social presence, social influence, achievement and habit. The switching intention is determined by enjoyment, satisfaction, subjective norms, descriptive norms, alternative attractiveness, the need for variety, change experience, and adaptation cost. This study contributes to IS theories in three important ways. Firstly, it shows IS switching should be included in IS post-adoption research together with IS continuance. Secondly, a modern IS is usually multi-functional and SNG players have multiple reasons for using a SNG, thus a player’s beliefs about the hedonic, social and utilitarian perceptions of their continued use of the SNG exert significant effects on the continuance intention. Thirdly, the determinants of the switch ing intention mainly exert push, pull, and mooring effects. Players’ beliefs about their current SNG and the available alternatives, as well as their individual characteristics are all significant determinants of the switching intention. SNG players combine these effects in order to formulate the switching intention. Finally, this study presents limitations and suggestions for future research.

Functional, Social and Emotional Values as Determinants of Environmentally Responsible Media Consumption

The primary purpose of this research is to develop an enhanced understanding of how consumption values influence environmentally responsible consumption of print and digital media. Theoretical elaboration considers the associations of functional, social and emotional consumption values, green consumer segmentation and media consumption. Additionally, the purpose is to identify consumer perceptions of print and digital media’s environmental responsibility. Empirical analysis was based on qualitative interviews with a sample of 20 Finnish consumers categorized in two segments: young adults and middle aged consumers. Primary data collection was conducted through individual, semi-structured interviews. To analyze the respondents’ approach on the topic, the interviews disclosed themes of media consumption, perceived environmental friendliness of media, norms of behavior and consumers’ general consumption patterns. The results implicate functional value dominated the consumption decision-making process both in a general level and in media consumption. In addition to functional value, environmental responsibility does provide consumers with both emotional and social values. Analysis on perceived environmental responsibility of media demonstrated consumers generally perceive digital media as an environmentally responsible alternative because it does not create physical paper waste. Nevertheless, the perceptions of environmental responsibility and media consumption patterns lacked a consistent connection. Though, both theory and empirical results indicated an average consumer lacks a comprehensive understanding of digital and print media’s life-cycle and hence their environmental advantages and disadvantages.

Children at psychiatric risk and their families in Bucharest, in the context of 25 years of changes after December 89’ Romanian Revolution

The aim of the present dissertation was to capture a picture of child and adolescent mental health in Romania, in the context of almost 25 years of changes following the Romanian Revolution of December ’89. A three-part study was carried out in order to provide consistent answers to the pre-defined objectives: to appraise the development of child and adolescent mental health services in Romania (Part I), to explore the characteristics of clinically-referred patients in a Romanian child and adolescent psychiatry department (Part II), to examine the children’s mental health state and its connections with family functioning and associated risk factors (Part III). A multi-method research approach was used, comprising one qualitative analysis and two quantitative research studies. Part I consisted of a comparative qualitative analysis of the answers given by 10 mental health professionals at a 12-questions open ended interview about the current situation in child and adolescent mental health in Romania, on three topics: changes, challenges, solutions. Part II involved a descriptive quantitative analysis of certain variables (e.g. age, gender, primary diagnosis, co-morbidities, time of hospitalization) conducted on the patients who had been admitted to the Child and Adolescent Psychiatry Department at “Prof. Dr. Alexandru Obregia” Psychiatry Hospital, Bucharest in 1991 and in 2013. Part III was conducted on 342 subjects enrolled in two clinical groups and one school group, this study being performed through a cross-sectional analysis on multi-informant child and adolescent mental health problems and competencies (CBCL, YSR, SDQ P, SDQ SR) and their interrelation with household information (HQ) and family functioning (FAD). Outlining the results it can be stated that: 1) The CAMH System in Romania is definitely set on the path of reorganization, including a higher involvement of beneficiaries and of the community. 2) The characteristics of the admitted patients have changed significantly during the last almost 25 years since `89 December Revolution, under the influence of word wide trends in child psychiatry and of administrative aspects of the mental health network in Romania. 3) The rates of main diagnoses and co-morbidities confirm the reports in literature, with Autism Spectrum Disorder being the most frequent childhood psychiatric disorders in this study. 4) The children’s mental health problems in the psychiatry group are comparable to those reported for other clinical populations. 5) Significant score differences were observed according to various household features and also meaningful associations between a child’s clinical status and different aspects of family functioning. The Romanian Child and Adolescent Psychiatry has started to adopt the norms and standards of the European Union. In the 25 years that have elapsed after the 1989 Revolution, many changes have occurred in Romanian CAMH, but many unresolved issues have also risen. Therefore, the major contribution of this thesis is that it provides a coherent and updated overview of the present-day situation from three different perspectives- those of mental healthcare professionals, the one observed in clinical patients and the one reported by children’s families.

