Diamond, Robert A., Ed.; Alligood, Arlene, Ed.
Contents of this comprehensive review of civil rights developments from 1968 to 1970 include: Introduction--civil rights 1970: progress continues, priority wanes; Legislative Background--20 years of civil rights; Commission Report--civil rights enforcement; a promise unfulfilled; Supreme Court Decision--key decision on busing, racial balance…
This article traces the development of the "Deaf President Now" (DPN) movement and its similarities to the black civil rights movement. Movements typically begin with a concrete, precipitating event but are usually the result of known or shared incidents on the part of the participants, and the "Deaf President Now" movement…
Loewen, James W.
William Faulkner famously wrote, "The past is never dead. It's not even past." He would not be surprised to learn that Americans, 150 years after the Civil War began, are still getting it wrong. Did America's most divisive war start over slavery or states' rights? The author says that too many people--including educators--get it wrong. The author…
Office for Civil Rights, US Department of Education, 2012
Since 1968, the Civil Rights Data Collection (CRDC) has collected data on key education and civil rights issues in our nation's public schools for use by the Department of Education's Office for Civil Rights (OCR), other Department offices, other federal agencies, and by policymakers and researchers outside of the Department. The CRDC has…
... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil rights. 3560.2 Section 3560.2 Agriculture... DIRECT MULTI-FAMILY HOUSING LOANS AND GRANTS General Provisions and Definitions § 3560.2 Civil rights. (a... prohibition under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d and Title VI regulations...
... Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and the NASA implementing regulations (14 CFR parts 1250... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Civil rights. 1274.924 Section 1274.924... FIRMS Other Provisions and Special Conditions § 1274.924 Civil rights. Civil Rights July 2002 Work...
... Civil Rights Act of 1964” (43 CFR part 17) and shall give assurances of compliance in such forms as may... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil rights. 881.12 Section 881.12 Mineral... LAND RECLAMATION SUBSIDENCE AND STRIP MINE REHABILITATION, APPALACHIA § 881.12 Civil rights. State...
... 7 Agriculture 7 2010-01-01 2010-01-01 false Civil rights. 761.3 Section 761.3 Agriculture... SPECIAL PROGRAMS GENERAL PROGRAM ADMINISTRATION General Provisions § 761.3 Civil rights. Part 15d of this title contains applicable regulations pertaining to civil rights and filing of discrimination...
... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Civil rights. 401.22 Section 401.22..., DEVELOPMENT AND ENHANCEMENT § 401.22 Civil rights. Each application for Federal assistance, grant-in-aid award... Assisted Programs of the Civil Rights Act of 1964 and with the Secretary's regulations...
Full Text Available According to the Covenant on Civil and Political Rights adopted by the United Nations, in 1966, the human being who enjoy his civil and political rights, enjoy in fact that “humanitas dignitas” (human dignity, since these rights derive from this. That is why this Covenant stipulated that the States parties are obligated to assure both the recognitions of these rights and their exercise and juridical protection.
In recent years the American South has become the platform for an authenticity seeking tourism industry. Former sites of civil rights action have been revived and transformed into tourist attractions. The following paper introduces the notion of so-called civil rights tourism and presents a critical analysis of current sites of civil rights commemoration throughout the American South.
Reynolds, Gerald A.
Columnist George Will and others have questioned the continuing need for a federal civil rights commission, because civil rights protections have been on the books since 1964. The chairman of the Commission, Gerald Reynolds, here responds that practitioners of critical legal theory, advocates of the Akaka-Secession bill, some proponents of…
... issued by the Secretary of Health and Human Services with the approval of the President (45 CFR part 80). ... 42 Public Health 1 2010-10-01 2010-10-01 false Civil rights. 59.209 Section 59.209 Public Health... Grants for Family Planning Service Training § 59.209 Civil rights. Attention is called to...
... CFR part 1901, subpart E. ... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil rights. 3550.3 Section 3550.3 Agriculture... DIRECT SINGLE FAMILY HOUSING LOANS AND GRANTS General § 3550.3 Civil rights. RHS will administer...
... CFR part 42, subparts C, D, E, and G. ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Civil rights. 65.52 Section 65.52... Additional Requirements § 65.52 Civil rights. The Act provides that “no person in any state shall on...
... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1735.15 Section 1735.15 Agriculture Regulations of the Department of Agriculture (Continued) RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE... Policies § 1735.15 Civil rights. Borrowers are required to comply with certain regulations...
... benefits and on equal employment opportunity including 7 CFR parts 15 and 15b; and 45 CFR part 90, as... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1709.18 Section 1709.18 Agriculture... ASSISTANCE TO HIGH ENERGY COST COMMUNITIES General Requirements § 1709.18 Civil rights. This program will...
... thereunder, 43 CFR part 17. ... 50 Wildlife and Fisheries 6 2010-10-01 2010-10-01 false Civil rights. 82.20 Section 82.20 Wildlife... (MARINE MAMMAL PROTECTION ACT OF 1972) Administration § 82.20 Civil rights. Each cooperative...
... CFR part 17) and shall give assurances of compliance in such form as may be required by the Director. ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil rights. 880.16 Section 880.16 Mineral... LAND RECLAMATION MINE FIRE CONTROL § 880.16 Civil rights. State and local authorities shall comply...
... the Department of Justice Non-Discrimination regulations 28 CFR part 42, subparts C, D, E, and G. ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Civil rights. 33.52 Section 33.52... Block Grants Additional Requirements § 33.52 Civil rights. The Justice Assistance Act provides that...
... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Civil rights. 21.7310... Bill-Active Duty) Administrative § 21.7310 Civil rights. (a) Delegation of authority concerning Federal... her jurisdiction. See part 18 of this chapter. These equal opportunity laws are: (1) Title VI,...
... Department's nondiscrimination regulations (7 CFR parts 15, 15a, and 15b) and the FNS civil rights... 7 Agriculture 4 2010-01-01 2010-01-01 false Civil rights. 250.21 Section 250.21 Agriculture... TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION General Operating Provisions § 250.21...
The question of how the consequences of technological development are to be mastered on the legal level is not primarily a problem of the administrative procedure. The essential point in the discussion on protection of basic rights is not to be seen in the citizen's right to participate in administrative procedures, but rather in the substantive civil rights of individual persons as against the government, together with the system of values established in the Basic Law and derived from the basic rights, as well as in the proper functioning of the principle of separation of powers (legislature, administration, and judicature). The law on procedure and thus the idea of (protection of civil rights by rules of procedure) in this context only have an enhancing effect. Practical protection of civil rights is also ascertained in the Federal Republic of Germany by the particularly well-established guarantee of access to the courts. Another idea to be mentioned in this context is an approach that can be termed as 'protection of civil rights by government-funded research'. Other facts contributing to building a protective shield against infringement of civil rights by technology, activities or installations, include e.g. the federal structure of the state and the administration, type and scope of organisation of the public service, the established system of environmental protection and the safety provided by the current system of expert opinions. (orig./HSCH)
International Monetary Fund
Government spending plays a critical role in protecting and enforcing rights and civil liberties. Empirical evidence for a sample of industrial and developing countries shows that government expenditures on defense, law and order, social security, education, and health care are associated with three rights indicators—property rights, equality of citizens before the law, and economic freedom. In particular, an increase in spending on law and order seems to improve the indicators of rights and ...
Two issues are discussed: (1) reasons for raising global and international human rights issues in constitutional law, civil rights, and administrative law courses in United States law schools; and (2) barriers to globalization of courses and ways to overcome them. (MSE)
Dean, C R
This article describes the author's efforts to secure marriage rights for same-sex couples in the District of Columbia. The importance of such rights are described in terms of their benefits to partners in areas such as inheritance, taxation, and benefit to society. It is argued that refusal to recognize same-sex marriages is not justified by statute and that discrimination on the basis of sex violates the District's Human Rights Act. Certain prior court cases, moreover, affirm the moral logic for extending marriage rights to same-sex couples. PMID:7860979
Kirkwood-Tucker, Toni Fuss
Eleanor Roosevelt's support of African American rights was one of the highlights of her activities as first lady. Her fearless advocacy for justice pulled her into political controversies that were unprecedented for the wife of a president. The first lady's initiatives in support of the rights of African Americans offer students an excellent…
... 32 National Defense 6 2010-07-01 2010-07-01 false Civil rights, powers, and duties. 935.21 Section... INSULAR REGULATIONS WAKE ISLAND CODE Civil Law § 935.21 Civil rights, powers, and duties. In any case in which the civil rights, powers, and duties of any person on Wake Island are not otherwise prescribed...
This article reports on the mission of the Office for Civil Rights in the U.S. Department of Education to ensure equal access to education through compliance reviews. The Office hopes to use these reviews to provide technical assistance to help districts improve their performance. In late March, the Los Angeles Unified School District became the…
Ward, Nicholas D.
An approach is developed to evaluating an employment civil rights claim, on the theory that proper diagnosis will facilitate a more appropriate defensive strategy. The statutory basis for the claims, substance of the complaint, parties defendant, pretext, feasible alternatives, and reasonable accommodation are discussed as claim criteria. (MSE)
... 20-15:320-15, “Equal Employment Opportunity in Construction Financed with RUS Loans”; 7 CFR parts 15 and 15b and 45 CFR part 90. ... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1738.17 Section 1738.17...
... Resize A A A Print Share Office for Civil Rights (OCR) I would like info on. . . Contact ... enter your contact information below. Email Office for Civil Rights Headquarters U.S. Department of Health & Human Services ...
© 2015 Eastern Sociological Society. Fifty years after the civil rights movement, ethnic and racial disparities persist and have even widened across a number of socioeconomic indicators. When compared against whites, nonwhites today fare about the same or worse than their counterparts of the past in educational and occupational attainment, income and earnings, wealth, unemployment and underemployment. How can we understand the failure of racial and ethnic minority groups to attain socioeconom...
... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Applicability of civil rights statutes. 1007.45 Section 1007.45 Housing and Urban Development Regulations Relating to Housing and Urban... civil rights statutes. To the extent that the requirements of title VI of the Civil Rights Act of...
... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil Rights Impact Analysis. 4279.60 Section 4279.60... RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE GUARANTEED LOANMAKING General § 4279.60 Civil Rights..., “Civil Rights Impact Analysis” are met and will complete the appropriate level of review in...
... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Civil rights. 35.925-9 Section 35.925-9... ASSISTANCE Grants for Construction of Treatment Works-Clean Water Act § 35.925-9 Civil rights. That if the... the Civil Rights Act of 1964 and part 7 of this chapter have been met....
Full Text Available The civil and political rights as protected under the Covenant from the core of human rights protection on the international plane. This paper seeks to demonstrate how this goal may be archieved. The genesis of the Covenant will be discussed in the context of the evolution of human rights law. Starting from the normative framework and its development after the adoption of the Universal Declaration of Human Rights the scope of the Covenant rights as well as the duties of the State parties will be discussed. The monitoring role of th Human Rights Committee as major element in the implementation process will be closely examined. The paper will be focused on the status of the State parties and the Status of the Covenant in domestic law. Also will specifically focus on the State reporting system and the individual complaint procedure be carefully selected case studies. In conclusion, will be discussed the legal consequences of violations of rights protected by the Covenant.
... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil rights compliance. 3565.8 Section 3565.8... AGRICULTURE GUARANTEED RURAL RENTAL HOUSING PROGRAM General Provisions § 3565.8 Civil rights compliance. (a... or having exercised their right under the Consumer Credit Protection Act, and in accordance with...
Gallagher, James J.
In this article, James J. Gallagher explains, in the context of education, that "civil rights" means the guarantee of equal opportunity and justice for all and the actions taken against those barriers that stand in the way of such equality. How does the issue of civil rights bear on an area of special education such as the education of…
The author describes teaching eighth-grade students about the civil rights movement. Teachers used photographs of students in the 1950s as a central theme of their unit about the U.S. civil rights movement. Using these photographs as a learning tool inspired the students to be engaged in history. At the end of the unit, students were able to…
... against should file a discrimination complaint with the USDA Director, Office of Civil Rights, Room 326W, Whitten Building, 1400 Independence Avenue, SW., Washington, DC 20250-9410, or telephone (202) 720-5964....
Klepaker, Eirik Søreide
This thesis contains a analys of the Unionist Party's preception and respons to the Northern Irish civil rights movement. The thesis sets out to explore how the civil rights movement influenced the events leading up to the supension of the Stormont parliament in 1972. The time period streches from October 1968 to March 1972.
In response to the global financial crisis,China's civil affairs au-thorities redoubled their effort in 2009 to improve the livelihood of the Chinese people and protect their basic rights and interests under the constitutional principle of respectingand protecting human rights.
Berger, Martin A.
Full Text Available "Fixing Images" argues that the iconic photographs of civil rights played a key role in limiting the racial reforms of the 1960s. The famous photographs of dogs and fire hoses turned against peaceful black marchers in Birmingham, or of tear gas and clubs wielded against voter-rights marchers in Selma are routinely credited with galvanizing the sympathy of liberal whites in the north for the plight of blacks in the south and of smoothing the wayfor civil rights legislation. What goes unsaid is how the photographs moved whites to accept legislative and social reforms by perpetuating a picture of white control. The article illustrates how white sympathy was contingent on images that consistently displayed blacks as the passive and hapless victims of active and violent whites. And it demonstrates how the iconic images of civil rights ultimately limited efforts to enact – or even imagine – reforms that threatened to upend the racial balance of power.
Although the Convention on the Rights of the Child (1989) was a significant international achievement, its adoption requires analysis and interpretation in terms of the possibilities and limitations of multilateral cooperation. The international movement for children's rights can only be conceived as the result of a system of multilateral…
... Civil Rights. 105-53.130-2 Section 105-53.130-2 Public Contracts and Property Management Federal... ORGANIZATION AND FUNCTIONS Central Offices § 105-53.130-2 Office of Ethics and Civil Rights. The Office of Ethics and Civil Rights, headed by the Special Counsel for Ethics and Civil Rights, is responsible...
