Diamond, Robert A., Ed.; Alligood, Arlene, Ed.
Contents of this comprehensive review of civil rights developments from 1968 to 1970 include: Introduction--civil rights 1970: progress continues, priority wanes; Legislative Background--20 years of civil rights; Commission Report--civil rights enforcement; a promise unfulfilled; Supreme Court Decision--key decision on busing, racial balance…
This article traces the development of the "Deaf President Now" (DPN) movement and its similarities to the black civil rights movement. Movements typically begin with a concrete, precipitating event but are usually the result of known or shared incidents on the part of the participants, and the "Deaf President Now" movement…
Loewen, James W.
William Faulkner famously wrote, "The past is never dead. It's not even past." He would not be surprised to learn that Americans, 150 years after the Civil War began, are still getting it wrong. Did America's most divisive war start over slavery or states' rights? The author says that too many people--including educators--get it wrong. The author…
Office for Civil Rights, US Department of Education, 2012
Since 1968, the Civil Rights Data Collection (CRDC) has collected data on key education and civil rights issues in our nation's public schools for use by the Department of Education's Office for Civil Rights (OCR), other Department offices, other federal agencies, and by policymakers and researchers outside of the Department. The CRDC has…
... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil rights. 3560.2 Section 3560.2 Agriculture... DIRECT MULTI-FAMILY HOUSING LOANS AND GRANTS General Provisions and Definitions § 3560.2 Civil rights. (a... prohibition under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d and Title VI regulations...
... Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and the NASA implementing regulations (14 CFR parts 1250... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Civil rights. 1274.924 Section 1274.924... FIRMS Other Provisions and Special Conditions § 1274.924 Civil rights. Civil Rights July 2002 Work...
... Civil Rights Act of 1964” (43 CFR part 17) and shall give assurances of compliance in such forms as may... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil rights. 881.12 Section 881.12 Mineral... LAND RECLAMATION SUBSIDENCE AND STRIP MINE REHABILITATION, APPALACHIA § 881.12 Civil rights. State...
... 7 Agriculture 7 2010-01-01 2010-01-01 false Civil rights. 761.3 Section 761.3 Agriculture... SPECIAL PROGRAMS GENERAL PROGRAM ADMINISTRATION General Provisions § 761.3 Civil rights. Part 15d of this title contains applicable regulations pertaining to civil rights and filing of discrimination...
... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Civil rights. 401.22 Section 401.22..., DEVELOPMENT AND ENHANCEMENT § 401.22 Civil rights. Each application for Federal assistance, grant-in-aid award... Assisted Programs of the Civil Rights Act of 1964 and with the Secretary's regulations...
Full Text Available According to the Covenant on Civil and Political Rights adopted by the United Nations, in 1966, the human being who enjoy his civil and political rights, enjoy in fact that “humanitas dignitas” (human dignity, since these rights derive from this. That is why this Covenant stipulated that the States parties are obligated to assure both the recognitions of these rights and their exercise and juridical protection.
In recent years the American South has become the platform for an authenticity seeking tourism industry. Former sites of civil rights action have been revived and transformed into tourist attractions. The following paper introduces the notion of so-called civil rights tourism and presents a critical analysis of current sites of civil rights commemoration throughout the American South.
Reynolds, Gerald A.
Columnist George Will and others have questioned the continuing need for a federal civil rights commission, because civil rights protections have been on the books since 1964. The chairman of the Commission, Gerald Reynolds, here responds that practitioners of critical legal theory, advocates of the Akaka-Secession bill, some proponents of…
... issued by the Secretary of Health and Human Services with the approval of the President (45 CFR part 80). ... 42 Public Health 1 2010-10-01 2010-10-01 false Civil rights. 59.209 Section 59.209 Public Health... Grants for Family Planning Service Training § 59.209 Civil rights. Attention is called to...
... CFR part 1901, subpart E. ... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil rights. 3550.3 Section 3550.3 Agriculture... DIRECT SINGLE FAMILY HOUSING LOANS AND GRANTS General § 3550.3 Civil rights. RHS will administer...
... CFR part 42, subparts C, D, E, and G. ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Civil rights. 65.52 Section 65.52... Additional Requirements § 65.52 Civil rights. The Act provides that “no person in any state shall on...
... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1735.15 Section 1735.15 Agriculture Regulations of the Department of Agriculture (Continued) RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE... Policies § 1735.15 Civil rights. Borrowers are required to comply with certain regulations...
... benefits and on equal employment opportunity including 7 CFR parts 15 and 15b; and 45 CFR part 90, as... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1709.18 Section 1709.18 Agriculture... ASSISTANCE TO HIGH ENERGY COST COMMUNITIES General Requirements § 1709.18 Civil rights. This program will...
... thereunder, 43 CFR part 17. ... 50 Wildlife and Fisheries 6 2010-10-01 2010-10-01 false Civil rights. 82.20 Section 82.20 Wildlife... (MARINE MAMMAL PROTECTION ACT OF 1972) Administration § 82.20 Civil rights. Each cooperative...
... CFR part 17) and shall give assurances of compliance in such form as may be required by the Director. ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil rights. 880.16 Section 880.16 Mineral... LAND RECLAMATION MINE FIRE CONTROL § 880.16 Civil rights. State and local authorities shall comply...
... the Department of Justice Non-Discrimination regulations 28 CFR part 42, subparts C, D, E, and G. ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Civil rights. 33.52 Section 33.52... Block Grants Additional Requirements § 33.52 Civil rights. The Justice Assistance Act provides that...
... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Civil rights. 21.7310... Bill-Active Duty) Administrative § 21.7310 Civil rights. (a) Delegation of authority concerning Federal... her jurisdiction. See part 18 of this chapter. These equal opportunity laws are: (1) Title VI,...
... Department's nondiscrimination regulations (7 CFR parts 15, 15a, and 15b) and the FNS civil rights... 7 Agriculture 4 2010-01-01 2010-01-01 false Civil rights. 250.21 Section 250.21 Agriculture... TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION General Operating Provisions § 250.21...
The question of how the consequences of technological development are to be mastered on the legal level is not primarily a problem of the administrative procedure. The essential point in the discussion on protection of basic rights is not to be seen in the citizen's right to participate in administrative procedures, but rather in the substantive civil rights of individual persons as against the government, together with the system of values established in the Basic Law and derived from the basic rights, as well as in the proper functioning of the principle of separation of powers (legislature, administration, and judicature). The law on procedure and thus the idea of (protection of civil rights by rules of procedure) in this context only have an enhancing effect. Practical protection of civil rights is also ascertained in the Federal Republic of Germany by the particularly well-established guarantee of access to the courts. Another idea to be mentioned in this context is an approach that can be termed as 'protection of civil rights by government-funded research'. Other facts contributing to building a protective shield against infringement of civil rights by technology, activities or installations, include e.g. the federal structure of the state and the administration, type and scope of organisation of the public service, the established system of environmental protection and the safety provided by the current system of expert opinions. (orig./HSCH)
International Monetary Fund
Government spending plays a critical role in protecting and enforcing rights and civil liberties. Empirical evidence for a sample of industrial and developing countries shows that government expenditures on defense, law and order, social security, education, and health care are associated with three rights indicators—property rights, equality of citizens before the law, and economic freedom. In particular, an increase in spending on law and order seems to improve the indicators of rights and ...
Two issues are discussed: (1) reasons for raising global and international human rights issues in constitutional law, civil rights, and administrative law courses in United States law schools; and (2) barriers to globalization of courses and ways to overcome them. (MSE)
Dean, C R
This article describes the author's efforts to secure marriage rights for same-sex couples in the District of Columbia. The importance of such rights are described in terms of their benefits to partners in areas such as inheritance, taxation, and benefit to society. It is argued that refusal to recognize same-sex marriages is not justified by statute and that discrimination on the basis of sex violates the District's Human Rights Act. Certain prior court cases, moreover, affirm the moral logic for extending marriage rights to same-sex couples. PMID:7860979
Kirkwood-Tucker, Toni Fuss
Eleanor Roosevelt's support of African American rights was one of the highlights of her activities as first lady. Her fearless advocacy for justice pulled her into political controversies that were unprecedented for the wife of a president. The first lady's initiatives in support of the rights of African Americans offer students an excellent…
... 32 National Defense 6 2010-07-01 2010-07-01 false Civil rights, powers, and duties. 935.21 Section... INSULAR REGULATIONS WAKE ISLAND CODE Civil Law § 935.21 Civil rights, powers, and duties. In any case in which the civil rights, powers, and duties of any person on Wake Island are not otherwise prescribed...
This article reports on the mission of the Office for Civil Rights in the U.S. Department of Education to ensure equal access to education through compliance reviews. The Office hopes to use these reviews to provide technical assistance to help districts improve their performance. In late March, the Los Angeles Unified School District became the…
Ward, Nicholas D.
An approach is developed to evaluating an employment civil rights claim, on the theory that proper diagnosis will facilitate a more appropriate defensive strategy. The statutory basis for the claims, substance of the complaint, parties defendant, pretext, feasible alternatives, and reasonable accommodation are discussed as claim criteria. (MSE)
... 20-15:320-15, “Equal Employment Opportunity in Construction Financed with RUS Loans”; 7 CFR parts 15 and 15b and 45 CFR part 90. ... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1738.17 Section 1738.17...
... Resize A A A Print Share Office for Civil Rights (OCR) I would like info on. . . Contact ... enter your contact information below. Email Office for Civil Rights Headquarters U.S. Department of Health & Human Services ...
© 2015 Eastern Sociological Society. Fifty years after the civil rights movement, ethnic and racial disparities persist and have even widened across a number of socioeconomic indicators. When compared against whites, nonwhites today fare about the same or worse than their counterparts of the past in educational and occupational attainment, income and earnings, wealth, unemployment and underemployment. How can we understand the failure of racial and ethnic minority groups to attain socioeconom...
... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Applicability of civil rights statutes. 1007.45 Section 1007.45 Housing and Urban Development Regulations Relating to Housing and Urban... civil rights statutes. To the extent that the requirements of title VI of the Civil Rights Act of...
... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil Rights Impact Analysis. 4279.60 Section 4279.60... RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE GUARANTEED LOANMAKING General § 4279.60 Civil Rights..., “Civil Rights Impact Analysis” are met and will complete the appropriate level of review in...
... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Civil rights. 35.925-9 Section 35.925-9... ASSISTANCE Grants for Construction of Treatment Works-Clean Water Act § 35.925-9 Civil rights. That if the... the Civil Rights Act of 1964 and part 7 of this chapter have been met....
Full Text Available The civil and political rights as protected under the Covenant from the core of human rights protection on the international plane. This paper seeks to demonstrate how this goal may be archieved. The genesis of the Covenant will be discussed in the context of the evolution of human rights law. Starting from the normative framework and its development after the adoption of the Universal Declaration of Human Rights the scope of the Covenant rights as well as the duties of the State parties will be discussed. The monitoring role of th Human Rights Committee as major element in the implementation process will be closely examined. The paper will be focused on the status of the State parties and the Status of the Covenant in domestic law. Also will specifically focus on the State reporting system and the individual complaint procedure be carefully selected case studies. In conclusion, will be discussed the legal consequences of violations of rights protected by the Covenant.
... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil rights compliance. 3565.8 Section 3565.8... AGRICULTURE GUARANTEED RURAL RENTAL HOUSING PROGRAM General Provisions § 3565.8 Civil rights compliance. (a... or having exercised their right under the Consumer Credit Protection Act, and in accordance with...
Gallagher, James J.
In this article, James J. Gallagher explains, in the context of education, that "civil rights" means the guarantee of equal opportunity and justice for all and the actions taken against those barriers that stand in the way of such equality. How does the issue of civil rights bear on an area of special education such as the education of…
The author describes teaching eighth-grade students about the civil rights movement. Teachers used photographs of students in the 1950s as a central theme of their unit about the U.S. civil rights movement. Using these photographs as a learning tool inspired the students to be engaged in history. At the end of the unit, students were able to…
... against should file a discrimination complaint with the USDA Director, Office of Civil Rights, Room 326W, Whitten Building, 1400 Independence Avenue, SW., Washington, DC 20250-9410, or telephone (202) 720-5964....
Klepaker, Eirik Søreide
This thesis contains a analys of the Unionist Party's preception and respons to the Northern Irish civil rights movement. The thesis sets out to explore how the civil rights movement influenced the events leading up to the supension of the Stormont parliament in 1972. The time period streches from October 1968 to March 1972.
In response to the global financial crisis,China's civil affairs au-thorities redoubled their effort in 2009 to improve the livelihood of the Chinese people and protect their basic rights and interests under the constitutional principle of respectingand protecting human rights.
Berger, Martin A.
Full Text Available "Fixing Images" argues that the iconic photographs of civil rights played a key role in limiting the racial reforms of the 1960s. The famous photographs of dogs and fire hoses turned against peaceful black marchers in Birmingham, or of tear gas and clubs wielded against voter-rights marchers in Selma are routinely credited with galvanizing the sympathy of liberal whites in the north for the plight of blacks in the south and of smoothing the wayfor civil rights legislation. What goes unsaid is how the photographs moved whites to accept legislative and social reforms by perpetuating a picture of white control. The article illustrates how white sympathy was contingent on images that consistently displayed blacks as the passive and hapless victims of active and violent whites. And it demonstrates how the iconic images of civil rights ultimately limited efforts to enact – or even imagine – reforms that threatened to upend the racial balance of power.
Although the Convention on the Rights of the Child (1989) was a significant international achievement, its adoption requires analysis and interpretation in terms of the possibilities and limitations of multilateral cooperation. The international movement for children's rights can only be conceived as the result of a system of multilateral…
... Civil Rights. 105-53.130-2 Section 105-53.130-2 Public Contracts and Property Management Federal... ORGANIZATION AND FUNCTIONS Central Offices § 105-53.130-2 Office of Ethics and Civil Rights. The Office of Ethics and Civil Rights, headed by the Special Counsel for Ethics and Civil Rights, is responsible...
Full Text Available In response to increasing public awareness of human trafficking in the United States, the Victims of Trafficking and Violence Protection Act (TVPA was signed into law by President Bill Clinton in October of 2000. The TVPA consolidated existing legislation to create a comprehensive civil remedy; this ensures that trafficking victims are no longer forced to seek redress under multiple criminal and civil statutes that target only components of the human trafficking offense. However, despite its status as the first comprehensive anti-trafficking legislation to be enacted in the United States, the TVPA fails to sufficiently address human trafficking concerns. It is suggested that the failure of the TVPA is a result of both the prosecutorial focus of the legislation, a focus which tends to overlook victims’ civil rights, and the contingency of TVPA benefits upon adherence to the prosecutorial process. In response to the shortcomings of the TVPA, the legislation was amended by the Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA to provide a civil remedy for trafficking victims. The civil remedy confers on trafficking victims the private right to vindicate their civil rights and hold their traffickers directly accountable for their exploitative acts. By directly compensating victims, the civil remedy acts as a financial deterrent against traffickers and provides a private enforcement anti-trafficking policy. In pursuing the civil remedy, trafficking victims possess several advantages over the prosecutorial process of the TVPA and other civil causes of action. However, despite its advantages, the civil remedy is infrequently utilized thus frustrating congressional intent that victims advance antitrafficking policy by enforcing a civil remedy against their traffickers.
The gratuitous right of use is regulated by the new Civil Code as one of the rights corresponding to the public property. The paper aims to analyse this right in the context of the current legislation, in view of the beneficiaries, the content and the juridical characteristics, as well as the legal limits of the gratuitous right of use. There are identified the categories of legal persons who can exercise the gratuitous right of use and the conditions which should be fulfilled in order to exe...
Sergio Patricio Fiedler
A fundamental dimension of contemporary social movements is the use of civil disobedience, as means of both exerting mass pressure on the political system and as a process through which the participants of a social movement perceive and construct an alternative and autonomous democratic power. This article attempts to develop a political and ethical reflection about the transformative dimension and collective potential of civil disobedience drawing on the notions of the right to rebel and the...
Full Text Available The abuse of rights is qualified as civil offence and it may not be different from that of aquilian responsibility, the purpose of its sanction is to protect the victim and not to punish the author. In the Romanian legal doctrine, the abuse of rights was defined as “the exercise of a civil subjective right by breaching the principles of its exercise.” The Constitutional Court held that the person exercising in bad faith and abusively his/her subjective or procedural rights is punishable by appropriate penalties, such as: dismissal of his/her legal action, obligation to bear the costs, application of certain court fines, etc.
Santoli, Susan; Vitulli, Paige; Giles, Rebecca
Exploring controversial and difficult events and issues with young children can be challenging. The Civil Rights Movement is an abstract, perhaps remote, issue for young children today. However, it is an important part of our country's history and a theme worthy of study. This article suggests ways to use photographs to explore this mature subject…
... requirements, project standards, and site and neighborhood standards under 24 CFR 891.120, 891.125, 891.210, 891.310, and 891.320, as applicable; and 24 CFR 8.4(b)(5), which prohibits the selection of a site or... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Civil rights requirements....
Potter, Lee Ann
In this article, the author examines the practice of the filibuster, using as the featured document the signed cloture motion in the Senate for an end to the filibuster to block the Civil Rights Act of 1964. The accompanying teaching activities enable teachers to introduce their classes to the history and practice of the filibuster. (Contains 1…
... Act of 1990, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, 45 CFR part 80, part 84, and part 91, and 28 CFR part 35. ... 42 Public Health 4 2010-10-01 2010-10-01 false Civil rights assurance. 457.130 Section...
Wiley, Terrence G.
This article briefly reviews the contributions to this volume and revisits the original focus of the Civil Rights Act (CRA). It considers how much progress has been made in addressing the original concerns regarding ethnic and racial discrimination that the act was intended to address and the intersection of language issues with them. The article…
... under title VI (24 CFR parts 1 and 2), section 109 (24 CFR 570.602)), Executive Order 11063 (24 CFR part 107), section 504 (24 CFR part 8), or other applicable law. ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Other civil rights authorities....
Frankenberg, Erica; Siegel-Hawley, Genevieve
The Civil Rights Project (CRP) is in the midst of an analysis of rapidly growing charter school enrollment, which the authors anticipate releasing next month. Similar to trends described in their 2003 report and in other research on racial isolation in charter schools, they find higher levels of segregation for black students in charter schools…
Silvers, Anita; Francis, Leslie
This article explores rights-based approaches to protecting disabled people against inequities in access to health care services. Understanding health care as a human right, as is found in the UN Convention on the Rights of People with Disabilities (CRPD), fails to provide theoretical machinery for responding to certain pressing challenges. An alternative account, understanding health care as a civil right, proves more promising. This latter approach then is applied to the right to health care under the U.S. Affordable Care Act (ACA), which contains provisions that could be antithetical to, and thus fail to comply with, the nondiscrimination standard of meaningful access to health care benefits. PMID:24446937
...'Malley Act or by any other means authorized by law. As delineated in 43 CFR 17.1, 17.8, and 17.9, such... departments, provide for the conduct of consolidated or joint hearings as prescribed in 43 CFR 17.8(e). ... 25 Indians 1 2010-04-01 2010-04-01 false Civil Rights Act violations. 273.42 Section...
... 7 Agriculture 12 2010-01-01 2010-01-01 false Title VIII of the Civil Rights Act of 1968. 1901.203... OF AGRICULTURE PROGRAM REGULATIONS PROGRAM-RELATED INSTRUCTIONS Civil Rights Compliance Requirements § 1901.203 Title VIII of the Civil Rights Act of 1968. FmHA or its successor agency under Public Law...
... 7 Agriculture 12 2010-01-01 2010-01-01 false Civil Rights Compliance Reviews A Exhibit A to... OF AGRICULTURE PROGRAM REGULATIONS PROGRAM-RELATED INSTRUCTIONS Civil Rights Compliance Requirements Pt. 1901, Subpt. E, Exh. A Exhibit A to Subpart E of Part 1901—Civil Rights Compliance Reviews...
This article reviews the impacts of the civil rights policies framed in the 1960s and the anti-civil rights political and legal movements that reversed them. It documents rising segregation by race and poverty. The policy reversals and transformation of U.S. demography require a new civil rights strategy. Vast immigrations, the sinking White…
... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Civil rights/compliance reviewing... MARKETING § 108.21 Civil rights/compliance reviewing office compliance responsibility. The civil rights/compliance reviewing office shall be responsible for determining whether an applicant's actions are...
... 10 Energy 1 2010-01-01 2010-01-01 false Office of Small Business and Civil Rights. 1.37 Section 1... Headquarters Staff Offices § 1.37 Office of Small Business and Civil Rights. The Office of Small Business and Civil Rights— (a) Develops and implements an effective small and disadvantaged business program...
Samar, V J
This essay explores, in two parts, the problems of justifying civil rights legislation for gays, lesbians, and bisexuals. Part I shows that discrimination against gays and lesbians at least in respect to employment, housing, and public accommodations is an evil unsupported by ethical traditions in utilitarianism, rights theory, and communitarianism. It also shows that two theories, Kantian theory and natural law theory, which do support such discrimination on the claim that homoerotic behavior is universally or objectively immoral only do so because of a failure to make precise the concept of "natural" which underlies those theories. Part II argues that anti-discrimination legislation is both an appropriate and effective means to promote the idea that discrimination against lesbians and gays in respect to most employment, housing, and public accommodations is sufficiently injurious to both individuals and society that it should not be tolerated. The section also explains how such legislation might succeed practically in eliminating discrimination in these areas. PMID:7860981
... Agency Information Collection Activities; Comment Request; Mandatory Civil Rights Data Collection AGENCY... Rights Data Collection. OMB Control Number: 1870--NEW. Type of Review: A new information collection... uses data. For school years 2009-10 and 2011-12, the Civil Rights Data Collection (CRDC) was...
Full Text Available This article brings together the United Nations’ International Covenant on Economic, Social and Cultural Rights (ICESCR and John McMurtry’s theory of value. In this perspective, the ICESCR is construed as a prime example of “civil commons,” while McMurtry’s theory of value is proposed as a tool of interpretation of the covenant. In particular, McMurtry’s theory of value is a hermeneutical device capable of highlighting: (a what alternative conception of value systemically operates against the fulfilment of the rights enshrined in the ICESCR; (b the increased relevance of the ICESCR with regard to the current global economic crisis; (c the parameters to determine the degree to which the rights at issue have been realized. Reflections on environmental implications of both the ICESCR and McMurtry’s axiology conclude the article.
Full Text Available
This article brings together the United Nations’ International Covenant on Economic, Social and Cultural Rights (ICESCR and John McMurtry’s theory of value. In this perspective, the ICESCR is construed as a prime example of “civil commons,” while McMurtry’s theory of value is proposed as a tool of interpretation of the covenant. In particular, McMurtry’s theory of value is a hermeneutical device capable of highlighting: (a what alternative conception of value systemically operates against the fulfilment of the rights enshrined in the ICESCR; (b the increased relevance of the ICESCR with regard to the current global economic crisis; (c the parameters to determine the degree to which the rights at issue have been realized. Reflections on environmental implications of both the ICESCR and McMurtry’s axiology conclude the article.
This thesis is devoted to the roles and contributions of black women in the Civil Right Movement against racial discriminations in the U.S.A in 1960 s. The conclusion comes from three aspects of the black women’s involving the Civil Right Movement.
This thesis is devoted to the roles and contributions of black women in the Civil Right Movement against racial discriminations in the U.S.A in 1960s. The conclusion comes from three aspects of the black women’s involving the Civil Right Movement.
... 29 Labor 4 2010-07-01 2010-07-01 false Right to file a civil action. 1614.310 Section 1614.310... EQUAL EMPLOYMENT OPPORTUNITY Related Processes § 1614.310 Right to file a civil action. An individual who has a complaint processed pursuant to 5 CFR part 1201, subpart E or this subpart is authorized...
Kauffman, James M.; Landrum, Timothy J.
The civil rights movements involving skin tone, gender or gender orientation, disability, and other physiognomic features remain important in securing the legal rights of individuals to equal treatment and equal opportunities regardless of their personal characteristics of color, origin, gender, and so on. Unfortunately, these welcome civil rights…
Office for Civil Rights, US Department of Education, 2009
This paper is the Office for Civil Rights's (OCR's) "Annual Report to Congress" for fiscal years 2007 and 2008. This report details OCR's accomplishments in enforcing the civil rights laws under which OCR has been granted jurisdiction to address and remedy discrimination. These enforcement efforts include complaint investigation and resolution,…
Russell, Caskey; Rios, Francisco; Zamudio, Margaret; Bridgeman, Jacquelyn
This article explores the work and findings of the Praxis Project: a group of university educators who worked with elementary and secondary school teachers in a professional development setting to reinvigorate their civil rights pedagogy. The Praxis group created a "Six Category Model for Teaching Civil Rights" and used that model as a foundation…
Civil Rights Project / Proyecto Derechos Civiles, 2010
The Civil Rights Project (CRP) was founded, in part, to bring rigorous social science inquiry to bear on the most pressing civil rights issues. On-going trends involving public school segregation have been a primary focus of the CRP's research, and the expanding policy emphasis on school choice prompted analysis of the much smaller--but…
It has been said that pragmatism's "merely instrumental" truths fail to motivate radical change whereas absolute ideals make excellent guiding and driving forces for justice. However, in "Radical Equations: Math Literacy and Civil Rights," Robert Moses speaks of the radical success of pragmatic principles, used in the Civil Rights Movement, that…
US Department of Education, 2009
This report details the U.S. Department of Education Office for Civil Rights' (OCRs') accomplishments in enforcing the civil rights laws under which OCR has been granted jurisdiction to address and remedy discrimination. These enforcement efforts include complaint investigation and resolution, compliance reviews and technical assistance, as well…
Epstein, Richard A.
In January, 2014, the Civil Rights Division of the Department of Justice (DOJ) and the Office for Civil Rights in the Department of Education (ED) issued a joint "Dear Colleague Letter" to K-12 schools. The topic discussed in their joint letter is whether administrators are punishing minority children more harshly than white children for…
Hale, Jon N.
This article examines the history of the 1964 Mississippi Freedom Schools to illustrate how integrating the Civil Rights Movement into the social studies curriculum refocuses the aims of American education on participatory democracy. Teaching the Civil Rights Movement and employing the teaching strategies used in the Freedom Schools leads to the…
The new Civil Code introduces several important changes and clarifications regarding the ownership right in general, and the private ownership right, in particular, so that it becomes necessary, for both the analyst in law and the practitioner, to make a comparison between the old regulation contained in the Civil Code of 1864 and the current regulation provided by the new Civil Code. At least in theory, the new legal framework in this area shows greater consistency and legal precision, altho...
From the text of art. 1837, art. 1844 and art. 1895 Civil Code, we get the idea that the acquisitive prescription is applied to the property right. Other regulations (1846 Civil Code , art. 623 and 624 Civil Code ), but, I complete that, by supporting the conclusion of the judicial doctrine and practice, namely not only the property right, but also the other main real rights – usufruct, use, occupancy, servitude and superficies – may be gained by means of the short or long term acquisitive pr...
Nilsen, Alleen Pace
Drawing attention to widespread instances of discourteous speech and hate discourse that permeate US and world culture, Alleen Pace Nilsen maintains that our imperative as educators is to teach "students the benefits of being civil to each other." She proposes some avenues for enriching students' understanding of the power of civil language.
.... 2. 3. State Director. (7 U.S.C. 1989; 42 U.S.C. 1480; 7 CFR 2.23; 7 CFR 2.70) ... 7 Agriculture 12 2010-01-01 2010-01-01 false Summary Report of Civil Rights Compliance Reviews B... AGENCY, DEPARTMENT OF AGRICULTURE PROGRAM REGULATIONS PROGRAM-RELATED INSTRUCTIONS Civil...
