WorldWideScience

Sample records for civil rights

  1. Getting the Civil War Right

    Science.gov (United States)

    Loewen, James W.

    2011-01-01

    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…

  2. 14 CFR 1274.924 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 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...

  3. 7 CFR 3560.2 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil rights. 3560.2 Section 3560.2 Agriculture... DIRECT MULTI-FAMILY HOUSING LOANS AND GRANTS General Provisions and Definitions § 3560.2 Civil rights. (a... prohibition under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d and Title VI regulations...

  4. 7 CFR 761.3 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 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...

  5. 50 CFR 401.22 - Civil rights.

    Science.gov (United States)

    2010-10-01

    ... 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...

  6. 30 CFR 881.12 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 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. The Transformed Civil Rights Data Collection (CRDC)

    Science.gov (United States)

    Office for Civil Rights, US Department of Education, 2012

    2012-01-01

    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…

  8. 38 CFR 21.7310 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Civil rights. 21.7310... Bill-Active Duty) Administrative § 21.7310 Civil rights. (a) Delegation of authority concerning Federal... Rights Act of 1964; (2) Title IX, Education Amendments of 1972, as amended; (3) Section...

  9. 7 CFR 250.21 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... rights. Distributing agencies, subdistributing agencies and recipient agencies shall comply with the 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...

  10. Department of Health and Human Services, Office for Civil Rights

    Science.gov (United States)

    ... Z Index About Us Filing with OCR Civil Rights Health Information Privacy Newsroom HHS Home > Office for Civil ... Civil Rights Filing with OCR File a civil rights or health information privacy complaint. Newsroom Read the latest OCR ...

  11. International Covenant on Civil and Political Rights

    Directory of Open Access Journals (Sweden)

    Catalina Mititelu

    2013-08-01

    Full Text Available According to the Covenant on Civil and Political Rights adopted by the United Nations, in 1966, the human being who enjoy his civil and political rights, enjoy in fact that “humanitas dignitas” (human dignity, since these rights derive from this. That is why this Covenant stipulated that the States parties are obligated to assure both the recognitions of these rights and their exercise and juridical protection.

  12. 7 CFR 1709.18 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 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...

  13. 7 CFR 1735.15 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1735.15 Section 1735.15 Agriculture Regulations of the Department of Agriculture (Continued) RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE... Policies § 1735.15 Civil rights. Borrowers are required to comply with certain regulations...

  14. 42 CFR 59.209 - Civil rights.

    Science.gov (United States)

    2010-10-01

    ... 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...

  15. 30 CFR 880.16 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 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...

  16. 50 CFR 82.20 - Civil rights.

    Science.gov (United States)

    2010-10-01

    ... 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...

  17. 28 CFR 65.52 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 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...

  18. 7 CFR 3550.3 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 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...

  19. 28 CFR 33.52 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Civil rights. 33.52 Section 33.52 Judicial Administration DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Criminal Justice Block Grants Additional Requirements § 33.52 Civil rights. The Justice Assistance Act provides that...

  20. Civil Rights and Japanese-American Internment.

    Science.gov (United States)

    Francis, Greg; Hojo, Samantha; Lai, Selena; Mukai, Gary; Yoda, Steven

    Students may not be as familiar with the Asian American struggle for equal rights as they are with the black struggle for equal rights. But Asian Americans' civil rights have also been challenged and/or denied throughout their history in the United States. This curriculum module contains six lessons and can be used as a supplement to history…

  1. Rhetorical Alliances in the Civil Rights Era.

    Science.gov (United States)

    Asante, Molefi Kete

    1985-01-01

    Analyzes the rhetorical mode of the civil rights movement and gives some attention to the problematic convergence of white and Black progressive writers. Focuses on two recurring metaphors used to describe the condition of Blacks: invisibility and Black Power. (KH)

  2. Globalization of Constitutional Law and Civil Rights.

    Science.gov (United States)

    Weissbrodt, David

    1993-01-01

    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)

  3. State Education Agency Civil Rights Responsibilities.

    Science.gov (United States)

    Siegel, Peter

    This memorandum addresses the responsibility of State Education Agencies (SEAs) for insuring that local educational agencies do not violate students' civil rights. The SEA's duty is said to arise from two sources. First, in most if not all States, State law mandates that State education officials supervise and regulate the conduct of local school…

  4. Civil Rights in the Third Wave.

    Science.gov (United States)

    Toffler, Alvin

    1982-01-01

    Current political and legal institutions must be restructured to accommodate the new, higher levels of social diversity brought about by technological progress. Those who are committed to civil rights should recognize the need to tolerate and even encourage diversity, instead of attempting to recreate the homogeneity of yesterday's mass society.…

  5. A Changing Climate for Civil Rights.

    Science.gov (United States)

    Keller, Edward B.

    1983-01-01

    Identifies trends likely to influence civil rights issues in the 1980s: new emphases on entrepreneurial thinking, self-reliance, and meritocracy; a new socioeconomic agenda; and growing expectations that business will fill the gap left by shrinking government budgets and will support efforts to end discrimination against minorities and women. (CMG)

  6. 7 CFR 1738.17 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 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...

  7. Lyndon B. Johnson and the Civil Right Act of 1964

    Directory of Open Access Journals (Sweden)

    Karatzas Konstantinos D.

    2016-09-01

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

  8. Lyndon B. Johnson and the Civil Right Act of 1964

    OpenAIRE

    Karatzas Konstantinos D.

    2016-01-01

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

  9. 40 CFR 35.925-9 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Civil rights. 35.925-9 Section 35.925-9... ASSISTANCE Grants for Construction of Treatment Works-Clean Water Act § 35.925-9 Civil rights. That if the... the Civil Rights Act of 1964 and part 7 of this chapter have been met....

  10. New Civil Rights Act Coverages - Progress or Racism?

    Science.gov (United States)

    Martin, Galen

    1975-01-01

    The growing list of added coverages in state and local civil rights laws is diluting the fight against racial discrimination by weakening enforcement through loading civil rights agencies with many new areas of coverage which are diverting them from their original purpose of ending discrimination against racial and religious minorities. (EH)

  11. Ordinary People, Ordinary Places: The Civil Rights Movement. [Lesson Plan].

    Science.gov (United States)

    2002

    Martin Luther King, Jr. framed the goals and strategies of the Civil Rights Movement for a national audience, and with his message of nonviolent protest, he inspired ordinary African Americans to demand equal rights as American citizens. This lesson focuses on the individual men and women who embraced King's message and advanced the Civil Rights…

  12. Civil Affairs Authorities Bent on Protecting People s Basic Rights

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

    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.

  13. Fixing Images: Civil Rights Photography and the Struggle Over Representation

    Directory of Open Access Journals (Sweden)

    Berger, Martin A.

    2010-10-01

    Full Text Available "Fixing Images" argues that the iconic photographs of civil rights played a key role in limiting the racial reforms of the 1960s. The famous photographs of dogs and fire hoses turned against peaceful black marchers in Birmingham, or of tear gas and clubs wielded against voter-rights marchers in Selma are routinely credited with galvanizing the sympathy of liberal whites in the north for the plight of blacks in the south and of smoothing the wayfor civil rights legislation. What goes unsaid is how the photographs moved whites to accept legislative and social reforms by perpetuating a picture of white control. The article illustrates how white sympathy was contingent on images that consistently displayed blacks as the passive and hapless victims of active and violent whites. And it demonstrates how the iconic images of civil rights ultimately limited efforts to enact – or even imagine – reforms that threatened to upend the racial balance of power.

  14. EXERCISE WITH BAD FAITH OF SUBJECTIVE CIVIL RIGHTS

    Directory of Open Access Journals (Sweden)

    NICOLAE GRADINARU

    2012-05-01

    Full Text Available The abuse of rights is qualified as civil offence and it may not be different from that of aquilian responsibility, the purpose of its sanction is to protect the victim and not to punish the author. In the Romanian legal doctrine, the abuse of rights was defined as “the exercise of a civil subjective right by breaching the principles of its exercise.” The Constitutional Court held that the person exercising in bad faith and abusively his/her subjective or procedural rights is punishable by appropriate penalties, such as: dismissal of his/her legal action, obligation to bear the costs, application of certain court fines, etc.

  15. Bringing Civil Rights Figures to the "Peace Table"

    Science.gov (United States)

    Ledbetter, Mary; Field, Sherry L.; Baumi, Michelle

    2013-01-01

    In a fifth grade classroom at The University of Texas Elementary School (UTES), a unit on the Constitution sets the stage for a year of integrated learning. The very next unit of study focuses on the civil rights movement. Teaching UTES students, who come from diverse backgrounds, means exposing them to many points of view so that they may form…

  16. Civil Rights Issues Facing Arab Americans in Michigan.

    Science.gov (United States)

    Michigan State Advisory Committee to the U.S. Commission on Civil Rights.

    This report is a summary statement of the Michigan Advisory Committee's study on civil rights issues facing Arab American communities in Michigan. It is based on information received by the Committee at a community forum held in Dearborn, Michigan, in 1999. Six sections focus on: (1) "Introduction," including Arab American demographics…

  17. Equity Overlooked: Charter Schools and Civil Rights Policy

    Science.gov (United States)

    Frankenberg, Erica; Siegel-Hawley, Genevieve

    2009-01-01

    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…

  18. Teaching the Civil Rights Era: A Student-Active Approach

    Science.gov (United States)

    Dunn, Joe P.

    2005-01-01

    The civil rights movement is the most important historical event of the last fifty years, and it remains central to contemporary society. For all the purported attention at the elementary and secondary school levels, students and their teachers appear to know very little if anything beyond the names Martin Luther King, Jr. and Rosa Parks. Student…

  19. The Civil Rights Act and the Weight of History

    Science.gov (United States)

    Wiley, Terrence G.

    2015-01-01

    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…

  20. Alexander v. Sandoval:A Setback for Civil Rights

    Directory of Open Access Journals (Sweden)

    Kevin G. Welner

    2001-06-01

    Full Text Available This article confronts the serious implications of a recent U.S. Supreme Court decision, Alexander v. Sandoval, which eliminated an important legal avenue for civil rights plaintiffs. For over 35 years, individuals have been allowed to bring lawsuits directly challenging violations of rights set forth in the federal regulations implementing Title VI of the 1964 Civil Rights Act. Because these actions could be grounded in proof of disparate impact, rather than discriminatory intent, they allowed for some claims that could not go forward under other legal authorities, such as the Fourteenth Amendment. While the author concludes by identifying key remaining options, he highlights the real damage done by this decision.

  1. Equality, Diversity and Opportunity: Civil Rights and Affirmative Action in the 1990s.

    Science.gov (United States)

    Winston, Judith A.

    1991-01-01

    Challenges to civil rights and affirmative action in the 1990s are identified. Five cases of racial, sex, ethnic, and reverse discrimination behind the Civil Rights bills of 1990 and 1991 are discussed. The ultimate challenge is to demonstrate that if civil rights litigants win, others need not lose. (SLD)

  2. 77 FR 23229 - Submission for OMB Review; Assurance of Compliance-Civil Rights Certificate

    Science.gov (United States)

    2012-04-18

    ... Submission for OMB Review; Assurance of Compliance--Civil Rights Certificate SUMMARY: The Office for Civil Rights (OCR) has enforcement responsibilities under several civil rights laws, including Title VI, Title... ``Download Attachments'' to view. Written requests for information should be addressed to U.S. Department...

  3. The Impact of the Civil Rights Movement on the Women's Movement.

    Science.gov (United States)

    O'Connor, Karen

    1988-01-01

    States that the civil rights movements served as a catalyst to women in working for their own rights. Points out that the American Civil Liberties Union (ACLU) Women's Rights Project, modeled after the National Association for the Advancement of Colored People (NAACP) Legal Defense fund, led the litigation battles for women's rights. Lists…

  4. 10 CFR 1.37 - Office of Small Business and Civil Rights.

    Science.gov (United States)

    2010-01-01

    ... 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...

  5. Integrated human rights and poverty eradication strategy: the case of civil registration rights in Zimbabwe.

    Science.gov (United States)

    Musarandega, Reuben

    2009-01-01

    High poverty levels characterise sub-Saharan Africa, Zimbabwe included. Over 80 per cent of Zimbabwe's population lived below the total consumption poverty line and 70 per cent below the food poverty line in 2003. This plummeting of social indicators resulted from the freefall suffered by the country's economy from the 1990s, after unsuccessful attempts to implement structural adjustment programmes prescribed by international financial institutions. The ensuing socioeconomic decay, political crisis and international isolation of the country from the late 1990s reversed gains made in social indicators during the 1980s. Development theories attribute poverty to unchecked population growth, political, economic and environmental mismanagement, while developing countries' leaders attribute it to historical imbalances and global political and economic injustices. Despite this debate, poverty continues to evolve, expand and deepen and the need to eradicate it has become urgent. The complex question of what causes and what drives poverty is perpetually addressed and new ideas are emerging to answer the question. One recent view is that failure to centre development on people and to declare poverty a violation of human rights has allowed poverty to grow the world over. This study uses a hypothesised cause of poverty - civil registration - to exemplify the human right nature of poverty, and how a human rights' policy can be used as an instrument to eradicate poverty. The study demonstrates that civil registration is a right of instrumental relevance to poverty; and achieving civil registration grants people access to numerous other rights, some of which will lift them out of poverty, while the failure of civil registration deprives people of access to livelihoods, thereby entrenching them in poverty.

  6. 75 FR 38824 - Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties...

    Science.gov (United States)

    2010-07-06

    ... religion, by employees and officials of the Department of Homeland Security. The Department's civil rights.../ religion (CRCL does not solicit this information, it is tracked if individuals provide it);...

  7. 41 CFR 105-53.130-2 - Office of Ethics and Civil Rights.

    Science.gov (United States)

    2010-07-01

    ... the Ethics in Government Act of 1978. The principal statutes covering the Civil Rights Program are... Property Management Regulations System (Continued) GENERAL SERVICES ADMINISTRATION 53-STATEMENT...

  8. 76 FR 35949 - Agency Information Collection (Civil Rights Discrimination Complaint) Activity Under OMB Review

    Science.gov (United States)

    2011-06-20

    ... (Civil Rights Discrimination Complaint) Activity Under OMB Review AGENCY: Veterans Health Administration... Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the... refer to ``OMB Control No. 2900-0662.'' SUPPLEMENTARY INFORMATION: Title: Civil Rights...

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

    Science.gov (United States)

    Epstein, Richard A.

    2014-01-01

    In January, 2014, the Civil Rights Division of the Department of Justice (DOJ) and the Office for Civil Rights in the Department of Education (ED) issued a joint "Dear Colleague Letter" to K-12 schools. The topic discussed in their joint letter is whether administrators are punishing minority children more harshly than white children for…

  10. Women’s Contributions in African-American Civil Rights Movement

    Institute of Scientific and Technical Information of China (English)

    王姗姗

    2015-01-01

    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.

  11. Women’s Contributions in African-American Civil Rights Movement

    Institute of Scientific and Technical Information of China (English)

    王姗姗

    2015-01-01

    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.

  12. Civil Rights Project's Response to "Re-Analysis" of Charter School Study

    Science.gov (United States)

    Civil Rights Project / Proyecto Derechos Civiles, 2010

    2010-01-01

    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…

  13. Martin Luther King, Jr., the Civil Rights Movement, and Educational Reform.

    Science.gov (United States)

    Willie, Charles Vert; Sanford, Jayminn Sulir

    1991-01-01

    Educational opportunity and civil rights are the bedrock of America's best and worst attempts to achieve pluralism. The civil rights movement shook the nation's moral fiber, weakening only after reaching the highest governing bodies. Educational reform efforts could learn much from this lesson in successful social transformation. Educational…

  14. 76 FR 73985 - Redelegation of Administrative Authority for Title VI of the Civil Rights Act of 1964

    Science.gov (United States)

    2011-11-29

    ... URBAN DEVELOPMENT Redelegation of Administrative Authority for Title VI of the Civil Rights Act of 1964... Opportunity (FHEO) supersedes all redelegations of authority under Title VI of the Civil Rights Act of 1964... pertaining to civil rights statutes. Included in that consolidated delegation is, all authority to act as...

  15. Civility: The Right Thing to Teach in Contentious Times

    Science.gov (United States)

    Nilsen, Alleen Pace

    2008-01-01

    Drawing attention to widespread instances of discourteous speech and hate discourse that permeate US and world culture, Alleen Pace Nilsen maintains that our imperative as educators is to teach "students the benefits of being civil to each other." She proposes some avenues for enriching students' understanding of the power of civil language.

  16. 宪法上的Civil Rights是公民权利吗?--解读constitutional civil rights%Is Constitutional Civil Rights the Citizen's Rights?

    Institute of Scientific and Technical Information of China (English)

    郑贤君

    2004-01-01

    作为西方法律文化的产物,constitutional civil rights有其独特的自然法背景.本文通过对西方法律思想史、宪法史和美国最高法院司法实务见解的梳理与综合分析,认为将constitutional civil rights译为"公民权利"属于误读,它混淆了依据人的属性和依据公民资格而获得的权利之间的道德区别.应将其译为"私人权利",明确这一权利体系的前国家与超国家特征,使其区别于实证法律传统之下个人依赖作为政治社会成员资格所享有的公民权利,并区分宪法权利与民事权利之间的差异.在法官的解释下,constitutional civil rights还呈现出开放特性,是一个能够感应时代变化的、发展的权利体系.

  17. In Support of Civil Rights: Taking On the Initiative. LEAP (Leadership Education for Asian Pacifics, Inc.) Special Report, Proposition 209, "The California Civil Rights Initiative."

    Science.gov (United States)

    Leadership Education for Asian Pacifics (LEAP) Asian Pacific American Policy Inst.

    Proposition 209 is a statewide constitutional amendment initiative in California, which, if passed in November 1996, will eliminate all statewide affirmative action programs. It is argued that, contrary to its title, this amendment is an extreme and unnecessary measure that will actually undermine further advances in civil rights. There are…

  18. New Challenges: The Civil Rights Record of the Clinton Administration Mid-Term. Report of the Citizens' Commission on Civil Rights.

    Science.gov (United States)

    Yu, Corrine M., Ed.; Taylor, William L., Ed.

    This report is the work of the Citizens' Commission on Civil Rights, a bipartisan group of former federal officials with responsibility for equal opportunity. Part 1 contains three chapters: (1) "Introduction"; (2) "Executive Summary and Review"; and (3) "Recommendations of the Commission." Part 2 contains the…

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

    Science.gov (United States)

    Schmidt, Sandra J.

    2014-01-01

    Same-sex marriage is part of a global civil rights struggle for LGBQ rights. How this movement is framed, advanced, and critiqued across the globe can be linked to how young people in schools are prepared to deliberate social issues in the political sphere. This article examines national history books as cultural artifacts that present what is…

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

    OpenAIRE

    Shannon Lack

    2008-01-01

    In response to increasing public awareness of human trafficking in the United States, the Victims of Trafficking and Violence Protection Act (TVPA) was signed into law by President Bill Clinton in October of 2000. The TVPA consolidated existing legislation to create a comprehensive civil remedy; this ensures that trafficking victims are no longer forced to seek redress under multiple criminal and civil statutes that target only components of the human trafficking offense. However, despite its...

  1. The Fundamental Rights Agency and Civil Society: Reminding the Gardeners of their Plants’ Roots

    Directory of Open Access Journals (Sweden)

    Morten Kjaerum, Gabriel N. Toggenburg

    2012-10-01

    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.

  2. [Civil rights responsibility of the physician: content and limits].

    Science.gov (United States)

    Laufs, A

    1995-11-01

    The article illustrates how court opinion has shaped the malpractice issue for medical doctors during the last 40 years and places this development in the general context of civil liability. Jurisprudence in the higher courts has been generally moderate in its steady interpretation of material and procedural questions to illustrate the issue of contractual liability and negligence for physicians and hospitals and also to secure wide-spread legal precedence. A prediction of the future legal development gives rise, however, to some misgivings. Not only will the issue of negligence without fault be questioned but also that of malpractice. This constitutive element of self-employment must not be weakened in any way. Financial, personal, or equipment deficiencies must not be allowed to become liability risks for medical doctors as a matter of course.

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

    Science.gov (United States)

    London, Leslie; Schneider, Helen

    2012-01-01

    While neoliberal globalisation is associated with increasing inequalities, global integration has simultaneously strengthened the dissemination of human rights discourse across the world. This paper explores the seeming contradiction that globalisation is conceived as disempowering nations states' ability to act in their population's interests, yet implementation of human rights obligations requires effective states to deliver socio-economic entitlements, such as health. Central to the actions required of the state to build a health system based on a human rights approach is the notion of accountability. Two case studies are used to explore the constraints on states meeting their human rights obligations regarding health, the first drawing on data from interviews with parliamentarians responsible for health in East and Southern Africa, and the second reflecting on the response to the HIV/AIDS epidemic in South Africa. The case studies illustrate the importance of a human rights paradigm in strengthening parliamentary oversight over the executive in ways that prioritise pro-poor protections and in increasing leverage for resources for the health sector within parliamentary processes. Further, a rights framework creates the space for civil society action to engage with the legislature to hold public officials accountable and confirms the importance of rights as enabling civil society mobilization, reinforcing community agency to advance health rights for poor communities. In this context, critical assessment of state incapacity to meet claims to health rights raises questions as to the diffusion of accountability rife under modern international aid systems. Such diffusion of accountability opens the door to 'cunning' states to deflect rights claims of their populations. We argue that human rights, as both a normative framework for legal challenges and as a means to create room for active civil society engagement provide a means to contest both the real and the

  4. Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part V--Outdoor Pursuits as an Extracurricular Alternative for Addressing Office of Civil Rights Guidance

    Science.gov (United States)

    Davis, Timothy D.; Felix, Manny

    2013-01-01

    The Office of Civil Rights (OCR) recently clarified that schools are required to provide students with disabilities (SWD) equal opportunities to participate in extracurricular activities (U.S. Department of Education [USDE] Office for Civil Rights, 2013). Schools have flexibility to design and expand extracurricular opportunities based on existing…

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

    Science.gov (United States)

    Kim, Joon K.

    2014-01-01

    This paper examines the politics of South Korea's multicultural discourse and locates its recent development in the context of a broader analytical discussion about multiculturalism. Utilizing the historical experience of the USA, this paper identifies the three orders of multiculturalism. Up until the civil rights movement of the 1950s and 1960s,…

  6. Nation Building and the Rule of Law: Lessons from the Civil Rights Movement

    Science.gov (United States)

    2006-10-23

    establish new power relationships with each other, yet all too often it is easiest to focus solely on the national level. Just as the Civil Rights...prevent interracial contact142-Nov – FBI finally gets all voter registration records originally requested in 1959143 -Sep, investigators from the

  7. Fostering Historical Thinking toward Civil Rights Movement Counter-Narratives: Documentary Film in Elementary Social Studies

    Science.gov (United States)

    Buchanan, Lisa Brown

    2015-01-01

    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…

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

    Directory of Open Access Journals (Sweden)

    Karatzas Konstantinos D.

    2016-04-01

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

  9. School District Liability for Federal Civil Rights Violations under Section 1983.

    Science.gov (United States)

    Sorenson, Gail Paulus

    1993-01-01

    Section 1983 of the 1871 Civil Rights Act includes the option of money damages for violations of the Constitution and federal laws. The focus of this paper is on the scope and limit of school district liability. Questions decisions where boards may have avoided liability by intentional ignorance of inaction in the face of supervisory incompetence.…

  10. Liability for Sexual Harassment Involving Students under Federal Civil Rights Law.

    Science.gov (United States)

    Beckham, Joseph

    1995-01-01

    Discusses school district liability for sexual harassment under two provisions of federal law that are typically invoked as alternative bases for liability for sexual harassment: Title IX of the Education Amendments of 1972 and Section 1983 of the Civil Rights Act of 1964. (78 footnotes) (MLF)

  11. 24 CFR 108.21 - Civil rights/compliance reviewing office compliance responsibility.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Civil rights/compliance reviewing office compliance responsibility. 108.21 Section 108.21 Housing and Urban Development Regulations Relating to Housing and Urban Development OFFICE OF ASSISTANT SECRETARY FOR EQUAL OPPORTUNITY,...

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

    Science.gov (United States)

    Slate, Nico

    2011-01-01

    As a young child, Barack Obama learned about the civil rights movement from his mother. Obama's mother strove to instill in her multiracial son pride in being more than just literally African American. There is much to learn from Obama's history, understood both as the story of his life and as what Obama himself has said about his past and the…

  13. John F. Kennedy's Civil Rights Discourse: The Evolution from "Principled Bystander" to Public Advocate.

    Science.gov (United States)

    Goldzwig, Steven R.; Dionisopoulos, George N.

    1989-01-01

    Argues that President John F. Kennedy's civil rights discourse evidences an important evolutionary pattern marking a transition from legal argument to moral argument. Highlights two speeches as exemplars of this change. Asserts that this analysis is useful in the study of contemporary presidential discourse during times of domestic crisis. (MM)

  14. Choice without Equity: Charter School Segregation and the Need for Civil Rights Standards

    Science.gov (United States)

    Frankenberg, Erica; Siegel-Hawley, Genevieve; Wang, Jia

    2010-01-01

    Seven years after the Civil Rights Project first documented extensive patterns of charter school segregation, the charter sector continues to stratify students by race, class and possibly language. This study is released at a time of mounting federal pressure to expand charter schools, despite on-going and accumulating evidence of charter school…

  15. Our Grandparents' Civil Rights Era: Family Letters Bring History to Life

    Science.gov (United States)

    McCormick, Willow

    2013-01-01

    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…

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

    Science.gov (United States)

    Mills, Shirley J.

    2006-01-01

    This article profiles Marian Wright Edelman, a crusader for civil and children's rights. She was born June 6, 1939, at a time when prejudice and segregation were the norm. The Wright family lived in a small, southern town of Bennetsville, South Carolina, where Marian was the youngest of five children. Her father, the Reverend Arthur Jerome Wright,…

  17. 民法总则如何反映民事权利?%How General Principles of Civil Law Reflects Civil Right?

    Institute of Scientific and Technical Information of China (English)

    崔建远

    2015-01-01

    Although General Principles of Civil Law is not suitable to adopt a linear listing of regula⁃tions of property ownership right, rights related to the former such as property right, creditor ’s rights, intellectual property, right of inheritance, it can not transfer completely all the civil right regu⁃lation to the compilation of each individual principle but sets up a general regulation of civil right, whose regulation range should be restricted by the system and the content of each chapter, by the content regulated by the civil code and by the idea and guiding thought pursued by the civil code. Civil code should not only require the establishment and implementation of civil right not be against the public order and good custom, follow principle of being honest and trustworthy, but also set up regulations about the composition, types and efficacy of expectation right and debate right. Even if General Principles of Civil Law or civil code can not include all the civil rights, they cannot advo⁃cate blindly“Everything is permitted, which is not forbidden by law”.%民法总则虽然不宜再沿用民法通则一字排开地规定财产所有权、与财产所有权有关的财产权、债权、知识产权、继承权等类型,但并不可将民事权利的规范完全交给民法典的各分则编,而是应当设置民事权利的一般规则,其规范范围受制于民法总则的体系及其章节内容,受制于民法典所规制的内容,受制于民法典奉行的理念、指导思想。民法总则不但应规定民事权利的设立及行使不得违背公序良俗原则,应当遵循诚实信用等原则,而且应就期待权、抗辩权的构成、类型、效力等内容设置必要的规范。即使民法总则乃至民法典无法将所有的民事权利规范收拢在怀,也不可盲目地高倡“法不禁止即自由”。

  18. A white dean and black physicians at the epicenter of the civil rights movement.

    Science.gov (United States)

    deShazo, Richard D; Smith, Robert; Skipworth, Leigh Baldwin

    2014-06-01

    Robert Q. Marston, MD, a gregarious Rhodes and Markel Scholar, native Virginian, and well-connected National Institutes of Health-trained medical scientist found himself the new dean and hospital director of a promising academic medical center at age 38. It was 1961 and the University of Mississippi Medical Center (UMMC) in Jackson was, unknown to him, about to be at the geographic center of the struggle for African American civil rights. That struggle would entangle UMMC in a national search for social justice and change the course of American history and American medicine. Shortly after his arrival, the new dean received and refused a written request from the Secretary of the Mississippi Chapter of the National Medical Association (NMA) to make educational venues at the segregated medical center available to black physicians. The same year, UMMC became the primary medical provider for sick and injured Freedom Riders, sit-in and demonstration participants, and others who breached the racial divide defined by the state's feared Sovereignty Commission. That divide was violently enforced by collaboration among law enforcement, Citizens' Councils, and the Ku Klux Klan. The crescendo of the civil rights struggle that attended Marston's arrival included a deadly riot following James Meredith's integration of the Ole Miss campus in Oxford in 1962, the death of National Association for the Advancement of Colored People (NAACP) Field Secretary Medgar Evers at UMMC in 1963, a national controversy over UMMC's role in the autopsies of 3 civil rights workers murdered in Neshoba County, an attempt at limited compliance to Title VI of the Civil Rights Act of 1964, and a federal civil rights complaint against UMMC by the NAACP Legal and Educational Fund in 1965. That complaint noted that UMMC was out of compliance with the Civil Rights Act of 1964 and seriously threatened its federal funding and academic operations. Marston developed a compliance strategy that included the hiring

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

    Directory of Open Access Journals (Sweden)

    Petrović Nikola M.

    2013-01-01

    Full Text Available Treatment of persons with psychological difficulties varied in different historical periods, but in its essence remained similar until today. It included an inhumane relationship towards these persons, involuntary treatment through torture, and isolation from society as a kind of punishment for their diversity. It was not until the late 19th century that the relationship of society towards these individuals started to improve gradually, but in the 21st century isolation of these individuals still remained the dominant form of acceptable social solution for the “problem”, with a somewhat more humane attitude towards them and less cruel treatment. Serbia has followed the trends of treatment of the persons with psychological difficulties from the rest of Europe for centuries, but is still lagging behind the world in the introduction of new methods of treatment. Indeed the first legal solution to regulate the human rights of these people is currently in the process of implementation. The subject of this paper is the treatment of persons with psychological difficulties and the violation of their civil rights. In a subject specific context the goal of the analysis was the historical review of the treatment towards persons with psychological difficulties by doctors, other practicioners and the community in general, with reference to the current situation regarding their treatment within the psychiatric institutions, as well as the legal regulations and the protection of their civil rights.

  20. 14 CFR 1204.508 - Delegation of authority of certain civil rights functions to Department of Health, Education, and...

    Science.gov (United States)

    2010-01-01

    ... rights functions to Department of Health, Education, and Welfare. 1204.508 Section 1204.508 Aeronautics... Delegations and Designations § 1204.508 Delegation of authority of certain civil rights functions to Department of Health, Education, and Welfare. (a) Pursuant to the authority of § 1250.111(c) of this...

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

    Directory of Open Access Journals (Sweden)

    Glenn T. Eskew

    2012-01-01

    Full Text Available The watershed election in 2008 of Barack Obama as the first President of the United States to have African ancestry resulted from the life work of such civil rights activists as U.S. Congressman John Lewis. Born on a sharecropper’s farm in 1940, the African American Lewis grew up in segregated Alabama. As a college student in Nashville, he joined the sit-in protests and volunteered for the original Freedom Ride in 1961. He was elected chairman of the Student Nonviolent Coordinating Committee, becoming the youngest speaker at the March on Washington in 1963. The radical shift to Black ultimately forced Lewis out of SNCC. Consequently Lewis capitalized on the Voting Rights Act of 1965, turned his attentions to voter registration campaigns, and continued working within the system. In 1986 he won election to the U.S. House of Representatives to represent Atlanta’s Fifth Congressional District, a seat he continues to hold today.