Full Text Available In response to increasing public awareness of human trafficking in the United States, the Victims of Trafficking and Violence Protection Act (TVPA was signed into law by President Bill Clinton in October of 2000. The TVPA consolidated existing legislation to create a comprehensive civil remedy; this ensures that trafficking victims are no longer forced to seek redress under multiple criminal and civil statutes that target only components of the human trafficking offense. However, despite its status as the first comprehensive anti-trafficking legislation to be enacted in the United States, the TVPA fails to sufficiently address human trafficking concerns. It is suggested that the failure of the TVPA is a result of both the prosecutorial focus of the legislation, a focus which tends to overlook victims’ civil rights, and the contingency of TVPA benefits upon adherence to the prosecutorial process. In response to the shortcomings of the TVPA, the legislation was amended by the Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA to provide a civil remedy for trafficking victims. The civil remedy confers on trafficking victims the private right to vindicate their civil rights and hold their traffickers directly accountable for their exploitative acts. By directly compensating victims, the civil remedy acts as a financial deterrent against traffickers and provides a private enforcement anti-trafficking policy. In pursuing the civil remedy, trafficking victims possess several advantages over the prosecutorial process of the TVPA and other civil causes of action. However, despite its advantages, the civil remedy is infrequently utilized thus frustrating congressional intent that victims advance antitrafficking policy by enforcing a civil remedy against their traffickers.
The gratuitous right of use is regulated by the new Civil Code as one of the rights corresponding to the public property. The paper aims to analyse this right in the context of the current legislation, in view of the beneficiaries, the content and the juridical characteristics, as well as the legal limits of the gratuitous right of use. There are identified the categories of legal persons who can exercise the gratuitous right of use and the conditions which should be fulfilled in order to exe...
Sergio Patricio Fiedler
A fundamental dimension of contemporary social movements is the use of civil disobedience, as means of both exerting mass pressure on the political system and as a process through which the participants of a social movement perceive and construct an alternative and autonomous democratic power. This article attempts to develop a political and ethical reflection about the transformative dimension and collective potential of civil disobedience drawing on the notions of the right to rebel and the...
Full Text Available The abuse of rights is qualified as civil offence and it may not be different from that of aquilian responsibility, the purpose of its sanction is to protect the victim and not to punish the author. In the Romanian legal doctrine, the abuse of rights was defined as “the exercise of a civil subjective right by breaching the principles of its exercise.” The Constitutional Court held that the person exercising in bad faith and abusively his/her subjective or procedural rights is punishable by appropriate penalties, such as: dismissal of his/her legal action, obligation to bear the costs, application of certain court fines, etc.
Santoli, Susan; Vitulli, Paige; Giles, Rebecca
Exploring controversial and difficult events and issues with young children can be challenging. The Civil Rights Movement is an abstract, perhaps remote, issue for young children today. However, it is an important part of our country's history and a theme worthy of study. This article suggests ways to use photographs to explore this mature subject…
... requirements, project standards, and site and neighborhood standards under 24 CFR 891.120, 891.125, 891.210, 891.310, and 891.320, as applicable; and 24 CFR 8.4(b)(5), which prohibits the selection of a site or... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Civil rights requirements....
Potter, Lee Ann
In this article, the author examines the practice of the filibuster, using as the featured document the signed cloture motion in the Senate for an end to the filibuster to block the Civil Rights Act of 1964. The accompanying teaching activities enable teachers to introduce their classes to the history and practice of the filibuster. (Contains 1…
... Act of 1990, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, 45 CFR part 80, part 84, and part 91, and 28 CFR part 35. ... 42 Public Health 4 2010-10-01 2010-10-01 false Civil rights assurance. 457.130 Section...
Wiley, Terrence G.
This article briefly reviews the contributions to this volume and revisits the original focus of the Civil Rights Act (CRA). It considers how much progress has been made in addressing the original concerns regarding ethnic and racial discrimination that the act was intended to address and the intersection of language issues with them. The article…
... under title VI (24 CFR parts 1 and 2), section 109 (24 CFR 570.602)), Executive Order 11063 (24 CFR part 107), section 504 (24 CFR part 8), or other applicable law. ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Other civil rights authorities....
Frankenberg, Erica; Siegel-Hawley, Genevieve
The Civil Rights Project (CRP) is in the midst of an analysis of rapidly growing charter school enrollment, which the authors anticipate releasing next month. Similar to trends described in their 2003 report and in other research on racial isolation in charter schools, they find higher levels of segregation for black students in charter schools…
Silvers, Anita; Francis, Leslie
This article explores rights-based approaches to protecting disabled people against inequities in access to health care services. Understanding health care as a human right, as is found in the UN Convention on the Rights of People with Disabilities (CRPD), fails to provide theoretical machinery for responding to certain pressing challenges. An alternative account, understanding health care as a civil right, proves more promising. This latter approach then is applied to the right to health care under the U.S. Affordable Care Act (ACA), which contains provisions that could be antithetical to, and thus fail to comply with, the nondiscrimination standard of meaningful access to health care benefits. PMID:24446937
...'Malley Act or by any other means authorized by law. As delineated in 43 CFR 17.1, 17.8, and 17.9, such... departments, provide for the conduct of consolidated or joint hearings as prescribed in 43 CFR 17.8(e). ... 25 Indians 1 2010-04-01 2010-04-01 false Civil Rights Act violations. 273.42 Section...
... 7 Agriculture 12 2010-01-01 2010-01-01 false Title VIII of the Civil Rights Act of 1968. 1901.203... OF AGRICULTURE PROGRAM REGULATIONS PROGRAM-RELATED INSTRUCTIONS Civil Rights Compliance Requirements § 1901.203 Title VIII of the Civil Rights Act of 1968. FmHA or its successor agency under Public Law...
... 7 Agriculture 12 2010-01-01 2010-01-01 false Civil Rights Compliance Reviews A Exhibit A to... OF AGRICULTURE PROGRAM REGULATIONS PROGRAM-RELATED INSTRUCTIONS Civil Rights Compliance Requirements Pt. 1901, Subpt. E, Exh. A Exhibit A to Subpart E of Part 1901—Civil Rights Compliance Reviews...
This article reviews the impacts of the civil rights policies framed in the 1960s and the anti-civil rights political and legal movements that reversed them. It documents rising segregation by race and poverty. The policy reversals and transformation of U.S. demography require a new civil rights strategy. Vast immigrations, the sinking White…
... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Civil rights/compliance reviewing... MARKETING § 108.21 Civil rights/compliance reviewing office compliance responsibility. The civil rights/compliance reviewing office shall be responsible for determining whether an applicant's actions are...
... 10 Energy 1 2010-01-01 2010-01-01 false Office of Small Business and Civil Rights. 1.37 Section 1... Headquarters Staff Offices § 1.37 Office of Small Business and Civil Rights. The Office of Small Business and Civil Rights— (a) Develops and implements an effective small and disadvantaged business program...
Samar, V J
This essay explores, in two parts, the problems of justifying civil rights legislation for gays, lesbians, and bisexuals. Part I shows that discrimination against gays and lesbians at least in respect to employment, housing, and public accommodations is an evil unsupported by ethical traditions in utilitarianism, rights theory, and communitarianism. It also shows that two theories, Kantian theory and natural law theory, which do support such discrimination on the claim that homoerotic behavior is universally or objectively immoral only do so because of a failure to make precise the concept of "natural" which underlies those theories. Part II argues that anti-discrimination legislation is both an appropriate and effective means to promote the idea that discrimination against lesbians and gays in respect to most employment, housing, and public accommodations is sufficiently injurious to both individuals and society that it should not be tolerated. The section also explains how such legislation might succeed practically in eliminating discrimination in these areas. PMID:7860981
... Agency Information Collection Activities; Comment Request; Mandatory Civil Rights Data Collection AGENCY... Rights Data Collection. OMB Control Number: 1870--NEW. Type of Review: A new information collection... uses data. For school years 2009-10 and 2011-12, the Civil Rights Data Collection (CRDC) was...
Full Text Available This article brings together the United Nations’ International Covenant on Economic, Social and Cultural Rights (ICESCR and John McMurtry’s theory of value. In this perspective, the ICESCR is construed as a prime example of “civil commons,” while McMurtry’s theory of value is proposed as a tool of interpretation of the covenant. In particular, McMurtry’s theory of value is a hermeneutical device capable of highlighting: (a what alternative conception of value systemically operates against the fulfilment of the rights enshrined in the ICESCR; (b the increased relevance of the ICESCR with regard to the current global economic crisis; (c the parameters to determine the degree to which the rights at issue have been realized. Reflections on environmental implications of both the ICESCR and McMurtry’s axiology conclude the article.
Full Text Available
This article brings together the United Nations’ International Covenant on Economic, Social and Cultural Rights (ICESCR and John McMurtry’s theory of value. In this perspective, the ICESCR is construed as a prime example of “civil commons,” while McMurtry’s theory of value is proposed as a tool of interpretation of the covenant. In particular, McMurtry’s theory of value is a hermeneutical device capable of highlighting: (a what alternative conception of value systemically operates against the fulfilment of the rights enshrined in the ICESCR; (b the increased relevance of the ICESCR with regard to the current global economic crisis; (c the parameters to determine the degree to which the rights at issue have been realized. Reflections on environmental implications of both the ICESCR and McMurtry’s axiology conclude the article.
This thesis is devoted to the roles and contributions of black women in the Civil Right Movement against racial discriminations in the U.S.A in 1960 s. The conclusion comes from three aspects of the black women’s involving the Civil Right Movement.
This thesis is devoted to the roles and contributions of black women in the Civil Right Movement against racial discriminations in the U.S.A in 1960s. The conclusion comes from three aspects of the black women’s involving the Civil Right Movement.
... 29 Labor 4 2010-07-01 2010-07-01 false Right to file a civil action. 1614.310 Section 1614.310... EQUAL EMPLOYMENT OPPORTUNITY Related Processes § 1614.310 Right to file a civil action. An individual who has a complaint processed pursuant to 5 CFR part 1201, subpart E or this subpart is authorized...
Kauffman, James M.; Landrum, Timothy J.
The civil rights movements involving skin tone, gender or gender orientation, disability, and other physiognomic features remain important in securing the legal rights of individuals to equal treatment and equal opportunities regardless of their personal characteristics of color, origin, gender, and so on. Unfortunately, these welcome civil rights…
Office for Civil Rights, US Department of Education, 2009
This paper is the Office for Civil Rights's (OCR's) "Annual Report to Congress" for fiscal years 2007 and 2008. This report details OCR's accomplishments in enforcing the civil rights laws under which OCR has been granted jurisdiction to address and remedy discrimination. These enforcement efforts include complaint investigation and resolution,…
Russell, Caskey; Rios, Francisco; Zamudio, Margaret; Bridgeman, Jacquelyn
This article explores the work and findings of the Praxis Project: a group of university educators who worked with elementary and secondary school teachers in a professional development setting to reinvigorate their civil rights pedagogy. The Praxis group created a "Six Category Model for Teaching Civil Rights" and used that model as a foundation…
Civil Rights Project / Proyecto Derechos Civiles, 2010
The Civil Rights Project (CRP) was founded, in part, to bring rigorous social science inquiry to bear on the most pressing civil rights issues. On-going trends involving public school segregation have been a primary focus of the CRP's research, and the expanding policy emphasis on school choice prompted analysis of the much smaller--but…
It has been said that pragmatism's "merely instrumental" truths fail to motivate radical change whereas absolute ideals make excellent guiding and driving forces for justice. However, in "Radical Equations: Math Literacy and Civil Rights," Robert Moses speaks of the radical success of pragmatic principles, used in the Civil Rights Movement, that…
US Department of Education, 2009
This report details the U.S. Department of Education Office for Civil Rights' (OCRs') accomplishments in enforcing the civil rights laws under which OCR has been granted jurisdiction to address and remedy discrimination. These enforcement efforts include complaint investigation and resolution, compliance reviews and technical assistance, as well…
Epstein, Richard A.
In January, 2014, the Civil Rights Division of the Department of Justice (DOJ) and the Office for Civil Rights in the Department of Education (ED) issued a joint "Dear Colleague Letter" to K-12 schools. The topic discussed in their joint letter is whether administrators are punishing minority children more harshly than white children for…
Hale, Jon N.
This article examines the history of the 1964 Mississippi Freedom Schools to illustrate how integrating the Civil Rights Movement into the social studies curriculum refocuses the aims of American education on participatory democracy. Teaching the Civil Rights Movement and employing the teaching strategies used in the Freedom Schools leads to the…
The new Civil Code introduces several important changes and clarifications regarding the ownership right in general, and the private ownership right, in particular, so that it becomes necessary, for both the analyst in law and the practitioner, to make a comparison between the old regulation contained in the Civil Code of 1864 and the current regulation provided by the new Civil Code. At least in theory, the new legal framework in this area shows greater consistency and legal precision, altho...
From the text of art. 1837, art. 1844 and art. 1895 Civil Code, we get the idea that the acquisitive prescription is applied to the property right. Other regulations (1846 Civil Code , art. 623 and 624 Civil Code ), but, I complete that, by supporting the conclusion of the judicial doctrine and practice, namely not only the property right, but also the other main real rights – usufruct, use, occupancy, servitude and superficies – may be gained by means of the short or long term acquisitive pr...
Nilsen, Alleen Pace
Drawing attention to widespread instances of discourteous speech and hate discourse that permeate US and world culture, Alleen Pace Nilsen maintains that our imperative as educators is to teach "students the benefits of being civil to each other." She proposes some avenues for enriching students' understanding of the power of civil language.
.... 2. 3. State Director. (7 U.S.C. 1989; 42 U.S.C. 1480; 7 CFR 2.23; 7 CFR 2.70) ... 7 Agriculture 12 2010-01-01 2010-01-01 false Summary Report of Civil Rights Compliance Reviews B... AGENCY, DEPARTMENT OF AGRICULTURE PROGRAM REGULATIONS PROGRAM-RELATED INSTRUCTIONS Civil...
This contribution examines our age from the point of view of 'safeguarding' civil rights. The author discusses the concept of privacy and the conditions in industrial establishments which, in this context, are described as areas where the validity of civil rights is interrupted or diluted, and shows that the number of spheres of life where civil rights loose in validity are increasing, as e.g. research centres, and power generating industrial plants. The current concept of risk acceptance and security is discussed as well as the possibility and necessity to safeguard civil rights. The author concludes that security in the social meaning cannot be achieved by establishing a more or less rigid surveillance system. (orig./HSCH)
In this article I make the case that urban science education is a civil rights issue and that to effectively address it as such we must shift from arguments for civil rights as shared physical space in schools to demands for high-quality academic preparation that includes the opportunity to learn science. The argument is organized into two sections: first, a review of the school desegregation literature to make the case that urban science education for all is a civil rights issue; and second, an examination and critique of opportunity-to-learn literature, including an analysis of three opportunity-to-learn constructs to illustrate their potential as civil rights tools in science education.
Saucedo, Leticia M.
