WorldWideScience

Sample records for legal rights sign

  1. [Are deaf patients in Germany informed about their legal rights for a sign language interpreter?].

    Science.gov (United States)

    Höcker, J T; Letzel, S; Münster, E

    2012-12-01

    Deaf citizens are confronted with barriers in a health-care system shaped by hearing people. Therefore the German legislature provides a supply with sign language interpreters at the expense of the health insurances. The present study initially examines in how far the deaf are informed about this and use said interpreters. Traditional surveys are based on spoken and written language and therefore are unsuitable for the target audience. Because of this, a cross-sectional online study was performed using sign language videos and visually oriented answers to allow a barrier-free participation. With a multivariate analysis, factors increasing deaf people's risks not to be informed of the supply with interpreters were identified: Of 841 deaf participants, 31.4% were not informed of their rights. 41.3% have experience with an interpreter at the doctor's and report a mainly trouble-free reimbursement of costs. Young and modestly educated deaf have a higher risk of not being informed of the interpreter supply. Further information is necessary to provide equality of opportunities to deaf patients utilising medical benefits. © Georg Thieme Verlag KG Stuttgart · New York.

  2. The Legal Recognition of Sign Languages

    Science.gov (United States)

    De Meulder, Maartje

    2015-01-01

    This article provides an analytical overview of the different types of explicit legal recognition of sign languages. Five categories are distinguished: constitutional recognition, recognition by means of general language legislation, recognition by means of a sign language law or act, recognition by means of a sign language law or act including…

  3. Constitutionalising the Right Legal Representation at CCMA ...

    African Journals Online (AJOL)

    Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no absolute right to legal representation at tribunals other than courts of law, ...

  4. MAKING LEGAL SENSE OF HUMAN RIGHTS: Introduction

    African Journals Online (AJOL)

    eliasn

    Rotterdam: PhD. Thesis, Erasmus University of Rotterdam, The Netherlands, 1993. Galenkamp holds that collective rights, while they can be ascriptively made legal rights--rights by consensus—cannot be moral (and hence human) rights. Reason: collectivities do not have a moral agency that individuals have. This seems to ...

  5. THE LEGAL PROTECTION OF THE PROPERTY RIGHT

    Directory of Open Access Journals (Sweden)

    Anda CRISU-CIOCÎNTĂ

    2015-04-01

    Full Text Available The property right has been acknowledged as one of the personal fundamental rights since a very long time. It enjoys complete legal protection provided on the top of the national legislation hierarchy by constitutional norms as well as by juridical norms specific to the various legal branches where the property is present. The property right is protected consistently and by means of the criminal law, mainly by those juridical norms that incriminate the illicit behaviours which bring prejudice, as well as by the norms that regulate other criminal right institutions such as those ones which are specific to the safety measures with a patrimonial character. After examining the juridical norms that protect the property, the conclusion is that the juridical protection is awarded only if the property right has a licit character.

  6. Constitutionalising the Right Legal Representation at CCMA ...

    African Journals Online (AJOL)

    This case note aims to analyse critically the court's judgment in Law Society of the Northern Provinces v Minister of Labour and to consider its implications for dispute resolution in South Africa. It is asserted that although the right to legal representation is not absolute at labour proceedings, in light of the court's decision in ...

  7. International Legal Realities of Migrant Labour Rights

    Directory of Open Access Journals (Sweden)

    Giovanni Di Lieto

    2015-11-01

    Full Text Available This paper is concerned with the evolutionary process of the global governance of labour migration, which has led to the progressive privatisation and commodification of international labour mobility. The focus is on the effects of such change on working conditions for migrants. In particular, the analysis is concerned with legal conceptualisations of labour mobility and their repercussions on the normative process of migration governance. For people on the move, the journey almost always entails sacrifices and uncertainty. The possible costs range from the emotional cost of separation from families and friends to high monetary fees. The stakes can include the physical dangers of working in dangerous occupations, or even a risk of death, such as in the case of illegal border crossings. Nevertheless, millions of people are still attempting movement, facing these costs or risks, in order to improve their living standards and those of their families. The implications for international human rights law are striking. Thus, attention is drawn to the human rights of all migrant workers, and more specifically to the protection and development of basic labour rights in the framework of international organisations. Ultimately, the main point of this study is to evaluate to what extent the freedom to choose where to work and to do so in decent conditions is a current legal reality at both the national and international levels.

  8. [International legal framework of elderly rights protection].

    Science.gov (United States)

    Abashidze, A Kh; Malichenko, V S

    2014-01-01

    Aging of the population is one of the dominant trends in the XXI century. It is expected that by 2050, more than a quarter of the world's population (27%) will be 65 years or older. Increase of older persons' proportion in the population of most countries entails a change in the scale and structure of morbidity requiring higher costs for medical care, social security, including pensions. Ageing appears on the international agenda for more than 30 years. The Human Rights treaty bodies rank the elderly as a vulnerable group, who are more susceptible to various forms of discrimination. However, there is currently no any international legal instrument specifically dedicated to the problems of protection of the elderly at a time when their discrimination and stigmatization is a very common phenomenon.

  9. 4 CFR 83.18 - Rights of legal guardians.

    Science.gov (United States)

    2010-01-01

    ... 4 Accounts 1 2010-01-01 2010-01-01 false Rights of legal guardians. 83.18 Section 83.18 Accounts GOVERNMENT ACCOUNTABILITY OFFICE RECORDS PRIVACY PROCEDURES FOR PERSONNEL RECORDS § 83.18 Rights of legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual...

  10. A Stronger Reason for the Right to Sign Languages

    Science.gov (United States)

    Trovato, Sara

    2013-01-01

    Is the right to sign language only the right to a minority language? Holding a capability (not a disability) approach, and building on the psycholinguistic literature on sign language acquisition, I make the point that this right is of a stronger nature, since only sign languages can guarantee that each deaf child will properly develop the…

  11. [Abortion and rights. Legal thinking about abortion].

    Science.gov (United States)

    Perez Duarte, A E

    1991-01-01

    Analysis of abortion in Mexico from a juridical perspective requires recognition that Mexico as a national community participates in a double system of values. Politically it is defined as a liberal, democratic, and secular state, but culturally the Judeo-Christian ideology is dominant in all social strata. This duality complicates all juridical-penal decisions regarding abortion. Public opinion on abortion is influenced on the 1 hand by extremely conservative groups who condemn abortion as homicide, and on the other hand by groups who demand legislative reform in congruence with characteristics that define the state: an attitude of tolerance toward the different ideological-moral positions that coexist in the country. The discussion concerns the rights of women to voluntary maternity, protection of health, and to making their own decisions regarding their bodies vs. the rights of the fetus to life. The type of analysis is not objective, and conclusions depend on the ideology of the analyst. Other elements must be examined for an objective consideration of the social problem of abortion. For example, aspects related to maternal morbidity and mortality and the demographic, economic, and physical and mental health of the population would all seem to support the democratic juridical doctrine that sees the clandestine nature of abortion as the principal problem. It is also observed that the illegality of abortion does not guarantee its elimination. Desperate women will seek abortion under any circumstances. The illegality of abortion also impedes health and educational policies that would lower abortion mortality. There are various problems from a strictly juridical perspective. A correct definition of the term abortion is needed that would coincide with the medical definition. The discussion must be clearly centered on the protected juridical right and the definition of reproductive and health rights and rights to their own bodies of women. The experiences of other

  12. Perspective from Shariah on Legal and Human Rights

    Directory of Open Access Journals (Sweden)

    Yusuf Abdul Azeez

    2012-12-01

    Full Text Available The aim of this paper is to examine concepts of Legal and Human Rights from the perspective of Shariah. The discussion is divided into three components, the first of which focuses on the origins, nature and development of Legal and Human Rights law(s in the Shariah perspective. The second part discusses debates and declarations on Legal and Human Rights in modern times, while the third evaluates the role and impact of Shariah in the implementation and execution of Legal and Human Rights provisions by modern society. This is done with a view to highlight the dynamic nature of Islamic Legal and Human Rights systems that establish distinctly energetic Legal and Human Rights provisions and values for mankind.

  13. 21 CFR 21.75 - Rights of legal guardians.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 1 2010-04-01 2010-04-01 false Rights of legal guardians. 21.75 Section 21.75... Individual § 21.75 Rights of legal guardians. For the purposes of this part, the parent of any individual who is a minor or the legal guardian of any individual who has been declared to be incompetent due to...