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

    Directory of Open Access Journals (Sweden)

    Speriusi-Vlad Alin

    2014-07-01

    Full Text Available Today, the intellectual property protection is no longer an absolute social and legal that justifies adoption of any measures necessary to protect it. Initially seen as the prerequisite for sustainable development, implementation of new technologies, and encouragement of international trade, the intellectual property, especially prior to ACTA (Anti-Counterfeiting Trade Agreement international trial implementation, and also thereafter, was increasingly identified as a source of violation of fundamental rights and civil liberties, i.e. the right to protection of personal data, the right to privacy, freedom to send and receive information freedom of information, freedom to contract, and freedom to carry out economic activities (freedom of commerce. As far as international trade transactions have often a component of intellectual property that requires to be protected, it is necessary to identify the landmarks, the rules establishing de facto limits in order to protect the intellectual property without risk of infringement of fundamental rights and civil liberties of other persons, in particular users or potential users of goods and services incorporating intellectual property. The best guidelines in this regard may be provided by the CJEU (Court of Justice of the European Union case-law both due to its reasoning underlying the decision of the Parliament to reject ACTA ratification and the fact that the case-law of this Court, especially the most recent one, is highly complex and nuanced, not denying in any way the importance of intellectual property, and identifying certain cases where their primacy persist and whose analysis leads to laying down some general rules in the field.

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

    Science.gov (United States)

    Levesque, Roger J R

    2014-01-01

    The civil rights movement fostered dramatic shifts in legal responses to discrimination based on race, gender, and a host of other group characteristics. The legal system now evinces yet another dramatic shift, as it moves from considering difference to focusing on neutrality, from efforts that seek to counter subjugation to those that adopt a "color-blind" approach. The shifting approach already has reached laws regulating responses to the group that spurred massive civil rights reform: minority youth. The shift requires a different body of empirical evidence to address it and a new look at equality jurisprudence. This article notes the need to turn to the current understanding of prejudice and discrimination for guidance, and uses, as illustration, developmental science to shed light on the development, manifestation, and alleviation of invidious discrimination. Using that understanding, the analysis details how the legal system can benefit from that research and better address discrimination in light of dramatic changes in law. The article articulates the need to address discrimination by recognizing and enlisting the law's inculcative powers through multiple sites of inculcation, ranging from families, schools, health and justice systems to religious and community groups. The discussion concludes with brief suggestions for reform benefiting from understandings of prejudice and its expression.

  4. PROTECTION OF RIGHTS UNDER RUSSIAN CIVIL LAW IN A COMPARATIVE CONTEXT

    Directory of Open Access Journals (Sweden)

    D. Karkhalev

    2016-01-01

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

  5. The role of the United States Supreme court in securing African Americans’ Civil rights in 1945–1952

    Directory of Open Access Journals (Sweden)

    Sementsov Nikolay Yur’evich

    2013-11-01

    Full Text Available 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 significant change in Supreme Court approach to the issue of race took place in 1945–1952. The cases examined allow determining the reasons of the change. They were the new international conditions and the policy of the national executive power. The first one is connected with the international condemnation of Nazi ideology as well as with the need to concur Soviet influence on the new independent sates inhabited by representatives of non-white races. The domestic reason is connected with the personality of president Harry S.Truman. He claimed officially for civil rights reform and turned the attention of all state powers, including the judicial one, to the issue. He gathered a special committee to make recommendations on the civil rights reform. It was also Truman who had formed the personal membership of Supreme court and pointed liberal judge Fred Winson as the court president. Some states had also prepared the basis for the court’s decisions by taking some non-discriminatory measures. The article also includes the comparative evaluation of the Supreme Court and other United States institutions performance in the issue of civil rights. The performance of Congress is determined as incommensurably lower than that of Supreme court. The Supreme Court appearance is regarded as a prerequisite for the followed civil rights movement. But strong opposition of southern states representatives indicated future difficulties of such actions.

  6. Ethical Implications For Attorneys Involved In Extraterritorial Application Of The Civil Rights Acts

    Directory of Open Access Journals (Sweden)

    Howard E. McNier

    2011-07-01

    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.

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

    Directory of Open Access Journals (Sweden)

    Victor H. Sundquist

    2013-01-01

    Full Text Available The fundamental question of whether or not the Green Movement’s opposition leaders were successful in their attempts to change the political landscape in Iran first lies in understanding the premise behind the organization and secondly recognizing the actual goals of the leadership. Consequently, this article analyzes these questions as a framework for developing a comparative analysis between revolutions and civil rights movements as a means to understand both the intent and outcomes of the Green Movement. From this analysis, lessons learned are put forth as a means to establish a series of recommendations for future Western political engagements with Iran. In doing so, the hope is that a political dialogue will emerge between Western governments that both alleviate the current tensions while also addressing security concerns in the region.

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

    Science.gov (United States)

    Bolzendahl, Catherine; Coffé, Hilde

    2009-12-01

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

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

    Science.gov (United States)

    Kim, Joon K.

    2014-01-01

    This paper examines the politics of South Korea's multicultural discourse and locates its recent development in the context of a broader analytical discussion about multiculturalism. Utilizing the historical experience of the USA, this paper identifies the three orders of multiculturalism. Up until the civil rights movement of the 1950s and…

  10. Part I--The Historical and Legal Background Leading to the Office of Civil Rights "Dear Colleague Letter"

    Science.gov (United States)

    Arnhold, Robert; Young, Lauren; Lakowski, Terri

    2013-01-01

    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…

  11. From Freedom Riders to the Children's March: Civil Rights Documentaries as Catalysts for Historical Empathy

    Science.gov (United States)

    Buchanan, Lisa Brown

    2014-01-01

    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…

  12. 29 CFR 37.15 - What are the Director's responsibilities to coordinate with other civil rights agencies?

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true What are the Director's responsibilities to coordinate with other civil rights agencies? 37.15 Section 37.15 Labor Office of the Secretary of Labor IMPLEMENTATION... (WIA) General Provisions § 37.15 What are the Director's responsibilities to coordinate with...

  13. Hope and Despair: Southern Black Women Educators across Pre- and Post-Civil Rights Cohorts Theorize about Their Activism

    Science.gov (United States)

    Loder-Jackson, Tondra L.

    2012-01-01

    Framed by theoretical perspectives on Black Feminist Thought, the life course, and the Generation X/Hip-Hop generation, I present findings from a subset of 10 Black women educators in Birmingham, Alabama who participated in a larger life story project. The participants, who came of age professionally across the pre- and post-civil rights movement…

  14. "A Better Chance to Learn: Bilingual Bicultural Education," U.S. Commission on Civil Rights. A Review and Analysis.

    Science.gov (United States)

    Pemberton, S. Macpherson

    The U.S. Commission on Civil Rights report, "A Better Chance to Learn: Bilingual Bicultural Education," is summarized from sociological, psychological, and anthropological perspectives to indicate its contribution to our understanding of the social, cultural, and intellectual aspects of education. This study summarizes significant facts from the…

  15. 78 FR 24739 - Draft Policy Papers Released for Public Comment: Title VI of the Civil Rights Act of 1964...

    Science.gov (United States)

    2013-04-26

    ... AGENCY Draft Policy Papers Released for Public Comment: Title VI of the Civil Rights Act of 1964... programs and activities. Today, EPA has released two draft policy papers for public comment. The first.... EPA's policy is that all comments received will be included in the public docket without change...

  16. What's Writing Got to Do with It?: Citizen Wisdom, Civil Rights Activism, and 21st Century Community Literacy

    Science.gov (United States)

    Kells, Michelle Hall

    2012-01-01

    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…

  17. 28 CFR Appendix C to Subpart G of... - Department Regulations Under Title VI of the Civil Rights Act of 1964 (28 CFR 42.106-42.110...

    Science.gov (United States)

    2010-07-01

    ... the Civil Rights Act of 1964 (28 CFR 42.106-42.110) Which Apply to This Subpart C Appendix C to... Activities-Implementation of Section 504 of the Rehabilitation Act of 1973 Pt. 42, Subpt. G, App. C Appendix C to Subpart G of Part 42—Department Regulations Under Title VI of the Civil Rights Act of 1964...

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

    Institute of Scientific and Technical Information of China (English)

    宋贻珍

    2014-01-01

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

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

    Science.gov (United States)

    Becker, Amy B; Scheufele, Dietram A

    2011-01-01

    Objectives. This study examines the factors that shape public acceptance of homosexuality and support for same-sex marriage across age cohorts.Methods. We analyzed data from two national surveys. We constructed hierarchical logistic and hierarchical ordinary least squares regressions for relevant age cohorts in order to test our hypotheses and explore our research questions.Results. Our models suggest that personal contact has a greater impact on the attitudes of younger respondents, positively influencing public acceptance of homosexuality. Alternatively, religious and ideological predispositions have a greater impact on the attitudes of older individuals. When examining public support for gay marriage, we find that younger individuals have higher levels of deliberative engagement with the issue debate, while older individuals rely more heavily on their predispositions when determining issue stance. Interestingly, measures of media exposure are not significantly related to either public acceptance of homosexuality or support for same-sex marriage, suggesting that other factors may have a greater impact on public attitudes at this point in time.Conclusion. The implications of these findings are discussed in light of the emergence of a new political generation and the continuing struggle for gay civil rights.

  20. 试论民事程序选择权%The discussing of the right of choice of civil procedure

    Institute of Scientific and Technical Information of China (English)

    周伟标

    2011-01-01

    In the guide of modern legal ideas,the civil procedure law in China is paid more and more attention on emphasis on the value orientation and the respect of the purpose of clients.In the civil suit,giving the choice right to clients reflects fair,order and efficiency of law,and at the same time,is the best choice of the reform of the civil procedure law.After analyzing the choice right in civil procedure law and comparing the cases of other countries,drawing a conclusion about the defects of the choice right in civil procedure law in China and suggesting the measures of perfection.%在现代司法理念的指导下,我国民事诉讼法越来越重视当事人的意志及价值取向。而赋予当事人以适当的程序选择权,正是这一变化的重大体现。这是民事诉讼法所欲体现的公正、秩序、效率价值的应有之义,也是我国民事诉讼法改革的必然选择。本文立足于民事程序选择权的理论基础,从我国与各国的立法例比较出发,总结反思了我国民事诉讼法中的有关程序选择权的立法不足,并针对如何更好地赋予当事人以程序选择权,提出完善建议。

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

    Science.gov (United States)

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

    2015-01-01

    Responsiveness is a dimension of health system functioning and might be dependent upon contextual factors related to politics. Given this, we performed cross-national comparisons with the aim of investigating: 1) the associations of political factors with patients' reports of health system responsiveness and 2) the extent to which health input and output might explain these associations. World Health Survey data were analyzed for 44 countries (n = 103 541). Main outcomes included, respectively, 8 and 7 responsiveness domains for inpatient and outpatient care. Linear multilevel regressions were used to assess the associations of politics (namely, civil liberties and political rights), socioeconomic development, health system input, and health system output (measured by maternal mortality) with responsiveness domains, adjusted for demographic factors. Political rights showed positive associations with dignity (regression coefficient = 0.086 [standard error = 0.039]), quality (0.092 [0.049]), and support (0.113 [0.048]) for inpatient care and with dignity (0.075 [0.040]), confidentiality (0.089 [0.043]), and quality (0.124 [0.053]) for outpatient care. Positive associations were observed for civil liberties as well. Health system input and output reduced observed associations. Results tentatively suggest that strengthening political rights and, to a certain extent, civil liberties might improve health system responsiveness, in part through their effect on health system input and output.

  2. Sex Discrimination and Hair-Length Requirements Under Title VII of the Civil Rights Act of 1964 -- the Long and Short of It

    Science.gov (United States)

    Golden, H. Bruce

    1974-01-01

    Since the passage of Title VII of the Civil Rights Act of 1964, an employer's rights to establish dress and appearance standards for employees has been challenged with increasing frequency as a discriminatory employment practice based upon sex. The majority of such cases have concerned the right of male employees to wear their hair as long as that…

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

    Science.gov (United States)

    Halamandaris, Val J

    2009-06-01

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

  4. Civil Liberty Woes When Dealing with Uncivil Foes: The Effect of Civil Liberties and Human Right on Counterterrorism Operations

    Science.gov (United States)

    2014-05-15

    E.C.R. I.I. 3487 (2008). Kadi and Al Barakaat International Foundation v. Council and Commission, 2008 E.C.R. I. 6351 (2008). Nada v. Switzerland...blows that are significant. The 2013 European Court of Human Rights (ECtHR) ruling in Nada v. Switzerland and the ECJ ruling in a follow up to the...29 Nada v. Switzerland, 2012 E.C.H.R. 1691 (2012). European Commission & the Council of the European Union v Yassin Abdullah Kadi, joined Cases C

  5. The Understanding of Right Depriving Jural Facts in Respect to the Reasons of Deprivation of Right of Property: Legal Civil Aspect

    Directory of Open Access Journals (Sweden)

    Kostruba A.

    2013-01-01

    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

  6. A Wrong Name——A Comment about International Covenant on Civil and Political Rights

    Institute of Scientific and Technical Information of China (English)

    Liu Dasheng

    2010-01-01

    @@ 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.

  7. Civil Rights--State Action Is a Requirement for the Application of Section 1985 (3) to First Amendment Rights

    Science.gov (United States)

    Malpass, Susan C.

    1976-01-01

    In Bellamy v. Masons's Stores, Inc., the Fourth Circuit of Appeals held that section 1985 (3) of the Ku Klux Klan Act displayed a congressional intent that state action be required for an action based on a conspiracy to deprive first amendment rights. The decision is examined in regard to Griffin v. Breckenridge. For journal availability see HE…

  8. Statement of Hubert Velarde, Jicarilla Apache Tribe to United States Commission on Civil Rights at Albuquerque Convention Center (Albuquerque, New Mexico, November 14, 1972).

    Science.gov (United States)

    Velarde, Hubert

    The statement by the President of the Jicarilla Apache Tribe emphasizes reservation problems that need to be examined. Presented at a 1972 Civil Rights Commission hearing on Indian Concerns, Velarde's statement listed employment, education, the administration of justice, water rights, and medical services as areas for investigation. (KM)

  9. Guarantee China's Civil Basic Right and Perfect Insuring System%我国公民基本权利的保障与健全

    Institute of Scientific and Technical Information of China (English)

    蔚今华; 贾亚莉

    2011-01-01

    Civil right and freedom in Constitution is the most basic right and freedom of citizens and also is the duties and obligations of state organs. Civil right embodies aims of constitutional spirit, is the goal of constitutional government. Guaranteeing civil right is the ultimate goal of Constitution.%宪法规定的公民权利和自由,既是公民最基本最重要的权利和自由,又是国家机关的责任和义务.公民权利是宪政精神的宗旨所在,是宪政所追求的目标价值,保障公民权利是宪法的终极目标.

  10. 民事诉权管窥%On the Civil Litigious Right

    Institute of Scientific and Technical Information of China (English)

    王春丽

    2012-01-01

    文章通过对诉权的性质及其内涵的探析,论证了诉权与诉讼权利的关系,并结合我国司法实践的具体实际,提出了诉权入宪等建议。%Through analyzing the nature and connotation of right to appeal, the article demonstrates the relationship between the right to appeal and litigation rights, and then suggests that the right to appeal should be put into the Constitution by combining China' s actual judicial practice

  11. Commemoration, Race, and World War II: History and Civil Rights at the Tuskegee Airmen National Historic Site

    Directory of Open Access Journals (Sweden)

    Renée Ater

    2015-05-01

    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.

  12. 声音权的民法保护%Civil Protection of the Sound Right

    Institute of Scientific and Technical Information of China (English)

    徐淑娴

    2016-01-01

    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.

  13. CORRECTING MISCARRIAGE OF JUSTICE IN THE CIVIL PROCEDURE BEING A COMPONENT TO THE RIGHT TO DEFENCE

    Directory of Open Access Journals (Sweden)

    Inna Vitalyevna BLAZOMIRSKAYA

    2014-01-01

    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.

  14. Standing on a Strong Foundation of Servitude: The 1960's Civil Rights Movement, Septima Clark and Other South Carolina African American Women Educators

    Science.gov (United States)

    Hunter, Iris Renell

    2012-01-01

    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…

  15. The Busy Citizen's Discussion Guides. Suggestions for Informal Conversations: Racism and Race Relations; Sexual Harrassment; Civil Rights for Gays and Lesbians.

    Science.gov (United States)

    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…

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

    Science.gov (United States)

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

    2013-01-01

    "Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part IV--Sport Groups" provides the the following articles: (1) "Sport Programming Offered by Camp Abilities and the United States Association for Blind Athletes" (Lauren Lieberman and Mark…

  17. A lot of leaders? Robert Parris Moses, SNCC, and leadership in the production of social change during the American Civil Rights Movement, 1960-1965

    NARCIS (Netherlands)

    Visser-Maessen, Laura Gerarda Maria

    2013-01-01

    This is the definitive biography of one of the most influential, yet relatively unstudied, leaders of the civil rights movement: SNCC-worker Robert Parris Moses. Uniquely written with his rare personal cooperation and based on new primary source material, it fills the gap in historical knowledge con

  18. "There Ain't No White People Here": Master Narratives of the Civil Rights Movement in the Stories of Urban Youth

    Science.gov (United States)

    Woodson, Ashley N.

    2017-01-01

    In this article, the author uses the critical race theoretical construct of "master narrative" to explore historical and ideological assumptions about the Civil Rights Movement held by two Black youth in an urban community. Master narrative is defined as the dominant social mythologies that mute, erase, and neutralize features of racial…

  19. A Study of the Environment Rights in the Context of Civil and Political Rights%公民权利和政治权利语境下的环境权探究

    Institute of Scientific and Technical Information of China (English)

    杨松才

    2012-01-01

    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。

  20. Dress codes and appearance policies: challenges under federal legislation, part 2: title VII of the civil rights act and gender.

    Science.gov (United States)

    Mitchell, Michael S; Koen, Clifford M; Darden, Stephen M

    2014-01-01

    As more and more individuals express themselves with tattoos and body piercings and push the envelope on what is deemed appropriate in the workplace, employers have an increased need for creation and enforcement of reasonable dress codes and appearance policies. As with any employment policy or practice, an appearance policy must be implemented and enforced without regard to an individual's race, color, gender, national origin, religion, disability, age, or other protected status. A policy governing dress and appearance based on the business needs of an employer that is applied fairly and consistently and does not have a disproportionate effect on any protected class will generally be upheld if challenged in court. By examining some of the more common legal challenges to dress codes and how courts have resolved the disputes, health care managers can avoid many potential problems. This article, the second part of a 3-part examination of dress codes and appearance policies, focuses on the issue of gender under the Civil Rights Act of 1964. Pertinent court cases that provide guidance for employers are addressed.

  1. U.S. civil rights policy and access to health care by minority Americans: implications for a changing health care system.

    Science.gov (United States)

    Rosenbaum, S; Markus, A; Darnell, J

    2000-01-01

    The history of health care discrimination as well as ongoing, extensive evidence of racial disparities argue for continued vigilance in the area of health care and civil rights. Under Title VI of the Civil Rights Act of 1964, individuals have challenged de facto discriminatory policies adopted by health entities receiving federal financial assistance. Title VI health litigation is difficult because of complex issues of proof as well as confounding problems of poverty and lack of health insurance that affect both claims and remedies. An analysis of cases brought under the law suggests that discrimination claims within a particular market fare better than those challenging decisions to relocate or alter the market served. This has important implications for claims involving discrimination by managed care organizations. Because the same potential for discrimination exists in the new health system of managed care, although in altered form, data collection and evaluation are warranted.

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

    Directory of Open Access Journals (Sweden)

    Camelia STOICA

    2013-06-01

    Full Text Available In the present study the regulation of the carrier of the civil servants is considered, especially the stability and continuity – essential elements at the European Union level. Unfortunately, in the Romanian legislation, as well as in the institutional case law, it remains a purely declarative issue. The study is based on a series of recent court decisions. We criticized the abusive use of the expeditious ordinances and the instruments of legislative regulation. This is considered as an abusive practice of the law maker and shows a legislative inability related to the regulation of the public office, especially by not observing the conditions in which a person could be relieved of his office. The conclusion of the study leads to the necessity for the law maker to revise the statute of the civil servant, especially by eliminating the fluctuation determined by the succession of the governing political forces.

  3. The Climate Change Crisis as an International Civil Rights Issue: Forging an Alliance Between Science, Activism, and Progressive Social Movements

    Science.gov (United States)

    Lynch, B. J.; Driver, S.

    2011-12-01

    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

  4. O direito à saúde na interface entre sociedade civil e Estado The right to healthcare at the interface between civil society and state

    Directory of Open Access Journals (Sweden)

    Felipe Rangel de Souza Machado

    2009-10-01

    Full Text Available O objetivo deste artigo é discutir sobre o desenvolvimento do direito à saúde no Brasil. Parte-se do processo de construção dos direitos sociais, passando pela assunção destes direitos na Carta Magna Brasileira até chegar às compreensões atuais de certos segmentos sociais sobre o direito à saúde. A análise baseia-se na pesquisa realizada em Porto Alegre, Rio Grande do Sul, a respeito da atuação conjunta entre conselhos de saúde e Ministério Público. Pode-se observar que o direito à saúde tem sido associado à ideia de acesso a serviços de saúde. Isto, no entanto, tem se mostrado ser um aspecto limitador na luta pela garantia e ampliação deste direito. Por este motivo, determinados segmentos da sociedade vêm adotando uma postura mais ativa em relação à compreensão sobre este direito. Tal compreensão tem rendido ganhos substanciais na luta pela ampliação do direito à saúde no Brasil. Assim, explicitar as diferentes concepções sobre o direito à saúde de um conselho de saúde que tem se demonstrado atuante no cenário nacional pode dar indícios sobre as formas de atuação possíveis e as estratégias desenvolvidas nestas instituições para a garantia deste direito.The objective of this paper is to discuss the development of the right to healthcare in Brazil. It begins with the process of creating social rights, going from the rise of these rights in the Brazilian Constitution until reaching the current understandings of certain social groups concerning the right to healthcare. The analysis is based on research conducted in Porto Alegre, state of Rio Grande do Sul, in regards to the joint action between health councils and the Public Ministry. It can be observed that the right to healthcare has been associated with the idea of access to healthcare services. This, however, has been shown to be a limiting aspect in the fight for the security and expansion of this right. For this reason, certain groups of society

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

    Directory of Open Access Journals (Sweden)

    Márcia Regina Pitta Lopes Aquino

    2006-12-01

    Full Text Available The purpose of this study is to analyze the right of action in the Brazilian Civil Suit according to the Federal Constitution. This research highlights the crisis that the State, the Law and the Juridical Science have gone through go mainly after World War II. Proceduralism and substantialism are addressed in regard to their fundamental aspects as well as the existent dilemma between juridical positivism and jusnaturalism. Based on the theories that encompass the “third way”, this work attempts to show the importance of certain procedures for realizing values of constitutional principles that permeate the whole juridical order. It is concluded that the process is not only an instrument but also a dimension of law itself. The right of action as expressed in art. 5, Chapter XXXV of the Federal Constitution is eminently procedural and should be undertood as a right to process.O estudo objetiva a análise do direito de ação no processo civil brasileiro a partir da Constituição Federal. Aponta a crise por que passam Estado, Direito e Ciência Jurídica ,especialmente após a Segunda Guerra Mundial. Procedimentalismo e substancialismo, bem como jusnaturalismo e positivismo jurídico são apresentados em seus pontos fundamentais. Com fundamento em teorias que compõem uma “terceira via”, busca demonstrar a importância dos procedimentos na realização dos valores consubstanciados em princípios constitucionais que se irradiam por todo o ordenamento jurídico. Conclui que o processo não é apenas um instrumento, mas uma dimensão do direito. O direito de ação expresso no artigo 5º , XXXV da Constituição Federal é eminentemente processual e deve ser entendido como direito ao processo.

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

    Directory of Open Access Journals (Sweden)

    Nuria Sánches Madrid

    2014-08-01

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

  7. On Homeowners' Rights Protection, Civil Spirit and Citizen Society%业主维权、公民精神与公民社会

    Institute of Scientific and Technical Information of China (English)

    聂洪辉

    2015-01-01

    There are disputes over whether homeowners ' rights protection showed civil society or not in aca-demic circles.Through the analysis of the connotation of civil society and contrast standard of citizen socie -ty, it is hard to draw the conclusion that the civil society will come .From the homeowners ' rights target point of view , the homeowners are only for the benefit of their own community , and do not respect the inter-ests of the society .From the movement means point of view , the homeowners use informal political action , and lack rule consciousness .From the community autonomy point of view , self-governing is difficult because the homeowners lack autonomous spirit and ability .From the citizen spirits point of view , homeowners ' rights protection is not rational , lacking sense , equality , tolerance , concession and volunteer .Whether a so-cial movement has the characteristics of civil society or not depends on the followings :its external system of democracy and market economy , its public pursuit of social movement , a higher level of the public value pursuit of issues , the citizen ' s spirit individuality , the movement targets of homeowners beyond their own in-terests, and the common interests of the personage , the others and the society .According to this standard , some of the the environmental movements in China , and the labor politics movements of NGOs may promote a civil society .%学界对业主维权是否预示着公民社会到来存在争议. 从业主维权目标上看,业主仅是为了社区利益,没有尊重他人利益或社会利益;从运动手段上看,业主维权采取非正式政治与策略性行动,缺乏规则意识;从社区自治角度看,业主在社区治理的常态下自治非常困难,缺乏自治精神与能力;从公民素养看,业主维权行动不妥协和不理性,缺乏理性、平等、宽容、妥协和志愿精神为特征的公民精神. 判断一个社会运动是否具有公民社会的特质,除了看

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

    Directory of Open Access Journals (Sweden)

    Kirichek E.V.

    2014-12-01

    Full Text Available Russian police reform is another important step to modernize the country and public administration system. The main purpose of ongoing reforms is to create the modern and efficient law enforcement system, to form a new image of police officer in the XXI century and to change the social role of law enforcement agencies in society. Unfortunately, the results expected by society aren’t achieved. It’s stated that the reform is only at its beginning, many decisions are still to be made and implemented. The main focus is on comprehensive measures aimed at improving the police activities in ensuring the constitutional rights and freedoms of man and citizen and interaction with civil society institutions. Some features and problems of interaction between police and civil society institutions are considered. Statistics is provided. A number of constructive conclusions concerning further progressive development of interaction of police with civil society institutions are made. Despite the significant number of papers devoted to these issues, it’s necessary to note the insufficient elaboration of problems in this area. The reason is the ongoing reforms in Russia in general and police reform in particular, the instability of the current legislation regulating these issues. A lack of a clear concept of the reform, arising from a clear understanding of the police role and functions, is evident. These and other circumstances determine the topicality and practical importance of the research, the necessity of studying the peculiarities of police activities to improve its efficiency. They also indicate the need for scientific and practical recommendations.

  9. La ampliación de los derechos civiles de las mujeres en Chile (1925 y Argentina (1926 The expansion of women's civil Rights in Chile (1925 and Argentina (1926

    Directory of Open Access Journals (Sweden)

    Verónica Giordano

    2010-12-01

    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

  10. 家庭权的私法保障%The Protection of the Civil Law on Family Right

    Institute of Scientific and Technical Information of China (English)

    张燕玲

    2012-01-01

    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。

  11. The Role of Prosecutorial Supervision in Supervision of Power and Right Relief in Civil Procedure%民事诉讼权力监督与权利救济中检察监督的角色

    Institute of Scientific and Technical Information of China (English)

    汪夜丰

    2014-01-01

    The supervision of powers is to ensure the proper exercise of public rights and protect private rights prop -erly.The essence of procuratorial supervision of civil procedure is to realize the relief of litigants ’ rights through the supervision of courts ’ civil trial powers .The finality and judgement of jurisdiction also give it a rejection to external oversight to some extent .Civil prosecutorial supervision is procedural , so the relations between the supervision of power and right relief in civil procedure should be understood correctly and given a reasonable position .Within the scope of its duties ,fair civil trial and effective relief right should be protected by means of scientific supervision ac -cording to the respective characteristics of cases .%权力监督是为确保公权的正确行使,对私权尽到应有的保护。民事诉讼检察监督实质是通过对法院民事审判权力的监督,实现对诉讼当事人权利的救济。审判权的终局性和裁决性也赋予其对外部监督某种程度的排斥性,民事检察监督只具有程序性,在民事诉讼检察监督的实践中,应正确认识民事诉讼权力监督与权利救济的关系,合理定位,在职责范围内,根据案件属性特点,以科学监督的方式,保障民事审判公正和权利有效救济。

  12. 我国传染病防治领域公民权利保护的立法进展与思考%Legislative Progress and Strategies on Civil Rights Protection among Infectious Disease Prevention and Control in China

    Institute of Scientific and Technical Information of China (English)

    徐缓; 黎慕

    2009-01-01

    Since 2003,obviously progress has been made on civil rights protection among infectious disease prevention and control in China,fight to life. right to health has been strengthened,restriction for right to freedom and living support for it close to human nature,governmental power for right to property and compensation for it equalized,application for right to know is gradually systemization and individualization,approach for right to be assisted become diversity,regulation for right to privacy goes more detail,scope for right to anti-discrimination is appropriate concrete For improving of civil rights protection,however,it is suggested that legislation for equalization of civil rights protection should be sped up,application of civil rights protection written in regulation should be emphasized,law awareness of self-protection for individual rights should be cultivated,experiences and lessons from other countries should be learned to.%2003年以来,我国传染病防治领域公民权利保护的法制建设取得了较大进展,生命权、健康权的维护不断强化,人身自由权的限制及其生活保障更加人性化,财产权的政府处置权力与补偿义务逐渐对等化,知情权的运用逐步制度化、个体化,受救助权的实现形式日益多元化,隐私权的规定越来越具体化,不受歧视权的保护范围适度细化.但是,为了进一步完善传染病防治领域的公民权利保护,建议:加快公民权利保护均等化的立法步伐,关注公民权利保护的法律法规可操作性,提高公民维护自身权利的法律意识,汲取国外依法保护公民权利的有益经验.

  13. Civil execution: the search for goods by the creditor and the right to banking and fiscal secrecies Execução civil: a busca de bens pelo credor e o direito aos sigilos bancário e fiscal

    Directory of Open Access Journals (Sweden)

    Luiz Fernando Belinetti

    2005-12-01

    Full Text Available It presents problem resulting from the absence of assets belonging to the executed party in the civil execution. It particularly investigates the crisis generated by the absence of assets, as well as the procedure carried out in order to locate assets that can be seized. It also examines the issue pertaining to banking and fiscal privacy, including an exhibition of the theorical bases of the institutes, juridical disciplines and the doctrinal and jurisprudential position on the theme. It highlights the fact that both banking privacy and fiscal privacy are based on the right to privacy, and thus posses constitutional consent. It reinforces the relativity of the right to privacy which enables the executor to have acess to the information pertaining to banking and fiscal data belonging to the executed party, once all attempts at locating assets have been implemented without success. The dissertation affirms that a contrary judicial decision does not fulfill the principle of effectiveness of procedure. It concludes that the right to credit of the executor is also in the interests of justice, and thus the right to privacy must give way when confronted by the interests, as a result of the application of the principle of proporcionality.Trata da problemática resultante da ausência de bens do executado no processo de execução. Investiga, particularmente, a crise instalada com a ausência de bens do executado e as diligências realizadas na tentativa de localizar bens penhoráveis. Examina a questão do direito aos sigilos bancário e fiscal, com exposição das bases teóricas dos institutos, disciplina jurídica e o posicionamento doutrinário e jurisprudencial sobre o tema. Destaca que tanto o sigilo bancário quanto o sigilo fiscal são fundamentados no direito à privacidade, possuindo, ainda que por via oblíqua, assento constitucional. Sustenta a relatividade do direito ao sigilo, o que possibilita ao exeqüente, mediante seu pedido, o acesso

  14. Vida, obra y muerte de Alfonsina Storni, Delmira Agustini y Ercília Cobra: La construcción de los derechos civiles Life, work and death of Alfonsina Storni, Delmira Agustini and Ercília Cobra: The builiding of civil rights

    Directory of Open Access Journals (Sweden)

    Verónica Giordano

    2009-06-01

    Full Text Available Hacia 1920, los derechos civiles de las mujeres fueron discutidos en diversas instancias del espacio público en Argentina, Brasil y Uruguay. No obstante, la sanción de la "capacidad civil plena" fue largamente demorada. En este marco, se observa un fenómeno provocador: la aparición de vidas, obras y muertes de mujeres que tuvieron un sino común. Su estudio permite conocer el proceso de emancipación civil femenina desde una perspectiva novedosa. Una interpretación en términos jurídicos y comparativos permite poner de relieve los límites de un proceso de emancipación del que sin duda estas mujeres fueron parte aunque más no sea a título individual.In the 1920s women's civil rights were discussed at different stages of the public sphere in Argentina, Brazil and Uruguay. Nevertheless, the formula "full civil capacity" was long retarded. In this context, we observe a provocative phenomenon: the lives, works and deaths of three women that transited a common fate. Through the study of this phenomenon we can look at the process of women's civil emancipation from a new perspective. A juridical and comparative interpretation of it helps to underline the limits of a process of emancipation of which these women were undoubtedly part of at least as individuals.