"After Civil Rights: Racial Realism in the New American Workplace." John Skrentny. Princeton University Press. December 2013. --- What role should racial difference play in the American workplace? In After Civil Rights, John D. Skrentny contends that after decades of mass immigration, many employers and advocates have adopted a new strategy to manage race and work. Skrentny argues that in today’s workplace, employers routinely practice “racial realism,” where they see racial diversity as a wa...
Carolina Villadiego Burbano
The article proposes the hypothesis that orality is a central element of due process in civil justice, which is derived from the “right to a hearing” contained in Article 8.1 of the American Convention on Human Rights. This hypothesis is based on four arguments: a) the need to ensure the principle of immediacy in the civil process, b) recognition of the right of hearing as part of due process in other international human rights instruments, c) some pronouncements from agencies and institution...
In response to increasing public awareness of human trafficking in the United States, the Victims of Trafficking and Violence Protection Act (TVPA) was signed into law by President Bill Clinton in October of 2000. The TVPA consolidated existing legislation to create a comprehensive civil remedy; this ensures that trafficking victims are no longer forced to seek redress under multiple criminal and civil statutes that target only components of the human trafficking offense. However, despite its...
Schmidt, Sandra J.
Same-sex marriage is part of a global civil rights struggle for LGBQ rights. How this movement is framed, advanced, and critiqued across the globe can be linked to how young people in schools are prepared to deliberate social issues in the political sphere. This article examines national history books as cultural artifacts that present what is…
In this presentation I attempt to single out recent trends in the law of nationality of European civil law countries, with a particular focus on the right to a nationality and the impact of fundamental rights (in particular the prohibition of discrimination between women and men) on nationality law.
Bailey, Robert W.; Cruz, Bárbara C.
In this article, the authors explore the timely and sometimes controversial topic of gay civil rights and how the attendant issues might be taught in the social studies classroom. Many teachers shy away from teaching students about gay rights issues for a variety of reasons including personal beliefs, a lack of instructional time as a result of…
Henn, Edward M.; Pell, Sarah W. J.
The United States Supreme Court, in an employment practices case, apparently moved away from protecting the individual's rights against discrimination. However, the case focused on the theory of disparate impact, not disparate treatment, and hardly signals the end of civil rights. Suggests a review of school district employment practices and…
... Rights (OCR) has enforcement responsibilities under several civil rights laws, including Title VI, Title... these responsibilities, OCR collects assurances of compliance from applicants for Federal financial..., as stated in the Summary above, OCR and the U.S. Department of Justice can use the signed...
This article examines the role that the common law has played in Human Rights Act 1998 case law on the protection of 'civil rights' within the meaning of Article 6 ECHR. Focusing on Article 6 ECHR's 'disclosure' and 'full jurisdiction' requirements, it highlights an increasingly nuanced relationship between the ECHR and common law in cases under and outside the Human Rights Act 1998. Although the general pattern within the case law has been one of domestic court fidelity to the ECHR - somethi...
Bayar, Adem; Kerns, James H.
Due to the value of personal rights and freedoms, along with the associated questions and continuing problems, the issue of "civil rights" continues to be relevant in the twenty-first century. In the United States, the civil rights of disenfranchised people are adversely affected by various social, regional, and federal policies.…
Morten Kjaerum, Gabriel N. Toggenburg
Full Text Available The European Union Agency for Fundamental Rights (FRA, the EU body responsible for advising EU institutions on fundamental rights, is equipped with a Fundamental Rights Platform (FRP to ensure an on-going and structured exchange of information and feedback between the FRA and Civil Society. When the FRA was founded in 2007, there was little pre-existing knowledge on how to design such a Platform; hence, the development of the relationship between the FRA and Civil Society over the first five years proved an interesting experiment. Although the Platform was never intended as a mechanism of democratic co-decision making, it is far more than a loose marketplace where Civil Society actors across the spectrum of fundamental rights themes gather. The Platform offers channels of consultation and exchange not only among the participants but also with the FRA. It allows for cross-pollination, ensuring informed grassroots input into FRA work and FRA expertise flow to Civil Society actors. This synergetic relationship builds upon both the self-organising forces of Civil Society and the terms of references of the FRP as defined by the FRA. The Platform allows to find a certain unity in the remarkable diversity of fundamental rights voices. To what degree, however, the Platform’s dynamics allow the transformation of sometimes ‘compartmentalised’ single human rights discussions into wider trans-sectoral and transnational debates within the Human Rights Community depends on the motivation and the interest(s of the different Civil Society players.
McGraw, Marvin A.
A discussion by the Assistant to the Director, Office of Revenue Sharing, U.S. Treasury Department, of the four part approach of that agency to extending the ability of the federal government to combat discrimination in the state and local sector; human rights workers should focus on the monetary and economic impact these funds have on the…
A. Ruggeri; B. Burgoon
The aim of this PEPS Letter is to clarify the effects of human rights "Naming and Shaming" by international actors, such as IOs, NGOs and the international media, on the intensity of violence in domestic conflict. The note carries out, evaluates and proposes empirical strategies to study such effect
London, Leslie; Schneider, Helen
While neoliberal globalisation is associated with increasing inequalities, global integration has simultaneously strengthened the dissemination of human rights discourse across the world. This paper explores the seeming contradiction that globalisation is conceived as disempowering nations states' ability to act in their population's interests, yet implementation of human rights obligations requires effective states to deliver socio-economic entitlements, such as health. Central to the actions required of the state to build a health system based on a human rights approach is the notion of accountability. Two case studies are used to explore the constraints on states meeting their human rights obligations regarding health, the first drawing on data from interviews with parliamentarians responsible for health in East and Southern Africa, and the second reflecting on the response to the HIV/AIDS epidemic in South Africa. The case studies illustrate the importance of a human rights paradigm in strengthening parliamentary oversight over the executive in ways that prioritise pro-poor protections and in increasing leverage for resources for the health sector within parliamentary processes. Further, a rights framework creates the space for civil society action to engage with the legislature to hold public officials accountable and confirms the importance of rights as enabling civil society mobilization, reinforcing community agency to advance health rights for poor communities. In this context, critical assessment of state incapacity to meet claims to health rights raises questions as to the diffusion of accountability rife under modern international aid systems. Such diffusion of accountability opens the door to 'cunning' states to deflect rights claims of their populations. We argue that human rights, as both a normative framework for legal challenges and as a means to create room for active civil society engagement provide a means to contest both the real and the
The main aim of this project was to increase our understanding of adolescents’ support for civil liberties and minority rights. Within democratic societies, this topic is of great importance. To ensure that all citizens can participate and to sustain democratic involvement, modern, liberal democracies guarantee all their citizens’ specific rights, such as freedom of speech and association. As a consequence, individuals have to be able to deal with diversity of beliefs, opinions and lifestyles...
Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part V--Outdoor Pursuits as an Extracurricular Alternative for Addressing Office of Civil Rights Guidance
Davis, Timothy D.; Felix, Manny
The Office of Civil Rights (OCR) recently clarified that schools are required to provide students with disabilities (SWD) equal opportunities to participate in extracurricular activities (U.S. Department of Education [USDE] Office for Civil Rights, 2013). Schools have flexibility to design and expand extracurricular opportunities based on existing…
Unnithan, Maya; Heitmeyer, Carolyn
Rights-based approaches have become prevalent in development rhetoric and programmes in countries such as India, yet little is known about their impact on development practice on the ground. There is limited understanding of how rights work is carried out in India, a country that has a long history of indigenous rights discourse and a strong tradition of civil society activism on rights issues. In this article, we examine the multiple ways in which members of civil society organizations (CSOs...
... Department of Health and Human Services, Chapter AT, Office for Civil Rights (OCR), as last amended at 69 FR... Improvement Act (PSQIA) patient safety protections, the Director provides leadership, priorities, guidance and... Deputy Director for Enforcement and Regional Operations include: (1) Providing leadership,...
This article describes second graders in a predominantly white suburban school who were assigned to ask their grandparents to write about their experiences during the Civil Rights Movement. The letters bring surprising wisdom--and some thought-provoking issues--to the classroom. The author found that the power of the primary source documents…
Buchanan, Lisa Brown
This article describes how elementary preservice teachers used four documentary films to think historically about the United States Civil Rights Movement. The author situates the descriptive case study within research about historical thinking and documentary film, identifying the need for using documentary film to think historically in the…
Foster, Janet E.; Root, Tonja L.; Lee, Seungyoun
Considering the importance of the Civil Rights Movement, children need to be introduced to the related concepts early in their school experiences, and teachers need to consider students' developmental needs and curriculum standards in order to provide appropriate content and methods of instruction. The purpose of this article is to introduce a…
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Exemption of Civil Rights Division Systems. 16.90 Section 16.90 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF... identity of confidential sources, and result in an unwarranted invasion of the privacy of...
Mills, Shirley J.
This article profiles Marian Wright Edelman, a crusader for civil and children's rights. She was born June 6, 1939, at a time when prejudice and segregation were the norm. The Wright family lived in a small, southern town of Bennetsville, South Carolina, where Marian was the youngest of five children. Her father, the Reverend Arthur Jerome Wright,…
As a young child, Barack Obama learned about the civil rights movement from his mother. Obama's mother strove to instill in her multiracial son pride in being more than just literally African American. There is much to learn from Obama's history, understood both as the story of his life and as what Obama himself has said about his past and the…
Analyzes three landmark Supreme Court cases in which the value of literacy and the reality of racial discrimination were contested. Concludes that there is an ideology in which the economy of literacy is regarded as white property and argues that these court decisions have stalled the civil rights movement. (Contains 59 references.) (SK)
General Accounting Office, Washington, DC. General Government Div.
This report reviews the following aspects of the United States Commission on Civil Rights from 1978 through 1985: (1) employment trends; (2) hiring and use of consultant, temporary, and Schedule C employees; (3) referrals from state employment service offices; (4) affirmative action; (5) awards and promotions; (6) commissioners' and special…
McGowan, Angela K; Lee, Mary M; Meneses, Cristina M; Perkins, Jane; Youdelman, Mara
To improve health in the twenty-first century, to promote both access to and quality of health care services and delivery, and to address significant health disparities, legal and policy approaches, specifically those focused on civil rights, could be used more intentionally and strategically. This review describes how civil rights laws, and their implementation and enforcement, help to encourage health in the United States, and it provides examples for peers around the world. The review uses a broad lens to define health for both classes of individuals and their communities-places where people live, learn, work, and play. Suggestions are offered for improving health and equity broadly, especially within societal groups and marginalized populations. These recommendations include multisectorial approaches that focus on the social determinants of health. PMID:26789383
Hanneke van Eijken; Sybe de Vries; Marie-Pierre Granger; Orsolya Salát; Uwe Puetter; Clara I. Velasco Rico
The UU team, Dr. Hanneke van Eijken and Professor Sybe de Vries, in coordination with the CEU research group (Dr. Marie-Pierre Granger and Dr. Orsolya Salát), has prepared a synthetic report, which provides a critical overview of the civil rights of EU citizens and third-country nationals in selected Member States (Belgium, the Czech Republic, Denmark, France, Germany, Hungary, Italy, Spain, the Netherlands and the United Kingdom and Ireland). The analysis carried out for ...
Kousser, J. Morgan
Stanford University economic historian Gavin Wright's clear, accessible, and deeply researched book argues persuasively, first, that it was civil rights laws and federal court decisions from Brown v. Board of Education (1954) on that substantially enhanced the economic well-being of southern blacks after 1960. These improvements in black status, he demonstrates with both statistical evidence and qualitative case studies, would not have come about through the operation of mar...
... 29 Labor 4 2010-07-01 2010-07-01 false Terms defined in title VII of the Civil Rights Act, the... REGULATIONS Definitions § 1601.2 Terms defined in title VII of the Civil Rights Act, the Americans with... in this part shall have the meanings set forth in section 701 of title VII of the Civil Rights Act...
... 29 Labor 4 2010-07-01 2010-07-01 false Relationship to the Equal Pay Act of title VII of the Civil... OPPORTUNITY COMMISSION THE EQUAL PAY ACT § 1620.27 Relationship to the Equal Pay Act of title VII of the Civil Rights Act. (a) In situations where the jurisdictional prerequisites of both the EPA and title VII of...
Sementsov Nikolay Yur’evich
The article dwells on the major United States Supreme court decisions that influenced African Americans’ civil rights progress in 1945-1952. These decisions referred racial segregation in transportation, education, housing and the election system. The Supreme Court reconsidered the federal power in civil rights protection against violations by states, local authorities and private persons. The issue is studied with a brief regard of previous court practice. The study concludes that a signific...
The system of direct provision for asylum seekers will be 14 years in operation on 10 April 2014. I contend that the system of direct provision violates a number of rights specifically protected under the International Covenant on Civil and Political Rights (ICCPR): in particular, the prohibition of inhuman and degrading treatment, protection of the right to private and family life, and the right to equal treatment under law.
In a 4-3 opinion issued on April 11, the Supreme Judicial Court of the Commonwealth of Massachusetts affirmed a lower court order preventing anti-choice activists from blocking access to a facility providing abortion counseling or services. Granted under the Massachusetts Civil Rights Act, the injunction also prohibits using force against anyone entering, leaving, or working at such a location (see RFN II/22). Several health care providers and pro-choice organizations obtained a preliminary injunction in 1989 against trespassing or blockading at specific clinics. The following year, the Commonwealth of Massachusetts intervened in the case and was granted a similar statewide order by Superior Court Judge Peter Lauriat. Upholding application of the civil rights statute in this context, the Massachusetts Supreme Judicial Court found that the trial court "properly concluded that the defendants' conduct constituted threats, intimidation, and coercion" of women seeking to exercise their constitutional right to choose abortion. Moreover, the state High Court held that the trial court "did not abuse its discretion in denying disclosure of the identities of the women affected by the defendants' conduct." Anti-choice activists had claimed they needed to question patients to show that blockades--not threats, intimidation, or coercion--caused them to delay their abortion procedures. Congratulations to John Henn of Foley, Hoag and Eliot of Boston, who represented plaintiffs in Planned Parenthood League of Massachusetts v. Blake. CRLP's Janet Benshoof, Catherine Albisa, and Priscilla Smith filed an amicus brief in the case (see RFN II/22). PMID:12318701
Petrović Nikola M.