This contribution examines our age from the point of view of 'safeguarding' civil rights. The author discusses the concept of privacy and the conditions in industrial establishments which, in this context, are described as areas where the validity of civil rights is interrupted or diluted, and shows that the number of spheres of life where civil rights loose in validity are increasing, as e.g. research centres, and power generating industrial plants. The current concept of risk acceptance and security is discussed as well as the possibility and necessity to safeguard civil rights. The author concludes that security in the social meaning cannot be achieved by establishing a more or less rigid surveillance system. (orig./HSCH)
In this article I make the case that urban science education is a civil rights issue and that to effectively address it as such we must shift from arguments for civil rights as shared physical space in schools to demands for high-quality academic preparation that includes the opportunity to learn science. The argument is organized into two sections: first, a review of the school desegregation literature to make the case that urban science education for all is a civil rights issue; and second, an examination and critique of opportunity-to-learn literature, including an analysis of three opportunity-to-learn constructs to illustrate their potential as civil rights tools in science education.
Saucedo, Leticia M.
"After Civil Rights: Racial Realism in the New American Workplace." John Skrentny. Princeton University Press. December 2013. --- What role should racial difference play in the American workplace? In After Civil Rights, John D. Skrentny contends that after decades of mass immigration, many employers and advocates have adopted a new strategy to manage race and work. Skrentny argues that in today’s workplace, employers routinely practice “racial realism,” where they see racial diversity as a wa...
Carolina Villadiego Burbano
The article proposes the hypothesis that orality is a central element of due process in civil justice, which is derived from the “right to a hearing” contained in Article 8.1 of the American Convention on Human Rights. This hypothesis is based on four arguments: a) the need to ensure the principle of immediacy in the civil process, b) recognition of the right of hearing as part of due process in other international human rights instruments, c) some pronouncements from agencies and institution...
In response to increasing public awareness of human trafficking in the United States, the Victims of Trafficking and Violence Protection Act (TVPA) was signed into law by President Bill Clinton in October of 2000. The TVPA consolidated existing legislation to create a comprehensive civil remedy; this ensures that trafficking victims are no longer forced to seek redress under multiple criminal and civil statutes that target only components of the human trafficking offense. However, despite its...
Schmidt, Sandra J.
Same-sex marriage is part of a global civil rights struggle for LGBQ rights. How this movement is framed, advanced, and critiqued across the globe can be linked to how young people in schools are prepared to deliberate social issues in the political sphere. This article examines national history books as cultural artifacts that present what is…
In this presentation I attempt to single out recent trends in the law of nationality of European civil law countries, with a particular focus on the right to a nationality and the impact of fundamental rights (in particular the prohibition of discrimination between women and men) on nationality law.
Bailey, Robert W.; Cruz, Bárbara C.
In this article, the authors explore the timely and sometimes controversial topic of gay civil rights and how the attendant issues might be taught in the social studies classroom. Many teachers shy away from teaching students about gay rights issues for a variety of reasons including personal beliefs, a lack of instructional time as a result of…
Henn, Edward M.; Pell, Sarah W. J.
The United States Supreme Court, in an employment practices case, apparently moved away from protecting the individual's rights against discrimination. However, the case focused on the theory of disparate impact, not disparate treatment, and hardly signals the end of civil rights. Suggests a review of school district employment practices and…
... Rights (OCR) has enforcement responsibilities under several civil rights laws, including Title VI, Title... these responsibilities, OCR collects assurances of compliance from applicants for Federal financial..., as stated in the Summary above, OCR and the U.S. Department of Justice can use the signed...
This article examines the role that the common law has played in Human Rights Act 1998 case law on the protection of 'civil rights' within the meaning of Article 6 ECHR. Focusing on Article 6 ECHR's 'disclosure' and 'full jurisdiction' requirements, it highlights an increasingly nuanced relationship between the ECHR and common law in cases under and outside the Human Rights Act 1998. Although the general pattern within the case law has been one of domestic court fidelity to the ECHR - somethi...
Bayar, Adem; Kerns, James H.
Due to the value of personal rights and freedoms, along with the associated questions and continuing problems, the issue of "civil rights" continues to be relevant in the twenty-first century. In the United States, the civil rights of disenfranchised people are adversely affected by various social, regional, and federal policies.…
Morten Kjaerum, Gabriel N. Toggenburg
Full Text Available The European Union Agency for Fundamental Rights (FRA, the EU body responsible for advising EU institutions on fundamental rights, is equipped with a Fundamental Rights Platform (FRP to ensure an on-going and structured exchange of information and feedback between the FRA and Civil Society. When the FRA was founded in 2007, there was little pre-existing knowledge on how to design such a Platform; hence, the development of the relationship between the FRA and Civil Society over the first five years proved an interesting experiment. Although the Platform was never intended as a mechanism of democratic co-decision making, it is far more than a loose marketplace where Civil Society actors across the spectrum of fundamental rights themes gather. The Platform offers channels of consultation and exchange not only among the participants but also with the FRA. It allows for cross-pollination, ensuring informed grassroots input into FRA work and FRA expertise flow to Civil Society actors. This synergetic relationship builds upon both the self-organising forces of Civil Society and the terms of references of the FRP as defined by the FRA. The Platform allows to find a certain unity in the remarkable diversity of fundamental rights voices. To what degree, however, the Platform’s dynamics allow the transformation of sometimes ‘compartmentalised’ single human rights discussions into wider trans-sectoral and transnational debates within the Human Rights Community depends on the motivation and the interest(s of the different Civil Society players.
McGraw, Marvin A.
A discussion by the Assistant to the Director, Office of Revenue Sharing, U.S. Treasury Department, of the four part approach of that agency to extending the ability of the federal government to combat discrimination in the state and local sector; human rights workers should focus on the monetary and economic impact these funds have on the…
A. Ruggeri; B. Burgoon
The aim of this PEPS Letter is to clarify the effects of human rights "Naming and Shaming" by international actors, such as IOs, NGOs and the international media, on the intensity of violence in domestic conflict. The note carries out, evaluates and proposes empirical strategies to study such effect
London, Leslie; Schneider, Helen
While neoliberal globalisation is associated with increasing inequalities, global integration has simultaneously strengthened the dissemination of human rights discourse across the world. This paper explores the seeming contradiction that globalisation is conceived as disempowering nations states' ability to act in their population's interests, yet implementation of human rights obligations requires effective states to deliver socio-economic entitlements, such as health. Central to the actions required of the state to build a health system based on a human rights approach is the notion of accountability. Two case studies are used to explore the constraints on states meeting their human rights obligations regarding health, the first drawing on data from interviews with parliamentarians responsible for health in East and Southern Africa, and the second reflecting on the response to the HIV/AIDS epidemic in South Africa. The case studies illustrate the importance of a human rights paradigm in strengthening parliamentary oversight over the executive in ways that prioritise pro-poor protections and in increasing leverage for resources for the health sector within parliamentary processes. Further, a rights framework creates the space for civil society action to engage with the legislature to hold public officials accountable and confirms the importance of rights as enabling civil society mobilization, reinforcing community agency to advance health rights for poor communities. In this context, critical assessment of state incapacity to meet claims to health rights raises questions as to the diffusion of accountability rife under modern international aid systems. Such diffusion of accountability opens the door to 'cunning' states to deflect rights claims of their populations. We argue that human rights, as both a normative framework for legal challenges and as a means to create room for active civil society engagement provide a means to contest both the real and the
The main aim of this project was to increase our understanding of adolescents’ support for civil liberties and minority rights. Within democratic societies, this topic is of great importance. To ensure that all citizens can participate and to sustain democratic involvement, modern, liberal democracies guarantee all their citizens’ specific rights, such as freedom of speech and association. As a consequence, individuals have to be able to deal with diversity of beliefs, opinions and lifestyles...
Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part V--Outdoor Pursuits as an Extracurricular Alternative for Addressing Office of Civil Rights Guidance
Davis, Timothy D.; Felix, Manny
The Office of Civil Rights (OCR) recently clarified that schools are required to provide students with disabilities (SWD) equal opportunities to participate in extracurricular activities (U.S. Department of Education [USDE] Office for Civil Rights, 2013). Schools have flexibility to design and expand extracurricular opportunities based on existing…
Unnithan, Maya; Heitmeyer, Carolyn
Rights-based approaches have become prevalent in development rhetoric and programmes in countries such as India, yet little is known about their impact on development practice on the ground. There is limited understanding of how rights work is carried out in India, a country that has a long history of indigenous rights discourse and a strong tradition of civil society activism on rights issues. In this article, we examine the multiple ways in which members of civil society organizations (CSOs...
... Department of Health and Human Services, Chapter AT, Office for Civil Rights (OCR), as last amended at 69 FR... Improvement Act (PSQIA) patient safety protections, the Director provides leadership, priorities, guidance and... Deputy Director for Enforcement and Regional Operations include: (1) Providing leadership,...
This article describes second graders in a predominantly white suburban school who were assigned to ask their grandparents to write about their experiences during the Civil Rights Movement. The letters bring surprising wisdom--and some thought-provoking issues--to the classroom. The author found that the power of the primary source documents…
Buchanan, Lisa Brown
This article describes how elementary preservice teachers used four documentary films to think historically about the United States Civil Rights Movement. The author situates the descriptive case study within research about historical thinking and documentary film, identifying the need for using documentary film to think historically in the…
Foster, Janet E.; Root, Tonja L.; Lee, Seungyoun
Considering the importance of the Civil Rights Movement, children need to be introduced to the related concepts early in their school experiences, and teachers need to consider students' developmental needs and curriculum standards in order to provide appropriate content and methods of instruction. The purpose of this article is to introduce a…
... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Exemption of Civil Rights Division Systems. 16.90 Section 16.90 Judicial Administration DEPARTMENT OF JUSTICE PRODUCTION OR DISCLOSURE OF... identity of confidential sources, and result in an unwarranted invasion of the privacy of...
Mills, Shirley J.
This article profiles Marian Wright Edelman, a crusader for civil and children's rights. She was born June 6, 1939, at a time when prejudice and segregation were the norm. The Wright family lived in a small, southern town of Bennetsville, South Carolina, where Marian was the youngest of five children. Her father, the Reverend Arthur Jerome Wright,…
As a young child, Barack Obama learned about the civil rights movement from his mother. Obama's mother strove to instill in her multiracial son pride in being more than just literally African American. There is much to learn from Obama's history, understood both as the story of his life and as what Obama himself has said about his past and the…
Analyzes three landmark Supreme Court cases in which the value of literacy and the reality of racial discrimination were contested. Concludes that there is an ideology in which the economy of literacy is regarded as white property and argues that these court decisions have stalled the civil rights movement. (Contains 59 references.) (SK)
General Accounting Office, Washington, DC. General Government Div.
This report reviews the following aspects of the United States Commission on Civil Rights from 1978 through 1985: (1) employment trends; (2) hiring and use of consultant, temporary, and Schedule C employees; (3) referrals from state employment service offices; (4) affirmative action; (5) awards and promotions; (6) commissioners' and special…
McGowan, Angela K; Lee, Mary M; Meneses, Cristina M; Perkins, Jane; Youdelman, Mara
To improve health in the twenty-first century, to promote both access to and quality of health care services and delivery, and to address significant health disparities, legal and policy approaches, specifically those focused on civil rights, could be used more intentionally and strategically. This review describes how civil rights laws, and their implementation and enforcement, help to encourage health in the United States, and it provides examples for peers around the world. The review uses a broad lens to define health for both classes of individuals and their communities-places where people live, learn, work, and play. Suggestions are offered for improving health and equity broadly, especially within societal groups and marginalized populations. These recommendations include multisectorial approaches that focus on the social determinants of health. PMID:26789383
Hanneke van Eijken; Sybe de Vries; Marie-Pierre Granger; Orsolya Salát; Uwe Puetter; Clara I. Velasco Rico
The UU team, Dr. Hanneke van Eijken and Professor Sybe de Vries, in coordination with the CEU research group (Dr. Marie-Pierre Granger and Dr. Orsolya Salát), has prepared a synthetic report, which provides a critical overview of the civil rights of EU citizens and third-country nationals in selected Member States (Belgium, the Czech Republic, Denmark, France, Germany, Hungary, Italy, Spain, the Netherlands and the United Kingdom and Ireland). The analysis carried out for ...
Kousser, J. Morgan
Stanford University economic historian Gavin Wright's clear, accessible, and deeply researched book argues persuasively, first, that it was civil rights laws and federal court decisions from Brown v. Board of Education (1954) on that substantially enhanced the economic well-being of southern blacks after 1960. These improvements in black status, he demonstrates with both statistical evidence and qualitative case studies, would not have come about through the operation of mar...
... 29 Labor 4 2010-07-01 2010-07-01 false Terms defined in title VII of the Civil Rights Act, the... REGULATIONS Definitions § 1601.2 Terms defined in title VII of the Civil Rights Act, the Americans with... in this part shall have the meanings set forth in section 701 of title VII of the Civil Rights Act...
... 29 Labor 4 2010-07-01 2010-07-01 false Relationship to the Equal Pay Act of title VII of the Civil... OPPORTUNITY COMMISSION THE EQUAL PAY ACT § 1620.27 Relationship to the Equal Pay Act of title VII of the Civil Rights Act. (a) In situations where the jurisdictional prerequisites of both the EPA and title VII of...
Sementsov Nikolay Yur’evich
The article dwells on the major United States Supreme court decisions that influenced African Americans’ civil rights progress in 1945-1952. These decisions referred racial segregation in transportation, education, housing and the election system. The Supreme Court reconsidered the federal power in civil rights protection against violations by states, local authorities and private persons. The issue is studied with a brief regard of previous court practice. The study concludes that a signific...
The system of direct provision for asylum seekers will be 14 years in operation on 10 April 2014. I contend that the system of direct provision violates a number of rights specifically protected under the International Covenant on Civil and Political Rights (ICCPR): in particular, the prohibition of inhuman and degrading treatment, protection of the right to private and family life, and the right to equal treatment under law.
In a 4-3 opinion issued on April 11, the Supreme Judicial Court of the Commonwealth of Massachusetts affirmed a lower court order preventing anti-choice activists from blocking access to a facility providing abortion counseling or services. Granted under the Massachusetts Civil Rights Act, the injunction also prohibits using force against anyone entering, leaving, or working at such a location (see RFN II/22). Several health care providers and pro-choice organizations obtained a preliminary injunction in 1989 against trespassing or blockading at specific clinics. The following year, the Commonwealth of Massachusetts intervened in the case and was granted a similar statewide order by Superior Court Judge Peter Lauriat. Upholding application of the civil rights statute in this context, the Massachusetts Supreme Judicial Court found that the trial court "properly concluded that the defendants' conduct constituted threats, intimidation, and coercion" of women seeking to exercise their constitutional right to choose abortion. Moreover, the state High Court held that the trial court "did not abuse its discretion in denying disclosure of the identities of the women affected by the defendants' conduct." Anti-choice activists had claimed they needed to question patients to show that blockades--not threats, intimidation, or coercion--caused them to delay their abortion procedures. Congratulations to John Henn of Foley, Hoag and Eliot of Boston, who represented plaintiffs in Planned Parenthood League of Massachusetts v. Blake. CRLP's Janet Benshoof, Catherine Albisa, and Priscilla Smith filed an amicus brief in the case (see RFN II/22). PMID:12318701
Petrović Nikola M.
Full Text Available Treatment of persons with psychological difficulties varied in different historical periods, but in its essence remained similar until today. It included an inhumane relationship towards these persons, involuntary treatment through torture, and isolation from society as a kind of punishment for their diversity. It was not until the late 19th century that the relationship of society towards these individuals started to improve gradually, but in the 21st century isolation of these individuals still remained the dominant form of acceptable social solution for the “problem”, with a somewhat more humane attitude towards them and less cruel treatment. Serbia has followed the trends of treatment of the persons with psychological difficulties from the rest of Europe for centuries, but is still lagging behind the world in the introduction of new methods of treatment. Indeed the first legal solution to regulate the human rights of these people is currently in the process of implementation. The subject of this paper is the treatment of persons with psychological difficulties and the violation of their civil rights. In a subject specific context the goal of the analysis was the historical review of the treatment towards persons with psychological difficulties by doctors, other practicioners and the community in general, with reference to the current situation regarding their treatment within the psychiatric institutions, as well as the legal regulations and the protection of their civil rights.
Glenn T. Eskew
Full Text Available The watershed election in 2008 of Barack Obama as the first President of the United States to have African ancestry resulted from the life work of such civil rights activists as U.S. Congressman John Lewis. Born on a sharecropper’s farm in 1940, the African American Lewis grew up in segregated Alabama. As a college student in Nashville, he joined the sit-in protests and volunteered for the original Freedom Ride in 1961. He was elected chairman of the Student Nonviolent Coordinating Committee, becoming the youngest speaker at the March on Washington in 1963. The radical shift to Black ultimately forced Lewis out of SNCC. Consequently Lewis capitalized on the Voting Rights Act of 1965, turned his attentions to voter registration campaigns, and continued working within the system. In 1986 he won election to the U.S. House of Representatives to represent Atlanta’s Fifth Congressional District, a seat he continues to hold today.
Full Text Available Today, the intellectual property protection is no longer an absolute social and legal that justifies adoption of any measures necessary to protect it. Initially seen as the prerequisite for sustainable development, implementation of new technologies, and encouragement of international trade, the intellectual property, especially prior to ACTA (Anti-Counterfeiting Trade Agreement international trial implementation, and also thereafter, was increasingly identified as a source of violation of fundamental rights and civil liberties, i.e. the right to protection of personal data, the right to privacy, freedom to send and receive information freedom of information, freedom to contract, and freedom to carry out economic activities (freedom of commerce. As far as international trade transactions have often a component of intellectual property that requires to be protected, it is necessary to identify the landmarks, the rules establishing de facto limits in order to protect the intellectual property without risk of infringement of fundamental rights and civil liberties of other persons, in particular users or potential users of goods and services incorporating intellectual property. The best guidelines in this regard may be provided by the CJEU (Court of Justice of the European Union case-law both due to its reasoning underlying the decision of the Parliament to reject ACTA ratification and the fact that the case-law of this Court, especially the most recent one, is highly complex and nuanced, not denying in any way the importance of intellectual property, and identifying certain cases where their primacy persist and whose analysis leads to laying down some general rules in the field.
Levesque, Roger J R
The civil rights movement fostered dramatic shifts in legal responses to discrimination based on race, gender, and a host of other group characteristics. The legal system now evinces yet another dramatic shift, as it moves from considering difference to focusing on neutrality, from efforts that seek to counter subjugation to those that adopt a "color-blind" approach. The shifting approach already has reached laws regulating responses to the group that spurred massive civil rights reform: minority youth. The shift requires a different body of empirical evidence to address it and a new look at equality jurisprudence. This article notes the need to turn to the current understanding of prejudice and discrimination for guidance, and uses, as illustration, developmental science to shed light on the development, manifestation, and alleviation of invidious discrimination. Using that understanding, the analysis details how the legal system can benefit from that research and better address discrimination in light of dramatic changes in law. The article articulates the need to address discrimination by recognizing and enlisting the law's inculcative powers through multiple sites of inculcation, ranging from families, schools, health and justice systems to religious and community groups. The discussion concludes with brief suggestions for reform benefiting from understandings of prejudice and its expression. PMID:24826823
In The Color of America Has Changed, Mark Brilliant examines California’s history to illustrate how the civil rights era was a truly nationwide and multiracial phenomenon – one that was shaped and complicated by the presence of not only blacks and whites, but also Mexican Americans, Japanese Americans, and Chinese Americans, among others. Jonathan Bell applauds the author’s deep engagement with an important topic. The Color of America Has Changed: How Racial Diversity Has Shaped Civil Rig...
Mara Yerkes; Cristina Solera; Giulia M. Dotti Sani; Trudie Knijn; Manuela Naldini; Birte Siim; John Gal; Dana Halevy; Marta Ibanez; Ana Rosa Argüelles; Luis Antonio Fernanández Villazón; Josip Sipic
Deliverable 9.4 aims to investigate the relationship between the effects of existing discrepancies between civil, political, social, and economic citizenship rights on the one hand, and obligations of European and non-European citizens as family members moving across borders on the other. The goal of Deliverable 9.4 is to provide insights on national attitudes towards several key themes, including: family and reproductive rights across diverse family forms in Europe, attitudes...
Victor H. Sundquist
Full Text Available The fundamental question of whether or not the Green Movement’s opposition leaders were successful in their attempts to change the political landscape in Iran first lies in understanding the premise behind the organization and secondly recognizing the actual goals of the leadership. Consequently, this article analyzes these questions as a framework for developing a comparative analysis between revolutions and civil rights movements as a means to understand both the intent and outcomes of the Green Movement. From this analysis, lessons learned are put forth as a means to establish a series of recommendations for future Western political engagements with Iran. In doing so, the hope is that a political dialogue will emerge between Western governments that both alleviate the current tensions while also addressing security concerns in the region.
Howard E. McNier
Full Text Available Globalization of business has increasingly involved American attorneys in an ethical dilemma which is not just academic, but may result in disciplinary action against the attorney. What is counsel to do when it is discovered that overseas employment practices (legal in the foreign country violate American law? May counsel, citing current case law, ethically advise management that discharge of a troublesome employee may be effected "legally" by simply transferring the employee overseas, then firing her? These ethical issues can be put in sharp focus by reviewing a provision of the 1991 Civil Rights Act (CRA that extends application of the 1964 CRA to cover American citizens working overseas for American owned or controlled firms. Expansive interpretation of this by the Equal Employment Opportunity Commission (EEOC has ensnarled over 21,000 overseas businesses with the threat of being sued, in the United States, for employment practices committed outside of the United States.
Mirela Costache; Ion Iorga
In this paper we will keep under review the specificity of the reported pre-emption right to the sale contract, according to the article 1730-1740 of the New Civil Code. With the entry into force of the new future regulation, the pre-emption right will acquire a separate status, being currently known that the legal status of the right under the review is diverse; there are many legal provisions which provide this right in various areas, being excedentary to the sale contract, such as culture,...
This paper examines the role of civil society in the process of implementing the general measures of the Convention of the Rights of the Child, as defined in article 4 of the Convention and its General Comment No.5 (2003). While it is established in international law that States parties are the primary duty bearers to promote and protect children's rights, the Committee on the Rights of the Child has also recognized that other actors, including children, have a right and need to be engaged in...
The new Civil Code brings the institute of right abuse as a general clause. This clause, through its structural elements, as good-faith, good-customs and the social and economical aims, will find the responsibility of the agent into compensate another person who has overtook the limits of the law. The right abuse institute, however, goes further one to the civil order and the responsibility institute, coming around another fields of the law as well the institute of civil responsibility, match...
On July 17-18, a delegation from the United States Department of State will meet with the United Nations Human Rights Committee (“HRC”) in Geneva, Switzerland, to discuss the United States’ compliance with the International Covenant on Civil and Political Rights (“ICCPR”). This report draws from the Williams Institute’s empirical research to assess the effects that the United States’ noncompliance has on sexual minorities. The United States is noncompliant with the ICCPR’s antidiscri...
Hunt, Larry L.; Hunt, Janet G.
Concludes that Harry Marx's (1964) inference of a general opiate quality in black religion is incomplete and misleading. Examines data concerning religion and civil rights militancy. Finds that secular social factors (e.g., social class, region, and nonurban origins) are better indicators of militance than is religiosity. (Author/GC)
As of 1978 in San Antonio, Texas, equal employment opportunity remained an unfulfilled promise. The Texas Advisory Committee to the U.S. Commission on Civil Rights studied private sector employment in four industries (banking, hospitals, universities, broadcasting), public employment at four governmental levels (municipal, county, state, federal),…
Kells, Michelle Hall
This article examines what a pedagogy of public rhetoric and community literacy might look like based on an understanding of twentieth century Mexican American civil rights rhetoric. The inductive process of examining archival materials and conducting oral histories informs this discussion on the processes and challenges of gaining civic…
Horsford, Sonya Douglass
The purpose of this article is to extend the growing counternarrative in education research concerning the negative consequences of school desegregation and its implications for urban education, educational leadership, and policy reform in the post-Civil Rights Era. Guided by qualitative and historical research methods, this article presents the…
Arnhold, Robert; Young, Lauren; Lakowski, Terri
Part I of the feature describes the historical path of the Dear Colleague Letter and discusses the specific road to this landmark guidance, what it means, and how the leadership and action of the Office for Civil Rights will pave the way for students with disabilities to participate in sports the same way that Title IX has enabled participation…
Kim, Joon K.
This paper examines the politics of South Korea's multicultural discourse and locates its recent development in the context of a broader analytical discussion about multiculturalism. Utilizing the historical experience of the USA, this paper identifies the three orders of multiculturalism. Up until the civil rights movement of the 1950s and…
Buchanan, Lisa Brown
Historical documentary film usually offers content in a format that students find more engaging than traditional historical texts. In the classroom, documentary film can be positioned within a historical thinking framework to study a broad concept like civil rights while facilitating students' source work and skill development. While social…
Anderson, Carl B.
This textual analysis is a collective case study of K-12 United States History content standards in light of how they represent the historical experiences of African Americans during the Civil Rights Movement. The study uses a multi-perspective critical conceptual framework to evaluate the standards for nine state-level polities on both the…
... VI, Civil Rights Act of 1964. 50.3 Section 50.3 Judicial Administration DEPARTMENT OF JUSTICE... procedural guidance to the responsible department and agency officials in exercising their statutory... opportunity for a hearing, and (4) to complete the other procedural steps outlined in section 602,...
... a forthcoming workshop organized by the Office for Civil Rights (OCR). The meeting will be open to... response to this mandate, OCR is soliciting stakeholder input from experts with practical technical and policy experience to inform the creation of guidance materials. OCR is collecting views regarding...
Background/Context: Although the dominant narrative of the civil rights movement marginalizes the role of black educators, revisionist scholars have shown that a significant number of black teachers encouraged student protest and activism. There has, however, been little analysis of the work of black teachers inside segregated schools in the…
National Council on Disability, Washington, DC.
This paper summarizes a May 2000 conference about advancing the civil and human rights of people with disabilities from diverse cultures. The conference included people with disabilities from diverse cultures and members of national civil rights organizations. The conference identified five priority areas for attention: (1) cultivating leadership…
Becker, Amy B; Scheufele, Dietram A
Objectives. This study examines the factors that shape public acceptance of homosexuality and support for same-sex marriage across age cohorts.Methods. We analyzed data from two national surveys. We constructed hierarchical logistic and hierarchical ordinary least squares regressions for relevant age cohorts in order to test our hypotheses and explore our research questions.Results. Our models suggest that personal contact has a greater impact on the attitudes of younger respondents, positively influencing public acceptance of homosexuality. Alternatively, religious and ideological predispositions have a greater impact on the attitudes of older individuals. When examining public support for gay marriage, we find that younger individuals have higher levels of deliberative engagement with the issue debate, while older individuals rely more heavily on their predispositions when determining issue stance. Interestingly, measures of media exposure are not significantly related to either public acceptance of homosexuality or support for same-sex marriage, suggesting that other factors may have a greater impact on public attitudes at this point in time.Conclusion. The implications of these findings are discussed in light of the emergence of a new political generation and the continuing struggle for gay civil rights. PMID:21919271
N. V. Marchenko
Full Text Available Purpose. Statistical analysis of inventive activity in Ukraine shows that the largest number of applications is submitted by employees of universities and research institutions – almost 60% of all inventions. Practice of inventions execution proves that for researchers, especially for students, the most difficult part of the application and author documents is the claim. The purpose of research is a synthesis and supplying the general principles of quality drafting the patent claim, providing further legal protection of the patent. Methodology. Monitoring and analysis of the world documentary informational flow through the civil protection mechanism of the assignee rights on the basis of the patent claim allows us to compare the world systems of formulas development and summarize some key moments concerning the point in question. The example analysis of the correct patent claim drafting and its interpretation in court cases on intellectual property was made. Findings. The specific properties of the patent claim were described. They are conciseness, latitude, completeness and certainty, compliance with unity requirements and novelty of the invention. On the basis of the research it is established that there is a great difference between Ukrainian and American patent claims. A number of common mistakes and shortcomings during the claim drafting were identified. The need to restore the various forms of the invention training in universities of Ukraine was emphasized, since on this basis one should train a number of specialists who are able to carry out the commercialization of intellectual property results into productive findings. Originality. A number of issues and techniques was investigated and summarized. They can be applied by the courts in interpreting of the patent claim in the processing of intellectual property cases. Especially it concerns determining the correct drafting of the patent claim. Practical value. This work may be used
Changes in security environment after the end of Cold War and 9/11 have strongly affected our security concepts and paradigms. In the field of counter-terrorism, a serious conceptual and practical debate on the relationship between security and human rights and freedoms has begun. The goal of this paper is to reflect on this complex relationship at the conceptual level and introduce the empirical debate on this relationship in the field of civil aviation (case of introducing body scanners). T...
