7 CFR 3560.2 - Civil rights.

Science.gov (United States)

2010-01-01

... 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 against...

28 CFR 65.52 - Civil rights.

Science.gov (United States)

2010-07-01

... 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 the... funds under the Act are also subject to the provisions of title VI of the Civil Rights Act of 1964...

42 CFR 59.209 - Civil rights.

Science.gov (United States)

2010-10-01

... 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 the requirements of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d et seq.) and in...

Between Civil Rights and Property Rights: Debating the Selective ...

African Journals Online (AJOL)

What is framed as political contestation today is a culmination of abuses of human rights, including political, civil, social and economic rights. Using a historical analysis, this article points out that there has been selective amnesia in Zimbabwe's human rights discourse, and argues for the equal treatment of civil and political ...

38 CFR 21.7310 - Civil rights.

Science.gov (United States)

2010-07-01

... 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, Civil...

7 CFR 250.21 - Civil rights.

Science.gov (United States)

2010-01-01

... 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 Civil... Department's nondiscrimination regulations (7 CFR parts 15, 15a, and 15b) and the FNS civil rights...

Civil rights reference of administrative procedures

International Nuclear Information System (INIS)

Held, J.

1984-01-01

The book deals with the constitutional obligations which substantive civil rights demand from administrative procedures. The Federal Constitutional Court distinguishes between protection of civil rights in, and by, administrative and judicial procedures. The author analyses the example of the decision of the Federal Constitutional Court concerning the atomic power plant of Muelheim-Kaerlich. In the licensing procedure pursuant to the Atomic Energy Act, the civil rights of persons concerned are guaranteed by the governmental obligation to its protection. (CW) [de

40 CFR 35.925-9 - Civil rights.

Science.gov (United States)

2010-07-01

... 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. ...

Protection of personality rights in civil law

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Simonović Ivana

2014-01-01

Full Text Available Personality rights have long been described as the youngest member of the civil law family of absolute subjective (individual civil rights. By establishing these rights, an individual is guaranteed full and direct legal authority and control over one's personal assets, which include the most important human values such as: life, integrity, dignity and privacy. The ultimate importance of these personal assets is supported by appropriate legal protection of personality rights, which have been guaranteed in numerous provisions of constitutional law, civil law, criminal law and administrative law. The legal protection of personality rights stems from the understanding that a human being cannot be reduced to a biological entity; being part of the community, man is also a social being. Taking into account constant interactions and mutual relations between members of the society, man should be guaranteed certain rights. It primarily implies the guaranteed right to inviolability of one's personality, which is the basis for generating other personality rights. These rights are inherent, inalienable and absolute in terms of their effects; as such, they provide protection from the interference of the state and any third party. Focusing on the rules of civil law, the authors have explored the potentials and the scope of legal protection of personality rights provided by awarding a civil sanction. Although civil sanction is basically monetary sanction, it is deemed to be quite appropriate for the protection of personal (non-patrimonial assets.

7 CFR 1735.15 - Civil rights.

Science.gov (United States)

2010-01-01

... 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 on...

32 CFR 935.21 - Civil rights, powers, and duties.

Science.gov (United States)

2010-07-01

... INSULAR REGULATIONS WAKE ISLAND CODE Civil Law § 935.21 Civil rights, powers, and duties. In any case in... the laws of the United States or this part, the civil rights, powers, and duties as they obtain under... 32 National Defense 6 2010-07-01 2010-07-01 false Civil rights, powers, and duties. 935.21 Section...

CIVIL RIGHTS AND MINORITIES.

Science.gov (United States)

HARTMAN, PAUL

A MAJOR INTENT OF THE CONSTITUTION AND ITS AMENDMENTS, TO GUARANTEE EQUAL RIGHTS TO ALL CITIZENS REGARDLESS OF RACE, CREED, OR COLOR, HAS BEEN REINFORCED BY THE CIVIL RIGHTS STATUTES OF MANY STATES. IN SOME STATES SUCH LAWS HAVE BEEN ON RECORD FOR THREE-QUARTERS OF A CENTURY. IN OTHER STATES THE SAME CONSTITUTIONAL INTENT HAS BEEN DENIED BY…

International Covenant on Civil and Political Rights

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Catalina Mititelu

2013-08-01

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.

Lyndon B. Johnson and the Civil Right Act of 1964

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Karatzas Konstantinos D.

2016-09-01

Full Text Available The Civil Rights Movement is deeply intertwined with Lyndon B. Johnson. Throughout his career, Johnson supported the quest of African-Americans for political and civil rights. They found in him an ally whose role was fundamental in fullfilling the goals of Martin Luther King, Jr, and the Civil Rights Movement. This paper will examine the role of the Johnson presidency in the passage of the Civil Rights Acts of 1957 and 1964.

Civil Rights Laws as Tools to Advance Health in the Twenty-First Century.

Science.gov (United States)

McGowan, Angela K; Lee, Mary M; Meneses, Cristina M; Perkins, Jane; Youdelman, Mara

2016-01-01

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.

Education of Gifted Students: A Civil Rights Issue?

Science.gov (United States)

Gallagher, James J.

2015-01-01

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…

EXERCISE WITH BAD FAITH OF SUBJECTIVE CIVIL RIGHTS

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NICOLAE GRADINARU

2012-05-01

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.

28 CFR 16.90 - Exemption of Civil Rights Division Systems.

Science.gov (United States)

2010-07-01

... with ongoing criminal or civil law enforcement proceedings and impose an impossible administrative... the records could interfere with ongoing criminal or civil law enforcement proceedings and impose an... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Exemption of Civil Rights Division...

Strategies for the safeguarding of civil rights in the age of plutonium

International Nuclear Information System (INIS)

Narr, W.D.

1984-01-01

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) [de

Fixing Images: Civil Rights Photography and the Struggle Over Representation

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Berger, Martin A.

2010-10-01

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.

10 CFR 1.37 - Office of Small Business and Civil Rights.

Science.gov (United States)

2010-01-01

... consideration is given to Labor Surplus Area firms and Women Business Enterprises, and conducts an outreach... 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...

[Right of access to healthcare in the context of the Royal Decree-Law 16/2012: the perspective of civil society organizations and professional associations].

Science.gov (United States)

Suess, Amets; Ruiz Pérez, Isabel; Ruiz Azarola, Ainhoa; March Cerdà, Joan Carles

2014-01-01

The recent publication of the Royal Decree-Law 16/2012 (RDL 16/2012), which introduces structural changes in the Spanish Public Healthcare System, can be placed in the broader context of budgetary adjustments in response to the current economic crisis. An analysis of the interrelationships among economic crisis, healthcare policies, and health reveals that citizen participation is one of several potential strategies for reducing the impact of this situation on the population. This observation raises the interest to know the citizens' perspectives on the modifications introduced by the RDL 16/2012. Narrative review of documents related to the RDL 16/2012 published by civil society organizations and professional associations in the Spanish context. A broad citizen response can be observed to the introduction of RDL 16/2012. The documents reviewed include an analysis of changes in the healthcare model inherent to the RDL 16/2012, as well as predictions on its impact on access to healthcare, healthcare quality, and health. The civil society organizations and professional associations offer recommendations and proposals, as well as collaboration in elaborating alternative strategies to reduce costs. The response of civil society organizations and professional associations underscores the importance of strengthening citizen participation in the development of healthcare policies aimed at maintaining the universal character and sustainability of the Spanish Public Healthcare System in the current moment of economic and systemic crisis. Copyright © 2014 SESPAS. Published by Elsevier Espana. All rights reserved.

41 CFR 105-53.130-2 - Office of Ethics and Civil Rights.

Science.gov (United States)

2010-07-01

... of 1975, and the Equal Pay Act. [53 FR 23761, June 24, 1988] ..., equal employment opportunity, and civil rights. It is the focal point for the agency's implementation of the Ethics in Government Act of 1978. The principal statutes covering the Civil Rights Program are...

GUARANTEES OF THE RIGHT TO A FAIR CIVIL TRIAL

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Diana-Loredana Jalbă

2015-11-01

Full Text Available In order to ensure the effective protection of human rights and provide for more than theoretical and illusory substantive rights, the need to define the right to a fair trial is emerging, along with the necessity that litigants become aware of the guarantees established by article 6 of the European Convention on Human Rights. Thus, the article aims to approach the ample issue regarding the litigants’ right to a fair civil trial in light of current legal regulations, and in particular, in light of the jurisprudence of the European Court of Human Rights. Given the fact that the right to a fair civil trial involves establishing, throughout the trial, a set of rules of procedure aimed at creating a balance between the parties in the process - the so-called guarantees of a fair trial - in her scientific pursuits, the author analyzes both explicit and implicit guarantees of fair trial, highlighting relevant European standards as well as their degree of implementation in the national (procedural law.

Challenges to Reducing Discrimination and Health Inequity Through Existing Civil Rights Laws

Science.gov (United States)

Chandra, Amitabh; Frakes, Michael; Malani, Anup

2017-01-01

Fifty years after the passage of Civil Rights Act, minority healthcare remains separate and unequal. We combine insights from Civil Rights Law and research on racial-disparities to understand whether stronger enforcement of existing Civil Rights laws would improve minority healthcare today, or whether complementary approaches are also necessary. Despite earlier success, modern challenges to improving minority healthcare are different than those confronted during de jure segregation. We review these challenges and the potential effectiveness of existing Civil Rights legislation in overcoming them. We conclude that enforcement could be strengthened by executive orders that strengthen existing laws, but Congressional action would be required to allow private individuals to bring suits against discriminatory providers. We contrast the relative benefits of this approach to wider non-litigation-based solutions. We conclude that a combination of the two approaches would better address the challenge of improving minority healthcare in the 21st century. PMID:28583962

Office for Civil Rights Annual Report to Congress, Fiscal Years 2007-08

Science.gov (United States)

US Department of Education, 2009

2009-01-01

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…

Realization of Human Rights Guarantees in Civil Proceedings in Russia

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Badma V. Sangadzhiev

2016-09-01

Full Text Available Civil legal proceedings are conducted according to the federal laws existing during consideration and permission of a civil case (making of separate legal proceedings or execution of court decrees. In case of lack of the regulation of a procedural law governing the relations which arose during civil legal proceedings, federal courts of the general jurisdiction and magistrate's courts apply the regulation governing the similar relations (analogy of the law. In the absence of such regulation of the judge work proceeding from the general principles of implementation of justice in the Russian Federation (analogy is right. Dispositions of general constitutional guarantees (which don't belong directly to judicial system, however their sense can quite be applied to judicial process of consideration of civil cases contain in the following articles of the Constitution of Russia: 17, 19, 29 and 45. Judicial activities are characterized by the major indicators: quality and efficiency (observance of procedural terms. According to the conventional principles and rules of international law to be an offender without unjustifiable delay constitutes one of the fundamental human rights inseparably linked with the right to fair legal proceeding. In a sense of the constitutional regulation, first, everyone has the right, but isn't obliged to protect the rights, secondly, to protect by all methods which aren't forbidden by the law. It is thought, the last purchases the force and the importance not as ascertaining (or transfer these methods in the law and as availability of real mechanisms of their use by the individual and availability of use.

Civil and Constitutional Rights of Adjudicated Youth.

Science.gov (United States)

Landess, Jacqueline

2016-01-01

Mental health clinicians serving child and adolescent patients are frequently asked to evaluate youth who have been arrested for various offenses or who are otherwise involved with the juvenile justice system. To help orient clinicians and other stakeholders involved with such cases, this article describes the evolution of the juvenile justice system and summarizes the history and current status of the civil and constitutional rights of youth involved in the adjudicatory process. This article also points out key areas in which due process rights are still evolving, particularly in the case of status offenders. Copyright © 2016 Elsevier Inc. All rights reserved.

Civil Rights Enforcement Gone Haywire: The Federal Government's New School-Discipline Policy

Science.gov (United States)

Epstein, Richard A.

2014-01-01

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…

Student Rights in the U.S. and Civil Law Nations.

Science.gov (United States)

Lynch, Patrick D.

A discussion of the two legal traditions illuminates this comparison of student rights in common and civil law nations. The United States is among a minority of nations that use common law, a complex system cluttered with processes difficult to explain and loaded with protections for defendents in both criminal and civil cases. In American common…

The forms of protection civil rights parties of the bank deposit contract

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Юрій Миколайович Моісеєнко

2017-03-01

Full Text Available The article is dedicated to analyze the forms of protection civil rights parties of the bank deposit contract considering the statistical data in regard to banks which allow violations of these rights and necessity to restore these rights by competent bodies. Fixing in civil legislation a number of opportunities to protect these rights with the existing economic crisis, especially in banking field, have practical importance that based on the efficiency of any form. Therewith, research the peculiarities of protection violated civil rights of the bank deposit contract in judicial, administrative and other forms. Attention is drawn on the peculiarities of some forms of protection. So, emphasizing the certain duration of judicial protection, alternatives opportunities of protection and restoration the violated rights of parties of the bank deposit contract is analyzed by the author. However, due to lack of effective mechanisms for protection the rights of parties of mentioned contract, the author proposed some ways for improving protection the violated rights of parties of the bank deposit contract.

Tenth Annual "Brown" Lecture in Education Research: A New Civil Rights Agenda for American Education

Science.gov (United States)

Orfield, Gary

2014-01-01

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…

75 FR 39266 - Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties...

Science.gov (United States)

2010-07-08

..., ethnic, or religious profiling related to the Department's activities. The system will also track and... agency for labor and employment relations; to an agency, organization, or individual when there could... civil rights and civil liberties, or to allege racial, ethnic, or religious profiling by DHS, its...

75 FR 38824 - Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties...

Science.gov (United States)

2010-07-06

... civil rights, civil liberties, such as profiling on the basis of race, ethnicity, or religion, by.../ religion (CRCL does not solicit this information, it is tracked if individuals provide it); Allegation... Officer and Chief Freedom of Information Act Officer, Department of Homeland Security, 245 Murray Drive...

Compensation for damage caused by abuse of procedural rights in civil litigation

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Rakočević Milka V.

2017-01-01

Full Text Available The paper discusses the issue of compensation for damage caused by the abuse of procedural rights as a measure within the oppressive apparatus for sanctioning the abuse of process in civil proceedings, which issue is, unlike others related to the idea of prohibition of abuse of rights within the system of civil procedure, the least treated in the procedural doctrine. The author deals with procedural aspects of certain essential issues that are important in the context of the matter concerned, highlighting the nature of the claim for damages caused by the abuse of process, the manner this right is realized (whether in the pending litigation or by initiating a separate civil procedure, the procedural form of the claim for compensation of damages, etc.

Complicating the Rhetoric: How Racial Construction Confounds Market-Based Reformers' Civil Rights Invocations

Science.gov (United States)

Hernández, Laura E.

2016-01-01

Reformers today maintain the use of civil rights rhetoric when advocating for policies that address educational inequity. While continuing the legacy of earlier civil rights activists, the leaders invoking this rhetoric and the educational platforms they promote differ greatly from previous decades. Not only does this new crop of reformers differ…

The role of human rights litigation in improving access to reproductive health care and achieving reductions in maternal mortality.

Science.gov (United States)

Dunn, Jennifer Templeton; Lesyna, Katherine; Zaret, Anna

2017-11-08

Improving maternal health, reducing global maternal mortality, and working toward universal access to reproductive health care are global priorities for United Nations agencies, national governments, and civil society organizations. Human rights lawyers have joined this global movement, using international law and domestic constitutions to hold nations accountable for preventable maternal death and for failing to provide access to reproductive health care services. This article discusses three decisions in which international treaty bodies find the nations of Brazil and Peru responsible for violations of the Convention on the Elimination of All Forms of Discrimination Against Women and the International Covenant on Civil and Political Rights and also two domestic decisions alleging constitutional violations in India and Uganda. The authors analyze the impact of these decisions on access to maternal and other reproductive health services in Brazil, Peru, India, and Uganda and conclude that litigation is most effective when aligned with ongoing efforts by the public health community and civil society organizations. In filing these complaints and cases on behalf of individual women and their families, legal advocates highlight health system failures and challenge the historical structures and hierarchies that discriminate against and devalue women. These international and domestic decisions empower women and their communities and inspire nations and other stakeholders to commit to broader social, economic, and political change. Human rights litigation brings attention to existing public health campaigns and supports the development of local and global movements and coalitions to improve women's health.

Alternative Dispute Resolution as a form of protection of civil rights, freedoms and interests

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Олег Степанович Ткачук

2016-06-01

Full Text Available The article is devoted to the problems of alternative civil dispute resolution and understanding of this phenomenon in western legal tradition and through the national paradigm of forms of protection of civil rights, freedoms and interests. The conception of “alternative dispute resolution” was analyzed by foreign and national scholars, such as M. Cappelletti, B. Garth, F. Sander, E. I. Nosyreva, O. M. Spektor, V. V. Komarov and others. The main objective of the paper is to analyse the essence of alternative dispute resolution as an order of protection and as a form of protection of civil rights. The author delimits such categories as order of protection and form of protection. From this point of view alternative dispute resolution is considered to be an independent form of protection of civil rights, freedoms and interests as well as judicial, administrative, notarial forms of protection and the protection in European court of human rights. As a result alternative dispute resolution can be understood as a form of protection of civil rights, freedoms and interests which consists of quasi-judicial and consensual methods of resolving civil disputes, based on voluntariness of treatment of persons, who was a participators of dispute, and voluntariness of enforcement of final decision of such procedure, which thought can be enforced coercively in a simplified procedure

The Covenant on civil and political rights

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Aulona HAXHIRAJ

2013-12-01

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.

Protecting Civil Rights, Advancing Equity: Report to the President and Secretary of Education

Science.gov (United States)

Office for Civil Rights, US Department of Education, 2015

2015-01-01

For nearly five decades, the U.S. Department of Education's Office for Civil Rights (OCR) has stood as a guardian of civil rights in educational institutions nationwide. This office takes very seriously the charge to remove barriers to students' full participation in every facet of educational life. As the contents of this report illustrate, OCR…

The Tale of Two Civil Societies: Comparing disability rights movements in Nicaragua and Uruguay

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Stephen Meyers

2014-12-01

Full Text Available The UNCRPD is unique amongst international rights instruments because it empowers civil society organizations to represent the rights-bearers themselves—persons with disabilities. As such, DPOs in the Global South have become a major concern for UN agencies and international NGOs who believe that grassroots disability associations need political advocacy training in order to take up their role as rights advocates. These expectations contain implicit assumptions regarding civil society-state relations and the existence of governmental capacity. The authors, however, hypothesize that not all civil societies will fit the rights advocacy model due to the political culture and public resources available within their respective, local communities. Disability movements in Nicaragua and Uruguay are compared and contrasted. In Nicaragua, a disability rights coalition dismisses many international expectations in favor for continuing to follow traditional civil society expectations to provide services. In Uruguay, a long history of high levels of social spending and disability organizing enabled DPOs to successfully advocate for progressive laws. The deaf community, however, decided to implement their own, separate advocacy strategies to ensure a fairer distribution of public resources. The authors conclude that rather than top-down civil society training, the international movement should allow local organizations set their own priorities.

Picturing Equality: Exploring Civil Rights' Marches through Photographs

Science.gov (United States)

Santoli, Susan; Vitulli, Paige; Giles, Rebecca

2015-01-01

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…

Clair Engle and the brain tumor that almost derailed the Civil Rights Act.

Science.gov (United States)

Son, Colin

2015-07-01

Senator Clare Engle was a United States senator from California who cast an important vote to end the filibuster of the 1964 Civil Rights Act, even as a brain tumor had left him with an expressive aphasia and would claim his life just a month later. This paper reviews the history of Senator Engle's illness in parallel with that of the Civil Rights Act of 1964.

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

Science.gov (United States)

Davis, Timothy D.; Felix, Manny

2013-01-01

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…

The Freedom Schools, the Civil Rights Movement, and Refocusing the Goals of American Education

Science.gov (United States)

Hale, Jon N.

2011-01-01

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…

ASPECTS CONCERNING THE PRIVATE OWNERSHIP RIGHT WITHIN THE CONTEXT OF THE NEW CIVIL CODE

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Ana-Maria Lupulescu

2012-11-01

Full Text Available 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, although it is not entirely safe from any criticism.

Esther McCready, RN: Nursing Advocate for Civil Rights

Science.gov (United States)

Pollitt, Phoebe A

2016-02-15

More than a decade before the Civil Rights Act of 1964, as an African American teenager from Baltimore, Maryland, Esther McCready challenged the discriminatory admissions policies of the University of Maryland School of Nursing (UMSON). The article explores nurse advocacy and how Esther McCready advocated for herself and greater racial equity in nursing education during a time of civil rights turmoil. Her actions eventually resulted in the formation of numerous schools of nursing for African Americans across the south. This article recounts McCready’s early life experiences and the powerful impact her actions had on creating educational options for nurses during a time when they were severely limited for African American women, including discussion of her student days at UMSON and her journey after nursing school. A review of pertinent legal cases and policies related to segregation and integration of higher education in the mid-twentieth century is presented, along with details of McCready’s continued education and advocacy.

Changing Landscapes in Documentation Efforts: Civil Society Documentation of Serious Human Rights Violations

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Brianne McGonigle Leyh

2017-04-01

Full Text Available Wittingly or unwittingly, civil society actors have long been faced with the task of documenting serious human rights violations. Thirty years ago, such efforts were largely organised by grassroots movements, often with little support or funding from international actors. Sharing information and best practices was difficult. Today that situation has significantly changed. The purpose of this article is to explore the changing landscape of civil society documentation of serious human rights violations, and what that means for standardising and professionalising documentation efforts. Using the recent Hisséne Habré case as an example, this article begins by looking at how civil society documentation can successfully influence an accountability process. Next, the article touches upon barriers that continue to impede greater documentation efforts. The article examines the changing landscape of documentation, focusing on technological changes and the rise of citizen journalism and unofficial investigations, using Syria as an example, as well as on the increasing support for documentation efforts both in Syria and worldwide. The changing landscape has resulted in the proliferation of international documentation initiatives aimed at providing local civil society actors guidelines and practical assistance on how to recognise, collect, manage, store and use information about serious human rights violations, as well as on how to minimise the risks associated with the documentation of human rights violations. The recent initiatives undertaken by international civil society, including those by the Public International Law & Policy Group, play an important role in helping to standardise and professionalise documentation work and promote the foundational principles of documentation, namely the ‘do no harm’ principle, and the principles of informed consent and confidentiality. Recognising the drawback that greater professionalisation may bring, it

Civil rights between legal provisions and political reality in Albania

Directory of Open Access Journals (Sweden)

Doris Koliqi Malaj

2018-03-01

Full Text Available One of the basic principles of civil rights is that all human beings are born free and equal in dignity and rights. The life protection, liberty and property should be equally guaranteed to citizens to exclude discrimination of minorities or other parts of the population. These rights are an important part of civil liberties and are considered as an essential element for effective citizenship. Arbitrary arrest, terror, torture or other serious and unlawful interference, both by state and private actors, significantly affect the well-being of democracy as it affects the very essence of it. In liberal democracies, leaders legitimized by the people must be involved within the norms and principles of the rule of law in order to establish a healthy relationship between the state and the citizen. This relationship is considered to be damaged in non-liberal democracies as it is affected by the suspension of individual freedoms and rights. This paper aims to analyze whether these individual rights are guaranteed and protected in Albania, considering from the perspective of the legal framework as well as in the political reality. This study aims to analyze the development of human rights, judicial rights and their implementation in our country to come to the conclusion, whether our system is that of a liberal democracy or not.

The Underappreciated Doctors of The American Civil Rights Movement. Part I: Theodore Roosevelt Mason Howard, MD.

Science.gov (United States)

deShazo, Richard D; Parker, Sara B

2017-07-01

During the fight to end segregation in the United States, most of the 25 or so black physicians who had not already left Mississippi took risks to become active in civil rights locally and nationally. One of the first was T.R.M. Howard, MD, whose life story is both an encouragement and warning for today's physicians. Howard, the protégé of a white Adventist physician, became active in civil rights during medical school. While serving as chief surgeon of the all-black hospital in Mississippi, he formed his own civil rights organization in 1951 and worked to solve the shootings of 2 of its members, George Lee and Gus Courts, and the murder of Emmett Till in 1955. His reports of these events and collaborations with other civil rights icons helped trigger the modern civil rights movement. At the same time, he became a nationally known proponent of abortion rights and then fled to Chicago in 1956, after arming his Delta mansion with long guns and a Thompson machine gun. Howard will be remembered for many things, including his activism for the social determinants of health as president of the National Medical Association. Copyright © 2017 Southern Society for Clinical Investigation. Published by Elsevier Inc. All rights reserved.

Canadian Civil Society Organizations and Human Rights and Global ...

International Development Research Centre (IDRC) Digital Library (Canada)

This project aims to strengthen the capacity of Canadian civil society organizations (CSOs) to inform Canadian policy on human rights and global justice. ... in the developing world continue to face obstacles that limit their ability to establish careers and become leaders in the fields of science, technology, engineering, and ...

Measuring Access to Learning Opportunities.

Science.gov (United States)

Hawley, Willis D., Ed.; Ready, Timothy, Ed.

This study examined the continued relevance and adequacy of the Elementary and Secondary School Civil Rights Compliance Report (E&S Survey) as a tool for enforcing civil rights laws in education, monitoring quality of access to learning opportunities, and research on other current issues of educational policy and practice. The Committee on…

CIVIL JUSTICE IN SOUTH AFRICA

Directory of Open Access Journals (Sweden)

D. Van Loggerenberg

2016-01-01

Full Text Available The South African adversarial system of civil procedure in the High Court owes its origin to that of England. As with all civil procedural systems, the South African system is not stagnant. Its primary sources, namely Acts of Parliament and rules of court, are constantly amended in an attempt to meet the changing needs of society. Court delay and costinefficient procedural mechanisms, however, contribute to public dismay. The High Court, in the exercise of its inherent power to regulate its process, do so with the purpose of enhancing access to justice. The advantage of the system lies in the fact that it is not cast in stone but could, subject to the Constitution of the Republic of South Africa, 1996, be developed to make it more accessible to the public whilst protecting the public’s fundamental rights entrenched in the Constitution and, in this regard, particularly the right to afair trial embedded in sec. 34 of the Constitution. This contribution gives an overview of the system with reference to the court structure, the judiciary, the process in the High Court and its underlying principles, appeals, class actions and alternative civil dispute resolution mechanisms.

28 CFR 50.3 - Guidelines for the enforcement of title VI, Civil Rights Act of 1964.

Science.gov (United States)

2010-07-01

... VI, Civil Rights Act of 1964. 50.3 Section 50.3 Judicial Administration DEPARTMENT OF JUSTICE... to enforce compliance with other titles of the 1964 Act, other Civil Rights Acts, or constitutional... should not be rejected without consulting the Department of Justice. Once litigation has been begun, the...

Sex Differences in Attitudes toward Homosexual Persons, Behaviors, and Civil Rights: A Meta-analysis.

Science.gov (United States)

Kite, Mary E.; Whitley, Bernard E., Jr.

1996-01-01

Used meta-analytic techniques to compare men's and women's attitudes toward homosexual persons, homosexual behaviors, and gay people's civil rights. As expected, size of sex differences varied across these categories. Men were more negative than women toward homosexual persons and homosexual behavior, but the sexes viewed gay civil rights…

Civil rights as determinants of public health and racial and ethnic health equity: Health care, education, employment, and housing in the United States.

Science.gov (United States)

Hahn, R A; Truman, B I; Williams, D R

2018-04-01

This essay examines how civil rights and their implementation have affected and continue to affect the health of racial and ethnic minority populations in the United States. Civil rights are characterized as social determinants of health. A brief review of US history indicates that, particularly for Blacks, Hispanics, and American Indians, the longstanding lack of civil rights is linked with persistent health inequities. Civil rights history since 1950 is explored in four domains-health care, education, employment, and housing. The first three domains show substantial benefits when civil rights are enforced. Discrimination and segregation in housing persist because anti-discrimination civil rights laws have not been well enforced. Enforcement is an essential component for the success of civil rights law. Civil rights and their enforcement may be considered a powerful arena for public health theorizing, research, policy, and action.

Human Rights versus Corporate Rights: Life Value, the Civil Commons and Social Justice

Directory of Open Access Journals (Sweden)

John McMurtry

2011-08-01

Full Text Available

This analysis maps the deepening global crisis and the principles of its resolution by life-value analysis and method. Received theories of economics and justice and modern rights doctrines are shown to have no ground in life value and to be incapable of recognizing universal life goods and the rising threats to them. In response to this system failure at theoretical and operational levels, the unifying nature and measure of life value are defined to provide the long-missing basis for understanding the common interest, human rights and social justice—that is, the universal life necessities of humanity across cultures and the evolving civil commons infrastructures to ensure them. In contrast, the treaty-imposed corporate rights system miscalled “globalization” is structured to predate life means and support systems at all levels with no accountability beyond itself. Only the logic of life value, human rights and life-protective law, it is concluded, can comprehend or govern this inherently life-blind and cumulatively eco-genocidal regime.

Human Rights versus Corporate Rights: Life Value, the Civil Commons and Social Justice

Directory of Open Access Journals (Sweden)

John McMurtry

2011-07-01

Full Text Available This analysis maps the deepening global crisis and the principles of its resolution by life-value analysis and method. Received theories of economics and justice and modern rights doctrines are shown to have no ground in life value and to be incapable of recognizing universal life goods and the rising threats to them. In response to this system failure at theoretical and operational levels, the unifying nature and measure of life value are defined to provide the long-missing basis for understanding the common interest, human rights and social justice—that is, the universal life necessities of humanity across cultures and the evolving civil commons infrastructures to ensure them. In contrast, the treaty-imposed corporate rights system miscalled “globalization” is structured to predate life means and support systems at all levels with no accountability beyond itself. Only the logic of life value, human rights and life-protective law, it is concluded, can comprehend or govern this inherently life-blind and cumulatively eco-genocidal regime.

Access Rights Distribution

Directory of Open Access Journals (Sweden)

T. M. Pestunova

2011-03-01

Full Text Available The main aspects of the development of the information system, which grants users the rights for access to automated information system resources on the basis of the organization business-processes, are considered. The conceptual, informational, functional models of the system, as well as a model, which allows to realize control while using various formal models (RBAC, DAC, MAC, are described.

A HUMAN RIGHTS-BASED APPROACH TO POVERTY REDUCTION: THE ROLE OF THE RIGHT OF ACCESS TO MEDICINE AS AN ELEMENT OF THE RIGHT OF ACCESS TO HEALTH CARE

Directory of Open Access Journals (Sweden)

Zannelize Strauss

2013-08-01

Full Text Available The prevention and treatment of infectious diseases remain among the greatest challenges faced by today's developing countries. The World Health Organisation estimates that about one-third of the world's population lacks access to essential medicine, a fact which, according to the United Nations, directly contradicts the fundamental principle of health as a human right. According to the World Summit for Social Development, poor health and illness are factors that contribute to poverty, while the adverse effects of illness ensure that the poor become poorer. A lack of access to health care, amongst other rights, (including access to medicines as an element thereof aggravates poverty. The most important provision in international law relating to the right to health is article 12 of the United Nations International Covenant on Economic, Social and Cultural Rights. Article 12(1 of this Covenant provides a broad formulation of the right to health in international law, while article 12(2 prescribes a non-exhaustive list of steps to be taken in pursuit of the highest attainable standard of health. Article 12(2, in particular, illustrates the role that adequate access to medication plays in the right of access to health care. The United Nations Committee on Economic, Social and Cultural Rights has explicitly included the provision of essential drugs as a component of the right to health care, thereby emphasising the causal link between the lack of access to essential medicines and the non-fulfilment of the right of access to health care. As with all socio-economic rights, the resource implications of the realisation of the right to health has the result that states cannot be expected to immediately comply with its obligations in respect thereof. Instead, article 2(1 of the International Covenant on Economic, Social and Cultural Rights and the General Comments of the Committee on Economic, Social and Cultural Rights place obligations on states to take

PROTECTION OF RIGHTS UNDER RUSSIAN CIVIL LAW IN A COMPARATIVE CONTEXT

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D. Karkhalev

2016-01-01

Full Text Available The article analyzes the new rules securing the protection of rights introduced in the Russian Civil Code. New enforcement provisions in the Code will contribute to the stability and sustainability of business transactions in the market economy and the observance of contractual discipline. They aim at ensuring the most complete restoration of violated civil rights and restoring the situation that existed before the violation. Positive changes appear in Article 395 of the Code, including penalties prescribing interest payments on unpaid funds for nonperformance of a monetary obligation. The changes to this article have already been tested in practice, as found in a number of interpretations announced in the decisions of higher courts of the judiciary. Yet, an analysis of the Code reveals the absence of any form of penalty in the chapters on the individual types of obligations. Furthermore, a forfeiture occurs only in certain circumstances where it is required due to the nature of the legal relations, as under, for example, transport charters and codes, and laws on the supply of goods for state requirements.

Civil Rights Continued: How History Positions Young People to Contemplate Sexuality (In)justice

Science.gov (United States)

Schmidt, Sandra J.

2014-01-01

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…

Beyond the Playing Field: Jackie Robinson, Civil Rights Advocate. Lesson Plan.

Science.gov (United States)

National Archives and Records Administration, Washington, DC.

This packet provides primary source documents and lesson plans relating to the study of Jackie Robinson as a civil rights advocate. The legendary baseball player, Jack Roosevelt Robinson, was the first black man to "officially" play in the big leagues in the 20th century. Jackie Robinson was not only a stellar baseball player, but he…

Globalisation and health inequalities: can a human rights paradigm create space for civil society action?

Science.gov (United States)

London, Leslie; Schneider, Helen

2012-01-01

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

Glorious Burdens: Teaching Obama's History and the Long Civil Rights Movement

Science.gov (United States)

Slate, Nico

2011-01-01

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…

"This Has Been Quite a Year for Heads Falling": Institutional Autonomy in the Civil Rights Era

Science.gov (United States)

Williamson, Joy Ann

2004-01-01

Historically Black Colleges and Universities (HBCUs) and their students played a pivotal part in the Civil Rights Movement of the 1950s and early 1960s. Private HBCUs, in particular, provided foot soldiers, intellectual leadership, and safe places to meet and plan civil disobedience. Their economic and political autonomy from the state enabled the…

Civil-Military Relations and Gen. Maxwell Taylor: Getting It Right and Getting It Wrong

National Research Council Canada - National Science Library

Tart, Randal

1997-01-01

... are paid. In the first situation, Taylor got his civil-military relations right, even though he fought a losing battle with President Eisenhower over Ike's dangerous defense strategy of 'massive retaliation...

Changing Landscapes in Documentation Efforts : Civil Society Documentation of Serious Human Rights Violations

NARCIS (Netherlands)

Mc Gonigle, B.N.

2017-01-01

Wittingly or unwittingly, civil society actors have long been faced with the task of documenting serious human rights violations. Thirty years ago, such efforts were largely organised by grassroots movements, often with little support or funding from international actors. Sharing information and

Right of access to energy

International Nuclear Information System (INIS)

Delgado Triana, Yanelys; Fariñas Wong, Ernesto Yoel

2015-01-01

Energy is essential for the development of our life and for the development of production capacity. However, a number of people worldwide without this living, specifically power. To the extent that increase energy needs for domestic, industrial and agricultural use, each day more indispensable need access to this recognition as a human right or fundamental respect is made, so some questions in this paper are required both denominations, being essential to consider the emergence and evolution of these. An analysis of the international protection they receive the right of access to energy services, although currently there are no international treaties that specifically recognize it also performs a number of initiatives that promote its preservation manifested and recognized in several abstractly legal instruments, such as declarations, covenants and conventions. (full text)

Challenges of regulatory rights of half-capacitated persons: A sociological perspective on the French Civil Code reform.