Full Text Available Treatment of persons with psychological difficulties varied in different historical periods, but in its essence remained similar until today. It included an inhumane relationship towards these persons, involuntary treatment through torture, and isolation from society as a kind of punishment for their diversity. It was not until the late 19th century that the relationship of society towards these individuals started to improve gradually, but in the 21st century isolation of these individuals still remained the dominant form of acceptable social solution for the “problem”, with a somewhat more humane attitude towards them and less cruel treatment. Serbia has followed the trends of treatment of the persons with psychological difficulties from the rest of Europe for centuries, but is still lagging behind the world in the introduction of new methods of treatment. Indeed the first legal solution to regulate the human rights of these people is currently in the process of implementation. The subject of this paper is the treatment of persons with psychological difficulties and the violation of their civil rights. In a subject specific context the goal of the analysis was the historical review of the treatment towards persons with psychological difficulties by doctors, other practicioners and the community in general, with reference to the current situation regarding their treatment within the psychiatric institutions, as well as the legal regulations and the protection of their civil rights.
Glenn T. Eskew
Full Text Available The watershed election in 2008 of Barack Obama as the first President of the United States to have African ancestry resulted from the life work of such civil rights activists as U.S. Congressman John Lewis. Born on a sharecropper’s farm in 1940, the African American Lewis grew up in segregated Alabama. As a college student in Nashville, he joined the sit-in protests and volunteered for the original Freedom Ride in 1961. He was elected chairman of the Student Nonviolent Coordinating Committee, becoming the youngest speaker at the March on Washington in 1963. The radical shift to Black ultimately forced Lewis out of SNCC. Consequently Lewis capitalized on the Voting Rights Act of 1965, turned his attentions to voter registration campaigns, and continued working within the system. In 1986 he won election to the U.S. House of Representatives to represent Atlanta’s Fifth Congressional District, a seat he continues to hold today.
Full Text Available Today, the intellectual property protection is no longer an absolute social and legal that justifies adoption of any measures necessary to protect it. Initially seen as the prerequisite for sustainable development, implementation of new technologies, and encouragement of international trade, the intellectual property, especially prior to ACTA (Anti-Counterfeiting Trade Agreement international trial implementation, and also thereafter, was increasingly identified as a source of violation of fundamental rights and civil liberties, i.e. the right to protection of personal data, the right to privacy, freedom to send and receive information freedom of information, freedom to contract, and freedom to carry out economic activities (freedom of commerce. As far as international trade transactions have often a component of intellectual property that requires to be protected, it is necessary to identify the landmarks, the rules establishing de facto limits in order to protect the intellectual property without risk of infringement of fundamental rights and civil liberties of other persons, in particular users or potential users of goods and services incorporating intellectual property. The best guidelines in this regard may be provided by the CJEU (Court of Justice of the European Union case-law both due to its reasoning underlying the decision of the Parliament to reject ACTA ratification and the fact that the case-law of this Court, especially the most recent one, is highly complex and nuanced, not denying in any way the importance of intellectual property, and identifying certain cases where their primacy persist and whose analysis leads to laying down some general rules in the field.
Levesque, Roger J R
The civil rights movement fostered dramatic shifts in legal responses to discrimination based on race, gender, and a host of other group characteristics. The legal system now evinces yet another dramatic shift, as it moves from considering difference to focusing on neutrality, from efforts that seek to counter subjugation to those that adopt a "color-blind" approach. The shifting approach already has reached laws regulating responses to the group that spurred massive civil rights reform: minority youth. The shift requires a different body of empirical evidence to address it and a new look at equality jurisprudence. This article notes the need to turn to the current understanding of prejudice and discrimination for guidance, and uses, as illustration, developmental science to shed light on the development, manifestation, and alleviation of invidious discrimination. Using that understanding, the analysis details how the legal system can benefit from that research and better address discrimination in light of dramatic changes in law. The article articulates the need to address discrimination by recognizing and enlisting the law's inculcative powers through multiple sites of inculcation, ranging from families, schools, health and justice systems to religious and community groups. The discussion concludes with brief suggestions for reform benefiting from understandings of prejudice and its expression. PMID:24826823
In The Color of America Has Changed, Mark Brilliant examines California’s history to illustrate how the civil rights era was a truly nationwide and multiracial phenomenon – one that was shaped and complicated by the presence of not only blacks and whites, but also Mexican Americans, Japanese Americans, and Chinese Americans, among others. Jonathan Bell applauds the author’s deep engagement with an important topic. The Color of America Has Changed: How Racial Diversity Has Shaped Civil Rig...
Mara Yerkes; Cristina Solera; Giulia M. Dotti Sani; Trudie Knijn; Manuela Naldini; Birte Siim; John Gal; Dana Halevy; Marta Ibanez; Ana Rosa Argüelles; Luis Antonio Fernanández Villazón; Josip Sipic
Deliverable 9.4 aims to investigate the relationship between the effects of existing discrepancies between civil, political, social, and economic citizenship rights on the one hand, and obligations of European and non-European citizens as family members moving across borders on the other. The goal of Deliverable 9.4 is to provide insights on national attitudes towards several key themes, including: family and reproductive rights across diverse family forms in Europe, attitudes...
Victor H. Sundquist
Full Text Available The fundamental question of whether or not the Green Movement’s opposition leaders were successful in their attempts to change the political landscape in Iran first lies in understanding the premise behind the organization and secondly recognizing the actual goals of the leadership. Consequently, this article analyzes these questions as a framework for developing a comparative analysis between revolutions and civil rights movements as a means to understand both the intent and outcomes of the Green Movement. From this analysis, lessons learned are put forth as a means to establish a series of recommendations for future Western political engagements with Iran. In doing so, the hope is that a political dialogue will emerge between Western governments that both alleviate the current tensions while also addressing security concerns in the region.
Howard E. McNier
Full Text Available Globalization of business has increasingly involved American attorneys in an ethical dilemma which is not just academic, but may result in disciplinary action against the attorney. What is counsel to do when it is discovered that overseas employment practices (legal in the foreign country violate American law? May counsel, citing current case law, ethically advise management that discharge of a troublesome employee may be effected "legally" by simply transferring the employee overseas, then firing her? These ethical issues can be put in sharp focus by reviewing a provision of the 1991 Civil Rights Act (CRA that extends application of the 1964 CRA to cover American citizens working overseas for American owned or controlled firms. Expansive interpretation of this by the Equal Employment Opportunity Commission (EEOC has ensnarled over 21,000 overseas businesses with the threat of being sued, in the United States, for employment practices committed outside of the United States.
Mirela Costache; Ion Iorga
In this paper we will keep under review the specificity of the reported pre-emption right to the sale contract, according to the article 1730-1740 of the New Civil Code. With the entry into force of the new future regulation, the pre-emption right will acquire a separate status, being currently known that the legal status of the right under the review is diverse; there are many legal provisions which provide this right in various areas, being excedentary to the sale contract, such as culture,...
This paper examines the role of civil society in the process of implementing the general measures of the Convention of the Rights of the Child, as defined in article 4 of the Convention and its General Comment No.5 (2003). While it is established in international law that States parties are the primary duty bearers to promote and protect children's rights, the Committee on the Rights of the Child has also recognized that other actors, including children, have a right and need to be engaged in...
The new Civil Code brings the institute of right abuse as a general clause. This clause, through its structural elements, as good-faith, good-customs and the social and economical aims, will find the responsibility of the agent into compensate another person who has overtook the limits of the law. The right abuse institute, however, goes further one to the civil order and the responsibility institute, coming around another fields of the law as well the institute of civil responsibility, match...
On July 17-18, a delegation from the United States Department of State will meet with the United Nations Human Rights Committee (“HRC”) in Geneva, Switzerland, to discuss the United States’ compliance with the International Covenant on Civil and Political Rights (“ICCPR”). This report draws from the Williams Institute’s empirical research to assess the effects that the United States’ noncompliance has on sexual minorities. The United States is noncompliant with the ICCPR’s antidiscri...
Hunt, Larry L.; Hunt, Janet G.
Concludes that Harry Marx's (1964) inference of a general opiate quality in black religion is incomplete and misleading. Examines data concerning religion and civil rights militancy. Finds that secular social factors (e.g., social class, region, and nonurban origins) are better indicators of militance than is religiosity. (Author/GC)
As of 1978 in San Antonio, Texas, equal employment opportunity remained an unfulfilled promise. The Texas Advisory Committee to the U.S. Commission on Civil Rights studied private sector employment in four industries (banking, hospitals, universities, broadcasting), public employment at four governmental levels (municipal, county, state, federal),…
Kells, Michelle Hall
This article examines what a pedagogy of public rhetoric and community literacy might look like based on an understanding of twentieth century Mexican American civil rights rhetoric. The inductive process of examining archival materials and conducting oral histories informs this discussion on the processes and challenges of gaining civic…
Horsford, Sonya Douglass
The purpose of this article is to extend the growing counternarrative in education research concerning the negative consequences of school desegregation and its implications for urban education, educational leadership, and policy reform in the post-Civil Rights Era. Guided by qualitative and historical research methods, this article presents the…
Arnhold, Robert; Young, Lauren; Lakowski, Terri
Part I of the feature describes the historical path of the Dear Colleague Letter and discusses the specific road to this landmark guidance, what it means, and how the leadership and action of the Office for Civil Rights will pave the way for students with disabilities to participate in sports the same way that Title IX has enabled participation…
Kim, Joon K.
This paper examines the politics of South Korea's multicultural discourse and locates its recent development in the context of a broader analytical discussion about multiculturalism. Utilizing the historical experience of the USA, this paper identifies the three orders of multiculturalism. Up until the civil rights movement of the 1950s and…
Buchanan, Lisa Brown
Historical documentary film usually offers content in a format that students find more engaging than traditional historical texts. In the classroom, documentary film can be positioned within a historical thinking framework to study a broad concept like civil rights while facilitating students' source work and skill development. While social…
Anderson, Carl B.
This textual analysis is a collective case study of K-12 United States History content standards in light of how they represent the historical experiences of African Americans during the Civil Rights Movement. The study uses a multi-perspective critical conceptual framework to evaluate the standards for nine state-level polities on both the…
... VI, Civil Rights Act of 1964. 50.3 Section 50.3 Judicial Administration DEPARTMENT OF JUSTICE... procedural guidance to the responsible department and agency officials in exercising their statutory... opportunity for a hearing, and (4) to complete the other procedural steps outlined in section 602,...
... a forthcoming workshop organized by the Office for Civil Rights (OCR). The meeting will be open to... response to this mandate, OCR is soliciting stakeholder input from experts with practical technical and policy experience to inform the creation of guidance materials. OCR is collecting views regarding...
Background/Context: Although the dominant narrative of the civil rights movement marginalizes the role of black educators, revisionist scholars have shown that a significant number of black teachers encouraged student protest and activism. There has, however, been little analysis of the work of black teachers inside segregated schools in the…
National Council on Disability, Washington, DC.
This paper summarizes a May 2000 conference about advancing the civil and human rights of people with disabilities from diverse cultures. The conference included people with disabilities from diverse cultures and members of national civil rights organizations. The conference identified five priority areas for attention: (1) cultivating leadership…
Becker, Amy B; Scheufele, Dietram A
Objectives. This study examines the factors that shape public acceptance of homosexuality and support for same-sex marriage across age cohorts.Methods. We analyzed data from two national surveys. We constructed hierarchical logistic and hierarchical ordinary least squares regressions for relevant age cohorts in order to test our hypotheses and explore our research questions.Results. Our models suggest that personal contact has a greater impact on the attitudes of younger respondents, positively influencing public acceptance of homosexuality. Alternatively, religious and ideological predispositions have a greater impact on the attitudes of older individuals. When examining public support for gay marriage, we find that younger individuals have higher levels of deliberative engagement with the issue debate, while older individuals rely more heavily on their predispositions when determining issue stance. Interestingly, measures of media exposure are not significantly related to either public acceptance of homosexuality or support for same-sex marriage, suggesting that other factors may have a greater impact on public attitudes at this point in time.Conclusion. The implications of these findings are discussed in light of the emergence of a new political generation and the continuing struggle for gay civil rights. PMID:21919271
N. V. Marchenko
Full Text Available Purpose. Statistical analysis of inventive activity in Ukraine shows that the largest number of applications is submitted by employees of universities and research institutions – almost 60% of all inventions. Practice of inventions execution proves that for researchers, especially for students, the most difficult part of the application and author documents is the claim. The purpose of research is a synthesis and supplying the general principles of quality drafting the patent claim, providing further legal protection of the patent. Methodology. Monitoring and analysis of the world documentary informational flow through the civil protection mechanism of the assignee rights on the basis of the patent claim allows us to compare the world systems of formulas development and summarize some key moments concerning the point in question. The example analysis of the correct patent claim drafting and its interpretation in court cases on intellectual property was made. Findings. The specific properties of the patent claim were described. They are conciseness, latitude, completeness and certainty, compliance with unity requirements and novelty of the invention. On the basis of the research it is established that there is a great difference between Ukrainian and American patent claims. A number of common mistakes and shortcomings during the claim drafting were identified. The need to restore the various forms of the invention training in universities of Ukraine was emphasized, since on this basis one should train a number of specialists who are able to carry out the commercialization of intellectual property results into productive findings. Originality. A number of issues and techniques was investigated and summarized. They can be applied by the courts in interpreting of the patent claim in the processing of intellectual property cases. Especially it concerns determining the correct drafting of the patent claim. Practical value. This work may be used
Changes in security environment after the end of Cold War and 9/11 have strongly affected our security concepts and paradigms. In the field of counter-terrorism, a serious conceptual and practical debate on the relationship between security and human rights and freedoms has begun. The goal of this paper is to reflect on this complex relationship at the conceptual level and introduce the empirical debate on this relationship in the field of civil aviation (case of introducing body scanners). T...
History and civil rights are intertwined at the Tuskegee Airmen National Historic Site at Moton Field in Tuskegee, Alabama. Moton Field was a training flight facility for African American pilot candidates in the U.S. Army Air Corps during World War II, operating from 1941–45. Through the extant buildings and interpretive exhibits, the National Park Service commemorates the Tuskegee Airmen’s contributions to World War II, recognizing the first African American military aviators and their strug...