History and civil rights are intertwined at the Tuskegee Airmen National Historic Site at Moton Field in Tuskegee, Alabama. Moton Field was a training flight facility for African American pilot candidates in the U.S. Army Air Corps during World War II, operating from 1941–45. Through the extant buildings and interpretive exhibits, the National Park Service commemorates the Tuskegee Airmen’s contributions to World War II, recognizing the first African American military aviators and their strug...
Witvliet, Margot I; Stronks, Karien; Kunst, Anton E; Mahapatra, Tanmay; Arah, Onyebuchi A
Responsiveness is a dimension of health system functioning and might be dependent upon contextual factors related to politics. Given this, we performed cross-national comparisons with the aim of investigating: 1) the associations of political factors with patients' reports of health system responsiveness and 2) the extent to which health input and output might explain these associations. World Health Survey data were analyzed for 44 countries (n = 103 541). Main outcomes included, respectively, 8 and 7 responsiveness domains for inpatient and outpatient care. Linear multilevel regressions were used to assess the associations of politics (namely, civil liberties and political rights), socioeconomic development, health system input, and health system output (measured by maternal mortality) with responsiveness domains, adjusted for demographic factors. Political rights showed positive associations with dignity (regression coefficient = 0.086 [standard error = 0.039]), quality (0.092 [0.049]), and support (0.113 [0.048]) for inpatient care and with dignity (0.075 [0.040]), confidentiality (0.089 [0.043]), and quality (0.124 [0.053]) for outpatient care. Positive associations were observed for civil liberties as well. Health system input and output reduced observed associations. Results tentatively suggest that strengthening political rights and, to a certain extent, civil liberties might improve health system responsiveness, in part through their effect on health system input and output. PMID:26002910
Substantive structural elements of the civil legal status of the fund for building financing under the housing capital construction contract are examining. Proposed developments in civil legal safeguards of supervising and procedure and on-site construction supervision function using the escrow account mechanism aims to provide a social value of the civil right of an investor in housing construction under the fund for building financing in Ukraine.
Full Text Available The analysis of approaches to understanding of jural facts is accomplished in the article. The definition of right depriving jural facts in civil law is brought. It’s researched the classical for Roman-Germany legal system reasons for deprivation of right of property and the concrete actions or events that deprive such a right are analyzed. All examined facts of property rights deprivation could be classified and arranged into four basic groups: cessation of the property existance (destruction of property, cessation of the owner existance (death of a natural person, liquidation of the legal entity, transaction on alienation (alienation of the property by the owner, requisition, administrative act (abandonement of the property by the owner, foreclosure on the property for the owner obligations, seizure. Such deprivation of property rights as termination of the right to property, which can not belong to the person, and the compulsory acquisition may occur through jural facts like seizure or administrative act. In the case of requisition termination of right takes place directly at the moment the relevant administrative act comes into force. In other words only destruction of property, death of a natural person or legal entity liquidation can be regarded totally as depriving jural facts. All jural facts of right of property deprivation can be grouped but can not be reduced to basic groups. The law model must determine the circumstances under which the model will lead to the desired legal result, otherwise the legal facts were too extensive and could take place even in undesirable cases. In this context these circumstances are conditions of jural fact o occurence. That is why, for example, "termination of the right to property, which can not belong to the person" is only a general name of right-depriving jural fact or even a specific mechanism of depriving the right itself, and therefore includes in its content as well as the actual jural fact and
@@ According to the spirit of strengthening the protection of human rights in the whole world that promoted by the Charter of the United Nations and Universal Declaration of Human Rights, UN General Assembly Meeting passed two international covenants on human rights in December 1966.
Kossowska, Małgorzata; Trejtowicz, Mariusz; de Lemus, Soledad; Bukowski, Marcin; Van Hiel, Alain; Goodwin, Robin
The present study tested the role of right-wing authoritarianism (RWA), terrorist threat, and sociopolitical 'climate' as predictors of support for governmental anti-terrorism policies and actions. Two dimensions of analysis were defined: the presence versus absence of al-Qaeda attacks, and adherence to surveillance versus anti-surveillance mainstream politics. In order to study the influence of these two contextual dimensions on the expression of attitudes, we selected four European countries that fall into these two dimensions--Poland, Belgium, Spain, and the UK. Results from our study provide support for the contention that attitudes towards restrictions of civil rights are related to RWA independently of the cultural context. Moreover, in the UK sample, we found that the threat of terrorism increases acceptance of limitations of civil liberties, but only among people who hold authoritarian beliefs. However, in Spain, the other country that experienced terrorist attacks, this moderation effect was not found which is interpreted in terms of differences in the sociopolitical climate in both countries. As predicted, we did not find such moderation effect in countries in which threat is relatively low (Poland and Belgium). The results are discussed with reference to the conceptual framework based on the importance of fear experiences, security-focused policies, as well as the specific cultural context in the study of reaction to terrorist threat. PMID:21492144
More than in the past, patients are consulting lawyers to check medical treatment for malpractice. One of 10,000 city-inhabitants institutes proceedings for compensations. In the past, a charge was brought at the same time to achieve examination of patients records and to obtain an expert opinion at government expenses. Due to recent jurisdiction, the patient got the right to examine treatment records without the necessity to specify his reasons. Settlement institutions of the society of physicians of Germany facilitate an examination of a treatment procedure for mistakes without costs. Therefore, there is no more incentive for a charge to achieve compensations. The continuation of civil proceedings may not depend on the result of the investigation proceedings due to the different kind of evidence. The special duties of civil courts working with medical liability and expert opinions seem to show that civil proceedings are suited the best to clarify a dispute between physicians and patients. This also avoids to pillories the physician. PMID:9885177
Examines the law of special educational needs in the United States and England, focusing on local authorities' power to determine provision levels. American courts have closely linked education and equality; constitutional law concentrates on the child's legal rights. The English system does not recognize a right to education or equal access to…
声音权作为一种新出现的人格权类型，已被很多国家确立为一项独立的权利。对声音权进行法律保护，在维护人的自由和尊严方面，具有重要意义，但我国立法尚未确立该项权利。本文首先探讨了声音权的概念和法律特征。其次，从学理角度分析声音权的三大构成要素：主体、客体、内容。最后，提出构建我国声音权保护制度的设想。%Sound right as an emerging type of personality rights, it has been established in many countries as an independent right. Right sound legal protection, in the preservation of human freedom and dignity, it is important, but our legislation has not been established that right. This paper discusses the concept and legal characteristics of the sound right. Secondly, from a theoretical point of view the three sound right to constituent elements:subject, object, content. Finally, the right to build our sound protection system envisaged.
Full Text Available History and civil rights are intertwined at the Tuskegee Airmen National Historic Site at Moton Field in Tuskegee, Alabama. Moton Field was a training flight facility for African American pilot candidates in the U.S. Army Air Corps during World War II, operating from 1941–45. Through the extant buildings and interpretive exhibits, the National Park Service commemorates the Tuskegee Airmen’s contributions to World War II, recognizing the first African American military aviators and their struggle for civil rights during the 1940s. This essay examines the way in which race, personal narratives, historical objects, and sensorial experience (sight, sound, touch, and smell are used at the historic site to suggest the significance of the Tuskegee Airmen. Despite the segregation and racism that they experienced in the U.S. military, the African American pilots and the men and women who worked alongside them believed staunchly in the idea of service to the nation as a means of participating in democracy and gaining full citizenship.
This article seeks to examine and consider- albeit in outline – the nature of an individual’s rights, responsibility and obligation to obey valid law. The fundamental question in this regard lies in the extent to which citizens should be coerced into obedience to unjust laws´ for example; if the law in question deprives them of their human rights. The study therefore, attempts to answer the following questions on the chosen subject: Are there an absolute right, responsibility and obligation t...
Inna Vitalyevna BLAZOMIRSKAYA
The paper considered miscarriage of justice, i.e. an adjudi-cation being wrong judgment in effect containing either denial of defense within the actual (scope of) right(s) or defending the unlisted right for, for instance, while an in-nocent convict or an acquitted criminal. The dominant fea-tures of miscarriage of justice are the following: 1) A mis-carriage of justice appeared at the final adjudication; 2) A miscarriage of justice was presumed; 3) An agent commis-sioned to operate by a spec...
Civil disobedience is often seen as a political statement whilst conscientious objection is understood as a private matter. This article discusses real-life acts of disobedience in the case law of the European Court of Human Rights. The emphasis is on the argumentative strategies by which the potential for profound social change can be neutralised in legal argumentation. The cases discussed here concentrate on Turkey and represent acts of conscientious objection and civil disobedience. The ma...
Full Text Available The ethics of publicity in social sciences may highlight the dark part of parliamentary debates. They do not only aim to explain the stakes of the future law, but can also help, because they make use of the publicity around what is said, to heighten the “unspoken”. Indeed, the analysis of the congregational debates held to adopt the Civil Rights Act of 1964 brings to light the strategy of the southern Senators opposed to a draft law yet introduced by members of their own political party, the Democratic Party. They rely on a range of political, legal or media-centered arguments to show that de jure equality, although enshrined in the amended American Constitution, must not necessarily become de facto equality. In other words, this paper, combining communicative and civilizational perspectives, is trying to highlight how publicity around the debates can also be used to reinforce the secret surrounding individual interests.
Van de Meerendonk, Bas; Scheepers, Peer
In six national samples (a total of 11,863 respondents) of the Dutch population, aged 16 and over, the denial of equal rights (in housing, inheriting, and adoption) for lesbians and gay men decreased from 1980 and 1985, and remained stable between 1985 and 1993. The denial of equal rights for lesbians and gay men was subscribed to more strongly by social categories that have been exposed to traditional socializing agents and socializing circumstances in which traditional norms prevailed:members of denominations, people who frequently attend church, and older cohorts, especially the ones born before 1948, as well as by those who have presumably not dissociated themselves from these traditional norms, i.e., the lower educated. PMID:15271623
Global market participation of corporations often leads to a conflict of duties: the duty to its customers and shareholder to “do business” vs. the duty to protect the populations affected by these business operations. Today, in a reality where gross human rights violations are not only committed by states and individuals but increasingly by multinational corporations (MNCs) by aiding and abetting the actual perpetrators in the states where MNCs operate, the global recession has aggravated th...
Inna Vitalyevna BLAZOMIRSKAYA
Full Text Available The paper considered miscarriage of justice, i.e. an adjudi-cation being wrong judgment in effect containing either denial of defense within the actual (scope of right(s or defending the unlisted right for, for instance, while an in-nocent convict or an acquitted criminal. The dominant fea-tures of miscarriage of justice are the following: 1 A mis-carriage of justice appeared at the final adjudication; 2 A miscarriage of justice was presumed; 3 An agent commis-sioned to operate by a specific ruling would ascertain and eliminate a miscarriage of justice; 4 A specific way of proving a miscarriage of justice; 5 Actual miscarriage of justice has not been subsequent upon the fault / negli-gence having been let / tolerated / omitted by the judge who passed the final adjudication. Eliminating a miscar-riage of justice by the superior court should be one of three steps required for judicial defense. The first step shall be referring to the court and the hearing of the case by the court of first instance with the final disposition of the case that should be mandatory. The second and third steps shall be eliminating a miscarriage of justice and enforcing the court‟s disposition, – should be secured by the State as the effective remedies of judicial defense, and the party con-cerned may involve these when required.
On the framing of issues of conflicting civil rights under administrative law. The available arsenal of legal instruments for solving conflicts between proprietary titles to land surfaces and mines is more extensive and differentiated and, if properly deployed, more effective than one might at first expect. The control mechanisms become effective either immediately through laws or through administrative or private acts and are based on public or on private law. They range from the sphere of mining rights, operation planning law, the law on the prevention of damage to private persons over to the regulations under mining law on the payment of damages. The constitutionality of the mining regulations examined here is beyond dispute. They comply with the constitutional requirement to frame the issue concerned and afford protection while at the same time providing the required measure of openness and flexibility for conforming to the peculiarities of the mining business and permitting the necessary sensitivity of administrative control for managing this multipolar legal relationship. At the statutory level the regulatory purpose of the mining law in force is thus fulfilled. (orig./HSCH)
Gaines, Robert W., II
As the operational center of the Civil Rights Movement, the Black church fostered community, functioned as an educative space, and promoted collaborative efforts among churches. Similarly, the modern Black church has the opportunity to invest in educating, organizing, and mobilizing people within the church and the local community. By investing in…
Hunter, Iris Renell
This research study examines nine African American women educators during the 1960s Civil Rights Movement in South Carolina. Additionally, the study conducts an analogous study of the lifeworks and contributions of Septima Clark, an African American woman educator who made significant community activist contributions during this period. For its…
Mutius, A. von
The author explains the significance of the Muehlheim-Kaerlich order of the Federal Constitutional Court, of Dec. 12 1979, which represents a landmark of the recent developments in the interpretation of civil rights, which tend to put the protection of civil rights on a procedural basis. The author gives a brief account of the developments, as reflected by Federal Constittuional Court decisions, and them goes into detail on the Muelheim-Kaerlich decision, the statement of facts, the grounds of judgment, the dissenting opinion, and the reaction the decision has met with in the relevant literature. The Court's decision is evaluated in terms of law and with a view to current legal practice. It is shown that protection of civil rights by way of and through administrative procedure is kept within reasonable limits. This order of the Court has by no means revolutionized the law of administrative procedure. It rather contributed to a change of attitude, allowing cautions changes to develop towards administrative rules of procedure which more strongly aim at protecting civil rights.
Thompson, Carolyn J.
Thoughts of college student protests during the late 1960's and early 1970's often ignite memories of demonstrations against the Vietnam War. Stories of college student activism during the these years underplay the Civil Rights focus of African American students that preceded and paralleled the more salient Vietnam War protests. Less attention in…
Topsfield Foundation, Pomfret, CT. Study Circles Resource Center.
This set of discussion guides includes units on "Racism and Race Relations"; "Sexual Harassment"; and "Civil Rights for Gays and Lesbians." Each guide presents a brief introduction to the issue and suggestions for ways to discuss both personal attitudes and public policy. Cases, examples, questions, and a range of views serve as starting points…
Lieberman, Lauren; Lucas, Mark; Jones, Jeffery; Humphreys, Dan; Cody, Ann; Vaughn, Bev; Storms, Tommie
"Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part IV--Sport Groups" provides the the following articles: (1) "Sport Programming Offered by Camp Abilities and the United States Association for Blind Athletes" (Lauren Lieberman and Mark…
Pierce, Anne R
Looking at Egypt before, during and after the Arab Spring, this paper examines the intersection of Christian Copts, the Muslim Brotherhood, the Egyptian army, moderate Muslims and secular groups. In turn, it examines the Obama administration's policies toward Egypt. It discloses the surprising finding that the only consistent aspect of the administration's policy toward Egypt has been outreach to and engagement with the Muslim Brotherhood. At no time before or after the Brotherhood's ascent to prominence in Egyptian politics and society did the administration make support of the Brotherhood conditional. At no time did it use US leverage - given the massive amount of financial and military aid Egypt was depending on, and given the new Egyptian government's desire for prestige in the world community-to pressure the Morsi government to respect human rights, religious liberty and the impartial rule of law. Arguing that American foreign policy at its best is rooted in democratic ideals, this paper asks whether the United States, while respecting that Egyptians must choose their leaders and their political system, could have done more to encourage a positive strategic, moral and political outcome. PMID:24415811
Larry Schaefer's history of civility is a succinct summary of the implicit and evolving definitions of civility over 2500 years of civilization. Beginning with the Romans and the root word "civitas," meaning the rights and duties of citizenship, civility appears in classical literature as integral to the roots of democracy in the context…
As an important human right, the environmental right is manifested in several human rights conventions. It can be found not only in the treaties on civil and political rights, but also in treaties on economic, social and cultural rights. Some civil and political rights prescribed in the international conventions are potentially relevant to the environmental right, which includes right to life, freedom of families and their properties from intervention, right to fair trial, freedom of information. The existence of these fights reveals the indivisible connection between human rights and environment. The realization of human rights relies on proper environment. Good environment can tacilitate the full realization of human rights.%环境权作为一项重要的人权散见于一系列人权公约当中。它分散在与公民权利和政治权利有关的人权公约中，也存在于同经社文权利相关的公约中。在与公民权利和政治权利相关的公约所规定的一些权利中，潜含着环境权或者环境保护的内容。这些权利包括生命权、家庭和财产不受干预权、公正审判权和信息自由权。这些权利的存在，揭示了人权与环境密不可分的联系；人权的实现必须依赖于适当的环境，良好的环境能够让人权得以更加充分地实现。
Cabrera, Nolan L.
HR-4437 passed the Congress in December of 2005, and among its provisions would make felons out of undocumented immigrants. Subsequently, there has been a flurry of federal and local attempts to increase immigration enforcement under the guise that they are leeching resources from more “deserving” Americans. The following is a conversation with UCLA Professors Patricia Gándara and Gary Orfield regarding how the Civil Rights Project (CRP) is looking to focus immigration and education as pres...
Svanhildur Ýr Sigþórsdóttir 1985
The focus of this thesis is to see whether the Courts, judging under the Hague Convention on the Civil Aspects of International Child Abduction, take the Convention on the Rights of the Child into consideration, when deciding upon the return of the child to his or her habitual residence. The Convention on the Rights of the Child has the child’s best interests as a priority. States Parties to the Convention are to take measures, combating the illicit transfer and the non-return of children...
Full Text Available In the present study the regulation of the carrier of the civil servants is considered, especially the stability and continuity – essential elements at the European Union level. Unfortunately, in the Romanian legislation, as well as in the institutional case law, it remains a purely declarative issue. The study is based on a series of recent court decisions. We criticized the abusive use of the expeditious ordinances and the instruments of legislative regulation. This is considered as an abusive practice of the law maker and shows a legislative inability related to the regulation of the public office, especially by not observing the conditions in which a person could be relieved of his office. The conclusion of the study leads to the necessity for the law maker to revise the statute of the civil servant, especially by eliminating the fluctuation determined by the succession of the governing political forces.
In the present study the regulation of the carrier of the civil servants is considered, especially the stability and continuity – essential elements at the European Union level. Unfortunately, in the Romanian legislation, as well as in the institutional case law, it remains a purely declarative issue. The study is based on a series of recent court decisions. We criticized the abusive use of the expeditious ordinances and the instruments of legislative regulation. This is considered as an abus...
This article provides an overview of different types of rights to aid consideration of, and debate about, children and young people's rights in the context of paediatrics and child health. It demonstrates how children's rights may or may not differ from adult rights and the implications for practice. It shows that applying a children's rights framework can be more helpful in pursuing a public child health agenda than in reducing ethical or legal conflicts when interacting with child patients ...
Europe has undergone a “Right turn” in politics over the last three decades, as evidenced by the continued success of radical right parties in Western European countries. Early studies of Western European radical right parties examined country level sociostructural factors for explaining variation in electoral support of radical right parties, but studies left unanswered if the same aggregate level factors are sufficient for explaining different levels of support that radical right parties se...
Lynch, B. J.; Driver, S.
If our scientific community wants to make real progress on the climate change and environmental crisis we must be willing to side with and fight for the oppressed. The national and international communities most ready to act - those hit hardest by the real impact of climate change in their day-to-day lives - need the political leadership of and a living, organic connection with scientists who are prepared to tell the truth and act on the truth of our science. A new generation of scientist-activist leaders and this strategic and mutually beneficial alliance with the oppressed will be necessary to wage an international, intransigent fight to enact and implement the social, political, and economic policies needed to mitigate the damage already done and prevent future environmental and human catastrophe. In the statement BAMN distributed to last year's Fall AGU conference we said, "there will be no shortage of mass struggle in the next period of history." This spring we saw the absolutely awe-inspiring social upheavals in North Africa and the Middle East in the form of waves of mass demonstrations in country after country. Many of those struggles, with demands for real democracy, for jobs and economic opportunities, for improved living conditions, continue to this day. In virtually every instance, these popular and progressive social movements have been led by youth: middle school, high school and college students. In the US and Europe we have seen the spread of student-led struggle around the defense of K-12 public education and on college campuses in defense of various programs, opportunities, and the character of the educational experience. The most dynamic force in these struggles has been the Latina/o, black, other underrepresented minority and immigrant youth who refuse to accept permanent second-class citizenship and a future devoid of hope and opportunity. We will discuss our experience as a youth-led civil rights organization presenting the issues of climate
The specialized literature defines civil action as being: “the legal means used by a person in order to ask the court to recognize its right or to fulfil this right, by ending the obstacles put by another person or through an adequate compensation Irrespective of its definition method, civil action is considered a central institution around which the entire activity of the court of law and of the parties gravitates. Next, we will discuss the requirements for exercising civil action: expressio...
Márcia Regina Pitta Lopes Aquino
Full Text Available The purpose of this study is to analyze the right of action in the Brazilian Civil Suit according to the Federal Constitution. This research highlights the crisis that the State, the Law and the Juridical Science have gone through go mainly after World War II. Proceduralism and substantialism are addressed in regard to their fundamental aspects as well as the existent dilemma between juridical positivism and jusnaturalism. Based on the theories that encompass the “third way”, this work attempts to show the importance of certain procedures for realizing values of constitutional principles that permeate the whole juridical order. It is concluded that the process is not only an instrument but also a dimension of law itself. The right of action as expressed in art. 5, Chapter XXXV of the Federal Constitution is eminently procedural and should be undertood as a right to process.O estudo objetiva a análise do direito de ação no processo civil brasileiro a partir da Constituição Federal. Aponta a crise por que passam Estado, Direito e Ciência Jurídica ,especialmente após a Segunda Guerra Mundial. Procedimentalismo e substancialismo, bem como jusnaturalismo e positivismo jurídico são apresentados em seus pontos fundamentais. Com fundamento em teorias que compõem uma “terceira via”, busca demonstrar a importância dos procedimentos na realização dos valores consubstanciados em princípios constitucionais que se irradiam por todo o ordenamento jurídico. Conclui que o processo não é apenas um instrumento, mas uma dimensão do direito. O direito de ação expresso no artigo 5º , XXXV da Constituição Federal é eminentemente processual e deve ser entendido como direito ao processo.
Augusto Caccia-Bava Junior
Full Text Available Este ensaio parte do reconhecimento de uma conjuntura de crise institucional, para analisar o contexto da formação dos direitos civis dos jovens e suas fragilidades ,com vista a alcançar, por meio dessa reflexão, uma exposição dos aspectos da insegurança urbana presentes na sociedade brasileira. Palavras-chave: Crise institucional. Direitos civis dos jovens. Insegurança urbana. This essay starts with the recognition of a particular political institutional crisis as a base to analyze the development of the youth civil wrights and their gaps in order to reach an exposition of the characteristics of urban insecurity that takes place in Brazilian society. Keywords: Institutional crisis; Youth civil wrigths; Urban insecurity.
我国民法上的发现权制度源于前苏联的科技成果权中的发现权制度，《民法通则》将其纳入知识产权体系是立法错位的遗留问题。发现权在性质上不是知识产权，我国司法实务对发现权的定性实为科学领域的荣誉权。建议以《人格权法》起草为契机，将发现权改造为一种科学领域的荣誉权，纳入人格权体系，对发现的判断标准、发现人的确认、发现权的内容和适用范围作出明确规定。%The rule of discovery right in civil law of China has its origin in the rule of discovery right in the right of scientific and technological achievement system established by the former Soviet Union .It is an unsolved mistake of legislation that the General Principles of Civil Law treats it as an intellectual prop -erty right.Discovery right is not an intellectual property right in nature .The legal practice in China re-gards discovery right as the right of honor in the field of science .It is suggested that the drafting work of Personality Right Law provide an opportunity to transform the discovery right into the right of honor in the field of science , and consolidate it into the system of personality right , and provide a clear regulation in terms of criteria of judging a discovery , determining the discoverer , and the contents and scope of appli-cation of discovery right .
Background/Context: Legal scholars have cited the Fifth Circuit's ruling in Dixon v. Alabama State Board of Education (1961) as the beginning of a revolution for students' rights that ended the in loco parentis relationship between colleges and their students. But little has been written about the students' activism that led to this…
Shipman, B.; Smart, C.C.
In this paper we map briefly some of the arguments around the meaning and significance of the introduction of Civil Partnership in England and Wales, and in this way show how contested these meanings are. We then turn to our empirical data to explore the extent to which these arguments and issues are part of the everyday decision making processes of same sex couples who have decided to register their partnerships or to undergo a commitment ceremony of some kind. In doing this, we were inter...
Kevin Curran; Steven McIntyre; Hugo Meenan; Francis McCloy; Ciaran Heaney
Civil Liberties - the term used for the fundamental liberties and rights of a countries citizen is the right of free speech, thought and action. This is the fundamental building block of a democratic society. This research essay outlines the current measures western governments are taking to ensure our safety and the associated costs to civil and human rights.
Full Text Available Russian police reform is another important step to modernize the country and public administration system. The main purpose of ongoing reforms is to create the modern and efficient law enforcement system, to form a new image of police officer in the XXI century and to change the social role of law enforcement agencies in society. Unfortunately, the results expected by society aren’t achieved. It’s stated that the reform is only at its beginning, many decisions are still to be made and implemented. The main focus is on comprehensive measures aimed at improving the police activities in ensuring the constitutional rights and freedoms of man and citizen and interaction with civil society institutions. Some features and problems of interaction between police and civil society institutions are considered. Statistics is provided. A number of constructive conclusions concerning further progressive development of interaction of police with civil society institutions are made. Despite the significant number of papers devoted to these issues, it’s necessary to note the insufficient elaboration of problems in this area. The reason is the ongoing reforms in Russia in general and police reform in particular, the instability of the current legislation regulating these issues. A lack of a clear concept of the reform, arising from a clear understanding of the police role and functions, is evident. These and other circumstances determine the topicality and practical importance of the research, the necessity of studying the peculiarities of police activities to improve its efficiency. They also indicate the need for scientific and practical recommendations.