  14. Legal Enforcement of Social Rights: Enabling Conditions and Impact Assessment

    NARCIS (Netherlands)

    S. Gloppen (Siri)

    2009-01-01

    textabstractThis article commends the concise and useful analysis of courts and the legal enforcement of economic, social and cultural rights given in Christian Courtis’ book, Courts and the Legal Enforcement of Economic, Social and Cultural Rights: Comparative Experiences of Justiciability. Yet, in

  15. Wer hat Recht? Who Has Legal Rights?

    Directory of Open Access Journals (Sweden)

    Swantje Lichtenstein

    2004-07-01

    Full Text Available Der Zusammenhang zwischen sexueller Differenz und deren juristischen Folgen wird in der Wiener Studie näher beleuchtet. Auch wenn die Zeiten der offenen Diskriminierung vorüber zu sein scheinen, die Ungleichheit vor dem Recht bleibt bestehen. Noch immer liegen die Verdienste von Frauen deutlich unter denen von Männern, immer noch wird – auch gesetzlich – der Bereich des Privaten als genuin weiblicher verstanden, die Öffentlichkeit dagegen ist männlich. Hier setzen die Fragen zur gerechten Machtverteilung an, die der Band behandelt. Die Interdependenz von gesellschaftlicher Veränderung und rechtlichem Wandel wird von Elisabeth Holzleithner anhand verschiedener Diskurse vorgeführt.The connection between sexual difference and its juridicial consequences is examined more closely in this Viennese study. Even when the times of open discrimination seem to have subsided, inequality in the legal sphere still remains. Women’s incomes are still distinctly below those of men. The private sphere is still understood—also legally—as being genuinely feminine, whereas the public sphere is considered masculine. The questions considered in the volume regarding the just distribution of power stem from these issues. The interdependence of societal change and legal transformation is presented by Elisabeth Holzleithner on the basis of various discourses.

  16. CONNECTIONS AND INTERFERENCES BETWEEN THE RIGHT TO DEFENCE AND THE RIGHT TO LEGAL ASSISTANCE

    Directory of Open Access Journals (Sweden)

    Claudia Andriţoi

    2014-11-01

    Full Text Available Between the right to defence and assistance and the civil rights a close connection has been identified. Sometimes the realisation and protection of these rights, such as the right to life, to personal dignity, to private life etc., in general are impossible without the right to defence and legal assistance. First, the right to legal assistance allows the individual to comprehend the powers conferred to him by this right. Second, the right to legal assistance allows the protection and enforcement of these personal rights. The subjects of both rights are all the persons who have the right to information about the status of their own rights and liberties and the problems impeding their achievement. The importance of informing citizens and states in all spheres, and in particular about the implementation scope of the right to legal assistance consists in the population’s comprehensive legal information.

  17. Right to life under legal and jurisprudential standards: Implications ...

    African Journals Online (AJOL)

    Life is of the essence in every human existence, and protection of this right is of global concern. The right to life enshrined in many legal instruments is as old as civilization. Although it is not an absolute right yet no one has the right to take his or another's life unlawfully. Neither law nor morality welcomes such rascality.

  18. Essence and classification of legal guarantees of creditors’ rights

    Directory of Open Access Journals (Sweden)

    Aleksandra M. Sil’chenko

    2014-01-01

    Full Text Available Objective to conduct a comprehensive study of the concept of legal guarantees of creditorsrsquo rights and to identify some features of guarantees on the basis of the presented classification. Methods general scientific deduction comparative and system analysis formal logical method and special comparative legal and structuralfunctional methods. Results basing on the evaluation of different scientistsrsquo opinions the definition of the notion laquolegal guarantees of creditorsrsquo rightsraquo is given. Four classifications of legal guarantees of creditorsrsquo rights are proposed. Scientific novelty author39s definition of the notion laquolegal guarantees of creditorsrsquo rightsraquo is given. The essence of legal guarantees in general and legal rights of creditors in particular is defined. Classifications of legal guarantees of creditorsrsquo rights are given by the content and methods of implementation of creditorsrsquo rights guarantees by forms of providing guarantees to creditors general and special guarantees by the form of termination of legal personrsquos activity. The classifications are described in detail through examples. Practical value the results of this research can be used in scientificresearch activity. Theoretical conclusions formulated in the work can be used in the process of improving of the existing legislation and practice of its application.

  19. Creation and cessation of the land ownership right - legal forms

    OpenAIRE

    Celerýn, Jakub

    2009-01-01

    I chose for my diploma thesis the theme which is called "Creation and cessation of the land ownership right - legal forms". The aim of the work is to give complex and complete description of basic legal forms of acquiring ownership right to land. The presented work is divided into ten chapters. The first part (second chapter) of the diploma thesis determines the concepts of "ownership", "real estate", "land", "plot" etc. According to Czech law concept of "real estate" means mainly under groun...

  20. Mental Health Nursing, Mechanical Restraint Measures and Patients’ Legal Rights

    DEFF Research Database (Denmark)

    Birkeland, Søren; Gildberg, Frederik Alkier

    2016-01-01

    a serious collision with patient autonomy principles, pose a particular challenge to psychiatric patients’ legal rights, and put intensified demands on health professional performance. Legal rights principles require rationale for coercive measure use be thoroughly considered and rigorously documented......’ rights call for taking notice of patient evaluations. Consequently, if it comes out that psychiatric staff failed to pay appropriate consideration for the patient’s mental state, perspective, and expressions, patient response deviations are to be judicially interpreted in this light potentially rendering...

  1. Legal rights and duties in the AIDS epidemic.

    Science.gov (United States)

    Dickens, B M

    1988-02-05

    This article provides an overview of some major areas of legal concern in which the AIDS epidemic is having an impact. The rights of infected individuals to testing, treatment, and confidentiality are reviewed, and emphasis is given to their claims to nondiscrimination regarding access to health care, employment, housing, education, insurance, and related interests. Infected persons' duties to contain transmission of AIDS are outlined under principles of criminal and civil law, including liability for provision of contaminated blood products. Uninfected people's general rights to protection are considered, and health professionals' and authorities' rights and duties are given more detailed attention. In conclusion, some legal developments outside the United States are reviewed.

  2. Health and Human Rights : In Search of the Legal Dimension

    NARCIS (Netherlands)

    Toebes, Brigit

    2015-01-01

    Abstract: – This paper explores the legal contours of the field of ‘health and human rights’ as a new and emerging field of human rights law. After an analysis of its conceptual foundations, it explains illustrates how health and human rights evolved from a phase of standard-setting to a field that

  3. Registered nurses with disabilities: legal rights and responsibilities.

    Science.gov (United States)

    Neal-Boylan, Leslie; Miller, Michelle D

    2015-05-01

    The purpose of this legal case review and analysis was to determine what kinds of cases involving nurses with disabilities are typically brought to attorneys, which cases tend to be successful, and how and when a nurse with a disability should pursue legal action. The review used the standard legal case analysis method to analyze legal cases that have been brought by registered nurses (RNs) with physical or sensory disabilities from 1995 to 2013. The cases span the period following the enactment of the Americans With Disabilities Act (ADA) of 1990 through the ADA Amendments Act (ADAAA) of 2008. A nurse attorney reviewed the background material to find every case involving an RN with a disability, excluding those with mental health disabilities or substance abuse issues. Case analysis was conducted using standard legal case analysis procedures. Fifty-six cases were analyzed. The cases were categorized into five types of legal claims: (a) disability discrimination (84%); (b) failure to accommodate (46%); (c) retaliation (12.5%); (d) association (3.6%); and (e) hostile work environment (7%). The cases were largely unsuccessful, particularly those brought under the ADA instead of the ADAAA. The case analysis revealed that several cases brought by RNs with disabilities using the ADA might have been successful under the ADAAA. In addition, the case analysis has provided vital information for administrators, leaders, and clinical nurses regarding when a case is appropriate for legal action. These findings from this review will help nurses recognize when they are being treated in a discriminatory way in the workplace, what their legal rights and responsibilities are, and at what point they should pursue legal action. This review has relevance to all RNs working in clinical and academic settings who may have a congenital or acquired physical or sensory disability. © 2015 Sigma Theta Tau International.

  4. Weighing the legal basis for housing rights in Zimbabwe | IDRC ...

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

    2016-12-13

    Weighing the legal basis for housing rights in Zimbabwe. December 13, 2016. Julie Stewart, Rosalie Katsande, and Olga Chisango. Zimbabwean independence ended racial segregation and colonial rule. Yet the hopes and expectations that it would radically improve living conditions for the country's black majority remain ...

  5. Rejected Manuscripts in Publishers' Archives: Legal Rights and Access

    Science.gov (United States)

    Hamburger, Susan

    2011-01-01

    This article focuses on an analysis of how various archival repositories deal with rejected manuscripts in publishers' archives as part of existing collections and as potential donations, and includes suggestions for ways to provide access while maintaining the author's legal rights. Viewpoints from the journal editor, author, archivist, and…

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

    NARCIS (Netherlands)

    Mitee, Leesi Ebenezer

    2017-01-01

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

  7. The proportionality as legal limit the right negotiating

    Directory of Open Access Journals (Sweden)

    Lucas Augusto da Silva Zolet

    2015-06-01

    Full Text Available This paper proposes a maximum of proportionality study and its maximum partial, especially of the Negotiating law perspective and in the sphere of legal limitation for proportionality in the practice of commercial freedoms. The constant use of the maximum of proportionality, as the basis of judicial decisions without proper methodological rigor, triggers a debate about the use of the Theory of Fundamental Rights as a mere rhetorical reference, including criticism of an incomplete legal basis of the principle of proportionality, which by means of judicial decisions can take on a different character or subverted that provided in the doctrine of Robert Alexy.     