Witvliet, Margot I; Stronks, Karien; Kunst, Anton E; Mahapatra, Tanmay; Arah, Onyebuchi A
Responsiveness is a dimension of health system functioning and might be dependent upon contextual factors related to politics. Given this, we performed cross-national comparisons with the aim of investigating: 1) the associations of political factors with patients' reports of health system responsiveness and 2) the extent to which health input and output might explain these associations. World Health Survey data were analyzed for 44 countries (n = 103 541). Main outcomes included, respectively, 8 and 7 responsiveness domains for inpatient and outpatient care. Linear multilevel regressions were used to assess the associations of politics (namely, civil liberties and political rights), socioeconomic development, health system input, and health system output (measured by maternal mortality) with responsiveness domains, adjusted for demographic factors. Political rights showed positive associations with dignity (regression coefficient = 0.086 [standard error = 0.039]), quality (0.092 [0.049]), and support (0.113 [0.048]) for inpatient care and with dignity (0.075 [0.040]), confidentiality (0.089 [0.043]), and quality (0.124 [0.053]) for outpatient care. Positive associations were observed for civil liberties as well. Health system input and output reduced observed associations. Results tentatively suggest that strengthening political rights and, to a certain extent, civil liberties might improve health system responsiveness, in part through their effect on health system input and output. PMID:26002910
Substantive structural elements of the civil legal status of the fund for building financing under the housing capital construction contract are examining. Proposed developments in civil legal safeguards of supervising and procedure and on-site construction supervision function using the escrow account mechanism aims to provide a social value of the civil right of an investor in housing construction under the fund for building financing in Ukraine.
Full Text Available The analysis of approaches to understanding of jural facts is accomplished in the article. The definition of right depriving jural facts in civil law is brought. It’s researched the classical for Roman-Germany legal system reasons for deprivation of right of property and the concrete actions or events that deprive such a right are analyzed. All examined facts of property rights deprivation could be classified and arranged into four basic groups: cessation of the property existance (destruction of property, cessation of the owner existance (death of a natural person, liquidation of the legal entity, transaction on alienation (alienation of the property by the owner, requisition, administrative act (abandonement of the property by the owner, foreclosure on the property for the owner obligations, seizure. Such deprivation of property rights as termination of the right to property, which can not belong to the person, and the compulsory acquisition may occur through jural facts like seizure or administrative act. In the case of requisition termination of right takes place directly at the moment the relevant administrative act comes into force. In other words only destruction of property, death of a natural person or legal entity liquidation can be regarded totally as depriving jural facts. All jural facts of right of property deprivation can be grouped but can not be reduced to basic groups. The law model must determine the circumstances under which the model will lead to the desired legal result, otherwise the legal facts were too extensive and could take place even in undesirable cases. In this context these circumstances are conditions of jural fact o occurence. That is why, for example, "termination of the right to property, which can not belong to the person" is only a general name of right-depriving jural fact or even a specific mechanism of depriving the right itself, and therefore includes in its content as well as the actual jural fact and
@@ According to the spirit of strengthening the protection of human rights in the whole world that promoted by the Charter of the United Nations and Universal Declaration of Human Rights, UN General Assembly Meeting passed two international covenants on human rights in December 1966.
Kossowska, Małgorzata; Trejtowicz, Mariusz; de Lemus, Soledad; Bukowski, Marcin; Van Hiel, Alain; Goodwin, Robin
The present study tested the role of right-wing authoritarianism (RWA), terrorist threat, and sociopolitical 'climate' as predictors of support for governmental anti-terrorism policies and actions. Two dimensions of analysis were defined: the presence versus absence of al-Qaeda attacks, and adherence to surveillance versus anti-surveillance mainstream politics. In order to study the influence of these two contextual dimensions on the expression of attitudes, we selected four European countries that fall into these two dimensions--Poland, Belgium, Spain, and the UK. Results from our study provide support for the contention that attitudes towards restrictions of civil rights are related to RWA independently of the cultural context. Moreover, in the UK sample, we found that the threat of terrorism increases acceptance of limitations of civil liberties, but only among people who hold authoritarian beliefs. However, in Spain, the other country that experienced terrorist attacks, this moderation effect was not found which is interpreted in terms of differences in the sociopolitical climate in both countries. As predicted, we did not find such moderation effect in countries in which threat is relatively low (Poland and Belgium). The results are discussed with reference to the conceptual framework based on the importance of fear experiences, security-focused policies, as well as the specific cultural context in the study of reaction to terrorist threat. PMID:21492144
More than in the past, patients are consulting lawyers to check medical treatment for malpractice. One of 10,000 city-inhabitants institutes proceedings for compensations. In the past, a charge was brought at the same time to achieve examination of patients records and to obtain an expert opinion at government expenses. Due to recent jurisdiction, the patient got the right to examine treatment records without the necessity to specify his reasons. Settlement institutions of the society of physicians of Germany facilitate an examination of a treatment procedure for mistakes without costs. Therefore, there is no more incentive for a charge to achieve compensations. The continuation of civil proceedings may not depend on the result of the investigation proceedings due to the different kind of evidence. The special duties of civil courts working with medical liability and expert opinions seem to show that civil proceedings are suited the best to clarify a dispute between physicians and patients. This also avoids to pillories the physician. PMID:9885177
Examines the law of special educational needs in the United States and England, focusing on local authorities' power to determine provision levels. American courts have closely linked education and equality; constitutional law concentrates on the child's legal rights. The English system does not recognize a right to education or equal access to…
声音权作为一种新出现的人格权类型，已被很多国家确立为一项独立的权利。对声音权进行法律保护，在维护人的自由和尊严方面，具有重要意义，但我国立法尚未确立该项权利。本文首先探讨了声音权的概念和法律特征。其次，从学理角度分析声音权的三大构成要素：主体、客体、内容。最后，提出构建我国声音权保护制度的设想。%Sound right as an emerging type of personality rights, it has been established in many countries as an independent right. Right sound legal protection, in the preservation of human freedom and dignity, it is important, but our legislation has not been established that right. This paper discusses the concept and legal characteristics of the sound right. Secondly, from a theoretical point of view the three sound right to constituent elements:subject, object, content. Finally, the right to build our sound protection system envisaged.
Full Text Available History and civil rights are intertwined at the Tuskegee Airmen National Historic Site at Moton Field in Tuskegee, Alabama. Moton Field was a training flight facility for African American pilot candidates in the U.S. Army Air Corps during World War II, operating from 1941–45. Through the extant buildings and interpretive exhibits, the National Park Service commemorates the Tuskegee Airmen’s contributions to World War II, recognizing the first African American military aviators and their struggle for civil rights during the 1940s. This essay examines the way in which race, personal narratives, historical objects, and sensorial experience (sight, sound, touch, and smell are used at the historic site to suggest the significance of the Tuskegee Airmen. Despite the segregation and racism that they experienced in the U.S. military, the African American pilots and the men and women who worked alongside them believed staunchly in the idea of service to the nation as a means of participating in democracy and gaining full citizenship.
This article seeks to examine and consider- albeit in outline – the nature of an individual’s rights, responsibility and obligation to obey valid law. The fundamental question in this regard lies in the extent to which citizens should be coerced into obedience to unjust laws´ for example; if the law in question deprives them of their human rights. The study therefore, attempts to answer the following questions on the chosen subject: Are there an absolute right, responsibility and obligation t...
Inna Vitalyevna BLAZOMIRSKAYA
The paper considered miscarriage of justice, i.e. an adjudi-cation being wrong judgment in effect containing either denial of defense within the actual (scope of) right(s) or defending the unlisted right for, for instance, while an in-nocent convict or an acquitted criminal. The dominant fea-tures of miscarriage of justice are the following: 1) A mis-carriage of justice appeared at the final adjudication; 2) A miscarriage of justice was presumed; 3) An agent commis-sioned to operate by a spec...
Civil disobedience is often seen as a political statement whilst conscientious objection is understood as a private matter. This article discusses real-life acts of disobedience in the case law of the European Court of Human Rights. The emphasis is on the argumentative strategies by which the potential for profound social change can be neutralised in legal argumentation. The cases discussed here concentrate on Turkey and represent acts of conscientious objection and civil disobedience. The ma...
Full Text Available The ethics of publicity in social sciences may highlight the dark part of parliamentary debates. They do not only aim to explain the stakes of the future law, but can also help, because they make use of the publicity around what is said, to heighten the “unspoken”. Indeed, the analysis of the congregational debates held to adopt the Civil Rights Act of 1964 brings to light the strategy of the southern Senators opposed to a draft law yet introduced by members of their own political party, the Democratic Party. They rely on a range of political, legal or media-centered arguments to show that de jure equality, although enshrined in the amended American Constitution, must not necessarily become de facto equality. In other words, this paper, combining communicative and civilizational perspectives, is trying to highlight how publicity around the debates can also be used to reinforce the secret surrounding individual interests.
Van de Meerendonk, Bas; Scheepers, Peer
In six national samples (a total of 11,863 respondents) of the Dutch population, aged 16 and over, the denial of equal rights (in housing, inheriting, and adoption) for lesbians and gay men decreased from 1980 and 1985, and remained stable between 1985 and 1993. The denial of equal rights for lesbians and gay men was subscribed to more strongly by social categories that have been exposed to traditional socializing agents and socializing circumstances in which traditional norms prevailed:members of denominations, people who frequently attend church, and older cohorts, especially the ones born before 1948, as well as by those who have presumably not dissociated themselves from these traditional norms, i.e., the lower educated. PMID:15271623
Global market participation of corporations often leads to a conflict of duties: the duty to its customers and shareholder to “do business” vs. the duty to protect the populations affected by these business operations. Today, in a reality where gross human rights violations are not only committed by states and individuals but increasingly by multinational corporations (MNCs) by aiding and abetting the actual perpetrators in the states where MNCs operate, the global recession has aggravated th...
Inna Vitalyevna BLAZOMIRSKAYA
Full Text Available The paper considered miscarriage of justice, i.e. an adjudi-cation being wrong judgment in effect containing either denial of defense within the actual (scope of right(s or defending the unlisted right for, for instance, while an in-nocent convict or an acquitted criminal. The dominant fea-tures of miscarriage of justice are the following: 1 A mis-carriage of justice appeared at the final adjudication; 2 A miscarriage of justice was presumed; 3 An agent commis-sioned to operate by a specific ruling would ascertain and eliminate a miscarriage of justice; 4 A specific way of proving a miscarriage of justice; 5 Actual miscarriage of justice has not been subsequent upon the fault / negli-gence having been let / tolerated / omitted by the judge who passed the final adjudication. Eliminating a miscar-riage of justice by the superior court should be one of three steps required for judicial defense. The first step shall be referring to the court and the hearing of the case by the court of first instance with the final disposition of the case that should be mandatory. The second and third steps shall be eliminating a miscarriage of justice and enforcing the court‟s disposition, – should be secured by the State as the effective remedies of judicial defense, and the party con-cerned may involve these when required.
On the framing of issues of conflicting civil rights under administrative law. The available arsenal of legal instruments for solving conflicts between proprietary titles to land surfaces and mines is more extensive and differentiated and, if properly deployed, more effective than one might at first expect. The control mechanisms become effective either immediately through laws or through administrative or private acts and are based on public or on private law. They range from the sphere of mining rights, operation planning law, the law on the prevention of damage to private persons over to the regulations under mining law on the payment of damages. The constitutionality of the mining regulations examined here is beyond dispute. They comply with the constitutional requirement to frame the issue concerned and afford protection while at the same time providing the required measure of openness and flexibility for conforming to the peculiarities of the mining business and permitting the necessary sensitivity of administrative control for managing this multipolar legal relationship. At the statutory level the regulatory purpose of the mining law in force is thus fulfilled. (orig./HSCH)
Gaines, Robert W., II
As the operational center of the Civil Rights Movement, the Black church fostered community, functioned as an educative space, and promoted collaborative efforts among churches. Similarly, the modern Black church has the opportunity to invest in educating, organizing, and mobilizing people within the church and the local community. By investing in…
Hunter, Iris Renell
This research study examines nine African American women educators during the 1960s Civil Rights Movement in South Carolina. Additionally, the study conducts an analogous study of the lifeworks and contributions of Septima Clark, an African American woman educator who made significant community activist contributions during this period. For its…
Mutius, A. von
The author explains the significance of the Muehlheim-Kaerlich order of the Federal Constitutional Court, of Dec. 12 1979, which represents a landmark of the recent developments in the interpretation of civil rights, which tend to put the protection of civil rights on a procedural basis. The author gives a brief account of the developments, as reflected by Federal Constittuional Court decisions, and them goes into detail on the Muelheim-Kaerlich decision, the statement of facts, the grounds of judgment, the dissenting opinion, and the reaction the decision has met with in the relevant literature. The Court's decision is evaluated in terms of law and with a view to current legal practice. It is shown that protection of civil rights by way of and through administrative procedure is kept within reasonable limits. This order of the Court has by no means revolutionized the law of administrative procedure. It rather contributed to a change of attitude, allowing cautions changes to develop towards administrative rules of procedure which more strongly aim at protecting civil rights.
Thompson, Carolyn J.
Thoughts of college student protests during the late 1960's and early 1970's often ignite memories of demonstrations against the Vietnam War. Stories of college student activism during the these years underplay the Civil Rights focus of African American students that preceded and paralleled the more salient Vietnam War protests. Less attention in…
Topsfield Foundation, Pomfret, CT. Study Circles Resource Center.
This set of discussion guides includes units on "Racism and Race Relations"; "Sexual Harassment"; and "Civil Rights for Gays and Lesbians." Each guide presents a brief introduction to the issue and suggestions for ways to discuss both personal attitudes and public policy. Cases, examples, questions, and a range of views serve as starting points…
Lieberman, Lauren; Lucas, Mark; Jones, Jeffery; Humphreys, Dan; Cody, Ann; Vaughn, Bev; Storms, Tommie
"Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part IV--Sport Groups" provides the the following articles: (1) "Sport Programming Offered by Camp Abilities and the United States Association for Blind Athletes" (Lauren Lieberman and Mark…
Pierce, Anne R
Looking at Egypt before, during and after the Arab Spring, this paper examines the intersection of Christian Copts, the Muslim Brotherhood, the Egyptian army, moderate Muslims and secular groups. In turn, it examines the Obama administration's policies toward Egypt. It discloses the surprising finding that the only consistent aspect of the administration's policy toward Egypt has been outreach to and engagement with the Muslim Brotherhood. At no time before or after the Brotherhood's ascent to prominence in Egyptian politics and society did the administration make support of the Brotherhood conditional. At no time did it use US leverage - given the massive amount of financial and military aid Egypt was depending on, and given the new Egyptian government's desire for prestige in the world community-to pressure the Morsi government to respect human rights, religious liberty and the impartial rule of law. Arguing that American foreign policy at its best is rooted in democratic ideals, this paper asks whether the United States, while respecting that Egyptians must choose their leaders and their political system, could have done more to encourage a positive strategic, moral and political outcome. PMID:24415811
Larry Schaefer's history of civility is a succinct summary of the implicit and evolving definitions of civility over 2500 years of civilization. Beginning with the Romans and the root word "civitas," meaning the rights and duties of citizenship, civility appears in classical literature as integral to the roots of democracy in the context…
As an important human right, the environmental right is manifested in several human rights conventions. It can be found not only in the treaties on civil and political rights, but also in treaties on economic, social and cultural rights. Some civil and political rights prescribed in the international conventions are potentially relevant to the environmental right, which includes right to life, freedom of families and their properties from intervention, right to fair trial, freedom of information. The existence of these fights reveals the indivisible connection between human rights and environment. The realization of human rights relies on proper environment. Good environment can tacilitate the full realization of human rights.%环境权作为一项重要的人权散见于一系列人权公约当中。它分散在与公民权利和政治权利有关的人权公约中，也存在于同经社文权利相关的公约中。在与公民权利和政治权利相关的公约所规定的一些权利中，潜含着环境权或者环境保护的内容。这些权利包括生命权、家庭和财产不受干预权、公正审判权和信息自由权。这些权利的存在，揭示了人权与环境密不可分的联系；人权的实现必须依赖于适当的环境，良好的环境能够让人权得以更加充分地实现。
Cabrera, Nolan L.