The cultural histories of Blacks in the United States and in Southern Africa are parallel in the following ways: (1) the roles of Blacks in the labor force and in politics; (2) the careers of leaders like King, Mandela, and Tutu; (3) organized struggle for rights; and (4) the rise of a Black consciousness. (VM)
The discussion about the law governing the energy sector is of topical interest at present because there have been a number of draft amendments at the national level for a reform of the laws during the past years as well as the approval of a draft for a European Directive for harmonising national regulations in pursuit of a single Market for electricity. The present paper first deals with the development of the basic energy laws up to the present. Then the author examines the constitutionality of the national bills and the compatibility of the draft for the European Directive with the European basic right of freedom to choose a profession, which he previously derives from general legal regulations. He comes to the conclusion that none of the bills presented so far fully comply with the requirements implicit in the basic rights. (orig./HP)
Full Text Available Civil disobedience is often seen as a political statement whilst conscientious objection is understood as a private matter. This article discusses real-life acts of disobedience in the case law of the European Court of Human Rights. The emphasis is on the argumentative strategies by which the potential for profound social change can be neutralised in legal argumentation. The cases discussed here concentrate on Turkey and represent acts of conscientious objection and civil disobedience. The main finding is that in legal argumentation there are two strategies for neutralising the potential for change: first, labelling the disobedient act as a private matter in order to deprive it of its political message, or second, labelling the act as violent, undemocratic behaviour so that it can be disregarded. The article shows that the law is unable, and perhaps unwilling, to fully acknowledge the political claims of disobedience. A menudo se percibe la desobediencia civil como una declaración política, mientras que la objeción de conciencia se entiende como un asunto privado. Este artículo analiza actos de desobediencia de la vida real a través de la jurisprudencia del Tribunal Europeo de Derechos Humanos. Se enfatizan las estrategias argumentativas por las que se puede neutralizar el potencial de cambio social profundo a través de la argumentación jurídica. Los casos analizados aquí se centran en Turquía y representan actos de objeción de conciencia y desobediencia civil. La conclusión principal es que en la argumentación jurídica existen dos estrategias para neutralizar el potencial de cambio: en primer lugar, etiquetar el acto de desobediencia como un asunto privado, para privarlo de su mensaje político, en segundo lugar, etiquetar el acto como un comportamiento violento y no democrático, para que pueda ser ignorado. El artículo demuestra que el derecho es incapaz de, y tal vez reticente a, reconocer totalmente las reivindicaciones pol
Full Text Available El artículo asume una perspectiva de género y de hibridación de disciplinas que alienta la confrontación del derecho privado y del derecho público, para dar cuenta del avance desigual de la ciudadanía en Chile y Argentina, en la década de 1920. En ambos países hubo leyes de ampliación del estatuto jurídico de las mujeres, derivadas de procesos legislativos impulsados tanto por partidos políticos como por movimientos sociales. En ambos casos las reformas fueron expresión de un proceso de cambio social más amplio, de sostenida combatividad del movimiento obrero y de creciente participación de las mujeres en el mercado de trabajo, tanto de las obreras como, más incipientemente, de las profesionales de clase media. En este marco, la reforma civil fue limitada y se hizo simultáneamente con el avance de los derechos sociales y en nombre de una mujer ideal: la madre y la esposa. Congruentemente, se mantuvo el principio de autoridad del varón en el seno de la familia y la exclusión de las mujeres respecto del sufragio.This article offers a perspective of hybridization of disciplines and a gender perspective that thrusts a cross-check of private law and public law to explain the irregular advance of citizenship in Chile and Argentina in the 1920's. In both countries there were laws that extended women's civil status. These laws were part of a legislative process carried out by political parties and social movements. In both cases the reforms expressed a broader process of social change, of rising confrontation of the working class movement and increasing participation of women in the labour market, both working class women and middle class professionals. In this context, the reform was limited and it was carried out simultaneously with the advance of social rights and in the name of an ideal woman: the mother and the wife. Congruently, the principle of authority of the man within family relations and the exclusion of women concerning
Our Constitution to the protection of the family means not only prohibits the State from the family to the implementation of direct infringement, but also requires the State to enact laws to implement the constitutional protection of the family. ＂Marriage Law＂ as the Basic Law to adjust the domestic relationship, the system on the family right to build and perfect has a direct impact on the realization of family right for every citizen. China should draw lessons from the international community diversification of family forms and the concept that children~ interests to maximize, correct gaps in the existing law, Perfect the family support sys- tem, realize the family pension and social security~ complement each other; Expand the connotation of the family, give cohabiting couples equal family rights protection; estabilish artificial reproductive standard, clear the legal status of the artificial reproductive children;perfect the family violence prevention legislation, let family realize the balance and harmony between the private law and public rights autonomy.%宪法对家庭的保护意味着既禁止国家对其实施直接侵害,又要求国家颁布法律以落实宪法精神。《婚姻法》作为规范家庭成员权利义务关系的基本法,其关于家庭的制度构建及完善直接影响着公民家庭权益的实现。我国应借鉴国际社会家庭形式多元化与子女利益最大化之理念,弥补传统法的缺陷,完善家庭扶养制度,实现家庭养老与社会保障的互为补充;拓展家庭的法律内涵,赋予同居伴侣平等的家庭权益保护;健全人工生殖规范,明确人工生殖子女的法律地位;完善家庭暴力的防治立法,让家庭和谐在私法自治与公权干预的最佳平衡间实现。
民事抗诉制度可能影响申诉人或被申诉人的权益,但并非对私权的不当干预。对申诉人或被申诉人权益的影响,可以通过平衡民事抗诉中公权与私权的关系,既要依法适当行使民事抗诉权,追求维护司法公正的价值目标,又要注重维护当事人的权利,努力寻求二者之间的最佳平衡点,实现二者的和谐统一。%Civil protest system may influence the rights and interests of complainants or defendants,but it is not an undue interference to private rights.The influence on the rights and interests of complainants or defendants can be studied through balancing the relationship between public and private rights in civil protest.We should not only exercise the right of civil protest according to the law properly and pursue the value targets of safeguarding judicial justice,but also focus on protecting the rights of the litigants,try to find the best balance between them,and realize their harmony and unity.
Full Text Available The article tries to address the concept of civil society from varied perspectives. From a historical point of view, civil society demands not only the absent domination of state but also liberates individuals from the hegemony of state. The article shows that in Indonesia and Malaysian discourse, masyarakat madani is often used to represent the term of civil society. Using this conception, major values of civil society also share with basic ideas within the Medina Treaty in the history of Islam. These ideas include egalitarianism, human rights protection, participation, law and justice enforcement and pluralism. In this frame, the question on whether or not Islam is compatible with the concept of civil society is clearly answered. Muslims could benefit such a concept to build their awareness of being progressive and adaptive to social changes.
@@ At a time when misunderstand-ings between cultures run rampant, when walls of fear, prejudice and hatred divide the members of the human family, it is urgent to intensify the dialogue between civilizations. Under the new leadership of its Director General lrina Bokova, the United Nations Educational, Scientific and Cultural Organization (UNESCO) declared 2010 as the "Year for the Rapprochement of Cultures." In this context, the concerted reflections and actions of Europe and China can be highly meaningful.
Tax revenue indicates the fundamental relationship between citizens and the nation.The rights of citizens as taxpayers epitomize the state power and civil rights in the field of taxation.From the perspective of the civil rights to examine individual income tax reform in China will give full play to citizens′ orderly participation in government management of public affairs.Thus,citizens and the government will communicate effectively,and the citizens will enjoy their rights.%税收是反映公民与国家根本关系的领域,公民作为纳税人的权利就是国家权力和公民权利在税收领域的一个缩影。从公民权利的视角来审视我国个人所得税改革,有助于充分发挥公民有序参与政府管理公共事物的积极性,从而形成公民与政府间的有效沟通,使得公民权利从法律文本走向现实。
@@ EDITOR'S NOTE: The Ministry of Civil Affairs is a most important Chinese Government organ charged with administering social development and management. The scope of its authority covers social refief, disaster refief, social welfare, charity affairs, development of grassroots democracy and administration over non-governmental organization. Following is a transcript of an interview given by Vice-Minister Dou Yupei of Civil affairs on some aspects of ministry's work.
Ivey, Laurie C
Discusses issues faced by LGBT people, such as a lack of equal civil rights and the need for extra legal and financial protection for families because partners cannot be married. The author notes that, in our society, it is no longer acceptable to be racist, but it is still okay to be homophobic. The many campaigns against gay marriage and efforts in the legislature to prevent change toward equal civil rights and protections are prime examples. In our current political climate, two things are very clear: (a) homophobia is freely tolerated and (b) the times are changing as we inch closer to equal rights every day. We are "righting wrongs and reforming rights." PMID:24684150
Aspects of civil law of importance for the psychiatrist as expert witness are those dealing with disability pensions accident insurance, compensation in civil law and rights of the seriously disabled. The legal basis of each is briefly outlined, and some guidelines given for psychiatric court reports. Some outstanding theoretical and practical problems are mentioned. PMID:1579170
The book contains an up-to-date survey of Danish civil procedure after the profound Danish procedural reforms in 2007. It deals with questions concerning competence and function of Danish courts, commencement and preparation of civil cases, questions of evidence and burden of proof, international...... procedural questions, including relations to the Brussels I Regulation and Denmark's participation in this Regulation via a parallel convention with the EU countries, impact on Danish civil procedure of the convention on human rights, preparation and pronouncement of judgment and verdict, questions of appeal...... scientific activities conducted by the author, partly based on the author's experience as a member, through a number of years, of the Danish Standing Committee on Procedural Law (Retsplejeraadet), which on a continuous basis evaluates the need for civil procedural reforms in Denmark, and finally also based...
As the enforcement of the constitution, criminal Law directly inherited the basic spirit of the constitution. Evolution on value, spirit and concept of the constitution will have a direct impact on the transmutation of the value, spirit and concept of criminal law. The transmutation can be reflected from country rights criminal law to the civil rights criminal law. Regulations about human rights protection and non - public economy in the constitution promote the evolution of country rights criminal law to the civil rights criminal law.%刑法作为宪法的实施法，直接传承着宪法中所蕴涵的基础精神。宪法的价值、精神、理念的嬗变会直接影响到刑法价值、精神及理念的嬗变，这种嬗变可体现为国权刑法向民权刑法的嬗变。宪法关于人权保障的规范和关于非公有制经济的规范直接推动国权刑法向民权刑法的嬗变。
... 34 Education 2 2010-07-01 2010-07-01 false Civil action. 303.424 Section 303.424 Education... Civil action. Any party aggrieved by the findings and decision regarding an administrative complaint has the right to bring a civil action in State or Federal court under section 639(a)(1) of the...
... 34 Education 2 2010-07-01 2010-07-01 false Civil action. 300.516 Section 300.516 Education... DISABILITIES Procedural Safeguards Due Process Procedures for Parents and Children § 300.516 Civil action. (a... aggrieved by the findings and decision under § 300.514(b), has the right to bring a civil action...
Hugh Collins argues that the European Union should develop a civil code to provide uniform rules for contracts, property rights and protection against civil wrongs, thus drawing together the differing national traditions with respect to the detailed regulation of civil society. The benefits of such a code would lie not so much in facilitating cross border trade, but in establishing foundations for a denser network of transnational relations of civil society, which in turn would help to overco...
Full Text Available Resumen: La crisis económica de Argentina en años recientes derivó en la pérdida de legitimidad de las instituciones políticas del país. La medida de suspensión de las libertades y garantías de derechos individuales provocó una desobediencia civil generalizada que llevó a miles de personas a manifestar pacíficamente su repudio al gobierno de Fernando de la Rúa. Este gesto ciudadano espontáneo, desorganizado y voluntario sirvió, entre otras cosas, para formar una autodeterminación primaria directa de la voluntad popular y una autocomprensión del carácter democrático de la sociedad civil. La justificación de la desobediencia se basaba en una cuestión de derechos. Todos los manifestantes afirmaban que tenían derecho a desobedecer porque la desobediencia, en ciertas circunstancias, era un derecho humano. ¿Pero puede ser la desobediencia civil, en un Estado de derecho, un auténtico derecho? ¿En qué circunstancias, en el contexto legal y fuera de los derechos habituales de resistencia como huelga, manifestación, etcétera, se puede desobedecer una norma legal? Abstract: The recent economic crisis in Argentina led to the loss of identity of the country’s political institutions. The measure of the suspension of freedom and of the guarantee of individual rights provoked a generalized civil disobedience which led thousands of people to peacefully demonstrate their repudiation of Fernando de la Rúa’s government. This spontaneous, unorganized and voluntary action by the citizens served, among other things, to form a direct primary self-determination of the will of the people and a self-understanding of the democratic character of civil society. The justification of the disobedience was based on a question of rights. All the demonstrators asserted that they had the right to disobey because disobedience, in certain circumstances, was a human right. However, can civil disobedience, in a constitutional state, be an authentic right
Petersen, Lars Axel
In this paper I will go through a catalogue of examples of contexts in which the term civil identity is currently used, ranging from the formal and technical process of linking a set of administrative and other events to an individual biological person by means of identity cards, fingerprints, iris...... of Israel to Luce Irigaray's Feminist agenda of elaborating gender specific civil identities. My intention is to investigate whether these different employments of 'civil identity' point towards a common, and fairly well defined object field asking questions of contemporary relevance to the...
China issues a white paper on its human rights,highlighting freedom of speech on the Interne The Chinese Government released a white paper on its human rights in 2009 on September 26,highlighting the role of Internet freedom and the country’s efforts in safeguarding citizens’legitimate civil and political rights.
The theory of “civilizing processes” was developed by Norbert Elias in the 1930s to describe and explain the generation of higher standards of various forms of conduct in the context of unplanned but structured changes in state formation and lengthening chains of social interdependencies (Elias 2000). The idea of civilized conduct may seem a strange companion to popular understandings of consumer culture, when the latter phrase is often associated with hedonism, individualism and excess. But ...
It is often claimed, but rarely in further detail, that IP rights create tensions under competition law and thus merit special considerations. While little can be held against the first, the latter is significantly less evidential if it involves a restrictive, or no application, as strong arguments...
隐私权是公民的基本人格权利。计算机信息网络技术的发展使得网络空间的信息隐私权受到严峻挑战。信息隐私权具有不同于普通隐私权的属性并极易受到侵害,国外形成了不同的保护模式,我国应参考不同的立法例并根据我国国情提出适当的信息隐私权保护模式。%Privacy is the basic personal rights.The development of the internet technology has brought serious challenges to the protection of the right of private information on the Internet.The right of information privacy is different from the traditional right of privacy and can be easily offended.The foreign countries have formed the protection modes which we should refer to,thus we should put forward an appropriate mode according to China＇s actual conditions.
Eliminating mental disability as a legal criterion in deprivation of liberty cases: The impact of the Convention on the Rights of Persons With Disabilities on the insanity defense, civil commitment, and competency law.
A number of laws that are associated with deprivations of liberty, including the insanity defense, civil commitment, guardianship of the person and numerous competency doctrines in the criminal context, require proof of mental disability as a predicate. The Convention on the Rights of Persons With Disabilities commands signatory states to eliminate that predicate. Summarizing principles set out in my book Minding Justice: Laws That Deprive People With Mental Disability of Life and Liberty, I explain how this seemingly radical stance can be implemented. Specifically, this article proposes adoption of an "integrationist defense" in the criminal context, an "undeterrability requirement" when the state seeks preventive detention outside of the criminal process, and a "basic rationality and self-regard test" for incompetency determinations. None of these proposals requires proof of a mental disorder as a predicate condition. PMID:25960445
The importance of preventing nuclear terrorism is so great that it is easy to believe that the usual concern with civil liberties must take a back seat. But it is precisely when emergencies are invoked that the authors must not forget the importance of freedoms. Emergency powers are easily abused, and, even in the absence of abuse, mistakes can be made. It is hard to understand why they care about civil liberties if every suspect is guilty, every wiretap is necessary, and every search is justified. But sometimes suspects are innocent, wiretaps are used for political ends, and searches disrupt lives to no end. Civil liberties do not exist in a vacuum. If society is destroyed, civil liberties are likely to be destroyed as well. Virtually every legal doctrine this study addresses involves a recognition that individual rights must be balanced against valid social needs. The civil liberties focus on here fall under the general headings of freedom of speech and association, privacy, due process rights for suspects, and freedom from unreasonable searches and seizures. One essential point applied to all these areas: although a counterterrorist activity is legal, that does not mean the activity has no impact on civil liberties. It may be legal, for example, to have a massive federal police force that provides hundreds of guards for every shipment of plutonium. Even so, that procedure still raises civil liberties concerns, since many Americans would feel less free in a society of that type
The discussion about the law governing the energy sector is of topical interest at present because there have been a number of draft amendments at the national level for a reform of the laws during the past years as well as the approval of a draft for a European Directive for harmonising national regulations in pursuit of a single Market for electricity. The present paper first deals with the development of the basic energy laws up to the present. Then the author examines the constitutionality of the national bills and the compatibility of the draft for the European Directive with the European basic right of freedom to choose a profession, which he previously derives from general legal regulations. He comes to the conclusion that none of the bills presented so far fully comply with the requirements implicit in the basic rights. (orig./HP)
Rita Yi Man Li
Having a glance at the historical sites such as Bing Ma Yung, Great Wall, Forbidden City, watching movies of history about China, flipping pages of stories about ancient China, we can never deny that China was once the most powerful nations. Nevertheless, by the time we are soaking ourselves in these fairy tales, industrial revolutions in countries miles away awoke us: we are no longer the most affluence countries. Well developed private property rights and legal system has provided a superb ...
Based on the definition of moderated/minor shareholders and a study on the rights they share and the possibility of their rights being injured, an analysis is made of the imperfectness of reliefs in civil litigations when the rights of moderate/minor shareholders are injured. It proposes that reliefs for moderate/minor shareholder's rights be constructed in civil litigations.%通过对中小股东的定义、中小股东享有的权益及权益受到侵害的可能性进行探 讨，分析我国对中小股东权益遭受侵害时民事诉讼救济措施不完善的表现，提出构建保护中小股东权益的民事诉讼救济措施的设想。
Rita Yi Man Li
Full Text Available Having a glance at the historical sites such as Bing Ma Yung, Great Wall, Forbidden City, watching movies of history about China, flipping pages of stories about ancient China, we can never deny that China was once the most powerful nations. Nevertheless, by the time we are soaking ourselves in these fairy tales, industrial revolutions in countries miles away awoke us: we are no longer the most affluence countries. Well developed private property rights and legal system has provided a superb environment for inventors. Industrial revolutions in UK have broken the dreams of many Chinese.
Mine and land ownership in operation planning procedures. On the framing of issues of conflicting civil rights under administrative law; Bergwerkseigentum und Grundeigentum im Betriebsverfahren. Zur verwaltungsrechtlichen Gestaltung vernetzter Grundrechtspositionen
Schmidt-Assmann, E.; Schoch, F.
On the framing of issues of conflicting civil rights under administrative law. The available arsenal of legal instruments for solving conflicts between proprietary titles to land surfaces and mines is more extensive and differentiated and, if properly deployed, more effective than one might at first expect. The control mechanisms become effective either immediately through laws or through administrative or private acts and are based on public or on private law. They range from the sphere of mining rights, operation planning law, the law on the prevention of damage to private persons over to the regulations under mining law on the payment of damages. The constitutionality of the mining regulations examined here is beyond dispute. They comply with the constitutional requirement to frame the issue concerned and afford protection while at the same time providing the required measure of openness and flexibility for conforming to the peculiarities of the mining business and permitting the necessary sensitivity of administrative control for managing this multipolar legal relationship. At the statutory level the regulatory purpose of the mining law in force is thus fulfilled. (orig./HSCH) [Deutsch] Das Arsenal an gesetzlichen Instrumenten zur Loesung der zwischen Bergwerkseigentum und Oberflaecheneigentum auftretender Konflikte ist reichhaltiger, differenzierter und - bei richtigem Einsatz - wirkungsvoller als zunaechst vermutet. Die Steuerungsmechanismen wirken gesetzesunmittelbar oder kraft behoerdlicher bzw. privater Massnahmen, sie bedienen sich oeffentlichrechtlicher und privatrechtlicher Mittel, und sie reichen sachlich vom Berechtsamswesen ueber das Betriebsplanrecht bis hin zum Recht der privaten Schadenspraevention und enden im bergrechtlichen Schadenersatzrecht. Beruecksichtigt man diesen breiten Hintergrund, sollte kein Zweifel an der Verfassungsmaessigkeit der hier untersuchten berggesetzlichen Vorschriften bestehen. Sie genuegen einerseits dem
If electricity rate payment boycotters withhold parts of the payment due for electric energy supplied, this refusal to pay rates will give the electric utility the right to use its right of lien according to sect. 33 para. 2 of the General Terms and Conditions governing the supply with electricity, gas, district heat and water. This is also applicable if, in the individual case, it is a matter of only small amounts.
Teresa Cristina de Novaes Marques
Full Text Available A historiografia sobre transformações culturais associa modificações no modelo de família a mudanças econômicas de ordem estrutural, tal como industrialização e crescimento da população urbana. A sociedade brasileira mudou radicalmente da segunda metade do século XIX aos anos 1950. Ainda assim, foi preciso um processo de decisão amadurecido no Congresso para ajustar o país legal ao país real. Este artigo examina um aspecto dessa separação: o poder que os maridos detinham como tutores de suas esposas. Em termos metodológicos, são examinados os debates parlamentares sobre direitos de mulheres casadas em dois momentos históricos: nos anos 1930 e 1950.The branch of historiography that studies cultural changes relates modifications to family models and structural economical changes, such as industrialization and growth of urban life. Brazilian society, for instance, changed radically between the second half of the 19th Century and the 1950s. Even so, adjustments between legality and reality took a long time to mature in the Parliament. This article examines one aspect of such discrepancies between legal and real world: the tutorial power of husbands over their wives. In methodological terms, the article analyzes parliamentarian debates on women's civil rights in two moments of the history of Brazilian political institutions: in the1930s and in the 1950s. It examines which forces interacted to make institutional changes concerning women in Brazil along this period a viable option.
The idea of charter schools arose as a means to allow for innovation by creating schools that were free from traditional regulations, but were held accountable for their performance. More recently, however, charter school advocates have suggested that increasing school choice options will create competition that improves the quality of education…
... found at 15 CFR part 8; (2) 42 U.S.C. 3123 (proscribing discrimination on the basis of sex in Investment... Local Public Works Program), and the Department's implementing regulations found at 15 CFR 8.7 through 8... discrimination on the basis of disabilities), and the Department's implementing regulations found at 15 CFR...
... Equal Employment Opportunity Program (EEOP), if required to maintain one under 28 CFR 42.301, et seq... will: (1) Require that every applicant required to formulate an EEOP in accordance with 28 CFR 42.201...,000 or more submit a copy of its EEOP (if required to maintain one under 28 CFR 42.301, et seq.)...
This paper analyses the historical aspects of the nuclear right development. It makes the evolution of the fundamental principles of nuclear right, in special, the civil responsibility for nuclear damages. (author)
Full Text Available This article tends to deal with one of the most worrying issues in the judicial system of Kosovo the problem of judicial civil procedure dragging out. The article analyses the reasons of these dragging outs of the judicial civil procedure focusing on the context of one of the basic procedural principles in civil procedure-the principle of economy or efficiency in the courts. Dragging out of civil procedure in Kosovo has put in question not only the basic principles of civil procedure, but it also challenges the general principles related to human rights and freedoms sanctioned not only by the highest legal act of the country, but also with international treaties. The article tends to give a reflection to the most important reasons that effect and influence in these dragging outs of civil procedure, as well as, at the same time aims to give the necessary alternatives to pass through them by identifying dilemmas within the judicial practice. As a result, the motives of this scientific paper are exactly focused at the same time on identifying the dilemmas, as well as presenting ideas, to overstep them, including the judicial practice of the European Court of Human Rights on Article 6 of the European Convention on Human Rights, by which it is given the possibility to offering people efficient and within a reasonable time legal protection of their rights before national courts. For these reasons, the paper elaborates this issue based on both, the legal theory and judicial practice.
Dr. Inderjit Singh
Full Text Available Human Rights are as old as the history of human civilization. The Indian history proves that human rights were as much manifest in the ancient Hindu and Islamic civilizations as in the European Christian civilizations. Human rights in the modern sense have taken shape in India during the freedom struggle which ultimately resulted in the embodiment of human rights in the Indian Constitution. The present paper examines the origin and development of human rights in Indian since ancient times to present days.
Claudia ANDRITOI; Florentina LUPSA
Between the right to defence and assistance and the civil rights a close connection has been identified. Sometimes the realisation and protection of these rights, such as the right to life, to personal dignity, to private life etc., in general are impossible without the right to defence and legal assistance. First, the right to legal assistance allows the individual to comprehend the powers conferred to him by this right. Second, the right to legal assistance allows the protection and enforce...
Kolp, Felicity Ann
The international human rights system formally recognizes two principal categories of rights: civil and political (CP) rights and economic, social, and cultural (ESC) rights. While these are in theory equal and indivisible, CP rights have been heavily prioritized in reality. This project seeks to address this imbalance, focusing on ESC rights realization. Conceiving of ESC rights as a path between CP rights and development helps anchor the concept and offers a constructive perspective on h...
Kamyshanskiy V. P.; Veter N. Y.
The article is devoted to one of the most disputable categories of jurisprudence – abuse of rights. Modern civil legislation contains many of the assessment law. Interpretation and specification of evaluative concepts is a challenging intellectual process. Abuse of right is a consequence of the process of interpretation of appraisal standards. The law does not allow the exercise of civil rights with the intent to harm another person, as well as abuse of rights in any form, including in the fo...
Kamyshanskiy V. P.; Didenko A. A.; Marchenko K. S.
The article discusses the concept of energy efficiency as an object of civil rights. It examines the characteristic features of the object of civil legal relations. On the basis of the current sources of the civil law we have analyzed the sources of civil law regulation of energy saving
ANCA NICOLETA GHEORGHE; CAMELIA SPASICI
The right of withdrawal (of a contract) belongs to the consumer, and is an essential means for the improvement of regulations that protect the consumer.. Right of withdrawal is not a recent creation and is not even specific to the consumer field. He was previously recognized in civil and commercial law (without special regulation). The right to withdraw may even have as ground the parties will. Thus, based on the contractual freedom, the parties may agree that one of them has the right to ter...
Carlos Villán Durán
Full Text Available The international codification of the human right to peace was brought to the United Nations by civil society organizations. The draft declaration submitted to the States has a holistic nature, is very rooted in the international human rights law, and considers peace as the absence of all forms of violence (Santiago Declaration on the Human Right to Peace of 10 December 2010. A working group appointed by the UN Human Rights Council should achieve a new and consensual text to bridge the existing gap between developed and developing States in this field, the former being more supportive of the thesis maintained by civil society.
Carlos Villán Durán
The international codification of the human right to peace was brought to the United Nations by civil society organizations. The draft declaration submitted to the States has a holistic nature, is very rooted in the international human rights law, and considers peace as the absence of all forms of violence (Santiago Declaration on the Human Right to Peace of 10 December 2010). A working group appointed by the UN Human Rights Council should achieve a new and consensual text to bridge the exist...
The right of appeal consists in the essential civil rights of the citizens promulgated in the constitution. The essence of the private rights of citizens against the administration of public power. This article through to the relevant laws and regulations of civil appeal right and academic achievements of research, the article defines the concept the right of appeal, and compares with the administrative reconsideration system and the petition system, and expounds the legal position of administrative complaint system. The author also combines the reality of our country, and puts forward suggestions on the protection of citizens’ right of appeal.
Htun, Yee Yee
This paper presents as a qualitative research to describe and to analyze the role of civil society in democratizing development in a study of Burma. The contextualization approach for understanding my study is the concepts of civil society, democratization and development. The research explores the empirical phenomenon of the challenges of civil society organizations in Burma/Myanmar under the control of the authoritarian regime and how much civil society actors could work for civil rights an...
The person’s civil ability, having as constitutive elements the capacity to have rights and obligations and the legal competence, assigns the juridical capacity specific to the civil law. While the civil capacity to have rights and obligations represents the general and abstract aptitude of a person to have rights and obligations and it is gained at birth date and sometimes even since the conception, the legal competence is granted in considering the discernment gradually formed and it suppos...
Update on Law-Related Education, 1997
Presents a glossary of civil law terms originally compiled for journalists by the American Bar Association. Defines many essential civil law concepts and practices including compensatory damages, jurisdiction, motion to dismiss, discovery, and remedy. (MJP)
The work is the comprehensive study of the legal regulation of limited real rights in civil law. Now there is a purely symbolic division between the right of economic conducting or the right of operative management, expedience in this article, excluding the right of economic management in the list of restricted real rights, as envisaged in the draft of the Civil Code of the Russian Federation The article identifies trends and prospects of development of the legislation governing property righ...
Henriksen, Lars Skov
Kapitlet giver en oversigt over de vigtigste teoretiske forståelser af begrebet om det civile samfund. Desuden giver kapitlet en empirisk oversigt over foreninger og organisationer i det danske civilsamfund samt befolkningens civile engagement.......Kapitlet giver en oversigt over de vigtigste teoretiske forståelser af begrebet om det civile samfund. Desuden giver kapitlet en empirisk oversigt over foreninger og organisationer i det danske civilsamfund samt befolkningens civile engagement....