Science.gov (United States)

Eyraud, Benoît

2016-01-01

Democratic societies are based on the principle of equal legal capacity of all citizens to decide and act for themselves in all areas of social life. This "socio-civil capacity", which may involve both material property of an individual, as well as private life in matters ranging from health to personal relationships, is recognized by the law (both codified law and common law). These rights guarantee the autonomy and freedom of individuals in the name of respect for human dignity. Civil capacity of a person is legally diminished because his or her "natural" abilities, capacity, or competence are reduced. Recent social changes have lead to increased uses of legal measures of protection. The reasons for these changes are complex and they are accompanied by legislative reforms that modify the rights of half-capacitated persons. In this article, we examine certain issues of civil capacity rights based on the French example. We start present a perspective of the historical definition and practice of these rights as well as their democratization. Copyright © 2016. Published by Elsevier Ltd.

Challenges To Reducing Discrimination And Health Inequity Through Existing Civil Rights Laws.

Science.gov (United States)

Chandra, Amitabh; Frakes, Michael; Malani, Anup

2017-06-01

More than fifty years after the passage of the Civil Rights Act of 1964, health care for racial and ethnic minorities remains in many ways separate and unequal in the United States. Moreover, efforts to improve minority health care face challenges that differ from those confronted during de jure segregation. We review these challenges and examine whether stronger enforcement of existing civil rights legislation could help overcome them. We conclude that stronger enforcement of existing laws-for example, through executive orders to strengthen enforcement of the laws and congressional action to allow private individuals to bring lawsuits against providers who might have engaged in discrimination-would improve minority health care, but this approach is limited in what it can achieve. Complementary approaches outside the legal arena, such as quality improvement efforts and direct transfers of money to minority-serving providers-those seeing a disproportionate number of minority patients relative to their share of the population-might prove to be more effective. Project HOPE—The People-to-People Health Foundation, Inc.

The occurence of right and responsibilities of trastee in relation to the minors, and persons wich are limited in civil capasity in accordence with the Civil Code of Ukraine

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В. В. Надьон

2015-11-01

Full Text Available Problem setting. In accordance with the Civil Code of Ukraine guardianship and trusteeship are established to provide personal non-property and property rights and interests of minors, and adult persons who for health reasons can not independently exercise their rights and responsibilities (article 55 of the Civil Code. The main difference between guardianship and trusteeship is in the volume of civillaw responsibilities which the law imposes on Trustees and Guardians, based on the volume capacity and the health status of their wards. Thus, the trustee is appointed over the minor and persons wichare incapasitated individual, the trustee, the guardian is appointed over minors and individuals that have limited civil capacity. The Civil Code of Ukraine pays considerabl attention to the guardian's responsibilities, which include: 1 to care for a ward, about his education, training and development, to create the necessary living conditions; 2 to provide that minors and persons limited civil capacity of care and treatment; 3 to provide the necessary conditions for obtaining a General secondary education; 4 to take measures to protect civil rights and interests; 5 once a year to carry out a full medical examination; 6 to determine the place of residence of the ward person. To the rights of the Guardian in the legislation: 1 to demand in court the return of his child under his guardianship from any person who illegally hold on to it; 2 live together with the ward and can be registered on a residential square, the latter for the period of their responsibilities execution; 3 to manage the assets of the ward; 5 may be voluntarily released from fulfillment of the assumed obligations

Women in History--Marian Wright Edelman: Crusader for Civil and Children's Rights

Science.gov (United States)

Mills, Shirley J.

2006-01-01

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,…

Fourth National NEA/PR&R Conference on Civil and Human Rights in Education.

Science.gov (United States)

National Education Association, Washington, DC. Commission on Professional Rights and Responsibilities.

The fourth conference dedicated itself to the topic "The Treatment of Minorities in Textbooks," intending to give educators, publishers, civil rights leaders, and government officials an unbiased understanding of textbook problems. Participants learned from each other and gained insight into differing points of view, stimulating cooperative team…

The Human Right to Equal Access to Health Care

NARCIS (Netherlands)

M. San Giorgi (Maite)

2012-01-01

textabstractThe right to equal access to health care is a fundamental principle that is part of the human right to health care. For victims of a violation of the human right to equal access to health care it is important that a judicial or quasi-judicial human rights body can adjudicate their

The Use of Passive Resistance During the Civil Rights Movement: an Interpretation

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Karatzas Konstantinos D.

2016-04-01

Full Text Available The roots of nonviolent direct action and the development into a powerful method of persuasion and coercion will be explored in an attempt to explain its distinctive role in the Civil Rights Movement. The paper will focus on the participation of the three actions, the political, the legal and the passive, in the victorious moments of the Movement.

Civil Rights for Trafficked Persons: Recommendations for a More Effective Federal Civil Remedy

OpenAIRE

Shannon Lack

2008-01-01

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...

Teaching Young Children about the Civil Rights Movement: Applying Effective & Developmentally Appropriate Strategies

Science.gov (United States)

Foster, Janet E.; Root, Tonja L.; Lee, Seungyoun

2015-01-01

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…

The Use of Drones and Human Rights: Particular Focus on the International Covenant on Civil and Political Rights Articles 2, 6, 12, 17 and 21

OpenAIRE

Rizwani, Muhammad Saqib

2013-01-01

The topic of this thesis is how the use of drone technology relates to the international human rights law regime. Particular focus is on the International Covenant on Civil and Political Rights Articles 2, 6, 12, 17 and 21.

The Third-Order Multiculturalism: Civil Rights, Diversity, and Equality in Korea's Multicultural Education

Science.gov (United States)

Kim, Joon K.

2014-01-01

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 1960s,…

Discrimination, developmental science, and the law: addressing dramatic shifts in civil rights jurisprudence.

Science.gov (United States)

Levesque, Roger J R

2014-01-01

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. (c) 2014 APA, all rights reserved.

Citizenship beyond politics: the importance of political, civil and social rights and responsibilities among women and men.

Science.gov (United States)

Bolzendahl, Catherine; Coffé, Hilde

2009-12-01

Previous research has suggested that men are more engaged as citizens than are women. Yet, little is known about gender cleavages across a variety of citizenship norms. To what extent do men and women define citizenship differently? To address that question, this study examines the importance men and women assign various citizenship rights and responsibilities using 2004 ISSP data from 18 Western, industrialized nations. Using a disaggregated approach to understanding definitions of citizenship, we examine political, civil, and social rights and responsibilities. After controlling for a variety of demographic and attitudinal influences, we find that men and women are not different in their views regarding the importance of political responsibilities. However, women do view political rights as significantly more important than do men. Further, in comparison to men, women view both civil and social responsibilities and rights domains as significantly more important.

An extraordinary decision. The Muelheim-Kaerlich order of the Federal Constitutional Court. Protection of civil rights by way of procedural law

International Nuclear Information System (INIS)

Mutius, A. von.

1984-01-01

The uthor 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. (orig./HSCH) [de

The Human Right to Access Electricity

Energy Technology Data Exchange (ETDEWEB)

Tully, Stephen

2006-04-15

Electricity access is already well established within the framework of human rights, either as an implicit attribute of a pre-existing right (such as non-discrimination or sustainable development) or explicitly in the context of eliminating discrimination against women. There is also broad acknowledgement by states of the desirability of eliminating energy poverty - for all, but particularly for the rural poor, and women. (author)

75 FR 60757 - Office for Civil Rights; Statement of Organization, Functions, and Delegations of Authority

Science.gov (United States)

2010-10-01

... of Organization, Functions, and Delegations of Authority The Office for Civil Rights (OCR) has... regional operations. Part A, Office of the Secretary, Statement of Organization, Functions, and Delegations... management; (5) human resources activities, including position management, workforce planning, employee...

The right of public access to legal information : A proposal for its universal recognition as a human right

NARCIS (Netherlands)

Mitee, Leesi Ebenezer

2017-01-01

Abstract: This Article examines the desirability of the universal recognition of the right of public access to legal information as a human right and therefore as part of a legal framework for improving national and global access to legal information. It discusses the right of public access to legal

Civil Engineering Works Status of the Proton Accelerator Research Center in PEFP - Site and Access Road Earthwork

International Nuclear Information System (INIS)

Nam, Jung Min; Jeon, G. P.; Min, Y. S.; Park, S. S.; Cho, J. S.; Mun, K. J.; Kim, J. Y.

2010-01-01

PEFP(Proton Engineering Frontier Project) was Launched in 2002 as one of the 21st Century Frontier R and D Programs of MOST(Ministry of Science and Technology). Gyeongju city was selected as the project host site in March, 2006, where 'Proton Accelerator Research Center' was going to be constructed. Since 2005, the Architectural and Civil design work has been performing. The Earthwork of the site was started in June, 2009. In this paper, we describe the status of the civil engineering works for the PEFP, focusing on the earthwork of the site and access road

Fundamental Rules of Civil Procedure : The Tuning of the Federal Constitution and the New Code of Civil Procedure in The Guarantee and Protection of Fundamental Rights

Directory of Open Access Journals (Sweden)

Fernanda Sell de Souto Goulart Fernandes

2016-10-01

Full Text Available On  March  16th,  2015  was  enacted  Law  13,105.  Known  for  having  the  intention  to democratize the process, the new Civil Procedure Code innovated in many ways, and one of those that highlights is the introduction on the legal text of the Procedure Constitutional Principles, already provide in the Constitution. The legislator's attitude positivate in the Ordinary   legislation   the   constitutional   principles   only   embodies   the   wave   of constitutionalization of rights. And the Civil Procedure could not be averse to this trend. Thus, this article aims to analyze the basic rules of civil procedure.

Federal Recognition of the Rights of Minority Language Groups.

Science.gov (United States)

Leibowitz, Arnold H.

Federal laws, policies, and court decisions pertaining to the civil rights of minority language groups are reviewed, with an emphasis on political, legal, economic, and educational access. Areas in which progress has been made and those in which access is still limited are identified. It is argued that a continuing federal role is necessary to…

A moral justification for gay and lesbian civil rights legislation.

Science.gov (United States)

Samar, V J

1994-01-01

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.

International conference on access to civil nuclear energy, March 8-9, 2010, at the OECD, Paris

International Nuclear Information System (INIS)

2010-01-01

The conference on the access to civil nuclear energy gathered representatives of 65 countries. The aim of the conference was to debate about the different aspects of the elaboration of a civil nuclear program, on the existing bilateral and multilateral cooperation means, and on the respect of international obligations of security and safety. This document summarizes the highlights of the opening session with the talk of the French President N. Sarkozy, and the opinions expressed during three round tables about: the financing of nuclear programs, the framework of a responsible use of nuclear energy, and the cooperation between nuclearized countries and newcomers. The conclusion of the conference was presented by the French Prime Minister F. Fillon. (J.S.)

Understanding and Making Use of Academic Authors’ Open Access Rights

Directory of Open Access Journals (Sweden)

David Hansen

2012-09-01

Full Text Available INTRODUCTION Authors of academic works do not take full advantage of the self-archiving rights that they retain in their publications, though research shows that many academic authors are well-aligned (at least in principle with open access (OA principles. This article explains how institutionally-assisted self-archiving in open access repositories can effectively take advantage of retained rights and highlights at least one method of facilitating this process through automated means. METHODS To understand the scope of author-retained rights (including the right to purchase hybrid or other open access options at some sample universities, author-rights data through the SHERPA/RoMEO API was combined with individual article citations (from Thomson Reuters' Web of Science for works published over a one-year period (2011 and authored by individuals affiliated with five major U.S. research universities. RESULTS Authors retain significant rights in the articles that they create. Of the 29,322 unique articles authored over the one year period at the five universities, 28.83 percent could be archived in final PDF form and 87.95 percent could be archived as the post-print version. Nearly 43.47 percent also provided authors the choice of purchasing a hybrid paid open access option. DISCUSSION A significant percentage of current published output could be archived with little or no author intervention. With prior approval through an open access policy or otherwise, article manuscripts or final PDFs can be obtained and archived by library staff, and hybrid paid-OA options could be negotiated and exploited by library administrators. CONCLUSION Although mandates, legislation, and other policy tools may be useful to promote open access, many institutions already have the ability to increase the percentage of accessible works by taking advantage of retained author rights and hybrid OA options.

Collaborative family health care, civil rights, and social determinants of health.

Science.gov (United States)

Mauksch, Larry B; Fogarty, Colleen T

2017-03-01

Social and economic disadvantage and civil rights infringement, worsens overall health (Adler, Glymour, & Fielding, 2016; McGowan, Lee, Meneses, Perkins, & Youdelman, 2016; Teitelbaum, 2005). While addressing these challenges is not new, there is reason to believe that the administration of Donald Trump and a republican majority in congress will exacerbate these challenges and their effects. How can collaborative family health care (CFHC) practitioners and our field help? The editors pondered this question and also asked a selection of leaders in the field. The editors will first share their ideas about the potential of CFHC to make a difference in daily interactions with patients. Next, they will identify key areas of risk and vulnerability. Finally, using the contributions of respected colleagues, they will propose a partial agenda for CFHC clinicians and the field. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

Get the right access rights!

CERN Multimedia

Rosaria Marraffino

2015-01-01

On 11 May, a major change concerning the requirements to access the CERN beam facilities was put in place and implemented in ADaMS in order to reduce the number of courses that people who need access to multiple installations have to follow. This revision includes dedicated safety training courses that replace, in particular, the “Safety during LS1” e-learning course, which is now to be considered obsolete.   CERN’s Access Distribution and Management System (ADaMS). As of 11 May, an important improvement was implemented in ADaMS (CERN’s Access Distribution and Management System) regarding the requisites to access safety zones. This change is closely related to the introduction of a generic e-learning course ("CERN Beam Facilities") covering the common risks and systems present in CERN's beam facilities. Two e-learning courses are no longer valid, nor available on the SIR (Safety Information Registration) catalogue: the &ld...

Intellectual property rights vs. public access rights: ethical aspects of the DeCSS decryptation program

Directory of Open Access Journals (Sweden)

Robert Vaagan

2005-01-01

Full Text Available Introduction. In 1999-2000, a Norwegian youth cracked a DVD-access code and published a decryptation program on the Internet. He was sued by the US DVD Copy Control Association (DVD-CCA and the Norwegian Motion Picture Association (MAP, allies of the US Motion Picture Association of America (MPAA, arrested by Norwegian police and charged with data crime. Two Norwegian court rulings in 2003 unanimously ruled that the program did not amount to a breach of Norwegian law, and he was fully acquitted. In the US, there have been related cases, some with other outcomes. Method. Based on a theoretical framework developed by Zwass, the paper discusses these court rulings and the wider issues of intellectual property rights versus public access rights. Analysis. The DVD-Jon case illustrates that intellectual property rights can conflict with public access rights, as the struggle between proprietary software and public domain software, as well as the SPARC and Open Archives Initiative reflect. Results. An assessment of the DVD-Jon case based on the Zwass framework does not give a clear information ethics answer. The analysis depends on whether one ascribes to consequentialist (e.g., utilitarian or de-ontological reflection, and also on which side of the digital gap is to be accorded most weight. Conclusion. While copyright interests are being legally strengthened, there may be ethically- grounded access rights that outweigh property rights.

Leveraging Conflict to Achieve Advances in Civil Rights: Community Leadership--An Unfinished Work for Educators

Science.gov (United States)

Canfield-Davis, Kathy; Gardiner, Mary E.

2017-01-01

The purpose of this research was to identify community leadership praxis of an activist for Lesbian, Gay, Bi-sexual and Transgender civil rights in community housing, employment and public accommodations. The qualitative single-case study included data from city council meetings, interviews with Tony Stewart, the community leader/activist, other…

Human rights responsibilities of pharmaceutical companies in relation to access to medicines.

Science.gov (United States)

Lee, Joo-Young; Hunt, Paul

2012-01-01

Although access to medicines is a vital feature of the right to the highest attainable standard of health ("right to health"), almost two billion people lack access to essential medicines, leading to immense avoidable suffering. While the human rights responsibility to provide access to medicines lies mainly with States, pharmaceutical companies also have human rights responsibilities in relation to access to medicines. This article provides an introduction to these responsibilities. It briefly outlines the new UN Guiding Principles on Business and Human Rights and places the human rights responsibilities of pharmaceutical companies in this context. The authors draw from the work of the first UN Special Rapporteur on the right to the highest attainable standard of health, in particular the Human Rights Guidelines for Pharmaceutical Companies in Relation to Access to Medicines that he presented to the UN General Assembly in 2008, and his UN report on GlaxoSmithKline (GSK). While the Guiding Principles on Business and Human Rights are general human rights standards applicable to all business entities, the Human Rights Guidelines for Pharmaceutical Companies consider the specific human rights responsibilities of one sector (pharmaceutical companies) in relation to one area of activity (access to medicines). The article signals the human rights responsibilities of all pharmaceutical companies, with particular attention to patent-holding pharmaceutical companies. Adopting a right-to-health "lens," the article discusses GSK and accountability. The authors argue that human rights should shape pharmaceutical companies' policies, and provide standards in relation to which pharmaceutical companies could, and should, be held accountable. They conclude that it is now crucial to devise independent, accessible, transparent, and effective mechanisms to monitor pharmaceutical companies and hold them publicly accountable for their human rights responsibilities. © 2012 American

International Covenant on Economic, Social and Cultural Rights: accessibility and the right to information

NARCIS (Netherlands)

Donders, Y.; McGonagle, T.; Donders, Y.

2015-01-01

According to Article 19 ICCPR, the right to freedom of opinion and expression includes the freedom to seek, receive and impart information and ideas through any media and regardless of frontiers. The Human Rights Committee included the right of access to information as specific item in its General

Carrying on the Good Fight: Summary Paper from Think Tank 2000--Advancing the Civil and Human Rights of People with Disabilities from Diverse Cultures.

Science.gov (United States)

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…

Classification, Social Contracts, Obligations, Civil Rights, and the Supreme Court: Sutton v. United Air Lines.

Science.gov (United States)

Turnbull, H. Rutherford, III; Stowe, Matthew J.

2001-01-01

This article analyzes the 1999 decision of the U.S. Supreme Court, Sutton v. United Air Lines, as it pertains to people with disabilities, especially students covered by federal education and civil rights legislation. It sets out implications of the decision for special and general educators as they engage in Individualized Education Program…

Computer Security: When a person leaves - access rights remain!

CERN Multimedia

Computer Security Team

2014-01-01

We have been contacted recently by an embarrassed project manager who just figured out that a student who left at the end of 2013 still had access rights to read the whole project folder in February 2014: “How can that be?! In any other company, access rights would be purged at the same time as an employment contract terminates." Not so at CERN.   CERN has always been an open site with an open community. Physical access to the site is lightweight and you just need to have your CERN access card at hand. Further restrictions have only been put in place where safety or security really require them, and CERN does not require you to keep your access card on display. The same holds for the digital world. Once registered at CERN - either by contract, via your experiment or through the Users' office - you own a computing account that provides you with access to a wide variety of computing services. For example, last year 9,730 students/technicians/engineers/researchers/sta...

A rights-based approach to accessing health determinants.

Science.gov (United States)

Perkins, Fran

2009-03-01

This commentary summarizes the experience and learnings from a site visit in May 2008 to a drop-in centre for vulnerable women in downtown Cairo run by El-Shehab Institution for Comprehensive Development, which provides street outreach for the prevention of Sexually Transmitted Infection (STI). The Centre successfully provides services and support for women, many of who are displaced or refugees and are from the most marginalized areas in Cairo. Through a rights-based approach to the work, the Centre helps people living in the slums fight and win the right to access clean water, sewerage and electrical power in their communities. An individual-based approach to human rights is also used. In the last year El-Shehab have helped 67 women go to court and win their marriage rights from husbands who have abandoned them. Their approach is an example of a successful way to achieve access to basic health determinants.

Internationalizing the Right to Know: Conceptualizations of Access to Information in Human Rights Law

Science.gov (United States)

Bishop, Cheryl Ann

2009-01-01

Currently there exists a global movement promoting institutional transparency and freedom of information legislation. Conceptualizing access to government-held information as a human right is one of the latest developments in this global trend promoting access to information. The purpose of this dissertation is to identify and analyze the various…

Evaluating a Human Rights-Based Advocacy Approach to Expanding Access to Pain Medicines and Palliative Care: Global Advocacy and Case Studies from India, Kenya, and Ukraine.

Science.gov (United States)

Lohman, Diederik; Amon, Joseph J

2015-12-10

Palliative care has been defined as care that is person-centered and attentive to physical symptoms and psychological, social, and existential distress in patients with severe or life-threatening illness. The identification of access to palliative care and pain treatment as a human rights issue first emerged among palliative care advocates, physicians, and lawyers in the 1990s, with a basis in the right to health and the right to be free from cruel, inhuman, and degrading treatment. Using a case study approach, we evaluate the results of a human rights-based advocacy approach on access to pain medicine and palliative care in India, Kenya, and Ukraine. In each country, human rights advocacy helped raise awareness of the issue, identify structural barriers to care, define government obligations, and contribute to the reform of laws, policies, and practices impeding the availability of palliative care services. In addition, advocacy efforts stimulated civil society engagement and high-level political leadership that fostered the implementation of human rights-based palliative care programs. Globally, access to palliative care was increasingly recognized by human rights bodies and within global health and drug policy organizations as a government obligation central to the right to health. Copyright © 2015 Lohman, Amon. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

34 CFR 108.6 - Equal access.

Science.gov (United States)

2010-07-01

... 34 Education 1 2010-07-01 2010-07-01 false Equal access. 108.6 Section 108.6 Education Regulations of the Offices of the Department of Education OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION EQUAL... limited to, school-related means of communication, such as bulletin board notices and literature...

Linking Health System Responsiveness to Political Rights and Civil Liberties: A Multilevel Analysis Using Data From 44 Countries.

Science.gov (United States)

Witvliet, Margot I; Stronks, Karien; Kunst, Anton E; Mahapatra, Tanmay; Arah, Onyebuchi A

2015-01-01

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. © The Author(s) 2015.

28 CFR 16.89 - Exemption of Civil Division Systems-limited access.

Science.gov (United States)

2010-07-01

... prosecution of grand jury, civil fraud, and other law enforcement matters, disclosure could compromise matters... affirmative enforcement actions based upon alleged violations of regulations or of civil or criminal laws... civil law enforcement purposes is exempted for the reasons set forth from the following subsections: (1...

Employing human rights frameworks to realize access to an HIV cure.

Science.gov (United States)

Meier, Benjamin Mason; Gelpi, Adriane; Kavanagh, Matthew M; Forman, Lisa; Amon, Joseph J

2015-01-01

The scale of the HIV pandemic - and the stigma, discrimination and violence that surrounded its sudden emergence - catalyzed a public health response that expanded human rights in principle and practice. In the absence of effective treatment, human rights activists initially sought to protect individuals at high risk of HIV infection. With advances in antiretroviral therapy, activists expanded their efforts under international law, advocating under the human right to health for individual access to treatment. As a clinical cure comes within reach, human rights obligations will continue to play a key role in political and programmatic decision-making. Building upon the evolving development and implementation of the human right to health in the global response to HIV, we outline a human rights research agenda to prepare for HIV cure access, investigating the role of human rights law in framing 1) resource allocation, 2) international obligations, 3) intellectual property and 4) freedom from coercion. The right to health is widely recognized as central to governmental, intergovernmental and non-governmental responses to the pandemic and critical both to addressing vulnerability to infection and to ensuring universal access to HIV prevention, treatment, care and support. While the advent of an HIV cure will raise new obligations for policymakers in implementing the right to health, the resolution of past debates surrounding HIV prevention and treatment may inform claims for universal access.

49 CFR 1.70 - Delegations to the Director of the Departmental Office of Civil Rights.

Science.gov (United States)

2010-10-01

...) (codified at 42 U.S.C. 12101-121213). (h) Equal Pay Act of 1963 (enacted as section 6(d) of the Fair Labor... Reorganization Act, 42 U.S.C. 290dd(b). (j) 29 CFR Parts 1600 through 1691 (Equal Employment Opportunity...' enforcement of these authorities. These authorities include: (a) Title VII of the Civil Rights Act of 1964, as...

Journal of Civil Engineering, JKUAT: Journal Sponsorship

African Journals Online (AJOL)

Journal of Civil Engineering, JKUAT: Journal Sponsorship. Journal Home > About the Journal > Journal of Civil Engineering, JKUAT: Journal Sponsorship. Log in or Register to get access to full text downloads.

Public access to private land in Scotland | Miller | Potchefstroom ...

African Journals Online (AJOL)

The essential point is that Scots common law does not give civil damages for a simple act of trespass (as English law does) but only a right to obtain removal of the trespasser. Under the reforms the longstanding Scottish position of landowners allowing walkers access to the hills and mountains becomes a legal right.

PRIVATE GRAPHS – ACCESS RIGHTS ON GRAPHS FOR SEAMLESS NAVIGATION

Directory of Open Access Journals (Sweden)

W. Dorner

2016-06-01

Full Text Available After the success of GNSS (Global Navigational Satellite Systems and navigation services for public streets, indoor seems to be the next big development in navigational services, relying on RTLS – Real Time Locating Services (e.g. WIFI and allowing seamless navigation. In contrast to navigation and routing services on public streets, seamless navigation will cause an additional challenge: how to make routing data accessible to defined users or restrict access rights for defined areas or only to parts of the graph to a defined user group? The paper will present case studies and data from literature, where seamless and especially indoor navigation solutions are presented (hospitals, industrial complexes, building sites, but the problem of restricted access rights was only touched from a real world, but not a technical perspective. The analysis of case studies will show, that the objective of navigation and the different target groups for navigation solutions will demand well defined access rights and require solutions, how to make only parts of a graph to a user or application available to solve a navigational task. The paper will therefore introduce the concept of private graphs, which is defined as a graph for navigational purposes covering the street, road or floor network of an area behind a public street and suggest different approaches how to make graph data for navigational purposes available considering access rights and data protection, privacy and security issues as well.

Access to Investigational Drugs: FDA Expanded Access Programs or "Right-to-Try" Legislation?

Science.gov (United States)

Holbein, M E Blair; Berglund, Jelena P; Weatherwax, Kevin; Gerber, David E; Adamo, Joan E

2015-10-01

The Food and Drug Administration Expanded Access (EA) program and "Right-to-Try" legislation aim to provide seriously ill patients who have no other comparable treatment options to gain access to investigational drugs and biological agents. Physicians and institutions need to understand these programs to respond to questions and requests for access. FDA EA programs and state and federal legislative efforts to provide investigational products to patients by circumventing FDA regulations were summarized and compared. The FDA EA program includes Single Patient-Investigational New Drug (SP-IND), Emergency SP-IND, Intermediate Sized Population IND, and Treatment IND. Approval rates for all categories exceed 99%. Approval requires FDA and Institutional Review Board (IRB) approval, and cooperation of the pharmaceutical partner is essential. "Right-to-Try" legislation bypasses some of these steps, but provides no regulatory or safety oversight. The FDA EA program is a reasonable option for patients for whom all other therapeutic interventions have failed. The SP-IND not only provides patient access to new drugs, but also maintains a balance between immediacy and necessary patient protection. Rather than circumventing existing FDA regulations through proposed legislation, it seems more judicious to provide the knowledge and means to meet the EA requirements. © 2015 Wiley Periodicals, Inc.

GENERAL GUIDELINES CONCERNING THE RELATION INTERNATIONAL INTELLECTUAL PROPERTY BUSINESS VERSUS HUMAN RIGHTS AND CIVIL LIBERTIES

Directory of Open Access Journals (Sweden)

Speriusi-Vlad Alin

2014-07-01

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.

Access to health care for undocumented migrants from a human rights perspective:

DEFF Research Database (Denmark)

Biswas, Dan; Toebes, Brigit; Hjern, Anders

2012-01-01

Undocumented migrants' access to health care varies across Europe, and entitlements on national levels are often at odds with the rights stated in international human rights law. The aim of this study is to address undocumented migrants' access to health care in Denmark, Sweden, and the Netherlands...... from a human rights perspective....

Civil Procedure in Cross-cultural Dialogue: Eurasia Context

Directory of Open Access Journals (Sweden)

Stefaan Voet

2014-01-01

Full Text Available Reviewed book: Civil Procedure in Cross-cultural Dialogue: Eurasia Context: IAPL World Conference on Civil Procedure, September 18–21, 2012, Moscow, Russia (Dmitry Maleshin, ed. (Statut 2012, available at (accessed March 9, 2014 [hereinafter Civil Procedure in Cross-cultural Dialogue: Eurasia Context].

75 FR 16819 - Notice of Proposed Information Collection for Public Comment Civil Rights Front End and Limited...

Science.gov (United States)

2010-04-02

... Information Collection for Public Comment Civil Rights Front End and Limited Monitoring Review AGENCY: Office... Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The...-free Federal Information Relay Service at 800-877-8339. (Other than the HUD USER information line and...

Advocates for Women's Sports Say 1988 Civil-Rights Act Has Not Brought Hoped-for Equity with Men.

Science.gov (United States)

Oberlander, Susan

1989-01-01

The passage of the Civil Rights Restoration Act of 1988 was seen by advocates of women's sports as a powerful tool to redress sex imbalances in college sports programs, but few sex discrimination complaints have been filed as a result. The reasons are disputed and not fully understood. (MSE)

"The Civil Rights Movement of the 1990s?": The anti-abortion movement and the struggle for racial justice.

Science.gov (United States)

Hughes, Richard L

2006-01-01

In 1964, Claude and Jeanne Nolen, who were white, joined an interracial NAACP team intent on desegregating local restaurants in Austin, Texas as a test of the recently passed Civil Rights ACt. Twenty-five years later, the Nolens pleaded "no contest" in a courtroom for their continued social activism. This time the issue was not racial segregation, but rather criminal trespassing for blockading abortion clinics with Operation Rescue. The Nolens served prison sentences for direct action protests that they believe stemmed from the same commitment to Christianity and social justice as the civil rights movements. Despite its relationship to political and cultural conservatism, the anti-abortion movement since Roe v. Wade (1973) was also a product of the progressive social movements of the turbulent sixties. Utilizing oral history interviews and organizational literature, the article explores the historical context of the anti-abortion movement, specifically how the lengthy struggle for racial justice shaped the rhetoric, tactics, and ideology of the anti-abortion activists. Even after political conservatives dominated the movement in the 1980s, the successes and failures of the sixties provided a cultural lens through which grassroots anti-abortion activists forged what was arguably the largest movement of civil disobedience in American history.

Civil society, political mobilization, and the impact of HIV scale-up on health systems in Brazil.

Science.gov (United States)

Parker, Richard G

2009-11-01

This article examines the role of civil society in shaping HIV and AIDS policies and programs in Brazil. It focuses on the historical context of the redemocratization of Brazilian society during the 1980s, when the initial response to the epidemic took shape, and emphasizes the role of social movements linked to the progressive Catholic Church, the sanitary reform movement in public health, and the emerging gay rights movement in the early response to the epidemic in Brazil. It highlights the broad-based civil society coalition that took shape over the course of the 1990s and the political alliances that were built up shortly after the 1996 International AIDS Conference in Vancouver, Canada, to pass legislation guaranteeing the right to access to antiretroviral treatment. It emphasizes the continued importance of civil society organizations-in particular, AIDS-related nongovernmental organizations-and leading AIDS activists in exerting continued pressure to guarantee the sustainability of treatment access and the impact that action focused on HIV and AIDS has had on the Brazilian public health system more broadly, particularly through strengthening health infrastructures and providing a model for health-related social mobilization.

Right to access to justice in environmental matters

Directory of Open Access Journals (Sweden)

Daniela Gračan

2010-01-01

Full Text Available One of the strategic goals of the Republic of Croatia for the following period is its access to the European Union. In order to fulfill it, the Republic of Croatia has in October 2001 signed the Stabilization and Association Agreement and thus overtaken the obligation to strengthen co-operation with European Union member states in struggle against environmental devastation and in promotion of environmental sustainability (Article 103 of Agreement. With the acceptance of the Agreement the process began of the Croatian legislation adjustment to the European Union legal acquirements, and thus of the implementation of numerous European Union Acts into its own legislation. In the area of environmental protection, a large number of regulations, directives, and decisions resolving the objectives regarding further protection were carried out by the competent bodies of the European Union, which the Republic of Croatia must implement in its own legislation during its process of accessing EU. Sure enough, one of the most important questions of environmental protection is the right to approach the legislation on environmental issues by all stakeholders. This paper brings the authors' elaboration on the right to access to justice in matters of environmental protection, its standardizing characteristics, similarities, and differences from the aspect of the Convention on Environmental Information and Public Participation in Environmental Decision-making and Access to Justice in Environmental Matters, European Union Acts, and Croatian legislation.

The general clause of right abuse as longa manus function of civil responsibility institute A cláusula geral do abuso de direito como função longa manus do instituto da responsabilidade civil

Directory of Open Access Journals (Sweden)

Franciel Munaro

2007-12-01

Full Text Available 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, matching with another law fields, reason that include a great situations and law probabilities, should be worked as a law principle.O Novo Código Civil traz o instituto do abuso de direito erigido a uma cláusula geral. Esta, através de seus elementos estruturais, como a boa-fé, os bons costumes e os fins econômicos e sociais, determinará a responsabilidade do agente em indenizar outrem caso este ultrapassar os limites do permitido. O instituto do abuso de direito, contudo, extravasa à ordem civil, bem como ao instituto da responsabilidade, permeando por outros campos do direito, fato pelo qual abrange uma vasta gama de situações e probabilidades jurídicas, devendo ser trabalhado como um princípio de direito.

Barack Obama, John Lewis, and the Legacy of the Civil Rights Struggle

Directory of Open Access Journals (Sweden)

Glenn T. Eskew

2012-01-01

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.

Making accessibility analyses accessible: A tool to facilitate the public review of the effects of regional transportation plans on accessibility

OpenAIRE

Golub, Aaron; Robinson, Glenn; Brendan Nee, Brendan Nee

2013-01-01

The regional transportation planning process in the United States has not been easily opened to public oversight even after strengthened requirements for public participation and civil rights considerations. In the effort to improve the public review of regional transportation plans, this paper describes the construction of a proof-of concept web-based tool designed to analyze the effects of regional transportation plans on accessibility to jobs and other essential destinations. The tool allo...

Righting wrongs and reforming rights.

Science.gov (United States)

Ivey, Laurie C

2014-03-01

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."

28 CFR 20.34 - Individual's right to access criminal history record information.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Individual's right to access criminal history record information. 20.34 Section 20.34 Judicial Administration DEPARTMENT OF JUSTICE CRIMINAL... Individual's right to access criminal history record information. The procedures by which an individual may...

An argument for South Africa's accession to the optional protocol to ...

African Journals Online (AJOL)

An argument for South Africa's accession to the optional protocol to the international covenant on economic, social and cultural rights in the light of its importance ... However, despite the doctrine of indivisibility, civil and political rights (CPRs) have for a long time been treated as being enforceable judicially at the national, ...

METHOD AND ABSTRACT MODEL FOR CONTROL AND ACCESS RIGHTS BY REQUESTS REDIRECTION

Directory of Open Access Journals (Sweden)

K. A. Shcheglov

2015-11-01

Full Text Available We have researched implementation problems of control and access rights of subjects to objects in modern computer systems. We have suggested access control method based on objects access requests redirection. The method possesses a distinctive feature as compared to discretional access control. In case when a subject needs to deny writing (object modification, it is not denied but redirected (access rights are not changed, but operation is performed with another object. This gives the possibility to implement access policies to system objects without breaking the system and applications operability, and share correctly access objects between subjects. This important property of suggested access control method enables to solve fundamentally new system objects securing problems like system resources virtualization aimed to protect system objects from users’ and applications attacks. We have created an abstract model, and it shows that this method (access control from subjects to objects based on requests redirection can be used as self-sufficient access control method, implementing any access control policy (from subjects to objects, thus being an alternative to discretional access control method.