Consumer online communication of corporate social responsibility in the sin industry context: Cases in the global online gambling industry.

So-called sin industries are often related to harmfulness, unethical business, and unproductiveness. Nowadays, the alcohol, gambling, and tobacco industries are most often considered to be part of sin industries, which is also the context of this study. However, the definition of a sin industry is always related to time and culture. Despite the controversies of sin industries, there are studies that have shown that corporate social responsibility (CSR) engagement is even more important for sin industries than for normal industries and that CSR has a positive effect on firm value in sin industries. With CSR this study refers to an ideology where company takes mostly voluntary actions towards various groups of stakeholders and the environment. In other words, the company goes beyond the legal norms and regulations. In particular, the purpose of this thesis is to find out how companies, operating in the online gambling industry, communicate about their CSR actions to consumers at their web pages. The online environment is essential for this study as online gambling environment is a source of many controversies in comparison to the traditional gambling halls and casinos. These include, for example, greater accessibility, anonymity, and availability of the service. This study uses qualitative textual analysis as its approach, more precisely the discourse analysis. In addition, as this study focuses on large international companies and their actions, also case study approach will be presented. The cases studied are Mybet, Unibet, and Bwin.Party. In order to study the subject, elements from discourse analysis are combined with insights of essential CSR theories, and the specific characteristics of the online gambling industry. As a background for the framework, this study uses the framework of Du & Vieira (2012). After analyzing the discourses of CSR communication and CSR practices, it seems that all of the case companies still do not use all the potential that the online environment provides in terms of CSR or stakeholder communication. There are large differences between different communication tools used at different web pages (gambling pages vs. corporation pages) and between the firms’ CSR profiles. Moreover, there are large differences in the CSR practices used in the web pages of the case companies. The findings of this study are partially alarming as the case companies represent the largest companies in the industry. There are major varieties between the companies’ CSR communication and clear shortcomings in some parts of the online communication. Moreover, the trust of the consumer was broken in some places. If this is the standard that the biggest players in the industry have set with regards to CSR communication, it is probable that the smaller players are performing even worse. Moreover, the regulators are most likely concentrating on the larger companies, so the smaller companies might have fewer incentives and pressure to perform according to the regulations or exceeding the legislation. The conclusions of this thesis provide insights to managers, regulators, and scholars. Suggestions for future studies are provided as well.