Full Text Available In the absence of mechanisms to protect the populationof the OPT, and the reluctance or impotence of the‘international community’, global civil society activists andhuman rights campaigners – working with Palestinianand Israeli actors – have stepped into the breach.
In 2000, Vermont established "civil unions" meant for same-sex couples. This form of marriage relied on the existence of a local gay and lesbian community, while contributing to the development of "gay and lesbian tourism" and pushing certain churches to revisit their treatment of same-sex couples. Gay and lesbian rights and rural communities are not mutually exclusive.
This article considers the possible inclusion of a right to cultural identity in a UK Bill of Rights, highlighting the centrality of culture to debates about the accommodation of diversity in the UK as well as the increased recognition of the importance of cultural rights under international human rights law. The article argues that the inclusion of a minimal minority rights guarantee based on Article 27 of the International Covenant on Civil and Political Rights 1966 would be an innocuous s...
Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part II--What Parents Should Know and Do to Ensure Extracurricular Interscholastic Sport Opportunities for Their Children with Disabilities
The rights of all students to participate in extracurricular programs are required by current law but are often nonexistent, misunderstood, or even sometimes purposely not shared with parents. This article is addressed to parents regarding the rights of their children with disabilities to participate in extracurricular sport activities. Included…
Selberg, Hanne; Madsen, Trine Stougaard
Right patient, Right Blood Simulation based training in blood transfusion practice in nursing education Background: In spite of strict checking procedures to handling transfusion of blood severe adverse reactions are likely to happen and the major cause of morbidity occurs to be liable to human...
... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Waiver of hearing, reduction... Civil money penalties: Waiver of hearing, reduction of penalty amount. (a) Waiver of a hearing. The... the civil money penalty. (b) Reduction of penalty amount. (1) If the facility waives its right to...
The study aims an analysis of the property right law system in the civil law of the Russian Federation. Presenting the construction of the right to property the author take into consideration both the economical and legal perspective.
An illustration of how important the relationship is between civil society anbd governance. A short historic journey with four snapshots of times and situations that have provided interesting evidence about the connection between civil society and governance. My goal for the short historic journey...... is to make clear and hopefully even verify that providing knowledge about the impact of civil society and citizens’ participation on governance is one of the most urgent research tasks in the current period of time....
Kuhta, Milan; Brunčič, Ana
Among all crises, which have struck Slovenian construction industry, the crisis of civil engineering terminology is perhaps less noticeable, but still as important as all the others. The lack of fundamental characteristics of proper terminology causes a reasonable doubt whether Slovenian civil engineering terminology actually exists. After three editions of Splošni tehniški slovar (A General Technical Dictionary), a preparation of the new civil engineering dictionary represents one step towar...
The paper provides a brief historical overview of the concept of civil society and the relevance of different meanings to the notion of 'voice' as it relates to poor people. It outlines civil society actors that might be helpful in clarifying different forms of accountability. And in the last section, it draws some conclusions and policy recommendations about the accountability of different types of civil society groups.
Buhl, Kenneth Øhlenschlæger
This article is concerned with the legal challenges of regulating civil wars in international humanitarian law. Civil war is not a term used in international law; it falls however, withing the context of the legal term 'armed conflicts not of an international character', although the shorter 'non......-international armed conflict' is used here. Civil wars are usually limited to the territory of a state. Considering that international law is generally concerned with the legal relations between states – being a legal system based on the system of states with states as its subjects – the main question is how civil...... wars as internal conflicts have become subject to international humanitarian law....
Veter N. Y.
The article is devoted to one of the most disputable categories of jurisprudence – to abuse by the right. The law does not allow the exercise of property rights with the intent to harm another person, as well as abuse of rights in any form, including in the form of circumvention of the law. The author considers the already known issues with the application of the principle of the inadmissibility of abuse of the right, as well as the new ones in connection with the amendments to the Civil code...
The thesis investigates various perceptions of civil society among civic activists in Turkey, and how these perceptions are produced and shaped. The thesis is an anthropological contribution to studies of civil society in general, as well as to studies on political culture in Turkey....
This project incorporates technology and a historical emphasis on science drawn from ancient civilizations to promote a greater understanding of conceptual science. In the Apps for Ancient Civilizations project, students investigate an ancient culture to discover how people might have used science and math smartphone apps to make their lives…
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...
... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Rights of parties. 185.118 Section 185.118 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS PROGRAM FRAUD CIVIL REMEDIES § 185.118 Rights of parties. Except as otherwise limited by this part, all parties...
... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Right to administrative offset. 185.144 Section 185.144 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS PROGRAM FRAUD CIVIL REMEDIES § 185.144 Right to administrative offset. The amount of any penalty or...
... rights of all people as the ``foundation of freedom, justice, and peace in the world.'' As we mark the... values they represent are universal. This week, we rededicate ourselves to fortifying civil rights in..., 2012, as Human Rights Week. I call upon the people of the United States to mark these observances...
Galang, Roberto Martin; Castello, Itziar
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...... literature. First, contrary to what is commonly argued, we claim that strong states in Asia promote civil regulation in what we call the “paradox of the weak state”. Second, we not only argue that civil regulation is mainly enforced by multinational enterprises willing to promote international social 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...
This article focuses on a politics arena that has been articulated through the impact of ideals of sexual rights on Brazilian sexual politics, namely the affirmation of "LGBT rights". These rights have been constructed both through attempts to extend civil and social rights to the LGBT population that were previously restricted to heterosexuals, and by the enactment of provisions directly banning homophobic discrimination and violence. The focus will be on some of the principal social actors ...
Judicialização da política e Sistema Interamericano de Direitos Humanos: uma investigação empírica da atuação das organizações da sociedade civil / Judicialization of Politics and Inter-American Human Rights system
Carolina Alves Vestena
ção destes mecanismos de controle social pela sociedade civil organizada. Palavras-chave: Sistema Interamericano de Direitos Humanos, Judicialização da Política, Pesquisa Empírica, Organizações não governamentais. Abstract This article brings analysis on the third stage of the research lead by the group Human Rights, Judiciary and Society – DHPJS (in portuguese – about the justice system and the performance of its agents in Rio de Janeiro. Its focus is set on the usage of international human rights laws by national courts. During previous stages, judges (both of district and circuit courts were interviewed and asked about the usage of such norms in their decision-making process and about their education on the theme. This time, attention is brought to those recurring to the system, especially when organized collectively in civil associations. Our hypothesis sustains that judicial courts have been looked for as locations for disputes, both in an internal perspective (which may be proved by many theoretical outlooks as in an international one. The phenomenon identified in the national arena can be interpreted in the context of regional protection system for Human Rights: the Inter-American Court and Commission may be developing into a “para-judicial” stage in the concretization of those rights. This second hypothesis may be spoken of theoretically and proven empirically so as to check if civil organizations are used to turning their social struggles into cases before the mentioned system. The empirical research lead by the group supplies data for reflections on the hypothesis aside from showing threads to pursue. The group talked to 36 NGOs registered on ABONG – Brazilian Association of Non-Governmental Organizations –who aim at Human Rights protection so as to gather information on their articulation with both the national justice system and the regional one. The article presents possible connections between judicialization of politics and the regional
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 ones 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.
Although the Universal Declaration of Human Rights of 1948 cited social welfare rights without distinguishing them from civil and political rights, the separation has been widely accepted by judges, scholars and politicians. Historically, the classification of human rights into two groups, with the relegation of socio-economic rights into a lower category of human rights, emerged and developed mainly after the 1950s during the Cold War and ultimately led to the adoption of two separate UN Cov...
... ARMY, DEPARTMENT OF DEFENSE REAL ESTATE ACTIVITIES OF THE CORPS OF ENGINEERS IN CONNECTION WITH CIVIL WORKS PROJECTS Temporary Use by Others of Civil Works Real Estate § 211.8 Limitations on rights...
US Consumer Product Safety Commission — When CPSC is involved in a civil or criminal investigations into violations of the Consumer Products Safety Act the Commission publishes final determinations and...
Jørgensen, Martin Bak
The paper takes a transnational perspective on developing an analytical framework for understanding how transnationalism interacts with civil society and how immigrant organisations use transnational strategies to challenge the pre-given positions of immigrants within given integration- and...
... race, gender, religion, nationality, sexual orientation, or circumstance. From the freedom to associate or criticize to the protection from violence or unlawful detention, these inherent civil rights are a... the two hundred and thirty-fifth. (Presidential Sig.) [FR Doc. 2010-31566 Filed 12-13-10; 11:15...
In the column last month our regular contributor Dr Arthur McInnis took our first look at Hong Kong's Civil Justice Reform Interim Report and Consultative Paper. Those reforms as noted and if enacted, would bring the most far-reaching changes to civil - including construction -litigation in more than 100 years. This month, in the second of the two-part series, we look at the key concepts underlying and the details in the specific proposals.
The role of energy is indeed very important since without it there will be no living-things in this world. A country's ability to cultivate energy determines the levels of her civilization and wealth. Sufficient energy supply is needed for economic growth, industrialization, and modernization. In a modern civilization, the prosperity and security of a country depends more on the capability of her people rather than the wealth of her natural resources. Energy supplies the wealth, prosperity and security, and sufficient reliable continuous supply of energy secures the sustainable development. The energy supply to sustain the development has to improve the quality of life covering also the quality of environment to support the ever increasing demand of human race civilization. Energy has a closer relationship with civilization in a modern society and will have to become even closer in the future more civilized and more modern society. The utilization of nuclear energy has, however, some problems and challenges, e.g. misleading information and understanding which need serious efforts for public information, public relation, and public acceptance, and possible deviation of nuclear materials for non-peaceful uses which needs serious efforts for technological and administrative barriers, precaution, prevention, safety, physical protection, safeguard, and transparency. These require cooperation among nuclear community. The cooperation should be more pronounced by heterogeneous growing Asian countries to reach harmony for mutual benefits toward better civilization. (J.P.N.)
Le Bris, David
Law and finance theory emphasizes the negative consequences of civil law on financial and, subsequently, economic development. Before the Revolution, French territory was strictly divided according to the legal regime. Since the Middle-Ages, the southern part of France was under Justinian civil law and the north was under customary laws which, as with common law, gave more flexibility to judges and less right to the state. This dichotomy offers the unique opportunity to test the law and finan...
... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Reemployment rights. 7.2 Section 7.2 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE RULES GENERAL PROVISIONS (RULE VII) § 7.2 Reemployment rights. OPM, whenever it determines it to be necessary, shall prescribe regulations governing...
Full Text Available The II Annual Symposium of the journal Herald of Civil Procedure ‘2015: The Civil Procedure 2.0: Reform and Current State’ took place on October 9, 2015, at the Faculty of Law of Kazan (Volga region Federal University.The Symposium is now an established tradition for the University. In 2015 it brought together in Kazan eminent scholars of civil procedure from cities across the whole of Russia: Moscow, St. Petersburg, Saratov, Ekaterinburg, Omsk, Samara, Nizhnekamsk and others. This large-scale event attracted the attention not only of Russian scholars, but also of legal scholars from abroad: Elisabetta Silvestri (Professor, University of Pavia, Italy, William B. Simons (Professor, University of Tartu, Estonia, Jaroslav Turlukovsky (Professor, Warsaw University, Poland, Stuart H. Schultz (Practising Attorney, USA, Irina Izarova (Associate Professor, Taras Shevchenko National University of Kyiv, Ukraine.The opening ceremony of the Symposium began with greetings to all participants and best wishes for productive discussions. Participants were welcomed with remarks by Marat Khairullin, Deputy Chair of the Supreme Court of the Republic of Tatarstan, Radik Ilyasov, Head of the Federal Bailiff Service of the Republic of Tatarstan, and Ildar Tarkhanov, Academic Supervisor at the Faculty of Law. They expressed their appreciation for the great value of the journal Herald of Civil Procedure in the growth of the science of civil procedure and enforcement procedure, and for its contributions to the development of the judicial system of the Russian Federation.In addition to hearing prepared reports and discussing viewpoints on current issues of civil and arbitration procedure, participants attended presentations by representatives from procedural law periodicals in the frame of the Symposium. The Editor-in-Chief of Herald of Civil Procedure, Damir Valeev, and the Commercial Director of the Statut Publishing House (Moscow, Kirill Samoilov, presented new
Renan Barros dos Reis
Full Text Available It is objective and descriptive study about the main forecasts of the New Code of Civil Procedure on the Public Defender Office, as well as their influences and consequences in the work of the Public Defender in the civil lawsuit. Starting from the analysis of the Public Defender Office as essential to justice institution with the task of promoting the rights of the needy, the study is to discuss the importance of the institution as a subject standalone process, its function as a special curator, as well as systematize the prerogatives and responsibilities of Public Defender in the New Code of Civil Procedure
The new regulation in civil matter, represented by Law no. 287/2009 regarding the Civil Code, whose date to entry in force has not been established yet, reconfigures quasi-totally the acceptance inheritance institution. In this paper we will analyze the acceptance of the inheritance issue under all its aspects, as a valence of the successional option right, in the light of the new Civil Code dispositions. We will thus be able to reveal the novelties brought by the new regulation and to apprec...
Kuiper, T B; Morris, M
We have argued that planning for a search for extraterrestrial intelligence should involve a minimum number of assumptions. In view of the feasibility (at our present level of understanding) of using nuclear fusion to effect interstellar travel at a speed of 0.1c, it appears unwarranted (at this time) to assume that it would not occur for at least some technologically advanced civilizations. One cannot even conclude that humans would not attempt this within the next few centuries. On the contrary, the most likely future situation, given the maintenance of technological growth and the absence of extraterrestrial interference, is that our civilization will explore and colonize our galactic neighborhood. A comparison of the time scales of galactic evolution and interstellar travel leads to the conclusion that the galaxy is either essentially empty with respect to technological civilizations or extensively colonized. In the former instance, a SETI would be unproductive. In the latter, a SETI could be fruitful if a signal has been deliberately directed at the earth or at an alien outpost, probe, or communication relay station in our solar system. In the former case, an existing antenna would probably be sufficient to detect the signal. In the latter case, success would depend on the way in which the communications were coded. Failure to detect a signal could permit any of the following conclusions: (i) the galaxy is devoid of technological civilizations, advanced beyond our own, (ii) such civilizations exist, but cannot (for some reason which is presently beyond our ken) engage in interstellar colonization, or (iii) such civilizations are not attempting overt contact with terrestrial civilizations and their intercommunications, if present, are not coded in a simple way. To plan at this time for a high-cost, large-array SETI based on the last two possibilities appears to be rather premature. PMID:17760037
In the French Civil Code, the parental authority regarding the minor’s person is defined as a set of rights and obligations whose exercise and fulfilment concerns the minor’s interest (art. 371-1 par. 1 of the French Civil Code). As far as the minor’s person is concerned, parents have the duty of protecting it, the duty of supporting it, the duty and right of educating it as well as the right to establish the child’s place of living, the right to agree to the child’s marriage, the right to ag...
the organization strategizes about and seeks to articulate amongst Tanzanian youth. Situated in the ‘perverse confluence’ (Dagnino, 2011) between neoliberal and radical democratic agendas in the communicative practices of civil society-driven media platforms, Femina navigates between identities as an NGO, a social...... movement and a media initiative. In the context of the growing literature on social networking sites and their affordances, dynamics and structures, the case of Femina illustrates how a civil society sphericule emerges within the dynamic co-evolution of new and old media platforms. The study is furthermore...... an example of the difficult shift in civil society practice, from service provision to an agenda of public service monitoring, social accountability and community engagement....
ANCA NICOLETA GHEORGHE
Full Text Available The right of withdrawal (of a contract belongs to the consumer, and is an essential means for the improvement of regulations that protect the consumer.. Right of withdrawal is not a recent creation and is not even specific to the consumer field. He was previously recognized in civil and commercial law (without special regulation. The right to withdraw may even have as ground the parties will. Thus, based on the contractual freedom, the parties may agree that one of them has the right to terminate the contract unilaterally The possibility of unilateral denunciation of the contract, gives the consumer, added protection by being able to reflect the decision and to check how the trader fulfil its obligations. In this context, through its effects, the right of denunciation, forces the professional parties to conduct themselves as fair as possible to the consumer and to execute the contract properly. In the study of the consumer protection, the time of conclusion is essential because in this stage is manifested, the inequality between the consumer and professional. Thus, the lack of information, the major of products and activities, commercial practices, influence the formation of consumer will, preventing the expression of a freely and knowingly consent.
Last month a high-level Working Party on Civil Justice Reform in Hong Kong released a widely anticipated Interim Report and Consultative Paper. The reforms, if enacted, would bring the most far-reaching changes to civil - including construction - litigation in the territory in more than 100 years. This month, in the first of a two-part series, our regular contributor Dr Arthur McInnis, looks at the context for the reforms and the reasons underlying them while next month the recommendations th...
Kuiper, T. B. H.; Morris, M.
Three interrelated assumptions are critically examined in an attempt to outline a productive strategy for a search for extraterrestrial intelligence. Questions concerning the feasibility of interstellar travel are investigated. It is concluded that the probability of interstellar travel is high enough that, given a modest number of advanced civilizations, at least one of them will engage in interstellar voyages and colonize the galaxy. Assuming, however, that technological civilizations are rare the galaxy would be essentially unpopulated. Attention is given to the present lack of contact with extraterrestrial beings and frequencies for interstellar beacons.
Nina V. Volodina
In the article the legal "hiyat" are considered in the civil process within the Islamic right. A ban in the Islamic right defines validity of transactions, establishing their borders under certain conditions. The main ban thus is the ban of "rib". It is noted that financial instruments and schemes in the Muslim states keeping the operating Islamic right are constructed on" hiyat".
@@ China has devoted great efforts to improving judicial protection of human rights in the past 30 years.It has ratified the International Covenant on Economic,Social and Cultural Rights,signed but yet to ratify the International Covenant on Civil and Political Rights and become a state party to the Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment.In March 2004,the 10th National People's Congress adopted at its second plenary session the amendments to the Constitution,writing "the state respects and protects human rights" into the Constitution,declaring that China will use legal means to protect and safeguard human rights.
EXPLORATION ON PERFORMANCE AND CAUSES OF EDUCATIONAL PROGRESS OF AFRICAN-AMERICAN IN WORLD WAR II---LEAVING ASIDE THE DISCUSSION OF THE POSTWAR BLACK CIVIL RIGHTS MOVEMENT%二战后美国黑人教育进步的表现及原因探析--撇开战后黑人民权运动的讨论
Education is particularly important for enlightening wisdom and heritage of national culture of a nation, but as a "second-class citizens", the African-American’ right to receive education was denied when they came to the American continent. The African Americans not only struggle for freedom, but also for the right to receive education at all times. The blacks’right to receive education after World War II has been continuously improved and achieved great progress. The progress in educational advancement is due to the post-war turbulent black civil rights movement and more importantly, the main reason is due to the enhancement of the political and economic status of African Americans;In addition, Postwar America needs high-quality labor of African Americans; Postwar U.S. domestic and international situation have also played a significant role in promoting the educational progress of African Americans;certainly the progress also benefits from the support of liberal American politicians.%教育对于启迪一个民族的智慧和传承民族文化尤为重要，而作为“二等公民”的美国黑人接受教育的权力在其来到美洲大陆，就被剥夺。美国黑人在争取自由的同时，也在无时不刻的争取接受教育的权利。二战后黑人受教育权利不断得到改善，进步明显。这些进步不仅是战后风起云涌的黑人民权运动所致，更主要的是美国黑人自身政治经济地位的提升；战后对于高素质黑人劳动力的需要；同时战后美国国内和国际形势对于黑人教育进步也起到了很大的促进作用；当然也得益于开明美国政治人物的支持。
Discusses opposing tendencies in the interpretation of Western Civilization. Describes the expanded definition that includes Byzantine and Islamic cultures as heirs of the Greco-Roman cultures. Suggests that a limited definition of Western culture will facilitate a problems approach, emphasize diversity among cultures, and integrate the classical…
An analysis is made of the civil liability for nuclear damage since there is a need to adjust the existing rules to the new situations created. The conventions that set up the new disciplining rules not considered in the common law for the liability of nuclear damage are also mentioned. (A.L.)
Leppert, Ella C.; Halac, Dennis
The instructional materials in this teaching guide for Course II, Unit IV, follow and build upon a previous sequential course described in SO 003 169 offering ninth grade students a study on the development of Western European Civilization. Focus is upon four periods of high development: The High Middle Ages (12th Century), The Renaissance (15th…
The open-ended activities in this book are designed to extend the imagination and creativity of students and encourage students to examine their feelings and values about historic eras. Civilizations addressed include ancient Egypt, Greece, Rome, Mayan, Stonehenge, and Mesopotamia. The activities focus upon the cognitive and affective pupil…
Schlene, Vickie J.
Provides a sampling of citations in the ERIC database on children's rights. Includes human rights education, United Nations' conventions, state takeovers of local school districts, and federal law as it affects student rights. Covers child abuse, corporal punishment, child welfare, and child advocacy. (DK)
@@ Human rights of women are an inalienable, integral and indivisible part of universal human rights, as well as a major reflection of social civilization and social harmony. Human society is a whole consisting of men and women. The world will inevitably be a disharmonious one if women, who make up half of the total population, cannot enjoy equal human rights.
... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Expiration of reemployment rights. 352.206 Section 352.206 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS....206 Expiration of reemployment rights. Reemployment rights granted under a Letter of Authority...
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.
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
The annual Global Civil Society Yearbooks provide an indispensable guide to global civil society or civic participation and action around the world. This year, the Yearbook will focus on communicative power and democracy, investigating different forms of democracy promotion and communication with a view to understanding the relationship between communication, democracy and media. The Global Civil Society Yearbook remains the standard work on all aspects of contemporary global civil society fo...
@@ Beijing - A farewell party for the CCTV (China Central Television) crew 'Road to Civilizations-Global Exploration Tour of World Major Civilizations' - the world's first TV series documenting the journey of exploring the 12 civilizations in the human world, was sponsored by Fujian Septwolves Industry Co., Ltd and held at the Beijing Landmark hotel on 16 January.
...) entitled ``Civil Penalties'' which proposed the adjustment of certain civil penalties for inflation. 74 FR.... See 62 FR 37115 (July 10, 1997) (NHTSA's civil penalty policy under the Small Business Regulatory... April 11, 2000 (65 FR 19477, 19477-78). FOR FURTHER INFORMATION CONTACT: Jessica Lang, Office of...
...,000. 75 FR 5246. Also on February 10, 2010, NHTSA last adjusted the maximum civil penalty for a... civil penalty policy when determining the appropriate civil penalty amount. See 62 FR 37115 (July 10... Act was published on February 4, 1997. 62 FR 5167. At that time, we codified the penalties...
... $6,000. 71 FR 28279. At the same time, the agency adjusted the maximum civil penalty for a single... to $16,650,000. 75 FR 5246. Also on February 10, 2010, NHTSA last adjusted the maximum civil penalty... policy when determining the appropriate civil penalty amount. See 62 FR 37115 (July 10, 1997)...
Silvia Lucia Cristea
Full Text Available This study starts from the analysis of the juridical regime of the mortgage that “migrates” from the sphere of the real rights towards the juridical regime of the receivables’ rights! The article contains an analysis of the legal regime of the mortgage according to changes made by the new Romanian Civil Code. This idea is supported by legislative arguments deriving from regulations of the pledge in the new Romanian Civil Code (sect. 2, of the mortgage (sect. 3, from the comparison with other similar juridical institutions (sect. 3. The conclusions explain how useful is to change the juridical regime of the real guarantees and the international dimension of trade. The study is one of the latest presentations doctrinal matter, with special insight into mortgage securities, legal institution whole new for the Romanian Civil Code. Despite the fact all the observations are theoretical, novelty approach makes reading not only addresses their academics, and practitioners: judges, lawyers, notaries.
Cavaiola, Alan A; Dolan, David
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. PMID:25832824
<正>In the distribution of modem world civilizations,the Oriental civilization and Western civilization are the two major civilization systems.Western civilization is often represented by the Christian civilization in Europe and North America on both sides across the North Atlantic.Oriental civilization appears more diversified,among which the Chinese civilization,India civilization and Islamic civilization are the most influential
Kuiper, T. B. H.
Evolutionary arguments are presented in favor of the existence of civilization on a galactic scale. Patterns of physical, chemical, biological, social and cultural evolution leading to increasing levels of complexity are pointed out and explained thermodynamically in terms of the maximization of free energy dissipation in the environment of the organized system. The possibility of the evolution of a global and then a galactic human civilization is considered, and probabilities that the galaxy is presently in its colonization state and that life could have evolved to its present state on earth are discussed. Fermi's paradox of the absence of extraterrestrials in light of the probability of their existence is noted, and a variety of possible explanations is indicated. Finally, it is argued that although mankind may be the first occurrence of intelligence in the galaxy, it is unjustified to presume that this is so.
Construction work on the civil engineering contract started at Point 5 in August 1998. The new surface buildings and underground structures are necessary to accommodate the CMS detector for the LHC Project. The principal underground works consist of two new shafts, two parallel caverns separated by a supporting pillar, and a number of small connection tunnels and service galleries. A dispute resolution procedure has been included in the contract, whereby a Panel of Adjudicators may be called upon to make a decision in the case of a difference or dispute between the parties. The aim of this paper is to present CERN's first experience of civil engineering Adjudication arising from problems encountered with the ground freezing technique employed to allow construction of two new shafts.
The new Civil Code introduces several important changes and clarifications regarding the ownership right in general, including in the matter of the ways of acquiring private ownership. Among the ways of acquiring the private ownership right, the accession gets in the new Civil Code a legal regulation which is much more precise and better systematized, especially in relation to the artificial immovable accession, the legislator thus responding to practical needs, as they have been raised in th...
This paper examines the protection of labour rights in the context of civil and political rights documents and explores the compatibility of closed shop arrangements with human rights law. It contributes to the relevant debates in two ways. First, it seeks to examine how the “integrated approach” to interpretation, a method increasingly preferred by the European Court of Human Rights when examining work-related complaints, affects the regulation of closed shops. Second, it attempts to resolve...
Abstract The main target for the present research is creation of the comprehensive research on jurisdiction in civil cases. In the result of the present research is proposed the new definition for legal term ‘jurisdiction’, undefined in the present Latvian legal science, as the proposals of the amendments to legal terms ‘pakļautība’ and ‘piekritība’, related to jurisdiction and specific for Latvian law. The author also has made the broad research on the principle of right to a fair trial a...
The paper looks at the trends in nominal and real salaries of the Federal Government employees over the period 1990-2006. It examines the structural defects in the existing salary structure and the anomalies in the allowances structure to show that appropriate remuneration for the civil servants requires serious and urgent consideration. The widening gap in the emoluments of government employees versus the public sector corporations and private sector employees has a strong bearing on the mot...
Ecological civilization, which refers to the harmonious development of man and the nature, has the connotation of the ecological material civilization, ecological consciousness civilization, ecological institutional civilization and ecological behavior civilization. The research on ecological civilization evaluation index system is important in that it can provide the guidance for the construction of ecological civilization, and besides it can improve public recognition of the importance of ecological civil...