  8. AIDS, travel and migration: legal and human rights aspects.

    Science.gov (United States)

    Tomasevski, K

    1991-01-01

    This article discusses the legal and human rights aspects of AIDS, travel, and migration in Africa. Restrictions upon migration and travel in the context of HIV/AIDS have directed attention on the jeopardy of free international movement and the need to uphold it. International travel and migration have been blamed for introducing HIV and restrictions imposed to prevent the import of such disease. Contemporary legal and administrative barriers to free movement of people across national borders are similar to the physical barriers imposed to prevent the spread of diseases in past centuries. However, physical barriers failed to prevent the international spread of diseases and legal and administrative barriers have been proven ineffective. Meanwhile, responses to HIV/AIDS set patterns for other health-related issues and to affect the entire legal framework of international travel and migration. Based on previous studies, data on migratory flows and numbers of travelers and migrants are scarce in Africa. Migrants represent more or less 10% of the population of sub-Saharan Africa or 35 million persons, including some 60 million refugees.

  9. Civil rights between legal provisions and political reality in Albania

    Directory of Open Access Journals (Sweden)

    Doris Koliqi Malaj

    2018-03-01

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

  10. Asserting scientific authority. Cognitive development and adolescent legal rights.

    Science.gov (United States)

    Gardner, W; Scherer, D; Tester, M

    1989-06-01

    The APA uses amicus briefs to communicate scientific knowledge to the legal system. There can be tension, however, between promoting the social good through law and the disinterested reporting of scientific data. This article examines this conflict by discussing two APA amicus briefs filed in the United States Supreme Court in cases involving adolescents' abortion rights. The Court has restricted adolescents' rights to make important life decisions in part because adolescents have been presumed to lack competence and maturity. The briefs argued that developmental theory and data confirm that adolescents and adults have equivalent decision-making capacities. The scientific arguments in the briefs, however, do not justify this assertion. Analysis of the briefs illuminates some dimensions describing the role of a scientific statement in a legal brief. These dimensions identify ways to limit scientific claims about the evidence at hand to avoid overstatement. The primary danger of overstatement is that it undermines psychology's claim to expert authority in assisting in the formation of law and the shaping of social institutions.

  11. Social Security in Light of the Theory of the Fundamental Rights: A Right of Legal Personality

    Directory of Open Access Journals (Sweden)

    Edgar Dener Rodrigues

    2015-12-01

    Full Text Available This article is a study on the theory of Fundamental Rights and the Social Security System currently existing in this country, with the objective to approach the classification of the fundamental rights in its main dimensions and characteristics, assigning Social Security among those named second dimension. This is because the pension system consists in a set of principles that imposes a duty of material rendering to the State in the face of its beneficiaries, when exposed to certain social risks, which subject the person to a situation of social vulnerability. Social Security presents itself, thus as a genuine right of legal personality, for tries to confer means of livelihood upon a human being. Along these lines it tried, from theoretical and legislative research, to identify the concepts of fundamental rights, social security and social risk, combining with its foresight in the legal system, in order to identify the appropriate legal protection that the institute of Social Security must have in light of the theory of fundamental rights.

  12. 20 CFR 401.75 - Rights of parents or legal guardians.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Rights of parents or legal guardians. 401.75... RECORDS AND INFORMATION The Privacy Act § 401.75 Rights of parents or legal guardians. For purposes of this part, a parent or guardian of any minor or the legal guardian of any individual who has been...

  13. Human right to sanitation in the legal and non-legal literature : The need for greater synergy

    NARCIS (Netherlands)

    Obani, P.; Gupta, J.

    2016-01-01

    This review paper analyzes the legal and non-legal literature on the human right to sanitation (HRS). It shows that despite applying different paradigms in framing the HRS, both literature support the following three main conclusions: (a) state and non-state actors, particularly NGOs and private

  14. Civil Rights of Foreigners in Private Legal Relations

    Directory of Open Access Journals (Sweden)

    Dukagjin Leka

    2016-03-01

    Full Text Available The movement of people, goods, money, intellectual property and ideas, nowadays is a normal phenomenon and important characteristic of the contemporary world, and certainly would be characteristic for the future, even in a greater extent, when we consider the fact that globalization today is one of the phenomena that has swept across the globe. Knowing the fact that the intensification of legal relations with a foreign element as to the type and for the content imposes various problems of law, which greatly appears repeatedly and stretches in a new form and new dimension, so today in terms of development contemporary society in general, there are no legal areas where no foreign element appears. For this reason, taking into account the development and intensification of legal relations with a foreign element, especially in the late twentieth century, with the dissolution of a significant number of countries and the creation of new states there are new situations created, which seek diverse solutions that would answer the interests of legal entities, which should be in accordance with the principles of the international community and for this reason a study of this topic will be analyzed.

  15. Historic And Legal Report On The Constitutional Right To Life

    Directory of Open Access Journals (Sweden)

    Juan I. Larrea Holguín

    2012-12-01

    Full Text Available Here are collected two reports about the possibility of decriminalizing abortion in Ecuador. Although they were issued on the basis of two bills that failed in the legislature, historical and legal arguments discharges there, take advantage for further development doctrinal matter.

  16. Right of a legal person to professional reputation and its defence

    OpenAIRE

    Masionytė, Santa

    2011-01-01

    Legal right of a legal person to its professional reputation is enshrined in 1 paragraph of Article 1.114 of the Civil Code of the Republic of Lithuania among other non-property rights and values. It is important to note that the mentioned legal measures contained in the legal system of the Republic of Lithuania and applied by the national courts must not violate the freedom of expression, protected by the European Convention on Human Rights (ECHR) and fundamental freedoms (hereinafter – the ...

  17. Civil Rights of Foreigners in Private Legal Relations

    OpenAIRE

    Dukagjin Leka

    2016-01-01

    The movement of people, goods, money, intellectual property and ideas, nowadays is a normal phenomenon and important characteristic of the contemporary world, and certainly would be characteristic for the future, even in a greater extent, when we consider the fact that globalization today is one of the phenomena that has swept across the globe. Knowing the fact that the intensification of legal relations with a foreign element as to the type and for the content imposes various problems of law...

  18. Evaluating Effects of Language Recognition on Language Rights and the Vitality of New Zealand Sign Language

    Science.gov (United States)

    McKee, Rachel Locker; Manning, Victoria

    2015-01-01

    Status planning through legislation made New Zealand Sign Language (NZSL) an official language in 2006. But this strong symbolic action did not create resources or mechanisms to further the aims of the act. In this article we discuss the extent to which legal recognition and ensuing language-planning activities by state and community have affected…

  19. Effective environmental protection by the reform of the administrative procedures and administrative legal rights

    International Nuclear Information System (INIS)

    Breuer, R.

    1978-01-01

    The 52nd German Lawyers Meeting will be concerned in its legal department with the question of whether, from the points of view of the guaranteeing of the necessary environmental protection, additional regulations in the administrative procedures and administrative legal rights should be recommended. Here one is concerned, above all, with the problem of whether an administrative legal associations sueing or associations participation in administrative legal procedures is desirable in the interests of environmental protection. A negative answer must be given to this question. Discussion should concentrate on the problematical administrative legal interests, on the strengthening of administrative participation of popular opinion or interests in legal processes, on other improvements in administrative processes and on the legal control by Parliament of environmental protection. (orig.) [de

  20. Examining the ethico-legal aspects of the right to refuse treatment in Turkey.

    Science.gov (United States)

    Sert, Gurkan; Guven, Tolga

    2013-10-01

    This paper examines the ethico-legal problems regarding the right to refuse treatment in Turkey's healthcare system. We discuss these problems in the light of a recent case that was directly reported to us. We first summarise the experience of a chronically dependent patient (as recounted by her daughter) and her family during their efforts to refuse treatment and receive palliative care only. This is followed by a summary of the legal framework governing the limits of the right to refuse treatment in Turkey. With the help of this background information on the legal framework, we re-examine the ethico-legal aspects of the case and explain the underlying reasons for the problems the family and the patient experienced. Finally, we conclude that Turkey's legal framework relating to the right to refuse treatment needs to be clarified and amended in accordance with international conventions and fundamental human rights.

  1. The Legal Rights of Students with Disabilities: International Perspectives

    Science.gov (United States)

    Russo, Charles J., Ed.

    2011-01-01

    Since 1948 when the United Nations adopted the Universal Declaration of Human Rights, all students have been declared the right to education. The rights of disabled students have not been explicitly addressed, however, and each country has developed their own rules and regulations. Although similarities exist among the different countries,…

  2. Environmentalism and Human Rights Legal Framework: The Continued Frontier of Indigenous Resistance

    OpenAIRE

    Thompson, Geneva E. B.

    2017-01-01

    Indigenous nations need to build a strategic resistance to disman­tle the legal status quo and assert their inherent sovereignty and human legal rights to destroy the settler colonial project of climate change. This type of resistance needs to be internalized within the Indigenous nation and actively asserted throughout local, state, national, and international legal systems. This article takes a two-step approach: first, it argues that Native nations must internalize resistance to the settle...