  15. 公民权利语境下的我国个人所得税改革%Individual Income Tax Reform in the Context of Civil Rights in China

    Institute of Scientific and Technical Information of China (English)

    蒋励佳

    2012-01-01

    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。

  16. On Civility and Civilizations

    Institute of Scientific and Technical Information of China (English)

    DAVID GOSSET

    2010-01-01

    @@ 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.

  17. 论美国重建时期南部黑人民权运动的兴起%On the Rise of the African American Civil Rights Movement in South America During the Reconstruction Era of the United States

    Institute of Scientific and Technical Information of China (English)

    张雅琦; 张玲玲

    2011-01-01

    The problem of the African Americans in American history wasn't solved properly for a long time and the American Civil War provided a chance to solve this problem.After the Civil War,the changes in domestic politics and economy,the fights of the slavery abolitionism advocators and African Americans and the awakening of African Americans' racial consciousness and rights consciousness precipitated the raise of the African American Civil Rights Movement in South America.%在历史上美国黑人问题长期未得到合理解决,南北战争为解决这一问题提供了契机。美国内战后国内政治和经济上的变化,废奴主义者和黑人长期坚持不懈的抗争,黑人自身种族和权利意识的觉醒,共同促成了内战后美国南部黑人民权运动的兴起。

  18. Protect and Develop Citizens' Legitimate Rights and Interests——An Interview with Vice-Minister Dou Yupei of Civil Affairs

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    @@ 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.

  19. Delimitation of Property Rights of Tourism Resourcesand Legal Regulations under the Background of Ecological Civilization%生态文明视域下景区旅游资源产权的界定

    Institute of Scientific and Technical Information of China (English)

    丁林

    2016-01-01

    Currently,China′s ecological civilization construction has been raised into an unprecedented height.On account that the property rights of tourism resources of many China′s scenic spots are unclear,which leads to unclear rights and obligations,as well as unfair distribution of benefit,etc.,in management and operation of the scenic spots.Thus it directly influences scenic spots′ sustainable development.Therefore,clear delimitation of property rights of tourism resources in scenic spots is the important approach of promoting scenic spots′ sustainable development and ecological civilization construction.%目前,我国生态文明建设已被提高到前所未有的高度。由于我国很多景区旅游资源产权不清,导致旅游景区在管理和经营中存在责权不清\\利益分配不公等问题,从而直接影响了景区的可持续发展。因此,明确界定景区旅游资源产权,是促进旅游景区可持续发展和生态文明建设的重要途径。

  20. 宪法发展与刑法理念的更新——国权刑法向民权刑法的嬗变%Constitutional Development and the Updating of the Concept of Criminal Law -- The Evolution o~ Country Rights Criminal Law to the Civil Rights Criminal Law

    Institute of Scientific and Technical Information of China (English)

    辛波

    2012-01-01

    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。

  1. 民诉立案审查机制与平等就业权的司法救济%Filing Review Mechanism in Civil Procedure and Judicial Relief of Equal Employment Right

    Institute of Scientific and Technical Information of China (English)

    李静; 吴启敏

    2012-01-01

    Equal employment fight has broad and narrow senses. Equal employment right in a narrow sense specifically refers to the right of access to jobs, and this paper discusses equal employment right in a narrow sense. Equal employ- ment right in a narrow sense has some difficulties in judicial relief because its special tort liability standards are incompatible with China' s stringent filing review mechanism adopted in civil procedure. Therefore, it' s necessary to reform China's theory about right to lawsuit and filing review mechanism, lower the standards of bringing lawsuit to expand the access of equal employment right in a narrow sense to judicial relief, develop new tort liability standards, and achieve judicial relief of equal employment right.%平等就业权有广义狭义之分,狭义的平等就业权专指获得工作岗位的权利,本文采取狭义。狭义平等就业权在司法救济上的存在特殊困境,原因在于其特殊的侵权责任构成标准与我国民事诉讼所采取的严苛的立案审查机制不相容。因此,应改革我国的诉权理论和立案审查机制,降低诉讼提起的门槛,以扩大狭义平等就业权获得司法救济的入口,发展新的侵权责任构成标准,实现平等就业权的司法救济。

  2. 民法视野下排污权交易合同法律关系探析%Analysis about the Legal Relationship of the Pollution Right Trading Contract with View of Civil Law

    Institute of Scientific and Technical Information of China (English)

    史玉成; 王卿

    2012-01-01

    The system of pollution fight trading contract is the core of pollution fight trading systems. The pol- lution right trading contract belongs to civil contracts and it is of the new kind of civil contract. It is of the environ- mental civil contract. The pollution fight trading contract is distinguished from the common civil contract in the rule of autonomy of the will, the conditional rule, subject of contract, object of contract and it's performance. Based on construction of the system of pollution right trading contract in Environmental Law and perfection of the Contract Law the , China should add regulations to the environmental civil contract. At the same time China should reform the license system of pollution discharge, so as to realize the change of government functions from the leading to su- pelwlsory type%排污权交易合同制度是排污权交易制度体系中的核心问题。排污权交易合同属于民事合同,但又不同于普通民事合同,应将其定性为一种新型的民事合同即环境民事合同。排污权交易合同除在意思自治原则和合同相对性原则上有所突破外,在合同主体、合同客体、合同履行等方面也与其他民事合同有所区别。我国应在《环境保护法》创设排污权交易制度的基础上,完善我国《合同法》的规定,增加环境民事合同的相关规定。同时,改革排污许可证制度,使之与排污权交易合同制度相衔接。

  3. DOCTRINAL FOUNDATIONS OF PLURALITY OF PERSONS IN CIVIL LAW

    Directory of Open Access Journals (Sweden)

    Yermolayev A. A.

    2014-04-01

    Full Text Available The article examines the theoretical basis of the multiplicity of individual and joint ownership of civil rights and conscientious objection to civilian duties. The author explores the state of development of scientific problems of completely plurality of persons in civil law, proves the necessity to consider the multiplicity not through teaching about the object of civil rights, but through the subject of civil rights

  4. 空白票据补充权基础问题的民法学分析%The Analysis of Fundamental Problems of the Supplementary Right of the Blank Commercial Instrument in the Civil Law Perspective

    Institute of Scientific and Technical Information of China (English)

    李大何

    2014-01-01

    Blank commercial instrument, also known as blank authorized bill, refers to the commercial instru-ment that the person who acts on commercial instrument only signs his name on the bill, and leaves the rest of items to be recorded, partly or even entirely, to other people to finish.And the supplementary right of the blank commercial instrument, terns out to be the central issue in this field.Since the supplementary right of the blank commercial instrument is a civil right, we can analyze it in the civil law perspective.About its theo-retical basis, there are mainly four doctrines:theory of appointment, theory of agency, theory of contract, and theory of authorization.After compare these theories and the supporters’ point of view of each other, we can draw a conclusion that the theory of authorization is the most appropriate one.Finally, concerning the type of the right, we find that it is a dilemmatic situation between admitting that the supplementary right of the blank commercial instrument is a right of formation and applying to the limitation of actions.%空白票据,又称空白授权票据,是指票据行为人仅在票据上签名,而将票据上的其他应记载事项,全部或一部分交由他人完成的票据。而空白票据补充权是其中的核心问题。空白票据补充权是民事权利,故应从民法角度对其进行剖析。关于空白票据补充权的理论基础,主要有委任说、代理说、契约说、授权说四种。在以民法视角比较分析相关理论及支持理由之后,可知授权说最为妥当。最后,关于权利类型问题,发现在承认其为形成权,以及适用诉讼时效之间,发生了一个两难的选择。

  5. Human Rights Improving

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

    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.

  6. State-Sponsored Homophobia and the Denial of the Right of Assembly in Central and Eastern Europe : The "Boomerang" and the "Ricochet" between European Organizations and Civil Society to Uphold Human Rights

    NARCIS (Netherlands)

    Holzhacker, Ronald

    2013-01-01

    State-sponsored homophobia emerged in certain Central and Eastern European states in the past decade, with the denial of the right of assembly for gay pride marches. However, more recently there has been progress in the recognition of the fundamental democratic right of assembly. What accounts for t

  7. 马来西亚民商事管辖权制度初探%On the System of Civil and Commercial Jurisdictional Rights of Malaysia

    Institute of Scientific and Technical Information of China (English)

    欧福永; 王岚岚

    2004-01-01

    In Malaysia, jurisdictional rule consists of convention, domestic legislation and case law. In court system, it has its supreme court and subordinate courts. In jurisdictional restriction, it primarily has state immunity, diplomatic and consular immunity and does not stipulate any rights over foreign land and forum agreements. However, the Court of Malaysia reserves its rights of the proceedings for “Lis Alibi Pendens or non convement court” .

  8. 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.

    Science.gov (United States)

    Slobogin, Christopher

    2015-01-01

    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.

  9. The Clash of Civilizations, Much Ado about Nothing or Something Rotten in the Kingdom of Enforcement! Do IP rights merit special considerations under competition law?

    DEFF Research Database (Denmark)

    Bergqvist, Christian

    2011-01-01

    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...

  10. Civil Identity

    DEFF Research Database (Denmark)

    Petersen, Lars Axel

    In this paper I will go through a catalogue of examples of contexts in which the term civil identity is currently used, ranging from the formal and technical process of linking a set of administrative and other events to an individual biological person by means of identity cards, fingerprints, iris...... scanning, etc., to discussions of Shari'a law versus common civil law in India; from the study of religious cult in ancient city states to the processes of constitutional reconstruction in former Communist countries; and from attempts at conflict resolution and prevention between Jewish and Arab citizens...... of Israel to Luce Irigaray's Feminist agenda of elaborating gender specific civil identities. My intention is to investigate whether these different employments of 'civil identity' point towards a common, and fairly well defined object field asking questions of contemporary relevance to the philosophy...

  11. New Urbanization:to Promote Nation Building by Guaranteeing Civil Rights%新型城镇化:以公民权利保障推进现代国家构建

    Institute of Scientific and Technical Information of China (English)

    赵永红

    2015-01-01

    Civil rights Guarantee is the foundation of market economy development, urban society formation and modern nation building. The project of urbanization and nation building was delayed because of the planned economic system, the segmentation between the urban and the rural and the restrictions on the free flow on the part of citizens after the founding of PRC. After the reform and opening up, the project of nation building, however, has been expanded and deepened on the basis of market economy, civil rights protection and urbanization. But the partial lack of the guarantee on migrant workers’ rights led to peri-urbanization and the condition of “one country with three identities”. New urbanization strategy should base on the equal protection of the rights for both the rural and the urban and promote modern nation building marked by the feature of“one country,one identity”.%公民权利保障是市场经济发展、城市社会形成和现代国家构建的基础。建国后计划经济体制、城乡分割体系和对公民自由流动的限制,延滞了城市化进程和现代国家构建。改革开放后,国家构建在市场经济、城市化和公民权利逐步落实的基础上拓展深化,但农民工部分权利保障缺失导致半城市化和“一个国家三种身份”的情景;新型城镇化战略应当以城乡一体化公民权利保障为基石,推动现代社会发展成熟和“一个国家一种身份”的现代国家构建。

  12. Civil Code, 11 December 1987.

    Science.gov (United States)

    1988-01-01

    Article 162 of this Mexican Code provides, among other things, that "Every person has the right freely, responsibly, and in an informed fashion to determine the number and spacing of his or her children." When a marriage is involved, this right is to be observed by the spouses "in agreement with each other." The civil codes of the following states contain the same provisions: 1) Baja California (Art. 159 of the Civil Code of 28 April 1972 as revised in Decree No. 167 of 31 January 1974); 2) Morelos (Art. 255 of the Civil Code of 26 September 1949 as revised in Decree No. 135 of 29 December 1981); 3) Queretaro (Art. 162 of the Civil Code of 29 December 1950 as revised in the Act of 9 January 1981); 4) San Luis Potosi (Art. 147 of the Civil Code of 24 March 1946 as revised in 13 June 1978); Sinaloa (Art. 162 of the Civil Code of 18 June 1940 as revised in Decree No. 28 of 14 October 1975); 5) Tamaulipas (Art. 146 of the Civil Code of 21 November 1960 as revised in Decree No. 20 of 30 April 1975); 6) Veracruz-Llave (Art. 98 of the Civil Code of 1 September 1932 as revised in the Act of 30 December 1975); and 7) Zacatecas (Art. 253 of the Civil Code of 9 February 1965 as revised in Decree No. 104 of 13 August 1975). The Civil Codes of Puebla and Tlaxcala provide for this right only in the context of marriage with the spouses in agreement. See Art. 317 of the Civil Code of Puebla of 15 April 1985 and Article 52 of the Civil Code of Tlaxcala of 31 August 1976 as revised in Decree No. 23 of 2 April 1984. The Family Code of Hidalgo requires as a formality of marriage a certification that the spouses are aware of methods of controlling fertility, responsible parenthood, and family planning. In addition, Article 22 the Civil Code of the Federal District provides that the legal capacity of natural persons is acquired at birth and lost at death; however, from the moment of conception the individual comes under the protection of the law, which is valid with respect to the

  13. 股份有限责任公司中小股东权益的民事诉讼救济措施%A Tentative Study on Reliefs in Civil Litigations for Moderate/Minor Shareholders' Rights in Limited Companies

    Institute of Scientific and Technical Information of China (English)

    刘颖

    2001-01-01

    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。

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

    Directory of Open Access Journals (Sweden)

    Elham Rafighi

    2016-10-01

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

  15. 基于熵权法与协调度模型的宁波市生态文明评价%Ecological Civilization Assessment for Ningbo Based on Entropy-right Method and Coordination Degree Model

    Institute of Scientific and Technical Information of China (English)

    张茜; 王益澄; 马仁锋

    2014-01-01

    Study of ecological civilization assessment is the vital part for evaluating the process of constructing ecological cities or districts and finding problems concerned, and it is also the theoretical exploration in scientific practice. Taking Ningbo as a case study, in this paper an index system of ecological civilization is established from the aspects of economy transformation, society harmony, friendly environment, and spatial optimization. The level of ecological civilization and its evolution are evaluated in temporal and spatial perspective for Ningbo ecological conditions in last ten years by applying Entropy-right Method to define the weight of each indicator and Coordination Degree Model. The results are summed up as follows:(1) From 2003 to 2011, the ecological civilization level of Ningbo is on the rise and shows a scientific development trend but with poor stability and shortage of the sustaining momentum;(2) During the ten-year period, the subsystems of society, environment, space of Ningbo demonstrate an overall good trend but with lower coordination degree of economy; (3)The distribution of the comprehensive coordination degree of ecological civilization for each administrative unit in Ningbo can be characterized as:In 2011, the level in urban area is higher than that in peripheral areas, and level in the north is higher than that in the south;(4) Based on the clustering method, the lever is classified into 4 types for 6 sampled counties (cities), which is specified as: Further-overall-promotion type: Ninghai county and Xiangshan county;Low-friendly-environment type:Yuyao county and Fenghua county;High-friendly-environ-ment type:Cixi county;High ecological quality type:Ningbo city.%生态文明评价研究是评估城市或区域生态文明建设进程、诊断生态文明建设问题的重要环节,是探索科学生态文明实践模式的理论前提。从经济转型、社会和谐、环境友好、空间优化四方面构建生态文明评价

  16. 公民基本权利在刑事追诉中的可能状态%The Possibility of Basic Civil Rights in Penal Prosecution

    Institute of Scientific and Technical Information of China (English)

    吕萍

    2012-01-01

    公民一旦受到国家刑事追诉,其基本权利即陷入了危险的境地,既有可能受到因正当程序造成的合理性伤害,更有可能遭受非正当程序带来的巨大侵害,再强大的犯罪势力在国家暴力机器面前也渺如蝼蚁,更何况国家追诉还存在因制度缺陷而殃及无辜的可能性。这就是刑事诉讼制度在打击犯罪的同时必须充分保障犯罪嫌疑人、被告人基本人权不受过分损害和非法侵害的根本理由。%Once a citizen is under the penal prosecution of the state, his or her basic rights are in danger hereupon. There may be reasonable infringe caused by due process, or great infringe caused by undue process. Even the most powerful crime forces become small as worms before state violent machinery, let alone the state prosecution has the possibility of hurting the innocent because of the defects in system. That' s the fundamental reason why penal prosecution system must protect completely the basic human rights of suspects and defendants from over and illegal infringe.

  17. Civil Disobedience.

    Science.gov (United States)

    Martz, Carlton

    2000-01-01

    This theme issue looks at three historical and recent instances of civil disobedience. The first article examines the Free Speech Movement, which arose on the Berkeley campus of the University of California in the 1960s. The second article recounts the struggle of Mahatma Gandhi to free India from the British Empire. The final article explores the…

  18. Environmental and ecological citizenship in civil society

    OpenAIRE

    Humphreys, David

    2009-01-01

    Drawing from the work of Andrew Dobson, two notions of citizenship in civil society can be distinguished: environmental citizenship, which focuses on environmental rights and seeks to redefine the relationship between the state and the citizen; and ecological citizenship, which goes beyond a rights-based notion of citizenship to advocate the fair usage of ecological space across international borders. Using civil society initiatives to conserve forests, this article argues that these two noti...

  19. The Enlightenment of The Love Canal Events to Chinese Civil Environmental Rights Movement%“拉夫运河事件”对中国民间环境维权运动的启示

    Institute of Scientific and Technical Information of China (English)

    张丹

    2015-01-01

    拉夫运河事件是20世纪70年代末期在美国发生的典型的有毒废气物掩埋造成严重污染的事件,该事件对运河周围居民的健康造成了极其严重的威胁。人们在路易斯·吉布斯的领导下,以拉夫运河户主协会为组织,同污染企业及政府进行了艰难的斗争。在经历了疑惑、失望、绝望之后,最终,拉夫运河居民在这场漫长的环境维权运动中赢得了胜利。在这一维权运动中,有很多经验教训值得我们深思,并对当今中国的环境维权运动有很大的启示:首先,在一场环境维权运动中必须要有一个有组织的公民团体;其次,新闻媒体在环境维权中所发挥的作用是不容忽视的;最后,相关的环保法律法规在环境维权运动中同样是必不可少的。%The Love Canal Events seriously threatened the health of the residents. In order to survive, people were forced to form the Citizens' Clearinghouse for Hazardous Wastes (CCHW) and in the lead of Louis Gibbs they struggled hardly with polluting enterprises and the government. After the confusion, disappointment and despair, the love canal residents eventually won the day in the long environmental activism. The rights movement has a lot of experience and lessons worthy of our consideration and has significance to current Chinese environmental rights movement:Firstly, in an environment rights movement an organized civil society is necessary. Secondly, the role of news media in environmental activist cannot be ignored. Finally, the relevant environmental protection laws and regulations in environmental rights movement are also indispensable.

  20. Responsabilidade civil

    OpenAIRE

    Dalanhol, André

    2002-01-01

    Dissertação (mestrado) - Universidade Federal de Santa Catarina, Centro Tecnológico. Programa de Pós-Graduação em Engenharia de Produção. 1. INTRODUÇÃO - aborda o tema Responsabilidade Civil - Reparação do Dano Moral Ambiental, de forma sucinta, justificando sua aplicabilidade no direito brasileiro, discorrendo acerca de cada etapa do trabalho; 2. MEIO AMBIENTE - CONCEITO - proposta de um conceito mais amplo de meio ambiente, que melhor se coadune com a realidade atual, uma vez que os con...

  1. Os direitos civis das mulheres casadas no Brasil entre 1916 e 1962: ou como são feitas as leis Civil rights for married women in Brazil, from 1916 through 1962: or better, how laws are made

    Directory of Open Access Journals (Sweden)

    Teresa Cristina de Novaes Marques

    2008-08-01

    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.

  2. Global Standards of Market Civilization

    DEFF Research Database (Denmark)

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

  3. The Human Right to Peace

    Directory of Open Access Journals (Sweden)

    Carlos Villán Durán

    2014-10-01

    Full Text Available The international codification of the human right to peace was brought to the United Nations by civil society organizations. The draft declaration submitted to the States has a holistic nature, is very rooted in the international human rights law, and considers peace as the absence of all forms of violence (Santiago Declaration on the Human Right to Peace of 10 December 2010. A working group appointed by the UN Human Rights Council should achieve a new and consensual text to bridge the existing gap between developed and developing States in this field, the former being more supportive of the thesis maintained by civil society.

  4. Judicial civil procedure dragging out in Kosovo

    Directory of Open Access Journals (Sweden)

    Rrustem Qehaja

    2016-03-01

    Full Text Available This article tends to deal with one of the most worrying issues in the judicial system of Kosovo the problem of judicial civil procedure dragging out. The article analyses the reasons of these dragging outs of the judicial civil procedure focusing on the context of one of the basic procedural principles in civil procedure-the principle of economy or efficiency in the courts. Dragging out of civil procedure in Kosovo has put in question not only the basic principles of civil procedure, but it also challenges the general principles related to human rights and freedoms sanctioned not only by the highest legal act of the country, but also with international treaties. The article tends to give a reflection to the most important reasons that effect and influence in these dragging outs of civil procedure, as well as, at the same time aims to give the necessary alternatives to pass through them by identifying dilemmas within the judicial practice. As a result, the motives of this scientific paper are exactly focused at the same time on identifying the dilemmas, as well as presenting ideas, to overstep them, including the judicial practice of the European Court of Human Rights on Article 6 of the European Convention on Human Rights, by which it is given the possibility to offering people efficient and within a reasonable time legal protection of their rights before national courts. For these reasons, the paper elaborates this issue based on both, the legal theory and judicial practice.

  5. Research on the External Conditions and the Government Responsibility for the Realization of Civil Rights of Consciousness in China%论我国公民权利自觉化实现的外部条件与政府职责

    Institute of Scientific and Technical Information of China (English)

    徐丽芳

    2012-01-01

    公民权利的自觉化,是指公民对自己权利的自我认识及正确行使的能力状态。要想让这种自觉化变为现实,在外部条件上,必须有完善社会的法治环境,树立法治理念;明确国家权力和公民权利的辩证关系,对主权者身份认同意识重新觉醒;认清国家权力和公民权利的辩证关系,能够帮助公民充分认识到公民权利是国家权力的来源和存在前提;依法享有和维护正当权利是行使人民当家作主的合法权力;政府对公民维权行为采取鼓励支持态度;创造条件让公民熟悉法定权利,提高法治素质和维权能力。这些外部条件赋予了政府以重要的职责:加大法律执行力度,坚决实施依法治国的基本方略;扩大人民民主,加强公共行政监督机制;深化政治制度改革,促进服务型政府转型;理论实践相结合,坚决落实公民权利教育。%Consciousness of civil rights refers to the state of the ability of citizens about what civil rights are and how to exercise them. To transform the consciousness of civil rights to realization, in the external conditions, we should have a systematic and perfect law environment, set up the concept of legality, clarify the dialectical relationship of national power and civil rights and awaken the sovereign status consciousness; the government should take more positive attitude to help the citizens realize that the civil rights of the citizens are the sources and premise of the state power and that it is the legitimate power for them to enjoy and defend their due masters' rights. Many conditions and environment should be created so that citizens can be familiar with legal rights and improve their ability to use them. Because of these external conditions, the government has its unshirkable responsibility to strengthen the enforcement of law, firmly implement the basic strategy of state affairs according to law, expand the civil democracy and reinforce the public

  6. 5 CFR 359.702 - Placement rights.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Placement rights. 359.702 Section 359.702 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS REMOVAL FROM THE SENIOR... rights. (a) An appointee covered by this subpart is entitled to be placed in a vacant civil...

  7. 13 CFR 302.20 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 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...

  8. 28 CFR 31.202 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 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.)...

  9. 比较法视野下对世界主要国家民事程序选择权的立法思考%Legislative Thinking on Right of Choosing Civil Procedures in Major Countries Around the Worldfrom the Perspective of Comparison Method

    Institute of Scientific and Technical Information of China (English)

    包斯琴

    2014-01-01

    In countries where there is an advanced procedural law ,usually the right to chose a civil procedure is the primary procedural right of the party .There are also rules in our country's Civil Procedure Act and its relevant legislative explanations ,but they are neither systematic enough nor free of the feature of power .As a consequence ,it is usually a matter of form for the party to carry out his right of choosing their civil procedures .In this essay ,relevant legislative rules about this right in the major two law systems are introduces .The writer attempts to be helpful in perfecting legislation by learning from foreign legisla -tion with our country's reality as the staring point .%先进的诉讼法制国家普遍将民事程序选择权确立为当事人的一项基本程序权利。关于民事程序选择权,在我国的民事诉讼法以及相关司法解释中虽有规定,但不太系统,且职权主义色彩太浓,导致司法实践中当事人的民事程序选择权大多流于形式。笔者在对两大法系主要国家关于民事程序选择权的立法规定加以介绍,试图通过了解当前世界法治较发达国家的立法规定,立足国情,借鉴国外立法,以期在完善立法方面有所帮助。

  10. Legal Protection of the Right of Appeal

    Institute of Scientific and Technical Information of China (English)

    江曼

    2014-01-01

    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.

  11. On the Rural Residents Civil Rights in China: —— A Case Study of New Rural Construction in Ganzhou%论农民的公民权问题——以赣州市新农村建设为例

    Institute of Scientific and Technical Information of China (English)

    吴岚

    2012-01-01

    农村居民与城市居民都是宪法基本主体,理所当然地享有我国宪法赋予的公民权,并不存在一个不同的农民的公民权,问题是如何落实农民的公民权。新农村建设的实质,就是从实践层面不断落实宪法赋予农民的公民权,使农村居民变成享有"国民待遇"的公民。赣州市的新农村建设为农民公民权的实现和落实进行了有价值的实践与探索。%From the perspective of the constitution, the rural residents are part of our citizens. The rural residents and urban resi- dents are supposed to be equal citizens, and they are the basic subjects of our constitution. Of course, the rural residents enjoy civil rights entitled by our constitution. So, there is not a different rural residents" citizenship, but how to implement their civil rights. Therefore, the essence of the new rural construction is to implement rural residents'civil rights entitled by constitution from a practical level, making them become citizens enjoying national treatment. Taking new rural construction in Ganzhou for example, the paper is to offer a new path to overcome the difficulties from the perspective of implementing rural residents'citizenship.

  12. Civil society responds to protection gap

    Directory of Open Access Journals (Sweden)

    Vivienne Jackson

    2006-08-01

    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.

  13. The Judicial Application of the Plaintiff's Cancellation Right in the Appeal of Civil Proceedings%论民事二审程序中原告撤诉权的司法适用——兼与李海涛法官商榷

    Institute of Scientific and Technical Information of China (English)

    石珍; 曾令抄

    2011-01-01

    私权自治并不能证成二审撤诉权的自由行使,《民事诉讼法》第13条、第157条也不能成为二审撤诉权的规范依据。二审撤诉权必须以《最高人民法院关于适用〈民事诉讼法〉若干意见的规定》第191条为适用依据。在原告申请撤诉、被告同意撤诉且生效判决尚未确定等要件之下,方可允许原告撤回起诉,且应通过禁止再诉防止原告滥用诉讼权利。%Proprietary autonomy can not verify the justification of the free exercise of cancellation right in the appeal of civil proceedings,and also the Section13 and Section157 of the Civil Procedure Law can not be the standard basis of the cancellation in the appeal.The application of the cancellation in the appeal must be in accordance with the Section 191 of the Supreme Court opinions on the application of certain provisions of the Civil Procedure Law.Until the Application for withdrawal of the plaintiff,the defendant agreed to the withdrawal and the entry into force of such elements has not been established under the ruling,can the plaintiff be allowed to withdraw the complaint,and to avoid the plaintiff 's abuse of the litigation rights,it is not allowed to take the repeat complaint..

  14. 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

    Science.gov (United States)

    Tymeson, Garth

    2013-01-01

    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…

  15. Hitchhiking to Visibility: Women's Rights Enactments in the 1960s.

    Science.gov (United States)

    Morain, Thomas

    Demands made by the feminist movement in the 1960s are examined, with particular emphasis on influences of the black civil rights movement on these demands. It is suggested that the black civil rights movement encouraged women to demand an end to institutional discrimination in matters of sex as well as race, push for sex discrimination amendments…

  16. Human Rights Education in Israel: Four Types of Good Citizenship

    Science.gov (United States)

    Agbaria, Ayman K.; Katz-Pade, Revital

    2016-01-01

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

  17. 5 CFR 185.144 - Right to administrative offset.

    Science.gov (United States)

    2010-01-01

    ... 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...

  18. "The Goddamndest, Toughest Voting Rights Bill": Critical Race Theory and the Voting Rights Act of 1965

    Science.gov (United States)

    Crowley, Ryan M.

    2013-01-01

    The author utilized Critical Race Theory (CRT) to examine the passage of the US Voting Rights Act (VRA) of 1965 in an effort to disrupt the simplistic, uncritical understandings of the US Civil Rights Movement common to school texts while also arguing for the ongoing importance of the VRA in a time when voting rights for people of color are under…

  19. Civil Society and Governance

    DEFF Research Database (Denmark)

    Hulgård, Lars

    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....

  20. Legalisation of Civil Wars

    DEFF Research Database (Denmark)

    Buhl, Kenneth Øhlenschlæger

    2009-01-01

    -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......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...... wars as internal conflicts have become subject to international humanitarian law....

  1. The Right to Rights.

    Science.gov (United States)

    Robertson, Heather-jane

    2001-01-01

    When Canada signed the UN Convention on the Rights of the Child in 1990, all government levels became responsible for adopting and implementing a set of entitlements considered too radical for Americans. Critics claim the Convention subverts absolute parental and institutional authority over children. Implementation problems and progress are…

  2. Refractions of Civil Society

    DEFF Research Database (Denmark)

    Kuzmanovic, Daniella

    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....

  3. Reconceptualizing Civil Regulation

    DEFF Research Database (Denmark)

    Galang, Roberto Martin; Castello, Itziar

    2011-01-01

    This article re-conceptualizes the notion of civil regulation, through an analysis of 775 projects by firms located in 21 Asian countries, wherein we map the state of civil regulation initiatives in the region. We challenge two established assumptions in the Corporate Social Responsibility litera...

  4. Civil Procedure In Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

    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...

  5. Protecting indigenous rights. Guatemala.

    Science.gov (United States)

    1996-01-01

    Guatemala's recent ratification of the International Labor Organization (ILO) Convention regarding indigenous and tribal peoples (1989, No. 169) represents a commitment to guarantee the rights of the country's majority Mayan population. Ratifying governments are obligated to respect the traditional values and land rights of tribal and indigenous peoples and to consult with them on any decisions affecting their economic or social development. Ratification of this Convention was a key element in an eight-part UN-sponsored negotiation aimed at ending the civil war in Guatemala. Efforts are underway to promote dialogue between organized civil society and government. Negotiations in May 1996, conducted with ILO assistance, resulted in a socioeconomic agreement under which Guatemala will increase social investment in education, undertake agrarian reform, and institute tripartite consultation on all major social and economic issues. However, two key issues in the peace negotiations--the role of the army in civil society and constitutional reform--remain unresolved. The final global peace accord is expected to be signed in September 1996. UN organizations are already working to mobilize international support for transforming these agreements into political and social realities for the Guatemalan people.