基于对市民社会在历史和逻辑上的非同步性认识，马克思和黑格尔提出了不同的市民社会观。由于深刻认识了英国式市民社会的双重性，黑格尔的市民社会观表现为这样的逻辑：特权-同权-扬弃同权的特权。而在《黑格尔法哲学批判》中，受市民社会的传统政治内涵和费尔巴哈的影响，马克思在批判黑格尔的过程中建构起以人本学为框架、以人民主权为内容的特权市民社会观，即马克思只是从政治特权层面上批判了黑格尔逻辑中的第一环，而没有完全驳倒黑格尔。这是与他此时缺乏古典经济学知识直接相关的。这种理论缺失虽然使马克思无意中陷入了资产阶级法权意识形态，但其对市民社会的关注却成为他转向一般唯物主义、开启历史唯物主义探索之路的重要契机。%As people”s understandings of civil society are asynchronous historically and logically,Marx and Hegel came up with different views of civil society.As Hegel had an in-depth understanding of the double meaning of Eng-lish civil society deeply,his concept of civil society represents such a logic:privilege-coequality-privilege subla-ting coequality.In Critique of Hegel”s Philosophy of Right (1843),influenced by the traditional political privilege of civil society as well as Feuerbach's philosophical methodology,Marx proposed the view of privileged civil society with humanism as the framework and people”s sovereignty as his content in criticizing Hegel,which means that Marx only criticized the first link of Hegel”s logic from the perspective of political privilege, so he had not refuted Hegel completely,which is directly attributable to his lack of classical economics knowledge at that time.Although his lack of classical economics knowledge plunged Marx into bourgeoisie ideology of right,his attention on modern civil society proved a turning point that marked his turn to realism and
Full Text Available Contextually, the issue of globalization is a socio-political phenomenon. The issue of women's rights is also a socio-political issue. Howbeit, legal implications predicated on them remove them from mere social concerns to the issues of law. Law has its root in culture. This work advocated therefore, caution in the application of globalization euphoria to the issue of women's rights, as their protection is far beyond legal and globalization cosmetics, but entrenched in the application of a more holistic approach. It encouraged an enhancement of women's civil, political and social rights of citizenship, and engagement in transnational solidarity to promote women's human rights across the globe.
The Property Right and Its Application in Economic Law which originated from Pro. Cheng Naixin, had broken with the sanctity of traditional Property Law, and developed a domain theory. The traditional Property Law is a narrow sense about ＂corporeal property law＂, not including the fructus inside the body, which is the right of labor ability. But the right of labor ability is the first level of human rights, and the core meaning of property law under economic law, which is the foundation of existence and development of human beings. The theory about inner propery is on the basic of morden Property Law, which is a kind of development and breakout of tradition Property Law. The inner prperty law under economic law is the basic right which economic law confirms and protects, and has an extensive application prospect in scientific study and practice. This is beneficial to our huge labor market by arousing the enthusiasm of billions of people making money and improving the ability of making money. And in the end, it is beneficial to promote the rapid and sound development of national eccnomy, and gradually building a harmonious society.%陈乃新先生首创的“经济法之内物权理论”打破了传统民法物权的神圣性，提出了全面而独到的理论——传统物权法理论只有外物权的狭义物权，对作为人为孳息的“存在于人体之内”的劳动力权没有界定，而劳动力权是第一人权，是经济法内物权，是人得以存在和发展的基础。内物权理论是基于法权理论之上的现代物权理论。是对传统物权理论的深化与突破。经济法之内物权是经济法所需确认和保护的最基本的权利，在经济法领域和实践过程中具有广阔的应用前景，这有利于开发我国庞大的人力资源，有利于调动亿万劳动人民创造财富的积极性和提高创造财富的能力，有利于促进国民经济的快速、健康发展，逐步构建和谐社会。
Argues that, as a matter of constitutional law, public school boards of education do not possess unrestricted authority to exclude material from the curriculum on the basis of ideological content, and explores the rights of students and parents to challenge such exclusions. Available from Harvard Civil Rights-Civil Liberties Law Review, Harvard…
Economic, social and cultural right (“social right”) have historically been viewed as distinct in natyre and scope from civil and political right. Rather than being viewed as judicially enforceable rights of immeadiate application, such rights have widely been considered non-justiciable programmatic goals to be archieved progressively within available resources, through political processes. The purpose of this paper is to provide the legal and analytical tools to understand why this dichotomy...
Full Text Available This article examines the role and significance of the fundamental right of access to justice in the EU (Article 47 CFREU in the context of the fragmentation of EU law, as evidenced in the area of civil procedure law. As member states’ procedural regimes are considerably divergent, EU institutions intervene, more and more often, to ensure EU law is effectively enforced in an equivalent manner across the EU. This work thus addresses a preliminary question: when should EU institutions provide civil procedure rules that promote effective dispute resolution and enforcement of EU law? In other words, which are the policy parameters that render such a proactive stance on the part of the EU institutions both desirable and feasible? EU institutions will have to answer this question for every legislative proposal in the area of civil justice. Therefore, this article only offers the broad lines along which such in concreto justification for legislative action in civil justice will have to take place. It is argued that EU institutions should take into account the various cultural, economic, social, and historical implications of civil procedure law in order to achieve a coherent approach. Against this background, the fundamental right to effective remedy and fair trial should tie all policy parameters together.
Resumen: La crisis económica de Argentina en años recientes derivó en la pérdida de legitimidad de las instituciones políticas del país. La medida de suspensión de las libertades y garantías de derechos individuales provocó una desobediencia civil generalizada que llevó a miles de personas a manifestar pacíficamente su repudio al gobierno de Fernando de la Rúa. Este gesto ciudadano espontáneo, desorganizado y voluntario sirvió, entre otras cosas, para formar una autodeterminación primaria di...
... responsibilities of that position under 29 CFR part 1614, including the authority: (A) To make changes in programs... basis of sex in USDA education programs and activities funded by the Department. (iv) Actions to enforce... mission area outreach programs. (iii) Coordinate the dissemination/communication of all...
... authority: (i) To perform the functions and responsibilities of that position under 29 CFR part 1614... basis of sex in USDA education programs and activities funded by the Department. (iv) Actions to enforce... mission area outreach programs. (iii) Coordinate the dissemination/communication of all...
... made applicable by section 299(A) of the Juvenile Justice and Delinquency Prevention Act of 1974, as... Act of 1975; (f) The Department of Justice NonDiscrimination regulations, 28 CFR part 42, subparts C, D, E, and G; (g) The Department of Justice regulations on disability discrimination, 28 CFR parts...
Minow, Martha Louise
Should a private religious university lose its tax exempt status if it bans interracial dating? Should a religious school be able fire a pregnant married teacher because her continued work would violate the church's view that mothers of young children should not work outside the home? Should a religious social service agency, such as Catholic Charities, be exempt from a state regulation banning discrimination in the delivery of social services on the basis of sexual orientation? Should religi...
Minow, Martha Louise
Should a private, religious university lose its tax-exempt status because it bans interracial dating? Should a religious school fire a pregnant married teacher on religious grounds despite the ban against gender discrimination in employment? Should a religious social service agency be exempt from a state regulation banning discrimination in the delivery of social services on the basis of sexual orientation? This Article argues that courts and legislatures have granted and refused exemptions f...
Losen, Daniel J.; Keith, Michael A., II; Hodson, Cheri L.; Martinez, Tia E.
This report, along with the companion spreadsheet, provides the first comprehensive description ever compiled of charter school discipline. In 2011-12, every one of the nation's 95,000 public schools was required to report its school discipline data, including charter schools. This analysis, which includes more than 5,250 charter schools, focuses…
Hickmott, Alec Fazcakerley
The life of Randolph Blackwell (1927-1981) provides a new lens through which to view the evolution of African American politics during the 20th century. Though perhaps most recognizable as a member of Martin Luther King‘s Southern Christian Leadership Conference, Blackwell‘s career as an activist had dimensions far broader than that of non-violent resistance. Most importantly, Blackwell‘s thought and praxis suggests the centrality of an economic and class-rooted analysis that endured far beyo...
Sonia Reverter Bañón
Full Text Available El principal objetivo de este artículo es ver y comprender la relación de tres conceptos: igualdad de género, sociedad civil y ciudadanía, con el interés de concluir cómo se puede hacer avanzar la agenda feminista. En la historia del movimiento feminista la relación de la sociedad civil y la ciudadanía y sus nexos con el estado han sido el centro de la lucha de las demandas feministas. La historia de los grupos feministas en sus luchas de finales del siglo XIX y principios del XX son un buen ejemplo de cómo las mujeres han sabido constituirse en asociaciones como parte de la sociedad civil para demandar derechos que los estados finalmente han incorporado a través de las leyes y las políticas de igualdad. Los actuales estados democráticos han alcanzado un gran nivel de igualdad legal, principalmente a través del mecanismo de la ciudadanía; pero, este mecanismo no parece suficiente para deshacer algunas desigualdades e injusticias que las mujeres sufren, especialmente en los ámbitos cultural, social y económico. Al analizar estas desigualdades podemos encontrar que la sociedad civil es un campo duro para ser transformado hacia la igualdad, más duro que el representado por el estado democrático.The aim of this paper is to examine three concepts, gender equality, civil society and citizenship, in order to understand what kind of relationship there is between them, and to observe how the feminist agenda might gain from such a relationship. In the revision of feminist history, the link between civil society,citizenship and state appears as the logical development in the struggle for feminist demands. Late 19th century and early 20th century feminist groups are a good example of how women have been very successful in forming associational groups as part of civil society and have claimed the rights that states have finally incorporated through equality policies and laws. Current democratic states have achieved a high level of legal
Transitional justice has traditionally ignored or sidelined violations of economic and social rights, focussing on violations of civil and political rights as the primary grave human rights violations to be addressed when seeking justice for past atrocities. This paper explores the omission of these rights from the field and uncovers the shortcomings of such an approach. It will argue that there is a need for transitional justice to address both deliberate violations of economic and social ri...
Andersson, Pernille Hammar; Hussmann, Peter Munkebo; Jensen, Helge Elbrønd
Are we doing the right things and are we doing them right? These questions should be subject to constant attention within Higher Education Institutions in pursuit of high quality educations and attracting students nationally as well as internationally. And due to the international development in...
Cristiana Ecaterina Banu
Indissolubly connected to people’s life, being part of it, property has represented a problem of continuous feature, having an especially important place within the economical, socio-political and philosophical sciences. The study of this article herein is trying to make a brief analysis of one of the most significant and present civil right institutions and namely the institution of property, as real main right. The Romania’s accession to the EU on 1st January 2007 imposes structural changes...
Full Text Available Entrapped in the ambiguities of the Realpolitik of the Yalta system, East and Central European societies had to proceed on a long path of learning in order to find the right modes of self-organization and articulation to defend their values and identities vis-à-vis dictatorship and authoritarian rule. These bitter lessons contributed to the emergence of a new «strategy», a new vision which materialized in the emerging political philosophy and the political and social practice of civil society. This development would not have been possible without a gradual and fundamental change in political thinking and goal-setting, expressed in the development of a new concept of civil society.Atrapados en las ambigüedades de la Realpolitik del sistema de Yalta, las sociedades del Centro y Este de Europea han tenido que proceder a un largo camino de aprendizaje a fin de encontrar formas correctas de autoorganización y la articulación de la defensa de sus valores e identidades vis-à- vis con una dictadura y una administración autoritaria. Estas amargas lecciones contribuyeron a la emergencia de una nueva «estrategia», una nueva visión materializada en la emergente filosofía política y la práctica social y política de la sociedad civil. Este desarrollo no hubiera sido posible sin el gradual y fundamental cambio en el pensamiento político y el establecimiento de metas, expresadas en el desarrollo de un nuevo concepto de sociedad civil.
Some polities are able to use constitutionally prescribed political processes to settle distributional disputes, whereas in other polities distributional disputes result in civil conflict. Theoretical analysis reveals that the following properties help to make it possible to design a self-enforcing constitution that can settle recurring distributional disputes between social classes without civil conflict: • Neither social class has a big advantage in civil conflict. • The expected incrementa...
P. SYLOS LABINI
It is commonly held that economic development automatically brings civil development with it, as if between the two there were a cause-effect relationship. While economic development is obviously a necessary condition for civil development, it is not a sufficient one. On the other hand, without certain fundamental pre-requisites in the civil development field, such as a minimum level of education, economic development is impossible. Thus, the two phenomena are best conceived of in terms of in...
In 1989, the United Nations General Assembly adopted the Convention on the Rights of the Child, a comprehensive international children's rights treaty that addresses children's civil, political, economic, social, and cultural rights. The CRC sets goals and standards that promote children's rights, thereby strengthening governmental initiatives to…
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......, economic and social impact. Civilization is a term widely used within modern political discourse its meaning, yet it is poorly understood and misused. part I explores the idea of a ‘standard of civilization', its implications for governance, and the use of such standards in political theory and economic...
Altamura, M.; Musso, L.
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.
BOGDAN FLORIN MICU
In Romania, the free access to the law is considered a fundamental human right, enriched by the Constitution itself. In practice, the committing of an illegal act may cause prejudice, being described as a civil offense, but at the same time may create a report of criminal law, attracting the criminal liability, in which case it is called offense. This is how we find in the jurisprudence, both civil action and criminal action, so that, in this study we try to present some singularities of thes...
BOGDAN FLORIN MICU
Full Text Available In Romania, the free access to the law is considered a fundamental human right, enriched by the Constitution itself. In practice, the committing of an illegal act may cause prejudice, being described as a civil offense, but at the same time may create a report of criminal law, attracting the criminal liability, in which case it is called offense. This is how we find in the jurisprudence, both civil action and criminal action, so that, in this study we try to present some singularities of these two types of actions, and of the relation between them.
Gheorghe Lencan STOICA
Full Text Available The concept of civil society has a long and rich tradition in the political thought and activity of the Western world, the identification of its first forms of manifestation often intersecting both human rights issues and the first aspects of democracy in the modern world. Moreover, the essence of the last decades’ changes in Central and Eastern Europe followed naturally the democratic evolution, as well as the state of justice. Therefore, the concept of civil society has a special significance, and in order to understand its deep meaning a more through investigation, a comparative analysis and its compulsory historical survey should be taken into account.
Glackman, Ted; And Others
Survey data from 116 schools indicate that (1) minority group students, particularly males, are corporally punished more often than their White peers; (2) boys, in general, receive more corporal punishment than girls; and (3) schools that use corporal punishment frequently also have high rates of suspension. (WI)
van Krieken, R
Norbert Elias suggested that 'civilization' involves the transformation of human habitus so that violence of all sorts is gradually subjected to greater and more sophisticated forms of management and control, whereas 'decivilization' encompasses processes which produce an increase in violence and a breakdown in the stability and consistency of on-going social relations. What remains unexplored is the extent to which 'civilizing offensives', the self-conscious attempts to bring about 'civilization', have revolved around essentially violent policies and practices. This paper examines the systematic removal of indigenous Australian children from their families, largely for the social engineering purpose of the gradual and systematic annihilation of Aboriginal cultural identity. At the time, these policies and practices were constructed by most observers as contributing to the 'welfare' of Australian Aborigines, and this intersection of welfare and violence raises the possibility that civilization and decivilization, rather than being different processes which may or may not run alongside each other, interpenetrate each other so that, under certain circumstances, societies are 'barbaric' precisely in their movement towards increasing civilization. It may also be possible to describe the move away from the systematic removal of Aboriginal children since the 1970s as itself part of a civilizing process, an increasing recognition of the human rights of Australian Aborigines and of the inhumanity of those policies and practices. The paper concludes by addressing the implications for theories of civilization and decivilization, as well as more generally for our contemporary understanding of what it means to be a 'civilized' modern citizen. PMID:15260027
... 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...
... 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...
... 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...
... 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...
... 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...
Gates, Henry Louis, Jr.; And Others
The essays of this collection explore the restriction of speech and the hate speech codes that attempt to restrict bigoted or offensive speech and punish those who engage in it. These essays generally argue that speech restrictions are dangerous and counterproductive, but they acknowledge that it is very difficult to distinguish between…
Department of Homeland Security — This Annual Report details CRCL's priorities and activities in FY2011. CRCL’s activities focused on alignment with the Department’s missions: Preventing Terrorism...
Department of Homeland Security — This Annual Report details CRCL's priorities and activities in FY2012. CRCL’s activities focused on alignment with the Department’s missions: Preventing Terrorism...
Department of Homeland Security — This Annual Report details CRCL's priorities and activities in FY2013. CRCL’s activities focused on alignment with the Department’s missions: Preventing Terrorism...
Macklin, Mark G.; Lewin, John
The hydromorphic regimes that underpinned Old World river-based civilizations are reviewed in light of recent research. Notable Holocene climatic changes varied from region to region, whilst the dynamics of floodplain environments were equally diverse, with river channel changes significantly affecting human settlement. There were longer-term trends in Holocene hydroclimate and multi-centennial length 'flood-rich' and 'flood-poor' episodes. These impacted on five identified flooding and settlement scenarios: (i) alluvial fans and aprons; (ii) laterally mobile rivers; (iii) rivers with well-developed levees and flood basins; (iv) river systems characterised by avulsions and floodouts; and (v) large river-fed wetlands. This gave a range of changes that were either more or less regular or incremental from year-to-year (and thus potentially manageable) or catastrophic. The latter might be sudden during a flood event or a few seasons (acute), or over longer periods extending over many decades or even centuries (chronic). The geomorphic and environmental impacts of these events on riparian societies were very often irreversible. Contrasts are made between allogenic and autogenic mechanism for imposing environmental stress on riverine communities and a distinction is made between channel avulsion and contraction responses. Floods, droughts and river channel changes can precondition as well as trigger environmental crises and societal collapse. The Nile system currently offers the best set of independently dated Holocene fluvial and archaeological records, and the contrasted effects of changing hydromorphological regimes on floodwater farming are examined. The persistence of civilizations depended essentially on the societies that maintained them, but they were also understandably resilient in some environments (Pharaonic Egypt in the Egyptian Nile), appear to have had more limited windows of opportunity in others (the Kerma Kingdom in the Nubian Nile), or required
Oakland Community Coll., Farmington, MI. Office of Institutional Planning and Analysis.
In 1991, a study was conducted by Oakland Community College (OCC) to evaluate the need for a proposed Civil Engineering Technology program. An initial examination of the literature focused on industry needs and the job market for civil engineering technicians. In order to gather information on local area employers' hiring practices and needs, a…
Vesilind, P. Aarne
Traces the development of the civil engineering code of ethics. Points out that the code does have an enforceable provision that addresses the engineer's responsibility toward the environment. Suggests revisions to the code to accommodate the environmental impacts of civil engineering. (TW)
Aguiar, J. L. Barroso de
The good cooperation established between Universities, Laboratory National of Civil Engineering and private companies made possible the execution of a considerable number of civil engineering works by Portugueses, inside and outside the country. Some good examples are presented in this paper.
Verdera Server, Rafael
Conferencias sobre la codificación civil: aspectos históricos (R. Aznar) y jurídicos (J.M. Badenas)Actividad complementaria de los Departamentos de Historia del Derecho y Derecho Civil.Grado en Derecho
Christophe Portenseigne, Technical Director of Bouygues Travaux Publics, provided explanations on the main challenges of Civil work for the construction of the 3. generation of NPPs. He then provided an overview of the new Civil Work concepts for the 4. generation of NPPs
Nadia Cerasela ANITEI
The effects of marriage are brought under regulation in the Civil Code in Title II entitled “Marriage” Chapter V is dedicated to personal rights and duties of spouses (art.307-311) and Chapter VI is dedicated to property rights and obligations of spouses (art.312-372). Also, the Civil Code establishes the effects of marriage in other articles from different chapters. Also, we find some rights and obligations of spouses brought under regulation by rules belonging to other branches of law as fo...
A study of the Great Zimbabwe Sub-Saharan civilization, Mayan civilization and other prehistoric civilizations within the framework of a mathematical macro theory of civilizations. We show these isolated and early civilizations conform to the general mathematical theory of civilizations in detail.
Teitelbaum, Lee E.
Children's rights are discussed as part of a larger conflict between the integrative (emphasizing the duty of institutions to guide the child) and the libertarian views of civil rights. The relative authority given to the judgments of parents, professionals, and children by the law and by court decisions is described. (Author/PP)
... 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...
... TRANSPORTATION Federal Motor Carrier Safety Administration Civil Penalty Calculation Methodology AGENCY: Federal... its civil penalty methodology. Part of this evaluation includes a forthcoming explanation of the Uniform Fine Assessment (UFA) algorithm, which FMCSA currently uses for calculation of civil...
Are there other technical civilizations in the galaxy? Past analyses come to different conclusions. Cocconi and Morrison demonstrated in 1959 that interstellar radio communication was possible and Drake conducted the first search for beacons in 1960. The Drake equation estimates the number of galactic civilizations that are transmitting beacons as the product of the rate of star formation in the galaxy, the fraction of stars with planets, their average number of earthlike planets, the fraction with intelligent life and interstellar communication, and the average lifetime of a technical civilization. The Drake model of the galaxy contains many technical civilizations with communication but no interstellar travel. Michael Hart in 1975 strongly challenged this model. Starting with the fact that no extraterrestrials have been observed on Earth, and assuming that interstellar colonization is possible, he concluded that it was very likely that we are the first civilization in our galaxy and that searching or beacons is probably a waste of time and money. The Fermi paradox similarly reasons that if extraterrestrials exist: they should be here, and asks, Where are they? The Hart/Fermi model of the galaxy contains only our civilization and suggests we may colonize the galaxy. A third galactic model is that we are alone but will never develop interstellar travel. The fourth alternate model has many technical civilizations, with interstellar travel and colonization. The possibilities are clear and momentous. Either we are the only technical civilization in the galaxy or there are others. Technical civilizations will colonize the galaxy or not. We have four cosmic conjectures - one or many, colonization or not - but however unlikely they seem based on our limited evidence, one of these four models must be collect.
Johannes Fedderke; Julia Garlick
This paper aims to construct a new set of institutional indicators for Malawi. Our political freedom index correlates strongly with the Freedom House political rights and civil liberties indices, but consists of a far longer time series, which can be used to examine long-run issues with greater efficacy. The high correlations between the political freedoms index and the various property rights indices suggests that, in the Malawian case, lack of political freedom is associated with lack of ec...
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...... related to sustainability – a Workshop on Traffic. The workshop discussed traffic prognoses and the way they are used in the preparation of urban transport and traffic strategies. Civil engineer Jonas Eliasson spoke about the experience in Sweden of developing a database for traffic prognoses. The main...
This article examines the role and significance of the fundamental right of access to justice in the EU (Article 47 CFREU) in the context of the fragmentation of EU law, as evidenced in the area of civil procedure law. As member states’ procedural regimes are considerably divergent, EU institutions intervene, more and more often, to ensure EU law is effectively enforced in an equivalent manner across the EU. This work thus addresses a preliminary question: when should EU institutions provide ...
Azam, M. Nazrul Islam and Muhammad
The paper deals with the efforts made by American private sector and civil society actors after 2000 to popularize democratic values and norms in the six Gulf states, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. The study is focused on areas including politics, education, culture, media, human rights, and women empowerment. The paper also deals with approaches adopted, goals and objectives set and strategies devised and employed by the American NGOs regardi...
The insistence on the definition of environmental protection is an aspiration which has served as prerequisites to the implementation of human rights in a global economic crises. European Regional System has traditionally been focused on the protection of civil and political rights. In the wake of environmental risks that imply the violation of human rights, the emphasis has been placed more on the social, economic and cultural. Collective mechanisms to appeal to the United Nations and the Eu...
The right to democratic entitlement is well documented in international law. Numerous universal and regional constitutional treaties are premised on it and reverend it. National constitutions of most States espouse themselves to it. International civil society champions it. It is a right that resides at the core of the United Nations' originating vision for a secure and peaceful world - steered on the twin rails of social justice and respect for human rights. The current Zimbabwe crisis that ...
Georgia Univ., Athens. Dept. of Vocational Education.
This publication contains statewide standards for the civil engineering program in Georgia. The standards are divided into 12 categories: foundations (philosophy, purpose, goals, program objectives, availability, evaluation); admissions (admission requirements, provisional admission requirements, recruitment, evaluation and planning); program…
Sharp, J. J.; Moore, E.
This paper outlines a technique for teaching a rigorous course in calculus and differential equations which stresses applicability of the mathematics to problems in civil engineering. The method involves integration of subject matter and team teaching. (SD)
Full Text Available The new Civil Code introduces several important changes and clarifications regarding the ownership right in general, including in the matter of the ways of acquiring private ownership. Among the ways of acquiring the private ownership right, the accession gets in the new Civil Code a legal regulation which is much more precise and better systematized, especially in relation to the artificial immovable accession, the legislator thus responding to practical needs, as they have been raised in the jurisprudence, but also to controversial issues outlined in the juridical doctrine. This paper aims to conduct a comparative analysis, which is necessary to both the analyst in law and the practitioner, between the old regulation contained in the Civil Code of 1864 and the current regulation provided by the new Civil Code in the field of immovable accession, with special attention to artificial immovable accession, due to its practical incidence.
Balooni, Kulbhushan; Lund, Jens Friis
One of the proposed strategies for implementation of reducing emissions from deforestation and forest degradation plus (REDD+) is to incentivize conservation of forests managed by communities under decentralized forest management. Yet, we argue that this is a challenging road to REDD+ because of ...... conservation of forests under existing decentralized management arrangements toward a push for extending the coverage of forests under decentralized management, making forest rights the hard currency of REDD+....
The paper treats the management of the realization of civil engineering projects or civil engineering buildings construction management, as a complex dynamic process, which entails a large number of strategic and operative decisions which are important for an efficient, cost effective, and economic construction. The management process execution is not possible without the functions such as planning, organizing, coordination and control. Planning as the initial function, important for the fore...
The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs
Trocan, Laura Magdalena
The right to defense as a social value is necessary for any social environment, and the arising of its elements during various stages of civilization has witnessed a visible progress, considering that nowadays the acknowledgement of the right to defense is a common denominator in all procedural systems of democratic states; and this also derives from the fact that states are covenanters to international documents expressly consecrating this right. This article aims to examine the provisions o...
Smith, Julia; Buse, Kent; Gordon, Case
Sustainable Development Goal Three is rightly ambitious, but achieving it will require doing global health differently. Among other things, progressive civil society organisations will need to be recognised and supported as vital partners in achieving the necessary transformations. We argue, using illustrative examples, that a robust civil society can fulfill eight essential global health functions. These include producing compelling moral arguments for action, building coalitions beyond the ...
This article reports on an examination of the communication needs of a group of Thai civil engineering students. Twenty-five stakeholders helped identify the communication needs of the students by participating in individual interviews. These included employers, civil engineers, civil engineering lecturers, ex-civil engineering students of the…
... 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,...
... 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...
... 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,...
... 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...
... 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,...
... 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...
Full Text Available The present study aims at analyzing the dispositions regarding the appeal, as presented in the present form of the Civil Procedure Code2, motivated by the fact that recently, the Ministry ofJustice has launched a public debate on “The strategy of developing justice as a public service 2010-2014” in which it proposes a set of measures on the functioning of the judicial system and theconsolidation of justice independence and integrity. The Ministry of Justice will advance this document of great importance for the justice, to be approved by the Romanian Government, no laterthan July, 1st 2010. The adoption of a new Civil Procedure Code was imposed by the socio- economic transformations that occurred in our country after December 1989 and by the Romanian adhesion at the EU on January, 1st 2010, as well as by the changes occurred on the international level, generated by the free movement of people and not only. In this paper we will approach a few theoretical andpractical issues related to the unitary application and interpretation of the civil procedure norms regarding the term in which the appeal can be exerted, the summoning procedure, the forms of appeal and the rules that coordinate the judging of the appeal. This objective aims at underlining the need for a better regulation of the forms of appeal in the civil law suit, reducing terms, summoning the litigant parties, so that the judging is made in compliance with the principles of the right to defense and thecontradictory principle that govern the civil law suit. By the propositions made regarding the completion of the amendment of the civil procedure norms we intend to actually enable the guaranteeof respecting the requests of an equitable law suit, from the perspective of the law suit’s duration in order for the instances in Romania not to be accused of violating article 6 of the European Convention of Human Rights. In the Romanian civil law suit, the appeal is the only ordinary means
Sadeh, Willy Z.; Criswell, Marvin E.
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.
Herman, Jody L.; Konnoth, Craig J.; Badgett, M. V. Lee
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...