HR-4437 passed the Congress in December of 2005, and among its provisions would make felons out of undocumented immigrants. Subsequently, there has been a flurry of federal and local attempts to increase immigration enforcement under the guise that they are leeching resources from more “deserving” Americans. The following is a conversation with UCLA Professors Patricia Gándara and Gary Orfield regarding how the Civil Rights Project (CRP) is looking to focus immigration and education as pres...
Svanhildur Ýr Sigþórsdóttir 1985
The focus of this thesis is to see whether the Courts, judging under the Hague Convention on the Civil Aspects of International Child Abduction, take the Convention on the Rights of the Child into consideration, when deciding upon the return of the child to his or her habitual residence. The Convention on the Rights of the Child has the child’s best interests as a priority. States Parties to the Convention are to take measures, combating the illicit transfer and the non-return of children...
Full Text Available In the present study the regulation of the carrier of the civil servants is considered, especially the stability and continuity – essential elements at the European Union level. Unfortunately, in the Romanian legislation, as well as in the institutional case law, it remains a purely declarative issue. The study is based on a series of recent court decisions. We criticized the abusive use of the expeditious ordinances and the instruments of legislative regulation. This is considered as an abusive practice of the law maker and shows a legislative inability related to the regulation of the public office, especially by not observing the conditions in which a person could be relieved of his office. The conclusion of the study leads to the necessity for the law maker to revise the statute of the civil servant, especially by eliminating the fluctuation determined by the succession of the governing political forces.
In the present study the regulation of the carrier of the civil servants is considered, especially the stability and continuity – essential elements at the European Union level. Unfortunately, in the Romanian legislation, as well as in the institutional case law, it remains a purely declarative issue. The study is based on a series of recent court decisions. We criticized the abusive use of the expeditious ordinances and the instruments of legislative regulation. This is considered as an abus...
This article provides an overview of different types of rights to aid consideration of, and debate about, children and young people's rights in the context of paediatrics and child health. It demonstrates how children's rights may or may not differ from adult rights and the implications for practice. It shows that applying a children's rights framework can be more helpful in pursuing a public child health agenda than in reducing ethical or legal conflicts when interacting with child patients ...
Europe has undergone a “Right turn” in politics over the last three decades, as evidenced by the continued success of radical right parties in Western European countries. Early studies of Western European radical right parties examined country level sociostructural factors for explaining variation in electoral support of radical right parties, but studies left unanswered if the same aggregate level factors are sufficient for explaining different levels of support that radical right parties se...
Lynch, B. J.; Driver, S.
If our scientific community wants to make real progress on the climate change and environmental crisis we must be willing to side with and fight for the oppressed. The national and international communities most ready to act - those hit hardest by the real impact of climate change in their day-to-day lives - need the political leadership of and a living, organic connection with scientists who are prepared to tell the truth and act on the truth of our science. A new generation of scientist-activist leaders and this strategic and mutually beneficial alliance with the oppressed will be necessary to wage an international, intransigent fight to enact and implement the social, political, and economic policies needed to mitigate the damage already done and prevent future environmental and human catastrophe. In the statement BAMN distributed to last year's Fall AGU conference we said, "there will be no shortage of mass struggle in the next period of history." This spring we saw the absolutely awe-inspiring social upheavals in North Africa and the Middle East in the form of waves of mass demonstrations in country after country. Many of those struggles, with demands for real democracy, for jobs and economic opportunities, for improved living conditions, continue to this day. In virtually every instance, these popular and progressive social movements have been led by youth: middle school, high school and college students. In the US and Europe we have seen the spread of student-led struggle around the defense of K-12 public education and on college campuses in defense of various programs, opportunities, and the character of the educational experience. The most dynamic force in these struggles has been the Latina/o, black, other underrepresented minority and immigrant youth who refuse to accept permanent second-class citizenship and a future devoid of hope and opportunity. We will discuss our experience as a youth-led civil rights organization presenting the issues of climate
The specialized literature defines civil action as being: “the legal means used by a person in order to ask the court to recognize its right or to fulfil this right, by ending the obstacles put by another person or through an adequate compensation Irrespective of its definition method, civil action is considered a central institution around which the entire activity of the court of law and of the parties gravitates. Next, we will discuss the requirements for exercising civil action: expressio...
Márcia Regina Pitta Lopes Aquino
Full Text Available The purpose of this study is to analyze the right of action in the Brazilian Civil Suit according to the Federal Constitution. This research highlights the crisis that the State, the Law and the Juridical Science have gone through go mainly after World War II. Proceduralism and substantialism are addressed in regard to their fundamental aspects as well as the existent dilemma between juridical positivism and jusnaturalism. Based on the theories that encompass the “third way”, this work attempts to show the importance of certain procedures for realizing values of constitutional principles that permeate the whole juridical order. It is concluded that the process is not only an instrument but also a dimension of law itself. The right of action as expressed in art. 5, Chapter XXXV of the Federal Constitution is eminently procedural and should be undertood as a right to process.O estudo objetiva a análise do direito de ação no processo civil brasileiro a partir da Constituição Federal. Aponta a crise por que passam Estado, Direito e Ciência Jurídica ,especialmente após a Segunda Guerra Mundial. Procedimentalismo e substancialismo, bem como jusnaturalismo e positivismo jurídico são apresentados em seus pontos fundamentais. Com fundamento em teorias que compõem uma “terceira via”, busca demonstrar a importância dos procedimentos na realização dos valores consubstanciados em princípios constitucionais que se irradiam por todo o ordenamento jurídico. Conclui que o processo não é apenas um instrumento, mas uma dimensão do direito. O direito de ação expresso no artigo 5º , XXXV da Constituição Federal é eminentemente processual e deve ser entendido como direito ao processo.
Augusto Caccia-Bava Junior
Full Text Available Este ensaio parte do reconhecimento de uma conjuntura de crise institucional, para analisar o contexto da formação dos direitos civis dos jovens e suas fragilidades ,com vista a alcançar, por meio dessa reflexão, uma exposição dos aspectos da insegurança urbana presentes na sociedade brasileira. Palavras-chave: Crise institucional. Direitos civis dos jovens. Insegurança urbana. This essay starts with the recognition of a particular political institutional crisis as a base to analyze the development of the youth civil wrights and their gaps in order to reach an exposition of the characteristics of urban insecurity that takes place in Brazilian society. Keywords: Institutional crisis; Youth civil wrigths; Urban insecurity.
我国民法上的发现权制度源于前苏联的科技成果权中的发现权制度，《民法通则》将其纳入知识产权体系是立法错位的遗留问题。发现权在性质上不是知识产权，我国司法实务对发现权的定性实为科学领域的荣誉权。建议以《人格权法》起草为契机，将发现权改造为一种科学领域的荣誉权，纳入人格权体系，对发现的判断标准、发现人的确认、发现权的内容和适用范围作出明确规定。%The rule of discovery right in civil law of China has its origin in the rule of discovery right in the right of scientific and technological achievement system established by the former Soviet Union .It is an unsolved mistake of legislation that the General Principles of Civil Law treats it as an intellectual prop -erty right.Discovery right is not an intellectual property right in nature .The legal practice in China re-gards discovery right as the right of honor in the field of science .It is suggested that the drafting work of Personality Right Law provide an opportunity to transform the discovery right into the right of honor in the field of science , and consolidate it into the system of personality right , and provide a clear regulation in terms of criteria of judging a discovery , determining the discoverer , and the contents and scope of appli-cation of discovery right .
Background/Context: Legal scholars have cited the Fifth Circuit's ruling in Dixon v. Alabama State Board of Education (1961) as the beginning of a revolution for students' rights that ended the in loco parentis relationship between colleges and their students. But little has been written about the students' activism that led to this…
Shipman, B.; Smart, C.C.
In this paper we map briefly some of the arguments around the meaning and significance of the introduction of Civil Partnership in England and Wales, and in this way show how contested these meanings are. We then turn to our empirical data to explore the extent to which these arguments and issues are part of the everyday decision making processes of same sex couples who have decided to register their partnerships or to undergo a commitment ceremony of some kind. In doing this, we were inter...
Kevin Curran; Steven McIntyre; Hugo Meenan; Francis McCloy; Ciaran Heaney
Civil Liberties - the term used for the fundamental liberties and rights of a countries citizen is the right of free speech, thought and action. This is the fundamental building block of a democratic society. This research essay outlines the current measures western governments are taking to ensure our safety and the associated costs to civil and human rights.
Full Text Available Russian police reform is another important step to modernize the country and public administration system. The main purpose of ongoing reforms is to create the modern and efficient law enforcement system, to form a new image of police officer in the XXI century and to change the social role of law enforcement agencies in society. Unfortunately, the results expected by society aren’t achieved. It’s stated that the reform is only at its beginning, many decisions are still to be made and implemented. The main focus is on comprehensive measures aimed at improving the police activities in ensuring the constitutional rights and freedoms of man and citizen and interaction with civil society institutions. Some features and problems of interaction between police and civil society institutions are considered. Statistics is provided. A number of constructive conclusions concerning further progressive development of interaction of police with civil society institutions are made. Despite the significant number of papers devoted to these issues, it’s necessary to note the insufficient elaboration of problems in this area. The reason is the ongoing reforms in Russia in general and police reform in particular, the instability of the current legislation regulating these issues. A lack of a clear concept of the reform, arising from a clear understanding of the police role and functions, is evident. These and other circumstances determine the topicality and practical importance of the research, the necessity of studying the peculiarities of police activities to improve its efficiency. They also indicate the need for scientific and practical recommendations.
The cultural histories of Blacks in the United States and in Southern Africa are parallel in the following ways: (1) the roles of Blacks in the labor force and in politics; (2) the careers of leaders like King, Mandela, and Tutu; (3) organized struggle for rights; and (4) the rise of a Black consciousness. (VM)
The discussion about the law governing the energy sector is of topical interest at present because there have been a number of draft amendments at the national level for a reform of the laws during the past years as well as the approval of a draft for a European Directive for harmonising national regulations in pursuit of a single Market for electricity. The present paper first deals with the development of the basic energy laws up to the present. Then the author examines the constitutionality of the national bills and the compatibility of the draft for the European Directive with the European basic right of freedom to choose a profession, which he previously derives from general legal regulations. He comes to the conclusion that none of the bills presented so far fully comply with the requirements implicit in the basic rights. (orig./HP)
Full Text Available Civil disobedience is often seen as a political statement whilst conscientious objection is understood as a private matter. This article discusses real-life acts of disobedience in the case law of the European Court of Human Rights. The emphasis is on the argumentative strategies by which the potential for profound social change can be neutralised in legal argumentation. The cases discussed here concentrate on Turkey and represent acts of conscientious objection and civil disobedience. The main finding is that in legal argumentation there are two strategies for neutralising the potential for change: first, labelling the disobedient act as a private matter in order to deprive it of its political message, or second, labelling the act as violent, undemocratic behaviour so that it can be disregarded. The article shows that the law is unable, and perhaps unwilling, to fully acknowledge the political claims of disobedience. A menudo se percibe la desobediencia civil como una declaración política, mientras que la objeción de conciencia se entiende como un asunto privado. Este artículo analiza actos de desobediencia de la vida real a través de la jurisprudencia del Tribunal Europeo de Derechos Humanos. Se enfatizan las estrategias argumentativas por las que se puede neutralizar el potencial de cambio social profundo a través de la argumentación jurídica. Los casos analizados aquí se centran en Turquía y representan actos de objeción de conciencia y desobediencia civil. La conclusión principal es que en la argumentación jurídica existen dos estrategias para neutralizar el potencial de cambio: en primer lugar, etiquetar el acto de desobediencia como un asunto privado, para privarlo de su mensaje político, en segundo lugar, etiquetar el acto como un comportamiento violento y no democrático, para que pueda ser ignorado. El artículo demuestra que el derecho es incapaz de, y tal vez reticente a, reconocer totalmente las reivindicaciones pol
Full Text Available El artículo asume una perspectiva de género y de hibridación de disciplinas que alienta la confrontación del derecho privado y del derecho público, para dar cuenta del avance desigual de la ciudadanía en Chile y Argentina, en la década de 1920. En ambos países hubo leyes de ampliación del estatuto jurídico de las mujeres, derivadas de procesos legislativos impulsados tanto por partidos políticos como por movimientos sociales. En ambos casos las reformas fueron expresión de un proceso de cambio social más amplio, de sostenida combatividad del movimiento obrero y de creciente participación de las mujeres en el mercado de trabajo, tanto de las obreras como, más incipientemente, de las profesionales de clase media. En este marco, la reforma civil fue limitada y se hizo simultáneamente con el avance de los derechos sociales y en nombre de una mujer ideal: la madre y la esposa. Congruentemente, se mantuvo el principio de autoridad del varón en el seno de la familia y la exclusión de las mujeres respecto del sufragio.This article offers a perspective of hybridization of disciplines and a gender perspective that thrusts a cross-check of private law and public law to explain the irregular advance of citizenship in Chile and Argentina in the 1920's. In both countries there were laws that extended women's civil status. These laws were part of a legislative process carried out by political parties and social movements. In both cases the reforms expressed a broader process of social change, of rising confrontation of the working class movement and increasing participation of women in the labour market, both working class women and middle class professionals. In this context, the reform was limited and it was carried out simultaneously with the advance of social rights and in the name of an ideal woman: the mother and the wife. Congruently, the principle of authority of the man within family relations and the exclusion of women concerning
Our Constitution to the protection of the family means not only prohibits the State from the family to the implementation of direct infringement, but also requires the State to enact laws to implement the constitutional protection of the family. ＂Marriage Law＂ as the Basic Law to adjust the domestic relationship, the system on the family right to build and perfect has a direct impact on the realization of family right for every citizen. China should draw lessons from the international community diversification of family forms and the concept that children~ interests to maximize, correct gaps in the existing law, Perfect the family support sys- tem, realize the family pension and social security~ complement each other; Expand the connotation of the family, give cohabiting couples equal family rights protection; estabilish artificial reproductive standard, clear the legal status of the artificial reproductive children;perfect the family violence prevention legislation, let family realize the balance and harmony between the private law and public rights autonomy.%宪法对家庭的保护意味着既禁止国家对其实施直接侵害,又要求国家颁布法律以落实宪法精神。《婚姻法》作为规范家庭成员权利义务关系的基本法,其关于家庭的制度构建及完善直接影响着公民家庭权益的实现。我国应借鉴国际社会家庭形式多元化与子女利益最大化之理念,弥补传统法的缺陷,完善家庭扶养制度,实现家庭养老与社会保障的互为补充;拓展家庭的法律内涵,赋予同居伴侣平等的家庭权益保护;健全人工生殖规范,明确人工生殖子女的法律地位;完善家庭暴力的防治立法,让家庭和谐在私法自治与公权干预的最佳平衡间实现。
民事抗诉制度可能影响申诉人或被申诉人的权益,但并非对私权的不当干预。对申诉人或被申诉人权益的影响,可以通过平衡民事抗诉中公权与私权的关系,既要依法适当行使民事抗诉权,追求维护司法公正的价值目标,又要注重维护当事人的权利,努力寻求二者之间的最佳平衡点,实现二者的和谐统一。%Civil protest system may influence the rights and interests of complainants or defendants,but it is not an undue interference to private rights.The influence on the rights and interests of complainants or defendants can be studied through balancing the relationship between public and private rights in civil protest.We should not only exercise the right of civil protest according to the law properly and pursue the value targets of safeguarding judicial justice,but also focus on protecting the rights of the litigants,try to find the best balance between them,and realize their harmony and unity.