10 CFR 1008.15 - Civil remedies.

Science.gov (United States)

2010-01-01

... 10 Energy 4 2010-01-01 2010-01-01 false Civil remedies. 1008.15 Section 1008.15 Energy DEPARTMENT OF ENERGY (GENERAL PROVISIONS) RECORDS MAINTAINED ON INDIVIDUALS (PRIVACY ACT) Requests for Access or Amendment § 1008.15 Civil remedies. Subsection (g) of the Act provides that an individual may bring suit...

Defense Support of Civil Authorities - Are We Organized Right?

National Research Council Canada - National Science Library

Austin, Joseph

2007-01-01

The Department of Defense (DoD) has a long history of supporting civil authorities in the wake of catastrophic events with specialized skills and assets that can rapidly stabilize and improve the situation...

LAWS ON SEX DISCRIMINATION IN EMPLOYMENT--FEDERAL CIVIL RIGHTS ACT, TITLE VII. STATE FAIR EMPLOYMENT PRACTICES LAWS.

Science.gov (United States)

Women's Bureau (DOL), Washington, DC.

TITLE VII OF THE FEDERAL CIVIL RIGHTS ACT (1964) PROHIBITS DISCRIMINATION ON THE BASIS OF SEX IN ADDITION TO THE USUAL GROUNDS OF RACE, COLOR, RELIGION, AND NATIONAL ORIGIN. IT COVERS PRIVATE EMPLOYMENT AND LABOR ORGANIZATIONS ENGAGED IN INDUSTRIES AFFECTING COMMERCE, AS WELL AS EMPLOYMENT AGENCIES. IT IS UNLAWFUL FOR EMPLOYERS TO REFUSE TO HIRE,…

36 CFR 1270.42 - Denial of access to public; right to appeal.

Science.gov (United States)

2010-07-01

...; right to appeal. 1270.42 Section 1270.42 Parks, Forests, and Public Property NATIONAL ARCHIVES AND... Denial of access to public; right to appeal. (a) Any person denied access to a Presidential record... library director at the address cited in part 1253 of this chapter. (b) All appeals must be received by...

JUDICIAL PROTECTION EFFECTIVENESS AND THE FUNDAMENTAL RIGHT TO PROOF IN THE NEW BRAZILIAN CIVIL PROCEDURE RULES

Directory of Open Access Journals (Sweden)

Luis Alberto Reichelt

2017-05-01

Full Text Available The present study aims to reflect about the effectiveness of the fundamental right of proof considering the Civil Procedure Rules, taking as a measure the ideas of truth discovery through the process and of the rational persuasion. In this sense, it is examined the testimonial evidence with the introduction of the possibility of cross-examination and also the expert witness in the context of the procedural negotiation.

History of the treatment of persons with psychological difficulties and the abuse of their civil rights

Directory of Open Access Journals (Sweden)

Petrović Nikola M.

2013-01-01

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.

Healthcare access as a right, not a privilege: a construct of Western thought.

Science.gov (United States)

Papadimos, Thomas J

2007-03-28

Over 45 million Americans are uninsured or underinsured. Those living in poverty exhibit the worst health status. Employment, education, income, and race are important factors in a person's ability to acquire healthcare access. Having established that there are people lacking healthcare access due to multi-factorial etiologies, the question arises as to whether the intervention necessary to assist them in obtaining such access should be considered a privilege, or a right. The right to healthcare access is examined from the perspective of Western thought. Specifically through the works of Aristotle, Immanuel Kant, Thomas Hobbes, Thomas Paine, Hannah Arendt, James Rawls, and Norman Daniels, which are accompanied by a contemporary example of intervention on behalf of the medically needy by the The Johns Hopkins Urban Health Institute. As human beings we are all valuable social entities whereby, through the force of morality, through implicitly forged covenants among us as individuals and between us and our governments, and through the natural rights we maintain as individuals and those we collectively surrender to the common good, it has been determined by nature, natural laws, and natural rights that human beings have the right, not the privilege, to healthcare access.

CONSOLIDATION OF ARGUMENTS IN FAVOR OF THE RIGHT OF ACCESS TO PUBLIC INFORMATION AS A FUNDAMENTAL RIGHT

OpenAIRE

MANUEL PALOMARES HERRERA

2017-01-01

Analysis of the doctrinal position regarding the nature of the right of access to public information and the development of new arguments that reinforce and consolidate its fundamental nature. This right is recognized as a human right in many international declarations; in Spain the legislation of transparency and enforcement is deployed as an instrumental right although it is recognized by many states as an autonomous fundamental right without need to be linked to other fundamental rights.

10 CFR 4.33 - Access to sources of information.

Science.gov (United States)

2010-01-01

... report and shall set forth what efforts it has made to obtain the information. ... 10 Energy 1 2010-01-01 2010-01-01 false Access to sources of information. 4.33 Section 4.33 Energy... FEDERAL FINANCIAL ASSISTANCE FROM THE COMMISSION Regulations Implementing Title VI of the Civil Rights Act...

Applying human rights to improve access to reproductive health services.

Science.gov (United States)

Shaw, Dorothy; Cook, Rebecca J

2012-10-01

Universal access to reproductive health is a target of Millennium Development Goal (MDG) 5B, and along with MDG 5A to reduce maternal mortality by three-quarters, progress is currently too slow for most countries to achieve these targets by 2015. Critical to success are increased and sustainable numbers of skilled healthcare workers and financing of essential medicines by governments, who have made political commitments in United Nations forums to renew their efforts to reduce maternal mortality. National essential medicine lists are not reflective of medicines available free or at cost in facilities or in the community. The WHO Essential Medicines List indicates medicines required for maternal and newborn health including the full range of contraceptives and emergency contraception, but there is no consistent monitoring of implementation of national lists through procurement and supply even for basic essential drugs. Health advocates are using human rights mechanisms to ensure governments honor their legal commitments to ensure access to services essential for reproductive health. Maternal mortality is recognized as a human rights violation by the United Nations and constitutional and human rights are being used, and could be used more effectively, to improve maternity services and to ensure access to drugs essential for reproductive health. Copyright © 2012 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

Safety Training: Access rights underground and safety training

CERN Multimedia

Laetitia Laddada

2004-01-01

This is to remind all CERN Group Leaders/GLIMOS of their obligation to ensure that members of their group/experiment or personnel belonging to firms holding contracts under their responsibility have received the necessary training/instruction in safety before start of work. Access underground will only be authorized upon attendance at safety courses level 1, 2 and 3, provided by the CERN Fire Brigade. All persons not having attended these courses will be locked out. All individuals concerned, as well as their Group Leaders/GLIMOS should check the access rights of their staff at the URL: https://hrt.cern.ch/servlet/cern.hrt.Access.Access In case you or your collaborators do not have the requested authorisation, you/they must attend the safety courses provided every Tuesday by the Fire Brigade or the additional courses on: 16 June, course given in French, 9 a.m. - 12 a.m., AB Auditorium I (Bldg. 6/2-024), 17 June, course given in English, 2 p.m. - 5 p.m., AB Auditorium I (Bldg. 6/2-024). Formation en SEC...

Images of war: using satellite images for human rights monitoring in Turkish Kurdistan

NARCIS (Netherlands)

Vos, de H.; Jongerden, J.P.; Etten, van J.

2008-01-01

In areas of war and armed conflict it is difficult to get trustworthy and coherent information. Civil society and human rights groups often face problems of dealing with fragmented witness reports, disinformation of war propaganda, and difficult direct access to these areas. Turkish Kurdistan was

Vienna convention on civil liability for nuclear damage. Signatures, ratifications, accessions and successions and text of reservations/declarations. Status as of 31 December 1996

International Nuclear Information System (INIS)

1997-01-01

The document refers to the Vienna Convention on Civil Liability for Nuclear Damage (IAEA-INFCIRC-500), giving the status of signatures, ratifications, accessions and successions, and the texts of reservations/declarations as of 31 December 1996

Vienna convention on civil liability for nuclear damage. Signatures, ratifications, accessions and successions and text of reservations/declarations. Status as of 31 December 1996

Energy Technology Data Exchange (ETDEWEB)

NONE

1997-02-28

The document refers to the Vienna Convention on Civil Liability for Nuclear Damage (IAEA-INFCIRC-500), giving the status of signatures, ratifications, accessions and successions, and the texts of reservations/declarations as of 31 December 1996.

Healthcare access as a right, not a privilege: a construct of Western thought

Directory of Open Access Journals (Sweden)

Papadimos Thomas J

2007-03-01

Full Text Available Abstract Over 45 million Americans are uninsured or underinsured. Those living in poverty exhibit the worst health status. Employment, education, income, and race are important factors in a person's ability to acquire healthcare access. Having established that there are people lacking healthcare access due to multi-factorial etiologies, the question arises as to whether the intervention necessary to assist them in obtaining such access should be considered a privilege, or a right. The right to healthcare access is examined from the perspective of Western thought. Specifically through the works of Aristotle, Immanuel Kant, Thomas Hobbes, Thomas Paine, Hannah Arendt, James Rawls, and Norman Daniels, which are accompanied by a contemporary example of intervention on behalf of the medically needy by the The Johns Hopkins Urban Health Institute. As human beings we are all valuable social entities whereby, through the force of morality, through implicitly forged covenants among us as individuals and between us and our governments, and through the natural rights we maintain as individuals and those we collectively surrender to the common good, it has been determined by nature, natural laws, and natural rights that human beings have the right, not the privilege, to healthcare access.

Iranian Democratization Part II: The Green Movement - Revolution or Civil Rights Movement?

Directory of Open Access Journals (Sweden)

Victor H. Sundquist

2013-01-01

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.

THE RIGHT OF ACCESS TO A COURT AS AN ASPECT OF THE RIGHT TO A FAIR TRIAL

Directory of Open Access Journals (Sweden)

Dragan Elijaš

2016-01-01

Full Text Available The topic of this paper is the right of access to a court, as an aspect of the right to a fair trial guaranteed by Article 29 of the Constitution and Article 6 of the Convention. The paper highlights the fundamental significance of the protection offered by the Convention, which concerns the drawing up and implementation of standards for the protection of human rights within the territory of Europe, and, through the positions of the European Court of Human Rights, which the Constitutional Court of the Republic of Croatia has accepted and elaborated in its adjudication. The paper also emphasises the importance of the Constitutional Court’s activism concerning the protection of human rights. It stresses the view that the purpose of Article 29 of the Constitution and of Article 6 of the Convention is to secure fair proceedings, and not to examine the correct outcome of proceedings. The authors prove this thesis in this paper. The basic theme of the paper, the right of access to a court, is recognised by the authors as the key aspect of the constitutional right to a fair trial. The first part of the paper deals in general with the right to a fair trial and its various aspects, it provides an overview of the case law of the European Court of Human Rights and of its effect on the case law of the Constitutional Court in its specific aspects, and provides the standpoints of other States. This is followed by a detailed analysis of the positions of the Constitutional Court with regard to the right of access to a court and, in particular, the evolution of these positions over time in this area of protection. The positions of the Constitutional Court are presented both through an abstract and an individual review of constitutionality. The interpretation of constitutional rights, which the Constitutional Court provides through its decisions and rulings, is considered by the authors to be the most significant contribution to the development of

Access to innovation - research, medical ethics, patient rights and financial resources

Directory of Open Access Journals (Sweden)

Maria Paula Leite Ribeiro de Faria

2016-12-01

Full Text Available This article deals with the identification of patient´s rights as regards the access to innovation in health care, and the reconciliation of these rights and the rights of other patients and the sustainability of the health system. Is it legitimate for the State to restrain the access of patients to innovative treatments representing their only chance of cure, or a substantial improvement in their health, in the name of economic criteria? These criteria and decisions can be assessed by the courts? It is legitimate to use, in the weighting of costs and benefits, criteria such as age of the patient, excluding the terminally ill patients from the benefit of certain treatments? And if we use the right to life as the decisive argument in the access to innovation, ensuring in all cases of survival, the newest and most expensive technology, there is no risk of harming those patients who still have healing perspectives? Since resources are limited, especially in times of financial crisis, the question of its distribution concerns the whole society, and requires the consideration of legal, medical, financial and political, and ethical criteria.

Identifying a Human Right to Access Sustainable Energy Services in International Human Rights Law (SDG 7)? (LRN Law and Sustainability Conference)

NARCIS (Netherlands)

Hesselman, Marlies

2017-01-01

This paper assessed whether a right to sustainable energy services access can be found in international human rights law, possibly in support of achieving UN Sustainable Development Goal 7. According to SDG 7.1, States are expected to strive for the implementation of "universal access to modern,

The principle of the accessibility of the right to education (international aspect

Directory of Open Access Journals (Sweden)

Karapetyan G.A.

2017-06-01

Full Text Available the article describes the principle of the accessibility of the right to education from the perspective of international legal documents; establishes the forms of the accessibility according to the signs of directionality and duration of education; detects the types of the accessibility in the context of international acts.

Citizen Participation, Access to Environmental Information and Education in Uruguayan Environmental Law

Directory of Open Access Journals (Sweden)

Gonzalo Iglesias Rossini

2014-06-01

Full Text Available Our country has followed a clear trend towards the recognition of various mechanisms of citizen participation and access to public information regarding environmental issues A few years ago, if, for instance, a person or group of people, concerned about the potential environmental impact caused by the establishment of a factory in their neighborhood, requested information from the Authorities, such request would have most likely been rejected. At present, there is a clear law-making policy towards acknowledging the possibility for a diversity of social players to be involved at different levels. In a State structured under a social rule of law, both community participation and civil society access to information in possession of the State, regarding issues that may affect the environment, are fundamental rights. Both concepts, information and participation, must go hand in hand, as the first operates as a condition to exercise the second. Civil society involvement in an environmental issue could never occur if, for instance, information held by the Government is not made available. In addition to protecting fundamental human rights, these concepts are enshrined in participatory democracy. They also enable civil society to be involved in environmental pollution issues. This paper is intended to provide a detailed research on the different instruments enshrining citizen participation and access to public information about environmental issues.

34 CFR 303.424 - Civil action.

Science.gov (United States)

2010-07-01

... 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 Act...

Civility: The Right Thing to Teach in Contentious Times

Science.gov (United States)

Nilsen, Alleen Pace

2008-01-01

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…

Respecting the right to access to medicines: Implications of the UN Guiding Principles on Business and Human Rights for the pharmaceutical industry.

Science.gov (United States)

Moon, Suerie

2013-06-14

What are the human rights responsibilities of pharmaceutical companies with regard to access to medicines? The state-based international human rights framework has long struggled with the issue of the human rights obligations of non-state actors, a question sharpened by economic globalization and the concomitant growing power of private for-profit actors ("business"). In 2011, after a six-year development process, the UN Human Rights Council unanimously endorsed the Guiding Principles advanced by the UN Secretary General's Special Representative on Business and Human Rights, John Ruggie. The Ruggie Principles sought to clarify and differentiate the responsibilities of states and non-state actors-in this case, "business" -with respect to human rights. The framework centered on "three core principles: the state duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and the need for more effective access to remedies." The "Protect, Respect, and Remedy" Framework emerged from a review of many industrial sectors operating from local to global scales, in many regions of the world, and involving multiple stakeholder consultations. However, their implications for the pharmaceutical industry regarding access to medicines remain unclear. This article analyzes the 2008 Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines advanced by then-UN Special Rapporteur on the Right to Health, Paul Hunt, in light of the Ruggie Principles. It concludes that some guidelines relate directly to the industry's responsibility to respect the right to access to medicines, and form a normative baseline to which firms should be held accountable. It also finds that responsibility for other guidelines may better be ascribed to states than to private actors, based on conceptual and practical considerations. While not discouraging the pharmaceutical industry from making additional

Is health a labour, citizenship or human right? Mexican seasonal agricultural workers in Leamington, Canada.

Science.gov (United States)

Barnes, Nielan

2013-07-01

Post-North American Free Trade Agreement (NAFTA) trade liberalisation combined with post-9/11 border securitisation means North America increasingly relies on pools of temporary foreign labour, particularly in the agricultural and service sectors. Despite being temporary, these workers often spend most of their years on foreign soil, living and working in isolated rural communities, far from their own families and communities. Migrants' mental and physical health suffers due to hazardous and stressful working conditions, sub-standard housing, lack of social support and limited access to health and social welfare services. Assuming access to health is a basic human right, who is responsible for the health of temporary foreign migrant workers? Is it the nation-state? or the Employers and/or unions? or Civil society? Research and practice show that a combined multisector approach is best; however, such initiatives are often uneven due to questions of sovereignty and citizenship rights. Community-based organisations (CBOs) have emerged to advocate for and serve migrants' social and welfare needs; analysis of CBO projects reveals an uneven application of rights to migrants. Using a comparative case study from Canada, this project contributes to understanding how civil-society helps to activate different types of health care rights for migrants, and to create an informed policy that provides migrant workers with access to a wider range of human and health rights.

Right on Post-trial Access to Investigational Treatment

Directory of Open Access Journals (Sweden)

Dmytro Lurye

2018-03-01

On this base, the author offered to provide in the legislation of Ukraine requirements to inform in advance subjects about the presence or absence of post-trial access and to evaluate these provisions by ethics committees before and at the end of all trials in order to determine its real need in each individual case. The scope of the right on post-trial access to investigational treatment must be reasonably weighed in order to avoid, on the one hand, becoming an excessive stimulus for the subjects, and, on the other hand, not leading to a situation where on such regulation conducting of clinical trials in the country will no longer be appropriate.

34 CFR 300.516 - Civil action.

Science.gov (United States)

2010-07-01

... 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 with...

著作人身权性质辨析%Analysis on the Personal Right of Author and the Personal Right of Civil Law

Institute of Scientific and Technical Information of China (English)

宋贻珍

2014-01-01

There are two wrong opinions on personal right of an author :one insists on that personal right of an author is the right of identity ,the other considers it as property right .The former view only sees the phenomenon of personal right of an author but ignores its essence ,and the latter view misunder-stands its essential characteristic .It is arguable that personal right of an author is a special social personal right w hich shouldn't be merged into the personal right of civil law ,and that personal right of an author should adhere to its primary meaning and be improved in details .%认为著作人身权是身份权的观点，只看到现象而忽视了著作人身权本质；认为著作人身权是财产权的观点，是对人格权的本质属性存在误解，没有看到社会人格权能够转让的属性。著作人身权是特殊的人格权，取缔或者合并到民法中的人格权中都是不可取的，而应该在现有基础上对著作人身权的内容加以完善。

Human rights & intellectual property for universal access to new essential medicines

NARCIS (Netherlands)

Perehudoff, Katrina; 't Hoen, Elisabeth; Babar, Zaheer

2018-01-01

This chapter illustrates how human rights principles can help governments, even those with the most modest budgets, scale-up universal access to expensive essential medicines. The key message is that governments have legally binding human rights obligations to immediately take steps to provide

Proceedings of the International Conference on Access to Civil Nuclear Energy

International Nuclear Information System (INIS)

2010-01-01

Today a growing number of states are considering to civil nuclear power to meet their energy needs, in a context of spiraling fossil fuel prices and the drive to combat climate change. France's position is that the peaceful use of nuclear power should not be confined to a handful of states that already hold the technology. At the same time, though, it is essential - both for the countries under consideration and for the international community as a whole - that any country undertaking a civil nuclear programme is not only willing but also capable of meeting essential requirements regarding safety, security, non-proliferation and protection of the environment for future generations. Similarly, the countries in question are confronted with the challenges of finding financing, obtaining access to the technology and the latest research, and training people to satisfactorily conduct their projects. This is why France has expressed its willingness to assist any country wishing to use nuclear technology for peaceful purposes which fully abide by their non proliferation obligations. The International Conference on Access to Civil Nuclear Energy, to be held in Paris on 8 and 9 March 2010, addresses this goal, namely to promote the peaceful and responsible use of nuclear power. It aims to enable debate on every aspect of developing a nuclear programme and on ways of using bilateral and multilateral cooperation to help countries wishing to embark on such a course to fulfill their international obligations. It will provide for a discussion forum for all of the stakeholders: government policy-makers, executives from the international organisations involved in drawing up and monitoring compliance with the regulatory framework, the managers of industrial companies in the sector and of financial establishments, the heads of research and training bodies, and qualified public figures involved in the debate. The conference programme includes several types of sessions: - Opening and

Access to justice: evaluating law, health and human rights programmes in Kenya.

Science.gov (United States)

Gruskin, Sofia; Safreed-Harmon, Kelly; Ezer, Tamar; Gathumbi, Anne; Cohen, Jonathan; Kameri-Mbote, Patricia

2013-11-13

In Kenya, human rights violations have a marked impact on the health of people living with HIV. Integrating legal literacy and legal services into healthcare appears to be an effective strategy to empower vulnerable groups and address underlying determinants of health. We carried out an evaluation to collect evidence about the impact of legal empowerment programmes on health and human rights. The evaluation focused on Open Society Foundation-supported legal integration activities at four sites: the Academic Model of Providing Access to Healthcare (AMPATH) facility, where the Legal Aid Centre of Eldoret (LACE) operates, in Eldoret; Kenyatta National Hospital's Gender-based Violence Recovery Centre, which hosts the COVAW legal integration program; and Christian Health Association of Kenya (CHAK) facilities in Mombasa and Naivasha. In consultation with the organizations implementing the programs, we designed a conceptual logic model grounded in human rights principles, identified relevant indicators and then coded structure, process and outcome indicators for the rights-related principles they reflect. The evaluation included a resource assessment questionnaire, a review of program records and routine data, and semi-structured interviews and focus group discussions with clients and service providers. Data were collected in May-August 2010 and April-June 2011. Clients showed a notable increase in practical knowledge and awareness about how to access legal aid and claim their rights, as well as an enhanced ability to communicate with healthcare providers and to improve their access to healthcare and justice. In turn, providers became more adept at identifying human rights violations and other legal difficulties, which enabled them to give clients basic information about their rights, refer them to legal aid and assist them in accessing needed support. Methodological challenges in evaluating such activities point to the need to strengthen rights-oriented evaluation

Amistad Symposium on Southern Civil Rights Litigation Records for the 1960s (New Orleans, Louisiana, December 8-9, 1978).

Science.gov (United States)

Dillard Univ., New Orleans, LA. Armistad Research Center.

This report contains transcripts of speeches given at the Amistad Symposium by lawyers, judges, and others active in the civil rights movement since the 1960s. Speakers include Clifton Johnson, J. Skelly Wright, John P. Nelson, Edwin King, Fred L. Banks, Jr., Lawrence A. Aschenbrenner, Frank R. Parker, Henry Schwarzschild, and Richard B. Sobol.…

Sustainable access to safe drinking water: fundamental human right in the international and national scene

Directory of Open Access Journals (Sweden)

Celso Maran de Oliveira

2017-12-01

Full Text Available Access to potable water is absolutely essential to the maintenance of life, as well as to provide regular exercise of other human rights. The lack of access to water in sufficient quantity or access to non-potable water may cause serious and irreparable damage to people. This paper investigates the evolution of international and national recognition of this fundamental human right, whether implicit or explicit. This was accomplished by the study of international human rights treaties, bibliographic information on water resources and their corresponding legal systems, national and international. The results suggest that sustainable access to drinking water is a fundamental human right in the context of international relations and the State. Further, even without explicitly stating this right in the Constitution of 1988, Brazil has incorporated the main international provisions on the subject, but this right must be acknowledged according to the principles of non-typical fundamental rights and the dignity of the human person. This right should be universally guaranteed by the Government in sufficient quantity and quality, regardless of the economic resources of individuals.

Same-Sex Marriages (or Civil Unions/Registered Partnerships in Slovak Constitutional Law: Challenges and possibilities

Directory of Open Access Journals (Sweden)

Marián Sekerák

2017-01-01

Full Text Available In February 2015, Slovakia held a referendum ʻfor the protection of the traditional family.ʼ It was indirectly aimed against the potential legalization of same-sex marriages or civil unions. Owing to the initiative of the Slovak President, the Constitutional Court of the Slovak Republic (CCSR reviewed four proposed referendum questions, while one of them was later declared unconstitutional. I attempt to point out the flaws in the CCSR’s judgment while looking for an argumentation in favour of the recognition of same-sex marriages/civil unions. I argue that Slovak constitutional law provides several principles for such recognition, which include: civic equality, similarity, equal access, democratic state, and the right to privacy. These principles are compared with the recent ground-breaking judgments of the US Supreme Court and the European Court of Human Rights. Finally, I briefly scrutinise the objection that recognising a right for same-sex unions means excessive judicial activism and judicializes politics.

Civil liberties and nuclear terrorism

International Nuclear Information System (INIS)

Goldberg, S.

1987-01-01

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

Access to justice in the Convention on Rights system

NARCIS (Netherlands)

Gerards, J.H.; Glas, L.R.

2017-01-01

The numerous reforms to the Convention system of the past two decades have unquestionably had an effect on applicants’ means to access justice in the system. It is, however, open to question how these changes should be evaluated: with reference to the individual right to petition, or with reference

Rhetoric of civil conflict management: United Nations Security Council debates over the Syrian civil war

Directory of Open Access Journals (Sweden)

Juraj Medzihorsky

2017-04-01

Full Text Available This paper introduces a spatial model of civil conflict management rhetoric to explore how the emerging norm of responsibility to protect shapes major power rhetorical responses to civil war. Using framing theory, we argue that responsibility to protect functions like a prescriptive norm, such that representing a conflict as one of (1 human rights violations (problem definition, implies rhetorical support for (2 coercive outside intervention (solution identification. These dimensions reflect the problem-solution form of a prescriptive norm. Using dictionary scaling with a dynamic model, we analyze the positions of UN Security Council members in debates over the Syrian Civil War separately for each dimension. We find that the permanent members who emphasized human rights violations also used intervention rhetoric (UK, France, and the US, and those who did not used non-intervention rhetoric (Russia and China. We conclude that, while not a fully consolidated norm, responsibility to protect appears to have structured major power rhetorical responses to the Syrian Civil War.

RIGHT TO ACCESS INFORMATION IN DECENTRALIZED INDONESIA: A SOCIO-LEGAL INQUIRY

Directory of Open Access Journals (Sweden)

Herlambang Perdana Wiratraman

2015-08-01

Full Text Available Indonesia is no longer an authoritarian country, and no longer centralized government. Decentralization processes since 1999 has changed local democratization in a wider participation. Nevertheless, the culture of openness and incorrupt have been far from the more ideal situation. Bribery, corruption and unresponsive public services have been continuously and more systematic taking place. In that context, the Government of Indonesia enacted Law No. 14 of 2008 concerning Public Information Openness (Keterbukaan Informasi Publik or called PIO Law, which is implemented since 30 April 2010. The PIO law is believed to contribute to the better decentralization processes and economic-political democratization at local level. Nevertheless, although right to access information was guaranteed by law, but it has been applied in limited process. Such situation actually gives clear evidence that decentralized Indonesia should be questioned, especially in terms of how the right to access information has been applied in a meaningful way after the enactment PIO Law in 2008 and, what the dominant problems in implementing right to access information are. This article will elaborate the norms and practices of PIO Law by using the rule of law point of view.

The Fragmented Evolution of Racial Integration since the Civil Rights Movement

Directory of Open Access Journals (Sweden)

Michael D.M. Bader

2016-03-01

Full Text Available We argue that existing studies underestimate the degree to which racial change leads to residential segregation in post-Civil Rights American neighborhoods. This is because previous studies only measure the presence of racial groups in neighborhoods, not the degree of integration among those groups. As a result, those studies do not detect gradual racial succession that ends in racially segregated neighborhoods. We demonstrate how a new approach based on growth mixture models can be used to identify patterns of racial change that distinguish between durable integration and gradual racial succession. We use this approach to identify common trajectories of neighborhood racial change among blacks, whites, Latinos, and Asians from 1970 to 2010 in the New York, Los Angeles, Chicago, and Houston metropolitan areas. We show that many nominally integrated neighborhoods have experienced gradual succession. For blacks, this succession has caused the gradual concentric diffusion of the ghetto; in contrast, Latino and Asian growth has dispersed throughout both cities and suburbs in the metropolitan areas. Durable integration has come about largely in the suburbs.

THE LEGAL PROBLEMS OF ESTABLISHING THE ADDITIONAL GUARANTEES OF REALIZATION OF CONSTITUTIONAL HUMAN AND CIVIL RIGHTS AND FREEDOMS BY THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION

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Alexander Chuklin

2017-01-01

Full Text Available The subject. The article focuses on the need to improve legislative and law enforcement activities related to the consolidation of constituent entities of the Russian Federation additional guarantees of realization of constitutional human and civil rights and freedoms.The purpose of the article is to identify main ways of improvement the legal regulation additional guarantees of realization of constitutional human and civil rights and freedoms by the constituent entities of the Russian Federation.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method.The results and scope of application. The lack of unity in understanding the essence of additional guarantees of realization of rights and freedoms requires not only theoretical analysis of this legal category, but a consistent system of the legislation, and corresponding to the system of law enforcement practice. The legal establishment of the additional guarantees of realization of constitutional human and civil rights and freedoms, due solely to the will of the legislator of a constituent entitiy of the Russian Federation aimed at the concretization of constitutional rights and freedoms as well as of the security mechanisms (legal conditions, means of the implementation of these rights. Features of development of the corresponding constituent entitiy of the Russian Federation should be taken into account.One of the main directions of improvement of legal regulation in this field is legislative recognition of additional guarantees of realization of constitutional human and civil rights and freedoms established by the constituent entities of the Russian Federation. This concept should be reflected in the Federal law of October 6, 1999 No. 184-FZ "On General principles of organization of legislative (representative and executive bodies of state power of constituent entities of the Russian Federation", as well as in the constitutions (charters

Judicialization of Health Policy in the Definition of Access to Public Goods: Individual Rights versus Collective Rights

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Telma Maria Gonçalves Menicucci

2010-06-01

Full Text Available The article analyses a form of judicialization of public policies in the health field. It has as its object lawsuits initiated against Belo Horizonte Municipality arguing for the provision of services or the acquisition of inputs not obtained in the public system via institutional access routes. The argument is that the individualized quest for the guarantee of the right to healthcare via the judicial path is a form of reproduction of the tensions produced in democratic societies between the social and the individual conceptions of citizenship. By ensuring access to goods by means of individual suits, the Judiciary interferes in the making of public choices taken on by public-sector managers, thus regulating opportunities for consumption according to a concentrating logic. And so the assertion of a constitutional right superposes the political right of the majority, represented by the Executive, to make choices as to the goods that are the object of public policies, with a relatively significant financial and budgetary impact.

Human rights versus legal control over women's reproductive self-determination.

Science.gov (United States)

Uberoi, Diya; de Bruyn, Maria

2013-06-14

States have a duty under international human rights law to protect people's health. Nonetheless, while some health-related policies and laws protect basic human rights, others violate fundamental rights when they criminalize, prohibit, and restrict access to necessary health services. For example, laws and regulations related to protection of life from conception, contraception, actions of pregnant women, and abortion can harm women and place women and health care providers in jeopardy of legal penalization. Given the adverse consequences of punitive and restrictive laws related to pregnancy, advocates, civil society groups, human rights groups, and government institutions must work together to promote, protect, and fulfill women's fundamental reproductive rights. Copyright © 2013 Uberoi and de Bruyn. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

Judicial civil procedure dragging out in Kosovo

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Rrustem Qehaja

2016-03-01

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.

Civil engineering challenge with nuclear waste

International Nuclear Information System (INIS)

Day, D.

1985-01-01

The civil engineer can help to solve the problems in disposing of nuclear waste in a deep geologic formation. The site for a nuclear waste repository must be carefully selected so that the geology provides the natural barrier between the waste and the accessible environment specified by the NRC and the EPA. This engineer is familiar with the needed structure and conditions of the host and surrounding rocks, and also the hydraulic mechanisms for limiting the migration of water in the rocks. To dispose of the nuclear waste underground requires stable and long-lasting shafts and tunnels such as civil engineers have designed and constructed for many other uses. The planning, design and construction of the ground surface facilities for a nuclear waste repository involves civil engineering in many ways. The transporation of heavy, metal shielded casks requires special attention to the system of highways and railroads accessing the repository. Structures for handling the shipping casks and transferring the waste onsite and into the deep geologic formation need special considerations. The structures must provide the NRC required containment, including hot cells for remote handling. Therefore, structural design strives for buildings, ventilation structures, shaft headframes, etc., to be earthquake and tornado-proof. These important design bases and considerations for the civil engineer working on a nuclear waste repository are discussed in this paper

PUBLIC ACCESS TO PRIVATE LAND IN SCOTLAND

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David L Carey Miller

2012-08-01

Full Text Available This article attempts to understand the radical reform of Scottish land law in its provision for a general right of public access to private land introduced in 2003 as part of land reform legislation, an important aspect of the initial agenda of the Scottish Parliament revived in 1999. The right is to recreational access for a limited period and the right to cross land. Access can be taken only on foot or by horse or bicycle. As a starting point clarification of the misunderstood pre-reform position is attempted. The essential point is that Scots common law does not give civil damages for a simple act of trespass (as English law does but only a right to obtain removal of the trespasser. Under the reforms the longstanding Scottish position of landowners allowing walkers access to the hills and mountains becomes a legal right. A critical aspect of the new right is that it is one of responsible access; provided a landowner co-operates with the spirit and system of the Act access can be denied on the basis that it is not being exercised responsibly. But the onus is on the landowner to show that the exercise of the right is not responsible.Although the right applies to all land a general exception protects the privacy of a domestic dwelling. Early case law suggests that the scope of this limit depends upon particular circumstances although reasonable 'garden ground' is likely to be protected. There are various particular limits such as school land.Compliance with the protection of property under the European Convention on Human Rights is discussed. The article emphasises the latitude, open to nations, for limitations to the right of ownership in land in the public interest. The extent of the Scottish access inroad illustrates this. This leads to the conclusion that 'land governance' – the subject of the Potchefstroom Conference at which the paper was initially presented – largely remains a matter for domestic law; the lex situs concept is alive

Congress' Record on Civil Rights

Science.gov (United States)

Javits, Jacob

1975-01-01

This testimony, before a public hearing of the New York City Commission on Human Rights in May 1974, focuses on the Voting Rights Act--a law, extended in 1970, which provided for federal registrars in any state or county having a substantial minority population and a literacy test where voter participation fell below 50 percent-which is due to…

Neglected Population, Neglected Right: Children Living with HIV and the Right to Science.

Science.gov (United States)

Scanlon, Michael L; MacNaughton, Gillian; Sprague, Courtenay

2017-12-01

The laws, language, and tools of human rights have been instrumental in expanding access to lifesaving treatment for people living with HIV. Children, however, remain a neglected population, as evidenced by inadequate child-specific and child-friendly HIV treatment options. In this article, we explore the right to science, a potentially powerful but underdeveloped right in international law, and its application to research and development for pediatric HIV treatment. Drawing on reports of human rights bodies and scholars and applying the human rights typology of state obligations to respect, protect, and fulfill, we argue that states have five core obligations related to research and development for child-specific and child-friendly treatment: (1) adopting a public goods approach to science and science policy; (2) including and protecting children in research activities; (3) adopting legal and policy frameworks to support research and development through public funding and private sector incentives; (4) promoting international cooperation and assistance; and (5) ensuring the participation of marginalized communities in decision-making processes. In concluding, we make a number of recommendations for states, human rights bodies, international organizations, civil society, and private industry to further develop and implement the right to science.

Civil Procedure In Denmark

DEFF Research Database (Denmark)

Werlauff, Erik

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......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...

Conflict between civil liberties and nuclear energy safeguards: an analysis of current and prospective Federal regulation

International Nuclear Information System (INIS)

O'Brien, J.N.