  6. Civil War and Inoperativity

    DEFF Research Database (Denmark)

    Flohr, Mikkel

    2017-01-01

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

  7. EUROPEIZAREA DREPTULUI PROCESUAL CIVIL

    Directory of Open Access Journals (Sweden)

    Alexandrina Zaharia

    2006-05-01

    Full Text Available The European Union increases the judiciary cooperation in civil and comercial cases with trans-border incidence, based on the principle of mutual recognition of judiciary rulings. The aim of adopting frame-legislation is to ensure the developement of civil procedures. The Council Regulations no. 44/2001 on the competence, the recognition and the enforcement of judiciary rulings in civil and commercial cases is a “real” Code of civil procedure in this matter, to be applied in the member states, thus ensuring the free circulation of the judiciary rulings according to the principles of mutual recognition, mutual trust and reinforcement of juridical security in the union. The community civil procedural code prevails over the national procedural code. The Regulations ensure the administration of the community justice and through their rules avoid the pronunciation, in the member states, of rulings that are irreconcilable with each other, the direct beneficiaries being legal and natural persons.

  8. Producing Civil Society

    DEFF Research Database (Denmark)

    Feldt, Liv Egholm; Hein Jessen, Mathias

    of the century. 2, the laws and strategies of implementing regarding the regulation of civil societal institutions (folkeoplysningsloven) since the 1970’s this paper shows how civil society in 20th century Denmark was produced both conceptually and practically and how this entailed a specific vision and version......Since the beginning of the 1990’s, civil society has attracted both scholarly and political interest as the ‘third sphere’ outside the state and the market not only a normatively privileged site of communication and ‘the public sphere’, but also as a resource for democratization processes......’ and as such dominates our way of thinking about civil society. Yet, this view hinders the understanding of how civil society is not a pre-existing or given sphere, but a sphere which is constantly produced both discursively, conceptually and practically. Through two examples; 1,the case of philanthropy in the beginning...

  9. Right patient, Right blood

    DEFF Research Database (Denmark)

    Selberg, Hanne; Madsen, Trine Stougaard

    2014-01-01

    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...... errors. Nursing students have limited possibility to practice safe blood transfusion during clinical placements. We introduced simulation-based workshops to reinforce safe transfusion practice and thus increase patient safety but equally important to bridge the gap between theory and practice. Objectives......: The objective of the current study was to test workshops focusing on procedures of safe blood transfusion by combining theory and practice, integrating current guidelines on safe blood transfusion and hereby help students to better recognize and handle errors and adverse reactions. Methods: 372 third year...

  10. 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

    Directory of Open Access Journals (Sweden)

    Carolina Alves Vestena

    2011-09-01

    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

  11. 45 CFR 1225.21 - Statutory rights.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false Statutory rights. 1225.21 Section 1225.21 Public Welfare Regulations Relating to Public Welfare (Continued) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE... Statutory rights. (a) A Volunteer, trainee, or applicant is authorized to file a civil action in...

  12. 5 CFR 752.605 - Appeal rights.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Appeal rights. 752.605 Section 752.605 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) ADVERSE... Service § 752.605 Appeal rights. (a) Under 5 U.S.C. 7543(d), a career appointee against whom an action...

  13. How Global is Global Civil Society?

    Directory of Open Access Journals (Sweden)

    Neera Chandhoke

    2015-08-01

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

  14. Civil Society Organizations: Development and Failures

    OpenAIRE

    Abdallah, Ali Saleh

    2016-01-01

    One has not to be worried about civil society organizations because they have already received an important role to play in social activities, in the development and the defense of human rights. Therefore, they represent a key partner for the state, alongside with which they participate in economic and social development. In fact, nowadays, it is no longer possible for the state alone to vouch for social development and to assume responsibility for all social problems. The relations between t...

  15. Sustaining the Peace After Civil War

    Science.gov (United States)

    2007-12-01

    GOVERNMENT Fight Quit REBELS Fight Civil War Continues Rebels Win Quit Government Wins Negotiated Settlement Derived from Allan C. Stam III, Win...Approach,” Journal of Conflict Resolution, Vol. 23, No. 4, December 1979, pp. 743-763; Allan C. Stam III, Win, Lose, or Draw: Domestic Politics and...Resolution Vol. 39, No. 3, September 1995, p. 388. 135. Steven C. Poe and C. Neal Tate, “Repression of Human Rights to Personal Integrity in the 1980s: A

  16. Climates, Landscapes, and Civilizations

    Science.gov (United States)

    Schultz, Colin

    2013-10-01

    Humans are now the dominant driver of global climate change. From ocean acidification to sea level rise, changes in precipitation patterns, and rising temperatures, global warming is presenting us with an uncertain future. However, this is not the first time human civilizations have faced a changing world. In the AGU monograph Climates, Landscapes, and Civilizations, editors Liviu Giosan, Dorian Q. Fuller, Kathleen Nicoll, Rowan K. Flad, and Peter C. Clift explore how some ancient peoples weathered the shifting storms while some faded away. In this interview, Eos speaks with Liviu Giosan about the decay of civilizations, ancient adaptation, and the surprisingly long history of humanity's effect on the Earth.

  17. Reform and Development of Shanghai's Civil Affairs

    Institute of Scientific and Technical Information of China (English)

    LINGLING

    2005-01-01

    The work of the Shanghai Civil Affairs Bureau centers on social administration,democratic political construction at grass roots level, social relief and welfare,care and support of servicemen and their families, and national defense construction. It guarantees the people's basic rights, particularly those in difficulty,and maintains social stability. Effective management of civil affairs is crucial to the construction of a weft-off society.

  18. Civil & Criminal Penalties

    Data.gov (United States)

    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...

  19. Civil Surgeon Info

    Data.gov (United States)

    Department of Homeland Security — USCIS designates certain doctors (also known as civil surgeons) to perform the medical exam required for most Green Card applicants. This data set represents the...

  20. THE PUBLIC DEFENDER OFFICE IN THE NEW CIVIL PROCEDURE CODE

    Directory of Open Access Journals (Sweden)

    Renan Barros dos Reis

    2015-12-01

    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

  1. Transnationalising Civil Society?

    DEFF Research Database (Denmark)

    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 citiz......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...

  2. CONSUMER'S RIGHT TO WITHDRAW

    Directory of Open Access Journals (Sweden)

    ANCA NICOLETA GHEORGHE

    2013-05-01

    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.

  3. 试析民事合同欺诈与合同诈骗罪的区别--以一起林权转让纠纷为例%Difference between Civil Contract Fraud and Crime of Fraud of the Contract---Take a Case of the Forest Rights Transfer Disputes as an Example

    Institute of Scientific and Technical Information of China (English)

    武亚莉

    2014-01-01

    从一起林权转让纠纷的定性为切入点,深入探讨民事合同欺诈与合同诈骗罪的含义、特征,分析二者的区别,即民事合同欺诈与合同诈骗罪在主观目的、客观表现、数额要求、法律责任等方面不同,指出执法实践中特别应注意审查欺诈行为人主体资格是否属实,弄清欺诈行为人客观上有无实际履约能力,查清欺诈行为人有无实际履约行为,核实行为人不履行合同的原因,查明行为人资金和财务流向等问题。%As transfer forest rights disputes together qualitative is the breakthrough point, this paper deeply discusses the meanings of civil contract fraud and contract fraud, characteristics, and analysis the difference between the them, namely the civil contract fraud and crime of fraud of the contract in the subjective purpose, objective performance, requirements, legal liability, and so on. This paper mainly points out that more attention should be paid to the problems of law enforcement practice, and the reason why perpetrator doesn’t carry out the contracts.

  4. China's Judicial Protection of Human Rights

    Institute of Scientific and Technical Information of China (English)

    SHEN LIANG

    2007-01-01

    @@ 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.

  5. The barbarism of civilization: cultural genocide and the 'stolen generations'.

    Science.gov (United States)

    van Krieken, R

    1999-06-01

    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.

  6. Crisis, Conspiracy and Rights

    DEFF Research Database (Denmark)

    Mylonas, Yiannis

    2007-01-01

    ' are contextualized in the aftermath of a terrorist attack.  The case study is a documentary produced shortly after a terrorist event that embraces the question ‘why bomb London?' regarding the London public transport attacks of 7/7/2005.   The analytical paradigm used is based on Critical Discourse Analysis which......The dispersed character of terrorism as a practice became more coherent to the Western realm through the operationalisation of counter terrorist discourses.    The media played a major role in that in the sense that they provided public ‘visibility' upon the potentiality of terrorist threat.  What...... this essay would like to discuss is the way such representations of threat negotiate a number of issues evolving around ‘civil rights'; discrimination, intensification of surveillance or militarization legitimacy of a state of emergency; and how public discourses of broader issues of ‘rights...

  7. Patient Rights

    Science.gov (United States)

    As a patient, you have certain rights. Some are guaranteed by federal law, such as the right to get a copy ... them private. Many states have additional laws protecting patients, and healthcare facilities often have a patient bill ...

  8. Human Rights of Women and A Harmonious World

    Institute of Scientific and Technical Information of China (English)

    ZHANG XIAOLING

    2007-01-01

    @@ 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.

  9. Right abuse in private relations and its consequences on personality rights

    OpenAIRE

    Reis, Clayton; Cesumar

    2007-01-01

    Right abuse was innovatively introduced in the Civil Code article 187 in 2002 due to its omission on the Civil Code of 1916. It refers to an institute of high social reach aiming at preventing that the holder of a right explicitly exceeds the social and economical objective of the law. However, whenever this fact occurs, there will be an immediate effect on the personality rights and human being dignity, generating for the victims losses and damages accumulated with moral damages. The study a...

  10. 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

    Institute of Scientific and Technical Information of China (English)

    李浩; 周磊

    2014-01-01

    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。

  11. Whose Rights?

    DEFF Research Database (Denmark)

    Aktor, Mikael

    2016-01-01

    minorities, and the rights of family and privacy. This disagreement is also present among scholars of religion. A reading of public statements by scholars of religion in the ongoing Danish (and Norwegian) debate reveals the lack of consensus of the study of religion when it comes to matters that are of great......The debate over ritual infant male circumcision has increasingly been thematized as a Human Rights issue. But the claims on such rights seem highly conflicting. In particular, the rights of the child seems to conflict with the freedom of religion of parents, the rights of religious and ethnic...

  12. Historical aspects of the nuclear right development; Aspectos historicos en el desenvolviminento del derecho nuclear

    Energy Technology Data Exchange (ETDEWEB)

    Puig, Diva E. [Universidad de la Republica, Montevideo (Uruguay). Facultad de Derecho

    1999-04-01

    This paper analyses the historical aspects of the nuclear right development. It makes the evolution of the fundamental principles of nuclear right, in special, the civil responsibility for nuclear damages. (author)

  13. The right to education as a fundamental social right in its three dimensions: primary, secondary and higher education

    Directory of Open Access Journals (Sweden)

    Francisco Cortés Rodás

    2012-06-01

    Full Text Available This paper tackles the question: Can universal access to education be considered a fundamental right? Here we analyze the implications of having excluded universal access to education from the Constitution’s chapter on basic rights. We also examine two important traditions in the field of fundamental rights. The neo liberalist tradition, which holds that only civil and political rights are fundamental rights, and the social liberal tradition, which holds that fundamental rights should include civil and political as well as economic and social rights. We then review the history that the right to an education has had in the jurisprudence of the constitutional court. The paper concludes with a critique of the higher education reform bill and some suggestions with a view to introducing universal access to education as a fundamental right.

  14. Family Enterprise in Czech Civil Code

    Directory of Open Access Journals (Sweden)

    Janku Martin

    2016-12-01

    Full Text Available For more than two decades the family business enterprises of the first generation (generation of founders are more and more dominating in the category of today’s small and medium–sized enterprises in the Czech Republic. The necessary legal background defining the legal relationships and rights of all participating persons was, however, limited to general provisions in the Commercial Code that has not solved many of the problems associated thereto. Only in 2012 the new Czech Civil Code, Act. No 89/2012 Coll., introduced the institute of family enterprise as completely new term in the Czech Civil law. The presented paper aims to analyse the key rules of this new legal regulation, focusing on significant aspects of the institute in the context of commercial law and family law, as well as, to highlight the potential weaknesses and gaps existing in the regulation.

  15. "Women's Rights as Human Rights: A Political and Social Economy Approach within a Deep Democratic Framework"

    OpenAIRE

    Khan, Haider A.

    2007-01-01

    In this paper we offer the social capabilities based approach to women's rights as human rights. We begin with the standard approach and discuss the universal human rights model before developing the social capabilities approach followed throughout the rest of this paper. In this paper by political economy we mean the classical state and civil society and their interactions. By social economy we mean the underlying social basis of the political economy including the family structure. Khan(199...

  16. Women's rights are human rights -- why development has failed women.

    Science.gov (United States)

    1995-08-01

    Oxfam UK/I believes that all women have the right to a livelihood, reproductive choice, health care, education, and employment. Access to resources, decision-making, political and religious freedom of expression, and freedom from all forms of violence are also equally important. Oxfam UK/I recognizes that women worldwide from a diversity of cultures and religions are arguing for similar rights, but continuing efforts to create women's equality and empowerment have had only limited success. There has been no significant improvement in women's lifestyles, the feminization of poverty is increasing, growing religious fundamentalism threatens advances made toward equality, and there has been an increasing violation of women's individual human rights to development in the last decade. Human rights instruments to tackle gender inequality exist, but they are not implemented. The rights approach to development recognizes that unless inequalities at local, national, and international levels are seen and challenged, women will continue to face poverty, inadequate representation of their needs and views, and policies which are contrary to their interests. The rights approach encompasses all aspects of women's lives, recognizing that women's rights in the civil, political, social, economic, and cultural spheres are indivisible from one another in the realities of daily life. Oxfam UK/I acknowledges the complexity of the rights debate.

  17. Creative Ventures: Ancient Civilizations.

    Science.gov (United States)

    Stark, Rebecca

    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…

  18. History and Undergraduate Civilization.

    Science.gov (United States)

    Conroy, Peter

    1995-01-01

    It is argued that a traditional, historically-oriented course in 17th- and 18th-century French civilization continues to be an appropriate and effective approach for undergraduate French study, in preparation for later, more sophisticated cultural analysis. Four course components are discussed: class lectures; literary text selection; textbook…

  19. Re-thinking civil disobedience

    Directory of Open Access Journals (Sweden)

    Theresa Züger

    2013-11-01

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

  20. Civil Liberties Support in Relation to Moral Reasoning Scores.

    Science.gov (United States)

    Hoffman, Roger; Zalkind, Sheldon S.

    Civil liberties are rights enjoyed by individuals guaranteeing them protection from the arbitrary or discriminatory acts of government. Kohlberg's cognitive-developmental theory of moral reasoning and studies of behavioral/abstract attitudinal measures provide a rationale for examining moral reasoning processes, intelligence, and selected…

  1. Civility in Classes and Sports

    Science.gov (United States)

    Lumpkin, Angela

    2010-01-01

    Civility is a polite or courteous act, expression, or standard of conduct, including the display of respect and tolerance to everyone. Teaching and modeling civility in classes and with sport teams is essential so students and athletes can learn the importance of and demonstrate civility in their interactions with others. Teachers and coaches…

  2. Exploring Civilizations with 'Seven Wolves'

    Institute of Scientific and Technical Information of China (English)

    Yang Jie

    2007-01-01

    @@ 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.

  3. The Limitation of Western Civilization And the Revival of Oriental Civilization

    Institute of Scientific and Technical Information of China (English)

    Su; Hao

    2014-01-01

    <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

  4. Research on Ecological Civilization Evaluation Index System

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    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...

  5. 马克思早期在何种意义上批判了黑格尔的市民社会观*--基于对《黑格尔法哲学批判》的文本分析%In What Sense Marx Criticized Hegel”s Concept of Civil Society:A Textual Analysis Based on Marx”s Critique of Hegel”s Philosophy of Right

    Institute of Scientific and Technical Information of China (English)

    张福公; 孙乐强

    2014-01-01

    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 started his road to search for historical materialism.%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、

  6. Judicial Enforcement of Economic, Social and Cultural Right

    OpenAIRE

    Aulona Haxhiraj

    2013-01-01

    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...

  7. Manifestations of advanced civilizations

    Science.gov (United States)

    Bracewell, R. N.

    A list of possible modes of detecting advanced civilizations elsewhere in the universe is provided, including EM Alfven, and gravity waves, matter transfer, and exotica such as tachyons, black hole tunneling, and telepathy. Further study is indicated for low frequency radio wave propagation, which may travel along magnetic fields to reach the earth while laser beams are not favored because of the power needed for transmitting quanta instead of waves. IR, X ray, and UV astronomy are noted to be suitable for detecting signals in those ranges, while Alfven wave communication will be best observed by probes outside the orbit of Jupiter, where local anomalies have less effect. Particle propagation communication is viewed as unlikely, except as a trace of an extinct civilization, but panspermia, which involves interstellar spreading of seeds and/or spores, receives serious attention, as does laser probe or pellet propulsion.

  8. Insolvencias. Civil y societaria

    Directory of Open Access Journals (Sweden)

    Gustavo Bordes Leone

    2014-01-01

    Full Text Available El deudor civil que, para substraerse al pago de sus obligaciones, ocultara sus bienes, simulara enajenaciones o créditos, se trasladara al extranjero o se ocultare sin dejar persona que lo represente, o bienes a la vista en cantidad suficiente para responder al pago de sus deudas, será castigado con pena de tres meses de prisión a tres años de penitenciaría. La acción penal no podrá ser ejercitada sino a denuncia de parte, y sólo en el caso de que la insolvencia del deudor resulte comprobada por actos infructuosos de ejecución en la vía civil.Antecedentes históricas. La insolvencia fraudulenta. Insolvencia societaria fraudulenta: Análisis crítico.

  9. Civil society sphericules

    DEFF Research Database (Denmark)

    Tufte, Thomas

    2014-01-01

    This article explores the communicative practice of a Tanzanian NGO, Femina. Based on a tripartite model of engagement (Madianou, 2012) integrating speech, action and understanding, and drawing on fieldwork on the communication practices of Femina, I critically assess the forms of civic engagement...... 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....

  10. Women's Rights Are Human Rights!

    Science.gov (United States)

    Salaam, Kalamu Ya

    1979-01-01

    This article emphasizes that the women's rights movement must be viewed as a vital part of the human rights struggle. It is argued that both men and women should speak out against sexism and support the struggles of women to defend and develop themselves. (Author/EB)

  11. A theoretical examination of the rights of nurses.

    Science.gov (United States)

    Kangasniemi, Mari; Viitalähde, Kirsi; Porkka, Sanna

    2010-09-01

    Nurses' duties and patients' rights have been important foci in nursing. Nurses' rights legitimate the power and responsibility of the profession. There are few published articles on this subject in the nursing science literature. This article is a theoretical examination of nurses' rights that aims to structure (i.e. show the internal logic of) those that have been little studied. It is based on the philosophical literature and published research. Nurses' rights can be divided into: human and civil rights, rights based on health care legislation, professional rights, and earned rights. In this context, professional rights relate to nursing and also to tasks shared with other health care professions. Analyzing nurses' rights will help to promote these rights, improve nurses' position both nationally and internationally, and provide possibilities for enhancing patient care.

  12. General Principles of the Civil Law of the People’s Republic of China

    Institute of Scientific and Technical Information of China (English)

    1994-01-01

    In this issue we will introduce readers to the General Principles of the Civil Lave of the People’s Republic of China, which was adopted at the Fourth Session of the Sixth National People’s Congress, promulgated by order No.37 of the President of the People’s Republic of China on April 12, 1986, and effective as of January 1, 1987.This law was formulated according to the constitution and the actual situation in our country, drawing upon our practical experience in civil actirities,for the purpose of protecting the lawful civil rights and interests of citizens and legal persons and correctly adjusting civil relations,so as to meet the needs of the developing socialist modernizationThe Civil Law of the People’s Republie of China has 156 articles and 9 chapters. The chapters are:1) Basic Principles;2) Citizen (Natural Person); 3) Legal Persons; 4) Civil Law and Agencies; 5)Civil Rights; 6) Civil Liability; 7) Limitations of Action; 8) Application of Law in Civil Relations with Foreigners; and 9) Supplement

  13. The Right to Marry: "Loving v. Virginia."

    Science.gov (United States)

    Wallenstein, Peter

    1995-01-01

    Discusses the background, legal issues, and significance of the Supreme Court decision, "Loving v. Virginia" (1967). Outlines the history of laws against interracial marriage throughout U.S. history. Asserts that interpretation of the Fourteenth Amendment, applying federal civil rights to the states, was a key factor in the case. (CFR)

  14. Randolph Blackwell and the economics of civil rights

    OpenAIRE

    Hickmott, Alec Fazcakerley

    2011-01-01

    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...

  15. 7 CFR 2.25 - Assistant Secretary for Civil Rights.

    Science.gov (United States)

    2010-01-01

    ..., Congressional mandates, and other laws, rules, and regulations, as appropriate. (viii) Actions to develop and..., including the authority: (A) To make changes in programs and procedures designed to eliminate...

  16. 7 CFR 2.300 - Director, Office of Civil Rights.

    Science.gov (United States)

    2010-01-01

    ..., Congressional mandates, and other laws, rules, and regulations, as appropriate. (viii) Actions to develop and... and procedures designed to eliminate discriminatory practices and improve the Department's EEO...

  17. Charter Schools, Civil Rights and School Discipline: A Comprehensive Review

    OpenAIRE

    Losen, Daniel J.; Keith, Michael A II; Hodson, Cheri L.; Martinez, Tia E

    2016-01-01

    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 on out-of-school suspension rates at the elementary and secondary levels. The report describes the extent to which suspensions meted out by charter ...

  18. After Decolonization, After Civil Rights: Chinua Achebe and James Baldwin

    Directory of Open Access Journals (Sweden)

    Bill Schwarz

    2015-09-01

    Full Text Available The escalation of systematic, if random, violence in the contemporary world frames the concerns of the article, which seeks to read Baldwin for the present. It works by a measure of indirection, arriving at Baldwin after a detour which introduces Chinua Achebe. The Baldwin–Achebe relationship is familiar fare. However, here I explore not the shared congruence between their first novels, but rather focus on their later works, in which the reflexes of terror lie close to the surface. I use Achebe’s final novel, Anthills of the Savanah, as a way into Baldwin’s “difficult” last book, The Evidence of Things Not Seen, suggesting that both these works can speak directly to our own historical present. Both Baldwin and Achebe, I argue, chose to assume the role of witness to the evolving manifestations of catastrophe, which they came to believe enveloped the final years of their lives. In order to seek redemption they each determined to craft a prose—the product of a very particular historical conjuncture—which could bring out into the open the prevailing undercurrents of violence and terror.

  19. Charter Schools, Civil Rights and School Discipline: A Comprehensive Review

    Science.gov (United States)

    Losen, Daniel J.; Keith, Michael A., II; Hodson, Cheri L.; Martinez, Tia E.

    2016-01-01

    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…

  20. Closing Ranks: Montgomery Jews and civil rights, 1954–1960

    OpenAIRE

    Webb, Clive

    1998-01-01

    The arrest of Rosa Parks on 1 December 1955 provided the spark which ignited the long smouldering resentments of black Montgomerians. For 381 days they waged a boycott of the city bus lines, frustrating the opposition of white authorities and financially crippling the local transit company. More profoundly it resulted in a Supreme Court decision outlawing segregation on public transportation. Equally momentous was the emergence of the man who would serve as the spiritual figurehead of the civ...

  1. 7 CFR 247.37 - Civil rights requirements.

    Science.gov (United States)

    2010-01-01

    ... racial/ethnic participation data and public notification of nondiscrimination policy. State and local... of 1973 (29 U.S.C. 794 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and... disability, be subjected to discrimination under the program. (b) How does an applicant or participant file...

  2. 7 CFR 3565.8 - Civil rights compliance.

    Science.gov (United States)

    2010-01-01

    ... regard to race, color, religion, national origin, sex, marital status, age, income from public assistance... discrimination on the basis of race, color, religion, sex, national origin, familial status or handicap. It is... facility for which a loan guarantee has been provided, and who believes that he or she is...

  3. Criminal law repercussions on the Civil Protection System

    Science.gov (United States)

    Altamura, M.; Musso, L.

    2009-09-01

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

  4. Understanding civil society before and after 1989

    Directory of Open Access Journals (Sweden)

    Ferenc Miszlivetz

    2012-02-01

    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

  5. THE RELATION BETWEEN THE CRIMINAL ACTION AND THE CIVIL ACTION

    Directory of Open Access Journals (Sweden)

    BOGDAN FLORIN MICU

    2013-05-01

    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.

  6. THE RELATION BETWEEN THE CRIMINAL ACTION AND THE CIVIL ACTION

    Directory of Open Access Journals (Sweden)

    Bogdan Florin MICU

    2013-06-01

    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.

  7. The United States and the universality of human rights.

    Science.gov (United States)

    Chomsky, N

    1999-01-01

    The United States takes a highly relativistic stance toward the Universal Declaration of Human Rights. It regards the socio-economic rights and the right to development as without status; exempts itself from all provisions of the Declaration by failing to sign the conventions designed to implement these provisions; and unilaterally qualifies its support of civil and political rights. Leading recipients of U.S. aid have traditionally included regimes with atrocious human rights records. Those struggling for human rights should have no illusions about the systems of power and their servants.

  8. 7 CFR 1.343 - Right to administrative offset.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 1 2010-01-01 2010-01-01 false Right to administrative offset. 1.343 Section 1.343... Administrative Hearings Under the Program Fraud Civil Remedies Act of 1986 § 1.343 Right to administrative offset... this part, may be collected by administrative offset under 31 U.S.C. 3716, except that...

  9. 14 CFR 1264.143 - Right to administrative offset.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Right to administrative offset. 1264.143... PROGRAM FRAUD CIVIL PENALTIES ACT OF 1986 § 1264.143 Right to administrative offset. The amount of any... administrative offset under 31 U.S.C. 3716, except that an administrative offset may not be made under...

  10. 24 CFR 26.56 - Right to administrative offset.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Right to administrative offset. 26....56 Right to administrative offset. The amount of any penalty or assessment that has become final... offset under 31 U.S.C. 3716 or other applicable law. In Program Fraud Civil Remedies Act matters,...

  11. 31 CFR 16.44 - Right to administrative offset.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Right to administrative offset. 16.44... THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 § 16.44 Right to administrative offset. The amount of any... administrative offset under 31 U.S.C. 3716, except that an administrative offset may not be made under...

  12. 22 CFR 224.44 - Right to administrative offset.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Right to administrative offset. 224.44 Section... CIVIL REMEDIES ACT § 224.44 Right to administrative offset. The amount of any penalty or assessment... offset under 31 U.S.C. 3716, except that an administrative offset may not be made under the...

  13. 10 CFR 13.44 - Right to administrative offset.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 1 2010-01-01 2010-01-01 false Right to administrative offset. 13.44 Section 13.44 Energy NUCLEAR REGULATORY COMMISSION PROGRAM FRAUD CIVIL REMEDIES § 13.44 Right to administrative offset. The... collected by administrative offset under 31 U.S.C. 3716, except that an administrative offset may not...

  14. 20 CFR 355.44 - Right to administrative offset.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Right to administrative offset. 355.44 Section 355.44 Employees' Benefits RAILROAD RETIREMENT BOARD ADMINISTRATIVE REMEDIES FOR FRAUDULENT CLAIMS OR STATEMENTS REGULATIONS UNDER THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 § 355.44 Right...

  15. 5 CFR 838.136 - Administrative appeal rights.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Administrative appeal rights. 838.136 Section 838.136 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE... Applicable to All Court Orders § 838.136 Administrative appeal rights. (a) Issues concerning application...

  16. 34 CFR 33.44 - Right to administrative offset.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false Right to administrative offset. 33.44 Section 33.44 Education Office of the Secretary, Department of Education PROGRAM FRAUD CIVIL REMEDIES ACT § 33.44 Right to administrative offset. The amount of any penalty or assessment that has become final, or for which a judgment...

  17. 33 CFR 1.07-70 - Right to appeal.

    Science.gov (United States)

    2010-07-01

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

  18. 22 CFR 1006.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... creates a civil liability for the complained of wrongful acts, or a final determination of liability under... 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...

  19. 34 CFR 85.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

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

  20. 21 CFR 1404.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... creates a civil liability for the complained of wrongful acts, or a final determination of liability under... 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...

  1. 22 CFR 1508.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... creates a civil liability for the complained of wrongful acts, or a final determination of liability under... 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...

  2. 22 CFR 208.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... creates a civil liability for the complained of wrongful acts, or a final determination of liability under... 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...

  3. 2 CFR 180.915 - Civil judgment.

    Science.gov (United States)

    2010-01-01

    ... creates a civil liability for the complained of wrongful acts, or a final determination of liability under... 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...

  4. DHS Office for Civil Rights and Civil Liberties FY 2011 Annual Report to Congress

    Data.gov (United States)

    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...

  5. DHS Office for Civil Rights and Civil Liberties FY 2012 Annual Report to Congress

    Data.gov (United States)

    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...

  6. DHS Office for Civil Rights and Civil Liberties FY 2013 Annual Report to Congress

    Data.gov (United States)

    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...

  7. 75 FR 34465 - Office for Civil Rights and Civil Liberties; Guidance to Federal Financial Assistance Recipients...

    Science.gov (United States)

    2010-06-17

    .... Nuances in language and non-verbal communication can often assist an interpreter and cannot be recognized... the costs of LEP requirements on small businesses, small local governments, or small non-profits that... non-English speaking students of Chinese origin was required to take reasonable steps to provide...

  8. Civil Islam atau Uncivil State: Masalah Demokratisasi dalam Masyarakat Muslim

    Directory of Open Access Journals (Sweden)

    Saiful Mujani

    2014-03-01

    Full Text Available Hefner, in his book entitled Civil Islam, proposes Indonesia as a relevant case in the debate among students of Muslim society and democracy as to whether Islam is inimical to democracy. He argues that Indonesian Muslims are more likely to support a democratic political system because civil Islam, that is a set of beliefs within the Muslim community that supports the separation of religious and political authority, pluralism and tolerance of fellow (non-Muslim citizens and their beliefs, is persistent. From a political culture approach to democracy, this culture is crucial for the emergence and consolidation of democracy. This book overstates the significance of civil Islam in the case of Indonesia, and cannot explain the fact that democracy is a rare phenomenon in the Muslim world, including in Indonesian history.Copyright (c 2014 by SDI. All right reserved.DOI: 10.15408/sdi.v8i2.692

  9. Employee Rights

    DEFF Research Database (Denmark)

    Scheuer, Steen

    2016-01-01

    , on the one hand, and what is considered as equitable (in accordance with employment rights) by employees, on the other. Since equality in reward counts for more among a considerable fraction of employees, while equity in contribution counts more for most employers, this is an inherent dilemma, constantly...

  10. Human rights

    NARCIS (Netherlands)

    Gaay Fortman, B. de

    2006-01-01

    Human rights reflect a determined effort to protect the dignity of each and every human being against abuse of power. This endeavour is as old as human history. What is relatively new is the international venture for the protection of human dignity through internationally accepted legal standards an

  11. Codificación civil

    OpenAIRE

    Verdera Server, Rafael

    2012-01-01

    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

  12. Environmental Ethics and Civil Engineering.

    Science.gov (United States)

    Vesilind, P. Aarne

    1987-01-01

    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)

  13. Civil Engineering Technology Needs Assessment.

    Science.gov (United States)

    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…

  14. Código civil colombiano

    OpenAIRE

    Secretaria del Senado Colombia

    2005-01-01

    El Código Civil como lo indica su articulo primero,comprende las disposiciones legales sustantivas que determinan especialmente los derechos de los particulares, por razón del estado de las personas, de sus bienes, obligaciones, contratos y acciones civiles.

  15. Reconstructing Sub-Saharan, Mayan, and Other Prehistoric Civilizations in Mathematical Macro-Theory of Civilizations

    CERN Document Server

    Blaha, S

    2003-01-01

    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.