  3. Prisoners' rights under the Nigerian law: legal pathways to ...

    African Journals Online (AJOL)

    Some rights are denied the prisoners by the prison administrators and, by extension, the State by lack of will to promote enabling environment and treatment to the prisoners. It is against this backdrop that this article appraises prisoners' rights that are to be respected, protected and fulfilled under the law, at national, regional ...

  4. Search and Seizure: Right to Privacy. A Legal Memorandum.

    Science.gov (United States)

    National Association of Secondary School Principals, Reston, VA.

    Although the law generally allows administrators to search lockers, this should not be viewed as a carte blanche right. Students do have some ownership rights, particularly with regard to other students. School officials are charged by the state with operating the schools and safeguarding the health, welfare, and safety of students and school…

  5. Legal response to human rights challenges of multinational ...

    African Journals Online (AJOL)

    Hence, the subject matter of business and human rights is a trending issue at the international level. This paper discusses the problems posed by the private sector, specifically the multinationals, and how they violate human rights in Nigeria vis-a-vis the response by the government. The paper finds that the response is poor ...

  6. Dementia and Legal Competency

    OpenAIRE

    Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-01-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...

  7. The legal status of evidence obtained through human rights ...

    African Journals Online (AJOL)

    The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. It is only the Prohibition and Prevention of Torture Act of 2012 that renders evidence obtained through torture and ...

  8. Legal Policy Of Peoples Rights In Around Mining Corporate Post-Mining Activities

    OpenAIRE

    Teng Berlianty; Abrar Saleng; Irwansyah; Suriyaman Mustari Pide

    2015-01-01

    This study aims to gain an understanding of the essence of the rights of communities around post-mining corporate responsibility towards the fulfillment of the rights of communities around post-mining as well as government policies to protect the sustainability of the post-mining communities around the mining business. This type of research is a normative legal research methods using primary legal materials secondary and tertiary. With the approach of sociolegal through down the field in Gebe...

  9. Prospects for Reforming the Organizational and Legal Mechanism for Ensuring Human and Civil Rights and Freedoms

    Directory of Open Access Journals (Sweden)

    Myroslav Kovaliv

    2017-10-01

    Full Text Available The purpose of the article is analyzing the prospect of reforming the organizational and legal mechanism for ensuring the rights and freedoms of individuals and citizens of Ukraine from the systemic approach. Based on the methodology of system analysis, the prospects of reforming the organizational and legal mechanism for ensuring the rights and freedoms of men and citizens of Ukraine in the context of association with the European Union are considered. The key factors that influence the effectiveness of the submitted organizational and legal mechanism are analyzed. The measures aimed at the improvement of normative-legal regulation, which shall promote the maintenance of constitutional rights and freedoms in the conditions of reforming all spheres of society's life, are presented.

  10. The Fundamental Human Right to Education for Refugees: Some Legal Remarks

    Science.gov (United States)

    Willems, Kurt; Vernimmen, Jonas

    2018-01-01

    The aim of this article is to describe the human rights obligations a State bears in educational matters with concerns to the current influx of refugees. The right to education is a fundamental human right guaranteed by many international treaties. As a result, the impression may arise that everyone, not only legal citizens but also all those…

  11. realizing the right to development in nigeria: an examination of legal ...

    African Journals Online (AJOL)

    RAYAN_

    The United Nations General Assembly has, through several. Conventions, emphasized the need ... 7 O.C. Okafor, “Righting the Right to Development: A Socio-Legal Analysis of. Article 22 of the African Charter on .... rights law, promotion of sexuality and reproductive health education and development of rural infrastructure.

  12. Abortion Rights Legal Mobilization in the Peruvian Media, 1990–2015

    Science.gov (United States)

    Gianella, Camila

    2017-01-01

    Abstract State and non-state actors engaged in disputes to expand and limit abortion rights have engaged in legal mobilization—in other words, strategies using rights and law as a central tool for advancing contested political goals. Peru, like other Latin American countries, has experienced an increase in abortion rights legal mobilization in recent years, including litigation before national and international courts. This paper centers on societal legal mobilization, or the legal mobilization that occurs outside the legislative and judicial branches and that includes strategies promoted by the executive branch, political actors, and non-partisan organizations and individuals. It presents an analysis of op-ed articles published in two national newspapers, El Comercio and La República, between 1990 and 2015. The paper argues that the media is also an arena where legal mobilization takes place and is not just a space influenced by legal mobilization. Rather, the media’s agenda operates independently of legal mobilization in the legislature and the courts, and it determines whether certain issues receive coverage and the way these issues are framed. PMID:28630547

  13. Legal Pathways to the Recognition of Sign Languages: A Comparison of the Catalan and Spanish Sign Language Acts

    Science.gov (United States)

    Quer, Josep

    2012-01-01

    Despite being minority languages like many others, sign languages have traditionally remained absent from the agendas of policy makers and language planning and policies. In the past two decades, though, this situation has started to change at different paces and to different degrees in several countries. In this article, the author describes the…

  14. Response to "The Shaky Legal Foundations of the Global Human Rights Education Project"

    Science.gov (United States)

    Tibbitts, Felisa

    2015-01-01

    This article is a response to "The Shaky Legal Foundations of the Global Human Rights Education Project," an article written by Barend Vlaardingerbroek, in which Vlaardingerbroek characterizes current practices of human rights education (HRE) as having an overriding agenda of activism, one that can draw on an ideologically-driven…

  15. INTERNATIONAL LEGAL LAWS FOR THE PROTECTION AND REALIZATION OF RIGHTS OF PERSONS WITH MENTAL DISORDERS

    Directory of Open Access Journals (Sweden)

    Sedžad Milanović

    2011-12-01

    Full Text Available The legal regulation of the persons with mental disabilities their support primarily finds in international legal acts of which provisions each state by their free determination incorporate into their regulations and coordinate them with the national legal norms. The persons with the mental disabilities are the persons with some degree of mental retardation who in greater or lesser extent are not able to independently take care of the realization and protection of their rights. Bosnia and Herzegovina, though it is a signatory of a great number of the international legal acts for the protection of the persons with mental disabilities, contrary to the international modern standards, has a very few institutes in which are placed in the aforementioned persons, in order to be treated, rehabilitated and engaged in the social life.

  16. Legal Provisions, Discrimination and Uncertainty on LGBT community in Albania. Laws on human rights vs exerted rights of LGBT persons

    Directory of Open Access Journals (Sweden)

    Urjana Curi

    2018-03-01

    On March 13, 2010, the Anti-Discrimination Law, one of the essential legal instruments that protects human rights in Albania, and also includes the prohibition of discrimination on the basis of sexual orientation, came into force. Albania has already the Commissioner for Protection from Discrimination. Two LGBT organizations have already been established in Albania: the Alliance against Discrimination LGBT and LGBT Pro Albania. They aim to protect the rights of sexual minorities in Albania and promote a national movement of social mobilization to protect and promote the rights of this community in Albania

  17. Time integrated ratio of wrong-sign to right-sign $D^0 \\rightarrow K\\pi$ decays in 2010 data at LHCb

    CERN Document Server

    The LHCb Collaboration

    2011-01-01

    First results of the measurement on wrong-sign $D^0 \\rightarrow K^{+} \\pi^{-}$ decays based on the 2010 dataset taken with the LHCb detector are presented. The ratio of wrong-sign to right-sign ($D^0 \\rightarrow K^{-} \\pi^{+}$) $D^0$ decays corrected for the decay time acceptance is determined to be $R_{{\\rm corr}}=(0.409 \\pm 0.031 ({\\rm stat.}) \\pm 0.039 ({\\rm sys.})) \\% $. This analysis is the first step towards a measurement of the time-dependent wrong-sign to right-sign ratio from which the $D^0$ mixing parameters can be extracted.

  18. LHCb: Wrong-Sign to Right-Sign Yield in Flavor Tagged $D^0 \\to K\\pi$ Data at LHCb

    CERN Document Server

    Bessner, M

    2011-01-01

    Initial results on wrong-sign $D^0 \\rightarrow K^+ \\pi^-$ decays based on the 2010 dataset are presented: the selection criteria, the yield, the time-integrated ratio of wrong-sign to right-sign ($D^0 \\rightarrow K^- \\pi^+$) decays, and a decay time acceptance corrected ratio. The corrected ratio is measured to be $R_{acc \\, cor} = (0.409 \\pm 0.031 (stat.) \\pm 0.039 (sys.)) \\%$. This analysis is the first step towards the measurement of the time-dependent wrong-sign/right-sign ratio from which $D^0$ mixing parameters may be extracted.