Poliisin salaiset tiedonhankintakeinot ja yksityiselämän suoja

Tutkimuksessa selvitetään ensinnäkin, mitä vaatimuksia yksityiselämän suoja osana perusoikeusjärjestelmää asettaa poliisin salaisia tiedonhankintakeinoja koskevalle lainsäätämiselle. Tutkimuksessa selvitetään lisäksi, miten nykyinen lainsäädäntö vastaa yksityiselämän suojasta seuraaviin vaatimuksiin, ja miten lainsäädäntöä tulisi mahdollisesti kehittää, jotta se paremmin vastaisi näihin vaatimuksiin. Perus- ja ihmisoikeuksien merkitys on lisääntynyt myös lain soveltamisen osalta, ja tästä syystä tutkimuksessa selvitetään, mitä vaatimuksia perusoikeusjärjestelmä asettaa salaisia tiedonhankintakeinoja koskevalle lain soveltamiselle. Tutkimuksen kohteena on pakkokeinolain (806/2011) 10 luvussa säädetyt keinot, joita käytetään rikosten selvittämiseen sekä poliisilain (872/2011) 5 luvussa säädetyt keinot, joita käytetään rikosten estämiseen ja paljastamiseen. Tässä tutkimuksessa perusoikeusjärjestelmän kokonaisuuden perusteella määrittyy se, millä ehdoilla ja missä laajuudessa salaisten tiedonhankintakeinojen käyttö on mahdollista. Tutkimuksessa selviää, että salaisia tiedonhankintakeinoja koskevaa sääntelyä tarvitaan nimenomaisesti tietyistä asiakokonaisuuksista. Kun tiedonhankintakeinojen käyttöön liittyviä intressejä pyritään sovittamaan yhteen, pelkkä punninta ei ole riittävää, vaan tärkeää on havaita, mitkä konkreettisemmat tekijät vaikuttavat ratkaisun tekemiseen lainsäätämisessä ja lain soveltamisessa. Ihmisarvon loukkaamattomuutta kunnioittavassa oikeusvaltiossa sääntelylle asettuu myös tiettyjä ehdottomia rajoja. Tutkimuksessa selviää myös, että tutkimustietoa eri tiedonhankintakeinojen tehokkuudesta tulisi saada lisää, jotta voidaan paremmin arvioida eri keinojen oikeasuhtaisuutta. Joidenkin tiedonhankintakeinojen edellytykset on muotoiltu niin, että on kyseenalaista, toteutuvatko luottamuksellisen viestin salaisuutta koskevan lakivarauksen vaatimukset. Tulisi myös pohtia, tarvitaanko ainakin joidenkin keinojen osalta hankittujen tietojen käsittelemistä ja hävittämistä valvomaan jokin poliisin nähden ulkopuolinen taho, jotta yksilön oikeusturva voitaisiin turvata paremmin. Jatkossa tulisi edelleen kiinnittää huomiota myös siihen, että tiedonhankintakeinoja koskevien lupapäätösten ja -hakemusten perustelut ovat riittävät. Eduskunnan oikeusasiamiehen suorittama valvonta on ollut merkittävää yksilön oikeusturvan toteutumisen kannalta. Vaikuttaa kuitenkin siltä, että erillisen valvontaelimen perustaminen olisi tärkeää, jotta voitaisiin varmistaa tiedonhankintakeinojen riittävän perusteellinen valvonta.

The collective dimension of freedom of religion or belief in international law : the application of findings to the case of Turkey

Pertinent domestic and international developments involving issues related to tensions affecting religious or belief communities have been increasingly occupying the international law agenda. Those who generate and, thus, shape international law jurisprudence are in the process of seeking some of the answers to these questions. Thus the need for reconceptualization of the right to freedom of religion or belief continues as demands to the right to freedom of religion or belief challenge the boundaries of religious freedom in national and international law. This thesis aims to contribute to the process of “re-conceptualization” by exploring the notion of the collective dimension of freedom of religion or belief with a view to advance the protection of the right to freedom of religion or belief. The case of Turkey provides a useful test case where both the domestic legislation can be assessed against international standards, while at the same time lessons can be drawn for the improvement of the standard of international review of the protection of the collective dimension of freedom of religion or belief. The right to freedom of religion or belief, as enshrined in international human rights documents, is unique in its formulation in that it provides protection for the enjoyment of the rights “in community with others”.1 It cannot be realized in isolation; it crosses categories of human rights with aspects that are individual, aspects that can be effectively realized only in an organized community of individuals and aspects that belong to the field of economic, social and cultural rights such as those related to religious or moral education. This study centers on two primary questions; first, what is the scope and nature of protection afforded to the collective dimension of freedom of religion or belief in international law, and, secondly, how does the protection of the collective dimension of freedom of religion or belief in Turkey compare and contrast to international standards? Section I explores and examines the notion of the collective dimension of freedom of religion or belief, and the scope of its protection in international law with particular reference to the right to acquire legal personality and autonomy religious/belief communities. In Section II, the case study on Turkey constitutes the applied part of the thesis; here, the protection of the collective dimension is assessed with a view to evaluate the compliance of Turkish legislation and practice with international norms as well as seeking to identify how the standard of international review of the collective dimension of freedom of religion or belief can be improved.