  16. The Old Army in War and Peace: West Pointers and the Civil War Era, 1814-1865

    Science.gov (United States)

    2007-01-01

    genre of Civil War tactical history, see Mark Grimsley, "Review Essay: The Continuing Battle of Gettysburg," Civil War History 49, no. 2 (2003): 185...both nations over military affairs tended to be marked by a romantic conception of war: charges on horse and foot, cold steel flashing right-and

  17. Sustainability issues in civil engineering

    CERN Document Server

    Saride, Sireesh; Basha, B

    2017-01-01

    This compilation on sustainability issues in civil engineering comprises contributions from international experts who have been working in the area of sustainability in civil engineering. Many of the contributions have been presented as keynote lectures at the International Conference on Sustainable Civil Infrastructure (ICSCI) held in Hyderabad, India. The book has been divided into core themes of Sustainable Transportation Systems, Sustainable Geosystems, Sustainable Environmental and Water Resources and Sustainable Structural Systems. Use of sustainability principles in engineering has become an important component of the process of design and in this context, design and analysis approaches in civil engineering are being reexamined to incorporate the principles of sustainable designs and construction in practice. Developing economies are on the threshold of rapid infrastructure growth and there is a need to compile the developments in various branches of civil engineering and highlight the issues. It is th...

  18. The Ambivalences of Civil Society

    Directory of Open Access Journals (Sweden)

    Henrik Kaare Nielsen

    2008-07-01

    Full Text Available This article discusses the conceptual heterogeneity in the field of ‘civil society’ in the light of a distinction between positions that reflect civil society as a democratic-emancipatory category and positions that consider civil society from the perspective of the state: as an instrumental resource for the technocratic planning of the competitive nation state.The article discusses the implications and perspectives in these two different strategic scenarios for conceptualizing civil society. The argument is made that civil society in relation to democratic citizenship should basically rather be understood as a concept for specific, communicative principles for institutionalizing societal relations and organizing public experience than as an overall concept for third sector organizations.

  19. Coding and encoding rights in internet infrastructure

    Directory of Open Access Journals (Sweden)

    Stefania Milan

    2017-01-01

    Full Text Available This article explores bottom-up grassroots ordering in internet governance, investigating the efforts by a group of civil society actors to inscribe human rights in internet infrastructure, lobbying the Internet Corporation for Assigned Names and Numbers. Adopting a Science and Technology Studies (STS perspective, we approach this struggle as a site of contestation, and expose the sociotechnical imaginaries animating policy advocacy. Combining quantitative mailing-list analysis, participant observation and qualitative discourse analysis, the article observes civil society in action as it contributes to shape policy in the realm of institutional and infrastructure design.

  20. Violation of personality rights in the matrimonial relations sphere

    OpenAIRE

    Alves, Gisele; CESUMAR; Galdino, Valéria Silva; CESUMAR

    2007-01-01

    The objective of this work was to approach the violation of personality rights, especially in matrimonial relations, from the idea that the personality is intimately linked to the person since it expresses the generic aptitude to acquire rights and contract obligations. Later, we move on to the discussion about the family entity in Brazil and the treatment given by the Federal Constitution and the new Civil Code. Finally, aiming at the applicability of personality rights in matrimonial relati...

  1. Social Rights of EU Migrant Citizens: A Comparative Perspective

    OpenAIRE

    Martin Seeleib-Kaiser; Cecilia Bruzelius; Elaine Chase

    2015-01-01

    Access to social rights is core for the ability of all citizens irrespective of class to more fully enjoy political and civil rights. The development of EU citizenship over the past twenty years has made great progress in granting social rights not only to workers, but also to EU citizens, who fulfil certain minimum residency requirements. These developments are, however, not fully underpinned by the necessary political legitimacy in all Member States. Although across Member States one can de...

  2. Democratization in the Gulf Monarchies and American Civil Society

    OpenAIRE

    Azam, M. Nazrul Islam and Muhammad

    2010-01-01

    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...

  3. How persistent is civilization growth?

    CERN Document Server

    Garrett, Timothy J

    2011-01-01

    In a recent study (Garrett, 2011), I described theoretical arguments and empirical evidence showing how civilization evolution might be considered from a purely physical basis. One implication is that civilization exhibits the property of persistence in its growth. Here, this argument is elaborated further, and specific near-term forecasts are provided for key economic variables and anthropogenic CO2 emission rates at global scales. Absent some external shock, civilization wealth, energy consumption and carbon dioxide emissions will continue to grow exponentially at an average rate of about 2.3% per year.

  4. The Right to Water in the Case-Law of the Inter-American Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Jimena Murillo Chávarro

    2014-04-01

    Full Text Available The human right to water is nowadays more broadly recognised, mainly due to the essential societal function that this resource plays; likewise, because of the present water scarcity is generating conflicts between its different uses. Thus, this right aims at protecting human beings by guaranteeing access to clean water that is essential to satisfy vital human needs. Similarly, access to clean water is an important element to guarantee other rights including the right to life and health. The recognition of the right to water is mainly achieved in two ways: as a new and independent right and as a subordinate or derivative right. Concerning the latter, the right to water can emanate from civil and political rights, such as the right to life; or can be derived from economic, social and cultural rights, including the right to health, the right to an adequate standard of living, and the right to housing. This contribution explores the position of the Inter-American Court of Human Rights regarding the right to water, and analyses whether the Court has recognised the right to water and, if so, in which manner.

  5. THE RIGHT TO LIFE ENDANGERED

    Directory of Open Access Journals (Sweden)

    Sudha Ramalingam

    2010-08-01

    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.

  6. On Limitation of Action against Acts of Continuous Infringement of Trademark Right

    Institute of Scientific and Technical Information of China (English)

    Wang; Ze

    2005-01-01

      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.……

  7. On Limitation of Action against Acts of Continuous Infringement of Trademark Right

    Institute of Scientific and Technical Information of China (English)

    Wang Ze

    2005-01-01

    @@ 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.

  8. Civil Defense, U. S. A.: A Programmed Orientation to Civil Defense. Unit 5. Governmental Responsibilities for Civil Defense.

    Science.gov (United States)

    Defense Civil Preparedness Agency (DOD), Battle Creek, MI.

    A description of the laws and orders that provide necessary legal authorization for civil defense activities is provided. In addition, an outline of the responsibilities of all governments and the role of the private sector in civil defense is presented. Topics discussed include: (1) Legal authority for civil defense, (2) Civil defense…

  9. Credit and civilization.

    Science.gov (United States)

    Newton, Tim

    2003-09-01

    This paper analyses financial credit in order to re-examine the work of Norbert Elias, particularly his association of interdependency complexity with social discipline, and his approach to contradiction. Following a discussion of these issues, the paper examines Elias's writing on money and explores the emergence of financial credit networks in early modern England. Attention is paid to credit networks and social discipline, to credit and the state, and to the contradictory images associated with the transition to modern cash economies. From one perspective, early modern credit networks might be read as a confirmation of Elias, particularly his argument that interdependency complexity, changing power balances and self-restraint are interwoven. Yet the development of modern cash money raises questions, not just in relation to Elias's treatment of money, but also with regard to his assumptions about social discipline and his approach to ambivalence and contradiction. Drawing on the foregoing discussion, the paper argues that the relation between interdependency complexity and social discipline is contingent and variable, and that interdependency complexity may simultaneously encourage contradictory processes, such as those of civilizing and barbarity.

  10. Right Place,Right Time

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    Few hotels have captured as much attention before their opening as Mandarin Oriental, Beijing. Mandarin Oriental, Beijing has attracted extensive publicity for its spectacular appearance, and it also stands right beside China Central Television’s (CCTV) breathtaking structure, with two tall .leaning towers joined by a horizontal section suspended in mid-air. The building has been described by Time magazine as an architectural wonder. The stunning pair of buildings advertise engineering excellence, avant-garde style and adventurous spirit.

  11. Women's rights are human rights.

    Science.gov (United States)

    Shalala, D E

    1998-09-01

    The US Secretary of Health and Human Services, Donna Shalala, challenged the world to live up to the affirmation made in Cairo: that women's rights are human rights. The US has responded to this affirmation with vigor by recognizing that when given knowledge, education, opportunity, and power, women can be heroines; they can move mountains to help themselves and the others whom they are destined to nurture. The US Department of Health and Human Services (DHHS) has implemented numerous programs that will support these heroic acts. These programs include the Girl Power campaign (designed to help girls through the critical period of pre-adolescence), the National Strategy to Prevent Teen Pregnancy (promotes education to encourage abstinence), the National Plan on Breast Cancer, the Breast and Cervical Cancer Screening Program (protects the health of low-income women), the Women's Health Initiative at the National Institutes of Health (designed to increase our knowledge about hormone replacement therapy, dietary patterns, and exercise), and a national 24-hour toll-free Violence Against Women hotline (1-800-799-SAFE). Although DHHS has done much in 5 years, the US has a long way to go in dealing with the interconnecting issues of the human rights of women everywhere.

  12. Teaching Mathematics to Civil Engineers

    Science.gov (United States)

    Sharp, J. J.; Moore, E.

    1977-01-01

    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)

  13. Human rights in patient care: a theoretical and practical framework.

    Science.gov (United States)

    Cohen, Jonathan; Ezer, Tamar

    2013-12-12

    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

  14. Human rights and development - an international political economy perspective

    Directory of Open Access Journals (Sweden)

    Cristiane Lucena

    2013-12-01

    Full Text Available This research note provides a critical review of the recent literature on the consequences of development and democratization for the protection of human rights. It identifies common lessons and grounds for further research in the field. This literature takes a series of paradoxes that challenge conventional wisdom regarding the relationship between development and democratization as its starting point, on one hand, and the protection of human rights, on the other. To that effect, several unintended adverse consequences of economic development and movements toward democracy for the protection of civil and political rights are identified. The literature focuses on rights to physical integrity, leaving important questions unanswered when it comes to civil liberties and second-generation rights. The article systematizes new knowledge produced by this literature, translates it into recommendations for research and identifies opportunities for new investigations.

  15. Civil unions in Vermont: political attitudes, religious fundamentalism, and sexual prejudice.

    Science.gov (United States)

    Saucier, Donald A; Cawman, Audrey J

    2004-01-01

    In 2000, Vermont passed civil union legislation that granted same-sex couples the same legal rights as traditionally married opposite sex couples. This study examined the influence that sexual prejudice, religious fundamentalism, social dominance orientation, and support for civil unions had on voters' choice for governor in the subsequent election. Results showed that support for civil unions was a primary motivator for many voters in the election, and that sexual prejudice, religious fundamentalism, and social dominance orientation were unique predictors of voters' choices. These results show that prejudice can be a key factor in determining whom voters elect to represent them in government.

  16. Communication Needs of Thai Civil Engineering Students

    Science.gov (United States)

    Kaewpet, Chamnong

    2009-01-01

    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…

  17. Special Issue: Labour Rights, Human Rights.

    Science.gov (United States)

    International Labour Review, 1998

    1998-01-01

    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…

  18. Space civil engineering - A new discipline

    Science.gov (United States)

    Sadeh, Willy Z.; Criswell, Marvin E.

    1991-01-01

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

  19. Bioethics, Human Rights, and Childbirth.

    Science.gov (United States)

    Erdman, Joanna

    2015-06-11

    The global reproductive justice community has turned its attention to the abuse and disrespect that many women suffer during facility-based childbirth. In 2014, the World Health Organization released a statement on the issue, endorsed by more than 80 civil society and health professional organizations worldwide.The statement acknowledges a growing body of research that shows widespread patterns of women's mistreatment during labor and delivery-physical and verbal abuse, neglect and abandonment, humiliation and punishment, coerced and forced care-in a range of health facilities from basic rural health centers to tertiary care hospitals. Moreover, the statement characterizes this mistreatment as a human rights violation. It affirms: "Every woman has the right to the highest attainable standard of health, which includes the right to dignified, respectful health care throughout pregnancy and childbirth."The WHO statement and the strong endorsement of it mark a critical turn in global maternal rights advocacy. It is a turn from the public health world of systems and resources in preventing mortality to the intimate clinical setting of patient and provider in ensuring respectful care.

  20. Does the HIPAA Privacy Rule Allow Parents the Right to See Their Children's Medical Records?

    Science.gov (United States)

    ... and Administrative Proceedings (8) Limited Data Set (5) Marketing (18) Marketing - Refill Reminders (16) Minimum Necessary (14) Notice of ... endanger the child. Date Created: 12/19/2002 Content created by Office for Civil Rights (OCR) Content ...

  1. Selected issues of the property right limitation in the criminal proceedings

    OpenAIRE

    Mityukova, Marina

    2014-01-01

    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.

  2. 76 FR 64991 - Environmental Assessment for the I-395 Air Rights Project

    Science.gov (United States)

    2011-10-19

    ... 20006-1103. District Department of Transportation, Planning, Policy, and Sustainability Administration..., national origin, or gender, as provided by Title VI of the Civil Rights Act of 1964 or on the basis...

  3. Discrimination, policies, and sexual rights in Brazil.

    Science.gov (United States)

    Carrara, Sergio

    2012-01-01

    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.

  4. Right heart ventriculography

    Science.gov (United States)

    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 ...

  5. ARTICLE 21 OF CONSTITUTION OF INDIA AND RIGHT TO LIVELIHOOD

    OpenAIRE

    Neepa Jani

    2013-01-01

    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...

  6. Artificial Intelligence in Civil Engineering

    Directory of Open Access Journals (Sweden)

    Pengzhen Lu

    2012-01-01

    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.

  7. B 150 civil engineering futures

    DEFF Research Database (Denmark)

    theme in twentieth century architecture. Together, civil engineer Peter Rice and architect Ian Ritchie created a paradigm shift with their revolutionary ideas for glass facades supported by cables. Glued and bolted constructions made entirely of glass are now a reality in small-scale projects, yet...... 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...... to develop a technically advanced form of aesthetics. The Master Class in low energy buildings was led by civil engineer, Svend Svendsen, a Professor at DTU Byg. Together with colleagues and students, he has achieved an extensive knowledge of Integrated Design. In fact, the situation is that our knowledge...

  8. Positive rights, negative rights and health care.

    Science.gov (United States)

    Bradley, Andrew

    2010-12-01

    In the current debate about healthcare reform in the USA, advocates for government-ensured universal coverage assume that health care is a right. Although this position is politically popular, it is sometimes challenged by a restricted view of rights popular with libertarians and individualists. The restricted view of rights only accepts 'negative' rights as legitimate rights. Negative rights, the argument goes, place no obligations on you to provide goods to other people and thus respect your right to keep the fruits of your labour. A classic enumeration of negative rights includes life, liberty, and the pursuit of happiness. Positive rights, by contrast, obligate you either to provide goods to others, or pay taxes that are used for redistributive purposes. Health care falls into the category of positive rights since its provision by the government requires taxation and therefore redistribution. Therefore, the libertarian or individualist might argue that health care cannot be a true right. This paper rejects the distinction between positive and negative rights. In fact, the protection of both positive and negative rights can place obligations on others. Furthermore, because of its role in helping protect equality of opportunity, health care can be tied to the rights to life, liberty, and the pursuit of happiness. There is, therefore, good reason to believe that health care is a human right and that universal access should be guaranteed. The practical application, by governments and non-governmental organisations, of several of the arguments presented in this paper is also discussed.

  9. Space Civil Engineering option - A progress report

    Science.gov (United States)

    Criswell, Marvin E.; Sadeh, Willy Z.

    1992-01-01

    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.

  10. Tendencias del Derecho civil (2002)

    OpenAIRE

    Arellano Gómez, Francisco Javier

    2002-01-01

    Durante el año 2.002 han dado a luz, en el campo del Derecho Civil, un conjunto de leyes que suponen una importante actualización normativa ante determinadas necesidades presentadas por la dinámica realidad socio-económica de España, en un contexto de acelerada tecnificación, creciente vitalidad y fluidez de tejido social, y de progresiva armonización legislativa con los países de nuestro entorno. Para este informe de Derecho Civil hemos preferido seguir, por razón de mejor carácter sistemáti...

  11. Perinatal rights.

    Science.gov (United States)

    Munir, A E

    1984-01-01

    The history of perinatal rights is traced to determine how far the law has settled with reasonable certainty and principles can be drawn from decided cases, where the law remains uncertain. It is unlikely that there will be legislation in the near future to bring the law up to date in these matters. The right to prevent conception is accepted these day by practically all shades of opinion. Opinions on methods may differ, but the dividing line between what is contraception and what amounts to abortion is sometimes difficult to determine. The object of the offense of abortion is to protect human life. Briefly, Section 58 of the British Offences Against the Person Act 1861 makes it an offense for a pregnant woman to try unlawfully to procure her own miscarriage and for any person to try to procure unlawfully the miscarriage of a woman, whether she is pregnant or not. The precise time from which the developing ovum is protected has not been legislatively or judicially determined. In 1962 a report commissioned by the British Council of Churches suggested that for legal purposes conception should be taken to commence with implantation, i.e., about 2 weeks after fertilization. It is possible to argue that human life begins at fertilization but that is not a very convincing arugument these days. A better view seens to be that so long as the postcoital pill is taken before the fertilized egg is implanted in the womb it is contraception rather than abortion. The matter will not be totally free from question until Parliament of the courts determine the issue. The Attorney General's view that this form of postcoital treatment does not constitute a criminal offenses within either Section 58 or 59 of the Offences Against the Person Act 1860 goes a long way towards clarifying the position. Opinions begin to divide again when considering the next step after conception. Regarding abortion, the doctor should ensure that be keeps within the Abortion Act 1967 by acting with a

  12. Legislation and patients' rights: some necessary remarks.

    Science.gov (United States)

    Mujovic-Zornic, Hajrija

    2007-12-01

    The essence of a patient's rights and legislation framework requires an answer to the question on how legislation can work towards better defining, respecting, protecting and effectiveness of these rights. First, it is necessary to give a short introduction to patients' rights, their definition and different classifications. In the long list of human rights, patients' rights obviously take one of the very important places. Human life and health are the values, which, in comparison with all other human values, are considered as values of the highest rank. Patients' rights represent a legal expression of something, which every person basically and naturally expects from a doctor, medical staff, and from a health care system in general. The subject of the second part of this paper presents the intention, scope and conception of necessary legislation. How should it be considered - in a wider sense or as a special law? Some theoretical and practical questions regarding interaction between medical ethics regulation, confidentiality, and legislation are discussed as well. In the European context there are numerous examples of laws with the specific purpose of protecting patients' rights. Special attention and critical review will be paid to the situation of patients' rights in Serbia. The paper concludes with the point that the role of legislation is evidently important, but the traditional view should be replaced with a new one, due to the reason that modem health law puts the protection of patients' rights on a higher level. De lege lata, the whole system of health law in its diversity (civil, penal and administrative) is characterized by better understanding of rights, duties and legal relations, either through regulation or the protection of patients' rights.

  13. Organized Civil Society, Participation and Citizenship in Europe

    DEFF Research Database (Denmark)

    Boje, Thomas P.

    2015-01-01

    welfare states and the chapter will discuss these differences and how the economic and social crisis has influenced the position of organised civil society and civic participation in general among European citizens. The chapter will conclude with a programmatic statement on the role of organised civil...... of citizens in the society. The economic and social crisis in Europe has accentuated the importance of different types of civic organisations in defending the social rights of the citizens and mediating between citizens and the political authorities. The main reason for this is the legitimacy crisis...... of the participatory democracy in the post-industrial countries. Additional factor to be considered are difficulties of realizing processes that are able to involve citizens in strategic decision-making at community as well as national level and difficulties in the identification and organization of welfare services...

  14. Job Prospects for Civil Engineers.

    Science.gov (United States)

    Basta, Nicholas

    1985-01-01

    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…

  15. Etica civile e beatitudini evangeliche

    Directory of Open Access Journals (Sweden)

    Nicola Colaianni

    2014-02-01

    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.

  16. 1975 Textbooks for French Civilization.

    Science.gov (United States)

    Brown, Jack Davis

    Four 1975 textbooks for French civilization courses are cited including price, suggested level, format and a listing of contents. A review of one text follows: Rey and Santoni, "Quand les Francais parlent: Langue en contexte, culture en contraste," Newbury House Publishers. The reviewer states that this book is basically a sociological study of…

  17. Primary Sources Enliven Civil War

    Science.gov (United States)

    Robelen, Erik W.

    2011-01-01

    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,…

  18. Reproductive rights violations reported by Mexican women with HIV.

    Science.gov (United States)

    Kendall, Tamil

    2009-01-01

    Demand for reproductive health services by people with HIV is increasing, as is the urgency of protecting and promoting their reproductive rights. The reproductive rights of Mexicans with HIV are formally protected by the constitution and by health and anti-discrimination legislation, as well as by international conventions. However, the reproductive rights of women with HIV continue to be violated in public clinics and hospitals. This paper discusses three violations identified as priority problems by Mexican women with HIV, illustrating these problems with cases identified during a participatory skills building workshop. The violations cover the following rights: the right to non-discrimination, the right to adequate information and informed consent to medical procedures, and the right to choose the number and spacing of children. Physicians can either violate or promote reproductive rights. Unfortunately, in many instances Mexican physicians continue to perpetrate reproductive rights abuses against women with HIV. Collaborations between women with HIV, civil society, government, and international organizations are needed to educate and sanction health care providers and to support women with HIV in their pursuit of reproductive rights. Demanding accountability from health care practitioners and the State to guarantee reproductive rights in countries where these rights are formally protected will improve the quality of life of people with HIV and can demonstrate that rights-based approaches are compatible with and indeed, crucial for public health.

  19. Milestone in the Protection of Human Rights on the Part of the Accused——From the Supreme People's Court recovery of death sentence approval authority

    Institute of Scientific and Technical Information of China (English)

    YUANYI

    2011-01-01

    @@ 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.

  20. The right to health of prisoners in international human rights law.

    Science.gov (United States)

    Lines, Rick

    2008-01-01

    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.

  1. Climate Change and Civil Violence

    Science.gov (United States)

    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.

    2009-05-01

    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

  2. Civil society: the catalyst for ensuring health in the age of sustainable development.

    Science.gov (United States)

    Smith, Julia; Buse, Kent; Gordon, Case

    2016-07-16

    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.

  3. 75 FR 33205 - Revision of the Procedures for the Administration of Section 5 of the Voting Rights Act

    Science.gov (United States)

    2010-06-11

    ... Parts 0 and 51 Revision of the Procedures for the Administration of Section 5 of the Voting Rights Act AGENCY: Civil Rights Division, Department of Justice. ACTION: Notice of proposed rulemaking. SUMMARY: The... Administration of Section 5 of the Voting Rights Act of 1965.'' The proposed amendments are designed to...

  4. Minority Language Rights.

    Science.gov (United States)

    O Riagain, Padraig; Shuibhne, Niamh Nic

    1997-01-01

    A survey of literature since 1990 on minority languages and language rights focuses on five issues: definition of minorities; individual vs. collective rights; legal bases for minority linguistic rights; applications and interpretations of minority language rights; and assessments of the impact of minority rights legislation. A nine-item annotated…

  5. 32 CFR 537.17 - Scope for civil works claims of maritime nature.

    Science.gov (United States)

    2010-07-01

    ... 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...

  6. Virtual Placements to Develop Employability Skills for Civil and Environmental Engineering Students

    Science.gov (United States)

    Paul, Parneet

    2015-01-01

    This project work addresses the crucial need to encourage undergraduate civil and environmental engineering students to gain employment skills and training right from the start of their studies so that their overall employability increases; their confidence level in networking with industry and within the workplace increases; and so that they are…

  7. Cooperation and a Harmonious World: Advances for the Human Rights

    Institute of Scientific and Technical Information of China (English)

    陈琛

    2007-01-01

    @@ It is an important challenge to outline some comments on the theme of international cooperation and, in the extent of the construction of a more harmonious world, the potential interactions of both government and civil society, at a national and international level, making ways for advances in the area of human rights.

  8. An Earned Insurgency: Quality Education as a Constitutional Right

    Science.gov (United States)

    Moses, Robert P.

    2009-01-01

    In the following pages, Robert Moses tells the history of the early civil rights movement in Mississippi, focusing on the individuals, alliances, and strategies that brought about fundamental change in the United States and ultimately made possible the election of Barack Obama to the presidency. Moses describes how the efforts of Justice…

  9. Human Rights and Peace Education in the Lebanese Civics Textbooks

    Science.gov (United States)

    Shuayb, Maha

    2015-01-01

    In 1997 the Lebanese government published its newly developed curriculum and textbooks following a long and fierce civil war, which started in 1975. The new curriculum emphasized nation building, reconciliation and citizenship. This study aims to examine how the civics textbooks in Lebanon addressed human rights and peace education, both of which…

  10. The Democratic Imperative to Address Sexual Equality Rights in Schools

    Science.gov (United States)

    Gereluk, Dianne

    2013-01-01

    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…

  11. 5 CFR 919.920 - Civil judgment.

    Science.gov (United States)

    2010-01-01

    ..., decision, settlement, stipulation, other disposition which creates a civil liability for the complained of wrongful acts, or a final determination of liability under the Program Fraud Civil Remedies Act of 1988 (31... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Civil judgment. 919.920 Section...

  12. 7 CFR 3017.920 - Civil judgment.

    Science.gov (United States)

    2010-01-01

    ... by verdict, decision, settlement, stipulation, other disposition which creates a civil liability for the complained of wrongful acts, or a final determination of liability under the Program Fraud Civil... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil judgment. 3017.920 Section 3017.920...

  13. 29 CFR 1471.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ..., stipulation, other disposition which creates a civil liability for the complained of wrongful acts, or a final determination of liability under the Program Fraud Civil Remedies Act of 1988 (31 U.S.C. 3801-3812). ... 29 Labor 4 2010-07-01 2010-07-01 false Civil judgment. 1471.920 Section 1471.920 Labor...

  14. 31 CFR 19.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ..., stipulation, other disposition which creates a civil liability for the complained of wrongful acts, or a final determination of liability under the Program Fraud Civil Remedies Act of 1988 (31 U.S.C. 3801-3812). ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Civil judgment. 19.920 Section...

  15. History of Civil Engineering Modal Analysis

    DEFF Research Database (Denmark)

    Brincker, Rune

    2008-01-01

    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...

  16. Special Issue: Labour Rights, Human Rights.

    Science.gov (United States)

    International Labour Review, 1998

    1998-01-01

    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…

  17. Eating right during pregnancy

    Science.gov (United States)

    Prenatal care - eating right ... is hard work for a woman's body. Eating right is one of the best things you can ... a well-rounded diet with all of the right nutrients and getting at least 30 minutes of ...

  18. El proceso civil de "civil law": Aspectos fundamentales

    Directory of Open Access Journals (Sweden)

    Michelle Taruffo

    2006-01-01

    Full Text Available En este artículo el autor analiza los sistemas procesales civiles de civil law y de common law desmarcándose de las tradicionales contraposiciones que la doctrina ha acostumbrado utilizar para la explicación de las diferencias fundamentales existentes entre uno y otro modelo. En efecto, a partir de la constatación de la insuficiencia y en ocasiones inutilidad de estas explicaciones para describir la situación actual de ambos modelos procesales, ensaya el autor un discurso que termina por dar luz a la evolución experimentada por estos sistemas y que, como bien apunta, se ha traducido en un acercamiento que se manifiesta de diversas formas como se ocupa de explicarIn this article the author analyses the procedural law systems of civil law and common law outlining the traditional objections that the doctrine is accustomed to using to explain the existing fundamental differences between one and the other model. In fact, it is from the constatation of the insufficiency and, in occasion the uselessness of these explanations in describing the actual situation of both procedural models, that the author attempts a discourse that in the end sheds light on the evolution experienced by these systems and, as he clearly indicates, has translated into an approximation that manifests in different forms

  19. Judicial Enforcement of Economic, Social and Cultural Right

    Directory of Open Access Journals (Sweden)

    Aulona Haxhiraj

    2013-07-01

    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.

  20. Coronial law and practice: a human rights perspective.

    Science.gov (United States)

    Freckelton, Ian; McGregor, Simon

    2014-03-01

    Coronial law and practice inevitably impact upon the human rights of those affected by deaths. It is important that such rights be incorporated in how death investigations, up to and including coronial inquests, take place. This article explores the significant impact of the jurisprudence emanating from the European Court of Human Rights, as well as the application of such law by the courts of the United Kingdom and potentially in other countries. It argues that viewing the work of coroners through the lens of human rights is a constructive approach and that, although in the coronial legislation of Australia and New Zealand, many human rights, especially those of family members, and civil liberties are explicitly protected, there remain real advantages in reflecting upon compliance with human rights by death investigation procedures and decision-making.

  1. Promoting Human Rights,Building a Harmonious World

    Institute of Scientific and Technical Information of China (English)

    周觉

    2007-01-01

    @@ 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.

  2. Human rights advances in women's reproductive health in Africa.

    Science.gov (United States)

    Ngwena, Charles G; Brookman-Amissah, Eunice; Skuster, Patty

    2015-05-01

    The African Commission on Human and Peoples' Rights recently adopted General Comment No 2 to interpret provisions of Article 14 of the Protocol to the African Charter on the Rights Women. The provisions relate to women's rights to fertility control, contraception, family planning, information and education, and abortion. The present article highlights the General Comment's potential to promote women's sexual and reproductive rights in multiple ways. The General Comment's human rights value goes beyond providing states with guidance for framing their domestic laws, practices, and policies to comply with treaty obligations. General Comment No 2 is invaluable in educating all stakeholders-including healthcare providers, lawyers, policymakers, and judicial officers at the domestic level-about pertinent jurisprudence. Civil society and human rights advocates can use the General Comment to render the state accountable for failure to implement its treaty obligations.

  3. Practical Guide to Civil Mediation

    CERN Multimedia

    2006-01-01

    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...

  4. Practical Guide to Civil Mediation

    CERN Multimedia

    2006-01-01

    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...

  5. Geometric procedures for civil engineers

    CERN Document Server

    Tonias, Elias C

    2016-01-01

    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.

  6. RISK DEFINITION IN CIVIL UNMANNED AVIATION

    Directory of Open Access Journals (Sweden)

    Volodymyr Kharchenko

    2016-12-01

    Full Text Available Objective: The risks in unmanned civil aviation are considered as one of the most important. In the article is proved applicability of ensuring the flight safety of aircraft and considered the basic risks of manned civil aviation. Methods: Analyzed statistical data on aviation accidents, organized probabilities distribution of aviation accidents for manned and unmanned civil aviation to identify factors that influence the occurrence of emergency situations in manned and unmanned aviation. Results: We proposed typology of risk components in civil aviation and systematized methods and techniques to reduce risks. Over the analogies defined possible risks, their causes and remedies in civil unmanned aircraft. Weight coefficients distribution was justified between risk types for development of recommendations on risk management in unmanned civil aviation. Discussion: We found that the most probable risk in manned civil aviation is the human factor, organization of air traffic control, design flaws of unmanned aviation system as a whole, as well as maintenance of unmanned aviation system.

  7. [Civil bioethics in pluralistics societies].

    Science.gov (United States)

    Cortina, A

    2000-01-01

    The author examines how Bioethics should be approached in a pluralist society. She argues that through the gradual discovery of shared ethical values and principles for judging which practices are humanizing and which or not, ever-more dense civil Bioethics helps bring out--in contrast to relativism and subjectivism--an ethical intersubjectiveness, the fundaments of which should be addressed by moral philosophy if it hopes to fulfill one of its main tasks.

  8. Comparing Audio-Supported Text and Explicit Instruction on Students' Knowledge of Accommodations, Rights, and Responsibilities

    Science.gov (United States)

    Wood, Charles L.; Kelley, Kelly R.; Test, David W.; Fowler, Catherine H.

    2010-01-01

    With increasing numbers of students with disabilities entering postsecondary education, it is important to teach students with disabilities their rights and responsibilities governed by civil rights acts (i.e., Section 504 of the Rehabilitation Act of 1973, Americans With Disabilities Act) for requesting accommodations in postsecondary education.…

  9. Some Affects of Women's Rights Demonstrations Upon Attitudes of Nonfeminist Mormons.

    Science.gov (United States)

    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.…

  10. 45 CFR 681.44 - Is there a right to administrative offset?

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 3 2010-10-01 2010-10-01 false Is there a right to administrative offset? 681.44... FOUNDATION PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS Decisions and Appeals § 681.44 Is there a right to administrative offset? The amount of any penalty or assessment which has become final, or for which a...

  11. Removing Barriers: The Struggle to Ensure Educational Rights for Students Experiencing Homelessness

    Science.gov (United States)

    Nix-Hodes, Patricia; Heybach, Laurene M.

    2014-01-01

    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…

  12. 13 CFR 142.41 - How does SBA protect the rights of defendants?