  19. Under the (legal radar screen: global health initiatives and international human rights obligations

    Directory of Open Access Journals (Sweden)

    Hammonds Rachel

    2012-11-01

    Full Text Available Abstract Background Given that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help fulfil the right to health beyond borders. Methods The authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens. Results Through according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all. Conclusions In many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers

  20. Under the (legal) radar screen: global health initiatives and international human rights obligations

    Science.gov (United States)

    2012-01-01

    Background Given that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations) is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund) have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help) fulfil the right to health beyond borders. Methods The authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens. Results Through according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all. Conclusions In many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers lessons to build on. PMID

  1. Under the (legal) radar screen: global health initiatives and international human rights obligations.

    Science.gov (United States)

    Hammonds, Rachel; Ooms, Gorik; Vandenhole, Wouter

    2012-11-15

    Given that many low income countries are heavily reliant on external assistance to fund their health sectors the acceptance of obligations of international assistance and cooperation with regard to the right to health (global health obligations) is insufficiently understood and studied by international health and human rights scholars. Over the past decade Global Health Initiatives, like the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund) have adopted novel approaches to engaging with stakeholders in high and low income countries. This article explores how this experience impacted on acceptance of the international obligation to (help) fulfil the right to health beyond borders. The authors conducted an extensive review of international human rights law literature, transnational legal process literature, global public health literature and grey literature pertaining to Global Health Initiatives. To complement this desk work and deepen their understanding of how and why different legal norms evolve the authors conducted 19 in-depth key informant interviews with actors engaged with three stakeholders; the European Union, the United States and Belgium. The authors then analysed the interviews through a transnational legal process lens. Through according value to the process of examining how and why different legal norms evolve transnational legal process offers us a tool for engaging with the dynamism of developments in global health suggesting that operationalising global health obligations could advance the right to health for all. In many low-income countries the health sector is heavily dependent on external assistance to fulfil the right to health of people thus it is vital that policies and tools for delivering reliable, long-term assistance are developed so that the right to health for all becomes more than a dream. Our research suggests that the Global Fund experience offers lessons to build on.

  2. Documentation: International Legal Human Rights Framework -- Human Rights and the Institutionalisation of ASEAN: An Ambiguous Relationship

    Directory of Open Access Journals (Sweden)

    Theodor Rathgeber

    2014-01-01

    Full Text Available While the ASEAN Charter of 2007 heralded an era of improved democracy, human rights protection and good governance in accordance with the rule of law, the reality on the ground tells a different story. While all of the trappings of a human rights mechanism are in place, the normative and protective capacity of the regime is ambiguous at best. The adoption of core international human rights treaties by ASEAN member states presents an ambiguous picture, one which reveals significant variations between the ten countries. The purported institutionalisation of international human rights standards since 2007 in the region via the creation of an ASEAN human rights mechanism in that year is betrayed by the poor condition of actual protection of human rights at the national and regional level. The article analyses the situation on the ground in light of the normative obligations and aspirations of the states.

  3. Seeking a stable future: perspectives on population policy. The legal approach: women's rights as human rights.

    Science.gov (United States)

    Pine, R N

    1994-01-01

    As it has grappled with issues of population policy, the international community has emphasized that women's reproductive rights are human rights. Scholars have also acknowledged that the right to reproductive health care exists within the scope of international human rights treaties and conventions and that gender equality, nondiscrimination, and freedom from government interference in marriage and family life are also guaranteed. Further protections extend to counseling and health information and referral. The Programme of Action of the 1994 International Conference on Population and Development continues this trend by emphasizing the importance of human rights for attaining population and development objectives, calling on governments to focus their efforts on improving the quality of life for individuals, and endorsing the notion that reproductive rights are universal human rights. Reproductive health care options are also influenced by sovereign laws that restrict availability of contraception, sterilization, or abortion. However, universal rights and unrestricted access must be complemented by other factors controlled by domestic laws to guarantee reproductive choice. Such laws cover issues like marriage age, divorce, marital property, child support, maternity benefits, day care, sex discrimination, eligibility for insurance, confidentiality, spousal consent, rape, and sexual abuse. Countries must modify restrictive national laws and promote laws protecting women's rights.

  4. Environmental justice and the rights of indigenous peoples: international and domestic legal perspectives

    National Research Council Canada - National Science Library

    Westra, Laura

    2008-01-01

    ... Peoples: Some Recent ATCA Jurisprudence First Nations of Canada and the Legal and Illegal Attacks on their Existence 71 103 125 PART III - JUSTIFYING GENOCIDE: PRINCIPLES AND REALITY 7 8 Genocide and Eco-crime: The Interface Aboriginal Rights in Domestic and International Law, and the Special Case of Arctic Peoples 163 187 PART...

  5. Legal pluralism in the area of human rights: water and sanitation

    NARCIS (Netherlands)

    Obani, P.; Gupta, J.

    2014-01-01

    Access to clean drinking water and adequate sanitation and hygiene facilities is crucial to achieving social and environmental sustainability. We examine the global human water and sanitation right from a legal pluralism perspective to see if it is indifferent to, competes with, accommodates, or is

  6. CONCEPTUALIZING AUTHORITY OF THE LEGALIZATION OF INDONESIAN WOMEN’S RIGHTS IN ISLAMIC FAMILY LAW

    Directory of Open Access Journals (Sweden)

    Abu Rokhmad

    2017-12-01

    Full Text Available Various studies on Islamic family law (IFL in Indonesia demonstrate an enduring paradigm of patriarchal culture both in ideas and practical applications. This is a logical consequence of the attempts to enact the traditional Islamic doctrines in modern law. The domination of this culture in the IFL, that has resulted in the discrimination against women in Indonesia, has reached the alarming level calling for revision. The reform attempts also are needed in other other derivative legal products, such as local sharia regulation. All these efforts are needed in order to ensure justice and equal rights of children and women. This paper attempts to conceptualize a construction of patriarchal authority in legalizing the rights, role, and status of gender in Indonesia. The finding reveals that reconstruction of authority in the modern legislation of Islamic Family Law should be started with ensuring the equal rights of women both in the legal and judicial aspects. This requires involving women in an appropriate proportion within the making of public policy, family law legislation. Another needed strategy is advocacy of women's rights in order to avoid legal gender bias due to the political and legislative authorities dominated by male group.

  7. Legal Pluralism and Human Rights in the Idea of Climate Justice

    OpenAIRE

    Fisher, Aled Dilwyn

    2015-01-01

    State-centric law appears ill equipped to meet human rights’ emancipatory promise in an increasingly pluralistic, unequal world facing climate change. ‘Climate justice’ has become a counterpoint to hegemonic statist, neoliberal climate approaches. However, few studies address the confluence of competing norms (including rights), power relations and multiple actors in shaping, contesting and reinterpreting climate justice in specific contexts, despite burgeoning human rights and legal pluralis...

  8. 27 CFR 73.33 - Am I legally bound by a form I sign electronically?

    Science.gov (United States)

    2010-04-01

    ... TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE TREASURY (CONTINUED) PROCEDURES AND PRACTICES ELECTRONIC SIGNATURES; ELECTRONIC SUBMISSION OF FORMS Electronic Filing of Documents with TTB § 73.33 Am I legally bound... paper document submitted to satisfy the same reporting requirement. Persons using electronic signatures...

  9. The Legal Framework Of Human Rights Crime As An Extraordinary Crime

    Directory of Open Access Journals (Sweden)

    Dedy Siswadi

    2015-08-01

    Full Text Available Abstract This research reviews the legal framework of human rights crime as an extraordinary crime as an approach in the settlement of criminal cases. The outcomes of the research indicate that modern human rights law developed out of customs and theories that established the rights of the individual in relation to the state. Disagreements regarding human rights violations which can only be done by the state and its agents or can also be done by non-government units still exist at the moment. As it turns out in practice however it has certain weaknesses particularly in legislation concerning serious crimes of human rights both as ius constituendum and ius constitutum still needs to be improved especially in the implementation of human rights on judiciary system. Therefore serious crimes against human rights are included as an extraordinary crime. The handling of the cases was incredible and special has become a logical consequence to be included as an extraordinary crime.

  10. Legal Policy Of Peoples Rights In Around Mining Corporate Post-Mining Activities

    Directory of Open Access Journals (Sweden)

    Teng Berlianty

    2015-08-01

    Full Text Available This study aims to gain an understanding of the essence of the rights of communities around post-mining corporate responsibility towards the fulfillment of the rights of communities around post-mining as well as government policies to protect the sustainability of the post-mining communities around the mining business. This type of research is a normative legal research methods using primary legal materials secondary and tertiary. With the approach of sociolegal through down the field in Gebe to get data concrete. Data were analyzed with qualitative analysis. The results showed that the essence of the rights of communities around mining operations after the mine in the form of the right to a decent life welfare the right to social security in the form of employment the guarantee of free education and healthcare for the local population as well as the right to a good environment and healthy as a guarantee of the continuity of human existence and future generations. These rights have not been fully realized post-mining. Corporate responsibility in accordance with Article 74 of Law No. 40 of 2007 on the fulfillment of the rights of communities around mining operations after the mine in the form of welfare responsibilities clothing food and shelter especially electricity and water have not been met then the social responsibility to empower communities around the mine as stakeholders as well as environmental responsibility. Legal policy such as the empowerment of communities around the mine in order to be self-sufficient after the post-mining public service policies in education and health as a form of existence of government using existing programs nationally and subordinate to the PT. Antam. as well as environmental protection policies in the form of post-mining reclamation formulated in the companys liabilities.