1977-01-01

The high regard that the U.S. has traditionally placed on individual rights and liberties makes it imperative that nuclear-safeguards measures currently in use or suggested by evaluated in terms of their social costs. A nuclear-safeguards strategy that minimizes civil-liberties impacts as a social cost and allows adequate protection against the threats of nuclear theft and sabotage in the rapidly developing nuclear energy industry must be arrived at. This study explores the possible civil-liberties impacts and the effectiveness of nuclear-safeguards measures which may be or are being used. Case law and statutory law are extensively analyzed to classify the type of civil-liberties impacts that particular nuclear-safeguards measures may impose. Literature addressing the effectiveness of safeguards measures is examined in various contexts often completely outside of the ''security'' disciplines. A comparison of both the civil liberties impact and effectiveness of each nuclear safeguards measure reveals a cost/benefit factor from which conclusions may be drawn. The real issue is whether or not a nuclear safeguards system will interfere with historic respect governmental institutions have given rights and liberties guaranteed in the U.S. It is concluded that physical access controls present only minor civil liberties costs while providing substantial protection against theft and sabotage. Recommendations are made in the form of suggested statutes, regulations, and regulatory guides. Certain inter-agency relationships and methods for establishing those relationships are also suggested

The right to appeal under the constitution of Albania and court jurisdiction

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Donika Plakolli

2017-03-01

Full Text Available The right to appeal is both a fundamental human right and a procedural tool, whereby parties exercise examination of the lawfulness of court rulings, etc. The constitution of the Republic of Albania, 1 approved in 1998, expressly provides for and guarantees the right to file an appeal. Unlike other rights, this fundamental right was not restricted, being in accordance with Article 17 of the Constitution, except for cases otherwise provided in the Constitution. In accordance with this constitutional right and guarantee, all codes of administrative procedures, civil and criminal procedure, provided for and widely guaranteed the exercise of the right to file an appeal. This absence of restriction of the right to fi le an appeal brought about an overload of court cases and trial delays, thus making the completion of the adjudication within a reasonable deadline uncertain. As a result, there rose the necessity to limit this right in the Constitution of the Republic of Albania. The amendments to the Constitution by Law no. 76/2016 also limited the right to fi le an appeal under Article 17 of the Constitution. However, these amendments were not complete, as they did not entail the exercise of the right to file an appeal against decisions of administrative authorities. The jurisdiction of the Constitutional Court of Albania is a guarantee of the right to appeal/effective access in the civil and administrative process, although slightly controversial in the criminal process. However, positive developments regarding the guarantee of effective access to the court have recently occurred. Even in the broad jurisdiction of the European Court of Human Rights, when cases from Albania have been adjudicated, violations of the right to effective appeal have been observed in the criminal process.

Lesbian, gay, and bisexual individuals' psychological reactions to amendments denying access to civil marriage.

Science.gov (United States)

Rostosky, Sharon Scales; Riggle, Ellen D B; Horne, Sharon G; Denton, F Nicholas; Huellemeier, Julia Darnell

2010-07-01

Political campaigns to deny same-sex couples the right to civil marriage have been demonstrated to increase minority stress and psychological distress in lesbian, gay, and bisexual (LGB) individuals (S. S. Rostosky, E. D. B. Riggle, S. G. Horne, & A. D. Miller, 2009). To further explicate the psychological reactions of LGB individuals to marriage amendment campaigns, a content analysis was conducted of open-ended responses from 300 participants in a national online survey that was conducted immediately following the November 2006 election. LGB individuals indicated that they felt indignant about discrimination; distressed by the negative rhetoric surrounding the campaigns; fearful and anxious about protecting their relationships and families; blaming of institutionalized religion, ignorance, conservative politicians, and the ineffective political strategies used by LGBT organizers; hopeless and resigned; and, finally, hopeful, optimistic, and determined to keep fighting for justice and equal rights. These 7 themes are illustrated and discussed in light of their implications for conceptualizing and intervening to address discrimination and its negative psychological effects.

OpenCourseWare, Global Access and the Right to Education: Real access or marketing ploy?

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Henk Huijser

2008-02-01

Full Text Available This paper explores the potential opportunities that OpenCourseWare (OCW offers in providing wider access to tertiary education, based on the ideal of ‘the right to education’. It first discusses the wider implications of OCW, and its underlying philosophy, before using a case study of a tertiary preparation program (TPP at the University of Southern Queensland (USQ to draw out the issues involved in offering a program that is created in a particular national and social context on a global scale. This paper draws specific attention to the digital divide, its effects in national and global contexts, and the particular obstacles this presents with regards to OCW. This paper argues that OCW provides many opportunities, both in terms of access to education and in terms of student recruitment and marketing for universities. To take full advantage of those opportunities, however, requires a concerted effort on the part of tertiary education institutions, and it requires a vision that is fundamentally informed by, and committed to, the principle of ‘the right to education’.

Shareholders rights and remedies (comparative law perspective

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Yuliya Lapina

2016-11-01

Full Text Available The main aim is to discuss shareholder rights protection in Ukraine and Germany, which have the same Civil law legal system. Our contribution outlines, systemizes and accesses approaches how critical and weak issues in the area of shareholder protection are resolved in both countries using the mechanisms of corporate governance. Using Germany as a benchmark, the paper identifies that the most important and efficient mechanisms of shareholders rights protection, which can be implemented in Ukrainian companies are the following: principle of equal treatment and duty of loyalty which should be fixed in the legislation; enhancing the role of the National Securities and Stock Market Commission; introduction of the derivative suit system.

The scope of obligatory civil liability insurance of entities conducting medical activities and liability for damages resulting from violations of patients’ rights in the Polish law

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Anna Augustynowicz

2018-04-01

Full Text Available Abstract: In the elaboration, the objective scope of obligatory civil liability insurance of entities conducting medical activities in the context of protection from damages resulting from violations of patients’ rights was presented. Based on art. 25 sec. 1 of the Act on Medical Activity, insurance protection covers damages that are the result of the provision of medical services or an illegal omission to provide them. It concerns consequences of erroneous actions related to the provision of medical services as well as damages occurring as a result of an unjustified refusal to provide a medical service or premature cessation of the provision of services if there was an objective prerequisite to continue them driven by medical grounds. The objective scope of insurance protection resulting from obligatory civil liability insurance of an entity conducting medical activities does not apply – as a rule – to damages resulting from violations of patients’ rights. It cannot be considered that a damage related to violation of a patient’s right constitutes a consequence of the provision of medical services or an illegal omission of the provisions of medical services. Such damage is a consequence of a violation of the patient’s right. Financial consequences of patients’ claims resulting from violations of patients’ rights will be borne by entities conducting medical activities. If a patient requests a financial redress, its payment will not be made from the obligatory civil liability insurance policy. The violation of patient’s right to medical services constitutes the only exception.

Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part IV--Sport Groups

Science.gov (United States)

Lieberman, Lauren; Lucas, Mark; Jones, Jeffery; Humphreys, Dan; Cody, Ann; Vaughn, Bev; Storms, Tommie

2013-01-01

"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…

The Evangelical Covenant Church’s Response to the Civil Rights Movement, 1963–1968

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Ramelia Williams

2016-08-01

Full Text Available In this article I examine whether denominational resolutions on racial relations were in fact increasingly followed by action during the civil rights era. Focusing on the years 1963–1968, my study begins by considering broad denominational engagement through attention to the work of the Christian Citizenship Committee and to Covenant publications. Two congregational case studies follow. After briefer attention to Community Covenant Church of Minneapolis, I consider North Park Covenant Church of Chicago as an in-depth case study, enabled by extensive archival records housed at the Covenant Archives and Historical Library. My research bears witness to the leadership of the Holy Spirit in the church and denominational leaders that defied the status quo and proclaimed through their actions the presence of the kingdom of God on earth.

Civil legal responsibility for environmental pollution

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Pajtić Bojan L.

2015-01-01

Full Text Available Serbia's EU accession process has actualised the need to harmonise our legislation with the common legal regulations of the European community of nations. The accelerated economic growth produces environmental challenges associated with harmful emissions. This paper gives an account of international declarations, conventions, directives and other state and civil society instruments of legal protection against the environmental damage. A special focus is placed on our positive legislation and enforcement of legal regulations in ensuring the civil legal responsibility, i.e. prevention of the occurrence of damage and indemnification for the damage caused.

Maintaining presence : Catholic aid agencies in Sri Lanka's civil war − towards a socio-theoretical perspective to humanitarian access and power

OpenAIRE

Mustonen, Anni

2017-01-01

Maintaining presence and proximity is an increasing challenge for humanitarian agencies. The final phase of Sri Lanka’s civil war (1983-2009) was characterised by humanitarian crisis. The government of Sri Lanka denounced a demarcated safe zone in Vanni, the Northern Province of Sri Lanka, claiming it was providing a haven for civilians but prohibited humanitarian agencies accessing the area. In my research, I focused on the Catholic aid agencies who were authorised to remain or to pay s...

THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RIGHTS RELATED TO ARTICLE 6 UNDER THE ECHR JURISPRUDENCE: INDIPENDENT AND IMPARTIAL TRIBUNAL ESTABLISHED BY LAW

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Elena ANDREEVSKA

2014-05-01

Full Text Available Access to justice is a core fundamental right and a central concept in the broader field of justice. The case-law of the European Court of Human Rights on Article 6 is a complex body of rules. Article 6 of the Convention was inspired by Article 10 and 11(1 of the Universal Declaration of Human rights of 1948. It has also its counterpart – with minor differences in Article 14 of the International Covenant on Civil and Political Rights on 1966. Article 6, which guarantees the right to fair trial, occupies a central place in the system of the Convention. it is a generally agreed that this provision is the most frequently cited one of the Convention, both at the national and international levels. This Article contains a variety of rights which are all related to the good administration of justice, not only criminal, but also in the civil and administrative matters. The ‘independent and impartial tribunal established by law’ is one of textual elements of the Fair Trial Right, as long as it has direct and explicit expression in the text of Convention. Even in simple logical way it can be considered as a suite of requirements referring to 1 the notion of tribunal 2 its attribute of being established by law 3 being independent and 4 being impartial.

Human Rights and the Global Fund to Fight AIDS, Tuberculosis and Malaria: How Does a Large Funder of Basic Health Services Meet the Challenge of Rights-Based Programs?

Science.gov (United States)

Jürgens, Ralf; Csete, Joanne; Lim, Hyeyoung; Timberlake, Susan; Smith, Matthew

2017-12-01

The Global Fund to Fight AIDS, Tuberculosis and Malaria was created to greatly expand access to basic services to address the three diseases in its name. From its beginnings, its governance embodied some human rights principles: civil society is represented on its board, and the country coordination mechanisms that oversee funding requests to the Global Fund include representatives of people affected by the diseases. The Global Fund's core strategies recognize that the health services it supports would not be effective or cost-effective without efforts to reduce human rights-related barriers to access and utilization of health services, particularly those faced by socially marginalized and criminalized persons. Basic human rights elements were written into Global Fund grant agreements, and various technical support measures encouraged the inclusion in funding requests of programs to reduce human rights-related barriers. A five-year initiative to provide intensive technical and financial support for the scaling up of programs to reduce these barriers in 20 countries is ongoing.

Regulatory assessment of proposed accessibility guidelines for pedestrians in the public right-of-way

Science.gov (United States)

2011-06-30

This report assesses the potential costs and benefits of proposed accessibility guidelines issued by the Access Board for pedestrian facilities in the public right-of-way. The report also analyzes the potential impacts of the proposed guidelines on s...

EUROPEAN CIVIL CODE BETWEEN DESIDERATUM AND REALITY

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Liviu-Bogdan Ciucă

2015-11-01

Full Text Available The principle of priority and direct application of European rules in relation to the provisions that we find in the national legislation, once assumed at European level, it has generated debates and concerns about the usefulness of a single legal act in private law matters. The idea of European Civil Code, appeared somewhere in the early 80s, is becoming more current and triggers a justified and sustained interest. Considering that the civil legislation of Community Member is a legislation dominated by tradition and peculiarities of culture, religion and temper, the issue of a European Civil Code forms as a project generating discussions, restraints and even rejec tions of the Member States in relation to this proposal. The current system of European legislative acts that apply immediately and priority in EU member states remains only a temporary solution and which generates difficulties in interpretation and affects the utility of the enactment. Clarifications on the pros and cons to promote a European Civil Codex will be analyzed primarily in terms of law and, last but not least in terms of political perspective, taking into account the Community objectives undertaken by accession treaties and the need for a legislative norm, especially European, to be predictable, transparent, useful and accessible. This paper intends to submit to debate both current doctrinal arguments, the blocking of such an approach, based on the principle of autonomy and the peculiarities of the legal system of each Member State, but also considering the practical arguments and of simplification of rules met in a European Civil Code assumed and applicable in the European space.

Human Rights and the Global Fund to Fight AIDS, Tuberculosis and Malaria

Science.gov (United States)

Jürgens, Ralf; Lim, Hyeyoung; Timberlake, Susan; Smith, Matthew

2017-01-01

Abstract The Global Fund to Fight AIDS, Tuberculosis and Malaria was created to greatly expand access to basic services to address the three diseases in its name. From its beginnings, its governance embodied some human rights principles: civil society is represented on its board, and the country coordination mechanisms that oversee funding requests to the Global Fund include representatives of people affected by the diseases. The Global Fund’s core strategies recognize that the health services it supports would not be effective or cost-effective without efforts to reduce human rights-related barriers to access and utilization of health services, particularly those faced by socially marginalized and criminalized persons. Basic human rights elements were written into Global Fund grant agreements, and various technical support measures encouraged the inclusion in funding requests of programs to reduce human rights-related barriers. A five-year initiative to provide intensive technical and financial support for the scaling up of programs to reduce these barriers in 20 countries is ongoing. PMID:29302175

Accessing indigenous land rights through claims in Taroko Area, Eastern Taiwan

NARCIS (Netherlands)

Lo, Yung-Ching

2013-01-01

The thesis explores how indigenous people access land rights through claims. Land claims happens on the encounters between different regimes of property. The authors found indigenous people have many ways to express their land claims since Japanese time. There are individual claims on lands like

Homeland Security and Civil Liberties

National Research Council Canada - National Science Library

Wong, Leonard; Lovelace, Douglas C., Jr

2004-01-01

.... The conference examined national security issues related to civil liberties, immigration policy, privacy issues, first amendment rights, and the balance of executive and judicial power in relation...

Acoustic environments that support equally accessible oral higher education as a human right

NARCIS (Netherlands)

Van Den Heuij, Kirsten M.L.; Neijenhuis, Karin; Coene, Martine

Purpose: People have the right to freedom of opinion and expression, as defined in Article 19 of the Universal Declaration of Human Rights. Higher education plays a major role in helping students to develop and express their own opinions and, therefore, should be equally accessible to all. This

2014 - 2015 Civil Affairs Issue Papers: The Future of Civil Affairs

Science.gov (United States)

2015-02-18

companies. Included is a request for a SME on zoonotic diseases to help with a strange virus effecting goat herds in Beledweyne, a call for advice from a...local veterinary officer orders the right medication to treat the goats , the water plant manager or- ders the right pumps to improve agricultural...Since most CIM RFI deal with longer term civil sector challenges such as agri- cultural, farming , and education questions, responses are not

Ensuring Equal Access to High-Quality Education. Revised

Science.gov (United States)

Office for Civil Rights, US Department of Education, 2011

2011-01-01

The Office for Civil Rights (OCR) in the U.S. Department of Education (Department) is a law enforcement agency charged with enforcing federal civil rights laws to ensure that educational institutions receiving federal financial assistance do not engage in discriminatory conduct. OCR enforces the federal civil rights laws that prohibit…

A constitutional analysis of the right of action in the brazilian civil suit Uma análise constitucional do direito de ação no processo civil brasileiro

Directory of Open Access Journals (Sweden)

Márcia Regina Pitta Lopes Aquino

2006-12-01

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.

Access to Justice in the European Convention on Human Rights System

NARCIS (Netherlands)

Glas, L.R.; Gerards, J.H.

2017-01-01

The numerous reforms to the Convention system of the past two decades have unquestionably had an effect on applicants’ means to access justice in the system. It is, however, open to question how these changes should be evaluated: with reference to the individual right to petition, or with reference

The right of access to sufficient water in South Africa: How far have ...

African Journals Online (AJOL)

It has become internationally recognised that the right of access to water is fundamental to life and health. Furthermore, it is indispensable for leading a life of human dignity.The South African Constitution expressly recognises this right. This paper examines to what extent the South African government has met its obligation ...

Political Participation of Mexican Americans in California. A Report of the California State Advisory Committee to the United States Commission on Civil Rights.

Science.gov (United States)

California State Advisory Committee to the United States Commission on Civil Rights.

The California State Advisory Committee to the U.S. Commission on Civil Rights met on January 21-22, 1971, to discuss the political participation of Mexican Americans. This paper presents the committee's discussion and recommendations. Matters that are pertinent to the participation of Mexican Americans in the Political life of California are…

Eu accession to the ECHR: Enlarging the human rights protection in Europe

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Krstić Ivana

2016-01-01

Full Text Available This paper deals with the importance of the EU accession to the ECHR, as the most significant regional instrument for human rights protection. The paper outlines the evolution of the idea of the accession to the ECHR, different stages of that process, as well as a Draft agreement which attempted to resolve some complex legal issues relating to the specific nature of the EU legal system. In the second part of this paper, the Opinion 2/13 of the CJEU from December 2014 has been analyzed, which basically interrupted the entire accession process. It is noted that currently the ECtHR has only an indirect constitutional control over the EU's legal order by examining laws of the Member States. The EU accession to the ECHR would allow examination of all acts and measures in the EU from the human rights perspective, including those over which the CJEU does not have full oversight function. Therefore, the authors argue that due to the establishment of legal certainty and external control over acts of the EU institutions, it is necessary to find a way for the continuation of the accession process, as soon as possible. There are two possible scenarios: a re-negotiation of the agreement on accession, or modification of the EU Treaties. Both solutions seem almost impossible in the created political milieu. However, there is a hope that negotiations will continue due to the influence of the Avotiņš judgment from May 2016 in which the ECtHR upheld the principle of equal protection from the Bosphorus case, pointing to the importance of maintaining mutual trust between two courts, as well as the need for the establishment of greater credibility and EU strengthening after Brexit.

CIVIL PROTECTION MECHANISM OF THE ASSIGNEE RIGHTS BASED ON THE PATENT CLAIM

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N. V. Marchenko

2014-04-01

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

How Bioethics is Complementing Human Rights in Realizing Health Access for Clinical Trial Participants: The Case of Formative PrEP Access in South Africa.

Science.gov (United States)

Singh, Jerome

2015-06-11

Following the demise of apartheid, human rights in South Africa are now constitutionally enshrined.The right to health in South Africa's Constitution has been credited with transforming the lives of millions of people by triggering programmatic reforms in HIV treatment and the prevention of mother to child transmission (MTCT) of HIV.However, a constitutionally enshrined right to health offers no guarantee that clinical trial participants will enjoy post-trial access to beneficial interventions. Using access to HIV pre-exposure prophylaxis (PrEP) in South Africa as an example, this paper argues that adherence to bioethics norms could realize the right to health for trial participants following the end of a clinical trial. Copyright 2015 Singh. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

Sustainability and public access to nature: Contesting the right to roam

Science.gov (United States)

Daniel R. Williams

2001-01-01

This paper discusses the importance of cultural and institutional differences in rights of access to nature for sustainable tourism management. Drawing on the insights from the papers contained in this issue of the Journal of Sustainable Tourism, this introduction highlights two overarching themes. The first is the ambiguous/problematic role of science...

Images of war: using satellite images for human rights monitoring in Turkish Kurdistan.

Science.gov (United States)

de Vos, Hugo; Jongerden, Joost; van Etten, Jacob

2008-09-01

In areas of war and armed conflict it is difficult to get trustworthy and coherent information. Civil society and human rights groups often face problems of dealing with fragmented witness reports, disinformation of war propaganda, and difficult direct access to these areas. Turkish Kurdistan was used as a case study of armed conflict to evaluate the potential use of satellite images for verification of witness reports collected by human rights groups. The Turkish army was reported to be burning forests, fields and villages as a strategy in the conflict against guerrilla uprising. This paper concludes that satellite images are useful to validate witness reports of forest fires. Even though the use of this technology for human rights groups will depend on some feasibility factors such as prices, access and expertise, the images proved to be key for analysis of spatial aspects of conflict and valuable for reconstructing a more trustworthy picture.

Ten years of negotiating rights around maternal health in Uttar Pradesh, India.

Science.gov (United States)

Dasgupta, Jashodhara

2011-12-16

Preventable maternal mortality and morbidity have been globally recognized as human rights issues. Maternal mortality in India is among the highest in the world, and reflects inequity in access to healthcare: women from certain states as well as poorer women and less literate women appear to be significantly disadvantaged. The government of India has been attempting to improve maternal outcomes through a cash transfer within the National Rural Health Mission to encourage women to come to hospitals for childbirth. This paper reviews documents of the last ten years describing the experiences of a Non-Governmental Organisation, SAHAYOG, in working with a civil society platform, the Healthwatch Forum, to develop 'rights based' strategies around maternal health. The paper builds an analysis using recent frameworks on accountability and gendered rights claiming to examine these experiences and draw out lessons regarding rights claiming strategies for poor women. The examination of documents over the last ten years indicates defined phases of development in the evolution of SAHAYOG's understanding and of the shifts in strategy among SAHAYOG and its close allies, and responses by the state. The first three stages depict the deepening of SAHAYOG's understanding of the manner in which poor and marginalized women negotiate their access to health care; the fourth stage explores a health system intervention and the challenges of working from within civil society in alliance with poor and marginalized women. The findings from SAHAYOG's experiences with poor Dalit women in Uttar Pradesh reveal the elements of social exclusion within the health system that prevent poor and marginalized women from accessing effective lifesaving care. Creating a voice for the most marginalised and carving space for its articulation impacts upon the institutions and actors that have a duty to meet the claims being made. However, given the accountability deficit, the analysis indicates the importance

Access to health care as a human right in international policy: critical reflections and contemporary challenges.

Science.gov (United States)

Castillo, Camilo Hernán Manchola; Garrafa, Volnei; Cunha, Thiago; Hellmann, Fernando

2017-07-01

Using the United Nations (UN) and its subordinate body, the World Health Organization (WHO), as a frame of reference, this article explores access to healthcare as a human right in international intergovernmental policies. First, we look at how the theme of health is treated within the UN, focusing on the concept of global health. We then discuss the concept of global health from a human rights perspective and go on to outline the debate surrounding universal coverage versus universal access as a human right, addressing some important ethical questions. Thereafter, we discuss universal coverage versus universal access using the critical and constructivist theories of international relations as a frame of reference. Finally, it is concluded that, faced with the persistence of huge global health inequalities, the WHO began to reshape itself, leaving behind the notion of health as a human right and imposing the challenge of reducing the wide gap that separates international intergovernmental laws from reality.

The Analysis of the Pre-Emption Right under the Contract of Sale in the Regulation of New Civil Code

Directory of Open Access Journals (Sweden)

Mirela Costache

2011-05-01

Full Text Available 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, privatization, franchising, intellectual property. According to the analysis of the future legal deposition, it shows that pre-emption right may have as a source both the law and the contract, in this case it is referred to the legal and conventional right of pre-emption. We note also that, in light of the new regulations, the mechanism for exercising the right of pre-emption is similar to the one applicable to the right of preference. Objectives: The purpose of this paper is to focus on the usefulness of this new legislative measure designed to establish a proper legal support specific to the holder of this right in the conclusion of a contract in relation to third parties. Approach: This topic emphasizes the use of the following methods: observation, comparison and interpretation of laws.

Relationship between Security and Human Rights in Counter-Terrorism: A Case of Introducing Body Scanners in Civil Aviation

Directory of Open Access Journals (Sweden)

Prezelj Iztok

2015-12-01

Full Text Available 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. The paper’s results show that the concept of human security usefully integrates the care for human rights and security of individuals. The debate on the potential introduction of body scanners on the European airports was actually a debate on the ways of providing individual human security on the airports with simultaneous concern for other human rights. The output of this debate was a compromise: body scanners can be used at the discretion of individual airports and member states, but are not an obligatory measure on all European airports.

Global Standards of Market Civilization

DEFF Research Database (Denmark)

Global Standards of Market Civilization brings together leading scholars, representing a range of political views, to investigate how global 'standards of market civilization' have emerged, their justification, and their political, economic and social impact. Key chapters show how as the modern...... thought, as well as its historical application part II presents original case studies that demonstrate the emergence of such standards and explore the diffusion of liberal capitalist ideas through the global political economy and the consequences for development and governance; the International Monetary...... Fund's capacity to formulate a global standard of civilization in its reform programs; and problems in the development of the global trade, including the issue of intellectual property rights. This book will be of strong interest to students and scholars in wide range of fields relating to the study...

The Recognition and Enforcement of Foreign Judgements in Civil Cases in the Context of Practice of European Court of Human Rights

Directory of Open Access Journals (Sweden)

Тетяна Андріївна Цувіна

2017-09-01

Full Text Available The article addresses recognition and enforcement of foreign judgements in civil cases in the context of the practice of European Court of Human Rights. The conclusion is made, that European Court of Human Rights analyzes institute of recognition and enforcement of foreign judgements through such procedural rights as right to a fair trial (art. 6 ECHR and right to an effective remedy (art. 13 ECHR as long as such substantive conventional rights as right to protection pf property (art. 1 of the First Protocol to ECHR and right to respect for private and family life (art. 8 ECHR. It is considered that the main article through which this institute should be analyzed is art. 6 ECHR containing procedural guaranties of fair trial. According to the art. 13 ECHR the effective remedies of protection of the right to a fair trial in reasonable time should be provided at national level. Moreover reforms of this sphere of judicial practice should be done in accordance with art. 8 ECHR and art. 1 of the First Protocol to ECHR which provide specific substantive rights. All of the above mentioned aspects are analyzed in detail.

Challenging and Preventing Policies That Prohibit Local Civil Rights Protections for Lesbian, Gay, Bisexual, Transgender, and Queer People.

Science.gov (United States)

Pomeranz, Jennifer L

2018-01-01

Discrimination causes health inequities for stigmatized groups. Lesbian, gay, bisexual, transgender, and queer (LGBTQ) individuals, in particular, are at significantly increased risk for disparate health outcomes when they reside in states that fail to extend equal protections to them or that actively deprive equal rights to them. Several states and the federal government have proposed or enacted laws that permit residents to discriminate against LGBTQ individuals. One such law, Arkansas's Intrastate Commerce Improvement Act of 2015, preempts or prohibits local governments from enacting civil rights protections for LGBTQ individuals that are also lacking at the state level. State laws such as Arkansas's undermine local control, damage the economy, and create injustices that harm LGBTQ people. I set forth 2 constitutional arguments to challenge such laws, and I provide information to help advocates support evidence-based policymaking and prevent the passage of similar laws in their states.

The Human Right to Peace

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Carlos Villán Durán

2014-10-01

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.

Alternative Dispute Resolution ( ADR / ODR and Mitigation of Litigation in the Context of the New Code of Civil Procedure: A Shorter Path to Fair Legal System?

Directory of Open Access Journals (Sweden)

Leandro André Francisco Lima

2016-06-01

Full Text Available This study addresses the use of Alternative Dispute Resolution (ADR’s methods, owing to the new Civil Law Procedure Code, having as it’s theoretical framework the concept of access to justice as a Right to a fair Law system. It’s asked about the possibilities of using the alternative Online Dispute Resolution (ODR's tools by jurisdiction, provided by the information technology, in order to maximize the effects relating to that Right. The pertinence of this question is glimpsed in view of the broad society accession to the virtual life. It is used the hypothetical-deductive method. The research is theoretical, bibliographical and documentary.

Recourse right

International Nuclear Information System (INIS)

Lopes, M.R.M.

1979-01-01

The recourse right concerning nuclear power plants is analysed. It is emphasized that in the Brazilian civil liability legislation, the operator has this right against who admitted it through a written contract or against the individual who has acted or omitted to act whith the intent to provoke nuclear incidents. (A.L.S.L.) [pt

Contractual Penalty and the Right to Payment for Delays Caused by Force Majeure in Czech Civil Law under the New Civil Code

Directory of Open Access Journals (Sweden)

Janku Martin

2015-12-01

Full Text Available In the context of the conclusion of contracts between entrepreneurs under the Czech Civil Code, it is a relatively common arrangement that the parties disclaim any and all liability for damage arising from non-compliance with contractual obligations, if they can prove that this failure was due to an obstacle independent of their will. This circumstance excluding liability for the damage is called force majeure by the theory. In many countries this circumstance is ruled upon directly by the legislation (höhere Gewalt, vis major. The Czech regulations represented by the new Civil Code of 2012 (CivC, however, contains only a framework provision that mentions discharging reasons. The paper deals with the – rather disputable – issue that the force majeure does not affect the obligation to pay a contractual penalty under the new rules of the CivC. It should be therefore reflected in the arrangements for contractual penalties inter partes. To this effect the paper analyses the concepts of contractual penalties and force majeure in civil law legislation. Afterwards it compares their mutual relationship and impact on the obligations of the Contracting Parties. Finally, it draws recommendations for practice from the perspective of the contracting process.

Features of calculation of reasonable time of the trial in civil cases in the context of the practice of the European court of human rights

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Т. Цувіна

2015-11-01

Full Text Available Problem setting. European Convention of Human Rights (ECHR guarantees right to a fair trial within a reasonable time for everyone (par. 1 art. 6 ECHR. Reasonable time of the trial is an element of the right to a fair trial. One of the main directions for development of civil procedure in Ukraine is the implementation of international standards of fair trial, in particular standards of reasonable time of the trial. Recent research and publications analyses. Foreign and Ukrainian scientists such as Komarov V. V., Neshataeva T. M., Sakara N. U. and others in their works paid attention to different aspects of problems connected with the right to a fair trial within a reasonable time, but a comprehensive study devoted to a features of calculation of reasonable time of the trial taking into account the practice of the ECHR on this issue wasn’t conducted. Paper objective. Main objective of the article is to study decisions of the ECHR concerning the interpretation of Par. 1, Art. 6 ECHR and analyze features of calculation of reasonable time of the trial to make recommendations on implementation of such national level. Paper main body. As a rule, according to a practice of ECHR reasonable time of civil proceedings begins on the date on which the case is referred to a judicial authority. Thus ECHR can take as the starting point the date of a preliminary application to an administrative authority, especially when this is a prerequisite for commencement of proceedings. The end of reasonable time of the trial connected with the moment when the court decision become final or its execution. Conclusions of the research. Calculation of reasonable time of the trial in civil cases in circumstances when an application to the court was preceded by a seeking for protection from the authorities and public servants of executive power has features. In such situations a calculation of reasonable time of the trial doesn’t begin from the moment of seeking for

Assessing the UN High-Level Panel on Access to Medicines Report in Light of the Right to Health

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Lisa Forman

2016-11-01

Full Text Available Access to medicines is the lynchpin to realizing a range of human rights, public health and development imperatives. However, without strong policy action to increase access to affordable medicines, there is little hope of achieving the Sustainable Development Goals or of realizing the human right to health. Access to medicines is a fundamental element of the right to health, and the majority of states are bound by core obligations in this regard. Accordingly, states must ensure that this critical human rights, public health and development interest is appropriately prioritized against inadequate resource allocations and competing private or trade interests. This is an imperative which we have argued should have framed the deliberations of the UN High Level Panel on Access to Medicines, convened to propose solutions to the “policy incoherence” between international human rights, trade rules and public health that is impeding access to medicines and the right to health for millions. In this article we explore interpretations in international human rights law regarding state duties towards medicines that should have guided these deliberations, and which were presented by the first author in a submission to the panel. We argue that at least two clear right to health duties support the High Level Panel’s recommendations: (1 the duty to prevent unreasonably high costs for medicines from denying large segments of the population their rights to health; and (2 the core obligation to provide essential medicines. Consequently, we explore three areas of action implied by these duties: (1 consistent implementation of human rights impact assessment; (2 institutionalizing the Agreement on Trade-Related Intellectual Property Rights (TRIPS flexibilities in law and policy; (3 making permanent the waiver of TRIPS for least developed countries (LDC, and waiving the application of TRIPS to essential medicines in low and middle-income countries. Finally, we

Librarians, Civil Liberties and Privacy.

Science.gov (United States)

Fielding, Derek

1978-01-01

A comparison of current civil liberties issues in Australia with the status of similar issues in Britain and the United States. Included are political affiliation of government employees, censorship, rights of the individual, privacy, and freedom of information. (JAB)

Latin American Civil-Military Relationships in a Historical Perspective

OpenAIRE

Skaar, Elin

2013-01-01

Civil-military relationships constitute a crucial element in the transition to substantive democracy all over the world. During periods of authoritarianism or civil war, the military in Latin America has historically speaking been responsible for extensive violations of human rights and humanitarian law. Since the reintroduction of democracy in the region in the 1980s and 1990s, the military has gradually been brought back under civilian rule. The balance of power between military and civil p...

Barcelona 2002: law, ethics, and human rights. Using the law to improve access to treatments.

Science.gov (United States)

Elliott, Richard; Parmar, Sharan; Divan, Vivek; Berger, Jonathan

2002-12-01

The XIII International AIDS Conference in Durban, South Africa in July 2000 focused worldwide attention on the problem of accessing treatments in developing countries. In the interim, thanks to the work of activists - from demonstrations to court cases, and from acts of public courage by people living with HIV/AIDS to ongoing lobbying of politicians and trade negotiators - some very significant developments have occurred. But the reality is that the vast majority of people living with HIV/AIDS still lack access to affordable, quality medicines. This article, a summary of a paper presented at "Putting Third First: Vaccines, Access to Treatments and the Law," a satellite meeting held at Barcelona on 5 July 2002 and organized by the Canadian HIV/AIDS Legal Network, the AIDS Law Project, South Africa, and the Lawyers Collective HIV/AIDS Unit, India, explores three approaches for improving access. In the first part, Richard Elliott provides an overview of the state of the right to health as embodied in international human rights law; comments on the experience to date in litigating claims to the right to health; and identifies potential strategies activists can adopt to advance recognition of the right to health. In the second part, Sharan Parmar and Vivek Divan describe price-control and drug-financing mechanisms used by industrialized countries to increase the affordability of medicines; and discuss how some of these mechanisms could be adapted for use in developing countries. Finally, Jonathan Berger describes the use of litigation in the courts by the Treatment Action Campaign in South Africa.

Guidelines for the Review of Environmental-Related Legislation Regarding the Realisation of the Right to Access to Sufficient Food

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Inge Snyman

2015-12-01

Full Text Available The development of legislation for the progressive realisation of the right to access to sufficient food is labelled as an international and national objective. Section 27(2 of the Constitution of the Republic of South Africa, 1996 assigns a compulsory mandate to the South African government to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of the right to access to sufficient food. The United Nations' Food and Agricultural Organization (FAO proposes a three-level strategy for the implementation of the right to food on a national legislative level, namely through: constitutional recognition, the implementation of a food framework law and the reviewing of relevant sectoral legislation. This contribution focuses on the last level of legislative provisioning, namely the reviewing of relevant sectoral legislation which influences, or possibly can, influence the realisation of the right to access to sufficient food. The right to access to sufficient food has multidimensional, interdisciplinary and cross-sectoral characteristics and consequently various sectors are involved in the realisation of the right to access to sufficient food. The FAO determines that the intended purpose will be to identify and review all sectoral legislation that might influence the availability, stability, access and adequacy of food, by means of a proposed reviewing process. The suggested reviewing process of the FAO is comprehensive and diverse; therefore the focus of this contribution is based on the reviewing of relevant environmental-related legislation only. The FAO does not make recommendations with regard to the specific aspects that need to be incorporated in environmental-related legislation to contribute to the progressive realisation of the right to access to sufficient food (in other words the aspects against which environmental-related legislation can be evaluated. Therefore this

Civil disobedience, feminism and body

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Rosalía Romero Pérez

2015-12-01

Full Text Available In this article, feminist civil disobedience is analysed as democracy’s daughter. As regards the analysis of different interpretations of natural rights, the path of the ownership of the own body is followed from Sufragism and its epoch until the global world. At the present time, the right to own your body is defended from opposite positions, such as Femen and Islamic Feminism.