Full Text Available
In this insightful article, Sudha Ramalingam and R.S. Akila highlight the apathy of the State machinery, judiciary and the civil society towards the increasing violations of the right to life through encounter killings. Tracing the history of response to encounter killings, the authors illustrate how perpetrators of this extra-legal deprivation of life and liberty are glorified in news media, revered by the State and civil society, and thus enjoy immunity from the clutches of the criminal justice system. The situation prevalent in a relatively stable Tamil Nadu is especially highlighted in order to demonstrate the falsity of the assumption that encounter killings are widespread only in conflict-ridden states. The willingness of society to acquiesce while the law of the court is replaced with the law of the street is attributed to the lack of faith of civil society in the criminal justice system. The authors lament the proliferation and acceptance of these extra-legal killings in a constitutional democracy like India, labelling the same to be unacceptable.
Nadia Cerasela ANITEI
Full Text Available The effects of marriage are brought under regulation in the Civil Code in Title II entitled “Marriage” Chapter V is dedicated to personal rights and duties of spouses (art.307-311 and Chapter VI is dedicated to property rights and obligations of spouses (art.312-372. Also, the Civil Code establishes the effects of marriage in other articles from different chapters. Also, we find some rights and obligations of spouses brought under regulation by rules belonging to other branches of law as follows: the Civil Code contains for example provisions relating to the irrevocability of donations between spouses (Article 937 Civil Code, Law no. 319/1944 in art. 1-5 sets the hereditary vocation of the surviving spouse and his/her right to habitation, etc. Moreover, the effects of marriage are set to rights in some international laws to which Romania is party or has ratified or acceded to, namely: the Universal Declaration of Human Rights (Article 16, the International Covenant on Civil and Political Rights (Article 23 paragraph 4 and art. 24, International Covenant on Economic, Social and Cultural Rights (art. 10 paragraph 1, etc.2. In relation to the area of people, between whom these effects are produced,3, we distinguish the following types of relations:a. relationship between spouses;b. relations between spouses and their children;c. relations between a spouse and the relatives of the other spouse (affinity relations;d. relations between family members and other natural persons or legal persons.Relations between spouses refer to:a. personal relationships;b. economic relations;c. capacity of exercise.
The right to claim for damages for infringement is of the character of credit and an object of limitation of action. In case of trademark right infringement, the provision on limitation of action of the General Principles of the Civil Law also apply to the trademark proprietor's right to claim for damages for infringement.……
@@ The right to claim for damages for infringement is of the character of credit and an object of limitation of action. In case of trademark right infringement, the provision on limitation of action of the General Principles of the Civil Law also apply to the trademark proprietor's right to claim for damages for infringement.
Cohen, Jonathan; Ezer, Tamar
The concept of "human rights in patient care" refers to the application of human rights principles to the context of patient care. It provides a principled alternative to the growing discourse of "patients' rights" that has evolved in response to widespread and severe human rights violations in health settings. Unlike "patients' rights," which is rooted in a consumer framework, this concept derives from inherent human dignity and neutrally applies universal, legally recognized human rights principles, protecting both patients and providers and admitting of limitations that can be justified by human rights norms. It recognizes the interrelation between patient and provider rights, particularly in contexts where providers face simultaneous obligations to patients and the state ("dual loyalty") and may be pressured to abet human rights violations. The human rights lens provides a means to examine systemic issues and state responsibility. Human rights principles that apply to patient care include both the right to the highest attainable standard of health, which covers both positive and negative guarantees in respect of health, as well as civil and political rights ranging from the patient's right to be free from torture and inhumane treatment to liberty and security of person. They also focus attention on the right of socially excluded groups to be free from discrimination in the delivery of health care. Critical rights relevant to providers include freedom of association and the enjoyment of decent work conditions. Some, but not all, of these human rights correspond to rights that have been articulated in "patients' rights" charters. Complementary to—but distinct from—bioethics, human rights in patient care carry legal force and can be applied through judicial action. They also provide a powerful language to articulate and mobilize around justice concerns, and to engage in advocacy through the media and political negotiation. As "patients' rights" movements and
This thesis investigates the relationship between corruption in the Russian justice system and human rights violations. The hypothesis is that such corruption increases human rights abuses. Both law enforcement and the judiciary are included since they are equally important for human rights implementation. The thesis relies on international human rights instruments as the legal framework, focusing on civil and political rights. The link between corruption and human rights violations is concep...
RFS or Regles Fondamentales de Surete (Basic Safety Rules) applicable to certain types of nuclear facilities lay down requirements with which compliance, for the type of facilities and within the scope of application covered by the RFS, is considered to be equivalent to compliance with technical French regulatory practice. The object of the RFS is to take advantage of standardization in the field of safety, while allowing for technical progress in that field. They are designed to enable the operating utility and contractors to know the rules pertaining to various subjects which are considered to be acceptable by the Service Central de Surete des Installations Nucleaires, or the SCSIN (Central Department for the Safety of Nuclear Facilities). These RFS should make safety analysis easier and lead to better understanding between experts and individuals concerned with the problems of nuclear safety. The SCSIN reserves the right to modify, when considered necessary, any RFS and specify, if need be, the terms under which a modification is deemed retroactive. This rule defines: - the parameters characterizing the design seismic motions - the calculation methods - the mathematical schematization principles on which calculations are based - the use of the seismic response for the structure checking - the content of the documents to be presented
The article analyzes the impact of the conventional concept of "civil right" (art. 6 E.C.H.R.) on the constitutional distinction between civil and political rights (art. 144-145 Const.). L'article analyse l'impact du concept conventionnel de "droit civil" (art. 6 C.E.D.H.) sur la distinction constitutionnelle entre droits civils et politiques (art. 144-145 Const.). Peer reviewed
Health care consumer's rights; Rights of the health care consumer ... In March 1998, the Advisory Commission on Consumer Protection and ... Consumer Bill of Rights and Responsibilities. The Commission ...
Full Text Available Artificial intelligence is a branch of computer science, involved in the research, design, and application of intelligent computer. Traditional methods for modeling and optimizing complex structure systems require huge amounts of computing resources, and artificial-intelligence-based solutions can often provide valuable alternatives for efficiently solving problems in the civil engineering. This paper summarizes recently developed methods and theories in the developing direction for applications of artificial intelligence in civil engineering, including evolutionary computation, neural networks, fuzzy systems, expert system, reasoning, classification, and learning, as well as others like chaos theory, cuckoo search, firefly algorithm, knowledge-based engineering, and simulated annealing. The main research trends are also pointed out in the end. The paper provides an overview of the advances of artificial intelligence applied in civil engineering.
Civil works of PFBR has posed numerous design and construction challenges. Eight safety related nuclear buildings of PFBR are founded on a single raft, first of its kind in Indian nuclear Reactors. Construction of eight interconnected buildings on the common raft has been challenge for construction material transportation. Thus Herculean task, require storage of massive quantities of raw materials and ice. The civil construction scope in PFBR expanded to critical steel fabricated structures integrated with civil works. This includes huge embedment erected to very close tolerances. Large size panels for upper lateral, lower lateral and bottom shields were to be fabricated to intricate contours with tight tolerances and were required to be transported to locations from far off distances; this was well accomplished without loss of tolerances of fabricated structures. Novel construction practices and stringent quality control procedures were implemented to accomplish this critical requirement. Integration of cooling coils inside the safety vessel flanges after completing the reactor vault and safety vessel erection, required special contour bending for numerous reinforcement and development of special construction methodology. The neutron detector box integration with bottom shield was also a construction challenge posed and well addressed by site. Many mock ups were to be carried out for demonstrating the construction procedures and methodology for critical construction activities. Maintaining the stringent requirements such as clean room conditions was a major challenge and was met effectively. Equipment erection in parallel to civil works too required innovative solutions for clean condition maintenance while civil works are in progress. it can be said that the civil construction of PFBR has emerged as a marvel of technology handled professionally by competent engineers deploying scientific construction techniques and stringent quality control procedures. (author)
José Fernández Santillán
Este documento aborda el tema de la democracia desde una perspectiva opuesta al llamado neoinstitucionalismo; es decir, se orienta a analizar los procesos de democratización desde la base de la sociedad civil y, en es pe cial, desde lo que se conoce como el cap i tal so cial. Desde mediados de la década de 1980, el tema de la democracia desde la perspectiva de la sociedad civil fue cobrando cada vez mayor relevancia. Esta tendencia se vio reforzada por la caída del Muro de Berlín el 9 de nov...
France and the USA wish to cooperate in order to promote an international regime of civil liability in order to give a fair compensation to victims of nuclear accidents as it is recommended by IAEA. On the other hand the European Commission has launched a consultation to see the necessity or not to harmonize all the civil liability regimes valid throughout Europe. According to the Commission the potential victims of nuclear accidents would not receive equal treatment at the European scale in terms of insurance cover and compensation which might distort competition in the nuclear sector. (A.C.)
Rollin, Bernard E.
Simple Summary The twentieth century has witnessed a bewildering array of ethical revolutions, from civil rights to environmentalism to feminism. Often ignored is the rise of massive societal concern across the world regarding animal treatment. Regulation of animal research exists in virtually all western countries, and reform of “factory farming” is regnant in Europe and rapidly emerging in the United States. Opponents of concern for animals often dismiss the phenomenon as rooted in emotion ...
Angiography - right heart ... The catheter will be moved forward into the right side of the heart. As the catheter is advanced, the doctor can record pressures from the right atrium and right ventricle. Contrast material ("dye") is ...
MENU Return to Web version Arrhythmogenic Right Ventricular Dysplasia Overview What is arrhythmogenic right ventricular dysplasia? Arrhythmogenic right ventricular dysplasia (say: “uh-rith-mo-jen-ic right ven-trick- ...
This article focuses on a politics arena that has been articulated through the impact of ideals of sexual rights on Brazilian sexual politics, namely the affirmation of "LGBT rights". These rights have been constructed both through attempts to extend civil and social rights to the LGBT population that were previously restricted to heterosexuals, and by the enactment of provisions directly banning homophobic discrimination and violence. The focus will be on some of the principal social actors in this process, especially those situated in the three branches of government, since the most decisive clashes are now being waged at this level. Without intending to offer an exhaustive description of what has occurred in the Brazilian courts, Congress, and Administration, we point to the complexity of a situation which shows numerous innovations and breaks in its different dimensions, while simultaneously revealing contradictions, gaps, and ambiguities. PMID:22267079
Full Text Available This article focuses on a politics arena that has been articulated through the impact of ideals of sexual rights on Brazilian sexual politics, namely the affirmation of "LGBT rights". These rights have been constructed both through attempts to extend civil and social rights to the LGBT population that were previously restricted to heterosexuals, and by the enactment of provisions directly banning homophobic discrimination and violence. The focus will be on some of the principal social actors in this process, especially those situated in the three branches of government, since the most decisive clashes are now being waged at this level. Without intending to offer an exhaustive description of what has occurred in the Brazilian courts, Congress, and Administration, we point to the complexity of a situation which shows numerous innovations and breaks in its different dimensions, while simultaneously revealing contradictions, gaps, and ambiguities.
Criswell, Marvin E.; Sadeh, Willy Z.
Space Civil Engineering is an emerging engineering discipline that focuses on extending and expanding Civil Engineering to the development, operation, and maintenance of infrastructures on celestial bodies. Space Civil Engineering is presently being developed as a new discipline within the Department of Civil Engineering at Colorado State University and with support of the 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 and the current status of the curriculum in the Space Civil Engineering Option primarily at the undergraduate level are presented.
..., DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE REAL ESTATE ACTIVITIES OF THE CORPS OF ENGINEERS IN CONNECTION WITH CIVIL WORKS PROJECTS Temporary Use by Others of Civil Works Real Estate § 211.7 Rights which may... to which real estate functions have been or may be assigned are authorized to lease, in the name...
The study aims at an analysis of the relationship between civil law and the criminal procedure law system. The author focus on the limitation of the property right in the selected aspects of the criminal proceedings.
... rights. 352.907 Section 352.907 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE... Board on appeal. ... after receipt of notice of involuntary separation during the term of employment with the Commission;...
Nadia Cerasela ANITEI
The effects of marriage are brought under regulation in the Civil Code in Title II entitled “Marriage” Chapter V is dedicated to personal rights and duties of spouses (art.307-311) and Chapter VI is dedicated to property rights and obligations of spouses (art.312-372). Also, the Civil Code establishes the effects of marriage in other articles from different chapters. Also, we find some rights and obligations of spouses brought under regulation by rules belonging to other branches of law as fo...
Full Text Available Il contributo, sottoposto a valutazione, riproduce il testo dell’intervento nel dibattito a due voci (con il presidente della Corte costituzionale, Gaetano Silvestri a conclusione del convegno “La Bibbia sulle strade dell’uomo” (Messina, 23 novembre 2013, ed è destinato alla pubblicazione negli Atti.SOMMARIO: 1. L’etica civile come etica costituzionale – 2. L’etica evangelica – 3. Irriducibilità? – 4. La promessa e il terzo – 5. La libertà – 6. Il tratto di cammino insieme. Civil Ethic and Evangelical Beatitudes ABSTRACT The differences between civil ethic and religious ethic, that the Author defines as constitutional principles and evangelic Beatitudes, are well known: it’s common knowledge that the ones are effective in the earthly life while the others are oriented to the eternal life. Nevertheless the Author argues that they both have a common feature before that last analysis: they cross as principles of continuing opposition to unjust society, to “unlawful law”, to spreading apart between the constitutional and evangelic must be and the legislative being of positive law.KEY-WORDS: Civil Ethic – Constitution – Evangelical Beatitudes – Differences - Common Feature.
Georgia Univ., Athens. Dept. of Vocational Education.
This program guide presents civil engineering technology curriculum for technical institutes in Georgia. The general information section contains the following: purpose and objectives; program description, including admissions, typical job titles, and accreditation and certification; and curriculum model, including standard curriculum sequence and…
Government programs and renewed industrial activity have combined with stable enrollments to create bright job prospects for civil engineers. Areas with good opportunities include highway reconstruction and rehabilitation, water-resource management, and new factory construction. The subspecialty of structural engineering has a growing need in…
Robelen, Erik W.
Today, a growing number of teachers are moving beyond the textbook in teaching about the war, and U.S. history more broadly. Teachers are digging directly into primary sources and harnessing technology, all in an attempt to help students better understand the past and bring it to life. Doing so may be especially important with the Civil War,…
A convention on the complementary repair of nuclear damages comes and superposes on the Convention of Paris and the Convention of Vienna or national autonomous conventions of nuclear civil liability. In case of accident, a fund would be created to compete the first level of indemnification beyond the contribution of the government. (N.C.)
During the past several decades, off campus and on, much of the discourse on controversial issues has been personal, vicious, and divisive. On the national scene, politics has become permeated with incivility. It now appears that Americans have been naive about their ability and willingness to engage in civil discourse and compromise. How can…
In any organized society, right to live as a human being is not ensured by meeting only the animal needs of man. It is secured only when he is assured of all facilities to develop himself and is freed from restrictions which inhibit his growth. All human rights are designed to achieve this object. Right to live guaranteed in any civilized society implies the right to food, water, decent environment, education, medical care and shelter. The word 'life' as employed by Article 21 takes in its sw...
van der Vink, G.; Plancherel, Y.; Hennet, C.; Jones, K. D.; Abdullah, A.; Bradshaw, J.; Dee, S.; Deprez, A.; Pasenello, M.; Plaza-Jennings, E.; Roseman, D.; Sopher, P.; Sung, E.
The manifestations of climate change can result in humanitarian impacts that reverse progress in poverty- reduction, create shortages of food and resources, lead to migration, and ultimately result in civil violence and conflict. Within the continent of Africa, we have found that environmentally-related variables are either the cause or the confounding factor for over 80% of the civil violence events during the last 10 years. Using predictive climate models and land-use data, we are able to identify populations in Africa that are likely to experience the most severe climate-related shocks. Through geospatial analysis, we are able to overlay these areas of high risk with assessments of both the local population's resiliency and the region's capacity to respond to climate shocks should they occur. The net result of the analysis is the identification of locations that are becoming particularly vulnerable to future civil violence events (vulnerability hotspots) as a result of the manifestations of climate change. For each population group, over 600 social, economic, political, and environmental indicators are integrated statistically to measures the vulnerability of African populations to environmental change. The indicator time-series are filtered for data availability and redundancy, broadly ordered into four categories (social, political, economic and environmental), standardized and normalized. Within each category, the dominant modes of variability are isolated by principal component analysis and the loadings of each component for each variable are used to devise composite index scores. Comparisons of past vulnerability with known environmentally-related conflicts demonstrates the role that such vulnerability hotspot maps can play in evaluating both the potential for, and the significance of, environmentally-related civil violence events. Furthermore, the analysis reveals the major variables that are responsible for the population's vulnerability and therefore
Leskov, L. V.
The problem of finding extraterrestrial civilizations and establishing contact with them is directly related to the problem of their evolution. Possible patterns in this evolution and the stages in the evolution of extraterrestrial civilizations are examined.
Neteshinskaya L. F.
Full Text Available The article is devoted to the new states of the pledges in the Civil Code of the Russian Federation, namely the right of the encumbrancer to keep the pledged property, changes of the encumbrancer's rights, the enlargement of the members who are able to pledge, appearance of a new person in the legal relations concerning pledges, also called as conscientious encumbrance, as well as new rules, concerning conditions and forms of the pledge agreement conclusion
Brownlee, Kimberley; Professor Joseph Raz; Dr John Tasioulas
This dissertation examines the moral character of civil disobedience. The discussion begins with a conceptual analysis of civil disobedience which eschews standard definitions in favour of a paradigm case approach, highlighting a parallel between the communicative aspects of civil disobedience and the communicative aspects of lawful punishment by the state. Foundations for a moral evaluation of civil disobedience are then laid down through, first, an examination of the nature ...
Roxana Cristina RADU; Eliza Adela VOICU
An ever increasing feature of public office is the way in which the recruitment and training of civil servants are controlled by legislation. Civil servants are a basic component of public administration but they are also important for labor law because civil service relations have the characteristics of an employment relationship and also specific features resulting from the rules of public law. The relevant expression of the interferences between public and private law for civil servants is...
Anheier, Helmut K.; Kaldor, Mary; Glasius, Marlies
The annual Global Civil Society Yearbooks provide an indispensable guide to global civil society or civic participation and action around the world. Each yearbook includes commissioned contributions from leading commentators across the social sciences on the latest issues and developments. Each yearbook also explores and presents the latest approaches to measuring and analyzing global civil society and provides a chronology of key global civil society events in the year. The 2005/6 Yearbo...
Sharma, A; Gupta, S
In 1924, the League of Nations adopted the 1st international law recognizing that children have inalienable rights and are not the property of their father. The UN Declaration on the Rights of the Child emerged in 1959. 1979 was the International Year of the Child. In 1990 there was the World Summit on Children and the UN General Assembly adopted the Global Convention on the Rights of the Child. The convention included civil, economic, social, cultural, and political rights of children all of which covered survival, development, protection, and participation. At the end of 1990, 60 countries had ratified the convention, thus including it into their national legislation. Even though India had not yet endorsed the Convention by the end of 1991, it expressed its support during the 1st workshop on the Rights of the Child which focused on girls. India has a history of supporting children as evidenced by 250 central and state laws on their welfare such as child labor and child marriage laws. In 1974, India adopted the National Policy for Children followed by the establishment of the National Children's Board in 1975. The Board's activities resulted in the Integrated Child Development Services Program which continues to include nutrition, immunization, health care, preschool education, maternal education, family planning, and referral services. Despite these laws and actions, however, the Indian government has not been able to improve the status of children. For example, between 1947-88, infant mortality fell only from 100/1000 to 93/1000 live births and child mortality remained high at 33.3 in 1988 compared with 51.9 in 1971. Population growth poses the biggest problem to improving their welfare. Poverty also exacerbates their already low status. PMID:12317284
Pavel A. Byshkov
In the present article author discusses issues of the right for the lifetime inheritable possession of land as part of the system of limited property rights for land in Russian Federation. Author chronologically explores process of this legal institute formation. Author begins his study with from the Soviet system of land rights and finishes with the legal regulation of land rights in contemporary Russia, what are enshrined in the Land Code of the Russian Federation and the Civil Code of the ...
Susan Randolph; Maria Green
This paper builds on the work of the Working Group and High Level Task Force on the Right to Development to devise a set of Right to Development criteria, sub-criteria and operational sub-criteria (indicators) that could be used by international organizations, governments, and civil society to define and measure implementation of the Right to Development in the current development and human rights environment. The criteria and indicators are offered in a framework that could eventually serve ...
Child participation is closely linked and interdependent with civil and political rights and with the fundamental perceived concepts of childhood, evolving capacity and autonomy. The right of children to express their views freely and to have them taken into account is both a substantive right and a general principle relevant to all aspects of implementation of the Convention on the Rights of the Child. The degree of children’s participation within a society and the ways of involving children...
Flavio Luiz Schieck Valente
This article describes the conceptual evolution of the right to food into its current denomination as human right to adequate food and nutrition in the broader context of the indivisibility of human rights, women’s rights and food sovereignty. It also explores the challenges and opportunities provided by the Second International Conference on Nutrition and describes the political foundations of civil society’s engagement in the preparation and planned follow-up of the conference.
Løkling, Aase Camilla
The UN Guiding Principles on Business and Human Rights recommend to businesses the use of external expertise, stakeholder dialogue, and civil society consultation. Hence, collaboration with, for example, human rights organisations, is presented as a key tool for companies to meet their responsibility to respect human rights. This thesis takes off from these recommendations as it studies three large companies, who have indeed taken the assistance of human rights organizations in working on com...
techniques are available for civil engineering modal analysis. The testing of civil structures defers from the traditional modal testing in the sense, that very often it is difficult, or sometimes impossible, to artificially excite a large civil engineering structure. Also, many times, even though an...
... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 218.9 Section 218.9 Transportation... TRANSPORTATION RAILROAD OPERATING PRACTICES General § 218.9 Civil penalty. Any person (an entity of any type... requirement of this part or causes the violation of any such requirement is subject to a civil penalty of...
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Civil penalty. 103.57 Section 103.57... REPORTING OF CURRENCY AND FOREIGN TRANSACTIONS General Provisions § 103.57 Civil penalty. (a) For any... willfully participates in the violation, a civil penalty not to exceed $1,000. (b) For any willful...
...; ] DEPARTMENT OF AGRICULTURE Rural Housing Service 7 CFR Part 3560 RIN 0575AC93 Civil Monetary Penalties AGENCY...) proposes to implement two civil monetary penalty provisions. First, RHS proposes to amend its regulations to create a new section, for imposing civil monetary penalties under the authority of 42 U.S.C....
... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 228.21 Section 228.21..., DEPARTMENT OF TRANSPORTATION HOURS OF SERVICE OF RAILROAD EMPLOYEES Records and Reporting § 228.21 Civil... requirement is subject to a civil penalty of at least $650 and not more than $25,000 per violation,...
... 32 National Defense 2 2010-07-01 2010-07-01 false Civil actions. 310.46 Section 310.46 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PRIVACY PROGRAM DOD PRIVACY PROGRAM Privacy Act Violations § 310.46 Civil actions. An individual may file a civil...
... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Civil penalty. 127.10 Section 127.10 Foreign... Civil penalty. (a) The Assistant Secretary of State for Political-Military Affairs is authorized to impose a civil penalty in an amount not to exceed that authorized by 22 U.S.C. 2778, 2779a and 2780...
... 10 Energy 2 2010-01-01 2010-01-01 false Civil penalty. 110.64 Section 110.64 Energy NUCLEAR... Enforcement § 110.64 Civil penalty. (a) In response to a violation, the Commission may institute a proceeding to impose a civil penalty under section 234 of the Atomic Energy Act by issuing a notice to...
... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 221.7 Section 221.7 Transportation... TRANSPORTATION REAR END MARKING DEVICE-PASSENGER, COMMUTER AND FREIGHT TRAINS General § 221.7 Civil penalty. Any... requirement is subject to a civil penalty of at least $650 and not more than $25,000 per violation,...
... subject to a civil penalty under this part: (1) 10 CFR Part 1017—Identification and Protection of... 10 Energy 4 2010-01-01 2010-01-01 false Civil penalty. 1017.29 Section 1017.29 Energy DEPARTMENT... INFORMATION Violations § 1017.29 Civil penalty. Link to an amendment published at 74 FR 66033, Dec. 14,...
... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Civil remedies. 1212.800 Section 1212.800... Comply With Requirements of This Part § 1212.800 Civil remedies. Failure to comply with the requirements of the Privacy Act and this part could subject NASA to civil suit under the provisions of 5...
... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Civil penalty. 401.102 Section... TRANSPORTATION SEAWAY REGULATIONS AND RULES Penalties-Violations of Seaway Regulations § 401.102 Civil penalty. (a) A person, as described in § 401.101(b), who violates a regulation is liable to a civil penalty...
Abstract:Corroborative evidence is the basis for ascertaining and corroboration rules are proof the rules, plays a corroborative proof function and limiting the discretion of judges. Full study of corroborative evidence in civil procedure rules to use, helps to perfect evidence rules of civil procedure and civil systems.
Smith, Julia; Buse, Kent; Gordon, Case
Sustainable Development Goal Three is rightly ambitious, but achieving it will require doing global health differently. Among other things, progressive civil society organisations will need to be recognised and supported as vital partners in achieving the necessary transformations. We argue, using illustrative examples, that a robust civil society can fulfill eight essential global health functions. These include producing compelling moral arguments for action, building coalitions beyond the health sector, introducing novel policy alternatives, enhancing the legitimacy of global health initiatives and institutions, strengthening systems for health, enhancing accountability systems, mitigating the commercial determinants of health and ensuring rights-based approaches. Given that civil society activism has catalyzed tremendous progress in global health, there is a need to invest in and support it as a global public good to ensure that the 2030 Agenda for Sustainable Development can be realised. PMID:27424031
Full Text Available The last ten years has witnessed an increased use of the civil law in the UK to contain and incapacitate the sex offender. These measures have been introduced to improve community safety and public protection, as the criminal law seeks to punish and condemn. This paper explores the contention that the civil and criminal law are in danger of becoming confused and the line between the two becoming blurred. At worst the civil law is in danger of becoming a form of criminal punishment in its own right and those charged with implementing it, in danger of getting their roles confused. What starts out as a civil regulatory or administrative arrangement for public safety becomes increasingly obstructive, has ‘gate-ways’ to criminal proceedings and is implemented in a punitive fashion.
... 32 National Defense 3 2010-07-01 2010-07-01 true Scope for civil works claims of maritime nature. 537.17 Section 537.17 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY CLAIMS... nature. Under the River and Harbors Act (33 U.S.C. 408), the United States has the right to recover...
The Diggers were small groups that appeared after the English Civil War who cultivated common land with carrots, beans and corn. This paper looks at the religiosity of the Diggers and how their ideas about bread, creation and the right use of land underpinned their thinking about every aspect of society.
This study examines one facet of political attitudes, support for those civil liberties guaranteed in the Bill of Rights, employing an index of libertarian attitudes, administered by mail questionnaire to an entire high school senior class four years after graduation. Findings are discussed in reference to the role of higher education in…
The paper discusses the legal aspects of human and civil rights to a healthy environment and the impact of globalization on the environmental situation in the country. The analysis of the environmental legislation of the Russian Federation and of the need to address gaps in it and to amend it in order to ensure citizens’ rights for compensation in the case of man-made and other environmental disasters.