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false How does SBA protect the rights of defendants? 142.41 Section 142.41 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS Decisions and Appeals § 142.41 How does SBA protect the rights...

  13. 13 CFR 142.16 - At the hearing, what rights do the parties have?

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false At the hearing, what rights do the parties have? 142.16 Section 142.16 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS Hearing Provisions § 142.16 At the hearing, what rights do...

  14. The Celestial Basis of Civilization

    Science.gov (United States)

    Masse, W. B.

    Scholars have long puzzled over the reasons for the ubiquity of celestial images in the residue of the world's earliest civilizations: in art, myth, religious cosmology, iconography, cosmogony, eschatological beliefs, and as portents for the conduct of royal and chiefly power. The general consensus is that these images represented a need by early societies to use the fixed celestial heavens in order to regulate ritual and agricultural cycles, and to satisfy a psychological need by people to relate themselves to their surrounding Universe. Such explanations are facile and miss an important aspect of the celestial heavens. The fixed celestial heavens served as the back-drop for a large number of often spectacular temporary naked-eye visible celestial events which animated the night and sometimes the daytime sky, and which created an 'otherworld' for virtually all cultural groups. In this paper I present a model derived from the detailed analysis of Hawaiian oral traditions and culture history in relation to historic astronomical records of temporary celestial events, and then apply this model to cultural traditions from Mesoamerica and other geographic regions in order to demonstrate that novae, supernovae, variable stars, comets, great meteor showers, aurorae, solar and lunar eclipses, and impacting Solar System debris, together played a critical role in the artistic, intellectual, and political development of early civilizations. These data not only provide important insights into the development of civilization, but also provide important details and longitudinal records of astronomical events and phenomena which are otherwise not readily available for scientific scrutiny.

  15. Pillars for progress on the right to health: harnessing the potential of human rights through a Framework Convention on Global Health.

    Science.gov (United States)

    Friedman, Eric A; Gostin, Lawrence O

    2012-07-15

    Ever more constitutions incorporate the right to health, courts continue to expand their right to health jurisprudence, and communities and civil society increasingly turn to the right to health in their advocacy. Yet the right remains far from being realized. Even with steady progress on numerous fronts of global health, vast inequities at the global and national levels persist, and are responsible for millions of deaths annually. We propose a four-part approach to accelerating progress towards fulfilling the right to health: 1) national legal and policy reform, incorporating right to health obligations and principles including equity, participation, and accountability in designing, implementing, and monitoring the health sector, as well as an all-of-government approach in advancing the public's health; 2) litigation, using creative legal strategies, enhanced training, and promotion of progressive judgments to increase courts' effectiveness in advancing the right to health; 3) civil society and community engagement, empowering communities to understand and claim this right and building the capacity of right to health organizations; and 4) innovative global governance for health, strengthening World Health Organization leadership on health and human rights, further clarifying the international right to health, ensuring sustained and scalable development assistance, and conforming other international legal regimes (e.g., trade, intellectual property, and finance) to health and human rights norms. We offer specific steps to advance each of these areas, including how a new global health treaty, a Framework Convention on Global Health, could help construct these four pillars.

  16. A Brief Overview of the Civil Union Act

    Directory of Open Access Journals (Sweden)

    N Ntlama

    2010-05-01

    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.

  17. Some Considerations on the Adoption Registration in the Civil Registry

    Directory of Open Access Journals (Sweden)

    Gabriela LUPŞAN

    2014-12-01

    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.

  18. Features of the Civil Law Procedure for Protection against Discrimination

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Agim Nuhiu

    2014-02-01

    Full Text Available The prevention and protection against discrimination shall be applicable for all natural and legal persons in the process of exercise of the rights and freedoms guaranteed with the Constitution and the legislation of the Republic of Macedonia. The person considering that some right has been infringed because of discrimination is entitled to submit a lawsuit in front of a competent court. The provisions from the Law on litigation procedure are adequately applied for the procedure. A civil action is commenced with the filing of a complaint. The plaintiff must file the complaint with the court. The complaint must set forth the claims and the legal basis for discrimination. In the procedure for protection against discrimination, besides the court for general local jurisdiction, the court in whose area is the seat, or the residence of the plaintiff, also has local jurisdiction.

  19. The Forgotten Property Rights

    DEFF Research Database (Denmark)

    Markussen, Thomas; Tarp, Finn; Van Den Broeck, Katleen

    2011-01-01

    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...

  20. The Forgotten Property Rights

    DEFF Research Database (Denmark)

    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...

  1. Human Rights, History of

    NARCIS (Netherlands)

    de Baets, Antoon; Wright, James

    2015-01-01

    In this article, six basic debates about human rights are clarified from a historical perspective: the origin of human rights as moral rights connected to the natural law doctrine and opposed to positive rights; the wave of criticism of their abstract and absolute character by nineteenth-century lib

  2. Participation and the right to health: lessons from Indonesia.

    Science.gov (United States)

    Halabi, Sam Foster

    2009-01-01

    The right to participation is the "the right of rights"--the basic right of people to have a say in how decisions that affect their lives are made. All legally binding international human rights treaties explicitly recognize the essential role of participation in realizing fundamental human rights. While the substance of the human right to health has been extensively developed, the right to participation as one of its components has remained largely unexplored. Should rights-based health advocacy focus on participation because there is a relationship between an individual's or a community's active involvement in health care decision-making and the highest attainable standard of health? In the context of the human right to health, does participation mean primarily political participation, or should we take the right to participation to mean more specifically the right of persons, individually and as a group, to shape health care policy for society and for themselves as patients? Decentralization of health care decision-making promises greater participation through citizen involvement in setting priorities, monitoring service provision, and finding new and creative ways to finance public health programs. Between 1999 and 2008, Indonesia decentralized health care funding and delivery to regional governments, resulting in substantial exclusion of its poor and uneducated citizens from the health care system while simultaneously expanding the opportunities for political participation for educated elites. This article explores the tension between the right to participation as an underlying determinant of health and as a political right by reviewing the experience of Indonesia ten years after its decision to decentralize health care provision. It is ultimately argued that rights-based advocates must be vigilant in retaining a unified perspective on human rights, resisting the persistent tendency to separate and prioritize the civil and political aspects of participation

  3. THE RIGHT TO ENVIRONMENT

    OpenAIRE

    Viorica Paraschivescu; Carmen Elena Radu

    2011-01-01

    This study refers to the fundamental right of the human being to have a healthy, ecologically balanced environment as well as to the necessity of recognizing and guaranteeing this right. We analyze the major components of the human being environment protection, the right to water, the right to fresh air, the right to the environment of the human settlements, the relationship: health – environment. A special attention is given to the integration of the sustainable development in the EU policie...

  4. ECONOMIC RIGHTS OF THE NEIGHBORING RIGHTS OWNERS PERFORMERS’ RIGHTS MANAGEMENT

    Directory of Open Access Journals (Sweden)

    MARIANA SAVU

    2012-05-01

    Full Text Available The scientific research theme aims to deepen a topical issue, i.e. to examine the legal requirements of performers’ rights from Romania, by collective management, to do a critical analysis of the regulation in our country and to contribute thereby to the correction of the law, to its harmonization with the EU countries. Intellectual creation has some amazing features: it is invisible, it can be passed across borders, it can be multiplied to infinity and its value increases steadily over time. Any country that cares about its traditions and seeks to make progress in the field of culture, of science and education, must recognize, encourage and protect intellectual creation. The copyright neighboring rights or "les droits voisins" as they were called in doctrine and jurisprudence, have been regulated for the first time in the Romanian law by the Law no.8 /1996 on copyright and neighboring rights. The neighboring rights are intellectual property rights, other than the copyright, granted to performers for their own performances or executions, to sound recordings producers and audiovisual recordings producers for their own recordings, and to broadcasting organizations (radio and television for their own transmissions and program services. Performers’ rights can be managed mandatory or optionally by the collective management societies. The collective management of copyright and neighboring rights is a necessary step for implementation of certain rights in comparison with various ways of exploitation. Since the beginning, some of performers’ economic rights proved difficult to assess individually. The technical progress and widespread mass exploitation have made individual control virtually impossible. Collective management primarily involves the collection of remuneration payable by users/importers and its distribution to those entitled to it, proportional to the actual use of each repertory, within 6 months from collection date.

  5. Advancement of human rights standards for LGBT people through the perspective of international human rights law

    Directory of Open Access Journals (Sweden)

    Lucie Cviklová

    2012-01-01

    Full Text Available The article addresses the issue how various religious and legal systems cope with current developments that undermine binary opposition of man and woman including definition of their sexual and cultural identities. More concretely, it tries to explain, how concrete societies and legislations deal with claims of lesbians, gays, bisexuals, and transsexuals (LGBT that claim broader recognition. It elucidates differences among Western provisions and policies of the relevant legal bodies such as the General Assembly of the United Nations, the European Court of Human Rights and the Supreme Court concerning these issues. It also points to the nature and real impact of international civil society forces such as Yogyakarta principles that formulate extension of rights concerning lesbians, gays, bisexuals, and transsexuals. On the basis of comparison of various legal and religious discourses it explains current practices of direct and indirect discrimination and in some non-European national systems even extra-judicial killings, torture and ill-treatment, sexual assault, rape and other violations of human rights. When emphasizing substantial differences among current European states and non-European ones concerning policies toward lesbian, gay, bisexual and transgender people (LGBT, it shows current tendencies of advancement in the field by common policies of Council of Europe, recent judgments issued by the European Court of Human Rights as well as civil society efforts such as Yogyakarta principles. Swedish standards have been introduced in order to emphasize existing progressive attitudes to LGBT people concerning gay marriages and adoption procedures.

  6. Superficiary Right of Building: Origin and Development in Central Europe

    Directory of Open Access Journals (Sweden)

    Petr Pavel

    2016-06-01

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

  7. Responsabilidade civil e ética do ortodontista The orthodontist's civil and ethical responsibility

    Directory of Open Access Journals (Sweden)

    Bruno Minervino

    2004-12-01

    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.

  8. Philanthropy and Human Rights in Business Ethics

    DEFF Research Database (Denmark)

    Larsen, Øjvind

    2017-01-01

    Philanthropy has become a concern which is taken seriously in the Western world. Normal people give donations and volunteer on a large scale within the institutions of civil society. This is the case for business corporations as well in the big global CSR movement, which has now been integrated...... are summarized in the UN universal human rights, which has become the common normative reference for global philanthropy. In this way philanthropy has become, in a modern sense, a charitable act with the aim to promote human happiness independent of gender, class, race, etc. This is the genealogy of the modern...

  9. ATLAS Civil Engineering Point 1

    CERN Multimedia

    Jean-Claude Vialis

    1998-01-01

    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

  10. COMPULSORY INSURANCE OF CIVIL LIABILITY IN RUSSIA

    Directory of Open Access Journals (Sweden)

    M. Malik

    2014-03-01

    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.

  11. COMPULSORY INSURANCE OF CIVIL LIABILITY IN RUSSIA

    OpenAIRE

    Malik, M.; I. Semenchuk

    2014-01-01

    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.

  12. Gandhi, Civilization, Non-Violence and Obama

    OpenAIRE

    Tamer Söyler

    2010-01-01

    How should we understand Gandhi’s commitment to nonviolence?After discussing and refuting the idea that Gandhi’s conceptionof non-violence can be treated merely as a method to stand up toaggression, its embedment in a concept of true civilization is examined. It is argued that the important nuances between the definitions of civilization in the Gujarati and the English versions of Gandhi’s seminal work Hind Swaraj (1909) reveal Gandhi’s conception of civilization.

  13. Radio communications with extra-terrestrial civilizations

    Science.gov (United States)

    Kotelnikov, V. A.

    1974-01-01

    Communications between civilizations within our galaxy at the present level of radio engineering is possible, although civilizations must begin to search for each other to achieve this. If an extra-terrestrial civilization possessing a technology at our level wishes to make itself known and will transmit special radio signals to do this, then it can be picked up by us at a distance of several hundreds of light years using already existing radio telescopes and specially built radio receivers. If it wishes, this civilization can also send us information without awaiting our answer.

  14. CIVIL HEALTH IN THE CONTEXT OF PSYCHO-SPIRITUAL HEALTH OF THE GROWING PERSONALITY

    Directory of Open Access Journals (Sweden)

    M. B. ZEMSH

    2015-01-01

    Full Text Available The article highlights the axiological aspect of the phenomenon of civil health. As an important characteristic of health program, civil health reflects a complex of thoughts and moods of people, combination of mental and moral qualities of people. Noting the emotional component as a basic feature characterizing the socio-psychological aspects of health, we suggest to distinguish between   althy and unhealthy civil feeling. In this context, healthy civil feeling is characterized by vital activity, patriotism, altruism and tolerance. The following life strategies of a personality are marked, which are formed on the basis of a healthy civil wellbeing: striving for philanthropy, charity, mercy, patronage of art, human rights advocacy, the role of a public activist, military man etc. Unhealthy civil feeling characterizes a wide range of manifestations from civil passivity to personal egocentrism. Today, regretfully we have to state that from primary school age there is a weakening of psychological mechanisms designed to enhance civilian health and growing social activity of the personality. Kids more often demonstrate the signs of addictive behavior, increased isolation and aggressiveness, high level of anxiety. In the article we make an attempt of theoretical understanding of the problem of optimization of relationships with children enhancing their psycho-spiritual health. Under conditions when the school is entrusted with the complex mission of preparing children for life in the system of developing civil institutions, a special importance is attached to interaction between family and education system in the process of changing models of pedagogical interaction.

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

    Science.gov (United States)

    Uberoi, Diya; de Bruyn, Maria

    2013-06-14

    States have a duty under international human rights law to protect people's health. Nonetheless, while some health-related policies and laws protect basic human rights, others violate fundamental rights when they criminalize, prohibit, and restrict access to necessary health services. For example, laws and regulations related to protection of life from conception, contraception, actions of pregnant women, and abortion can harm women and place women and health care providers in jeopardy of legal penalization. Given the adverse consequences of punitive and restrictive laws related to pregnancy, advocates, civil society groups, human rights groups, and government institutions must work together to promote, protect, and fulfill women's fundamental reproductive rights.

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

    Science.gov (United States)

    Chapman, Audrey R

    2009-02-01

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

  17. Challenging orthodoxies: the road ahead for health and human rights.

    Science.gov (United States)

    Farmer, Paul

    2008-01-01

    Two decades of work delivering health care in poor communities provide a standpoint from which to challenge conventional doctrines in human rights and public health. These orthodoxies include the priority often assigned to civil and political rights over economic and social rights and a narrow concept of cost-effectiveness in public health policy. An analysis based on economic and social rights underscores, for example, that effectively treating infectious diseases in poor communities requires ensuring that people receive adequate food The challenge of maternal mortality in low-income settings similarly shows the need for an approach to rights that is simultaneously comprehensive and pragmatic. In many settings, paying community health workers for their efforts on behalf of their neighbors can also be seen as a critical strategy to realize right. Across contexts, the yield on the expanded and pragmatic view of health and human rights adumbrated here may be considerable. In forthcoming issues, Health and Human Rights will continue to investigate the conceptual, but above all the practical aspects of such issues, seeking to shift the health and rights agenda in a way that may make sense to the world's poor and marginalized, the chief victims of contemporary human rights violations.

  18. Civil Defense, U. S. A.: A Programmed Orientation to Civil Defense. Unit 1. Civil Defense - Protection Against What?

    Science.gov (United States)

    Defense Civil Preparedness Agency (DOD), Battle Creek, MI.

    An explanation of the need for civil defense in nuclear and natural disasters is presented. A brief historical background of civil defense is given. Major topics include: (1) Types of disasters, (2) Probable objectives of a nuclear attack on the United States, (3) The major defensive measures against a nuclear attack, (4) Some reasons for low…

  19. Consumer rights and responsibilities

    Science.gov (United States)

    ... which included the Consumer Bill of Rights and Responsibilities. The Commission was appointed by President Bill Clinton, ... role in making sure they have rights and responsibilities with regard to health improvement. The Consumer Bill ...

  20. The Forgotten Property Rights

    DEFF Research Database (Denmark)

    Markussen, Thomas; Tarp, Finn; Van Den Broeck, Katleen

    2011-01-01

    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 re...... in agricultural production to promote output and food security. Nevertheless, potential benefits of a more diversified crop pattern must be carefully considered in a period where global food markets are in turmoil.......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...

  1. Issue Definition in Rights-Based Policy Focused on the Experiences of Individuals with Disabilities: An Examination of Canadian Parliamentary Discourse

    Science.gov (United States)

    Baker, Dana Lee

    2008-01-01

    In issue definition in rights-based policy Canada stereotypically embraces a more positive, human rights-centered approach as compared with the American stereotype associated with the USA's more presumptively negative, civil rights-based tack. Since exclusionary infrastructures violate the core values of democratic governance, a failure to address…

  2. International and Regional Institutional Dialogues for Human Rights for LGBT persons: The quest for recognition, anti-discrimination, and marriage in Southeast Asia

    NARCIS (Netherlands)

    Holzhacker, Ronald

    2016-01-01

    There is a rich interplay between civil society organizations and institutions involved in human rights norm diffusion and the ‘ricochet’ of ideas at the regional level across Southeast Asia. There is a broad discussion occurring about human rights for LGBT persons and SOGI rights (Sexual Orientatio

  3. [Right ovarian vein syndrome].

    Science.gov (United States)

    Arvis, G

    1985-01-01

    Right ovarian vein syndrome is revealed in pregnancy by right lumbar pains, and even by nephritic colics. It results from a congenital malposition of the right ovarian vein, which presses the right ureter on the external iliac artery. Diagnosis is by intravenous urography and retrograde ureteral pyelography. If pain persists despite treatment by analgesics, it may be necessary to place a double-J catheter, and to operate after delivery to ligate the ovarian vein.

  4. Special Section: Human Rights

    Science.gov (United States)

    Frydenlund, Knut; And Others

    1978-01-01

    Eleven articles examine human rights in Europe. Topics include unemployment, human rights legislation, role of the Council of Europe in promoting human rights, labor unions, migrant workers, human dignity in industralized societies, and international violence. Journal available from Council of Europe, Directorate of Press and Information, 67006…

  5. Reforming Rights Protection

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    For China, the recently established UN Human Rights Council is a victory of multilateralism This spring witnessed a significant reform in the United Nations human rights protection mechanism. On March 15, the UN General Assembly approved a draft resolution, with a 170 to 4 vote and 3 abstentions, to create a Human Rights Council (HRC). Then, March 23, the UN Economic and

  6. The Civil Law Approach of Internet Security:The Personal Information Right in Context of Online Privacy as A Starting Point%网络安全中的民法进路--以网络隐私语境中的个人信息权为起点

    Institute of Scientific and Technical Information of China (English)

    吴才毓

    2015-01-01

    Compared with the right to privacy, personal information right in the Internet context is a new kind of right of personality, which can be established through the provision of personal information protection in Internet Security Law. Protection system of personal information right in our country can be functioned by regulatory agencies and industry self ̄regulation. In the autonomy part, privacy right protection organization and the third party certification body can be independ ̄ent . To realize the establishment of Internet security system, judicial way and man ̄agement way should be combined, and the provision of Judicial Interpretation of In ̄ternet Infringement will make judicial guidance identity card system on line come true. The existing rule of “Notice, Delete” can be transformed into the rule of“Notice, Delete, Counter Notice, Notification”, so that the Internet service pro ̄vider shall not permanently delete the information requirements by users, but to wait for the notice period in order to balancing the business operation autonomy of the Internet providers and users’ right to publish the information and the copyright, so as to predict the consequences of Internet service provider after receiving the no ̄tification.%与隐私权相较,个人信息权是一种网络环境中的新兴人格权,可以经由《网络安全法》个人信息保护方面的条文确立。我国可以采用机构监管与行业自律相结合的模式保障个人信息权。自律模式部分,网络隐私权保护组织以及第三方认证机构可以逐步独立。我国应当以司法途径与管理途径相结合的方式实现网络安全,在线上身份证制度的构建上,应由《网络侵权司法解释》作出司法导向。现有的“通知—删除”规则可以改制为“通知—删除—反通知—恢复”规则,网络服务提供商并不应网民的要求永久性删除信息,而是需要等待反通知期间

  7. Study on the Security of the Civil Rights of the Disabled People---Reflection of the Preferential Tax Policy of Social Welfare Enterprises in China%残疾人公民权利的保障性研究--关于中国社会福利企业税收优惠政策的思考

    Institute of Scientific and Technical Information of China (English)

    时立荣; 刘菁

    2013-01-01

    As a significant solution of disability employment,social welfare enterprises play a significant role in the protection of the right of employment and other rights of disabled people. The development of social welfare enterprises depend on preference policy of the country, especially the tax preference policy. This article is trying to overview the historical evolution of social welfare enterprises based on the major tax reform as the main line, then analyzing the evaluation of the present problem. Therefore, to promote the researches of the social welfare enterprises could safeguard and realize the rights of disabled people better.%社会福利企业是中国的残疾人就业的主要平台,国家通过组织集中就业的福利企业模式来保障残疾人的就业。社会福利企业由于先天的不足,其发展壮大依赖于国家的支持和鼓励政策,尤其是税收优惠方面的政策。文章试图以中国建国以来的几次重大税制改革为主线,对社会福利企业所享受的税收优惠政策进行梳理,并对新的税收优惠政策下福利企业发展所存在的问题进行分析。

  8. Active Center of Islamic Dialogue Civilizations

    Directory of Open Access Journals (Sweden)

    Ebrahim Moghimi

    2005-01-01

    Full Text Available It is obvious that an essay have introduced about Dialogue Civilizations, at first must be start with a definition about it. Obviously, this simple definition is almost difficult. Defining of Dialogue Civilizations is complex and difficult as far as it need to a vast range of definitions. In this essay will argue that how ever definition of Dialogue Civilization is different, can only seek as specific of intemporall and special situations that are in real-life. As well as this essay emphasize to practice of environmental (realm in Islamic countries. The philosophy of this essay is that, what is the share of Islamic environments with regard to looking at Civilizations special phenomena. The first attitude is that Islamic civilization includes different spaces around the globe. The second attitude is that Islamic Civilization includes developing of other Civilizations realm. The third is that in the realm of Islamic Civilization live different human life and this is an important starting point for Cultural Dialogue in the Islamic countries together. The fourth is that, there are expanding (space, population, political systems, organs and economic is different, that we will describe them in this essay.

  9. 31 CFR 103.57 - Civil penalty.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Civil penalty. 103.57 Section 103.57 Money and Finance: Treasury Regulations Relating to Money and Finance FINANCIAL RECORDKEEPING AND REPORTING OF CURRENCY AND FOREIGN TRANSACTIONS General Provisions § 103.57 Civil penalty. (a) For...

  10. Educating Civil Engineers for Developing Countries

    Science.gov (United States)

    Stanley, D.

    1974-01-01

    Based on engineering teaching experience in Africa and Asia, ideas are presented on educating civil engineers for developing countries, especially those in Africa. Some of the problems facing educational planners, teachers, and students are addressed, including responsibilities of a newly graduated civil engineer, curriculum development, and…

  11. 46 CFR 80.40 - Civil penalty.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 3 2010-10-01 2010-10-01 false Civil penalty. 80.40 Section 80.40 Shipping COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) PASSENGER VESSELS DISCLOSURE OF SAFETY STANDARDS AND COUNTRY OF REGISTRY § 80.40 Civil penalty. For each violation of the regulations in this part, the owner,...

  12. Civil Society Participation at CONFINTEA VI

    Science.gov (United States)

    Haddad, Sergio

    2012-01-01

    This article analyzes the participation of civil society in the Sixth International Conference on Adult Education held in Belem do Para, Brazil, 1-4 December 2009. As a foundation, the discussion first illuminates the important role that civil society in general plays in democratic issues and the relation between the state and society followed by…

  13. Civil Engineering: Improving the Quality of Life.

    Science.gov (United States)

    One Feather, Sandra

    2002-01-01

    American Indian civil engineers describe the educational paths that led them to their engineering careers, applications of civil engineering in reservation communities, necessary job skills, opportunities afforded by internship programs, continuing education, and the importance of early preparation in math and science. Addresses of 12 resource Web…

  14. Remaking Public Spaces for Civil Society

    Science.gov (United States)

    Ranson, Stewart

    2012-01-01

    The collective action predicaments of the time require citizens to participate in remaking the governance of civil society so that they can become engaged and cooperate together. Can citizens become makers of civil society? This article draws upon Hannah Arendt's "On Revolution" to provide a theory of remaking in which citizens come together to…

  15. 49 CFR 221.7 - Civil penalty.

    Science.gov (United States)

    2010-10-01

    ... persons, or has caused death or injury, a penalty not to exceed $100,000 per violation may be assessed... 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....

  16. Public health and the civilizing process.

    Science.gov (United States)

    Goudsblom, J

    1986-01-01

    Since the Middle Ages, European society has passed through two successive stages in the "civilizing process." Each has been attended by profound changes in psychological and social codes. These are examined in relation to a greater concern with health and hygiene in response to four waves of epidemics: leprosy, plague, syphilis, and cholera. Speculations are offered about AIDS and the "civilizing process".

  17. 76 FR 71431 - Civil Penalty Calculation Methodology

    Science.gov (United States)

    2011-11-17

    ... Uniform Fine Assessment (UFA) algorithm, which FMCSA currently uses for calculation of civil penalties. UFA takes into account the statutory penalty factors under 49 U.S.C. 521(b)(2)(D). The evaluation will... will impose a minimum civil penalty that is calculated by UFA. In many cases involving small...

  18. When legal rights are not a reality: do individuals know their rights and how can we tell?

    Science.gov (United States)

    Denvir, Catrina; Balmer, Nigel J; Pleasence, Pascoe

    2013-03-01

    Public knowledge of rights has been the subject of a number of empirical enquiries over the last decade. In England and Wales, knowledge of rights and its relationship with an individual's capacity to 'self-help' and 'self-represent' when faced with a civil justice problem has become the subject of renewed attention following changes to legal aid which, from March 2013, will see the availability of legal advice and representation dramatically reduced. Previous studies focusing on public knowledge of rights in this (and other) jurisdictions have illustrated a lack of knowledge amongst the general population and more specifically, a widespread tendency of individuals to assume that the law aligns with their own moral, ethical or social attitudes. However, many of these studies have also suffered from methodological shortcomings. In attempting to address some of these shortcomings this study uses an open-ended format to ask individuals with one or one or more civil or social justice problems to describe their rights/legal position. We find that whilst an open-ended question approach to exploring knowledge of rights yields insight not acquired by other formats, its utility is constrained by difficulty reconciling articulation and actual knowledge of rights. We discuss the implications of these findings as they relate to the development of future research in the field of family and social welfare law, Public Legal Education (PLE) and access to justice post-March 2013.

  19. ATLAS Civil Engineering Point 1

    CERN Multimedia

    Jean-Claude Vialis

    1999-01-01

    ATLAS Civil Engineering - Point 1 In the film you can see various stages of construction in Point 1: that is the experiment zone for ATLAS experimentation. One part of the video is filmed on the surface of Point 1. Therefore you can get the view of the hall SX 1 and the cranes. Cranes are located close to the ridge of the hall roof. The film gives you the view of the hall that covers the caps and the wells to underground cavern where the experiment will be implemented. The machinery for excavation lifts and cranes as well as the stock areas can also be seen. There are iron mounting and concrete works too

  20. Instituciones de Derecho Civil Colombiano

    Directory of Open Access Journals (Sweden)

    Carlos H Barrera Martínez

    2013-01-01

    Full Text Available Dice el autor, que con esta obra culmina su labor de tratadista iniciada hace 40 años, tras la aparición de la primera edición en hojas mimeografiadas en 1970, de las clases de derecho procesal que dictó en la Universidad La Gran Colombia; nos parece un acto más contestatario, que la culminación de su producción científica; y esto por el tratamiento dado al derecho procesal por el legislador, especialmente al Código de Procedimiento Civil de 1970; que en algún momento fue considerado de los más desarrollados en la cultura jurídica “neorománica”.

  1. Civil Liability for Environmental Damages

    Directory of Open Access Journals (Sweden)

    Daniela Ciochină

    2012-05-01

    Full Text Available We debated in this article the civil liability for environmental damages as stipulated in ourlegislation with reference to Community law. The theory of legal liability in environmental law is basedon the duty of all citizens to respect and protect the environment. Considering the importance ofenvironment in which we live, the liability for environmental damages is treated by the Constitution as aprinciple and a fundamental obligation. Many human activities cause environmental damages and, in linewith the principle of sustainable development, they should be avoided. However, when this is notpossible, they must be regulated (by criminal or administrative law in order to limit their adverse effectsand, according to the polluter pays principle, to internalize in advance their externalities (through taxes,insurances or other forms of financial security products. Communication aims to analyze these issues andlegal regulations dealing with the issue of liability for environmental damage.

  2. Instituciones de Derecho Civil Colombiano

    OpenAIRE

    Carlos H Barrera Martínez

    2013-01-01

    Dice el autor, que con esta obra culmina su labor de tratadista iniciada hace 40 años, tras la aparición de la primera edición en hojas mimeografiadas en 1970, de las clases de derecho procesal que dictó en la Universidad La Gran Colombia; nos parece un acto más contestatario, que la culminación de su producción científica; y esto por el tratamiento dado al derecho procesal por el legislador, especialmente al Código de Procedimiento Civil de 1970; que en algún momento fue considerado de los m...

  3. Expanding advanced civilizations in the universe

    CERN Document Server

    Gros, C

    2005-01-01

    The 1950 lunch-table remark by Enrico Fermi `Where is everybody' has started intensive scientific and philosophical discussions about what we call nowadays the `Fermi paradox': If there had been ever a single advanced civilization in the cosmological history of our galaxy, dedicated to expansion, it would have had plenty of time to colonize the entire galaxy via exponential growth. No evidence of present or past alien visits to earth are known to us, leading to the standard conclusion that no advanced expanding civilization has ever existed in the milky-way \\cite{Webb}. This conclusion rest fundamentally on the ad-hoc assumption, that any alien civilizations dedicated to expansion at one time would remain dedicated to expansions forever. Considering our limited knowledge about alien civilizations we need however to relax this basic assumption. Here we show that a substantial and stable population of expanding advanced civilization might consequently exist in our galaxy.

  4. Cyber threats within civil aviation

    Science.gov (United States)

    Heitner, Kerri A.

    Existing security policies in civil aviation do not adequately protect against evolving cyber threats. Cybersecurity has been recognized as a top priority among some aviation industry leaders. Heightened concerns regarding cyber threats and vulnerabilities surround components utilized in compliance with the Federal Aviation Administration's (FAA) Next Generation Air Transportation (NextGen) implementation. Automated Dependent Surveillance-B (ADS-B) and Electronic Flight Bags (EFB) have both been exploited through the research of experienced computer security professionals. Civil aviation is essential to international infrastructure and if its critical assets were compromised, it could pose a great risk to public safety and financial infrastructure. The purpose of this research was to raise awareness of aircraft system vulnerabilities in order to provoke change among current national and international cybersecurity policies, procedures and standards. Although the education of cyber threats is increasing in the aviation industry, there is not enough urgency when creating cybersecurity policies. This project intended to answer the following questions: What are the cyber threats to ADS-B of an aircraft in-flight? What are the cyber threats to EFB? What is the aviation industry's response to the issue of cybersecurity and in-flight safety? ADS-B remains unencrypted while the FAA's mandate to implement this system is rapidly approaching. The cyber threat of both portable and non-portable EFB's have received increased publicity, however, airlines are not responding quick enough (if at all) to create policies for the use of these devices. Collectively, the aviation industry is not being proactive enough to protect its aircraft or airport network systems. That is not to say there are not leaders in cybersecurity advancement. These proactive organizations must set the standard for the future to better protect society and it's most reliable form of transportation.