Knowledge and attitude of civil servants in Osun State ...

African Journals Online (AJOL)

In Nigeria, inequity and poor accessibility to quality health care has been a persistent problem. ... This is a descriptive, cross sectional study of 380 civil servants in the employment of Osun state ... ideally should benefit from the scheme.

Career Progression Impact on Active and Reserve Component Civil Affairs Officer and Enlisted Soldiers as a Result of a Civil Affairs Capabilities Restructuring within the Army

National Research Council Canada - National Science Library

Edmonds, Johnnie

2004-01-01

.... Since 96 percent of the Army's Civil Affairs structure and capabilities reside in the Army Reserve, the problems of access, operational tempo, and responsiveness have created a new requirement...

Global civil society: between nation states and transnational corporations

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S. A. Kvitka

2017-06-01

Full Text Available Global civil society is the subject of the formation of a new world order and the modern humanitarian outlook, which is based on the primacy of justice and human rights. One of the actors head of global civil society is an international non-governmental organizations. But wrong to equate global civil society with the activities of these organizations only. Mostly they influence governments and their humanitarian and international politics. Meanwhile, the role of global civil and its society various institutions is much greater and significant. The article discusses the various aspects of the civil society from the position that it took place between transnational companies (TNCs and nation-states. The role of the latter is gradually reduced - economic regulation take on multinationals and public administration is a field of activity of various institutions and structures that scientists considered it as a manifestation of global civil society. In Ukraine, which is also involved in the process of globalization, global civil society is one of the main factors of its national civil society.

Croatian Civil-Military Reform and Its Impact on NATO Membership

National Research Council Canada - National Science Library

Donahoe, John

2003-01-01

Croatia emerged from war in the mid- 1990s to embark on a path of accession to Euro-Atlantic institutions, The present thesis examines the connections between civil military and security sector reform...

Humanization of the civil service in the context of the European integration of Ukraine

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O. A. Lyndyuk

2017-03-01

Full Text Available European integration of Ukraine requires new philosophy of governance modernization and organization, an effective functioning of the civil service system. The urgency of the implementation of humanization approach is a priority for modernization of the national civil service system. The problem of humanization of the civil service in the context of the European integration of Ukraine has been studied in the article. The essence of concepts of «humanism» and «humanization of the civil service» has been considered. Humanism is understood as reflected anthropocentrism, with the human being the object with the highest value. The term «humanization of the civil service» means a deliberate reorientation of the civil service and its objects to recognize a human as an absolute value, «a measure of all things» and to meet the vital needs of society, creating conditions for its full self-realization and ensuring sustainable human development. The civil service must guarantee the security and stability of life and protect rights, freedoms and interests of each individual. Humanization of civil service is also determined as strengthening the rights and freedoms of civil servants, special protection of their dignity and the formation of new humanistic principles of civil service. The features of humanization of the national civil service have been analyzed. It has been found that the human is considered to be the highest value and the content and direction of civil servants activity is determined by ensuring his rights and freedoms. The necessity of changing the priorities of civil service modernization on the basis of humanization, orientation on meeting the needs of human and citizen, as well as creating conditions for closer implementation of national civil service standards to those used in the European Union has been proved. Changes in the philosophy of the civil service of Ukraine should be directed to «serving people», functioning of �

78 FR 55257 - Patient Safety and Quality Improvement: Civil Money Penalty Inflation Adjustment

Science.gov (United States)

2013-09-10

... DEPARTMENT OF HEALTH AND HUMAN SERVICES Patient Safety and Quality Improvement: Civil Money... Civil Rights has determined that an adjustment to the maximum civil money penalty amount for violations... confidentiality and privilege protections of Patient Safety Work Product (PSWP), and procedures for enforcement...

Accessing indigenous land rights through claims in Taroko Area, Eastern Taiwan

OpenAIRE

Lo, Yung-Ching

2013-01-01

The thesis explores how indigenous people access land rights through claims. Land claims happens on the encounters between different regimes of property. The authors found indigenous people have many ways to express their land claims since Japanese time. There are individual claims on lands like reservation land that suggests individualism among indigenous communities. There are collective claims on autonomy, co-management of river resources and development projects. Various mapping activitie...

National Health Service Principles as Experienced by Vulnerable London Migrants in "Austerity Britain": A Qualitative Study of Rights, Entitlements, and Civil-Society Advocacy.

Science.gov (United States)

Rafighi, Elham; Poduval, Shoba; Legido-Quigley, Helena; Howard, Natasha

2016-05-08

Recent British National Health Service (NHS) reforms, in response to austerity and alleged 'health tourism,' could impose additional barriers to healthcare access for non-European Economic Area (EEA) migrants. This study explores policy reform challenges and implications, using excerpts from the perspectives of non-EEA migrants and health advocates in London. A qualitative study design was selected. Data were collected through document review and 22 in-depth interviews with non-EEA migrants and civil-society organisation representatives. Data were analysed thematically using the NHS principles. The experiences of those 'vulnerable migrants' (ie, defined as adult non-EEA asylum-seekers, refugees, undocumented, low-skilled, and trafficked migrants susceptible to marginalised healthcare access) able to access health services were positive, with healthcare professionals generally demonstrating caring attitudes. However, general confusion existed about entitlements due to recent NHS changes, controversy over 'health tourism,' and challenges registering for health services or accessing secondary facilities. Factors requiring greater clarity or improvement included accessibility, communication, and clarity on general practitioner (GP) responsibilities and migrant entitlements. Legislation to restrict access to healthcare based on immigration status could further compromise the health of vulnerable individuals in Britain. This study highlights current challenges in health services policy and practice and the role of non-governmental organizations (NGOs) in healthcare advocacy (eg, helping the voices of the most vulnerable reach policy-makers). Thus, it contributes to broadening national discussions and enabling more nuanced interpretation of ongoing global debates on immigration and health. © 2016 by Kerman University of Medical Sciences

Ten years of negotiating rights around maternal health in Uttar Pradesh, India

Directory of Open Access Journals (Sweden)

Dasgupta Jashodhara

2011-12-01

Full Text Available Abstract Background Preventable maternal mortality and morbidity have been globally recognized as human rights issues. Maternal mortality in India is among the highest in the world, and reflects inequity in access to healthcare: women from certain states as well as poorer women and less literate women appear to be significantly disadvantaged. The government of India has been attempting to improve maternal outcomes through a cash transfer within the National Rural Health Mission to encourage women to come to hospitals for childbirth. Methods This paper reviews documents of the last ten years describing the experiences of a Non-Governmental Organisation, SAHAYOG, in working with a civil society platform, the Healthwatch Forum, to develop ‘rights based’ strategies around maternal health. The paper builds an analysis using recent frameworks on accountability and gendered rights claiming to examine these experiences and draw out lessons regarding rights claiming strategies for poor women. Results The examination of documents over the last ten years indicates defined phases of development in the evolution of SAHAYOG’s understanding and of the shifts in strategy among SAHAYOG and its close allies, and responses by the state. The first three stages depict the deepening of SAHAYOG’s understanding of the manner in which poor and marginalized women negotiate their access to health care; the fourth stage explores a health system intervention and the challenges of working from within civil society in alliance with poor and marginalized women. Conclusion The findings from SAHAYOG’s experiences with poor Dalit women in Uttar Pradesh reveal the elements of social exclusion within the health system that prevent poor and marginalized women from accessing effective lifesaving care. Creating a voice for the most marginalised and carving space for its articulation impacts upon the institutions and actors that have a duty to meet the claims being made

Masa depan civil society di Indonesia: prospek dan tantangan

Directory of Open Access Journals (Sweden)

Halili Halili

2015-10-01

Full Text Available This paper aims to discuss on civil society, its prospects and challenges. It is urgent because civil society is a determining factor of lndonesia democratization. Civil society is a society within state which containing social association which has ability to fill public spaces between state and citizen, and interactwith state independt1y, wether indivual or collective. Prospect qf civil societyfarming is determined by establishment ofsome components: 1 existence cf societal autonomy, 2 access ofpublic to state agencies, 3 independent public arena; 4 arena publik yang mandiri, dan keempat arena publik yang terbuka. Prospect of ciuil society deuelopmentis influenced by optimalization ofsome factors: 1 establishment of, demo­cratic families, 2 growth of roles of non government organization toward both state and citizen, 3 increase of intellectual middle class, especially students, and 4 implementation of political education formally (e.g. civic or citizenship education and informally. The challenges of future of civil society are: 1 high of social fragmentation among people, 2 limited distribution of development results infold ofeconomy, social, and education, and also 4 paternalistic culture which is stiO strong among society.

Limited Access to AP Courses for Students in Smaller and More Isolated Rural School Districts. National Issue Brief Number 80

Science.gov (United States)

Gagnon, Douglas J.; Mattingly, Marybeth J.

2015-01-01

This brief assesses trends in access to, enrollment in, and success in Advanced Placement (AP) coursework in relation to school district poverty, racial composition, and urbanicity. It uses data merged from the 2011-2012 Civil Rights Data Collection (CRDC), the 2012 Small Area Income and Poverty Estimates (SAIPE), and the 2010 Decennial U.S.…

A brief overview of the Civil Union Act* | Ntlama | Potchefstroom ...

African Journals Online (AJOL)

... same-sex couples as envisaged in the Act, and not to an analysis of the nature of the institution of marriage itself or the theological and social dimensions of same-sex marriages. Keywords: same-sex marriages; civil union; equality; constitutional rights; constitutional protection of homosexual relationships; Civil Union Act ...

[Project Shared Medical Record in Catalonia, Spain: legal framework and enforcement of rights of access, rectification, cancellation and opposition (ARCO)].

Science.gov (United States)

Borrás-Pascual, Maria Josep; Busquets-Font, Josep Maria; García-Martínez, Anna; Manent-González, Martí

2010-02-01

The Constitution and especially the Constitutional Court's jurisprudence have recognized the so-called right of habeas data, providing legal protection at the highest level of personal data. Health information, falls within the scope of protection, but we see that there are peculiarities in the health and development legislation that compels us to treat such information with special characteristics. This article will review the citizen's rights to access to health information, taking into account both the protection of personal data such as regulating access to specific health information and tools that have been developed for the exercise of these rights under the "Shared Medical Record" project developed by the Department of Health of the Generalitat of Catalonia. In particular the rights that are discussed are: the right of access to information, the right of correction, the right of cancellation. The right of access to information enables anyone to know if their personal data are processed, the purpose of treatment and the available information on the origin of personal data. In addition the law also allows to know whether the data have been disclosed to a third party. The right of rectification gives -concerned in this case the patient- the right to correct any data that contain errors. The cancellation right is restricted to situations where it really is exercising a right of correction against information. Finally, the right to object is for patients to be able to oppose their health data is consulted by various health care facilities to generate them. 2010 Elsevier España S.L. All rights reserved.

THE LAWYER`S OPINION IN MODERN CIVIL LAW

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Elena Evgenyevna Dubovaya

2015-12-01

Full Text Available Purpose to define value of freedom and fight of opinions, views and lawyer’s positions in development of science of civil law.Methodology theoretical analysis, inductive and deductive methods.Results It is established that fight of opinions, collision of various positions allows to understand more deeply the discussed problem, to come nearer to truth. So, free expression of opinions is the engine of development of civil law.Practical implications introduction in educational process on disciplines of civil jurisprudence, further research of fight of opinions in civil law.Tendencies of the present stage of development of legal system are characterized by aspiration to fix in the Russian legal system of the beginning of private law, where at the head of a corner – people as a legal entity. Opinions of lawyers on various legal problems, and the attitudes towards these opinions are subject to considerable dynamics. The centuries-old history of development of the right showed that fight of opinions, collision of various positions allows to understand more deeply the discussed problem, to come nearer to truth. The modern civil law widely uses a method of comparative jurisprudence, studying experience of the civilized countries which promoted in development of the civil legislation.

International financial institutions and human rights: implications for public health.

Science.gov (United States)

Stubbs, Thomas; Kentikelenis, Alexander

2017-01-01

Serving as lender of last resort to countries experiencing unsustainable levels of public debt, international financial institutions have attracted intense controversy over the past decades, exemplified most recently by the popular discontent expressed in Eurozone countries following several rounds of austerity measures. In exchange for access to financial assistance, borrowing countries must settle on a list of often painful policy reforms that are aimed at balancing the budget. This practice has afforded international financial institutions substantial policy influence on governments throughout the world and in a wide array of policy areas of direct bearing on human rights. This article reviews the consequences of policy reforms mandated by international financial institutions on the enjoyment of human rights, focusing on the International Monetary Fund and World Bank. It finds that these reforms undermine the enjoyment of health rights, labour rights, and civil and political rights, all of which have deleterious implications for public health. The evidence suggests that for human rights commitments to be met, a fundamental reorientation of international financial institutions' activities will be necessary.

Observations regarding the right of civil servants to pursue a career. About „instability” in civil service and law non-compliance practices

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Camelia STOICA

2013-06-01

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.

Human rights and access to healthcare services for indigenous peoples in Africa.

Science.gov (United States)

Durojaye, Ebenezer

2017-09-20

In September 2015, the United Nations adopted the sustainable development goals (SDGs) to address among others poverty and inequality within and among countries of the world. In particular, the SDGs aim at ameliorating the position of disadvantaged and vulnerable groups in societies. One of the over-arching goals of the SDGs is to ensure that no one is left behind in the realisation of their access to health care. African governments are obligated under international and regional human rights law to ensure access to healthcare services for everyone, including indigenous populations, on a non-discriminatory basis. This requires the governments to adopt appropriate measures that will remove barriers to healthcare services for disadvantaged and marginalised groups such as indigenous peoples.

National Health Service Principles as Experienced by Vulnerable London Migrants in “Austerity Britain”: A Qualitative Study of Rights, Entitlements, and Civil-Society Advocacy

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Elham Rafighi

2016-10-01

Full Text Available Background: Recent British National Health Service (NHS reforms, in response to austerity and alleged ‘health tourism,’ could impose additional barriers to healthcare access for non-European Economic Area (EEA migrants. This study explores policy reform challenges and implications, using excerpts from the perspectives of non-EEA migrants and health advocates in London. Methods: A qualitative study design was selected. Data were collected through document review and 22 indepth interviews with non-EEA migrants and civil-society organisation representatives. Data were analysed thematically using the NHS principles. Results: The experiences of those ‘vulnerable migrants’ (ie, defined as adult non-EEA asylum-seekers, refugees, undocumented, low-skilled, and trafficked migrants susceptible to marginalised healthcare access able to access health services were positive, with healthcare professionals generally demonstrating caring attitudes. However, general confusion existed about entitlements due to recent NHS changes, controversy over ‘health tourism,’ and challenges registering for health services or accessing secondary facilities. Factors requiring greater clarity or improvement included accessibility, communication, and clarity on general practitioner (GP responsibilities and migrant entitlements. Conclusion: Legislation to restrict access to healthcare based on immigration status could further compromise the health of vulnerable individuals in Britain. This study highlights current challenges in health services policy and practice and the role of non-governmental organizations (NGOs in healthcare advocacy (eg, helping the voices of the most vulnerable reach policy-makers. Thus, it contributes to broadening national discussions and enabling more nuanced interpretation of ongoing global debates on immigration and health.

Civil nuclear energy and the proliferation of nuclear weapons

International Nuclear Information System (INIS)

1990-04-01

The issue of whether civil nuclear programmes contribute to the risk of proliferation of nuclear weapons has been discussed since civil programmes were first considered, and has always complicated public attitudes to civil nuclear energy. This paper seeks to define the extent to which there is such 'linkage'. Linkage concerns arise primarily over the possibility of their being used to produce highly enriched uranium or plutonium for use in weapons. Linkage may also arise through the relevant experience of the trained workforce. Such linkage is, however, limited by institutional, technical and economic factors. First important institutional constraints on using a civil programme for military purposes exist in the form of a network of bilateral agreements and international treaties - most particularly the Nuclear Non-Proliferation Treaty - and the international safeguards inspections. Secondly, without access to the technologies of enrichment or reprocessing, the fissile material needed for an explosive cannot be obtained from any plant or process used to produce electricity. Even enrichment and reprocessing, as normally used in electricity programmes, do not give rise to the materials used in weapons. Finally, establishing a civil programme - with equipment whose design is optimized for electricity production - in order to develop weapons is an expensive route compared to specialized facilities. (Author)

Lead poisoning in China: a health and human rights crisis.

Science.gov (United States)

Cohen, Jane E; Amon, Joseph J

2012-12-15

Acute and chronic lead poisoning is occurring throughout China and is a major cause of childhood morbidity. The Chinese government's emphasis on industrial development and poverty reduction has, over the past three decades, decreased by 500 million the number of people surviving on less than one dollar per day, but has caused significant environmental degradation that threatens public health. Drawing upon in-depth interviews conducted in 2009 and 2010 with families affected by lead poisoning, environmental activists, journalists, government and civil society organization officials in Shaanxi, Henan, Hunan, and Yunnan provinces, as well as a review of scientific and Chinese media, and health and environmental legal and policy analysis, we examine the intersection of civil, political, economic, and social rights related to access to information, screening, treatment, and remediation related to lead poisoning. In-depth interviews in each province uncovered: censorship and intimidation of journalists, environmental activists, and parents seeking information about sources and prevention of lead poisoning; denial of screening for lead poisoning, often based upon arbitrary eligibility criteria; and inadequate and inappropriate treatment being promoted and provided by health facilities. Over the past decade, the Chinese government has prioritized health care and invested billions of dollars towards universal health coverage, and strengthened environmental to address industrial pollution and guarantee access to information on the environment. Yet, despite these reforms, information remains constrained and citizens seeking information and redress are sometimes arrested, in violation of Chinese and international law. Local government officials and national environmental policies continue to prioritize economic development over environmental protection. To effectively address lead poisoning requires an emphasis on prevention, and to combat industrial pollution requires

Same-sex marriage, civil marriage and cohabitation: the law, the ...

African Journals Online (AJOL)

Same-sex marriage, civil marriage and cohabitation: the law, the rights and responsibilities. ... Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... This paper examined the law surrounding marriage rights and ...

Emergency Support Function 15: Communication Synchronization during Defense Support of Civil Authorities Operations

Science.gov (United States)

2015-06-12

for the future. I would like to thank my parents Juan and Helen for their love, support, and guidance; your hard work and sacrifices have given me...required support to civil authortities during emergency relief operations.9 Once civil authorites are capable of resuming responsibility for the...Freeman posit the researcher has an understanding of the cognitive styles of the program stakeholders which will increase access and comprehension of

Civil Behavior, Safe-School Planning, and Dress Codes

Science.gov (United States)

Studak, Cathryn M.; Workman, Jane E.

2007-01-01

This research examined news reports in order to identify incidents that precipitated dress code revisions. News reports were examined within the framework of rules for civil behavior. Using key words "school dress codes" and "violence," LEXIS/NEXIS was used to access 104 articles from 44 U.S. newspapers from December 3, 2004 to December 2, 2005.…

The Fundamentals of Civil Disobedience in John Rawls

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Eduardo Baldissera Carvalho Salles

2016-11-01

Full Text Available Investigating civil disobedience from a liberal perspective, the working thread through the thought of John Rawls, exposed in the work A Theory of Justice, presenting the phenomenon as a kind of political resistance as well as the theoretical framework that legitimizes as processing instrument contemporary society and guarantor of individual rights. Thus, discusses the duty to obey unjust laws defining what the justification of civil disobedience, designed to Rawls just almost just, democratic and orderly.

Bioethics, Human Rights, and Childbirth.

Science.gov (United States)

Erdman, Joanna

2015-06-11

The global reproductive justice community has turned its attention to the abuse and disrespect that many women suffer during facility-based childbirth. In 2014, the World Health Organization released a statement on the issue, endorsed by more than 80 civil society and health professional organizations worldwide.The statement acknowledges a growing body of research that shows widespread patterns of women's mistreatment during labor and delivery-physical and verbal abuse, neglect and abandonment, humiliation and punishment, coerced and forced care-in a range of health facilities from basic rural health centers to tertiary care hospitals. Moreover, the statement characterizes this mistreatment as a human rights violation. It affirms: "Every woman has the right to the highest attainable standard of health, which includes the right to dignified, respectful health care throughout pregnancy and childbirth."The WHO statement and the strong endorsement of it mark a critical turn in global maternal rights advocacy. It is a turn from the public health world of systems and resources in preventing mortality to the intimate clinical setting of patient and provider in ensuring respectful care. Copyright 2015 Erdman. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

Disability, access to food and the UN CRPD : Navigating discourses of human rights in the Netherlands

NARCIS (Netherlands)

Waltz, Mitzi; Mol, Tanja; Gittins, Elinor; Schippers, Alice

2018-01-01

In 2016, the Netherlands ratified the UN Convention on the Rights of Persons with Disabilities (UN CRPD), one of the last developed nations to do so. In this article, we explore how equal access to food provides a lens through which barriers to implementing a rights-based approach to disability

Climate Change, Human Rights, and Social Justice.

Science.gov (United States)

Levy, Barry S; Patz, Jonathan A

2015-01-01

The environmental and health consequences of climate change, which disproportionately affect low-income countries and poor people in high-income countries, profoundly affect human rights and social justice. Environmental consequences include increased temperature, excess precipitation in some areas and droughts in others, extreme weather events, and increased sea level. These consequences adversely affect agricultural production, access to safe water, and worker productivity, and, by inundating land or making land uninhabitable and uncultivatable, will force many people to become environmental refugees. Adverse health effects caused by climate change include heat-related disorders, vector-borne diseases, foodborne and waterborne diseases, respiratory and allergic disorders, malnutrition, collective violence, and mental health problems. These environmental and health consequences threaten civil and political rights and economic, social, and cultural rights, including rights to life, access to safe food and water, health, security, shelter, and culture. On a national or local level, those people who are most vulnerable to the adverse environmental and health consequences of climate change include poor people, members of minority groups, women, children, older people, people with chronic diseases and disabilities, those residing in areas with a high prevalence of climate-related diseases, and workers exposed to extreme heat or increased weather variability. On a global level, there is much inequity, with low-income countries, which produce the least greenhouse gases (GHGs), being more adversely affected by climate change than high-income countries, which produce substantially higher amounts of GHGs yet are less immediately affected. In addition, low-income countries have far less capability to adapt to climate change than high-income countries. Adaptation and mitigation measures to address climate change needed to protect human society must also be planned to protect

The emergence of a global right to health norm--the unresolved case of universal access to quality emergency obstetric care.

Science.gov (United States)

Hammonds, Rachel; Ooms, Gorik

2014-02-27

The global response to HIV suggests the potential of an emergent global right to health norm, embracing shared global responsibility for health, to assist policy communities in framing the obligations of the domestic state and the international community. Our research explores the extent to which this global right to health norm has influenced the global policy process around maternal health rights, with a focus on universal access to emergency obstetric care. In examining the extent to which arguments stemming from a global right to health norm have been successful in advancing international policy on universal access to emergency obstetric care, we looked at the period from 1985 to 2013 period. We adopted a qualitative case study approach applying a process-tracing methodology using multiple data sources, including an extensive literature review and limited key informant interviews to analyse the international policy agenda setting process surrounding maternal health rights, focusing on emergency obstetric care. We applied John Kingdon's public policy agenda setting streams model to analyse our data. Kingdon's model suggests that to succeed as a mobilising norm, the right to health could work if it can help bring the problem, policy and political streams together, as it did with access to AIDS treatment. Our analysis suggests that despite a normative grounding in the right to health, prioritisation of the specific maternal health entitlements remains fragmented. Despite United Nations recognition of maternal mortality as a human rights issue, the relevant policy communities have not yet managed to shift the policy agenda to prioritise the global right to health norm of shared responsibility for realising access to emergency obstetric care. The experience of HIV advocates in pushing for global solutions based on right to health principles, including participation, solidarity and accountability; suggest potential avenues for utilising right to health based

Civil nuclear energy and the proliferation of nuclear weapons

International Nuclear Information System (INIS)

1990-04-01

The issue of whether civil nuclear programmes contribute to the risk of proliferation of nuclear weapons has been discussed since civil programmes were first considered, and has always complicated public attitudes to civil nuclear energy. This paper seeks to define the extent to which there is such ''linkage''. It does not deal with the linkages that exist between nuclear weapons and other industries and activities - for example, those involved in weapons delivery systems -since these are not within the Uranium Institute's area of competence. Linkage concerns regarding civil nuclear programmes arise primarily over the possibility of their being used to produce highly enriched uranium or plutonium for use in weapons. The technologies which can give rise directly to these materials are therefore ''sensitive'' in proliferation terms. Linkage may also arise through the relevant experience of the trained workforce. Such linkage is, however, limited by institutional, technical and economic factors. First, important institutional constraints on using a civil programme for military purposes exist in the form of a network of bilateral agreements and international treaties - most particularly the Nuclear Non-Proliferation Treaty - and the international safeguards inspections. Secondly, without access to the technologies of enrichment or reprocessing, the fissile material needed for an explosive cannot be obtained from any plant or process used to produce electricity. Finally, establishing a civil programme - with equipment whose design is optimized for electricity production - in order to develop weapons is an expensive route compared to specialized facilities. (author)

Towards automated processing of the right of access in inter-organizational Web Service compositions

DEFF Research Database (Denmark)

Herkenhöner, Ralph; De Meer, Hermann; Jensen, Meiko

2010-01-01

with trade secret protection. In this paper, we present an automated architecture to enable exercising the right of access in the domain of inter-organizational business processes based on Web Services technology. Deriving its requirements from the legal, economical, and technical obligations, we show...

THE IMPLICATIONS OF THE CIVIL SOCIETY IN THE EASTERN PARTNERSHIP

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Loredana JITARU

2017-04-01

Full Text Available The Eastern Partnership (EaP launched in 2009 as the Eastern dimension of the European Neighbourhood Policy introduced the civil society as a new strategic actor in the EU's relations with Eastern Partnership countries. The civil society‟s role is to participate in policy making, to suggest new initiatives and to promote shared values of partnership, such as: democracy, promoting better governance, state law, sustainable development, respect for human rights and for the fundamental freedoms. The paper is divided into two parts. In the first part, we analyse the role of the civil society in the EaP and we ask whether the increasing role of the civil society in the EaP will lead to the success of this project. In the second part, we analyse the perceptions and the attitudes of civil society towards European integration.

Addressing the Right to Self-Determination: The Okinawans’ Claims from the Group-Based Rights Perspective

OpenAIRE

Tamura, Momoka

2016-01-01

This paper discusses the Japanese society from the group-based rights perspective. International human rights law provides the rights mostly in an individualistic form. But there is also a development of the international standards of rights with group-dimensions. The right to self-determination under the common article 1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and International Covenant on Civil and Political Rights (ICCPR) provide a collective right to...

42 CFR 488.436 - Civil money penalties: Waiver of hearing, reduction of penalty amount.

Science.gov (United States)

2010-10-01

... 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 a...

Human Rights Education in Israel: Four Types of Good Citizenship

Science.gov (United States)

Agbaria, Ayman K.; Katz-Pade, Revital

2016-01-01

This article examines the involvement of civil society organizations in human rights education (HRE) in Israel. Focussing on the educational programs of the Association for Civil Rights in Israel (ACRI), as a qualitative instrumental case study, this article examines the conceptions of good citizenship embedded in these programs. Specifically, the…

29 CFR 1620.27 - Relationship to the Equal Pay Act of title VII of the Civil Rights Act.

Science.gov (United States)

2010-07-01

... 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... equal pay under the Equal Pay Act has no relationship to whether the employee is in the lower paying job...

The Obligation And Warranty To State Reasons Of Judicial Decisions Under The Paradigm Of The New Code Of Civil Procedure: A Right Of Democratic State Of Consolidation

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Quezia Dornellas Fialho

2017-02-01

Full Text Available The constitutional state requires den to fundamental rights within the process. The duty, while the guarantee, the evidence of judicial decisions should, together with other procedural principles, lead to a new way of thinking about the process, not aiming at the speed at any cost, but the safe conduct of the fundamental rights of parties during the procedural motion. Thus, with respect to this duty-assurance, the new Code of Civil Procedure innovated by establishing requirements for the goals adequate reasoning of judgments.

Green Regions? Comparing Civil Society Activism in NAFTA and the European Union

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Anthony R. Zito

2016-01-01

Full Text Available This paper compares the role of environmental civil society in two regional organizations, the European Union and nafta. It uses the Transnational Advocacy Network approach to assess how non-governmental organizations make use of opportunities to influence policy, and the effects of civil society engagement. Despite wide differences between the two organizations, there are important commonalities: both provide resources and important access points for NGOS, both have limits and frustrations, and both encourage coalition-building among NGOS. 

Advocating for Change? How a Civil Society-led Coalition Influences the Implementation of the Forest Rights Act in India

NARCIS (Netherlands)

Barnes, Clare; van Laerhoven, Frank; Driessen, Peter P J

2016-01-01

Forest policy implementation is a political endeavor involving both state and non-state actors. We observe that civil society organizations (CSOs) often federate into civil society-led coalitions (CSCs) in order to shape forest policies in their favor. They appear to be successful in doing this

Viewing Health Equity through a Legal Lens: Title VI of the 1964 Civil Rights Act.

Science.gov (United States)

Rosenbaum, Sara; Schmucker, Sara

2017-10-01

Enacted as part of the watershed Civil Rights Act of 1964, Title VI prohibits discrimination by federally assisted entities on the basis of race, color, or national origin. Indeed, the law is as broad as federal funding across the full range of programs and services that affect health. Over the years, governmental enforcement efforts have waxed and waned, and private litigants have confronted barriers to directly invoking its protections. But Title VI endures as the formal mechanism by which the nation rejects discrimination within federally funded programs and services. Enforcement efforts confront problems of proof, remedies whose effectiveness may be blunted by underlying residential segregation patterns, and a judiciary closed to legal challenges focusing on discriminatory impact rather than intentional discrimination. But Title VI enforcement has experienced a resurgence, with strategies that seek to use the law as a basic compliance tool across the range of federally assisted programs. This resurgence reflects an enduring commitment to more equitable outcomes in federally funded programs that bear directly on community health, and it stands as a testament to the vital importance of a legal framework designed to move the nation toward greater health equity. Copyright © 2017 by Duke University Press.

New voters, new outlook? Predispositions, social networks, and the changing politics of gay civil rights.

Science.gov (United States)

Becker, Amy B; Scheufele, Dietram A

2011-01-01

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.

Access to essential maternal health interventions and human rights violations among vulnerable communities in eastern Burma.

Science.gov (United States)

Mullany, Luke C; Lee, Catherine I; Yone, Lin; Paw, Palae; Oo, Eh Kalu Shwe; Maung, Cynthia; Lee, Thomas J; Beyrer, Chris

2008-12-23

Health indicators are poor and human rights violations are widespread in eastern Burma. Reproductive and maternal health indicators have not been measured in this setting but are necessary as part of an evaluation of a multi-ethnic pilot project exploring strategies to increase access to essential maternal health interventions. The goal of this study is to estimate coverage of maternal health services prior to this project and associations between exposure to human rights violations and access to such services. Selected communities in the Shan, Mon, Karen, and Karenni regions of eastern Burma that were accessible to community-based organizations operating from Thailand were surveyed to estimate coverage of reproductive, maternal, and family planning services, and to assess exposure to household-level human rights violations within the pilot-project target population. Two-stage cluster sampling surveys among ever-married women of reproductive age (15-45 y) documented access to essential antenatal care interventions, skilled attendance at birth, postnatal care, and family planning services. Mid-upper arm circumference, hemoglobin by color scale, and Plasmodium falciparum parasitemia by rapid diagnostic dipstick were measured. Exposure to human rights violations in the prior 12 mo was recorded. Between September 2006 and January 2007, 2,914 surveys were conducted. Eighty-eight percent of women reported a home delivery for their last pregnancy (within previous 5 y). Skilled attendance at birth (5.1%), any (39.3%) or > or = 4 (16.7%) antenatal visits, use of an insecticide-treated bed net (21.6%), and receipt of iron supplements (11.8%) were low. At the time of the survey, more than 60% of women had hemoglobin level estimates rights were widely reported: 32.1% of Karenni households reported forced labor and 10% of Karen households had been forced to move. Among Karen households, odds of anemia were 1.51 (95% confidence interval [CI] 0.95-2.40) times higher among women

How Global is Global Civil Society?

Directory of Open Access Journals (Sweden)

Neera Chandhoke

2015-08-01

Full Text Available In recent times the concept of global civil society has made its appearance on national and international intellectual, as well as political agendas, in a major way. It is of some interest that two other concepts, both of which call for transcendence of national boundaries in precisely the same way as global civil society does, have also made their appearance on the scene of intellectual debates at roughly the same time: the concept of cosmopolitanism and that of transnational justice. All three concepts have dramatically expanded the notion of commitment to one’s fellow beings beyond the nation state. And all three concepts have extended critiques of policies that violate the dignity of human beings from national governments to the practices of inter-national institutions such as the World Bank, the International Monetary Fund, and the World Trade Forum. In sum the inter-related concepts of global civil society, cosmopolitanism, and transnational justice have greatly enlarged the traditional domain of political theory. And yet for any political theorist who is acutely conscious of the phenomenon of power, these concepts are not unproblematic. For the practices of global civil society may just reinforce the intellectual and the moral power of the West over the postcolonial world. This is particularly true of say global human rights organizations. This paper will attempt to raise some questions of the concept and the practices of global civil society from the perspective of the countries of the South.

Has social justice any legitimacy in Kant's theory of right? The empirical conditions of the legal state as a civil union

Directory of Open Access Journals (Sweden)

Nuria Sánches Madrid

2014-08-01

Full Text Available This paper aims at shedding light on an obscure point in Kant's theory of the state. It discusses whether Kant's rational theory of the state recognises the fact that certain exceptional social situations, such as the extreme poverty of some parts of the population, could request institutional state support in order to guarantee the attainment of a minimum threshold of civil independence. It has three aims: 1 to show that Kant's Doctrine of Right can offer solutions for the complex relation between economics and politics in our present time; 2 to demonstrate the claim that Kant embraces a pragmatic standpoint when he tackles the social concerns of the state, and so to refute the idea that he argues for an abstract conception of politics; and 3 to suggest that a non-paternalistic theory of rights is not necessarily incompatible with the basic tenets of a welfare state.

Art and Civil Action : Cultural Organizations in the European Civil Domain

NARCIS (Netherlands)

Gielen, Pascal; Lijster, Thijs

2017-01-01

In this article, the place of new cultural organizationsin the civil domain is analysed. The authors describe a theoretical model that they call the ‘civil chain’, describing the different phases in which civil organizations develop themselves. The civil chain delivers analytic insights into the

Homoaffectivity and Human Rights

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Luiz Mott

2006-05-01

Full Text Available The civil union between persons of the same sex is analyzed in this essay through the discussion of the roots of the anti-homosexual prejudice and the fight for the citizenship of gays, lesbians and transgenders in Brazil, and through listing the different manifestations of homofobia in our social environment. We deconstruct the contrary opinions against the homosexual marriage, justifying with etho-historical evidences the extending of equal rights to the couples of the same sex, including the legal recognition of the civil union.

Considerations in civil commitment of individuals with substance use disorders.