Full Text Available The article tries to address the concept of civil society from varied perspectives. From a historical point of view, civil society demands not only the absent domination of state but also liberates individuals from the hegemony of state. The article shows that in Indonesia and Malaysian discourse, masyarakat madani is often used to represent the term of civil society. Using this conception, major values of civil society also share with basic ideas within the Medina Treaty in the history of Islam. These ideas include egalitarianism, human rights protection, participation, law and justice enforcement and pluralism. In this frame, the question on whether or not Islam is compatible with the concept of civil society is clearly answered. Muslims could benefit such a concept to build their awareness of being progressive and adaptive to social changes.
@@ At a time when misunderstand-ings between cultures run rampant, when walls of fear, prejudice and hatred divide the members of the human family, it is urgent to intensify the dialogue between civilizations. Under the new leadership of its Director General lrina Bokova, the United Nations Educational, Scientific and Cultural Organization (UNESCO) declared 2010 as the "Year for the Rapprochement of Cultures." In this context, the concerted reflections and actions of Europe and China can be highly meaningful.
Tax revenue indicates the fundamental relationship between citizens and the nation.The rights of citizens as taxpayers epitomize the state power and civil rights in the field of taxation.From the perspective of the civil rights to examine individual income tax reform in China will give full play to citizens′ orderly participation in government management of public affairs.Thus,citizens and the government will communicate effectively,and the citizens will enjoy their rights.%税收是反映公民与国家根本关系的领域,公民作为纳税人的权利就是国家权力和公民权利在税收领域的一个缩影。从公民权利的视角来审视我国个人所得税改革,有助于充分发挥公民有序参与政府管理公共事物的积极性,从而形成公民与政府间的有效沟通,使得公民权利从法律文本走向现实。
@@ EDITOR'S NOTE: The Ministry of Civil Affairs is a most important Chinese Government organ charged with administering social development and management. The scope of its authority covers social refief, disaster refief, social welfare, charity affairs, development of grassroots democracy and administration over non-governmental organization. Following is a transcript of an interview given by Vice-Minister Dou Yupei of Civil affairs on some aspects of ministry's work.
Ivey, Laurie C
Discusses issues faced by LGBT people, such as a lack of equal civil rights and the need for extra legal and financial protection for families because partners cannot be married. The author notes that, in our society, it is no longer acceptable to be racist, but it is still okay to be homophobic. The many campaigns against gay marriage and efforts in the legislature to prevent change toward equal civil rights and protections are prime examples. In our current political climate, two things are very clear: (a) homophobia is freely tolerated and (b) the times are changing as we inch closer to equal rights every day. We are "righting wrongs and reforming rights." PMID:24684150
Aspects of civil law of importance for the psychiatrist as expert witness are those dealing with disability pensions accident insurance, compensation in civil law and rights of the seriously disabled. The legal basis of each is briefly outlined, and some guidelines given for psychiatric court reports. Some outstanding theoretical and practical problems are mentioned. PMID:1579170
The book contains an up-to-date survey of Danish civil procedure after the profound Danish procedural reforms in 2007. It deals with questions concerning competence and function of Danish courts, commencement and preparation of civil cases, questions of evidence and burden of proof, international...... procedural questions, including relations to the Brussels I Regulation and Denmark's participation in this Regulation via a parallel convention with the EU countries, impact on Danish civil procedure of the convention on human rights, preparation and pronouncement of judgment and verdict, questions of appeal...... scientific activities conducted by the author, partly based on the author's experience as a member, through a number of years, of the Danish Standing Committee on Procedural Law (Retsplejeraadet), which on a continuous basis evaluates the need for civil procedural reforms in Denmark, and finally also based...
As the enforcement of the constitution, criminal Law directly inherited the basic spirit of the constitution. Evolution on value, spirit and concept of the constitution will have a direct impact on the transmutation of the value, spirit and concept of criminal law. The transmutation can be reflected from country rights criminal law to the civil rights criminal law. Regulations about human rights protection and non - public economy in the constitution promote the evolution of country rights criminal law to the civil rights criminal law.%刑法作为宪法的实施法，直接传承着宪法中所蕴涵的基础精神。宪法的价值、精神、理念的嬗变会直接影响到刑法价值、精神及理念的嬗变，这种嬗变可体现为国权刑法向民权刑法的嬗变。宪法关于人权保障的规范和关于非公有制经济的规范直接推动国权刑法向民权刑法的嬗变。
... 34 Education 2 2010-07-01 2010-07-01 false Civil action. 303.424 Section 303.424 Education... Civil action. Any party aggrieved by the findings and decision regarding an administrative complaint has the right to bring a civil action in State or Federal court under section 639(a)(1) of the...
... 34 Education 2 2010-07-01 2010-07-01 false Civil action. 300.516 Section 300.516 Education... DISABILITIES Procedural Safeguards Due Process Procedures for Parents and Children § 300.516 Civil action. (a... aggrieved by the findings and decision under § 300.514(b), has the right to bring a civil action...
Hugh Collins argues that the European Union should develop a civil code to provide uniform rules for contracts, property rights and protection against civil wrongs, thus drawing together the differing national traditions with respect to the detailed regulation of civil society. The benefits of such a code would lie not so much in facilitating cross border trade, but in establishing foundations for a denser network of transnational relations of civil society, which in turn would help to overco...
Full Text Available Resumen: La crisis económica de Argentina en años recientes derivó en la pérdida de legitimidad de las instituciones políticas del país. La medida de suspensión de las libertades y garantías de derechos individuales provocó una desobediencia civil generalizada que llevó a miles de personas a manifestar pacíficamente su repudio al gobierno de Fernando de la Rúa. Este gesto ciudadano espontáneo, desorganizado y voluntario sirvió, entre otras cosas, para formar una autodeterminación primaria directa de la voluntad popular y una autocomprensión del carácter democrático de la sociedad civil. La justificación de la desobediencia se basaba en una cuestión de derechos. Todos los manifestantes afirmaban que tenían derecho a desobedecer porque la desobediencia, en ciertas circunstancias, era un derecho humano. ¿Pero puede ser la desobediencia civil, en un Estado de derecho, un auténtico derecho? ¿En qué circunstancias, en el contexto legal y fuera de los derechos habituales de resistencia como huelga, manifestación, etcétera, se puede desobedecer una norma legal? Abstract: The recent economic crisis in Argentina led to the loss of identity of the country’s political institutions. The measure of the suspension of freedom and of the guarantee of individual rights provoked a generalized civil disobedience which led thousands of people to peacefully demonstrate their repudiation of Fernando de la Rúa’s government. This spontaneous, unorganized and voluntary action by the citizens served, among other things, to form a direct primary self-determination of the will of the people and a self-understanding of the democratic character of civil society. The justification of the disobedience was based on a question of rights. All the demonstrators asserted that they had the right to disobey because disobedience, in certain circumstances, was a human right. However, can civil disobedience, in a constitutional state, be an authentic right
Petersen, Lars Axel
In this paper I will go through a catalogue of examples of contexts in which the term civil identity is currently used, ranging from the formal and technical process of linking a set of administrative and other events to an individual biological person by means of identity cards, fingerprints, iris...... of Israel to Luce Irigaray's Feminist agenda of elaborating gender specific civil identities. My intention is to investigate whether these different employments of 'civil identity' point towards a common, and fairly well defined object field asking questions of contemporary relevance to the...
China issues a white paper on its human rights,highlighting freedom of speech on the Interne The Chinese Government released a white paper on its human rights in 2009 on September 26,highlighting the role of Internet freedom and the country’s efforts in safeguarding citizens’legitimate civil and political rights.
The theory of “civilizing processes” was developed by Norbert Elias in the 1930s to describe and explain the generation of higher standards of various forms of conduct in the context of unplanned but structured changes in state formation and lengthening chains of social interdependencies (Elias 2000). The idea of civilized conduct may seem a strange companion to popular understandings of consumer culture, when the latter phrase is often associated with hedonism, individualism and excess. But ...
It is often claimed, but rarely in further detail, that IP rights create tensions under competition law and thus merit special considerations. While little can be held against the first, the latter is significantly less evidential if it involves a restrictive, or no application, as strong arguments...
隐私权是公民的基本人格权利。计算机信息网络技术的发展使得网络空间的信息隐私权受到严峻挑战。信息隐私权具有不同于普通隐私权的属性并极易受到侵害,国外形成了不同的保护模式,我国应参考不同的立法例并根据我国国情提出适当的信息隐私权保护模式。%Privacy is the basic personal rights.The development of the internet technology has brought serious challenges to the protection of the right of private information on the Internet.The right of information privacy is different from the traditional right of privacy and can be easily offended.The foreign countries have formed the protection modes which we should refer to,thus we should put forward an appropriate mode according to China＇s actual conditions.
Eliminating mental disability as a legal criterion in deprivation of liberty cases: The impact of the Convention on the Rights of Persons With Disabilities on the insanity defense, civil commitment, and competency law.
A number of laws that are associated with deprivations of liberty, including the insanity defense, civil commitment, guardianship of the person and numerous competency doctrines in the criminal context, require proof of mental disability as a predicate. The Convention on the Rights of Persons With Disabilities commands signatory states to eliminate that predicate. Summarizing principles set out in my book Minding Justice: Laws That Deprive People With Mental Disability of Life and Liberty, I explain how this seemingly radical stance can be implemented. Specifically, this article proposes adoption of an "integrationist defense" in the criminal context, an "undeterrability requirement" when the state seeks preventive detention outside of the criminal process, and a "basic rationality and self-regard test" for incompetency determinations. None of these proposals requires proof of a mental disorder as a predicate condition. PMID:25960445
The importance of preventing nuclear terrorism is so great that it is easy to believe that the usual concern with civil liberties must take a back seat. But it is precisely when emergencies are invoked that the authors must not forget the importance of freedoms. Emergency powers are easily abused, and, even in the absence of abuse, mistakes can be made. It is hard to understand why they care about civil liberties if every suspect is guilty, every wiretap is necessary, and every search is justified. But sometimes suspects are innocent, wiretaps are used for political ends, and searches disrupt lives to no end. Civil liberties do not exist in a vacuum. If society is destroyed, civil liberties are likely to be destroyed as well. Virtually every legal doctrine this study addresses involves a recognition that individual rights must be balanced against valid social needs. The civil liberties focus on here fall under the general headings of freedom of speech and association, privacy, due process rights for suspects, and freedom from unreasonable searches and seizures. One essential point applied to all these areas: although a counterterrorist activity is legal, that does not mean the activity has no impact on civil liberties. It may be legal, for example, to have a massive federal police force that provides hundreds of guards for every shipment of plutonium. Even so, that procedure still raises civil liberties concerns, since many Americans would feel less free in a society of that type
The discussion about the law governing the energy sector is of topical interest at present because there have been a number of draft amendments at the national level for a reform of the laws during the past years as well as the approval of a draft for a European Directive for harmonising national regulations in pursuit of a single Market for electricity. The present paper first deals with the development of the basic energy laws up to the present. Then the author examines the constitutionality of the national bills and the compatibility of the draft for the European Directive with the European basic right of freedom to choose a profession, which he previously derives from general legal regulations. He comes to the conclusion that none of the bills presented so far fully comply with the requirements implicit in the basic rights. (orig./HP)
Rita Yi Man Li
Having a glance at the historical sites such as Bing Ma Yung, Great Wall, Forbidden City, watching movies of history about China, flipping pages of stories about ancient China, we can never deny that China was once the most powerful nations. Nevertheless, by the time we are soaking ourselves in these fairy tales, industrial revolutions in countries miles away awoke us: we are no longer the most affluence countries. Well developed private property rights and legal system has provided a superb ...
Based on the definition of moderated/minor shareholders and a study on the rights they share and the possibility of their rights being injured, an analysis is made of the imperfectness of reliefs in civil litigations when the rights of moderate/minor shareholders are injured. It proposes that reliefs for moderate/minor shareholder's rights be constructed in civil litigations.%通过对中小股东的定义、中小股东享有的权益及权益受到侵害的可能性进行探 讨，分析我国对中小股东权益遭受侵害时民事诉讼救济措施不完善的表现，提出构建保护中小股东权益的民事诉讼救济措施的设想。
Rita Yi Man Li
Full Text Available Having a glance at the historical sites such as Bing Ma Yung, Great Wall, Forbidden City, watching movies of history about China, flipping pages of stories about ancient China, we can never deny that China was once the most powerful nations. Nevertheless, by the time we are soaking ourselves in these fairy tales, industrial revolutions in countries miles away awoke us: we are no longer the most affluence countries. Well developed private property rights and legal system has provided a superb environment for inventors. Industrial revolutions in UK have broken the dreams of many Chinese.