  5. Sexuality and women's rights in armed conflict in Sri Lanka.

    Science.gov (United States)

    Tambiah, Yasmin

    2004-05-01

    The discourse of human rights in armed conflict situations is well adapted to respond to violence and violation, invoking internationally agreed principles of civil and political rights. However, in areas where the subject or domain of rights discourse is contested or controversial, human rights advocates appear less prepared to promote and defend such rights. Sexuality is one such domain. This paper explores the complex sexual choices women in Sri Lanka have had to negotiate, particularly widows and sex workers, within a context of ethnic conflict, militarisation and war. It argues that sexuality cannot be defined exclusively in terms of violation, even in a context dominated by violence, and that the sexual ordering of society may be subverted in such conditions. Newly widowed women and sex workers have had to negotiate self-determination as well as take responsibility for earning income and heading households, in spite of contrary community pressures. For women, political and economic rights are closely linked with the ability to determine their sexual and reproductive choices. The challenge to women's and human rights advocates is how to articulate sexual autonomy as a necessary right on a par with others, and strategise to secure this right during armed conflict and postwar reconstruction.

  6. Getting To Rights

    DEFF Research Database (Denmark)

    Kerrigan, Fergus

    This study takes its point of departure in human rights, equality and personal freedom, including support for the rights of LGBTI persons. Its intention is to combine these principles with respect for African communities, cultures, and the fortitude with which Africans face many challenges. Human...... together. African societies and the deeply human values they embody contain resources to face challenges, including in this sensitive domain.......This study takes its point of departure in human rights, equality and personal freedom, including support for the rights of LGBTI persons. Its intention is to combine these principles with respect for African communities, cultures, and the fortitude with which Africans face many challenges. Human...... rights law demands that people be protected against human rights violations committed by private actors. The Human Rights Based Approach to Development (HRBA) looks at the potential of non-state actors as partners. In contexts where many public services are delivered by non-state actors, many areas...

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

    Science.gov (United States)

    Graff, Gilda

    2016-01-01

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

  8. 75 FR 39266 - Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties...

    Science.gov (United States)

    2010-07-08

    ... race, ethnicity, or religion, by employees and officials of the Department of Homeland Security. The.../ religion (CRCL does not solicit this information, it is tracked if individuals provide it);...

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

    Directory of Open Access Journals (Sweden)

    Zarina Kamilevna Kondratenko

    2015-09-01

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

  10. Bilingual/Bicultural Education--A Privilege or a Right? Education Bilingue/Bicultural--Un Privilegio o un Derecho?

    Science.gov (United States)

    Steiner, Frank, Comp.; And Others

    Prepared by the Illinois State Advisory Committee for submission to the U.S. Commission on Civil Rights, this report focused on the growing concern among Latino parents, students, and community leaders over alleged violations of Latino students' rights to an education in Chicago, the only city in the United States with a large population of both…

  11. 42 CFR 422.1074 - Right to request Departmental Appeals Board review of Administrative Law Judge's decision or...

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Right to request Departmental Appeals Board review of Administrative Law Judge's decision or dismissal. 422.1074 Section 422.1074 Public Health CENTERS... MEDICARE ADVANTAGE PROGRAM Appeal procedures for Civil Money Penalties § 422.1074 Right to...

  12. 42 CFR 423.1074 - Right to request Departmental Appeals Board review of Administrative Law Judge's decision or...

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Right to request Departmental Appeals Board review of Administrative Law Judge's decision or dismissal. 423.1074 Section 423.1074 Public Health CENTERS... VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Appeal Procedures for Civil Money Penalties § 423.1074 Right...

  13. Student Rights and Student Discipline. School Leadership Digest Series, Number 13. ERIC/CEM Research Analysis Series, Number 15.

    Science.gov (United States)

    Schofield, Dee

    This analysis of the research outlines the history of the conflict over student rights--a conflict that has its basis in American political and social philosophy. The author views the tension between those who favor the expansion of civil rights for students and those who advocate a return to discipline based on the in loco parentis doctrine as…

  14. Possession as an institute of civil law in Kosovo

    Directory of Open Access Journals (Sweden)

    Kaltrinë Haliti

    2016-03-01

    Full Text Available Social interest and main aim of this paper is to introduce a proper problematic of this institute, given that after the war in Kosovo, numerous usurpations have occurred. A vast number of related cases are pending to be solved which at first impression seem to be unimportant. However, having such cases unsolved which are deliberately categorized as proceedings of an urgent need by the legislator, frequently resulted with serious consequences as well as commission of major crimes. Today, the approach that obstruction of possession is a factual power over an item prevails, which provides a legal contribution pursuant to law and enjoys civil-legal protection. A crucial legal contribution of possession is its court protection in case of obstruction by unlawful self-judgment. Possession also enjoys independent protection of a right over an item. Given that possession itself is not a right whatsoever, herewith we may conclude that obstruction of possession constitutes infringement of no rights. However, should the obstruction to possession is committed violently, such possession constitutes the right’s infringement provided that every violent act is unlawful, and thus it is correctly protected by an interdict claim.

  15. Research on Sexual Autonomy from the Perspective of the Civil Code%民法法典化视野下的性自主权

    Institute of Scientific and Technical Information of China (English)

    王浩

    2012-01-01

    理论界与实务界对性自主权问题论及不多,在目前民法法典化的背景下研究性自主权具有其独特的价值。性自主权属于民事权利的范畴,其具体属性应当是具体人格权而非一般人格权。性自主权的基本内容应当包括性保持权与性决定权两个方面。性自主权应当在我国未来的民法典中得到规定。%Considering the right to sexual freedom has been rarely mentioned,it's valuable to study it on the background of the current civil codification. The right to sexual freedom belongs to the civil rights, and the nature of it should be specific per-sonality right rather than general personality right. The basic content of the right to sexual freedom includes the right to matain sexual purity and the right to decide sexual affairs. The right to sexual freedom should have its own place in the future civil code.

  16. UNDER THE NEW CIVIL CODE: THE SALE CONTRACT IS TRANSLATED PROPERTY OR CREATOR ONLY OF OBLIGATIONS?

    Directory of Open Access Journals (Sweden)

    Liviu ST NCIULESCU

    2012-06-01

    Full Text Available According to art. 1650, paragraph. 1, of the Civil Code, "The sale is the contract that the seller transmits or, where appropriate, seek to transmit the property of an asset to the buyer, for a price which the buyer is obliged to pay" The dispositions of the 2011 civil code suggests that compared to the time of transfer of ownership, the contract may have different legal nature: creative translative property or obligations. Thus, transfer of ownership may be immediately and in this case, as occurs or may be postponed (conclusion of the contract and in this case, is an obligation of the seller. For example, art. 1674 of Civil Code states that "the property is" shifting "by right to the buyer" and "General Provisions" of art. 1672. paragraph 1 and art. 1673. paragraph 1 of Civil Code provides that "The seller is obliged to transmit the buyer the ownership of the sold property ". Please note that until the appearance of the Civil Code 2011, the sale was widely known as "translational property" and a possible shift in the category of contracts creating obligations would produce important consequences for the concept (and related institutions. On the background issues above, we consider that the presentation of opinions and arguments in their support could be beneficial.

  17. Global Civil Society and Health Advocacy in Intellectual Property Related Issues

    OpenAIRE

    Bennett, Alexandra

    2015-01-01

    Civil society organizations and other non-governmental organizations (NGOs) act as policy watchdogs and often represent the voices of marginalized populations. The importance of advocates in the field of Intellectual Property is apparent now more than ever. The global stage is changing; what were previously considered domestic issues have been thrust onto the international stage by agreements such as the Trade Related Aspects of Intellectual Property Rights agreement (TRIPS) (Sell & Praka...

  18. Personal rights and social control: Civil commitment for the mentally ill and legal issues in the United States%个人权利与社会控制:美国对精神疾病患者的“民事监禁”与法律问题

    Institute of Scientific and Technical Information of China (English)

    汤宜朗

    2013-01-01

    It often requires cautious and careful considerations in psychiatric practice regarding how to protect personal rights (including health care rights) of patients with mental illness,and to involuntarily hospitalize patients who pose danger to self,others or the society.Psychiatry is one of the few medical specialties that are most vulnerable to be abused by public power or other external factors.Psychiatrists are among the minority of medical professionals who can take away one's freedom by making diagnosis.The author attempts to bring some unique perspectives based on his own clinical experience in both China and the United States,as a clinical psychiatrist,by using illustrative clinical cases.%如何保障患者的个人权利(包括医疗健康权利),同时对可能危及个人、他人或社会的少数患者实施非自愿治疗(社会控制),这在精神病学实践中常常需要谨慎处理.精神病学很可能是医学学科中最容易被公权或其他外在因素利用的学科.精神科医生是极少数能够有权力通过给予诊断而剥夺患者自由的医学专业人员.本文作者根据在中美两国从事精神病学临床实践的经历,利用一些描述性实例,试图提供一些相对独特的视角.

  19. Politicization of Senior Civil Servants in Slovenia

    Directory of Open Access Journals (Sweden)

    Lea NAHTIGAL

    2013-06-01

    Full Text Available In the context of the civil service system reform, the new normative framework adopted in 2002 introduced a new management arrangement in public administration, whose consequence was the transition of senior positions within ministries, bodies within ministries, and government offices from political officials to positional civil servants with a limited term of office, who have thus become the most senior civil servants, called administrative managers. Based on extensive empirical research and statistical data, this article provides an in-depth analysis of the status and position of administrative managers, which is intended to serve as a test whether the apex of the Slovenian administrative system is politicized and in what form. In the so-called new democracies, politicization most often is manifested as a violation of the principles of political neutrality characteristic of a professional civil service, through personalized and biased appointments of senior civil servants and in the low degree of protection against lay-offs of civil servants on political grounds. Administrative managers thus often have to decide between political susceptibility and trustworthiness versus professionalism and professional accountability, for their tasks belong to the administrative and political realms. This poses a question about the degree of influence politicians exert on administrative managers and the rate of success with which administrative managers manage to retain their professionalism and independence, which should represent the key characteristics of a senior civil servant.

  20. Competencies Framework for Civil Engineer in Thailand

    Directory of Open Access Journals (Sweden)

    Phanudej Kudngaongarm

    2012-02-01

    Full Text Available The civil engineering industry now faces with many problems such as poorly planned projects, breach of the delivery date, erroneous budget estimation, uncontrolled system functionality changes, and inappropriate documentation that all lead to the dissatisfaction of clients. One of the main concerns of civil engineering industry is to develop the talent of its human resources, since the quality and innovation of its products and services depend to a great extent on the knowledge, the ability and the talent that civil engineers apply in the development process. A competency framework defines a set of knowledge, skills, and behaviors that professionals must have to excel in their careers. A competency framework facilitates the identification of training needs and guides the design of a professional development program. In this paper we propose a competency framework for civil engineers, whose design is based on the activities and interactions that they perform during the civil development process. Thus, competency framework for civil engineers defines a set of knowledge, abilities and key behaviors, with special emphasis in the soft skills. The organization that adopts this framework must define and integrate the specific competencies needed by for civil engineers to allow them to fulfill their goals.

  1. Tropical Climate Dynamics and Civilizations

    Science.gov (United States)

    Haug, G. H.; Yancheva, G.; Peterson, L. C.

    2005-12-01

    Dr. James P. Kennett has been a leader in the area of rapid climate change. Jim and his son Douglas J. Kennett, a scientific archeologist, were among the first to make a serious effort to combine high-quality climate data with archeological information to study the impact of climate on societies. They argued about the 'strong relationship between climatically induced changes in environmental conditions and social, political, and economic responses' in coastal California during the past 2 millennia. One tropical climate archive with an appropriate memory for the most relevant sub-centennial to sub-decadal scale climate swings is the anoxic Cariaco Basin off northern Venezuela. Millimeter to micrometer-scale geochemical data in the laminated sediments of the Cariaco Basin have been interpreted to reflect variations in the hydrological cycle and the mean annual position of the Intertropical Convergence Zone (ITCZ) over tropical South America during the past millennia. These data with decadal to (sub)annual resolution show that the Terminal Collapse of the Classic Maya civilization occurred during an extended dry period. In detail, the Cariaco record reveals evidence for three separate droughts during the period of Maya downfall, each lasting a decade or less. These data suggest that climate change was potentially one immediate cause of the demise of Mayan civilization, with a century-scale decline in rainfall putting a general strain on resources and several multi-year events of more intense drought pushing Mayan society over the edge. Here, we present a new data set of comparable quality and resolution from Southern China. In the sediments of lake Huguang Maar in coastal southeast China, the titanium content and redox-sensitive magnetic properties record the strength of winter monsoon winds at subdecadal resolution over the last 16 thousand years. The record indicates a stronger winter monsoon prior to the Boelling-Alleroed warming, during the Younger Dryas, and

  2. THE POETIC VECTOR OF CIVILIZATION

    Directory of Open Access Journals (Sweden)

    Mikhail Epstein

    2016-01-01

    Full Text Available The article regards poetry as the type of a world view that has profound effect on the social and technical development of civilization. Contrary to popular belief about the decline of poetry in the technological age, poetry, as the desire for imaginative comprehension and transformation of the world, remains the most powerful engine of civilization. There are new, non-linguistic forms of existence of poetry (outside of verses and books that are explored in the article: anthropoeia, biopoeia, kosmopoeia, noopoeia, sociopoeia, technopoeia… For example, the technique is no less metaphorical and symbolic than poetry is, but it embodies the energy of creation not in words, but in the poetically transfigured matter where each element is „playing” with nature, overcomes the force of gravity, the distances of time and space. Tehnopoeia as realized in aviation, rocketry, electronics, Internet, new means of communication, allows to see clearly the invisible, to hear the inaudible, to speak many languages. Technopoeia is the poetic aspect of technology as an activity that implements the creative aspirations of humans and the symbolic vision of the world. The article examines the „physics of poetry,” as it was understood by Surrealists, and shows that the poetic perception of things is not opposed to its utilitarian functions, but both can be harmoniously combined. Contemporatry science and technology aspire to implement a number of fundamental biopoetic and cosmopoetic metaphors: the universe — a computer, a planet — a living organism, the computer — the brain, the Internet — the nervous system, infectious viruses — computer and genes, the language of life — the process of writing… The metaphor becomes an integral part of the scientific outlook and the driving force behind the new discovery. Philology and poetics need to develop new methods of analysis of poetic phenomena as embodied not in verses, but in scientific thinking and

  3. Belief, motivational, and ideological correlates of human rights attitudes.

    Science.gov (United States)

    Crowson, H Michael; DeBacker, Teresa K

    2008-06-01

    Many people believe that an informed and thoughtful citizenry is essential to the maintenance of democratic ideals within the United States and the spread of those ideals abroad. Since the September 11, 2001, terrorist attacks, the evidence that Americans consider issues of human dignity and rights when making judgments about the U.S. government's war on terror has been mixed. In our study, we assessed the relative contributions of ideological, belief, and cognitive-motivational factors to the prediction of human rights and civil liberties attitudes. Individuals scoring high on measures of right-wing authoritarianism (RWA) and the belief that the structure of knowledge is simple were the most likely to support restrictions on human rights and civil liberties as part of the war on terror. In a subsequent regression analysis, individuals scoring higher on personal need for structure or exhibiting lower levels of epistemological belief complexity tended to score higher on RWA. Additionally, men were generally more likely to support restrictions on rights and liberties and to score higher on RWA than were women.

  4. Mechanics, Models and Methods in Civil Engineering

    CERN Document Server

    Maceri, Franco

    2012-01-01

    „Mechanics, Models and Methods in Civil Engineering” collects leading papers dealing with actual Civil Engineering problems. The approach is in the line of the Italian-French school and therefore deeply couples mechanics and mathematics creating new predictive theories, enhancing clarity in understanding, and improving effectiveness in applications. The authors of the contributions collected here belong to the Lagrange Laboratory, an European Research Network active since many years. This book will be of a major interest for the reader aware of modern Civil Engineering.

  5. Advancing Human Rights

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    The National Human Rights Action Plan of China (2012-2015) was initiated after the successful conclusion of the National Human Rights Action Plan of China (2009-2010).The Chinese government in late July published an assessment report on the implementation of the plan,elaborating on the full implementation of China's first-ever national program on human rights development,which was drafted in April 2009.

  6. On partitions avoiding right crossings

    CERN Document Server

    Yan, Sherry H F

    2011-01-01

    Recently, Chen et al. derived the generating function for partitions avoiding right nestings and posed the problem of finding the generating function for partitions avoiding right crossings. In this paper, we derive the generating function for partitions avoiding right crossings via an intermediate structure of partial matchings avoiding 2-right crossings and right nestings. We show that there is a bijection between partial matchings avoiding 2-right crossing and right nestings and partitions avoiding right crossings.

  7. Study on Issues of Newborn Personal Rights%新生人格权问题研究

    Institute of Scientific and Technical Information of China (English)

    刘士国

    2011-01-01

    The development of technology has brought on the control right for personal information, and made it necessary to enhance the protection of privacy right. The right to education has double attributes of citizen' s fundamental right in constitution and personal right in civil law. The right to know does also have two attributes of public law and private law. Besides, the right to know in the meaning of private law has been developed to one kind of personal right, which only has significance in economic field before. All of the aforesaid rights should be stipulated as personal rights in Chinese civil law.%科学技术的发展形成个人信息控制权,增强了个人隐私权保护的必要性。受教育权具有宪法公民基本权利和民事人格权的双重属性;知情权也有公法与私法两种属性,并且私法上的知情权已从经济意义上的权利升华为人格权。我国应将上述权利在民法中规定为人格权。

  8. [The civil liability of obstetricians].

    Science.gov (United States)

    Uphoff, R; Hindemith, J

    2011-12-01

    The number of maternal and child deaths associated with delivery in Germany has reached a historically low level. Even so, the number of claims for damages arising from birth complications is continuously increasing. The reasons for this apparent paradox are analysed in the present contribution. Basic principles of the present situation concerning legal precedents with regard to birth damages are illustrated. The legal instrumentarium which the courts use to reach their decisions is presented. The interactions of the reasons for liability are demonstrated for the five most frequently occurring critical obstetric situations (intrauterine asphyxia, premature amniorrhexis, danger of premature birth, intrauterine growth retardation, birth of a depressed child).From an analysis of court decisions on liability questions that result from an objective failure of obstetric management in critical situations, four general empirical rules can be derived and observation of these rules could markedly reduce the number of patient claims. The function of civil court rulings as a necessary control instance is positively accepted.

  9. Noviolencia, desobediencia civil y ejemplaridad

    Directory of Open Access Journals (Sweden)

    Alicia María de Mingo Rodríguez

    2010-06-01

    Full Text Available 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 educación y filosofía para lapaz. Es por ello por lo que se hace imprescindible traer a primer plano la importanciadel compromiso, la responsabilidad y el sacrificio que comporta la noviolencia, a finde que se los pueda hacer trascender socialmente bajo la modalidad (decisiva en unacultura de paz de ejemplaridad y autoridad, muy relevantes para que la noviolenciagane prestigio social real (y no un prestigio utópico.

  10. On Stock Right

    Institute of Scientific and Technical Information of China (English)

    潘雯

    2008-01-01

    The Company Law of 1993 is important in protecting the interests of both companies and shareholders. But on stock right, it always arouses heated debate among scholars. Before the promulgation of New Company Law of 2006, varieties of theories of this issue have been formed. Through analyzing and refuting those theories, I try to clear the ambiguous definition by explaining the essence of right and comparing related right, so as to reach the conclusion that the stock right is only the changeable form of the ownership of shareholders.

  11. The Forgotten Property Rights

    DEFF Research Database (Denmark)

    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 hou...... with the view that the Vietnamese government has managed to intervene effectively in agricultural (rice) production to promote output and food security. At the same time, it is now time to carefully consider the potential benefits of a more diversified crop pattern....

  12. The Forgotten Property Rights

    DEFF Research Database (Denmark)

    Markussen, Thomas; Tarp, Finn; Van Den Broeck, Katleen

    2011-01-01

    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...... restrictions are widespread and prevent crop diversification. Restrictions do not decrease household income, but restricted households work harder, and there are indications that they are supplied with higher quality inputs. Our findings are consistent with the view that it is possible to intervene effectively...

  13. Transnational Obligations in the field of Economic, Social, and Cultural Rights

    Directory of Open Access Journals (Sweden)

    Felipe Gómez Isa

    2009-01-01

    Full Text Available Given that States, particularly developing States, are more exposed than ever before to actions taken by other States, International Organizations, and Transnational Corporations, there is a pressing need to carefully reflect on the obligations States may have with regard to the effects that their international activities have on the economic, social and cultural rights (ESC rights of people living in another country. Unlike extraterritorial obligations in the field of civil and political rights and International Humanitarian Law, the discussion on the transnational obligations in the area of ESC rights has not received much attention so far.

  14. A Mathematics Lesson from the Mayan Civilization.

    Science.gov (United States)

    Lara-Alecio, Rafael; Irby, Beverly J.; Morales-Aldana, Leonel

    1998-01-01

    Discusses how teachers can infuse culture into the curriculum and develop students' competence and confidence by using ethnomathematics. Examines the mathematics of the Mayan civilization. Contains 22 references. (ASK)

  15. 10 CFR 1017.29 - Civil penalty.

    Science.gov (United States)

    2010-01-01

    ... paragraph (m)(4) of this section, the Hearing Officer may receive any oral or documentary evidence, but... the civil penalty on the person's ability to do business; (iv) Any history of prior violations;...

  16. Civil Remedies Division Administrative Law Judge Decisions

    Data.gov (United States)

    U.S. Department of Health & Human Services — Decisions issued by Administrative Law Judges of the Departmental Appeals Board's Civil Remedies Division concerning fraud and abuse determinations by the Office of...

  17. A Universal Model of Global Civil Unrest

    CERN Document Server

    Braha, Dan

    2012-01-01

    Civil unrest is a powerful form of collective human dynamics, which has led to major transitions of societies in modern history. The study of collective human dynamics, including collective aggression, has been the focus of much discussion in the context of modeling and identification of universal patterns of behavior. In contrast, the possibility that civil unrest activities, across countries and over long time periods, are governed by universal mechanisms has not been explored. Here, we analyze records of civil unrest of 170 countries during the period 1919-2008. We demonstrate that the distributions of the number of unrest events per year are robustly reproduced by a nonlinear, spatially extended dynamical model, which reflects the spread of civil disorder between geographic regions connected through social and communication networks. The results also expose the similarity between global social instability and the dynamics of natural hazards and epidemics.

  18. Civil Education in the Theory and Practice of Women's Civil Work Association in the Second Polish Republic

    Directory of Open Access Journals (Sweden)

    Piwowarczyk Mirosław

    2014-11-01

    Full Text Available 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 an interest in the affairs of the state and who take an active stance towards the strengthening of the new independent state. The Association tried to achieve this aim by organising various forms and methods of civil education, setting up and running various educational, supportive, an economic institutions, which made it possible for the Association to bring into effect its ideas, including the main goal, that is, the creation of a modern, active, and responsible woman citizen.

  19. GOLPE CIVIL-MILITAR DE 1964: ORIGENS E NOTAS CARACTERIZADORAS / CIVIL-MILITARY COUP OF 1964: ORIGINS AND CHARACTERISTICS

    Directory of Open Access Journals (Sweden)

    Ana Maria D’Ávila Lopes

    2015-12-01

    Full Text Available This article discusses about the origins and characteristics of the Coup of 64. In order to do so, we use the interdisciplinary bibliographic research. On the first topic the origins of the coup of 64 are analyzed, highlighting the role played by political, economic and social factors that were its tangential. Then, our research comments the characteristics of the coup of 64, especially the bureaucratic authoritarian character; consensual legitimacy of civil society; the extension of the central military power; State terrorism implemented through the institutionalization of enforcement agencies to commit serious human rights violations and the authoritarian legality. By the end, it is concluded that the coup of 64 is headquartered in factual and symbolic legacy of Vargas, represented in the imaginary of elites, mainly by the figure of the former president João Goulart, coupled to polarization between capitalism and communism at the global level and at economic struggles on opening markets, remittance of foreign exchange dealing abroad and increased investment from the state to the private sector. In the same way, it verifies that Brazil singled out for its bureaucratic authoritarianism, by legitimacy - of origin - consented by the sophistication of its state terrorism, as well as, the exacerbation of its authoritarian legality. Furthermore, it stresses the nature of the coup of 64, and not “revolution” and its hybridity, due to the support of civil seizure to the achievement of power by the military segments.

  20. Civil responsibility of Physical Education professionals

    OpenAIRE

    2008-01-01

    The aim of this paper is to analyze the civil responsibility of Physical Education professionals which consists of an obligation to repair eventual damages in their professional practice. Firstly, this study presents a historical rescue, the conceptualization of civil responsibility , the differentiation of that criminal responsibility, and also of the assumed ones. Secondly, the conditions for the imputation of a damage and the differentiation between obligation of means and obligation of ...

  1. The Future SSC Pacific Civil Service Workforce

    Science.gov (United States)

    2008-08-01

    TECHNICAL REPORT 1971 August 2008 The Future SSC Pacific Civil Service Workforce P. Shigley G. Pennoyer J. Carreño Approved for... Shigley G. Pennoyer J. Carreño Approved for public release; distribution is unlimited. SSC San Diego San Diego, CA 92152-5001 SB...Prescribed by ANSI Std. Z39.18 08–2008 Final THE FUTURE SSC PACIFIC CIVIL SERVICE WORKFORCE P. Shigley G. Pennoyer J

  2. 32 CFR 855.13 - Civil fly-ins.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Civil fly-ins. 855.13 Section 855.13 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE AIRCRAFT CIVIL AIRCRAFT USE OF UNITED STATES AIR FORCE AIRFIELDS Civil Aircraft Landing Permits § 855.13 Civil fly-ins. (a)...

  3. Galactic civilizations - Population dynamics and interstellar diffusion

    Science.gov (United States)

    Newman, W. I.; Sagan, C.

    1981-01-01

    A model is developed of the interstellar diffusion of galactic civilizations which takes into account the population dynamics of such civilizations. The problem is formulated in terms of potential theory, with a family of nonlinear partial differential and difference equations specifying population growth and diffusion for an organism with advantageous genes that undergoes random dispersal while increasing in population locally, and a population at zero population growth. In the case of nonlinear diffusion with growth and saturation, it is found that the colonization wavefront from the nearest independently arisen galactic civilization can have reached the earth only if its lifetime exceeds 2.6 million years, or 20 million years if discretization can be neglected. For zero population growth, the corresponding lifetime is 13 billion years. It is concluded that the earth is uncolonized not because interstellar spacefaring civilizations are rare, but because there are too many worlds to be colonized in the plausible colonization lifetime of nearby civilizations, and that there exist no very old galactic civilizations with a consistent policy of the conquest of inhabited worlds.

  4. 75 FR 78147 - Human Rights Day, Bill of Rights Day, and Human Rights Week, 2010

    Science.gov (United States)

    2010-12-14

    ... Proclamation 8616--Human Rights Day, Bill of Rights Day, and Human Rights Week, 2010 #0; #0; #0; Presidential... Documents#0;#0; #0; #0;Title 3-- #0;The President ] Proclamation Human Rights Day, Bill of Rights Day, and Human Rights Week, 2010 By the President of the United States of America A Proclamation In 1948,...

  5. Getting To Rights

    DEFF Research Database (Denmark)

    Kerrigan, Fergus

    This study takes its point of departure in human rights, equality and personal freedom, including support for the rights of LGBTI persons. Its intention is to combine these principles with respect for African communities, cultures, and the fortitude with which Africans face many challenges. Human...

  6. Race, Rights and Rebels

    DEFF Research Database (Denmark)

    Suárez-Krabbe, Julia

    An analysis of the evolution of the overlapping histories of human rights and development, and an exploration of the alternatives, through the lens of indigenous and other southern theories and epistemologies......An analysis of the evolution of the overlapping histories of human rights and development, and an exploration of the alternatives, through the lens of indigenous and other southern theories and epistemologies...

  7. Left or Right

    Institute of Scientific and Technical Information of China (English)

    常厚飞

    2007-01-01

    In Europe people hold the fork in the left hand and the knife in the right throughout the meal, a system that is generally agreed to be more efficient than the American zigzag method. Americans hold both the fork and the knife in their right hands throughout the meal,

  8. Dynamic Right Triangles

    Science.gov (United States)

    Koyunkaya, Melike Yigit; Kastberg, Signe; Quinlan, James; Edwards, Michael Todd; Keiser, Jane

    2015-01-01

    Right triangles play a significant role in mathematics. In this favorite lesson, the authors help students understand variant and invariant properties by considering relationships among angle measures and side lengths in right triangles. Students explore these relationships using interactive mathematics software, changing one angle and observing…

  9. Human Rights Guaranteed

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    Report says China’s human rights plan successfully implemented According to a detailed assessment report published by China’s State Council Information Office (SCIO),all the measures outlined in the National Human Rights Action Plan of China (2009-10) had been successfully put into place by the end of 2010.

  10. Women's rights to health.

    Science.gov (United States)

    1997-08-01

    Women's rights and health are threatened by cultural, religious, and social biases against women that create barriers in women's ability to access health information, education, and services. The fact that women's basic human rights include a right to health has been incorporated in international rights covenants, but violations occur in the form of 1) direct state actions, such as coercive abortion; 2) failure of states to meet health needs; 3) discrimination that denies health care to specific groups; and 4) failure of states to protect women from violence, child marriage, female infanticide, and other forms of health- and life-threatening discrimination. In order to improve this situation, a basic set of indicators must be developed to monitor implementation of agreements to protect women. Health professionals must continue to incorporate women's rights into the ethics or charters of health practices, to improve service to women, and to increase governmental advocacy on behalf of women. Governments must acknowledge the benefits of applying a rights approach to women's health status and must develop plans to implement recommendations arising from international conferences on women's rights. Women-centered nongovernmental organizations must create a clear framework on women's rights to health and develop advocacy and networking strategies.

  11. The right to life

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Stavri Sinjari

    2013-06-01

    Full Text Available The right to life constitutes one of the main human rights and freedoms, foreseen by article 21 of the Albanian Constitution and article 2 of European Human Rights Convention. No democratic or totalitarian society can function without guarantees and protection of the human right to life We intend to address these issues on our article: What is life. What we legally understand with life. When the life starts and finish. How this right has evolved. Which is the state interest on protecting the life. Should we consider that the life is the same for all. Should the state interfere at any cost to protect the life. Is there any criminal charge for responsible persons to the violation of this right. Is this issue treated by European Human Rights Court. What are the Albanian legal provisions on protection of this right. This research is performed mainly according to a comparative and analytical methodology. Comperative analysis will be present almost throughout the paper. Treatment of issues of this research will be achieved through a system comparable with international standards in particular and the most advanced legislation in this area. At the same time, this research is conducted by analytical and statistical data processing. We believe that our research will make a modest contribution, not only to the legal literature, but also to criminal policy makers, law makers, lawyers and attorneys.

  12. Right to Information

    OpenAIRE

    Mendel, Toby

    2014-01-01

    In the last 20 years, there has been a massive growth in the number of national laws giving individuals the right to access information held by public bodies (right to information or RTI laws). The number of countries with such laws has grown from 19 mostly Western democracies i

  13. The environmental protection in the jurisprudence of the Inter-American Court of Human Rights

    Directory of Open Access Journals (Sweden)

    Valerio de Oliveira Mazzuoli

    2015-09-01

    Full Text Available This article examines the interconnections between environmental issues and the protection of human rights, in a process that began in the United Nations Conference on the Human Environment (Stockholm, 1972 and has been developed by the greening of the regional human rights systems. In the Inter-American system the article 11 of the Additional Protocol to the American Convention on Economic, Social and Cultural Rights of 1988 — the Protocol of San Salvador — guarantees the right to a healthy environment. However the American Convention (on its arts. 3-25, 44-51 and 61-69 and its Additional Protocol (on its arts. 8, 13 and 19.6 only allow the submission of individual petitions to the Inter-American Commission and the possible acting of the Inter-American Court, in complaints containing alleged violations of civil and political rights, trade union rights and the right to education. Despite the lack of devices that are capable to ensure an effective protection to the right to a healthy environment, by itself, the Inter-American Court has demonstrated the greening of the human rights, which means, in other words, that it is quite possible to protect environmental issues by the demonstration of its interconnections with civil and political rights that are directly protected by the inter-American system. Therefore, it is necessary to understand the contributions of the jurisprudence of the Inter-American Court in the strengthening of the civil and political rights in cases related to environmental issues.