Civil works of PFBR has posed numerous design and construction challenges. Eight safety related nuclear buildings of PFBR are founded on a single raft, first of its kind in Indian nuclear Reactors. Construction of eight interconnected buildings on the common raft has been challenge for construction material transportation. The construction of Nuclear Island Connected Buildings (NICB) raft was completed in three and a half months. This massive 100mx100m raft for NICB, requiring 35000 cubic meter of concrete was undertaken in twelve pours. This Herculean task required storage of massive quantities of raw materials and ice. The construction of Turbo Generator (TG) building including TG mat and deck and interconnection with NICB posed enormous construction challenges that were well planned and executed. The intake and outfall structures too are exemplary construction handled effectively at PFBR. The excavation for the nuclear and power islands was large and deep. Rock out crops were found starting at various depths of excavation, requiring extensive planning controlled blasting and mechanization in excavation. This also required innovative dewatering procedures in sandy terrain often mixed with clay. Ground water table at PFBR site being high, water proofing for massive underground structure of PFBR was required to be carefully engineered and handled. This started with innovative grouting of excavated strata below the raft till required permeability was met and bone dry condition was achieved for laying of waterproofing membranes. Concurrent construction and regulatory reviews and stage wise clearance for civil construction required dynamic construction planning and sequencing. The scope of civil construction in PFBR expands to critical steel fabricated structures integrated with civil works. This includes huge embedment erected to very close tolerances. Large size panels for upper lateral, lower lateral and bottom shields were fabricated to intricate contours with
Tonias, Elias C
This book provides a multitude of geometric constructions usually encountered in civil engineering and surveying practice. A detailed geometric solution is provided to each construction as well as a step-by-step set of programming instructions for incorporation into a computing system. The volume is comprised of 12 chapters and appendices that may be grouped in three major parts: the first is intended for those who love geometry for its own sake and its evolution through the ages, in general, and, more specifically, with the introduction of the computer. The second section addresses geometric features used in the book and provides support procedures used by the constructions presented. The remaining chapters and the appendices contain the various constructions. The volume is ideal for engineering practitioners in civil and construction engineering and allied areas.
The Permanent Mission of Switzerland has informed CERN that the Département des Institutions of the Republic and Canton of Geneva and the Groupement suisse des Magistrats pour la médiation (GEMME) - Swiss Association of Magistrates for Mediation have published a multilingual Practical Guide to Civil Mediation (including English). In this context, the Swiss Mission has underlined the benefits of resorting to mediation, especially for the personnel of international organizations, and which the Secretary-General of the GEMME has summarised as follows: it is a private process not requiring the waiver of the parties' immunities; the confidentiality of the mediation process is guaranteed both by the mediator and the parties to it; the search for an amicable settlement does not need to be determined by reference to law (provided that public order is respected); the process is faster (2 to 3 sessions), less costly and more flexible than civil or arbitration procedures; in order to reinforce the agreeme...
The Permanent Mission of Switzerland has informed CERN that the Département des Institutions of the Republic and Canton of Geneva and the Groupement suisse des Magistrats pour la médiation (GEMME) - Swiss Association of Magistrates for Mediation have published a multilingual Practical Guide to Civil Mediation (including English). In this context, the Swiss Mission has underlined the benefits of resorting to mediation, especially for the personnel of International Organizations, and which the Secretary-General of the GEMME has summarised as follows: it is a private process not requiring the waiver of the parties' immunities; the confidentiality of the mediation process is guaranteed both by the mediator and the parties to it; the search for an amicable settlement does not need to be determined by reference to law (provided that public order is respected); the process is faster (2 to 3 sessions), less costly and more flexible than civil or arbitration procedures; in order to reinforce the agreem...
The question as to whether civil air crews and frequent air passengers ought to be classified among the group of occupationally exposed persons has in principle been decided by the recommendations adopted by the ICRP, the competent bodies of the EU, and national authorities. Measurements for more information on the radiation fields involved are planned. The German Radiation Protection Office (BfS) recently published a statement on dose commitments, assuming a maximum annual dose of approx. 8 mSv in addition to the mean value already determined. Legal provisions, which ought to be adopted also on EU level since civil aviation is a transboundary traffic system, have yet to come. (orig./HP)
Mediation is one of the few mechanisms the international community can deploy that will affect civil wars. This article introduces the dataset on mediation in civil wars – termed the Civil War Mediation (CWM) dataset. This is the first dataset to focus solely on civil war mediation. These data contribute to the present state of quantitative research on mediation in three important respects: the data are collected for the period of 1946–2004, are organized by mediation cases and by civil war e...
Rrustem Qehaja; Elza Bajrami
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 ...
Author analyses (a) the causes leading to the Afghan Civil War 1979-1989 (the war is above all the result of global rivalries between the super-power states and conflicting political systems); (b) Politburo decision to send Soviet troops into Afghanistan (there is reason to believe that the leaders of the Soviet Union became "victims" of strategic misinformation, skillfully put into effect by American intelligence agencies); (c) the deployment of Soviet troops in Afghanistan (brought about an...
Donna Livesey; Craig Taylor; Pete Jones
Presents a summary of annual statistics, previously produced by the Cabinet Office and now the responsibility of ONS.This article presents a summary of annual Civil Service statistics for the year ending 30 September 2006, as published in July 2007. Previously produced by the Cabinet Office, responsibility for the collection and publication of these statistics is now with the Office for National Statistics (ONS). This transfer of responsibility was outlined in an ‘In brief’ article in the Feb...
Power plant structures are conspicuously visible and have an impact on our landscape. In the opinion of a critical public, a successful external design can greatly enhance acceptance of an undertaking and its plants. This paper considers the subjects - utilization of by-products, aggregation of series experience in the construction of nuclear power plants, architecture in power plant construction, water works for adequate cooling water supply and also quality assurance in civil engineering and optimum application of electronic data processing. (orig.)
Engelbach, Wolf; Kloyber, Christian; Rigaud, Eric; Wendt, Willi
International audience Civil Society Resilience is an area of crisis management that is complementary to professional response. Crisis managers and response organizations need to integrate individuals, communities and local governments in their management efforts, among others by efficient crisis communication via media and the mobilization and handling of citizens as spontaneous volunteers. DRIVER aims at a campaign of experiments: organizational concepts and IT-solutions will be iterativ...
This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non-binding or so-called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels. PMID:18382849
The events of September 11 have cast a new light on the perceived security of the world's nuclear facilities. Although concerns have persisted that governments might want to divert nuclear material from civil use to secret weapons programs - recent developments in North Korea validate such concerns - the terrorist attacks on US soil have inspired new fears for nuclear sites of insider threats that, if acted upon, could result in either outright sabotage of the facility or diversion of materials, potentially for future terrorist activities. Further, these concerns have increased the importance of preventing material stolen from nuclear facilities in countries with relatively weak security measures from being trafficked illicitly to and used against prime terrorist targets (industrialized countries of Europe and North America). Without international agreements and standards to guide their efforts, the international nonproliferation community now faces these newly emerged challenges of how to protect nuclear materials from insider threats and how to block diverted materials from reaching terrorist hands. The following paper will explore opportunities for agreed-upon and proven integrated safeguards equipment to be used both to counter the insider threat at nuclear facilities by automatically supervising oversight authorities, and to prevent illicit trafficking of nuclear materials by observing personnel and procedures at civil installations. To conclude, the paper will look to future civil applications of safeguards equipment as support for international counter-terrorism and security efforts
Studies carried out within the last ten years on the nature and distribution of extraterrestrial intelligent life are reviewed. Arguments for the absence of intelligent life in the Galaxy based on the assumption that at least some of these would have engaged in colonization and for the presence of colonies of extraterrestrials in some undiscovered location in the solar system are presented, and it is noted that both these views rest on the notion that interstellar travel can be achieved at high velocities in very large vehicles, which has been questioned. Alternative suggestions concerning interstellar exploration by automated probes and the possible extended time scale and motivation for galactic colonization are pointed out. Attention is then given to arguments for the extreme smallness of one of the factors in the Drake equation used to estimate the number of communicative extraterrestrial civilizations in the Galaxy, including the frequency of single stars, the likelihood that planets with the correct initial composition and conditions for life are at the proper distance from their stars, the probability of the formation of DNA and the origin of life, and the time for the evolution of intelligence. It is concluded that it seems likely that other civilizations exist in the Galaxy, although the number and distribution of such civilizations may only be determined by the detection of one or more examples.
@@ The protection of human rights on the part of the accused is the core of modern human rights protection, known as the barometer of human rights conditions of a society.The death sentence is, no doubt, the key in this respect,because the right to live is the most basic human right, an inherent natural right, belonging to the first generation of human rights.The International Covenant on Civil and Political Rights says in Article 6: "Every human being has the inherent right to life.This right shall be protected by law.
Siim, Birte; Meret, Susi
and with accommodating ethno-cultural and religious diversity. Mainstream political parties have since the 1990s been engaged in re-thinking and reframing the relation between the national, the democratic and the social questions. Arguably, it is within these cleavages that the influential Scandinavian populist Danish...... Peoples’ Party managed to mobilise the Danish voters. But while scholarly literature mostly focussed on political parties we propose that an important contribution to the ideological development of populism also comes from movements, such as The Association for Freedom of Speech (Trykkefrihedsselskabet...... to what are designated as ‘our’ values, principles and rights against the threat represented by Islam and Muslim immigration. Finally we look at the role of civil organisations in combating hate speech and crime against the ‘other’....
Phrased in idealistic terms and benefiting from positive and fastidious correlative obligations, the economic, social and cultural rights (ESCR) – or the so-called “claim-rights” – have long been regarded as a “poor relation” of their elder “brothers”, i.e. the civil and political rights (CPR) or “liberty-rights”, which are surrounded by an aura of historic authority and judicial force. These rights have often been pushed by doctrine towards the field of legal rhetoric. However, jurisprudence...
International Labour Review, 1998
Includes "Introduction"; "International Labour Standards and Human Rights" (Valticos); "The Origins of Convention No. 87 on Freedom of Association and the Right to Organize" (Dunning); "Human Rights Law and Freedom of Association" (Swepston); "Freedom of Association" (von Potobsky); "The ILO [International Labour Organization] Declaration of 1998…
Full Text Available Human rights literature up to this point has not adequately addressed what it means to havestructural violations of human rights. This essay uses the theory of structural violence to illuminatehow structural inequalities that systematically deny some people their basic human needs constitute astructural violation of human rights. In making this argument, structural violence theorists defineviolence as the avoidable disparity between the potential ability to fulfill basic needs and their actualfulfillment. The theory further locates the unequal share of power to decide over the distribution ofresources as the pivotal causal factor of these avoidable structural inequalities. Recognizing thatstructural causes are responsible for constrained agency is pivotal in making the transition fromstructural violence to structural violations of human rights. It is the effect of structures on individualagency that results in this gap between potential and actual fulfillment of rights. This essay usesThomas Pogge and Amartya Sen’s work on poverty to substantiate this claim that when agency isconstrained to the extent that fundamental human needs cannot be attained, structural violencebecomes a structural violation of human rights. Applying structural violence to the human rightsdiscourse, there emerges a clear emphasis on the need for special protection of social and economicrights that have for too long been marginalized in favor of civil and political rights. Moreover, theright to development directly addresses concerns raised by the structural violence theory. Specifically,this right recognizes how the unequal distribution of power in global financial institutions and traderegimes results in global inequality and therefore insists on international assistance and cooperationto remedy this glaring injustice. Finally, Audrey Chapman’s ‘violations approach’ is examined as apossible alternative to the current monitoring mechanism for social and economic
Issues of sexual orientation elicit ethical debates in schools and society. In jurisdictions where a legal right has not yet been established, one argument commonly rests on whether schools ought to address issues of same-sex relationships and marriage on the basis of civil equality, or whether such controversial issues ought to remain in the…
Roč. 55, č. 1 (2010), s. 183-205. ISSN 0042-3955 R&D Projects: GA MŠk(CZ) LC06013 Institutional research plan: CEZ:AV0Z90090514 Keywords : intercultural dialogue * human rights * civilization Subject RIV: AA - Philosophy ; Religion
One of the main aims of Women's Civil Work Association (Związek Pracy Obywatelskiej Kobiet) (1928–1939): the largest and the most influential women's organisation of the Sanation political camp in Poland in the interwar period, was the creation of a new model of a woman citizen and forming and educating women, in concordance with ideological and political ideas of the Sanation (the state-forming idea of J. Piłsudski), to be “a new type of citizens”, aware of their rights and duties, who take ...
J. Gilbert; Expert Seminar on Indigenous Cultures and Languages in collaboration with the UN
This presentation was given as part of the Expert Seminar on Indigenous Cultures and Languages in collaboration with the UN by Dr Jeremie Gilbert from the Middlesex University. The seminar, hosted at Brunel University, took place on the 8th and 9th March 2012 and was organised by Brunel Law School's Human Rights Research Centre. The initiative, fronted by Dr Alexandra Xanthaki of Brunel Law School, represents a positive example of how academia, the civil society and the international communit...
Guha-Khasnobis, Basudeb; Vivek, S.
In April 2001 the People's Union for Civil Liberties (PUCL) approached the Supreme Court of India arguing that the government has a duty to provide greater relief in the context of mass hunger. The litigation has now become the best known precedent on the right to food internationally. This paper reviews the litigation with a view to understand various strategies used by the litigants to create and enforce far-reaching entitlements in a near legal vacuum on the right to food. This is followed...
... to access your health information Right to an accounting of disclosures of your health information Right to ... Yes. You have a right to receive an "accounting of disclosures," which is a list of certain ...
Angiography - right heart ... moved forward into the right side of the heart. As the catheter is advanced, the doctor can ... is injected into the right side of the heart. It helps the cardiologist determine the size and ...
Hansen, Thomas Obel
This paper will assess how alternative approaches to transitional justice have the potential for overcoming tensions in between human rights standards. A rule in international law prescribing that states have a duty to prosecute gross human rights violations has emerged. Accordingly, transitional...... societies are said to have an obligation to apply criminal justice in dealing with such past violations. In Rwanda, the transitional government decided to prosecute the perpetrators of the 1994 genocide. As a result of widespread participation in the genocide and a devastated legal sector, difficulties in...... respecting the rights of the accused arose. A group of paralegals known as the "Corps of Judicial Defenders" was thus relied upon as to provide legal assistance for genocide suspects, but also for civil parties. This paper describes the work of these paralegals relating to the transitional trials, and, more...
Full Text Available Diversity of processes in the contemporary international environment and the attendant effects, including security risks bring rapid changes in society. On the other hand, new opportunities and challenges are characterized by globalization of security and modern security paradigm, triggered by the overwhelming number of processes within existing systems of national security that modify the state's role in ensuring the safety of its citizens or residents.In the contemporary security paradigm appears a tendency to provide individual security or deviation to the concept of ensuring security of the individual. Security is becoming a fundamental civil right which requires the synthesis of a wide range of state and social policies, including respect of human rights.International terrorism, as one of the security risks, against which many countries have accepted anti-terrorism laws, which intervene in the free exercise of individual rights and that leads to an imbalance between freedom and security.
Siccardi, F.; M. del Carmen Llasat
The right of a person to be protected from natural hazards is a characteristic of the social and economical development of the society. This paper is a contribution to the reflection about the role of Civil Protection organizations in a modern society. The paper is based in the inaugural conference made by the authors on the 9th Plinius Conference on Mediterranean Storms. Two major issues are considered. The first one is sociological; the Civil Protection organizations and the responsible adm...
Carmen Llasat, M.; Siccardi, F.
The right of a person to be protected from natural hazards is a characteristic of the social and economical development of the society. This paper is a contribution to the reflection about the role of Civil Protection organizations in a modern society. The paper is based in the inaugural conference made by the authors on the 9th Plinius Conference on Mediterranean Storms. Two major issues are considered. The first one is sociological; the Civil Protection organizations and t...
Full Text Available The adoption of the Constitution of the Republic of South Africa, 1996 (the Constitution has provided a sound framework for the elimination of discrimination and prejudice against all members of our society. The Constitution provides for equal recognition of the right to freedom of religion and sexual orientation within the framework of the right to equality. This note aims to provide a brief overview and analysis of the general and potentially problematic features of the Civil Union Act 17 of 2006 (the Act in the context of equality, generally and within realm of the constitutional protection afforded to everyone in South Africa. This contribution is limited to an examination of the quality of the legal protection accorded to same-sex couples as envisaged inthe 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.
Full Text Available Filiation is, in a broad sense, an identity element, dependent or not on the biological relationships, that represents, in some situations, either a condition for the existence of a right (e.g. the right to inheritance or for example to conclude a legal act (e.g. marriage. The proof of filiation is the birth certificate drawn up in civil registry or on the material basis of birth, or on the basis of the adoption judgment. In this paper, we aimed at analyzing the final part of the adoption procedure, the subsequent stage for becoming final the adoption judgment, which sets face to face the adopting person or family and the administrative authority, obliged to execute the judge's decision, i.e. to create a filiation relation between the adopted on the one hand and the adoptive parent or parents.
Silvia Lucia Cristea
This article analyses the institution of the extinctive prescription, first synthesizing the common law stated by the Romanian Civil Code (Section I) and then the special regulation given by the Romanian Code of Fiscal Procedure (Section II) in which we differentiate between the particular legal regime of the extinctive prescription in the area of the rights of claim (Section 2.1-2.2), in the area of the right to initiate the foreclosure (Section 2.3), and in that of the right to ask for comp...
Full Text Available Economic, social and cultural right (“social right” have historically been viewed as distinct in natyre and scope from civil and political right. Rather than being viewed as judicially enforceable rights of immeadiate application, such rights have widely been considered non-justiciable programmatic goals to be archieved progressively within available resources, through political processes. The purpose of this paper is to provide the legal and analytical tools to understand why this dichotomy is false. The paper will consider the international normative framework for the legal protection of social rights, the specific content of state obligations under treaties dealing with such rights, how the international social rights monitoring system functions, and the various obstacles and opportunities currently facing the judicial enforceability of social rights. In every society there is violation which implies its citizen not get proper social right, economical right and cultural right. Proper implementation and adoption of judicial enforcement can reduce this violation rate and established social peace. Step mentioned in the above might not perfect but it might be small starting and ensure social, culture & economical right for the people living in the society.
@@ More than 50 years ago,the United Nations adopted the renowned Universal Declaration of Human Rights. And 40 years passed since the adoption by the United Nations of the International Convention on Civil and Political Rights and the International Convention on Economic,Social and Cultural Rights, and we are also celebrating the 20th anniversary of the adoption of the Declaration on the Right to Development. Our gathering here in Bei-jing, which is themed on "respecting and promoting human rights and building a harmonious world," is therefore important.May I extend, on behalf of the China Society for Human Rights Studies, extend a warm welcome to guests, experts, scholars and other friends present on this occasion.
Silvia Lucia CRISTEA
Full Text Available This article analyses the institution of the extinctive prescription, first synthesizing the common law stated by the Romanian Civil Code (Section I and then the special regulation given by the Romanian Code of Fiscal Procedure (Section II in which we differentiate between the particular legal regime of the extinctive prescription in the area of the rights of claim (Section 2.1-2.2, in the area of the right to initiate the foreclosure (Section 2.3, and in that of the right to ask for compensation and restitution (Section 2.7. The comparison between the legal regime of the extinctive prescription in civil law and its regulation given by the fiscal law it is stated by the last section, structured into similarities and differences.
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
Different phases of realisation to Point 1 : zone of the ATLAS experiment After watching this film you can get the view of the civil engineering work at POINT1 where the ATLAS will be built. 03-11-1998 The video starts with the view of the POINT1 taken from the roof of the building 33. 04-11-1998 View of the installation of the entrance of the SDX1 18/19-11-1998 Installation of the rafters to the building PX15
Alicia María de Mingo Rodríguez
Este artículo intenta mostrar la íntima conexión entre el espíritu que anima la noviolenciaen Mahatma Gandhi y la modalidad de práctica de dicha noviolencia que representala desobediencia civil. No sólo se aborda aquella noviolencia y esta desobediencia en susrasgos básicos, destacándose la perplejidad que suscita la noviolencia en su asimetría eirreprocidad (respecto al acto agresivo), sino que expresamente se intenta articularlasde cara a pensar la relevancia de ambos conceptos para una edu...
Nix-Hodes, Patricia; Heybach, Laurene M.
While the intent of the federal and state homeless education laws is clear, securing the educational rights of students without housing has been a long legal and political struggle in Chicago and Illinois. Education for students experiencing homelessness is a continuation of the civil rights struggle for equality in education and educational…
... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Non-waiver of rights by payments. 179.217 Section 179.217 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS CLAIMS COLLECTION STANDARDS Salary Offset § 179.217 Non-waiver of rights by payments. An employee's...
Rhodehamel, John H.; And Others
This book presents, in words and pictures, a history of the Bill of Rights to the U.S. Constitution. Fifteen chapters in the book are entitled: (1) Origins; (2) The Colonial Experience; (3) The American Crisis: Road to Revolution; (4) New Order of the Ages; (5) The Bill of Rights; (6) The Civil War; (7) A Changing America; (8) War & Reaction; (9)…
Franck, Loren; Carlson, Stephen D.
Forty-nine introductory psychology students (28 female, 21 male) at the Mormon Church's Brigham Young University in Utah were tested to determine the effects of a pro-feminist, pro-Equal Rights Amendment demonstration by the Utah Women's Rights Movement on attitudes toward the women's movement, civil demonstrations, and Mormon Church leaders.…
... 29 Labor 4 2010-07-01 2010-07-01 false Notice of right to sue: Procedure and authority. 1601.28... PROCEDURAL REGULATIONS Procedure for the Prevention of Unlawful Employment Practices Procedure Concerning the Institution of Civil Actions § 1601.28 Notice of right to sue: Procedure and authority. (a) Issuance of...
The positioning of the power contractual law in relation to the general civil law. About the determination of mutual rights and obligations between customers, suppliers and grid operators. A suggestion according to reorganization; Die Stellung des Energievertragsrechts im Verhaeltnis zum allgemeinen Zivilrecht. Zur Bestimmung gegenseitiger Rechte und Pflichten zwischen Kunden, Lieferanten und Netzbetreibern. Ein Vorschlag der Neugestaltung
Despite the amendments of the energy law in 1998 and 2005, a competition in the supplier's market could not be created, and household customers could not be animated with regard to a trade acceptance. As a consequence, the author of the contribution under consideration reports on a new overall concept for the arrangement of relations between power suppliers, grid operators and final consumers. Furthermore, a competition in the base load power supply. A lot of hindrances on the way to more competition in the power sector can be avoided if the legislator could regulate the power supply contract in the civil code and if the legislator would allow a sufficient margin in the creation of the general terms and conditions.
Full Text Available O que se observa atualmente é um aumento no processo de desenvolvimento social que abrange, praticamente, todas as áreas da ciência. Essa conscientização global assegura direitos bem definidos para toda a sociedade, bem como deveres para os profissionais que detêm o conhecimento científico. Em virtude disso, surge o aumento de conflitos entre profissionais de todas as áreas com seus clientes, assim como de dentistas para com seus pacientes. A preocupação desse estudo é apresentar aspectos relacionados à natureza legal e ética a que os ortodontistas estão submetidos, diariamente, em suas clínicas, mencionando aspectos pilares da responsabilidade civil do ordenamento jurídico atual, como também a postura ética que o ortodontista deverá ter com seu assistido.Considering the social development process, an increase that practically embraces all the areas of science is observed nowadays. This global consciousness properly assures defined rights to the society as a whole, as well as duties to the professionals who detain the scientific knowledge. Therefore, the increase of conflicts among professionals from all fields and their clients, and among the odontologists and their patients arouses. The purpose of this study is to show aspects related to the legal and ethical nature to which the orthodontists are daily submitted to, in their offices, mentioning the main aspects of the civil responsibility of the current juridical ordering, as well as the ethical posture that the orthodontist must have in relation to his patient.
A. G. Kislov; Y. M. Kropaneva
The paper looks at the issue of the human right for decent life and its direct link with education that facilitates the observance of civil, political, economic and cultural rights and is regarded both as a condition and consequence of fulfilling the decent life idea. The chances of a non-educated and poorly educated people for the decent life are doubtful, not to speak of the civil and political rights that can’t be properly exploited. The authors give the retrospective analysis concerning t...
This is the 26. article in our series Trouble on the Far-Right. In Poland, the long lasting culture war1 over gender roles and religion has been easily framed by the far right into Samuel Huntington’s concept of the “clash of civilizations”. A well-known juxtaposition used in right-wing propaganda: ‘civilization of life’ vs. ‘civilization of death’ in reference to anti-abortion and pro-choice movements respectively is now used to refer to Christians and Muslims. The role of Polish women a...
Markussen, Thomas; Tarp, Finn; Van Den Broeck, Katleen
Studies of land property rights usually focus on tenure security and transfer rights. Rights to determine how to use the land are regularly ignored. However, user rights are often limited. Relying on a unique Vietnamese panel data set at both household and plot levels, we show that crop choice...
Markussen, Thomas; Tarp, Finn; Van Den Broeck, Katleen
Studies of land property rights usually focus on tenure security and transfer rights. Rights to determine how to use the land are regularly ignored. However, in transition economies such as Vietnam and China, user rights are often limited. Relying on a unique Vietnamese panel data set at both...
Helmut K. Anheier; Katz, Hagai; Lam, Marcus
In its focus on the relationships between civil society activity across the political spectrum, communications and democratic change, Global Civil Society 2007/8 explores how activists and organisations are exploiting the effects of globalisation to create or expand spaces for debate and discussion, often using new forms of communications, even in closed regimes such as Burma, Iran and China. In addition to a focus on the civil society activity in illiberal regimes, this edition of the Yearbo...
This book presents a study on democracy and civil society in non-Western countries. Like other discourse on democracy and modernization, civil society emerged in the West with its specific culture and tradition. Therefore the development of discourse on civil society in non-Western countries has raised a question: Is a social system that emerged in a particular culture compatible to a society with different culture and tradition? Among other things, the book edited by Robert W. Hefner i...
Full Text Available The article outlines the main trends of compulsory insurance of civil liability in Russia : problems, trends and prospectsInsurance of civil liability – one of the popular forms of distribution and security in the world. The essence of compulsory insurance of civil responsibility is to protect the property interests of individuals. The development of liability insurance goes along with technological progress and reinforced by various laws and regulations, it touches almost all areas of life.
Sean Bolks; Richard Stoll
Samuel Huntington's article and book on the clash of civilizations has created a great deal of controversy and interest. The focus of this is his assertion that in the post-Cold War era, there will be significant conflict between states from Western civilization and states from Islamic civilization. This assertion has been the subject of a number of systematic empirical studies (Henderson, 1997, 1998; Henderson and Tucker, 2001; Russett, Oneal and Cox, 2000; Chiozza, 2002). These studies shar...
Abdibekov Nazarbay; Baimakhanova Dina Muratovna
Main goal of activity of government and the Kazakhstan reforms in the fundamental principle is construction and development of the constitutional state and civil society. The concept of development of civil society and formation of the modern open state allow solving problems of interaction of the population and authorities. The democracy in its full realization provides differentiation of civil society and state by means of certain mechanisms of influence of citizens on activity of governmen...
Djankov, Simeon; Reynal-Querol, Marta
Previous research has interpreted the correlation between per capita income and civil war as evidence that poverty is a main determinant of conflict. In this paper, we find that the relationship between poverty and civil war is spurious and is accounted for by historical phenomena that jointly determine income evolution and conflict. In particular, the statistical association between poverty and civil wars disappears once we include country fixed effects. Also, using cross-section data for 19...
The author defines terms and concepts discussed in an Expert Group Meeting on Civil Society Participation in Fiscal Policy held at UN headquarters in New York City. He addresses first the question, What is civil society? The term is used in varied ways by different writers, which makes communication difficult and impedes clarity of thought. Second, he attempts to categorize and synthesize the many ways that civil society participates in the budget process.
With the social and economic development, the civil aviation industry of China is experiencing rapid growth. This growth will lead to more CO2 emissions. Carbon dioxide emissions and greenhouse effect are already serious problems especially in China, but also all over the world. Civil aviation has brought environmental pollution in the context of improving social activity and economic growth. Because of civil aviation, the rapid increase of the total amount of air pollutants are also in...
Analyzes the associations among moral autonomy, civil liberties and Confucianism. Concept of moral autonomy; Elements of moral living; Application of moral autonomy in Confucian ethics; Theories of freedom.