Mine and land ownership in operation planning procedures. On the framing of issues of conflicting civil rights under administrative law; Bergwerkseigentum und Grundeigentum im Betriebsverfahren. Zur verwaltungsrechtlichen Gestaltung vernetzter Grundrechtspositionen
Schmidt-Assmann, E.; Schoch, F.
On the framing of issues of conflicting civil rights under administrative law. The available arsenal of legal instruments for solving conflicts between proprietary titles to land surfaces and mines is more extensive and differentiated and, if properly deployed, more effective than one might at first expect. The control mechanisms become effective either immediately through laws or through administrative or private acts and are based on public or on private law. They range from the sphere of mining rights, operation planning law, the law on the prevention of damage to private persons over to the regulations under mining law on the payment of damages. The constitutionality of the mining regulations examined here is beyond dispute. They comply with the constitutional requirement to frame the issue concerned and afford protection while at the same time providing the required measure of openness and flexibility for conforming to the peculiarities of the mining business and permitting the necessary sensitivity of administrative control for managing this multipolar legal relationship. At the statutory level the regulatory purpose of the mining law in force is thus fulfilled. (orig./HSCH) [Deutsch] Das Arsenal an gesetzlichen Instrumenten zur Loesung der zwischen Bergwerkseigentum und Oberflaecheneigentum auftretender Konflikte ist reichhaltiger, differenzierter und - bei richtigem Einsatz - wirkungsvoller als zunaechst vermutet. Die Steuerungsmechanismen wirken gesetzesunmittelbar oder kraft behoerdlicher bzw. privater Massnahmen, sie bedienen sich oeffentlichrechtlicher und privatrechtlicher Mittel, und sie reichen sachlich vom Berechtsamswesen ueber das Betriebsplanrecht bis hin zum Recht der privaten Schadenspraevention und enden im bergrechtlichen Schadenersatzrecht. Beruecksichtigt man diesen breiten Hintergrund, sollte kein Zweifel an der Verfassungsmaessigkeit der hier untersuchten berggesetzlichen Vorschriften bestehen. Sie genuegen einerseits dem
If electricity rate payment boycotters withhold parts of the payment due for electric energy supplied, this refusal to pay rates will give the electric utility the right to use its right of lien according to sect. 33 para. 2 of the General Terms and Conditions governing the supply with electricity, gas, district heat and water. This is also applicable if, in the individual case, it is a matter of only small amounts.
Teresa Cristina de Novaes Marques
Full Text Available A historiografia sobre transformações culturais associa modificações no modelo de família a mudanças econômicas de ordem estrutural, tal como industrialização e crescimento da população urbana. A sociedade brasileira mudou radicalmente da segunda metade do século XIX aos anos 1950. Ainda assim, foi preciso um processo de decisão amadurecido no Congresso para ajustar o país legal ao país real. Este artigo examina um aspecto dessa separação: o poder que os maridos detinham como tutores de suas esposas. Em termos metodológicos, são examinados os debates parlamentares sobre direitos de mulheres casadas em dois momentos históricos: nos anos 1930 e 1950.The branch of historiography that studies cultural changes relates modifications to family models and structural economical changes, such as industrialization and growth of urban life. Brazilian society, for instance, changed radically between the second half of the 19th Century and the 1950s. Even so, adjustments between legality and reality took a long time to mature in the Parliament. This article examines one aspect of such discrepancies between legal and real world: the tutorial power of husbands over their wives. In methodological terms, the article analyzes parliamentarian debates on women's civil rights in two moments of the history of Brazilian political institutions: in the1930s and in the 1950s. It examines which forces interacted to make institutional changes concerning women in Brazil along this period a viable option.
The idea of charter schools arose as a means to allow for innovation by creating schools that were free from traditional regulations, but were held accountable for their performance. More recently, however, charter school advocates have suggested that increasing school choice options will create competition that improves the quality of education…
... found at 15 CFR part 8; (2) 42 U.S.C. 3123 (proscribing discrimination on the basis of sex in Investment... Local Public Works Program), and the Department's implementing regulations found at 15 CFR 8.7 through 8... discrimination on the basis of disabilities), and the Department's implementing regulations found at 15 CFR...
... Equal Employment Opportunity Program (EEOP), if required to maintain one under 28 CFR 42.301, et seq... will: (1) Require that every applicant required to formulate an EEOP in accordance with 28 CFR 42.201...,000 or more submit a copy of its EEOP (if required to maintain one under 28 CFR 42.301, et seq.)...
This paper analyses the historical aspects of the nuclear right development. It makes the evolution of the fundamental principles of nuclear right, in special, the civil responsibility for nuclear damages. (author)
Full Text Available This article tends to deal with one of the most worrying issues in the judicial system of Kosovo the problem of judicial civil procedure dragging out. The article analyses the reasons of these dragging outs of the judicial civil procedure focusing on the context of one of the basic procedural principles in civil procedure-the principle of economy or efficiency in the courts. Dragging out of civil procedure in Kosovo has put in question not only the basic principles of civil procedure, but it also challenges the general principles related to human rights and freedoms sanctioned not only by the highest legal act of the country, but also with international treaties. The article tends to give a reflection to the most important reasons that effect and influence in these dragging outs of civil procedure, as well as, at the same time aims to give the necessary alternatives to pass through them by identifying dilemmas within the judicial practice. As a result, the motives of this scientific paper are exactly focused at the same time on identifying the dilemmas, as well as presenting ideas, to overstep them, including the judicial practice of the European Court of Human Rights on Article 6 of the European Convention on Human Rights, by which it is given the possibility to offering people efficient and within a reasonable time legal protection of their rights before national courts. For these reasons, the paper elaborates this issue based on both, the legal theory and judicial practice.
Dr. Inderjit Singh
Full Text Available Human Rights are as old as the history of human civilization. The Indian history proves that human rights were as much manifest in the ancient Hindu and Islamic civilizations as in the European Christian civilizations. Human rights in the modern sense have taken shape in India during the freedom struggle which ultimately resulted in the embodiment of human rights in the Indian Constitution. The present paper examines the origin and development of human rights in Indian since ancient times to present days.
Claudia ANDRITOI; Florentina LUPSA
Between the right to defence and assistance and the civil rights a close connection has been identified. Sometimes the realisation and protection of these rights, such as the right to life, to personal dignity, to private life etc., in general are impossible without the right to defence and legal assistance. First, the right to legal assistance allows the individual to comprehend the powers conferred to him by this right. Second, the right to legal assistance allows the protection and enforce...
Kolp, Felicity Ann
The international human rights system formally recognizes two principal categories of rights: civil and political (CP) rights and economic, social, and cultural (ESC) rights. While these are in theory equal and indivisible, CP rights have been heavily prioritized in reality. This project seeks to address this imbalance, focusing on ESC rights realization. Conceiving of ESC rights as a path between CP rights and development helps anchor the concept and offers a constructive perspective on h...
Kamyshanskiy V. P.; Veter N. Y.
The article is devoted to one of the most disputable categories of jurisprudence – abuse of rights. Modern civil legislation contains many of the assessment law. Interpretation and specification of evaluative concepts is a challenging intellectual process. Abuse of right is a consequence of the process of interpretation of appraisal standards. The law does not allow the exercise of civil rights with the intent to harm another person, as well as abuse of rights in any form, including in the fo...
Kamyshanskiy V. P.; Didenko A. A.; Marchenko K. S.
The article discusses the concept of energy efficiency as an object of civil rights. It examines the characteristic features of the object of civil legal relations. On the basis of the current sources of the civil law we have analyzed the sources of civil law regulation of energy saving
ANCA NICOLETA GHEORGHE; CAMELIA SPASICI
The right of withdrawal (of a contract) belongs to the consumer, and is an essential means for the improvement of regulations that protect the consumer.. Right of withdrawal is not a recent creation and is not even specific to the consumer field. He was previously recognized in civil and commercial law (without special regulation). The right to withdraw may even have as ground the parties will. Thus, based on the contractual freedom, the parties may agree that one of them has the right to ter...
Carlos Villán Durán
Full Text Available The international codification of the human right to peace was brought to the United Nations by civil society organizations. The draft declaration submitted to the States has a holistic nature, is very rooted in the international human rights law, and considers peace as the absence of all forms of violence (Santiago Declaration on the Human Right to Peace of 10 December 2010. A working group appointed by the UN Human Rights Council should achieve a new and consensual text to bridge the existing gap between developed and developing States in this field, the former being more supportive of the thesis maintained by civil society.
Carlos Villán Durán
The international codification of the human right to peace was brought to the United Nations by civil society organizations. The draft declaration submitted to the States has a holistic nature, is very rooted in the international human rights law, and considers peace as the absence of all forms of violence (Santiago Declaration on the Human Right to Peace of 10 December 2010). A working group appointed by the UN Human Rights Council should achieve a new and consensual text to bridge the exist...
The right of appeal consists in the essential civil rights of the citizens promulgated in the constitution. The essence of the private rights of citizens against the administration of public power. This article through to the relevant laws and regulations of civil appeal right and academic achievements of research, the article defines the concept the right of appeal, and compares with the administrative reconsideration system and the petition system, and expounds the legal position of administrative complaint system. The author also combines the reality of our country, and puts forward suggestions on the protection of citizens’ right of appeal.
Htun, Yee Yee
This paper presents as a qualitative research to describe and to analyze the role of civil society in democratizing development in a study of Burma. The contextualization approach for understanding my study is the concepts of civil society, democratization and development. The research explores the empirical phenomenon of the challenges of civil society organizations in Burma/Myanmar under the control of the authoritarian regime and how much civil society actors could work for civil rights an...
The person’s civil ability, having as constitutive elements the capacity to have rights and obligations and the legal competence, assigns the juridical capacity specific to the civil law. While the civil capacity to have rights and obligations represents the general and abstract aptitude of a person to have rights and obligations and it is gained at birth date and sometimes even since the conception, the legal competence is granted in considering the discernment gradually formed and it suppos...
Update on Law-Related Education, 1997
Presents a glossary of civil law terms originally compiled for journalists by the American Bar Association. Defines many essential civil law concepts and practices including compensatory damages, jurisdiction, motion to dismiss, discovery, and remedy. (MJP)
The work is the comprehensive study of the legal regulation of limited real rights in civil law. Now there is a purely symbolic division between the right of economic conducting or the right of operative management, expedience in this article, excluding the right of economic management in the list of restricted real rights, as envisaged in the draft of the Civil Code of the Russian Federation The article identifies trends and prospects of development of the legislation governing property righ...
Henriksen, Lars Skov
Kapitlet giver en oversigt over de vigtigste teoretiske forståelser af begrebet om det civile samfund. Desuden giver kapitlet en empirisk oversigt over foreninger og organisationer i det danske civilsamfund samt befolkningens civile engagement.......Kapitlet giver en oversigt over de vigtigste teoretiske forståelser af begrebet om det civile samfund. Desuden giver kapitlet en empirisk oversigt over foreninger og organisationer i det danske civilsamfund samt befolkningens civile engagement....
Full Text Available In the absence of mechanisms to protect the populationof the OPT, and the reluctance or impotence of the‘international community’, global civil society activists andhuman rights campaigners – working with Palestinianand Israeli actors – have stepped into the breach.
In 2000, Vermont established "civil unions" meant for same-sex couples. This form of marriage relied on the existence of a local gay and lesbian community, while contributing to the development of "gay and lesbian tourism" and pushing certain churches to revisit their treatment of same-sex couples. Gay and lesbian rights and rural communities are not mutually exclusive.
This article considers the possible inclusion of a right to cultural identity in a UK Bill of Rights, highlighting the centrality of culture to debates about the accommodation of diversity in the UK as well as the increased recognition of the importance of cultural rights under international human rights law. The article argues that the inclusion of a minimal minority rights guarantee based on Article 27 of the International Covenant on Civil and Political Rights 1966 would be an innocuous s...
Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part II--What Parents Should Know and Do to Ensure Extracurricular Interscholastic Sport Opportunities for Their Children with Disabilities
The rights of all students to participate in extracurricular programs are required by current law but are often nonexistent, misunderstood, or even sometimes purposely not shared with parents. This article is addressed to parents regarding the rights of their children with disabilities to participate in extracurricular sport activities. Included…
Selberg, Hanne; Madsen, Trine Stougaard
Right patient, Right Blood Simulation based training in blood transfusion practice in nursing education Background: In spite of strict checking procedures to handling transfusion of blood severe adverse reactions are likely to happen and the major cause of morbidity occurs to be liable to human...
... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Waiver of hearing, reduction... Civil money penalties: Waiver of hearing, reduction of penalty amount. (a) Waiver of a hearing. The... the civil money penalty. (b) Reduction of penalty amount. (1) If the facility waives its right to...
The study aims an analysis of the property right law system in the civil law of the Russian Federation. Presenting the construction of the right to property the author take into consideration both the economical and legal perspective.
An illustration of how important the relationship is between civil society anbd governance. A short historic journey with four snapshots of times and situations that have provided interesting evidence about the connection between civil society and governance. My goal for the short historic journey...... is to make clear and hopefully even verify that providing knowledge about the impact of civil society and citizens’ participation on governance is one of the most urgent research tasks in the current period of time....
Kuhta, Milan; Brunčič, Ana
Among all crises, which have struck Slovenian construction industry, the crisis of civil engineering terminology is perhaps less noticeable, but still as important as all the others. The lack of fundamental characteristics of proper terminology causes a reasonable doubt whether Slovenian civil engineering terminology actually exists. After three editions of Splošni tehniški slovar (A General Technical Dictionary), a preparation of the new civil engineering dictionary represents one step towar...
The paper provides a brief historical overview of the concept of civil society and the relevance of different meanings to the notion of 'voice' as it relates to poor people. It outlines civil society actors that might be helpful in clarifying different forms of accountability. And in the last section, it draws some conclusions and policy recommendations about the accountability of different types of civil society groups.
Buhl, Kenneth Øhlenschlæger
This article is concerned with the legal challenges of regulating civil wars in international humanitarian law. Civil war is not a term used in international law; it falls however, withing the context of the legal term 'armed conflicts not of an international character', although the shorter 'non......-international armed conflict' is used here. Civil wars are usually limited to the territory of a state. Considering that international law is generally concerned with the legal relations between states – being a legal system based on the system of states with states as its subjects – the main question is how civil...... wars as internal conflicts have become subject to international humanitarian law....