Science.gov (United States)

Cavaiola, Alan A; Dolan, David

2016-01-01

Several states currently have enacted laws that allow for civil commitment for individuals diagnosed with severe substance use disorders. Civil commitment or involuntary commitment refers to the legal process by which individuals with mental illness are court-ordered into inpatient and/or outpatient treatment programs. Although initially civil commitment laws were intended for individuals with severe mental illness, these statutes have been extended to cover individuals with severe substance use disorders. Much of the recent legislation allowing for civil commitment of individuals with substance use disorders has come about in response to the heroin epidemic and is designed to provide an alternative to the unrelenting progression of opioid use disorders. Civil commitment also provides an opportunity for individuals with opioid use disorders to make informed decisions regarding ongoing or continued treatment. However, civil commitment also raises concerns regarding the potential violation of 14th Amendment rights, specifically pertaining to abuses of deprivation of liberty or freedom, which are guaranteed under the 14th Amendment to the United States Constitution. This commentary examines these issues while supporting the need for effective brief civil commitment legislation in all states.

Supporting Indoor Navigation Using Access Rights to Spaces Based on Combined Use of IndoorGML and LADM Models

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Abdullah Alattas

2017-11-01

Full Text Available The aim of this research is to investigate the combined use of IndoorGML and the Land Administration Domain Model (LADM to define the accessibility of the indoor spaces based on the ownership and/or the functional right for use. The users of the indoor spaces create a relationship with the space depending on the type of the building and the function of the spaces. The indoor spaces of each building have different usage functions and associated users. By defining the user types of the indoor spaces, LADM makes it possible to establish a relationship between the indoor spaces and the users. LADM assigns rights, restrictions, and responsibilities to each indoor space, which indicates the accessible spaces for each type of user. The three-dimensional (3D geometry of the building will be impacted by assigning such functional rights, and will provide additional knowledge to path computation for an individual or a group of users. As a result, the navigation process will be more appropriate and simpler because the navigation path will avoid all of the non-accessible spaces based on the rights of the party. The combined use of IndoorGML and LADM covers a broad range of information classes: (indoor 3D cell spaces, connectivity, spatial units/boundaries, (access/use rights and restrictions, parties/persons/actors, and groups of them. The new specialized classes for individual students, individual staff members, groups of students, groups of staff members are able to represent cohorts of education programmes and the organizational structure (organogram: faculty, department, group. The model is capable to represent the access times to lecture rooms (based on education/teaching schedules, use rights of meeting rooms, opening hours of offices, etc. The two original standard models remain independent in our approach, we do not propose yet another model, but applications can fully benefit of the potential of the combined use, which is an important contribution

Latin American Civil-Military Relations in a Historical Perspective: A Literature Review

OpenAIRE

Skaar, Elin; Malca, Camila Gianella

2014-01-01

Civil-military relationships constitute a crucial element in the transition to substantive democracy all over the world. During periods of authoritarianism or civil war, the military in Latin America has been responsible for extensive violations of human rights and humanitarian law. Since the reintroduction of democracy in the region in the 1980s and 1990s, the military has gradually been brought back under civilian rule. The balance of power between military and civil political actors has sh...

Disability, Access to Food and the UN CRPD: Navigating Discourses of Human Rights in the Netherlands

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Mitzi Waltz

2018-03-01

Full Text Available In 2016, the Netherlands ratified the UN Convention on the Rights of Persons with Disabilities (UN CRPD, one of the last developed nations to do so. In this article, we explore how equal access to food provides a lens through which barriers to implementing a rights-based approach to disability equality can be examined in countries that are historically resistant to such discourses. Through a literature review, policy research, and interviews with disabled people, representatives of disabled people’s organisations, Dutch legal scholars, food researchers, and foodbanks, we have explored barriers to equal food access in the Netherlands, and current approaches to overcoming social, economic and physical barriers. Our analysis indicates that implementation of the UN CRPD and other relevant international and EU policies continues to be limited in the Netherlands due to narrow interpretations, leading to policies and practices that do not foster equal access to resources and environments. Dutch understandings of disability equality are evolving, but encounter opposition from an entrenched system of separation and resistance to mandating change, including a reluctance to even collect data about inequality. From this basis, we identify knowledge gaps and make recommendations for steps the Netherlands could take to ensure equal access to food.

Cognitive-communication disorder following right hemisphere stroke: exploring rehabilitation access and outcomes.

Science.gov (United States)

Hewetson, Ronelle; Cornwell, Petrea; Shum, David

2017-07-01

Rehabilitation positively influences return to activities and social roles in people with aphasia. The cognitive-communication disorder (CCD) found following a right hemisphere stroke has been less extensively researched with rehabilitation access and outcomes yet to be determined. To document rehabilitation access and outcomes for people with CCD post-stroke; and compare outcomes based on presence (viz CCD; aphasia) or absence of communication impairment. A retrospective chart audit was completed for patients with first onset unilateral stroke, with a hospital length of stay (LOS) of at least two days and a communication assessment by a speech pathologist. Data extracted included presence and severity of communication impairment, access to and LOS in a rehabilitation unit, and functional outcome measures recorded at rehabilitation discharge. The majority of the 115 patients who met inclusion criteria were living independently (n = 112, 97.4%) at the time of stroke. CCD (66%) was diagnosed with similar frequency to aphasia (68%). The presence of communication impairment did not result in significant differences in rehabilitation LOS and discharge destination when compared to hemispheric strokes without communication impairment. Severity of CCD was an independent predictor of functional gain by rehabilitation discharge. People with CCD require comparable access to rehabilitation as people with aphasia, and severity of CCD should be considered in determining rehabilitation LOS. A large number of people are discharged with ongoing CCD which warrants exploration of potential participation restrictions created by the communication impairment.

Bureaucratic Blockages : Water, Civil Servants, and Community in Tanzania

OpenAIRE

Bailey, Juli

2017-01-01

How do civil servants in district water and sanitation departments address problems of water access in rural communities in Tanzania? What are the bureaucratic procedures they follow? How do the bureaucratic procedures around formulating budgets, managing money, and interacting with communities impede or enhance their ability to manage water projects? This report addresses these and related ...

Image Right and Copyright Law in Europe: Divergences and Convergences

OpenAIRE

Tatiana Synodinou

2014-01-01

This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in selected jurisdictions, in both the civil law and the common law tradition. It is deduced that the civil law approach based on the right of privacy or the right of personality is expressed mainly either via a duality, reflecting the extra-patrimo...

RELEVANT ISSUES CONCERNING THE RELOCATION OF CIVIL PROCEEDINGS UNDER THE NEW CODE OF CIVIL PROCEDURE (NCPC

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Andrei Costin GRIMBERG

2015-07-01

Full Text Available The change of the new code of civil procedure and obvious the entry of the new provisions at 15th February 2013, has been thought with the hope to accelerate the procedures related to judgement with a noticeable simplification of procedures, all designed with the aim of unifying the case law and to lower the costs generated by lawsuits , costs both borne by the State as well by citizens involved the cases in court . Thus, the implementation of the New Code of Civil Procedure, desired the compliance right to a fair trial within a optimal time and predictable by the court, by judging the trial in a speedy way , avoiding unjustified delays of the pending cases and to the new petitions introduced, by excessive and unjustified delays often. By the noticeable changes that occurred following the entry into force of the new Code of Civil Procedure, it identify and amend the provisions regarding requests for displacement, in terms of the grounds on which it may formulate the petition of displacement and the court competent to hear such an application.

Lineage of global civil engineering. Global civil engineering no keifu

Energy Technology Data Exchange (ETDEWEB)

Hashimoto, M

1994-04-15

This paper considers which way the global civil engineering should go in the future. Civil engineering has now a paradigm with a new dimension debuted as the global environmental problems are taken up specifically. Achieving the target of civil engineering requires a critical review that how the cost effect and efficiency discussions in only the dimensions of the conventional technologies and economies can be incorporated into the dimensions and measures of new fields to create the new horizons. Conceiving the relationship between civil engineered structures and environmental climate encounters the indispensable judgment criterion on how such social scientific conditions as weather, culture, religion, economy, and politics are combined to reach a judgment. The global civil engineering is desired to have the ideas and directional role to work on the ultimate assignment of environment and development called a global environmental problem analytically, comprehensively, innovatively and creatively as the civil engineering science, rather than as a mere existence of one area of the advanced civil engineering science. 5 refs., 1 tab.

Historical aspects of the nuclear right development

International Nuclear Information System (INIS)

Puig, Diva E.

1999-01-01

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)

Globalization, human rights, and the social determinants of health.

Science.gov (United States)

Chapman, Audrey R

2009-02-01

Globalization, a process characterized by the growing interdependence of the world's people, impacts health systems and the social determinants of health in ways that are detrimental to health equity. In a world in which there are few countervailing normative and policy approaches to the dominant neoliberal regime underpinning globalization, the human rights paradigm constitutes a widely shared foundation for challenging globalization's effects. The substantive rights enumerated in human rights instruments include the right to the highest attainable level of physical and mental health and others that are relevant to the determinants of health. The rights stipulated in these documents impose extensive legal obligations on states that have ratified these documents and confer health entitlements on their residents. Human rights norms have also inspired civil society efforts to improve access to essential medicines and medical services, particularly for HIV/AIDS. Nevertheless, many factors reduce the potential counterweight human rights might exert, including and specifically the nature of the human rights approach, weak political commitments to promoting and protecting health rights on the part of some states and their lack of institutional and economic resources to do so. Global economic markets and the relative power of global economic institutions are also shrinking national policy space. This article reviews the potential contributions and limitations of human rights to achieving greater equity in shaping the social determinants of health.

Impact of Gender Binarism on Hijras' Life Course and Their Access to Fundamental Human Rights in Pakistan.

Science.gov (United States)

Alizai, Aurangzaib; Doneys, Philippe; Doane, Donna L

2017-01-01

This study adds to the growing body of knowledge on gender nonconformity aspects of heteronormativity by examining its impact on the life course of hijras and their access to fundamental human rights in Pakistan. Drawing on 50 semistructured interviews conducted in two sites, the findings suggest that the participants' lived experiences associated with gender nonconformity significantly influenced the direction of their life course and their ability to have access to human rights. These experiences spanned from childhood to elderhood across a wide range of settings, such as family, school, guru dera (residence headed by a hijra guru), workplace, and interactions with authorities. The participants' human rights were not recognized, resulting in abuse, social stigma, discrimination against them, and their exclusion from mainstream society. Finally, implications are drawn for public policy and future research on third gender concerns in Pakistan and elsewhere.

Stasis and Bellum Civile

DEFF Research Database (Denmark)

Lange, Carsten Hjort

2017-01-01

David Armitage’s new monograph Civil Wars: A History in Ideas (2017) will undoubtedly long remain a standard reference work. It presents readers with a vision of civil war as part of the longue durée. The argument might be further strengthened, however, if a more inclusive Greco-Roman approach...... to ancient civil war is accepted. This essay focuses on stasis vs. bellum civile, the origins of the concept of civil war, the approach of later Roman writers (such as Appian and Cassius Dio) to the concepts of stasis and bellum civile, and, finally, the question of what makes a civil war a civil war....... Whatever concepts were used, the Romans were not the first to experience internal war as a civil war—that is, a war between the citizens of a polity....

Is it possible to protect constitutional rights through simple procedural law

International Nuclear Information System (INIS)

Dolde, K.P.

1982-01-01

In the administration of justice and in legal literature of the Federal Republic of Germany increasingly more emphasis has been placed on the significance of procedural rights for the realization of basic civil rights, as they were defined in the constitution. Especially in the decision concerning the nuclear power plant at Muehlheim-Kaerlich, the Federal Constitutional Court has stressed the protection of constitutional rights by hearing the case in conjunction with the question of licensing of large industrial plants. Relevant to the protection of basic civil and constitutional rights are, according to the court, not only those regulations as prescribed by the constitution, but also those which, according to the will of the legislature, principally guarantee a constitutional right. The protection of basic rights is thus also guaranteed by civil rights, and not only through the constitution. In the opinion of the author, this will cause serious repercussions which should make corrections of this type of administration of justice necessary. (WBI) [de

Disability Discrimination and the Right of Disabled Persons to Access the Labour Market

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MC Marumoagae

2012-03-01

Full Text Available Inequality, discrimination and transformation remain the key challenges which most employers are faced with in the South African labour market. Key among such challenges has also been employers' ability to ensure that persons with disabilities access the labour market. In this paper I highlight employment discrimination experienced by persons with disabilities in South African workplaces, which often prohibits them from accessing employment opportunities. I argue that employers need to consider employing persons with disabilities and also reasonably to accommodate them within South African workplaces. I further illustrate efforts by the legislature to eradicate forms of unjustified discrimination against persons with disabilities through the enactment of the Employment Equity Act 55 of 1998. I argue that all of us need to understand how cultural, social, physical and other barriers continue to prevent persons with disabilities in South Africa from enjoying their constitutional rights to equality, freedom and human dignity, and further, that it is desirable that society at large and government work together towards eradicating barriers which prevent persons with disabilities from accessing the labour market.

Predictors of the sex offender civil commitment trial outcomes in New York State.

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Lu, Yunmei; Freeman, Naomi J; Sandler, Jeffrey C

2015-10-01

The present study analyzed sex offender civil management (i.e., civil commitment) legal proceedings in New York State and identified factors that predict trial results. Specifically, the current study compared a sample of 38 sex offenders who were released to the community after winning their civil management trials to 183 sex offenders who lost their civil management trials. Additionally, for the 183 sex offenders who lost their civil management trials, the current study compared 146 offenders who were ordered to inpatient civil commitment to 37 offenders who were deemed fit for civil management in the community. Results of the analyses indicated that sexual criminality, sexual deviance, and criminality involving child victims increased the likelihood of offenders both losing their civil management trial and being found to be in need of inpatient care, while the presence of variables associated with nonsexual criminality increased the likelihood of offenders both winning their civil management trials and being deemed fit for management in the community. The findings of this study provide guidance for psychiatric examiners who testify in civil management legal proceedings, as well as for legal professionals specializing in civil management cases. (c) 2015 APA, all rights reserved).

Honoring Dental Patients' Privacy Rule Right of Access in the Context of Electronic Health Records.

Science.gov (United States)

Ramoni, Rachel B; Asher, Sheetal R; White, Joel M; Vaderhobli, Ram; Ogunbodede, Eyitope O; Walji, Muhammad F; Riedy, Christine; Kalenderian, Elsbeth

2016-06-01

A person's right to access his or her protected health information is a core feature of the U.S. Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. If the information is stored electronically, covered entities must be able to provide patients with some type of machine-readable, electronic copy of their data. The aim of this study was to understand how academic dental institutions execute the Privacy Rule's right of access in the context of electronic health records (EHRs). A validated electronic survey was distributed to the clinical deans of 62 U.S. dental schools during a two-month period in 2014. The response rate to the survey was 53.2% (N=33). However, three surveys were partially completed, and of the 30 completed surveys, the 24 respondents who reported using axiUm as the EHR at their dental school clinic were the ones on which the results were based (38.7% of total schools at the time). Of the responses analyzed, 86% agreed that clinical modules should be considered part of a patient's dental record, and all agreed that student teaching-related modules should not. Great variability existed among these clinical deans as to whether administrative and financial modules should be considered part of a patient record. When patients request their records, close to 50% of responding schools provide the information exclusively on paper. This study found variation among dental schools in their implementation of the Privacy Rule right of access, and although all the respondents had adopted EHRs, a large number return records in paper format.

Rights or Repentance

Science.gov (United States)

Minnigerode, Fred A.

1977-01-01

Early data suggest that homosexuals are becoming more aware of their civil rights and more willing to fight for them. Men and women no longer have to repent for their homosexual feelings and behavior. Presented at the 1976 American Psychological Association Convention, Washington, D.C. (Author)

Improving the police activities in ensuring the constitutional rights and freedoms of man and citizen and interaction with civil society institutions: comprehensive measures

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Kirichek E.V.

2014-12-01

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.

Access to essential maternal health interventions and human rights violations among vulnerable communities in eastern Burma.

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Luke C Mullany

2008-12-01

Full Text Available BACKGROUND: Health indicators are poor and human rights violations are widespread in eastern Burma. Reproductive and maternal health indicators have not been measured in this setting but are necessary as part of an evaluation of a multi-ethnic pilot project exploring strategies to increase access to essential maternal health interventions. The goal of this study is to estimate coverage of maternal health services prior to this project and associations between exposure to human rights violations and access to such services. METHODS AND FINDINGS: Selected communities in the Shan, Mon, Karen, and Karenni regions of eastern Burma that were accessible to community-based organizations operating from Thailand were surveyed to estimate coverage of reproductive, maternal, and family planning services, and to assess exposure to household-level human rights violations within the pilot-project target population. Two-stage cluster sampling surveys among ever-married women of reproductive age (15-45 y documented access to essential antenatal care interventions, skilled attendance at birth, postnatal care, and family planning services. Mid-upper arm circumference, hemoglobin by color scale, and Plasmodium falciparum parasitemia by rapid diagnostic dipstick were measured. Exposure to human rights violations in the prior 12 mo was recorded. Between September 2006 and January 2007, 2,914 surveys were conducted. Eighty-eight percent of women reported a home delivery for their last pregnancy (within previous 5 y. Skilled attendance at birth (5.1%, any (39.3% or > or = 4 (16.7% antenatal visits, use of an insecticide-treated bed net (21.6%, and receipt of iron supplements (11.8% were low. At the time of the survey, more than 60% of women had hemoglobin level estimates < or = 11.0 g/dl and 7.2% were Pf positive. Unmet need for contraceptives exceeded 60%. Violations of rights were widely reported: 32.1% of Karenni households reported forced labor and 10% of Karen

The migrant in Argentina and the access to their rights. A brief overview of the rules, the policies and their stories

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Abigail Gómez

2014-06-01

Full Text Available Argentina receives immigrants from neighboring countries with serious deficiencies as regards their rights. The Argentinean government had to implement different policies to protect them, incorporating international treaties on human rights in their internal legal system and making public policies. Simultaneously, obstacles can be observed, when having access to these rights on an equal condition with Argentinean citizens. It is pertinent to analyze this situation using a methodological tool like an ethnographic study. The analysis will be divided into two parts, on the one hand, the migrant’s tools to have access to these basic human rights will be described, and on the other hand, it will be analyzed through court decisions, interviews and NGOs documents, if those rights are indeed satisfied. As a result, it is evident that while immigrants in Argentina have free access to benefits which in their countries are difficult to achieve, there are, still quantitative and qualitative inefficiencies, especially in health and education.

Reconfiguring the Law of Non-Refoulement: Procedural and Substantive Barriers for Those Seeking to Access Surrogate International Human Rights Protection

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Mark R. von Sternberg

2014-12-01

Full Text Available Both geographic and normative constraints restrict access to surrogate international human rights protection for those seeking a haven from serious human rights abuses. Primary among territorial restrictions has been the fall-out from the US Supreme Court’s decision in Sale v. Haitian Council Centers in which the court explicitly ruled that nothing in US statutory law, or in the 1951 Convention on Refugees or its 1967 Protocol, precluded the interdiction of Haitian refugees in international waters and their return to the country of origin without an effective interview on their protection clams. This ruling is in transparent contradiction to the general international law norm of non-refoulement according to modern scholarship and emerging case law. This paper concludes that Sale should be overturned by statute as should related pre-screening practices. A new standard of “jurisdiction” should be adopted which does not depend on territorial access to a signatory state but on whether the state is exercising power in fact. Similar concerns exist with respect to safe third country agreements which often offend the international customary right of the asylum seeker to choose where his or her claim will be filed. This paper argues that the right of choice should be recognized and onward travel and admission to the country of destination allowed. This result is especially called for where return of the alien by the country of first contact raises serious concerns under the law of non-refoulement. Imbalances noted in this paper include those generated by the new terrorism related grounds of inadmissibility in theUnited States and the summary denial of children’s asylum claims flowing from gang violence.Other questions are raised in this paper concerning work authorization and detention of asylum seekers. Access to an employment authorization document for those filing colorable claims should be recognized by statute to render US practice

Direitos civis dos jovens e a insegurança urbana Youth civil rights and urban insecurity

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Augusto Caccia-Bava Junior

2007-05-01

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.

Mine and land ownership in operation planning procedures. On the framing of issues of conflicting civil rights under administrative law

International Nuclear Information System (INIS)

Schmidt-Assmann, E.; Schoch, F.

1994-01-01

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) [de

28 CFR 104.61 - Limitation on civil actions.

Science.gov (United States)

2010-07-01

... COMPENSATION FUND OF 2001 Limitations § 104.61 Limitation on civil actions. (a) General. Section 405(c)(3)(B) of the Act provides that upon the submission of a claim under the Fund, the claimant waives the right...

Addressing the Impediments to the Realization and Enjoyment of Socio-Economic Rights under the ICESCR

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Abiodun Odusote

2014-12-01

Full Text Available The realization and enjoyment of socio-economic rights is crucial to overcoming the challenges of abject poverty. These rights offer those living in poverty access to the basic and essential things that are necessary to live a dignified life. However, it is generally agreed that the protection and enjoyment of socio-economic rights is accorded less importance amongst the comity of civilized nations. Majority of governments give priority to the protection of civil and political rights to the detriment of socio-economic rights. Despite the United Nations stance on the non-hierarchical structure within human rights classifications, there is general ambivalence towards the violation of socio-economic rights by those entrusted to protect them. Though many international and regional treaties protect socio-economic rights, which instruments have been domesticated by countries; the picture appears gloomy in terms of effective realisation and protection of socio-economic rights. Their enforcements still remain a challenge for this millennium. The impediments to the realization of these rights are the focus of this paper. Through a detailed analysis of international, regional and domestic legislative framework and jurisprudence, this study provides a systematic exposition of the obstacles that impact on the ability of states to fulfil their socio-economic rights obligations under the various and diverse instruments. The impediments that are discussed in this paper include: a proliferations of human rights; corruption and inept leadership in Africa; inadequate enforcement mechanism; poor and ineffective state reports; international sanctions; wars and conflicts; globalization; debt repayment by developing countries; difficulties of monitoring compliance by State Parties and conflict of laws. In conclusion, the paper proffers a panacea and alternative models for the realization and enjoyments of socio-economic rights.

The collision of rights and its impact on access to essential medicines: Challenges for South America

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Raúl Allard Soto

2018-05-01

Full Text Available The collision between intellectual property rights and the right to health due to obligations assumed simultaneously –the WTO trips Agreement and the United Nations International Covenant on Economic, Social and Cultural Rights– by the twelve countries of South America, has had a profound impact regarding their populations access to essential medicines. The paper reports this situation in the region, while placing it in the context of the debate on trade and human rights, which has been particularly strong since the beginning of this century in the field of public health. The need for South American countries to strengthen intraregional cooperation as well as the promotion of South-South cooperation in access to essential medicines, taking into account the prevalence of pharmaceutical patents held by private laboratories in the northern hemisphere, is underlined. The advances made in this direction by the South American Health Council of Unasur, together with its actions as a regional bloc at the WTO meetings, are promising steps that must be complemented by the development of joint drug production capabilities.

“Religious Freedom” as a Tool to Oppress: The Explosion in Religion-Based Attacks on Civil Rights in Litigation

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Alex J. Luchenitser

2016-09-01

Full Text Available Over the last half-decade, there has been an explosion in the United States of lawsuits in which claims to religious liberty have been used to justify abridging the civil rights of women, LGBTQ people, and other minorities. This article surveys such litigation in several areas: health-insurance coverage, healthcare services, marriage-related services, employment, and housing. For each area, the article analyzes recent litigation, compares it to earlier activity (if any, and discusses the kinds of arguments that have been made, how courts have responded to them, and how such arguments are likely to fare in the future. The article concludes that the ultimate fate of many of these kinds of cases will likely be determined by who the next member is of a U.S. Supreme Court that is currently split four-four between social liberals and conservatives.

Criminal law repercussions on the Civil Protection System

Science.gov (United States)

Altamura, M.; Musso, L.

2009-09-01

The legal systems of our Countries provide the citizenship with a high level of protection. Personal safety and the protection of property are guaranteed by the State through organized structures among which we can include the Civil Protection. The progress of science and technology has greatly improved monitoring tools, currently used by the Civil Protection, which allow, to a certain extent, to predict and prevent risk and natural hazards. The assertion of an individual right, which in some cases has reached a constitutional rank, to benefit from Civil Protection services and the widespread perception throughout the citizenship of the competence of the system to prevent disasters, often causes people to take legal action against Civil Protection authorities should they fail in their duties to protect. However, the attempt of having both recognized an economic compensation for the suffered loss and the punishment of those whom misled, frequently undergoes criminal law. This process could have results that may jeopardize the effectiveness of Civil Protection service without meeting citizens’ demands. A dual effort is thus necessary in order to solve such a problem. On the one hand, an interdisciplinary knowledge needs to pervade criminal law in an attempt to relieve its self-referentiality and pretended supremacy. On the other hand an alternative, and more agile, system -such as civil or administrative law- has to be identified in order to respond to the legitimate requests for protection in the case of a faulty behaviour of the authorities.

Rights of Women and Access to Land in Sénégal : a Citizenship to ...

International Development Research Centre (IDRC) Digital Library (Canada)

The feminization of poverty in Sénégal seems largely related to women's difficulty in accessing resources, notably land. Patrilinear modes of social organization persist despite the existence of laws protecting the rights of women. Several research works have attempted to explain the persistence of gender-based injustice.

Department of Civil Procedure and Formation of Its Scientific School

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Вячеслав Васильович Комаров

2016-06-01

Full Text Available The article deals with research of the early stage of formation of scientific school of department of Civil Procedure of Yaroslav Mudryi National Law University. The achievements of the scientists of the department are analyzed, who were the intellectual founders of its scientific and pedagogical traditions. The urgent problems of civil procedure law science of that time and the scientific achievements of the department, which became cornerstones for its future development and next generations of procedural law scientists, are highlighted. The article presents the research of the subject of civil procedural law by S.Yu. Katz and L.Y. Nosko. Description of L.Y. Nosko’s works is made, in which the author examined some aspects of the method of legal regulation of civil procedure law, which at that time was innovative research direction. M.M. Vasilchenko’s research on the problem of the right to judicial protection as applied in terms of realization of the right to judicial protection by the defendant in a civil process is highlighted. Attention is drawn to the problem of theory of judicial decisions as judicial acts on implementation of the functions of justice in civil cases, particularly to T.N. Gubar’s dissertation research on this issue and to some other research works of the scientist. Yu. M. Chuikov’s position on the legal nature of a separate ruling are analyzed, which were highlighted in a monographic work of a scientist "Separate ruling in civil proceedings". In his further research, the scientist through the institute of separate ruling moves to more generalized research subject - preventive and educational activities of the court as a whole. Part of the work describes the research activities and scientific interests of A.M. Smetska, namely research on general issues on enforcement proceedings. The article also gives a brief description of the further research of the department and educational-methodical literature of the

Advanced e-Infrastructures for Civil Protection applications: the CYCLOPS Project

Science.gov (United States)

Mazzetti, P.; Nativi, S.; Verlato, M.; Ayral, P. A.; Fiorucci, P.; Pina, A.; Oliveira, J.; Sorani, R.

2009-04-01

During the full cycle of the emergency management, Civil Protection operative procedures involve many actors belonging to several institutions (civil protection agencies, public administrations, research centers, etc.) playing different roles (decision-makers, data and service providers, emergency squads, etc.). In this context the sharing of information is a vital requirement to make correct and effective decisions. Therefore a European-wide technological infrastructure providing a distributed and coordinated access to different kinds of resources (data, information, services, expertise, etc.) could enhance existing Civil Protection applications and even enable new ones. Such European Civil Protection e-Infrastructure should be designed taking into account the specific requirements of Civil Protection applications and the state-of-the-art in the scientific and technological disciplines which could make the emergency management more effective. In the recent years Grid technologies have reached a mature state providing a platform for secure and coordinated resource sharing between the participants collected in the so-called Virtual Organizations. Moreover the Earth and Space Sciences Informatics provide the conceptual tools for modeling the geospatial information shared in Civil Protection applications during its entire lifecycle. Therefore a European Civil Protection e-infrastructure might be based on a Grid platform enhanced with Earth Sciences services. In the context of the 6th Framework Programme the EU co-funded Project CYCLOPS (CYber-infrastructure for CiviL protection Operative ProcedureS), ended in December 2008, has addressed the problem of defining the requirements and identifying the research strategies and innovation guidelines towards an advanced e-Infrastructure for Civil Protection. Starting from the requirement analysis CYCLOPS has proposed an architectural framework for a European Civil Protection e-Infrastructure. This architectural framework has

Re-thinking civil disobedience

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Theresa Züger

2013-11-01

Full Text Available This article points out a struggle of today’s societies with the traditional concepts of civil disobedience and stresses the need for reevaluation of the concept of civil disobedience for policy making and public discourse. Starting with a minimal definition of civil disobedience, the article introduces Hannah Arendt’s approach for a legitimisation of civil disobedience and discusses her ideas for digital actions, which are increasingly framed as digital forms of civil disobedience. Addressing WikiLeaks as an example of digital civil disobedience, the author problematises the internal secrecy of WikiLeaks and the focus on Julian Assange as a single decision-maker. Both aspects challenge Arendt’s understanding of legitimate civil disobedience. Even though traditional criteria of civil disobedience need to be revisited in the digital age, organisations or disobedience actors might themselves in their actions be well-advised to comply with the principles they fight for.

As the Child Reads: The Treatment of Minorities in Textbooks and Other Teaching Materials. Conference Report, National NEA-PR&R Conference on Civil and Human Rights in Education (Washington, D. C., February 8-10, 1967).

Science.gov (United States)

Hart, Elinor, Ed.

The conference on "The Treatment of Minorities in Textbooks and Other Teaching Materials" was held on February 8-10, 1967 in Washington, D.C. It was sponsored by the National Education Association and the Committee on Civil and Human Rights of Educators of the Commission on Professional Rights and Responsibilities. Attending the conference were…

Training Presentation for NASA Civil Helicopter Safety Website

Science.gov (United States)

Iseler, Laura

2002-01-01

NASA civil helicopter safety News & Updates include the following: Mar. 2002. The Air Medical Operations Survey has been completed! Check it out! Also accessible via the Mission pages under Air Medical Mission. Air Medical and Law Enforcement Mission pages have been added. They are accessible via the Mission pages. The Public Use, Personal, Offshore, Law Enforcement, External Load, Business and Gyro accident pages (accessable via the Mission page) have been updated. Feb. 2002. A Words of Wisdom section has been added. You can access it by clicking the Library button. A link to a Corporate Accident Response Plan has been added to the Accident page. The AMs, Aerial Application and Instruction accident pages (accessable via the Mission page) have been updated. Jan. 2002. A new searchable safety article database has been added. You can access it by clicking the Library button. The 2001 accident summaries have been updated and the statistics have been compiled - check it out by clicking the accident tab to the left. Dec. 2001. Please read the FAA Administrator's memo regarding the latest FBI warning. 3ee the FAA column - Fall 2001 Read it now!

The Myth of Free and Barrier-Free Access: India's Right to Education Act--Private Schooling Costs and Household Experiences

Science.gov (United States)

Srivastava, Prachi; Noronha, Claire

2016-01-01

We examine relative household costs and experiences of accessing private and government schooling under India's "Right of Children to Free and Compulsory Education Act, 2009" in the early implementation phase. The Act deems that no child should incur any fee, charges, or expenses in accessing schooling. Private schools are mandated to…

Accessing social rights in Denmark

DEFF Research Database (Denmark)

Jacqueson, Catherine

2015-01-01

are in decreasing order Polish, German and British nationals. Debates among politicians reflected in the media have since the enlargement of the EU to 10 new Member States in 2004 focused on and off on the issue of access by migrants to social benefits and the issue of social tourism. The debate and discussions...... 2014. The reason for that is the government’s change of practice in administrating family benefits, granting them to all Union citizens lawfully residing in Denmark without any requirement of prior residence in the country. This change was the result of a request from the European Commission...

Human Rights in Sino-American Relations

National Research Council Canada - National Science Library

Day, Jana

2002-01-01

.... Key among these has been human rights, which both countries view differently. Whereas the United States emphasizes individual civil and political liberties, the People's Republic of China (PRC...

The Indispensable Reform and the Judiciary as Corollaries Access to Justice

Directory of Open Access Journals (Sweden)

Benedito Cerezzo Pereira Filho

2016-05-01

Full Text Available Access to justice does not limit itself to the sole faculty of adjudicating or contesting a given action. This rather simple notion has left juridical and jurisdictional theory and practice a while ago. In order for the magnitude of this institute be achieved, it is neces- sary to analyze Right and judicial power, taking into consideration the historical contin- gency, the juridical-evaluative changes and, therefore, the very notion of jurisdiction. The understanding of rights and wrongs of the past is obligatory to understanding the present and projecting oneself into the future. This connection between today and tomorrow shall illuminate the true reach of the access to justice. On the other hand, working the new, held tight against the walls of the past, is denying or, at least, blurring the unders- tanding that is desired as answer to social demand taken to accountability in a judicial decision. It is, hence, essential to transcend times without falling in the trap of discussing once more the theories of the past. It does not mean denying them, but respecting their content, while considering the historical contingency to which they were submitted to. The notion of access to justice, then, should be attached to the theories of its own time, separated from those of  long gone periods. It is denying access to justice when one does not allow a theory in which one can understand the ‘action’ as a fundamental right and deserving of the utmost protection by the State because it truly and effectively guards certain rights. In this point, the performance of the judge is of vital importance for the civil procedure to fulfill its constitutional function of delivering to the claimants an ade- quate, timely and effective judicial protection. That is why the vision and the concept of jurisdiction are equally relevant.

75 FR 34465 - Office for Civil Rights and Civil Liberties; Guidance to Federal Financial Assistance Recipients...

Science.gov (United States)

2010-06-17

..., language can be a barrier to accessing important benefits or services, understanding and exercising... all of the following options for providing competent interpreters in a timely manner. Competence of Interpreters. When providing oral assistance, recipients should ensure competency of the language service...

Civil Identity

DEFF Research Database (Denmark)

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 philosophy...

Liability according to civil law regarding border-crossing nuclear damage

International Nuclear Information System (INIS)

Baer, Caroline

1987-12-01

The problem of the liability in border-crossing damage caused by a nuclear-reactor accident is divided into two different areas: the liability according to international law of the state, and liability according to civil right of the licensee of a nuclear power plant. In this study attention is paid to the question of the liability according to civil right: is it possible that an aggrieved obtains compensation for damage? This is investigated on the basis of three standard questions of international private law: which judge is qualified, which law is to be applied, and is acknowledgement and execution of foreign sentences possible? First a historical survey is given of international agreements and national legislations regarding third-party liability. (author). 112 refs

The human right of access to drinking water: a continental analysis based on World Water Forums

Directory of Open Access Journals (Sweden)

Lorenzo Zorzi

2016-11-01

Full Text Available At the end of the 1980s, development and human rights were treated as separate issues, with distinct and divergent strategies and goals. After two decades, our understanding of the issue has evolved, and it has become clear that there is no way to separate the two issues. Currently, interest in human rights is increasing, and is focusing particularly on developing a consensus based upon international standards in order to promote and protect such rights. In this context, after numerous negotiations, the right to access potable water has come to be understood as a human right. This paper discusses the issue of water as a human right based upon the analysis of the World Water Forum which has existed since 1997 and involves the public, private and scientific sectors. The qualitative textual analysis was based upon documentation of these events.