  11. The importance of industrial property rights, legal monopolies for fair competition; La importancia de los derechos de propiedad industrial. Monopolios legales para una competneica leal

    Energy Technology Data Exchange (ETDEWEB)

    Hernandez Rodriguez, J. A.

    2011-07-01

    Industrial property rights are an exception, perhaps the main, for freedom competition and entrepreneurial freedom. Those rights give the holder an exclusive right, and the existence of these legal monopolies is essential for the development of fair competition. Industrial property rights are national and, therefore, to obtain registration and exclusive rights in several countries, they must register on each of them. However, in recent years are emerging industrial property rights with impact on a number of countries (Community marks and designs). (Author)

  12. THE RIGHT TO FORM AND TO JOIN TRADE UNIONS AS DEFINED IN INTERNATIONAL LEGAL INSTRUMENTS

    Directory of Open Access Journals (Sweden)

    Andon Majhoshev

    2017-07-01

    Full Text Available The right of workers to form and to join trade unions is one of the most important international labour standards. This means that employees, no matter where they are employed (public or private sector, have the right to form their own organizations (unions. Apart from the employees, employers also have the right to form and join in employers’ associations. The right of employees and employers to organize is based on the following principles: voluntariness, autonomy and democracy. The general objective of the formation of unions and employers’ associations is to protect the rights and interests of members of the union and the employers’ association, as well as their promotion in an organized manner. The provision and guarantee of union and workers' rights are guaranteed by a number of international and regional legal instruments (conventions, recommendations, regulations, such as ILO, UN, Council of Europe and the European Union, which will be analysed further in this paper. The main objective arising from these documents is to improve the position of workers and their protection. Within the paper, we will also analyse the most important legal acts of the Republic of Macedonia concerning the right to join unions. By analysing the content of the national labour legislation, we will determine the extent to which the international labour law is being implemented. Moreover, the paper will analyse the basic principles underlying union organization and association.

  13. Supported Decision-Making from Theory to Practice: Implementing the Right to Enjoy Legal Capacity

    Directory of Open Access Journals (Sweden)

    Rosie Harding

    2018-04-01

    Full Text Available The right to equal recognition before the law, protected by Article 12 of the United Nations (UN Convention on the Rights of Persons with Disabilities (CRPD, mandates the use of supported decision-making practices to enable disabled people, particularly those with intellectual and/or psychosocial disabilities, to enjoy their legal capacity. Finding ways to translate this theoretical mandate into practice poses a number of particularly challenging socio-legal issues, which this research seeks to address. The English Mental Capacity Act 2005 (MCA sets out a right to support with decision-making (s.1(3, underpinned by a presumption of capacity (s.1(2. Qualitative interviews with intellectually disabled people, their supporters, and care and support professionals were undertaken to explore how disabled people make decisions in their everyday lives, the kinds of support they need, and the strategies for supported decision-making used in practice. Analysis of these interviews suggests that a range of supported decision-making techniques have been developed in practice and are effective in supporting everyday preferences and some life choices. Paradoxically, it appears that as decisions become more complex, the support available to disabled people reduces. Specifically, much less support is available for more difficult decisions around finances, healthcare and legal matters. We argue that the reasons for this are due to a web of regulatory, social and policy issues. We conclude that implementing the right to enjoy legal capacity through supported decision-making will require a combination of regulatory reform, social change and policy amendment.

  14. Measuring the way forward in Haiti: grounding disaster relief in the legal framework of human rights.

    Science.gov (United States)

    Klasing, Amanda M; Moses, P Scott; Satterthwaite, Margaret L

    2011-07-14

    This article provides results from an online survey of humanitarian workers and volunteers that was conducted in May and June 2010. The purpose of the survey was to understand how the humanitarian aid system adopts or incorporates human rights into its post-natural disaster work and metrics. Data collected from Haiti suggest that humanitarians have embraced a rights-based approach but that they do not agree about how this is defined or about what standards and indicators can be considered rights-based. This disagreement may reveal that humanitarians are aware of a mismatch between the rights-based approach to post-disaster humanitarian work and the legal framework of human rights. Using participation and accountability as examples, this article identifies and examines this mismatch and suggests that the humanitarian aid system should more fully embrace engagement with the human rights framework. To do so, the article concludes, humanitarian actors and the human rights community should have an open dialogue about the development of metrics that accurately reflect and monitor adherence to the legal framework of human rights. This would allow the humanitarian aid system to ensure its interventions enhance the capacity of the disaster-affected state to fulfill its human rights obligations, and would allow humanitarian and human rights actors alike to measure the impact of such interventions on the realization of human rights in post-natural disaster settings. Copyright © 2011 Klasing, Moses, and Satterthwaite. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

  15. [Aspects of the legal concession and its procedures concerning the commitment of juveniles to safe custody institutions in youth welfare care according to German (section sign) 1631 b BGB -- an Inquiry into 101 cases of adolescent psychiatric expertise].

    Science.gov (United States)

    Rüth, U; Wentzel, A; Freisleder, F J

    2004-11-01

    Legal procedures concerning the legal concession of juveniles to safe custody care in youth welfare according to German section sign 1631 b BGB were to be examined. 101 cases of adolescent psychiatric expertise were retrospectively examined. Legal procedures were unsatisfactory. A guardian ("Verfahrenspfleger" according to German law) was usually not named (79.2 %), especially not in cases of juveniles under 14 years of age (94 %) who cannot take part in the procedure on their own right, and not in cases of foreigners (89 %). In a number of cases the adolescence psychiatrist did not agree with statement of the youth welfare office regarding the juvenile confinement. In cases where the expert's counsel was a "process diagnosis" evaluating the juvenile's concrete ability to cooperate and to accept alternative forms of placement, closed commitment could be reduced significantly. Experts did not precisely term of commitment in a number of cases (15.9 %). Legal procedures concerning the legal commitment of juveniles to safe custody care in youth welfare institutions are partly unsatisfactory, especially according to the juvenile's rights regarding the legal procedure and the ways, how these rights are safeguarded.

  16. The Content Of Legal Relationship On The Implementation Of Human Rights And Citizen Protection By The Bodies Of Judicial Authority

    Directory of Open Access Journals (Sweden)

    Badma V. Sangadzhiev

    2015-01-01

    Full Text Available In the present article authors consider concepts of human rights, analyze content of legal relationship on the implementation of actions for protection of human rights and citizen by bodies of judicial authority

  17. The Usefulness of the Legal Concept of Human Dignity in the Human Rights Discourse: Literature Review

    Directory of Open Access Journals (Sweden)

    Borja Fernandez Burgueño

    2016-04-01

    Full Text Available This paper will evaluate the convenience of using the legal concept of human dignity in the human rights discourse and its effectiveness to address injustice in a twenty-first century democratic society. This article will argue that the difficulty of defining human dignity does not diminish its merits and allows it to be both solid and adaptable to new challenges. Then, this paper will argue that human dignity is a powerful concept due to its capacity to bring change and modernise society and will conclude that there is a strong relationship between time, human dignity, human rights and democracy.

  18. LEGAL PERSON (PERSONA FICTA AS A HOLDER OF THE HUMAN RIGHT TO PRIVACY – IN SLOVENIA AND IN SOME COMPARATIVE LEGAL SYSTEMS

    Directory of Open Access Journals (Sweden)

    Boštjan Tratar

    2017-07-01

    Full Text Available The right to privacy – representing a delimited sphere and/or space that is not public and where individuals can, without external influences, freely realize their right to form their personality – is one of the most important human rights guaranteed by democratic constitutions to individuals, i.e. natural persons who are, in principle, fundamental holders of human rights. However, at the constitutional level the question arises as to what extent human rights can be extended to legal persons, these being artificial forms created by legal order, in general (the theory of piercing the corporate veil is mentioned in this regard, and as regards the right to privacy in particular. In the article the author presents the case-law of some states on whether or not legal persons are recognized as holders of human rights to privacy and, if so, to what extent, with a special view to the decision of the Slovene Constitutional Court (decision No U-I-40/12, which, along the lines of foreign legal systems, recognizes legal persons’ privacy of communication and privacy of space, although less intensely as individuals’.