  14. Successive Transfers Relating to Movable Tangible Assets and Acquisition of Property under Article 937, Paragraph (1 of the Civil Code

    Directory of Open Access Journals (Sweden)

    Mara Ioan

    2015-12-01

    Full Text Available Apparently article 1275, paragraph (1 of the Civil Code covers all situations that may arise in practice, without making a distinction for the constituent or transferring contracts if they are of the same or of different nature. However, we appreciate that article 1275 of the Civil Code does not apply in all situations of successive transfers relating to movable tangible property granted by the same legal subject. Corroborating this text with the norms in article 937 paragraph (1 of the Civil Code and article1273 paragraph (1 of the Civil Code it leads to the solution according to which article 1275 of the Civil Code regards only the cases where the transfer of successive property are of the same nature, the onerous primary act has not resulted in immediate transmission of real previous right of the document with the free subsidiary title and when the primal act is free, and the alternative is onerous. It is excluded, thus from the application of the rule in question when the primary onerous act had as effect the immediate transmission of the real right and then, but without having occurred the delivery of the asset by the acquirer, it was concluded a document with a free title, subsidiary.

  15. Abortion and human rights.

    Science.gov (United States)

    Shaw, Dorothy

    2010-10-01

    Abortion has been a reality in women's lives since the beginning of recorded history, typically with a high risk of fatal consequences, until the last century when evolutions in the field of medicine, including techniques of safe abortion and effective methods of family planning, could have ended the need to seek unsafe abortion. The context of women's lives globally is an important but often ignored variable, increasingly recognised in evolving human rights especially related to gender and reproduction. International and regional human rights instruments are being invoked where national laws result in violations of human rights such as health and life. The individual right to conscientious objection must be respected and better understood, and is not absolute. Health professional organisations have a role to play in clarifying responsibilities consistent with national laws and respecting reproductive rights. Seeking common ground using evidence rather than polarised opinion can assist the future focus.

  16. Bioethics and "Rightness".

    Science.gov (United States)

    Frank, Arthur W

    2017-03-01

    If bioethics seeks to affect what people do and don't do as they respond to the practical issues that confront them, then it is useful to take seriously people's sense of rightness. Rightness emerges from the fabric of a life-including the economy of its geography, the events of its times, its popular culture-to be what the sociologist Pierre Bourdieu calls a predisposition. It is the product of a way of life and presupposes continuing to live that way. Rightness is local and communal, holding in relationship those who share the same predisposing sense of how to experience. Rightness is an embodied way of evaluating what is known to matter and choosing among possible responses. Bioethics spends considerable time on what people should do and on the arguments that support recommended actions. It might spend more time on what shapes people's sense of the rightness of what they feel called to do.

  17. Climate Change, Human Rights, and Social Justice.

    Science.gov (United States)

    Levy, Barry S; Patz, Jonathan A

    2015-01-01

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

  18. Image Right and Copyright Law in Europe: Divergences and Convergences

    Directory of Open Access Journals (Sweden)

    Tatiana Synodinou

    2014-04-01

    Full Text Available This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in selected jurisdictions, in both the civil law and the common law tradition. It is deduced that the civil law approach based on the right of privacy or the right of personality is expressed mainly either via a duality, reflecting the extra-patrimonial and the patrimonial attributes to one’s own image, or via the recognition of a single right with a dual nature. On the other hand, the protection granted to the right to one’s own image in the United Kingdom is piecemeal in nature, since it is based on a broad interpretation of the classic torts of breach of confidence and passing off, which fails to provide a coherent and effective legal framework for protecting the intangible asset of a person’s image, both in terms of its dignitary and its economic identity. After pinpointing the major differences in terms of protecting the right to one’s own image in Europe, the emphasis is placed on the relationship between image rights and copyright law. A classic approach considers image rights as an external limitation of copyright law, and therefore typifies the relationship between image rights and copyright law as being primarily conflictual in nature. Nonetheless, it is also possible to focus on the convergences between the right to one’s own image and copyright law, since both refer to intangible assets that combine both extra-patrimonial and patrimonial interests. In this respect, copyright law could serve as a model for the eventual creation of a European patrimonial right to one’s own image. While the idea of promoting the recognition or establishment of a new intellectual property right for protecting the economic attributes of a person’s image in EU Member States’ domestic

  19. 康德的宪法公民社会%Kant’s Constitutional Civil Society

    Institute of Scientific and Technical Information of China (English)

    唐桂明

    2012-01-01

    在康德看来,一切自然状态都是需要进入公民状态的,人类只有进入伦理和律法的公民共同体,才可能真正谈得上尊严和价值。宪法公民社会是包含国家共同体和自由国家联盟共同体在内的法权体系,是康德所要构建的律法的—公民共同体。宪法公民社会体现出几方面的主要特征:权利概念是宪法公民社会的基本内涵;建立在道德原则基础之上的律法正义原则是宪法公民社会构建的基本原则;而共和制、代议制和自由言论则是宪法公民社会的主要制度性特征;彻底消除战争、实现永久和平则是宪法公民社会的终极目标。宪法公民社会是人类实现善德与幸福统一的至善——"上帝的国"在地上的实现。%In Kant’s view,all natural state should enter into civil state.Only when human beings become an ethic and law civil community,dignity and value could be achieved.Constitutionalism and civil society is a law power system which includes national community and freedom national league.Such society is what Kant called as civil community of law.The main features of constitutionalism and civil society are: 1) the basic connotation of constitutionalism and civil society is the conception of right;2) the major institutional characteristics of constitutionalism and civil society is republicanism,the representative system and freedom speech;3) the ultimate goal of constitutionalism and civil society is to diminish war and make permanent peace come true.Therefore,constitutionalism and civil society is the most realistic promise to the achievement of supreme good which unifies the goodness and happiness.

  20. Health and Human Rights: New challenges for social responsiveness

    Directory of Open Access Journals (Sweden)

    Leslie London

    2009-11-01

    Full Text Available South Africa’s struggle against apartheid discrimination, including struggles in the health sector, laid the basis for a vibrant engagement of staff and students in human rights research, teaching and outreach in the Health Sciences Faculty at the University of Cape Town (UCT. This article provides a brief overview of this background context, then shows how this engagement has continued with new challenges emerging in the post-apartheid democratic period. Teaching at undergraduate and postgraduate levels has been complemented by a programme of ‘Training the Trainers’ in health and human rights. The programme targets teachers of health professionals at institutions in South and Southern Africa, resulting in national adoption of human rights competencies as an essential component of health professionals’ skills base. Research has also extended lessons learnt from the apartheid period into work with vulnerable groups, such as rural farm workers and the deaf, and seeks to build the capacity of marginal populations to change the conditions of their vulnerability in order to realize their rights. Partnerships with civil society organisations have been a strong thread, creating new knowledge and new ways of joint work towards realizing the right to health, including advocacy engagement in civil society movements and regional networks. Further, a focus on health professionals’ practice, in terms of dealing with potential dual loyalty conflicts and their role as gatekeepers in the health services on matters of patients’ rights, has shaped the research agenda. This article illustrates how knowledge production for the public good extends beyond notions of enhancing economic productivity for national development and provides a base for transdisciplinary and transinstitutional engagement. Additionally, non-traditional forms of knowledge networking and transfer have also been explored, including engagement with policy-makers and health managers

  1. God’s gifts to humankind: a legal- philosophical interpretation of Luther’s views on ownership and the natural right to property

    Directory of Open Access Journals (Sweden)

    A. W.G. Raath

    2009-07-01

    Full Text Available The collapse of the medieval political and social order, the rise of the nation state and the emergent absolutism of civil rulers, meant that the early Reformers had to make a clearer demar- cation between the natural right to private property and the moral conditions giving rise to such a right, and a clearer de- lineation of the duties of civil authorities in dealing with private property in civil society. Luther’s view that natural right presup- poses the existence of moral duty and is intricately connected with the moral uprightness of the owner’s activities, produces a number of important perspectives still relevant for the debate concerning the natural rights of individuals to own property and to have the sphere of liberty attached to this right adequately protected.

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

    Directory of Open Access Journals (Sweden)

    Donika Plakolli

    2017-03-01

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

  3. Future trends in the legal rights of patients in nursing homes.

    OpenAIRE

    Hoffman, B. F.

    1989-01-01

    The author discusses the demographic aging of Canada and outlines how the Canadian Constitution and the Charter of Rights and Freedoms are likely to affect the care and treatment of nursing home residents. Because physical freedom and personal autonomy have been given such a high value in the constitution, civil and legal rights will be protected for all residents in nursing homes, and procedural safeguards will become mandatory in the next few years for patients who refuse treatment and for ...

  4. Speaking Truth to Power: Women's Rights as Human Rights

    Science.gov (United States)

    Crocco, Margaret Smith

    2007-01-01

    The author considers the treatment of women's rights as human rights in the social studies curriculum. She discusses the role of the United Nations in promoting women's rights since the adoption of the Universal Declaration of Human Rights in 1948. She also reviews the treatment of women's rights within social studies curriculum today through a…

  5. Concept of environment, sustainable development and respect for human rights

    Directory of Open Access Journals (Sweden)

    Urjana ÇURI

    2013-12-01

    Full Text Available 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 European Court of Human Rights, gave a number of decisions on matters implicating environmental laws and policies. What is to be noted, is the evolution of the guarantees provided under the European Convention on Human Rights, which refers to a substantial understanding of environmental protection, and also including procedural aspects related to the protection of the right to life, privacy, property, information and effective means of appeal. This evolution has been launched by the growing need for states to take preventive measures and policies to the requirements for a balanced sustainable economic development, avoiding environmental risks that imply the violation of human rights. Proportionality in the protection of the interests in this respect creates a context for a fair trial, but also promotes an open and constructive dialogue between judges and lawmakers to protect the public interest.

  6. The Emergence of Civilization [and] Case Studies in the Emergence of Civilization.

    Science.gov (United States)

    Ellison, Jack

    This secondary level anthropology textbook emphasizes the comparison of the patterns of culture change which resulted in complex societies (civilizations) in six different areas around the world. The textbook stresses problem-solving and is centered around three questions: In what manner and through what stages did these civilizations evolve? What…

  7. Autonomy and minority rights

    DEFF Research Database (Denmark)

    Barten, Ulrike

    2008-01-01

    to a specific group. The question never posed is, if there is a point and in that case at what point the group can actually talk about being autonomous. Is there a minimum in the number of special rights and procedures that has to be reached in order for the package of rights to qualify as ‘granting autonomy...... in the cultural, educational, religious and social sectors which have of course are exercised in a limited territory; however, do not threaten the state's sovereignty in the same way as independent political decisions could do. How far minority rights have the same dimensions, will be another issue. Minorities...

  8. Harmonization of the Ukrainian civil service with international and EU standards

    Directory of Open Access Journals (Sweden)

    L. V. Prudyus

    2016-07-01

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

  9. Human Rights and Transitional Societies: Contemporary Challenges

    DEFF Research Database (Denmark)

    Hansen, Thomas Obel

    2008-01-01

    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...... generally, asserts how Judicial Defenders may have contributed to justice in other ways in post conflict Rwanda. The author argues that an efficient transitional justice policy must take sufficiently into account the context of the society in question, and aim at establishing linkages between justice...

  10. [Patients' rights--doctors' duties].

    Science.gov (United States)

    Jaeger, L; Bertram, E; Grate, S; Mischkowsky, T; Paul, D; Probst, J; Scala, E; Wbllenweber, H D

    2015-06-01

    On 26 February 2013 the new "Law on Patients' Rights" (hereinafter also the "Law") became effective. This Law strengthens patients' rights vis-à-vis the insurdnce company and also regulates patients' rights regarding their relation to the doctor. This has consequences for the laws on medical liability all doctors must consider. The doctor's performance is and remains a service and such service does not hold any guarantee of success. Nevertheless, this Law primarily reads as a "law on the duties of physicians". To duly take into account these duties and to avoid mistakes and misinterpretation of the Law, the Ethics Committee of the Consortium of Osteosynthesis Trauma Germany (AOTRAUMA-D) has drafted comments on the Law. Brief summaries of its effects are to be found at the end of the respective comment under the heading "Consequences for Practice". The text of the law was influenced particularly by case law, as continuously developed by the German Federal Court of Justice ("BGH"). The implementation of the Law on Patients' Rights was effected by the newly inserted sections 630a to 630h of the German Civil Code (the "BGB"), which are analysed below. The following comments are addressed to physicians only and do not deal with the specific requirements and particularities of the other medical professions such as physiotherapy, midwifery and others so on. Special attention should be paid to the comments on the newly inserted Duty to inform, which has to be fullfilled prior to any diagnostic or therapeutic procedure (sec. 630c para 2 sentence 1 BGB). Under certain conditions the doctor also has to inform the patient about the circumstances that lead to the presumed occurance of a therapeutic or diagnostic malpractice (sec. 630c para. 2 sentence 2 BGB), based on the manifestation of an undesired event or an undesired outcome. As before, the patient's valid consent to any procedure (sec. 630d BGB) is directly linked to the comprehensive and timely provision of information

  11. Choices or Rights? Charter Schools and the Politics of Choice-Based Education Policy Reform

    Science.gov (United States)

    Eastman, Nicholas J.; Anderson, Morgan; Boyles, Deron

    2017-01-01

    Simply put, charter schools have not lived up to their advocates' promise of equity. Using examples of tangible civil rights gains of the twentieth century (e.g. "Brown v. Board," "Lau v. Nichols") and extending feminist theories of invisible labor to include the labor of democracy, the authors argue that the charter movement…

  12. 5 CFR 844.403 - Annuity rights after a disability annuity terminates.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Annuity rights after a disability annuity terminates. 844.403 Section 844.403 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL... disability annuity is terminated because of recovery or restoration of earning capacity and the individual...

  13. 76 FR 54110 - Attorney General's Guidelines on Implementation of the Provisions of the Voting Rights Act...

    Science.gov (United States)

    2011-08-31

    ... elections in the language of certain ``language minority groups'' in addition to English. The rule reflects... languages other than English, and this rule does not change these requirements. These jurisdictions have... Regarding Language Minority Groups AGENCY: Civil Rights Division, Department of Justice. ACTION: Final...

  14. "Free at Last": Kennedy, King, and the Meaning of Liberty in the Disability Rights Movement

    Science.gov (United States)

    Turnbull, H. Rutherford, III

    2012-01-01

    There is a direct link connecting President Kennedy and Martin Luther King, Jr., to the causes of liberty, consent, choice, the least restrictive environment, and genuine community presence for people with intellectual and related developmental disabilities. This article connects the meaning of liberty in those civil rights movements to the…

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

    NARCIS (Netherlands)

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

    2008-01-01

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

  16. Right Whale Critical Habitat

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — These data represent the critical habitat for Right Whale as designated by Federal Register Vol. 59, No. 28805, May 19, 1993, Rules and Regulations.

  17. Right Hemisphere Brain Damage

    Science.gov (United States)

    ... or hemispheres. Each hemisphere is responsible for different body functions and skills. In most people, the left side of the brain contains the person's language functions. The right side contributes to a number ...

  18. Pupils have rights too

    Directory of Open Access Journals (Sweden)

    Banjanin-Đuričić Nada

    2010-01-01

    Full Text Available The text points out the delicate problem of inadequate treatment of pupils by teachers. Such treatment may include insults, verbal aggression, sarcasm, but also the double meaning of the message in which it is hard to prove violation of pupils’ personality. Although characteristics of desirable relationship of teachers toward children are specified by the Convention on the Rights of the Child, Law on Foundations of the Education and Upbringing System, as well as by the Protocol for Protection of Children and Students from Violence, Abuse and Neglect in Educational Institutions, verbal aggression is still present, but often unrecognized as a form of violation of pupils’ rights - right to respect of personality and right to development. The text describes an attempt, almost an experiment, in the form of workshop model that can contribute to recognition of this problem and help in finding constructive ways to overcome it.

  19. Rights to Language

    DEFF Research Database (Denmark)

    Phillipson, Robert

    This work brings together cutting-edge scholarship in language, education and society from all parts of the world. Celebrating the 60th birthday of Tove Skutnabb-Kangas, it is inspired by her work in minority, indigenous and immigrant education; multilingualism; linguistic human rights; and global......; discourse analysis; language policy; minority issues; and language pedagogy. The book situates issues of minorities and bilingual education in broader perspectives of human rights, power and the ecology of language. It aims at a distillation of themes that are central to an understanding of language rights...... and how these are experienced, analyzed and negotiated in education. The thrust of the papers is on analysis, links between solid research and advocacy, successful struggles for minority rights, and equity. Together, they provide a provocative challenge to our ways of thinking about language, how language...

  20. Equal Love Rights

    Institute of Scientific and Technical Information of China (English)

    Zhou; Mingyang

    2015-01-01

    Recently,the LGBT community(including Lesbians,Gays,Bisexuals,Transgenders)has won big.In terms of their marriage rights,on July 2015,the Supreme Court of the United States has passed judegment to recognize same-sex marriage and grant most of their rights,which means one’s marriage with same sex is not only legal from then on,but also equal to that of opposite sex.

  1. Business and Human Rights

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    This article analyses the United Nations (UN) Guidelines on Business and Human Rights adopted in 2011 by the UN Human Rights Council from the perspective of transnational business governance interactions (TBGI) analytical framework.1 The article identifies and discusses dimensions of interaction...... in several areas of relevance to transnational business governance interaction and indicates the relevance of the TBGI approach to public regulatory transnational business governance initiatives. The analysis of the Guiding Principles as interactional transnational business governance suggests that this form...

  2. Animal Rights as a Mainstream Phenomenon

    Science.gov (United States)

    Rollin, Bernard E.

    2011-01-01

    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 and extremist lack of appreciation of how unrestricted animal use has improved human life. Such a view totally ignores the rational ethical basis for elevating legal protection for animals, as explained in this essay. Abstract Businesses and professions must stay in accord with social ethics, or risk losing their autonomy. A major social ethical issue that has emerged in the past four decades is the treatment of animals in various areas of human use. Society's moral concern has outgrown the traditional ethic of animal cruelty that began in biblical times and is encoded in the laws of all civilized societies. There are five major reasons for this new social concern, most importantly, the replacement of husbandry-based agriculture with industrial agriculture. This loss of husbandry to industry has threatened the traditional fair contract between humans and animals, and resulted in significant amounts of animal suffering arising on four different fronts. Because such suffering is not occasioned by cruelty, a new ethic for animals was required to express social concerns. Since ethics proceed from preexisting ethics rather than ex nihilo, society has looked to its ethic for humans, appropriately modified, to find moral categories applicable to animals. This concept of legally encoded rights for animals has emerged as a plausible vehicle for reform. PMID:26486217

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

    Directory of Open Access Journals (Sweden)

    Elena ANDREEVSKA

    2014-05-01

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

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

    Directory of Open Access Journals (Sweden)

    Abiodun Odusote

    2014-12-01

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

  5. Adolescents' and young adults' conceptions of civil liberties: freedom of speech and religion.

    Science.gov (United States)

    Helwig, C C

    1995-02-01

    This study examined adolescents' and young adults' conceptions of freedom of speech and religion (civil liberties). 48 adolescents and young adults in 3 grade levels (mean ages 12-8, 16-10, and 19-6) were administered a structured interview containing assessments of civil liberties in general, in straightforward (unconflicted) applications, and in conflict with other social and moral concerns, including law, physical and psychological harm, and equality of opportunity. Freedom of speech and religion were conceptualized as universal rights and applied to social events in unconflicted contexts at all ages. A diverse array of rationales, differentiated according to type of freedom, were used at all ages to ground conceptions of universal freedoms. Judgments of civil liberties in conflicts exhibited several sources of variation, including developmental differences, situational or contextual variation determined by the particular types of issues in conflict, and individual differences. Results are consistent with the proposition that judgments of civil liberties reflect age-related patterns of coordination of delimited social and moral concepts rather than general orientations.

  6. Homo-afetividade e direitos humanos Homoaffectivity and human rights

    Directory of Open Access Journals (Sweden)

    Luis Mott

    2006-09-01

    Full Text Available A união civil entre pessoas do mesmo sexo é analisada neste ensaio discutindo-se as raízes do preconceito anti-homossexual e a luta pela cidadania de Gays, Lésbicas e Transgêneros no Brasil, elencando-se as diferentes manifestações da homofobia em nosso meio social. Desconstruímos, a seguir, as opiniões contrárias ao casamento homossexual, argumentando com evidências etho-históricas a justeza de se estender direitos iguais aos casais do mesmo sexo, inclusive o reconhecimento legal da união civil.The civil union between persons of the same sex is analyzed in this essay through the discussion of the roots of the anti-homosexual prejudice and the fight for the citizenship of gays, lesbians and transgenders in Brazil, and through listing the different manifestations of homofobia in our social environment. We deconstruct the contrary opinions against the homosexual marriage, justifying with etho-historical evidences the extending of equal rights to the couples of the same sex, including the legal recognition of the civil union.

  7. A CRITIQUE OF THE KEY LEGISLATIVE FRAMEWORK GUIDING CIVIL LIBERTIES IN ZIMBABWE

    Directory of Open Access Journals (Sweden)

    Dr Jephias Mapuva

    2012-11-01

    Full Text Available The dynamic and controversial nature of Zimbabwean politics has manifested itself through several undemocratic practices, including restrictive legislation which sought to diminish participatory spaces and/or curtail civil liberties. Corruption, gross human rights violations and arbitrary decision-making processes have created a rift between citizens and the state. This has further created space for the establishment of pro-democracy civil society movements which have sought to mobilise citizens towards the restoration of democracy. The desire to cling to power by the ruling elites has seen the enactment of restrictive legislation that seeks to curtail and impinge on civil liberties and restrict the political landscape in favour of the ruling elites. Key legislative framework presented in this paper is within the areas of media and access to information, individual rights and freedoms, as well as legislation pertaining to the conduct of elections. In some cases, colonial legislation that politicians claimed to have repealed was reincarnated, as the post-colonial dispensation asserted its authority over its defenceless people.

  8. [Legal aspects of medical expert testimony and non-economic damage in civil liability of physician].

    Science.gov (United States)

    Pauković, Hrvoje

    2008-01-01

    In the establishment of civil liability of physicians for damage caused, it is extremely important to establish all relevant facts for the court to render the appropriate verdict. One of the crucial instruments in the establishment of a presumed civil liability of physicians as well as in the establishment of the criteria for the assessment of a proper award, is the medical expert testimony--utilised as an essential proof. The comprehension of medical and legal professionals' replies to questions which every profession must answer in order to provide an objective access to the claim and a right and full establishment of the factual situation, is the imperative for a correct application of the law in the handling and settling of these claims, especially in the light of the new set up of the concept of non-economic damage. The medical and legal profession shall help placing the problems of civil liability of physicians into real frameworks, preventing any attempts of unnecessary stigmatization of medical profession and cases of unjustified and unfounded indemnification, and it shall objectively and professionally, based on the law, enable a full and absolute protection of patients and third parties and their rights to physical and mental health.

  9. 浅谈民事责任竞合%On Civil Liability Concurrence

    Institute of Scientific and Technical Information of China (English)

    杨婷婷

    2011-01-01

    The civil liability concurrence is an objective legal phenomenon happened in civil law,the basic legal branch.In judicial practice,it is inevitable to appear civil liability concurrence.In the case,as a claimant,the victim should weigh all factors to find the best claim and put forward it to the people court,to protect his or her own right better and to maximize the legal right.%民事责任竞合,是发生在民法这一基本法法律部门内部的一种客观法律现象。在司法实践中,发生民事责任竞合是不可避免的。在发生民事责任竞合时,受害人作为请求权人,应当衡量对比各种因素,寻找对自己最为有利的那种请求权,向人民法院提出请求,从而使自己的权利能够得到更为周到的保护,自己的合法利益实现最大化。

  10. Is "the right stuff" the right stuff?

    Science.gov (United States)

    Post, J M

    1989-05-01

    In 1979 the author Tom Wolfe likened US astronauts to sacrificial gladiators characterized by competitiveness, independence, self-sufficiency, extroversion and a sense of moral righteousness and superiority--in short, 'the right stuff'. But are these the qualities needed for long-duration international missions? The author's hunch is that they are on the whole still necessary but not sufficient, but he emphasizes that systematic study of past behavioural reactions and analogous environments is needed if vital questions of interpersonal dynamics are to be answered correctly.

  11. Nordic visions of the Civil War

    Directory of Open Access Journals (Sweden)

    Morten HEIBERG

    2015-03-01

    Full Text Available There is a rich body of Scandinavian literature written by surviving volunteers of the International Brigades which concerns the Spanish Civil War. However, when it comes to scientific studies the situation is an altogether different one. Only a small number of academic studies can be found available, often limited in scope and of modest quality. The Civil War seems to be of marginal interest to the Nordic research community, which is generally more interested in national history than in European and world history. There are, however, some exceptions to this, as this article will demonstrate. The most interesting conclusion - from an international historiographical point of view - to be drawn from a number of new studies is that the Spanish Civil War produced political and military repercussions in Scandinavia during the German occupation of Denmark and Norway from 1940-1945.

  12. Global justice and transnational civil disobedience

    Directory of Open Access Journals (Sweden)

    Temi Ogunye

    2015-06-01

    Full Text Available Almost all accounts of global justice recognise that the world, as it is, is unjust, and that something ought to be done about this. But what? In this paper, I argue that wealthy individuals have a duty grounded in the natural duty of justice to engage in civil disobedience against the currently unjust global order with the aim of pressuring for institutional reform. In particular, I argue that those who subscribe to the two main views on global justice—cosmopolitanism and statism—can agree that the conditions which give rise to the duty to engage in civil disobedience obtain in global society today. I then explain why I focus on transnational civil disobedience, argue that only the wealthy have the duty to engage in it, and give an example of how this duty has been discharged in the real world.

  13. A prova no processo civil: do código de 1973 ao novo código civil

    Directory of Open Access Journals (Sweden)

    Leonardo Greco

    1997-12-01

    Full Text Available The present article tries the questions of the right probatory more prominent and simpler. Without that we had perceived, the right probatory bathed worthy humane, many of the which of reach still inexact. The technological development is able to over the evidence of many legal relations and the own judicial process. The new Civil Code, conceived to the same epoch of the Code of 1973, tries the polemics about the nature of the norms probatories, against its rules to the from the legislation processual and ignoring completely the humane character assume by the right probatory and the impact that the technological development causes him, phenomena unknown or little prominent to the epoch from the its conception and by. The arrangements probatories should be interpreted of way it assure to broader efficacy of the fundamental guarantees of the trial, constitutionally recognized, therefore, if that will not go possible, they should be disowned by against Constitution.O presente artigo trata das questões do direito probatório mais relevantes e passíveis de uma abordagem mais simples. Sem que nós tivéssemos percebido, o direito probatório banhou-se de valores humanitários, muitos dos quais de alcance ainda impreciso. O desenvolvimento tecnológico pode desmaterializar a prova de muitas relações jurídicas e o próprio processo judicial, como vem crescentemente ocorrendo. O novo Código Civil, concebido à mesma época do Código de 1973, parece pretender ressuscitar a estéril polêmica sobre a natureza das normas probatórias, sobrepondo regras suas às da legislação processual e ignorando por completo o caráter humanitário assumido pelo direito probatório e o impacto que lhe causa o desenvolvimento tecnológico, fenômenos desconhecidos ou pouco relevantes à época da sua concepção e por ele quase totalmente ignorados. As disposições probatórias devem ser interpretadas de modo a assegurar a mais ampla eficácia das garantias

  14. Philosophical foundations of human rights

    CERN Document Server

    Liao, Matthew S

    2015-01-01

    What makes something a human right? What is the relationship between the moral foundations of human rights and human rights law? What are the difficulties of appealing to human rights? This book offers the first comprehensive survey of current thinking on the philosophical foundations of human rights. Divided into four parts, this book focusses firstly on the moral grounds of human rights, for example in our dignity, agency, interests or needs. 'Secondly, it looks at the implications that different moral perspectives on human rights bear for human rights law and politics. Thirdly, it discusses specific and topical human rights including freedom of expression and religion, security, health and more controversial rights such as a human right to subsistence. The final part discusses nuanced critical and reformative views on human rights from feminist, Kantian and relativist perspectives among others. The essays represent new and canonical research by leading scholars in the field. Each part is comprised of a set...

  15. Principles of human rights protection in foreign and home legal policy of the Russian state

    Directory of Open Access Journals (Sweden)

    Anokhin Yu.V.

    2014-12-01

    Full Text Available The principles of state protection of human rights are stated to be important. The principles of human rights policy being a system are conditional on main state goals and objectives, that is ensuring legal safety and unhindered development of an individual and society. This system is argued to be two-component and to include the principles of government mechanism’s construction and activity and general human rights principles. The principles which are not fixed in the legislation are also of great importance. The legislative fixing of principles of civil servants’ activity concerning the human rights is positively estimated by the authors, notably the priority of rights and freedoms of man and citizen; professionalism and competence of civil servants; availability of information on civil service; cooperation with public associations and citizens; security of civil servants against illegal intrusion into their activity. The facts of departure from impartial justice and disrespectful attitude of law enforcement officers to citizens are stated to be wide-spread. The authors prove the necessity to intensify the control of public authorities’ and officials’ activity, to create conditions of its full transparency for the public. The principles of state protection of human rights are ruling principles of public authority’s organization and activity, stating its essence, social function and orientation on setting high level of legal security of man and citizen, fixed in the international agreements and national legislation. It is proposed to reconsider the principles of Russia’s functioning in the sphere of protecting the rights of citizens and proprietors residing abroad.

  16. Biotechnologies and biomimetics for civil engineering

    CERN Document Server

    Labrincha, J; Diamanti, M; Yu, C-P; Lee, H

    2015-01-01

    Putting forward an innovative approach to solving current technological problems faced by human society, this book encompasses a holistic way of perceiving the potential of natural systems. Nature has developed several materials and processes which both maintain an optimal performance and are also totally biodegradable, properties which can be used in civil engineering. Delivering the latest research findings to building industry professionals and other practitioners, as well as containing information useful to the public, ‘Biotechnologies and Biomimetics for Civil Engineering’ serves as an important tool to tackle the challenges of a more sustainable construction industry and the future of buildings.

  17. La responsabilidad civil medioambiental por productos defectuosos

    OpenAIRE

    2014-01-01

    La tesis cuestiona por una parte la exhaustividad del marco regulador de la responsabilidad Civil por productos defectuosos y, por la otra, la singularidad de los daños medioambientales. Así, pretende, entre otros objetivos, contribuir en la construcción del Derecho Civil medioambiental, buscando, dentro del ámbito de protección de la legislación sobre productos defectuosos, el posible anclaje de los daños medioambientales. Gira en torno a la cuestión del régimen aplicable a supuesto...

  18. The Civil War in cyberspace today

    OpenAIRE

    Eiroa, Matilde

    2015-01-01

    The appeal of the Spanish Civil War in the online world is a phenomenon deserving of attention, as an event that took place more than 75 years ago which still arouses debate and the curiosity of many. It is surprising that the media world considers it “newsworthy” and that it has an important presence on the Internet — on blogs, websites, You Tube, and even social media platforms such as Facebook and Twitter. This article examines all mention of the Civil War in online media. We start from th...

  19. Fundamentos del seguro de responsabilidad civil

    OpenAIRE

    Nuñez del Prado Simons, Alfonso; Universidad de Lima

    2015-01-01

    Luego de una pequeña introducción en que comenta algunos problemas del Seguro Obligatorio de Accidente de Tránsito (SOAT) y de los seguros oncológicos en relación a los médicos, el autor hace una revisión de los fundamentos legales de la responsabilidad civil, especialmente la extracontractual, a partir de la legislación peruana y luego explica los alcances del seguro de responsabilidad civil general.

  20. Disfuncionalidades del servicio civil en Colombia

    Directory of Open Access Journals (Sweden)

    Carolina Isaza E.

    2014-01-01

    Full Text Available El artículo presenta las características del servicio civil colombiano y argumenta que este existe en un nivel formal, pero sufre de una brecha de implementación que ha conducido a la creación de una serie de disfuncionalidades en el sistema. Esta situación explica la discrepancia entre la imagen positiva que existe fuera del país frente a su servicio civil y la imagen que existe dentro, basada en el mal funcionamiento práctico del mismo.