Decision of the court as a result of the occurence, change, termination and adjustment of subjective civil liability (theoretical and practical aspects

Directory of Open Access Journals (Sweden)

В. В. Надьон

2017-12-01

Full Text Available One of the main reasons for the occurence, change, termination and adjustment of subjective civil responsibility is a legal fact. Under the legal fact in theory, the specific circumstances envisaged by the rules of law are understood, with the occurrence, change and termination of legal relations. Often, subjective civil rights and responsibilities arise from obligations (contractual, non-contractual, as well as from a unilateral transaction. However, the Civil Code of Ukraine (hereinafter the Civil Code of Ukraine provided for the possibility of civil rights and responsibilities arising from acts of civil law (Part 3 of Article 11 of the Civil Code of Ukraine, as well as in cases established by acts of civil law, civil rights and responsibilities may arise from a court decision (Part 5 of Article 11 of the Civil Code of Ukraine. Concerning this provision in practical activity there are problematic issues, namely the possibility of generating court decisions of obligations Thus, the purpose of the article is to analyze the occurance, change, termination and adjustment of subjective responsibility by a court decision. Subjective responsibility  arises in a commitment (contractual or non-contractual. In case of non-fulfillment or improper performance of a subjective responsibility by the debtor, the creditor has the right to apply to the court for the protection of his violated right. In this case, the subjective responsibility that arose in a contractual obligation turns into civil liability, and with the decision of the court a new category of subjective responsibility arises, ie the category of responsibility is combined with the category of civil- legal liability. Consequently, a court decision gives rise to a new subjective responsibility, which must be performed voluntarily or by force. Consequently, in the cases of voluntary fulfillment by the obligated person of the main and additional responsibility, the category of responsibility is

"It's our DNA, we deserve the right to test!" A content analysis of a petition for the right to access direct-to-consumer genetic testing.

Science.gov (United States)

Su, Yeyang; Borry, Pascal; Otte, Ina C; Howard, Heidi C

2013-09-01

Various companies are currently advertising or selling genetic tests over the internet using a model of provision referred to as 'direct-to-consumer' (DTC). This commercial offer of DTC genetic testing (GT) has fueled a number of scientific, ethical and policy debates. To date there have been few studies published regarding the users' perspective. This study aimed to obtain information regarding the issues raised by individuals who signed a petition in support of DTC GT and the 'unrestricted' access to their genetic information. We conducted qualitative content analysis of comments written by individuals who signed a public online petition initiated by DIYgenomics (CA, USA) to support "personal access to genetic information". Of the 523 individuals who signed the petition sponsored by DIYgenomics, 247 individuals also wrote individual comments. A content analysis of these comments reveals that petitioners raised six main issues in support of unrestricted access to DTC GT: that their ownership of their DNA should allow them to have unrestricted access to their genomic information; that they should have the right to their genomic information; that the government has no place in (further) regulating DTC GT; that healthcare professionals should not be placed as intermediaries when purchasing DTC GT services; that many petioners who had already obtained DTC GT had positive experiences with this model of provision; and that genealogy or ancestry DNA testing is one of the main activities petitioners wish to have 'unrestricted' or 'direct' access. These results give insight into why individuals may support unrestricted access to their genomic information and confirm some of the motivations of users for purchasing DTC GT. Our analysis also brings to the forefront themes that have been raised less often in empirical studies involving motivations to purchase DTC GT services; these include the strongly held beliefs of some petitioners that, since they own their DNA, they

Contractual Penalty and the Right to Payment for Delays Caused by Force Majeure in Czech Civil Law under the New Civil Code

OpenAIRE

Janku Martin

2015-01-01

In the context of the conclusion of contracts between entrepreneurs under the Czech Civil Code, it is a relatively common arrangement that the parties disclaim any and all liability for damage arising from non-compliance with contractual obligations, if they can prove that this failure was due to an obstacle independent of their will. This circumstance excluding liability for the damage is called force majeure by the theory. In many countries this circumstance is ruled upon directly by the le...

Community Disaster and Sustainability Teams for Civil Protection

Science.gov (United States)

Kelman, I.; Cordonnier, B.

2009-04-01

Many examples of community-based teams for civil protection and disaster risk reduction exist. Turkey has a Community Disaster Volunteer Training Program while the USA has Community Emergency Response Teams which have been extended into secondary schools as Teen School Emergency Response Training. The principles and practices of these teams further apply directly to other development and sustainability endeavours, all of which are intricately linked to disaster risk reduction and civil protection. An example is keeping local water courses and storm drains clear from rubbish. That improves community health and cleanliness while assisting rainfall drainage to reduce flood risk. The "community teams" concept, as implemented for civil protection and disaster risk reduction, therefore connects with day-to-day living, such as ensuring that all community members have adequate access to water, food, waste management, shelter, health care, education, and energy. Community teams should be based on the best science and pedagogy available to ensure that concepts, training, skills, and implementation are effective and are maintained over the long-term. That entails going beyond the interest that is commonly generated by highlighting high-profile events, such as hurricanes and earthquakes, or high-profile concerns, such as climate change or terrorism. When community teams are focused on high-profile challenges, maintaining interest can be difficult without specific manifestations of the perceived "number one threat". Incorporating day-to-day concerns into civil protection can overcome that. For example, the community teams' talents and energy could be used for picking up rubbish, for educating about health and waste disposal, and for conducting vulnerability assessments in order to inspire action for continual vulnerability reduction. In addition to the examples given above, Japan's Jishu-bosai-soshiki community activities and Asia's "Townwatch" initiative adopt wider and deeper

Groups Rights Struggles Are Mutually Beneficial

Science.gov (United States)

Buggs, John A.

1975-01-01

A report on the extent and impact of sex discrimination in America which argues that there is as much legitimacy in the fight for equal rights for women as there is for minorities and that the needs of minorities and women in the field of civil rights are complementary rather than conflicting. (EH)

Political Experiences and Social Imagery Regarding Reelection in Mexico, 1928-1964. The Transformation of a Civil Right into a Political Principle and Social Taboo

Directory of Open Access Journals (Sweden)

Luis Anaya Merchant

2004-10-01

Full Text Available This article reviews both the political circumstances that guided constitutional  reforms regarding  the  reelection of legislators (1933 and the  ones  that  led to the  couter-refórm (1964 but were, however, lost in historical oblivion. It is very interesting to observe the process through which a civil right (reelection transforms into a political. principle (nonreelection and then into a taboo that impregnated  social imagery well into the twentieth century.  Although restablishing  the right to reelection in itself contributes only  fragmentarily to a better functioning of legislative power, it implies the possible emergence of both old and new institutional risks and costs, so in Mexico —during the twentieth century- this issue could not be discussed soberly and responsibly in all its complexities.

Surface rights

Directory of Open Access Journals (Sweden)

Regina Célia Corrêa Landim

2009-06-01

Full Text Available In many cities of Brazil, social inequality is illustrated by violence, poverty, and unemployment located next to luxurious residential towers and armored passenger cars. In the face of this situation, the National Movement of Urban Reform encouraged the inclusion of the social function of property in Brazil's new constitution of 1988. Surface rights represent an urbanistic instrument in the city statute that is best aligned to the constitutional principles and urban policies. The current article compares two laws that govern the principle of surface rights and provides a brief history of the evolution of the state based on illuminism and the consequent change in paradigm affecting individual rights, including property and civil rights, and their interpretation under the Constitution. The article concludes by suggesting the use of land surface rights in a joint operation, matching the ownership of the property with urban planning policies and social interest.

Civil law

NARCIS (Netherlands)

Hesselink, M.W.; Gibbons, M.T.

2014-01-01

The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is

Harmonization of the Ukrainian civil service with international and EU standards

Directory of Open Access Journals (Sweden)

L. V. Prudyus

2016-07-01

Full Text Available In the article the issue on harmonization of the civil service with the international and EU standards as one of the key direction of implementation of the Reform Strategy of civil service and service in local self­government bodies for the period up to 2017 was researched. It was established that examples of the most effective management practice can be considered as a standard on which could be oriented states that seek to move to a more efficient and effective public administration. It was approached the issue «European standards of the public administration» as the complex of principles and standards of the establishing and implementation of politics, requirements to the management system. These concepts create will­free and subsequent application to harmonize with the model on building and realization of the modern people oriented public power; «European standards of the civil service» as the requirements to the organization, functionality, structure and management of the civil service system of the EU countries, which established by the legislation and informal cooperation for the ensuring the mission, aim and tasks of the EU and were established by founding treaties. It was summarized that good governance became in the EU as the paradigm for ensuring of the real effect to the democracy values and standards, human rights protection, rule of law, obligatory public administration in all levels. It was implemented according to 12 principles: 1 fair elections, representation and participation; 2 sensitivity to the citizens needs and expectations; 3 efficiency and effectiveness; 4 openness and transparency; 5 the rule of law; 6 ethical behavior; 7 the ability and competence; 8 innovation and openness to change; 9 sustainability and focus on long­term results; 10 sound financial management; 11 human rights, cultural diversity and social cohesion; 12 accountability. It was proven that civil service harmonization with the international and

Policing plutonium: the civil liberties fallout

International Nuclear Information System (INIS)

Ayres, R.W.

1975-01-01

The most significant social cost of plutonium may be the legal problem of adjusting public safety with individual civil liberties. Safeguards to keep plutonium from criminals and terrorists will require a sacrifice of personal liberties and basic changes in the legal framework. Individuals will be denied many of the rights of privacy, expression, and association they have taken for granted. There will be a division between people associated with the nuclear industry and those outside it. Protective measures could result in a general feeling of suspicion, persecution, and distrust. If an incident should occur, the public would be caught between the perpetrators and the government, with search and seizure conditions similar to a civil war. Significant reduction of energy consumption should be imposed and all other sources of energy fully exploited or proven unworkable before undertaking a program with such consequences

Registration of civil status: formal link between family and succession intestate

Directory of Open Access Journals (Sweden)

Malena Proenza-Reyes

2017-01-01

Full Text Available The work presented to assess the main issues of the registration procedure in the field of civil status to inheritance effects, regard certificates issued by the Civil Registry official proof of family status as the main requirement to have place intestate succession; advertising of the facts and acts which constitute the formal link between this family and inheritance law on registration insufficient treatment, generates the violation of subjective rights that can be a starter. Supported the present methods of social research and analysis-synthesis and analysis of content, make important results in the national context from the characteristics presented Cuban society today and especially the Registers of Civil Status in the country.

Segregation, civil rights, and health disparities: the legacy of African American physicians and organized medicine, 1910-1968.

Science.gov (United States)

Washington, Harriet A; Baker, Robert B; Olakanmi, Ololade; Savitt, Todd L; Jacobs, Elizabeth A; Hoover, Eddie; Wynia, Matthew K; Blanchard, Janice; Boulware, L Ebony; Braddock, Clarence; Corbie-Smith, Giselle; Crawley, LaVera; LaVeist, Thomas A; Maxey, Randall; Mills, Charles; Moseley, Kathryn L; Williams, David R

2009-06-01

Between 1910 and 1968, the National Medical Association (NMA) repeatedly clashed with the American Medical Association (AMA) over the latter organization's racial bars to membership and other health policy issues. The NMA, founded in 1895 as a nonexclusionary medical society to provide a voice for disenfranchised black physicians and patients, struggled in its early years, during which AMA leadership took scant notice of it. But skirmishes ensued over such actions as stigmatizing racial labels in the AMA's American Medical Directory, which, beginning in 1906, listed all U.S. physicians but designated African Americans with the notation col. The NMA also repeatedly asked the AMA to take action against overt racial bars on blacks' membership in its constituent state and county societies. During the civil rights era, African American physicians received no AMA support in seeking legal remedies to hospital segregation. And the NMA and AMA found themselves opposed on other policy issues, including Medicaid and Medicare. These differences eventually catalyzed a series of direct confrontations. The 1965 AMA meeting in New York City, for example, was protested by about 200 NMA-led picketers. The NMA's quest for racial equality in medicine was supported by some other medical organizations, such as the Medical Committee for Human Rights. In 1966, the AMA House voted to amend the AMA Constitution and Bylaws, giving its Judicial Council (now the Council on Ethical and Judicial Affairs) the authority to investigate allegations of discrimination. This paved the way for a subsequent era of increasing cooperation and understanding.

“Reasonable Accommodation” and “Accessibility”: Human Rights Instruments Relating to Inclusion and Exclusion in the Labor Market

Directory of Open Access Journals (Sweden)

Marianne Hirschberg

2016-01-01

Full Text Available Ableism is a powerful social force that causes persons with disabilities to suffer exclusion. The UN Convention on the Rights of Persons with Disabilities (CRPD is based on the human rights principles of equality and freedom for all people. This Convention contains two human rights instruments: the principle of accessibility and the means of reasonable accommodation, which can be used to protect the human rights of disabled persons. The extent to which they are used depends on whether the state implements the Convention adequately and whether companies accept their responsibility with respect to employing disabled persons and making workplaces available and designing them appropriately. Civil society can demand the adequate implementation of the human rights asserted in the CRPD and, thus, in national legislation, as well. A crucial point here is that only a state that has ratified the Convention is obliged to implement the Convention. Civil society has no obligation to do this, but has the right to participate in the implementation process (Art. 4 and Art. 33 CRPD. The Convention can play its part for disabled persons participating in the labor market without discrimination. If it is not implemented or not heeded sufficiently, the state must push this and put more effort into its implementation. If the state does not do this, this violates human rights and has direct consequences for the living conditions of disabled persons. The powerful ideological force of ableism then remains dominant and hampers or prevents the participation of persons with disabilities in the labor market and, thus, in society as a whole.

Reconceptualizing Civil Regulation

DEFF Research Database (Denmark)

Galang, Roberto Martin; Castello, Itziar

2011-01-01

This article re-conceptualizes the notion of civil regulation, through an analysis of 775 projects by firms located in 21 Asian countries, wherein we map the state of civil regulation initiatives in the region. We challenge two established assumptions in the Corporate Social Responsibility litera....... Finally, we argue that, in Asia, governments act as a structuration mechanism which challenges the current understanding of CSR.......This article re-conceptualizes the notion of civil regulation, through an analysis of 775 projects by firms located in 21 Asian countries, wherein we map the state of civil regulation initiatives in the region. We challenge two established assumptions in the Corporate Social Responsibility...... and environmental standards; but also that local, small and medium companies play a key role in the development of Asian civil regulation. We call this second finding the “CSR importation trap”. Our findings are supported by evidence on the limitations in the interchangeable properties of business and governments...

European laws on compulsory commitment to care of persons suffering from substance use disorders or misuse problems- a comparative review from a human and civil rights perspective.

Science.gov (United States)

Israelsson, Magnus; Nordlöf, Kerstin; Gerdner, Arne

2015-08-28

Laws on compulsory commitment to care (CCC) in mental health, social and criminal legislation for adult persons with alcohol and/or drug dependence or misuse problems are constructed to address different scenarios related to substance use disorders. This study examines how such CCC laws in European states vary in terms of legal rights, formal orders of decision and criteria for involuntary admission, and assesses whether three legal frameworks (criminal, mental and social law) equally well ensure human and civil rights. Thirty-nine laws, from 38 countries, were analysed. Respondents replied in web-based questionnaires concerning a) legal rights afforded the persons with substance use problems during commitment proceedings, b) sources of formal application, c) instances for decision on admission, and d) whether or not 36 different criteria could function as grounds for decisions on CCC according to the law in question. Analysis of a-c were conducted in bivariate cross-tabulations. The 36 criteria for admission were sorted in criteria groups based on principal component analysis (PCA). To investigate whether legal rights, decision-making authorities or legal criteria may discriminate between types of law on CCC, discriminant analyses (DA) were conducted. There are few differences between the three types of law on CCC concerning legal rights afforded the individual. However, proper safeguards of the rights against unlawful detention seem still to be lacking in some CCC laws, regardless type of law. Courts are the decision-making body in 80 % of the laws, but this varies clearly between law types. Criteria for CCC also differ between types of law, i.e. concerning who should be treated: dependent offenders, persons with substance use problems with acting out or aggressive behaviors, or other vulnerable persons with alcohol or drug problems. The study raises questions concerning whether various European CCC laws in relation to substance use disorder or misuse problems

The Impact of Creating Civil Unions for Same-Sex Couples on Delaware’s Budget

OpenAIRE

Herman, Jody L.; Konnoth, Craig J.; Badgett, M.V. Lee

2011-01-01

This report analyzes the impact on Delaware’s state budget of introducing civil union rights for same-sex couples. It estimates that a law recognizing civil unions between same-sex partners will cost the State $1.18 million over the three years following the measure, or only $390,000 per year. The costs and benefits accrued will change every year, as the number of same-sex couples entering civil unions each year will change. The State will see savings in expenditures on state means-tested pub...

The Civil Liability of Accountants: a study focusing the new Brazilian civil code of 2002 from the perspective of professional ethics

Directory of Open Access Journals (Sweden)

Ketlyn da Silva Pasquali

2016-09-01

Full Text Available One of the trends in the development of accountancy is the alignment of accounting principles, ethics and civil liability. In this context, this study analyzes the perception of accountants with respect to professional ethics and liability in view of the new Brazilian civil code adopted in 2002. To examine professional ethics, we investigated the perception of accountants as to civil liability, the hypotheses of incidence, and preventive measures for protecting rights and interests in light of the new civil code, using a descriptive and quantitative approach.  Data was collected by means of a questionnaire applied to a sample of 52 accountants belonging to the Accountants Union of Cascavel and Region.  Comparisons were made of the responses using graphical analysis and consensus analysis.  On the basis of the results obtained, we can conclude that the accountants  attribute importance to the use of ethics in their professional practice and that there is very strong consensus on the obligation to carry out the accounting profession zealously and with technical expertise. With regard to the degree of knowledge concerning civil responsibility and liability in the execution of their activities, we observed that these professionals know the penalties for malicious and intentional unethical acts in the exercise of the profession. Future research could explore self-assessment for further investigation with the purpose of developing a sense of individual responsibility and critical spirit.

Costing human rights and community support interventions as a part of universal access to HIV treatment and care in a Southern African setting.

Science.gov (United States)

Jones, Louisa; Akugizibwe, Paula; Clayton, Michaela; Amon, Joseph J; Sabin, Miriam Lewis; Bennett, Rod; Stegling, Christine; Baggaley, Rachel; Kahn, James G; Holmes, Charles B; Garg, Navneet; Obermeyer, Carla Makhlouf; Mack, Christina DeFilippo; Williams, Phoebe; Smyth, Caoimhe; Vitoria, Marco; Crowley, Siobhan; Williams, Brian; McClure, Craig; Granich, Reuben; Hirnschall, Gottfried

2011-09-01

Expanding access to antiretroviral therapy (ART) has both individual health benefits and potential to decrease HIV incidence. Ensuring access to HIV services is a significant human rights issue and successful programmes require adequate human rights protections and community support. However, the cost of specific human rights and community support interventions for equitable, sustainable and non-discriminatory access to ART are not well described. Human rights and community support interventions were identified using the literature and through consultations with experts. Specific costs were then determined for these health sector interventions. Population and epidemic data were provided through the Statistics South Africa 2009 national mid-year estimates. Costs of scale up of HIV prevention and treatment were taken from recently published estimates. Interventions addressed access to services, minimising stigma and discrimination against people living with HIV, confidentiality, informed consent and counselling quality. Integrated HIV programme interventions included training for counsellors, 'Know Your Rights' information desks, outreach campaigns for most at risk populations, and adherence support. Complementary measures included post-service interviews, human rights abuse monitoring, transportation costs, legal assistance, and funding for human rights and community support organisations. Other essential non-health sector interventions were identified but not included in the costing framework. The annual costs for the human rights and community support interventions are United States (US) $63.8 million (US $1.22 per capita), representing 1.5% of total health sector HIV programme costs. Respect for human rights and community engagement can be understood both as an obligation of expanded ART programmes and as a critically important factor in their success. Basic rights-based and community support interventions constitute only a small percentage of overall programmes

Civil partnerships five years on.

Science.gov (United States)

Ross, Helen; Gask, Karen; Berrington, Ann

2011-01-01

The Civil Partnership Act 2004, which came into force in December 2005 allowing same-sex couples in the UK to register their relationship for the first time, celebrated its fifth anniversary in December 2010. This article examines civil partnership in England and Wales, five years on from its introduction. The characteristics of those forming civil partnerships between 2005 and 2010 including age, sex and previous marital/civil partnership status are examined. These are then compared with the characteristics of those marrying over the same period. Further comparisons are also made between civil partnership dissolutions and divorce. The article presents estimates of the number of people currently in civil partnerships and children of civil partners. Finally the article examines attitudes towards same-sex and civil partner couples both in the UK and in other countries across Europe.

Sociedad civil y educación de la conciencia moral

Directory of Open Access Journals (Sweden)

José Manuel TOURIÑÁN LÓPEZ

2009-11-01

Full Text Available RESUMEN: El sentido de lo social se ha enriquecido en nuestros días debido al carácter transnacional de las acciones globales. Ya no hablamos simplemente de derechos sociales que requieren la subsidiación del Estado con unos medios que no pertenecen a ningún individuo en particular; hablamos de derechos que reclaman la cooperación positiva de los Estados y la sociedad civil, más allá de las fronteras territoriales. Esto modifica el carácter de territorialidad del Estado y el sentido del compromiso de la sociedad civil.Este nuevo desafío tiene que asumir las consecuencias de entender la transnacionalidad y la glocalización como condiciones inherentes de los derechos de tercera generación y esto exige replantear los problemas en la sociedad civil desde una ética que asume la realidad del otro y está elaborada a partir de la singularidad de las situaciones y la universalidad de los valores.ABSTRACT: The meaning of «social» has been enriched nowadays due to the cross-cultural nature of global actions. We do not now simply refer to social rights under the State supervision with means that do not belong to any concrete individual. We talk about rights that require the positive co-operation of States and civil society, co-operation which surpass countries' boundaries. Indeed, this modifies the state belonging sense and the civil society's commitments.This new challenge has to be able to manage the consequences of seeing both cross-culturalism and glocalism as inherent conditions of the third generation rights, and all of that requires rethinking the problems within civil society from an ethic scheme that understands «the other» and that is also based on the singularity of each situation and the universalisation of (human values.SOMMAIRE: Le sens de ce qui est social c'est enrichi dans nos jours, étant donné le caractère transnational des actions globales. Nous ne parlons pas simplement de droits sociaux qui requièrent l

Civility and Academic Freedom: Who Defines the Former (and How) May Imperil Rights to the Latter

Science.gov (United States)

McDonald, Theodore W.; Stockton, James D.; Landrum, R. Eric

2018-01-01

An alarming occurrence in academia involves the discipline of faculty, under the guise of violating civility or collegiality codes, for engaging in what should be protected academic free speech. This often occurs when unprincipled and/or corporate-minded administrators seek to punish or dissuade faculty from challenging or questioning their…

Violence Prevention, Access to Justice, and Economic ...

International Development Research Centre (IDRC) Digital Library (Canada)

Solutions to empower women, reduce violence Researchers will identify and analyze interventions in Colombia, Guatemala, Mexico, and Peru. They will assess the impact of efforts on: -preventing violence against women -reducing victimization -improving women's access to justice The results will guide governments, civil ...

To Fight Against the Defensive Jurisprudence with the New Civil Procedure Code: Yes, We Can! Or Can We?

Directory of Open Access Journals (Sweden)

Rafael Ambrósio Gava

2016-10-01

Full Text Available In order to reduce their workloads, Brazilian Courts have been landing many precedents that lead to unwarranted restrictions to the right to appeal, thereby belittling the fundamental constitutional right to access to justice. Despite the existence of studies on this "defensive jurisprudence", there are still few who analyze it in the light of the new Civil Procedure Code (Law 13.105/2015, which is about to enter into force. This article aims to evaluate the suitability of the new CPC to remedy this adjudicative problem or at least minimize it. We demonstrated, based on literature and through a deductive argumentative reasoning, that the new procedural law contains a number of specific and general legal clauses which may be used as instruments able to curb the adjudicate "defensiveness. Nonetheless, the achievement of this goal will depend largely on how this legal clauses are to be interpreted and applied.

Access to abortion services: the impact of the European convention on human rights in Ireland.

Science.gov (United States)

Daly, Brenda

2011-06-01

Abortion is unlawful in Ireland except where it is necessary to save the life of the mother. The right to life of the unborn child is safeguarded under Article 40.3.3 degrees of Bunreacht na hEireann (the Irish Constitution). In 2003 the European Convention on Human Rights was incorporated into Irish domestic legislation, subject to the provisions of the Irish Constitution. The aim of this paper is to consider the potential impact of the ECHR on access to abortion services within the State. This paper commences with discussion of the statutory prohibition on abortion and the Constitutional provisions concerning the protection afforded to the unborn child. It will then be necessary to examine the implications for Ireland of recent European Court of Human Rights' decisions, in particular the recent judgment in A, B & C v Ireland, regarding the right to legal abortions given the unique nature of the legal status of the ECHR and its relationship with the Irish Constitution.

Rebels without a Cause? Civil disobedience, Conscientious Objection and the Art of Argumentation in the Case Law of the European Court of Human Rights

Directory of Open Access Journals (Sweden)

Kati Nieminen

2015-12-01

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

Costing Human Rights and Community Support Interventions as a Part of Universal Access to HIV Treatment and Care in a Southern African Setting

Science.gov (United States)

Jones, Louisa; Akugizibwe, Paula; Clayton, Michaela; Amon, Joseph J; Sabin, Miriam Lewis; Bennett, Rod; Stegling, Christine; Baggaley, Rachel; Kahn, James G; Holmes, Charles B; Garg, Navneet; Obermeyer, Carla Makhlouf; Mack, Christina DeFilippo; Williams, Phoebe; Smyth, Caoimhe; Vitoria, Marco; Crowley, Siobhan; Williams, Brian; McClure, Craig; Granich, Reuben; Hirnschall, Gottfried

2011-01-01

Expanding access to antiretroviral therapy (ART) has both individual health benefits and potential to decrease HIV incidence. Ensuring access to HIV services is a significant human rights issue and successful programmes require adequate human rights protections and community support. However, the cost of specific human rights and community support interventions for equitable, sustainable and non-discriminatory access to ART are not well described. Human rights and community support interventions were identified using the literature and through consultations with experts. Specific costs were then determined for these health sector interventions. Population and epidemic data were provided through the Statistics South Africa 2009 national mid-year estimates. Costs of scale up of HIV prevention and treatment were taken from recently published estimates. Interventions addressed access to services, minimising stigma and discrimination against people living with HIV, confidentiality, informed consent and counselling quality. Integrated HIV programme interventions included training for counsellors, ‘Know Your Rights’ information desks, outreach campaigns for most at risk populations, and adherence support. Complementary measures included post-service interviews, human rights abuse monitoring, transportation costs, legal assistance, and funding for human rights and community support organisations. Other essential non-health sector interventions were identified but not included in the costing framework. The annual costs for the human rights and community support interventions are United States (US) $63.8 million (US $1.22 per capita), representing 1.5% of total health sector HIV programme costs. Respect for human rights and community engagement can be understood both as an obligation of expanded ART programmes and as a critically important factor in their success. Basic rights-based and community support interventions constitute only a small percentage of overall

'It's Made a Huge Difference': Recognition, Rights and the Personal Significance of Civil Partnership

OpenAIRE

Beccy Shipman; Carol Smart

2007-01-01

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 with some groups profoundly against this legal reform and others supporting it, but for a mixture of reasons. We then turn to our empirical data based on interviews with same-sex couples to explore the extent to which these arguments and issues are part of the everyday decision making process...

Constitutional foundations of the property rights of citizens and organizations for real estate

Directory of Open Access Journals (Sweden)

Zarina Kamilevna Kondratenko

2015-09-01

Full Text Available Objective to develop a comprehensive scientific conception of the constitutional foundations of the property rights of citizens and organizations for real estate. Methods general and specific scientific methods including formal logical methods hypothesis analysis synthesis deduction induction. The special methods included historical legaltechnical interdisciplinary comparativelegal systemic and other methods of scientific cognition. Results first the Constitution of the Russian Federation does not contain detailed regulation of property relations as they are regulated by the branches of Civil law. Therefore as certain property disputes affect substantial property interests of physical and juridical persons which are not under the protection of property rights in the traditional sense there is a need for a broad interpretation of the relevant provisions of the Russian Constitution. However the mixing of proprietary and contractual rights in this case does not occur. Second the Russian Civil Code reproducing and specifying the constitutional provisions as principles of private law form a direct normative basis of the whole civil law. However the constitutional law attributes a broader meaning to the notions of property and property right than the traditional civil law. Third the possible limitations of the Federal law of the rights of ownership use and disposition of property as well as freedom of entrepreneurship and freedom of contract must meet the requirements of justice to be adequate proportionate be of general and abstract character be not retroactive and not affect the essence of constitutional rights i.e. not limit the scope and application of the substantive content of the relevant constitutional norms.The possibility of such limitations and their nature must be determinedby the need to protect the significant values ndash the foundations of the constitutional system morality health rights and lawful interests of other persons provision

Wireless ad hoc networks access for aeronautical communications

OpenAIRE

Besse , Frédéric; Garcia , Fabien; Pirovano , Alain; Radzik , José

2010-01-01

International audience; There is an increasing interest in the current aeronautical context to offer new services for civil aircraft passengers. For example, airlines want to offer their customers the opportunity to access the Internet, to manage their mails, to watch video on demand, to access corporate VPNs.... All these services represent a new type of air-ground communications called APC (Aeronautical Passenger Communications) in the ATN (Aeronautical Telecommunication Network) context. I...

Citizenship in civil society?

NARCIS (Netherlands)

Ossewaarde, Marinus R.R.

2007-01-01

This article seeks to provide a conceptual framework to complement and guide the empirical analysis of civil society. The core argument is that civil society must be understood, not as a category of (post)industrialized society, but as one of individualized society. Civil society is characterized by

Reality Checks: The state of civil society organizations in Ethiopia ...

African Journals Online (AJOL)

Reality Checks: The state of civil society organizations in Ethiopia. ... limit the space for CSOs working on human rights and governance and it is legitimate and ... This paper contains contextualized arguments based on empirical data as reality ...

Legal Capacity and Access to Justice: The Right to Participation in the CRPD

Directory of Open Access Journals (Sweden)

Penelope Weller

2016-03-01

Full Text Available This article provides an applied analysis of Article 12 (Equal recognition before the law of the Convention on the Rights of Persons with Disabilities (CRPD and Article 13 (Access to justice in the context of Article 6 (Women with disabilities. Recent literature on the CRPD has extended the analysis of Article 12 to consider its broader relevance for the interpretation of Article 13. The interaction between Article 12 and Article 13 is an emerging issue in CRPD debates. This article argues that the CRPD must be interpreted in light of current human rights theory. It provides a case study of the interaction between Article 12 and Article 13 based on the facts recited in the Court of Appeal case in the United Kingdom (RP v Nottingham City Council (2008 and RP’s petition to the European Court of Human Rights (RP and Others v United Kingdom (2012. The analysis shows that CRPD principles could and should have been applied in RP’s case. It concludes that current practices excluding people with disabilities from participation in legal proceedings are contrary to the CRPD.

Rethinking Some Cultural Practices that Affect the Rights of Women ...

African Journals Online (AJOL)

Human Rights have been identified as encompassing and embracing the rights of all humans which are entitled to. These rights, amongst others, include civil and political rights such as the right to life and liberty, dignity, equality before the law and freedom of expression. Others are those of the right to work, the right to ...

The Legal Rights of Pregnant Students and Pregnant Employees.

Science.gov (United States)

Evers, Irving C.

This speech presents an analysis of court cases dealing with the rights of pregnant students and pregnant employees. The discussion of these rights, such as the right to maternity leave, focuses around the Civil Rights Act of 1964 and its implications for equal employment opportunity. The court cases discussed consider the application of the equal…

6 CFR 13.17 - Rights of parties.

Science.gov (United States)

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Rights of parties. 13.17 Section 13.17 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.17 Rights of parties. Except as otherwise limited by this part, all parties may: (a) Be accompanied...

Civil Law Glossary.

Science.gov (United States)

Update on Law-Related Education, 1997

1997-01-01

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)

World tendences of civil aviation development and the enlargement of the Lithuanian civil aviation

Directory of Open Access Journals (Sweden)

J. Butkevičius

2006-06-01

Full Text Available The article deals with global trends in civil aviation, such as: liberalisation of aviation market, globalisation of airlines, privatisation of airlines and invasion of low cost airlines into the market. Also the influence of these trends on the Lithuanian civil aviation activities has been defined. The Lithuanian civil aviation activities have been analysed: activities of international airports, passenger and cargo carriers, passenger routes and passenger flows, transportation market and airplane fleet. The problems of the Lithuanian civil aviation activities have been identified and suggestions for the development of the Lithuanian civil aviation activities have been proposed.

Civil Society Advocacy for Construction of Education Legislation in Brazil: Education Diplomacy in a National Network

Science.gov (United States)

Cara, Daniel; Pellanda, Andressa

2018-01-01

Advocacy efforts often contribute to broader Education Diplomacy goals. The Brazilian Campaign for the Right to Education coordinated an effort among diverse civil society stakeholders to ensure their voice was included in developing Brazil's National Education Plan (NEP). As a result of their advocacy strategy, civil society participated in…

The Functions of Selected Human Rights Institutions and Related Role-Players in the Protection of Human Rights in Zimbabwe

Directory of Open Access Journals (Sweden)

Howard Chitimira

2016-12-01

Full Text Available Various violations of the human rights of ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s. It is widely acknowledged that such violations have been perpetrated mostly by the government through its different organs for political and other related reasons. Human rights violations were also easily committed against ordinary people and human rights defenders because there was no Constitution that adequately protected such people's fundamental human rights (including their civil and political rights and their socio-economic rights in Zimbabwe. Given this background, the article discusses the protection of human rights in Zimbabwe, in the light of the Zimbabwe Constitution Amendment Act 20 of 2013 (Zimbabwe Constitution 2013. This is done in order to investigate whether the promotion, protection, enforcement and respect for human rights in Zimbabwe has now improved. To this end, the functions of selected national human rights institutions and other related role-players, namely civil society, the judiciary, the law enforcement organs and the Zimbabwe Human Rights Commission, are briefly discussed first. Secondly, the functions of selected regional and international institutions, namely the Southern African Development Community, the African Union and the United Nations are discussed in relation to the protection of human rights in Zimbabwe. Thereafter, concluding remarks and possible recommendations that could be utilised to combat human rights violations and enhance the protection of human rights in Zimbabwe are provided.

Human rights "naming & shaming" and civil war violence

NARCIS (Netherlands)

Ruggeri, A.; Burgoon, B.

2012-01-01

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

The fallacy of "equal treatment" in Brazil's bill of rights for internet users A falácia da "igualdade de tratamento" na carta brasileira de direitos dos usuários da internet

Directory of Open Access Journals (Sweden)

J. Gregory Sidak

2012-12-01

Full Text Available The "Brazilian bill of rights for internet users," or "marco civil," has been under consideration at the brazilian congress since 2011. Marco civil's provisions for network neutrality have been particularly controversial. Proponents of network neutrality in Brazil advocate for the "equal treatment" of all data packets, including banning internet service providers from offering to content providers the option to purchase enhanced quality of service in the delivery of data packets. These network neutrality rules conflict with the other goals and principles of marco civil-particularly goals to promote internet access, to foster innovation, and to protect the constitutional right of freedom of speech and the free flow of information.A "carta Brasileira de direitos dos usuários da internet," ou "marco civil," tramita no congresso Brasileiro desde 2011. As disposições do marco civil relativas à neutralidade de rede são particularmente controversas. Os defensores da neutralidade de rede no Brasil advogam pela "igualdade de tratamento" de todos os pacotes de dados, inclusive proibindo que provedores de serviço de acesso à internet ofereçam aos provedores de conteúdo a opção de adquirir uma melhor qualidade de serviço na entrega de pacotes de dados. Essas disposições relativas à neutralidade de rede conflitam com outros objetivos e princípios do marco civil - especialmente os objetivos de promover o acesso à internet, promover a inovação, e garantir o direito constitucional de liberdade de expressão e informação.