  19. Debate: Limitations on universality: the "right to health" and the necessity of legal nationality

    Science.gov (United States)

    2010-01-01

    Background The "right to health," including access to basic healthcare, has been recognized as a universal human right through a number of international agreements. Attempts to protect this ideal, however, have relied on states as the guarantor of rights and have subsequently ignored stateless individuals, or those lacking legal nationality in any nation-state. While a legal nationality alone is not sufficient to guarantee that a right to healthcare is accessible, an absence of any legal nationality is almost certainly an obstacle in most cases. There are millions of so-called stateless individuals around the globe who are, in effect, denied medical citizenship in their countries of residence. A central motivating factor for this essay is the fact that statelessness as a concept is largely absent from the medical literature. The goal for this discussion, therefore, is primarily to illustrate the need for further monitoring of health access issues by the medical community, and for a great deal more research into the effects of statelessness upon access to healthcare. This is important both as a theoretical issue, in light of the recognition by many of healthcare as a universal right, as well as an empirical fact that requires further exploration and amelioration. Discussion Most discussions of the human right to health assume that every human being has legal nationality, but in reality there are at least 11 to 12 million stateless individuals worldwide who are often unable to access basic healthcare. The examples of the Roma in Europe, the hill tribes of Thailand, and many Palestinians in Israel highlight the negative health impacts associated with statelessness. Summary Stateless individuals often face an inability to access the most basic healthcare, much less the "highest attainable standard of health" outlined by international agreements. Rather than presuming nationality, statelessness must be recognized by the medical community. Additionally, it is imperative

  20. Debate: Limitations on universality: the "right to health" and the necessity of legal nationality

    Directory of Open Access Journals (Sweden)

    Morley Christopher P

    2010-06-01

    Full Text Available Abstract Background The "right to health," including access to basic healthcare, has been recognized as a universal human right through a number of international agreements. Attempts to protect this ideal, however, have relied on states as the guarantor of rights and have subsequently ignored stateless individuals, or those lacking legal nationality in any nation-state. While a legal nationality alone is not sufficient to guarantee that a right to healthcare is accessible, an absence of any legal nationality is almost certainly an obstacle in most cases. There are millions of so-called stateless individuals around the globe who are, in effect, denied medical citizenship in their countries of residence. A central motivating factor for this essay is the fact that statelessness as a concept is largely absent from the medical literature. The goal for this discussion, therefore, is primarily to illustrate the need for further monitoring of health access issues by the medical community, and for a great deal more research into the effects of statelessness upon access to healthcare. This is important both as a theoretical issue, in light of the recognition by many of healthcare as a universal right, as well as an empirical fact that requires further exploration and amelioration. Discussion Most discussions of the human right to health assume that every human being has legal nationality, but in reality there are at least 11 to 12 million stateless individuals worldwide who are often unable to access basic healthcare. The examples of the Roma in Europe, the hill tribes of Thailand, and many Palestinians in Israel highlight the negative health impacts associated with statelessness. Summary Stateless individuals often face an inability to access the most basic healthcare, much less the "highest attainable standard of health" outlined by international agreements. Rather than presuming nationality, statelessness must be recognized by the medical community

  1. Debate: Limitations on universality: the "right to health" and the necessity of legal nationality.

    Science.gov (United States)

    Kingston, Lindsey N; Cohen, Elizabeth F; Morley, Christopher P

    2010-06-04

    The "right to health," including access to basic healthcare, has been recognized as a universal human right through a number of international agreements. Attempts to protect this ideal, however, have relied on states as the guarantor of rights and have subsequently ignored stateless individuals, or those lacking legal nationality in any nation-state. While a legal nationality alone is not sufficient to guarantee that a right to healthcare is accessible, an absence of any legal nationality is almost certainly an obstacle in most cases. There are millions of so-called stateless individuals around the globe who are, in effect, denied medical citizenship in their countries of residence. A central motivating factor for this essay is the fact that statelessness as a concept is largely absent from the medical literature. The goal for this discussion, therefore, is primarily to illustrate the need for further monitoring of health access issues by the medical community, and for a great deal more research into the effects of statelessness upon access to healthcare. This is important both as a theoretical issue, in light of the recognition by many of healthcare as a universal right, as well as an empirical fact that requires further exploration and amelioration. Most discussions of the human right to health assume that every human being has legal nationality, but in reality there are at least 11 to 12 million stateless individuals worldwide who are often unable to access basic healthcare. The examples of the Roma in Europe, the hill tribes of Thailand, and many Palestinians in Israel highlight the negative health impacts associated with statelessness. Stateless individuals often face an inability to access the most basic healthcare, much less the "highest attainable standard of health" outlined by international agreements. Rather than presuming nationality, statelessness must be recognized by the medical community. Additionally, it is imperative that stateless populations be

  2. A New Look at The Right to Privacy: Case Snowden and legal postmodernity

    Directory of Open Access Journals (Sweden)

    José Isaac Pilati

    2014-12-01

    Full Text Available http://dx.doi.org/10.5007/2177-7055.2014v35n69p281 Edward Snowden was responsible for the disclosure of the data collection program developed by the National Security Agency. This sparked a strong debate on new forms of violation of the right to privacy, which demonstrates the need to adapt the law to the reality resulting from technological innovations. In this new technological context, this article is based on the Snowden case to discuss the political and legal issues of privacy. The doctrinal approach to the topic is updated and proposes a theoretical approach to privacy as collective good in the Legal Theory of Postmodernism, a new paradigm.

  3. Early childhood development in Rwanda: a policy analysis of the human rights legal framework.

    Science.gov (United States)

    Binagwaho, Agnes; Scott, Kirstin W; Harward, Sardis H

    2016-01-12

    Early childhood development (ECD) is a critical period that continues to impact human health and productivity throughout the lifetime. Failing to provide policies and programs that support optimal developmental attainment when such services are financially and logistically feasible can result in negative population health, education and economic consequences that might otherwise be avoided. Rwanda, with its commitment to rights-based policy and program planning, serves as a case study for examination of the national, regional, and global human rights legal frameworks that inform ECD service delivery. In this essay, we summarize key causes and consequences of the loss of early developmental potential and how this relates to the human rights legal framework in Rwanda. We contend that sub-optimal early developmental attainment constitutes a violation of individuals' rights to health, education, and economic prosperity. These rights are widely recognized in global, regional and national human rights instruments, and are guaranteed by Rwanda's constitution. Recent policy implementation by several Rwandan ministries has increased access to health and social services that promote achievement of full developmental potential. These ECD-centric activities are characterized by an integrated approach to strengthening the services provided by several public sectors. Combining population level activities with those at the local level, led by local community health workers and women's councils, can bolster community education and ensure uptake of ECD services. Realization of the human rights to health, education, and economic prosperity requires and benefits from attention to the period of ECD, as early childhood has the potential to be an opportunity for expedient intervention or the first case of human rights neglect in a lifetime of rights violations. Efforts to improve ECD services and outcomes at the population level require multisector collaboration at the highest echelons

  4. Israel’s Associated Regime: Exceptionalism, Human Rights and Alternative Legality

    Directory of Open Access Journals (Sweden)

    Federica D’Alessandra

    2014-08-01

    Full Text Available In the context of Israel’s declared permanent state of exception, this article focuses on the legal protection awarded to the Palestinian populations under Israeli control. To broaden the discussion over Palestinian people’s rights, which generally focuses on the confiscation of land and the right to return, the author consciously focuses on anti-terrorism and security measures, which contribute to the creation of what the International Court of Justice has defined as an ‘associated regime’ of occupation. The article is divided into three parts. In the first part, the author discusses Israel’s domestic obligations towards Palestinians (arguing the case of both Palestinian citizens of Israel, and Palestinian residents and their de jure and de facto discrimination. The second part discusses the applicability of humanitarian law, specifically the applicability of the Fourth Geneva Convention. This section discusses the applicability of the Convention to both territories and people under Israeli control. The third part discusses the applicability of international human rights law to all territories under Israeli control and delves into the issue of the mutual relationship between the two international legal regimes in the territories under occupation. The article posits that Israel’s rationale for the non-applicability of such legislation to the Palestinian territories and populations it controls constitutes a form of ‘alternative legality’. The article concludes that Israel’s disproportionate application of security practices and anti-terrorism measures to the Palestinian segment of its population violates Palestinian rights protected under Israel’s domestic and international legal obligations.

  5. Legal barriers to access abortion services through a human rights lens: the Uruguayan experience.

    Science.gov (United States)

    Berro Pizzarossa, Lucía

    2018-12-01

    Sexual and reproductive health (SRH) has increasingly gained importance in the field of international human rights law. The work of the United Nations (UN) bodies, in particular the recently adopted General Comment 22 (GC 22), has been instrumental in signalling the importance of the SRH legal framework and in setting clear guidelines to steer countries into enacting/modifying/repealing national laws in order to comply with their international obligations vis-à-vis SRH. Although within the region Uruguay is regarded as a pioneer in terms of women's status and rights, including sexual and reproductive health and rights, evidence points to a number of challenges. This article explores the extent to which the Uruguayan abortion law complies with the country's international human rights obligations as conceptualised by GC 22. It uses the Uruguayan abortion law, its regulatory decree, and the highest administrative court's decision in Alonso et al v. Poder Ejecutivo as the main pivots for the discussion. The results reveal that - in spite of the praise it receives at the international level and the adoption of a less restrictive abortion law - Uruguay has fallen short in adopting a legal framework that complies with the international standards and guarantees effective access to abortion services.

  6. AVIATION LEGAL ISSUES IN INDONESIA AND THAILAND: TOWARDS BETTER PASSENGERS’ RIGHTS IN ASEAN

    Directory of Open Access Journals (Sweden)

    Ridha Aditya Nugraha

    2017-04-01

    Full Text Available The aviation business in the ASEAN region has shown significant growth during the last decade. With the enactment of ASEAN Open Skies, there is no doubt that intra-ASEAN flights will continue to increase rapidly with Indonesia and Thailand experiencing significant effects from such development. Considering current rapid market capitalization, there is an urgency to establish equilibrium between commercial and passengers’ rights. Flight delays, cancellations, and denied boarding, either on domestic or international flights, are the main airline passengers’ rights issues that are always relevant and must be kept up-to-date with recent developments. In the context of the so-called integrated ASEAN skies, the urgency to establish a uniform legal framework on passengers’ rights has become essential. Learning from the current international legal framework, namely the Warsaw Convention, the Montreal Convention, and EU Regulation No. 261/2004, they could present the source of best solution. Considering that the latter was established by another regional initiative, it could be a particularly valuable guide for ASEAN, even though the current integration level of the EU and ASEAN are quite different. Also of importance, the bomb threat hoax phenomenon within Indonesia and Thailand shall also be discussed. Passengers’ rights must also be protected against the implications of such irresponsible acts.