49 CFR Appendix B to Part 241 - Schedule of Civil Penalties 1

Science.gov (United States)

2010-10-01

... for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000... the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined designation cited in the civil penalty demand letter. [67 FR 75960, Dec. 10, 2002...

Why atomic energy affects Civil Law

International Nuclear Information System (INIS)

Knieper, R.

1980-01-01

Based on the decision of July 20, 1979 by the Amtsgericht Stuttgart, which dismissed the complaint filed by the Technische Werke der Stadt Stuttgart (public utility) against electricity boycotters as being unfounded for the time being, the author states that a political function is due to Civil Law. The concrete question is whether political considerations have surpassed the limits of laws and interpretations bound by the basic rights. The relationship between a customer depending on power supply and the supply monopolist exceeds contractual relationship by far since it is a social relationship: it is inescapably embraced by the customer's dependence on power supply and by the customer being subject to research work. Atomic energy is being introduced into law of contract by means of dogmatic crutches - breach of additional obligation under a contract. However, in Civil Law, there are a great number of such means enabling solutions to be corrected which seem to be inadequate. (HSCH) [de

Parental Authority in the Regulation of the Civil Code in Quebec

OpenAIRE

Gavrilescu, Alin-Gheorghe

2009-01-01

The article analysis the institution of the parental authority, as it is regulated by the stipulations of the Civil Code in Quebec. After a short introduction, there are presented the parental rights and obligations regarding the minor’s person, the way of exerting and accomplishing them, the parental rights and obligations regarding the minor’s goods, the way of exerting and accomplishing them, the decline from the parental rights, and also the parental rights and obligations in case of adop...

The role of civil society in health care reforms: an arena for hegemonic struggles.

Science.gov (United States)

Filc, Dani

2014-12-01

The present paper argues that current mainstream understandings of civil society as ontologically different from the state and essentially positive (either normative or functionally) are problematic in order to understand the development of health care reforms. The paper proposes to ground an explanation of the role of civil society in health care reforms in a Gramscian understanding of civil society as analytically different from the state, and as an arena for hegemonic struggles. The study of health care reform in Israel serves as a case study for this claim. Copyright © 2014 Elsevier Ltd. All rights reserved.

Civil War and Inoperativity

DEFF Research Database (Denmark)

Flohr, Mikkel

2017-01-01

This article analyses the penultimate publication in Giorgio Agambens Homo Sacer-series Stasis: Civil War as a Political Paradigm. It compares and contrasts the paradigm of civil war with the preceding paradigm of the exception, and identifies a significant displacement in the relationship between...... civil war and the sovereign state, in spite of Agamben’s insistence on their continuity. Agamben’s decoupling of civil war and the sovereign state facilitates novel political possibilities that unfortunately remain underdeveloped in the book. The article proceeds to develop Agamben’s brief intimations...... of inoperativity towards a concept of destituent power drawing on his other writings. It makes the argument for thinking civil war and inoperativity – stasis and stasis – together to derive a concept of destituent power as a form of revolution against the sovereign state, which does not constitute a new sovereign...

Network access charges, vertical integration, and property rights structure - experiences from the German electricity markets

International Nuclear Information System (INIS)

Growitsch, C.; Wein, T.

2005-01-01

After the deregulation of the German electricity markets in 1998, the German government opted for a regulatory regime called negotiated third party access, which would be subject to ex-post control by the federal cartel office. Network access charges for new competitors are based on contractual arrangements between energy producers and industrial consumers. As the electricity networks are incontestable natural monopolies, the local and regional network operators are able to set (monopolistic) charges at their own discretion, restricted only by the possible interference of the federal cartel office (Bundeskartellamt). In this paper we analyze if there is evidence for varying charging behaviour depending on the supplier's economic independence (structure of property rights) or its level of vertical integration. For this purpose, we hypothesise that incorporated and vertically integrated suppliers set different charges than independent utility companies. Multivariate estimations show a relation between network access charges and the network operator's economic independence as well as level of vertical integration: on the low voltage level for an estimated annual consumption of 1700 kW/h, vertically integrated firms set-in accordance with our hypothesis-significantly lower access charges than vertically separated suppliers, whereas incorporated network operators charge significantly higher charges compared to independent suppliers. These results could not have been confirmed for other consumptions or voltage levels. (author)

Disability, access to food, and the UN CRPD : Navigating a rights-based equality discourse in the Netherlands

NARCIS (Netherlands)

Waltz, M.M.; Mol, Tanja; Gittins, Elinor

2017-01-01

Aims In 2016, the Netherlands ratified the UN CRPD, becoming one of the last developed nations to sign on. In this presentation, we will explore how equal access to food provides a lens through which barriers to implementing a rights-based approach to disability equality can be examined in countries

22 CFR 208.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Civil judgment. 208.920 Section 208.920 Foreign...) Definitions § 208.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

34 CFR 85.920 - Civil judgment.

Science.gov (United States)

2010-07-01

... 34 Education 1 2010-07-01 2010-07-01 false Civil judgment. 85.920 Section 85.920 Education Office...) Definitions § 85.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

2 CFR 180.915 - Civil judgment.

Science.gov (United States)

2010-01-01

... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Civil judgment. 180.915 Section 180.915... § 180.915 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

22 CFR 1006.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil judgment. 1006.920 Section 1006.920...) Definitions § 1006.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

22 CFR 1508.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil judgment. 1508.920 Section 1508.920...) Definitions § 1508.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

Negotiating Rights : Building Coalitions for Improving Maternal ...

International Development Research Centre (IDRC) Digital Library (Canada)

Negotiating Rights : Building Coalitions for Improving Maternal Health Services ... the state of maternal health in the country reflects poorly on public health priorities. ... A number of international agencies and civil society organizations are ...

REVISION PERMISSIABILITY IN CIVIL PROCEDURE IN REPUBLIC OF MACEDONIA

Directory of Open Access Journals (Sweden)

Marina Gligorova

2015-04-01

Full Text Available The revision as an extraordinary legal remedy is one more legal instrument for litigant in the effort to achieve protection of the rights or to defend against ungrounded claims of the other party. Litigants may declare revision of the litigation process due to substantive violations of the provisions of Civil Procedure and incorrect application of substantive law. Declaring revision because of a substantive violation of the provisions of Civil Procedure is limited. The purpose of this research paper is to investigate the most common reasons for filing revision of the litigation process in the period from June 2011 to June in 2012. The research includes what kind of reasons are often repeated, and the volume, or the number of reviews submitted to the Supreme Court of the Republic of Macedonia. As general hypothesis is that most of the adopted revisions are due to substantial violations of the provisions of civil procedure. Two-thirds of the stated revisions in front of the Supreme Court of Republic of Macedonia were rejected as unfounded and only one third of the submitted revisions from June 2011 to June 2012 were grounded. Since accepted revisions 59% due to incorrect application of substantive law, and 41% due to substantial violations of the provisions of Civil Procedure.

21 CFR 1404.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Civil judgment. 1404.920 Section 1404.920 Food and...) Definitions § 1404.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

Framing effects: the influence of handedness and access to right hemisphere processing.

Science.gov (United States)

Stein, Jeannette M

2012-01-01

Changing how information is framed, such that the same critical information is cast in a positive or negative light, has a powerful impact on judgements and decision making. Research indicates that the influence of frames may be driven by participants' initial affective response and that the right hemisphere is sensitive to the emotional connotation of stimuli. While previous research tested the effects of hemispheric differences on framing effects by inducing asymmetrical activation, the current study explored how stable brain differences may account for differences in susceptibility to framing effects. Because mixed degree of handedness is associated with increased access to right hemisphere processes, mixed-handed participants were expected to be more susceptible to the effects of framing than strong-handed participants. Participants responded to the Asian disease problem and completed as assessment of handedness. Although mixed- and strong-handed participants were affected differently, the results were not consistent with the hypothesis. Mixed-handed participants conformed to risky choice framing effects when options were framed negatively and showed no effect of the positive frame. Strong-handed participants conformed to positively framed options and showed no effect of the negative frame. Possible explanations are discussed.

Revenue Sharing and its Impact on Civil Rights

Science.gov (United States)

McGraw, Marvin A.

1975-01-01

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…

Post Civil War African American History: Brief Periods of Triumph, and Then Despair.

Science.gov (United States)

Graff, Gilda

2016-01-01

During Reconstruction, which is often called the most progressive period in American history, African Americans made great strides. By 1868 African American men constituted a majority of registered voters in South Carolina and Mississippi, and by 1870 eighty-five percent of Mississippi's black jurors could read and write. However, Reconstruction was followed by approximately one hundred years of Jim Crow laws, lynching, disenfranchisement, sharecropping, unequal educational resources, terrorism, racial caricatures, and convict leasing. The Civil Rights Revolution finally ended that period of despair, but the era of mass incarceration can be understood as a reaction to the Civil Rights Movement. This article attempts to understand the persistence of racism in the United States from slavery's end until the present.

Victims, civil society and transitional justice in Bosnia and Herzegovina

Directory of Open Access Journals (Sweden)

Humphrey Michael

2012-01-01

Full Text Available The role of victim organizations in the transitional justice process is examined in postwar Bosnia and Herzegovina (BiH. These organizations emerged in the context of the top-down accountability agenda driven by the international crisis intervention in the Balkan wars and the International Criminal Tribunal for the former Yugoslavia (ICTY. By contrast, in Latin America victim organizations emerged as a self-conscious movements of individuals galvanized by their traumatic experience of state repression and demanding accountability from the bottom-up. In BiH accountability became a condition for re-establishing state political and legal authority but also international financing for reconstruction and progress towards EU accession. Victim organizations were part of the NGO sector which grew rapidly in response to the neoliberal governance model of selforganizing civil society to transform post-socialist and postwar BiH. Non-governmental organizations (NGOs, run largely by professional middle class displaced from careers in the downsized state bureaucracy, became intermediaries between external donors and war affected populations. Victim organizations participated in the transitional justice process by supporting victims/witnesses in international and national prosecutions, tracing the missing persons and supporting the right of return of displaced populations. In BiH, victims’ organizations did not emerge as social movements advocating for citizenship and social justice, but became incorporated in the neoliberal governance model, sponsored by international agendas for stabilization, democratization and EU accession.

Legalisation of Civil Wars

DEFF Research Database (Denmark)

Buhl, Kenneth Øhlenschlæger

2009-01-01

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....

Tradición, modernidad y sociedad civil en la costa de Yucatán Tradición, modernidad y sociedad civil en la costa de Yucatán

Directory of Open Access Journals (Sweden)

Citlalli Cantú Gutiérrez

2012-02-01

Full Text Available It describes the organizational processes of civil society on the coast of Yucatan. His players built their associations, came into conflict and collapsed their organizational structures. Weanalyze the causes of the recent past and shaping processes of associative structures of civil society. In the cases presented showed that the erosion of the ancestral forms of organization and influence of the individual patterns represent endogenous and exogenous historical causes that increase the entropy of the organizational processes of local civil society. Wediscuss the peaceful non-profit and organizational behavior defined by law, act limiting the right of rebellion and restoring the power. Yes organized civil society bows to government funding processes, becomes bureaucratized and mimics mechanisms, corruption can occurprocesses that collapses.Se describen procesos de organización de la sociedad civil en la costa de Yucatán, donde sus actores construyeron asociaciones civiles, entraron en conflicto y colapsaron sus estructuras organizativas. Se analizan las causas últimas y recientes de los procesos de conformación de estructuras asociativas de la sociedad civil. En los casos presentados se observó que la erosión de las formas ancestrales de organización y la influencia de los patrones individualistas representan causas históricas endógenas y exógenas que incrementan la entropía de los procesos de organización de la sociedad civil local. Se discute el carácter no lucrativo y pacífico del comportamiento organizacional definido en la ley; acto que limita el derecho a la rebelión y la recuperación del poder. Sí la sociedad civil organizada se pliega a los procesos gubernamentales de financiamiento, se burocratiza e imita mecanismos, pueden presentarse procesos de corrupción que la colapsa.

Canadian Civil Justice: Relief in Small and Simple Matters in an Age of Efficiency

NARCIS (Netherlands)

J. Silver (Jonathan); T.C.W. Farrow (Trevor)

2015-01-01

textabstractCanada is in the midst of an access to justice crisis. The rising costs and complexity of legal services in Canada have surpassed the need for these services. This article briefly explores some obstacles to civil justice as well as some of the court-based programmes and initiatives in

Framing access to medicines in developing countries: an analysis of media coverage of Canada's Access to Medicines Regime.

Science.gov (United States)

Esmail, Laura C; Phillips, Kaye; Kuek, Victoria; Cosio, Andrea Perez; Kohler, Jillian Clare

2010-01-04

In September 2003, the Canadian government committed to developing legislation that would facilitate greater access to affordable medicines for developing countries. Over the course of eight months, the legislation, now known as Canada's Access to Medicines Regime (CAMR), went through a controversial policy development process and the newspaper media was one of the major venues in which the policy debates took place. The purpose of this study was to examine how the media framed CAMR to determine how policy goals were conceptualized, which stakeholder interests controlled the public debate and how these variables related to the public policy process. We conducted a qualitative content analysis of newspaper coverage of the CAMR policy and implementation process from 2003-2008. The primary theoretical framework for this study was framing theory. A total of 90 articles from 11 Canadian newspapers were selected for inclusion in our analysis. A team of four researchers coded the articles for themes relating to access to medicines and which stakeholders' voice figured more prominently on each issue. Stakeholders examined included: the research-based industry, the generic industry, civil society, the Canadian government, and developing country representatives. The most frequently mentioned themes across all documents were the issues of drug affordability, intellectual property, trade agreements and obligations, and development. Issues such as human rights, pharmaceutical innovation, and economic competitiveness got little media representation. Civil society dominated the media contents, followed far behind by the Canadian government, the research-based and generic pharmaceutical industries. Developing country representatives were hardly represented in the media. Media framing obscured the discussion of some of the underlying policy goals in this case and failed to highlight issues which are now significant barriers to the use of the legislation. Using the media to engage

6 CFR 13.44 - Right to administrative offset.

Science.gov (United States)

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Right to administrative offset. 13.44 Section 13.44 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.44 Right to administrative offset. The amount of any penalty or assessment that has become...

INADMISSIBLE EVIDENCE IN CIVIL PROCEDURE

Directory of Open Access Journals (Sweden)

Mihajlo Dika

2016-01-01

Full Text Available This paper examines the exclusion of specific means of evidence as instruments for determining the object of evidence, as well as the taking of evidence in the framework of the Croatian civil procedure law. The introduction lays the grounds for classifying and qualifying exclusion of evidence (general, special; absolute, relative; removable, irremovable; direct, indirect, after which greater attention is paid to the so called absolute and relative type; exclusionary evidence of the direct relative type pertaining to the establishing of facts, and evidence dismissals. With regard to the indirect relative type, the paper examines exclusionary evidence concerning the object of evidence. The remainder of the paper focuses on illegally obtained evidence, while outlining the constitutional, statutory, judicature and doctrinaire premises of bearing for such evidence. Subsequently, the question of evidence obtained in violation of the Constitutional guarantee of respect and legal protection of private and family life, dignity, reputation and honour, as well as evidence obtained by breach of the Constitutional guarantee of freedom and secrecy of correspondence and all other forms of communication, and in violation of the right to safety and privacy of personal data, are discussed too. In addition, the paper analyses the institutions of preclusion of evidence and the so called informative evidence. Concluding, the author points to a lacking regulation of inadmissible evidence within the Croatian civil procedure law, underlining the need to determine de lege ferenda legal requirements with a view to operationalizing inadmissible evidence within the Croatian civil procedure law.

Space civil engineering - A new discipline

Science.gov (United States)

Sadeh, Willy Z.; Criswell, Marvin E.

1991-01-01

Space Civil Engineering is an emerging engineering discipline that focuses on extending and expanding the Civil Engineering know-how and practice to the development and maintenance of infrastructure on celestial bodies. Space Civil Engineering is presently being developed as a new discipline within the Department of Civil Engineering at Colorado State University under a recently established NASA Space Grant College Program. Academic programs geared toward creating Space Civil Engineering Options at both undergraduate and graduate levels are being formulated. Basic ideas and concepts of the curriculum in the Space Civil Engineering Option at both undergraduate and graduate levels are presented. The role of Space Civil Engineering in the Space Program is discussed.

B 150 civil engineering futures

DEFF Research Database (Denmark)

Foreword B150 –Civil Engineering Futures consists of interviews made, articles written, and projects presented in connection with the 150th anniversary celebrations of the study of civil engineering in Denmark. Instead of a historical retrospect, it was decided to look into the future. What...... challenges will the next 150 years bring civil engineers? Researchers and lecturers at DTU’s Department of Civil Engineering (known as DTU Byg) suggested possible events, and we also consulted civil engineers and their business partners in the building industry. In this way, a programme was put together...... theme in twentieth century architecture. Together, civil engineer Peter Rice and architect Ian Ritchie created a paradigm shift with their revolutionary ideas for glass facades supported by cables. Glued and bolted constructions made entirely of glass are now a reality in small-scale projects, yet...

Shrinking the Civil-Military Divide: A Military Perspective

Science.gov (United States)

2015-04-13

behavior and rights, the values of the military are different and unique. Senior military officers highlight the importance of understanding the...Examples include on-base housing, shopping , schools, children’s sports leagues, and community and social events such as concerts, comedy shows, and movies... mall , a sporting event, or the movies provides a simple, 16 Skelton, “The Civil-Military Gap

Health care access and support for disabled women in Canada: falling short of the UN Convention on the Rights of Persons with Disabilities: a qualitative study.

Science.gov (United States)

Gibson, Barbara E; Mykitiuk, Roxanne

2012-01-01

The United Nations Convention on the Rights of Persons with Disabilities and other international human rights conventions guarantee the fundamental human rights to physical, social, and psychological health. The purpose of this study was to examine whether these rights are being upheld in Canada for disabled women. An interpretive, qualitative, focus group design was employed. Participants were women 18 to 67 years of age with a self-identified physical, sensory, cognitive, and/or psychiatric impairment. Eleven focus groups were conducted with 74 disabled women from urban and rural settings in Northern Ontario, Manitoba, and Nova Scotia. The data were analyzed for themes using a flexible coding system derived from and consistent with the research objectives and the study's human rights framework. Participants described multiple intersecting factors that impeded or facilitated access to health care. Services included both generic health services and impairment-specific services. Participants experienced a number of barriers accessing professionals, support programs, and services. These are described under three broad themes: 1) Labyrinthine health service 'systems,' 2) assumptions, attitudes, and discriminatory practices, and 3) inadequate sexual health or reproductive services and supports. The results suggest that Canada falls significantly short of guaranteeing disabled women's human rights to access health care supports and services. Access barriers resulted from the inefficiencies and complexities of the multiple agencies and programs that disabled women had to navigate, difficulties accessing information on available services, and negative attitudes of some health and social service providers. Copyright © 2012 Jacobs Institute of Women's Health. Published by Elsevier Inc. All rights reserved.

Kingdom, church and civil society: A theological paradigm for civil ...

African Journals Online (AJOL)

This article deals with the role that churches can and should play in civil society to develop societal morally. The central-theoretical argument is that the biblical notion of the kingdom of God can, when it is systematically and theologically developed, offer an acceptable foundation for the civil action of churches. In light of this ...

5 CFR 919.920 - Civil judgment.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Civil judgment. 919.920 Section 919.920 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 919.920 Civil judgment. Civil judgment...

For sustainable participation by civil society in Europe in the oversight of nuclear activities

International Nuclear Information System (INIS)

Delalonde, J.C.

2010-01-01

The Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters, was signed in 1998 by the European Community and European countries including the 27 Member States of the European Union (EU). That same year, the Committee of the Regions adopted a resolution on nuclear safety and local and regional democracy. These two texts indicate strong political and legal recognition of access to information and participation in the nuclear field. Ten years later, it would seem to be important to observe how these principles are actually implemented. As of 2009, the ANCCLI and the European Commission opened an 18-month European dialogue on the practical application of the Aarhus Convention in the nuclear field. The principle of this approach, called ACN for Aarhus Convention and Nuclear, is to promote feedback about practical application of the Aarhus Convention in the nuclear field in the various European countries, and to share this feedback in order to identify both difficulties and good practices and to initiate progress jointly with the various stakeholders concerned (authorities, civil society, operators, experts, local authorities, etc.). It is also an opportunity to look at the conditions for sustainable participation by civil society in monitoring nuclear issues. (author)

33 CFR 1.07-70 - Right to appeal.

Science.gov (United States)

2010-07-01

... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Right to appeal. 1.07-70 Section 1.07-70 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY GENERAL GENERAL PROVISIONS Enforcement; Civil and Criminal Penalty Proceedings § 1.07-70 Right to appeal. (a) Any appeal from...

The Consequences of Official Labels: An Examination of the Rights Lost by the Mentally Ill and Mentally Incompetent Since 1989.

Science.gov (United States)

Walker, Andrea M; Klein, Michael S; Hemmens, Craig; Stohr, Mary K; Burton, Velmer S

2016-04-01

This study presents a survey of state statutes which restrict the civil rights of persons with a mental illness or who have been declared mentally incompetent. Five civil rights (voting, holding public office, jury service, parenting, and marriage) are examined. The results of this study are compared with the results of studies conducted in 1989 and 1999 to determine what changes have occurred over time in the restriction of civil rights of those suffering from mental health problems. This comparison reveals that states continue to restrict the rights of the mentally ill and incompetent, and that there is a trend towards increased restriction of political rights, including the right to vote and hold public office.

B 150 civil engineering futures

DEFF Research Database (Denmark)

specific climatic challenge or clean the air. With nanotechnology, the artificial and the natural move closer together; this is the perspective for civil engineer Chris McCarthy’s work all over the world. And what is new is not just the way the construction materials are put together; they also require......Foreword B150 –Civil Engineering Futures consists of interviews made, articles written, and projects presented in connection with the 150th anniversary celebrations of the study of civil engineering in Denmark. Instead of a historical retrospect, it was decided to look into the future. What...... challenges will the next 150 years bring civil engineers? Researchers and lecturers at DTU’s Department of Civil Engineering (known as DTU Byg) suggested possible events, and we also consulted civil engineers and their business partners in the building industry. In this way, a programme was put together...

Access to drinking water and health of populations in Sub-Saharan Africa.

Science.gov (United States)

Ntouda, Julien; Sikodf, Fondo; Ibrahim, Mohamadou; Abba, Ibrahim

2013-01-01

Water is at the center of the plant and animal life, the foundation upon which the health of human settlement and development of civilizations rely on. In tropical regions, 80% of diseases are transmitted either by germs in the water, or by vectors staying in it. In Sub-Saharan Africa, statistics show particularly high levels of unmet needs of populations in access to drinking water in a context of socioeconomic development. For this purpose, this study aims to determine the influence of access to drinking water on the health of populations in Sub-Saharan Africa. Using data from Demographic and Health Surveys (DHS) from Cameroon, Senegal and Chad, it is clear from the descriptive analysis that 60% (Cameroon), and 59% (Chad) of the cases of childhood diarrhea in these two countries are due to the consumption of dirty water. In terms of explanatory analysis, we note that when a household in Cameroon, Senegal or Chad does not have access to drinking water, children under 5 years old residing there are respectively 1.29, 1.27 and 1.03 times more likely to have diarrhea than those residing in households with easy access to drinking water. In view of these results, it is recommended to increase access to drinking water in particular by reducing disparities between the rich and poor people. Copyright © 2013 Académie des sciences. All rights reserved.

Civil War

OpenAIRE

Christopher Blattman; Edward Miguel

2010-01-01

Most nations have experienced an internal armed conflict since 1960. The past decade has witnessed an explosion of research into the causes and consequences of civil wars, belatedly bringing the topic into the economics mainstream. This article critically reviews this interdisciplinary literature and charts productive paths forward. Formal theory has focused on a central puzzle: why do civil wars occur at all when, given the high costs of war, groups have every incentive to reach an agreement...

Human Rights and Social Justice: the Convention on the Rights of Persons with Disabilities and the quiet revolution in international law

OpenAIRE

Weller, Penny

2009-01-01

On the 60th anniversary of the Universal Declaration of the Human Rights (UDHR) the Commonwealth Attorney General announced a national public consultation concerning the need for better human rights protection in Australia and the viability of a federal human rights charter. Whether or not the anticipated Charter includes social, economic and cultural rights is directly relevant to questions of social justice in Australia. This paper argues that the legislative acknowledgment of civil and p...

Desobediencia civil: la autoridad de la reflexión vs la autoridad civil

Directory of Open Access Journals (Sweden)

Maria José Urteaga Rodríguez

2016-06-01

Full Text Available ¿Puede la desobediencia civil justificarse moralmente? Este trabajo intenta dar una respuesta afirmativa a esta pregunta. Para dar cuenta de por qué la desobediencia civil es moralmente justificable, primero se describen algunos rasgos esenciales de la desobediencia civil. Después se explica la manera en la que tensión entre el poder civil y el poder del individuo –tensión que se asume como la fuente de la desobediencia civil–, bajo la consideración de algunos pasajes de la Fundamentación metafísica de las costumbres, resulta sólo aparente. Una vez disuelta la tensión se defiende que las fuentes normativas individuales y sociales no sólo no se contraponen, sino que su complementariedad es necesaria para justificar la desobediencia civil. Aunque suene paradójico: sólo se puede abrir espacio a la desobediencia a partir de resaltar la importancia de la obediencia y de la ley.

Civil engineering work

International Nuclear Information System (INIS)

Cousyn, Rene; Goubin, Jean.

1977-01-01

Although it does not require a specifically new technicality, the Civil Engineering site of a nuclear power plant is a complex work. Considering as an example the power plant currently in construction at Tricastin, the authors describe the main Civil Engineering work and task organization applied to carry it out [fr

7 CFR 3017.920 - Civil judgment.

Science.gov (United States)

2010-01-01

... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil judgment. 3017.920 Section 3017.920 Agriculture... AGRICULTURE GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 3017.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether...

29 CFR 1471.920 - Civil judgment.

Science.gov (United States)

2010-07-01

... 29 Labor 4 2010-07-01 2010-07-01 false Civil judgment. 1471.920 Section 1471.920 Labor Regulations... SUSPENSION (NONPROCUREMENT) Definitions § 1471.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement...

77 FR 55175 - Civil Penalties

Science.gov (United States)

2012-09-07

... [Docket No. NHTSA-2012-0131; Notice 1] RIN 2127-AL16 Civil Penalties AGENCY: National Highway Traffic... proposes to increase the maximum civil penalty amounts for violations of motor vehicle safety requirements... and consumer information provisions. Specifically, this proposes increases in maximum civil penalty...

75 FR 5244 - Civil Penalties

Science.gov (United States)

2010-02-02

... [Docket No. NHTSA-2009-0066; Notice 2] RIN 2127-AK40 Civil Penalties AGENCY: National Highway Traffic... civil penalty amounts for violations of motor vehicle safety requirements involving school buses, bumper... theft protection requirements. This action is taken pursuant to the Federal Civil Monetary Penalty...

Barriers and opportunities to access international resources for ...

International Development Research Centre (IDRC) Digital Library (Canada)

But tobacco control does not appear to be a health and development priority for the national government and development stakeholders in Bolivia. The Ministry of Health and civil organizations have experience difficulties in accessing international resources for tobacco control. At the same time, there is neither clear ...

29 CFR 452.7 - Bill of Rights, title I.

Science.gov (United States)

2010-07-01

... STANDARDS GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF THE LABOR-MANAGEMENT REPORTING AND... against Improper Disciplinary Action”) are related to the rights pertaining to elections. Direct enforcement of title I rights, as such, is limited to civil suit in a district court of the United States by...

Legal Regulation of Civil Servants in Russia and Germany Receiving Gifts

Directory of Open Access Journals (Sweden)

Svetlana Zimneva

2015-01-01

Full Text Available The article deals with the conflict between the provisions of the Criminal Code of the Russian Federation, where the minimum amount of the bribe is not defined, and the provision of the Federal Law ‘On State Civil Service of the Russian Federation,’ which, on the one hand, contains an absolute ban on civil servants receiving gifts and other types of remuneration, while, on the other hand, Art. 575 of the Civil Code of the Russian Federation admits a possibility for civil servants to receive gifts of an amount not exceeding 3,000 rubles in the performance of their official duties. This legal conflict necessitates conceptual clarification of such notions as ‘gift’ and ‘bribe.’The authors underline that a determining factor for establishing the legitimacy of the customary gifts given to government officials is whether the gifts were accepted by the officials, while executing their duties, without a prior agreement for an action or inaction. It is noted that the limitation of a gift’s maximum value to 3,000 rubles, as stated in the Civil Code of the Russian Federation, creates an opportunity to abuse or evade the law.The article presents a comparative study of European laws, more specifically dealing with the institute of donation, and Russian legislation regarding the possibility of civil servants receiving gifts. German law does not single out ‘customary gifts;’ it simply does not admit the possibility of giving gifts or the right to receive gifts by German civil servants.The authors have developed proposals to improve the legal regulation concerning the giving of gifts to government officials in Russia.

31 CFR 19.920 - Civil judgment.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Civil judgment. 19.920 Section 19.920... SUSPENSION (NONPROCUREMENT) Definitions § 19.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement...

77 FR 70710 - Civil Penalties

Science.gov (United States)

2012-11-27

... [Docket No. NHTSA-2012-0131; Notice 2] RIN 2127-AL16 Civil Penalties AGENCY: National Highway Traffic... civil penalty amounts for violations of motor vehicle safety requirements for the National Traffic and... provisions. Specifically, this increases the maximum civil penalty amounts for single violations of motor...

Promoting Environmental Justice through Civil-Based Instruments in South Africa

Directory of Open Access Journals (Sweden)

Michelle Toxopeüs and Louis J. Kotzé

2017-06-01

Full Text Available Achieving environmental justice in South Africa is critically important, not only because of historical reasons rooted in the country’s apartheid past, but also to ensure that everyone in the country, especially marginalized and vulnerable sectors of society, are properly protected from disproportional environmental impacts. Another aim of environmental justice in South Africa is to ensure that everyone equally shares in the benefits of the country’s resources. In this article, we interrogate ways through which to achieve environmental justice in South Africa through the use of civil-based instruments (CBIs of environmental governance. The central hypothesis is that CBIs are particularly well-suited to contribute to the achievement of environmental justice since they are essentially instruments which empower civil society to become central stakeholders in environmental governance by fostering active participation in the decisions that may impact on the environment and people’s health and well-being. Through these instruments all of society, particularly disenfranchised people suffering most from environmental injustice, are afforded a platform to pursue their environment-related interests that may be affected by the decisions taken by government and private actors such as polluting companies. For the purpose of the discussion we focus specifically on public participation, access to information and access to justice, all of which are generally accepted as CBIs, including in international law.

Nurses speak out for home care: winning the last great civil rights battle.

Science.gov (United States)

Halamandaris, Val J

2009-06-01

In closing, it is clear that home care nurses are a very special breed. They are missionaries, committed to the goal of helping vulnerable Americans manage their health care needs and to preserving the freedoms and the independence that everyone cherishes. As is clear from the vignettes above, their first and last thoughts each day are for the well-being of their patients. They are so busy providing sophisticated care for a raft of complex medical problems common to their patients and filling out Medicare forms that they sometimes forget to take care of themselves. There is no doubt that they make a difference in the lives of patients and their families. Historically, nurses have been reluctant to take time away from caring for patients to take part in politics. As is evident from the summaries above and the stories of nurses from all 50 states that follow, nurses have had a change of heart. They have reached the conclusion that they must advocate for the aged, infirm, disabled and dying patients because patients cannot speak out for themselves. More and more nurses are becoming involved. One out of every 44 voters today is a nurse. Nurses show up at the polls; home care nurses have made it their responsibility to help make sure that homebound person vote by absentee ballot. They are also committed to march, to speak out for home care and hospice in what more and more are coming to call The Last Great Civil Rights Battle. They are also pushing for the inclusion of home and community based long-term care as part of national health care reform. They believe that home care is the answer to keeping the 12 percent of Americans who suffer from multiple chronic diseases and generate 75 percent of U.S. health care costs out of the hospital. The historian Arnold Toynbee put all these issues in perspective when he wrote that it is possible to measure the longevity and the accomplishment of any society by a common yardstick. I heard President John F. Kennedy quote Toynbee in

29 CFR 98.920 - Civil judgment.

Science.gov (United States)

2010-07-01

... 29 Labor 1 2010-07-01 2010-07-01 true Civil judgment. 98.920 Section 98.920 Labor Office of the Secretary of Labor GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 98.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction...

30 CFR 947.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 947.845 Section 947.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE WASHINGTON § 947.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 941.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 941.845 Section 941.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE SOUTH DAKOTA § 941.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 912.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 912.845 Section 912.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE IDAHO § 912.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 921.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 921.845 Section 921.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE MASSACHUSETTS § 921.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 939.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 939.845 Section 939.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE RHODE ISLAND § 939.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 937.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 937.845 Section 937.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE OREGON § 937.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 942.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 942.845 Section 942.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE TENNESSEE § 942.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply to the assessment of civil penalties for...

30 CFR 903.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 903.845 Section 903.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE ARIZONA § 903.845 Civil penalties. Part 845 of this chapter, Civil Penalties, applies to the assessment of civil penalties for violations...

30 CFR 910.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 910.845 Section 910.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE GEORGIA § 910.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 922.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 922.845 Section 922.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE MICHIGAN § 922.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

30 CFR 933.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 933.845 Section 933.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE NORTH CAROLINA § 933.845 Civil penalties. Part 845 of this chaper, Civil Penalties, shall apply when civil penalties are assessed for...

30 CFR 905.845 - Civil penalties.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 905.845 Section 905.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE CALIFORNIA § 905.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply to the assessment of civil penalties for...

75 FR 79978 - Civil Penalties

Science.gov (United States)

2010-12-21

... [Docket No. NHTSA-2010-0114; Notice 2] RIN 2127-AK78 Civil Penalties AGENCY: National Highway Traffic... civil penalty amounts for related series of violations of the National Traffic and Motor Vehicle Safety... Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by the Debt Collection...

75 FR 49879 - Civil Penalties

Science.gov (United States)

2010-08-16

... [Docket No. NHTSA-2010-0114; Notice 1] RIN 2127-AK78 Civil Penalties AGENCY: National Highway Traffic... proposes to increase the maximum civil penalty amounts for violations covering a related series of... action would be taken pursuant to the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, as...

Superficiary Right of Building: Origin and Development in Central Europe

Directory of Open Access Journals (Sweden)

Petr Pavel

2016-06-01

Full Text Available The Czech Republic has been dealing for the last four years with a legal revolution in the field of private law. A new Civil Code was adopted in 2012 and many new and forgotten legal figures were restored in the text of the code. An interesting example of forgotten legal figures is the superficiary right of building, which has again entered the legal order of the Czech Republic after a long one hundred years. Unlike the Act on the Superficiary Right of Building of 1912, the new Civil Code extends the scope of persons that may create the superficiary right of building to their land. This should eliminate the obstacle that has substantially limited its wider use. The superficiary right of building is not likely to become a legal concept very frequently seen in public registers. The aim of this paper is, therefore, a reflection on divided ownership and the purpose and genesis of the superficiary right of building in relation to its origins, as well as a prediction of future developments of this legal concept in the real estate market. To analyse the concept, the paper employs formal and legal methods (logical, grammatical and historical method. A comparative study is conducted in the spirit of the comparative method. The superficiary right of building is a suitable complement to the range of options of property rights offered by the new Civil Code. The author concludes that the use of the superficiary right of building, although not limited in comparison with the 1912 Act, will likely be less frequent and focused on longer-term projects.

Material civilization: things and society.