  7. Intelligent Automatic Right-Left Sign Lamp Based on Brain Signal Recognition System

    Science.gov (United States)

    Winda, A.; Sofyan; Sthevany; Vincent, R. S.

    2017-12-01

    Comfort as a part of the human factor, plays important roles in nowadays advanced automotive technology. Many of the current technologies go in the direction of automotive driver assistance features. However, many of the driver assistance features still require physical movement by human to enable the features. In this work, the proposed method is used in order to make certain feature to be functioning without any physical movement, instead human just need to think about it in their mind. In this work, brain signal is recorded and processed in order to be used as input to the recognition system. Right-Left sign lamp based on the brain signal recognition system can potentially replace the button or switch of the specific device in order to make the lamp work. The system then will decide whether the signal is ‘Right’ or ‘Left’. The decision of the Right-Left side of brain signal recognition will be sent to a processing board in order to activate the automotive relay, which will be used to activate the sign lamp. Furthermore, the intelligent system approach is used to develop authorized model based on the brain signal. Particularly Support Vector Machines (SVMs)-based classification system is used in the proposed system to recognize the Left-Right of the brain signal. Experimental results confirm the effectiveness of the proposed intelligent Automatic brain signal-based Right-Left sign lamp access control system. The signal is processed by Linear Prediction Coefficient (LPC) and Support Vector Machines (SVMs), and the resulting experiment shows the training and testing accuracy of 100% and 80%, respectively.

  8. Legal Treatment Given the Oil leak in the Frade field . Case Study: (i Liability and signing of Conduct Adjustment Term

    Directory of Open Access Journals (Sweden)

    Alexandre Ricardo Machado

    2016-06-01

    Full Text Available This paper is to discuss how were treated  the legal and environmental consequen- ces caused by the large oil spill occurred in the FRADE FIELD, State of Rio de Janeiro, Brazil by the Company CHEVRON Brazil, in the face of brazilian authorities. On the text it will be discussed important decisions taken related to objective liability from the Company due to damages and the theories that have been taken into consideration for the extinction of two public civil actions filed by the Federal Public Ministry by an agre- ement called “Conduct Adjustment Term”. This study will make a chronological analysis of the facts that occurred on the two oil spills and how the company Chevron Brazil handled the incident, especially after be signed the undertaking between this Company, the Federal Public Ministry (MPF, National Agency Petroleum (ANP and the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA solving the two public civil actions and proposals related to incidents in the Frade field in 2011 and 2012. The process also triggered imposition of financial penalties, already collected. On this comments shall be made considerations related to the incident and its “solution” for this legal formula and, given the severity of the accident, the indicated measures show hit or not the sectors involved.

  9. Euthanasia, assisted dying and the right to die in Ghana: a socio-legal analysis.

    Science.gov (United States)

    Owusu-Dapaa, Ernest

    2013-12-01

    There is unanimity among states to protect the continuation of life of the individual as a safeguard against their collective extinction. The right to life is accordingly guaranteed but its antithesis, the right to die is the subject of an unending debate. The controversy over the right to die is deepened by rapid advances in medicine, creating the capability for prolongation of life beyond the span which one's natural strength can endure. Ghana's supreme law explicitly guarantees the right to life but remains ambiguous on right to die, particularly euthanasia and assisted dying. Thus, some of the other rights, such as the right to dignity and not to be tortured, can creatively be exploited to justify some instances of euthanasia. Ghana's criminal code largely proscribes euthanasia. Notwithstanding, proscription of euthanasia and assisted dying by the law, in Ghana's empirical work undertaken in some of the communities in Ghana, suggests that euthanasia is quietly practisedin health facilities and private homes, especially in the rural areas. Contrary to the popular reasons assigned in the literature of the Western world, with respect to the practice or quest for legalization of euthanasia as being a necessity for providing relief from pain or hopeless quality of life, empirical data from social and anthropological studies conducted in Ghana reveal that poverty is the motivation for informal euthanasia practice in Ghana rather than genuine desire on part of patients to die or their relatives to see to their accelerated death. Apart from poverty, traditional cultural values of African societies consider non-natural death as a taboo and ignominy to the victim and his family. Thus, any move by the government to legalize euthanasia will need to be informed by widely held consultations and a possible referendum; otherwise the law may be just a mere transplant of Western models of legislation on euthanasia without reflecting the ethos of the African people.

  10. 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.

  11. Proving the infringement of digital intellectual property rights: Overview of the Anglo-saxon legal system

    Directory of Open Access Journals (Sweden)

    Spasić Vidoje

    2015-01-01

    Full Text Available The multifaceted process of identifying and proving the infringement of intellectual property rights is further complicated and aggravated in the so-called analogue environment. The development of Information Technologies has given rise to a new set of problems. The digital technology has facilitated the infringement of intellectual property rights and additionally aggravated the process of proving these infringements. Hence, it is the duty of digital forensics to identify relevant (valid evidence and present it in the court of law, which is not an easy task. In that course, the problems are twofold: legal and technical. First of all, the legislation in many countries is not adjusted to resolving the issues constantly emerging in the digital environment and there are apparent differences in the manner of regulating these issues. On the other hand, there is no standardized and unified technology which would provide for a uniform qualification and comprehensive treatment of these issues. Moreover, the place of commission of these criminal offences as a rule does not coincide with the place of occurring legal consequences. Yet, in spite of all these difficulties, there are technological methods and tools which facilitate the detection of cybercrime and provide evidence for securing relevant punishment. In the time to come, the developments in this area are expected to be aimed at strengthening the protection of legitimate interests of holders of intellectual property rights.

  12. Work-life balance and the legal right to request flexible working arrangements

    Directory of Open Access Journals (Sweden)

    L Dancaster

    2014-07-01

    Full Text Available In 2003, eligible employees in the United Kingdom acquired the legal right to request flexible working arrangements. The government believes that this new right will provide parents with greater choice and support in balancing work and childcare, whilst being compatible with business efficiency. This article critically appraises this new right and examines how it is applied in relation to other UK legislation on discrimination and unfair dismissal. An overview of international studies on corporate efforts to introduce family-friendly arrangements, and an overview of governmental efforts to address the reconciliation of work and family-life is provided in this article, with a view to arguing that there is a need, in South Africa, for state policy regarding work-life balance and for further research into corporate efforts to introduce family-friendly work arrangements.

  13. Legal Issues of Intellectual Property Rights and Licensing for E-Learning Content in the United Kingdom

    Science.gov (United States)

    Mehrpouyan, Azadeh; Razavi, Ghassem Khadem

    2014-01-01

    This article focuses on the legal rules of intellectual property rights (IPR) in networked e-learning. Its purpose is to act as an awareness-raising device about IPR, especially in the public-sector e-learning community in the UK, by describing the relevant aspects of IPR, providing legal guidance on IPR in e-learning, especially on the use of…

  14. The Leap from Theory to Practice: Snapshot of Women’s Rights Through a Legal Lens

    Directory of Open Access Journals (Sweden)

    Brooke Stedman

    2013-07-01

    Full Text Available Globally, at least one in three women will be beaten, coerced into sex or otherwise abused by an intimate partner over the course of her lifetime. It can be argued that the perpetuation of violence against women is a result of the failure to provide equality under international law and to protect universal human rights. Over the last three decades, the international community has utilized human rights instruments and international bodies of law to advance the conceptualization of women's rights as human rights. However, the continued prevalence of violence against women points to evidence of gender-based discrimination and lack of gender equality within the legal realm. This paper will highlight the how the evolving jurisprudence of the Inter-American Court of Human Rights and the European Court of Human Rights has helped shape gender norms and reinforce positive State obligations to prevent and protect women against violence. Moreover, these shifts in the theoretical rights of women will be analyzed to see whether they are translated into practice within domestic jurisdictions.

  15. The Leap from Theory to Practice: Snapshot of Women’s Rights Through a Legal Lens

    Directory of Open Access Journals (Sweden)

    Brooke Stedman

    2013-07-01

    Full Text Available Globally, at least one in three women will be beaten, coerced into sex or otherwise abused by an intimate partner over the course of her lifetime. It can be argued that the perpetuation of violence against women is a result of the failure to provide equality under international law and to protect universal human rights. Over the last three decades, the international community has utilized human rights instruments and international bodies of law to advance the conceptualization of women's rights as human rights. However, the continued prevalence of violence against women points to evidence of gender-based discrimination and lack of gender equality within the legal realm.This paper will highlight how the evolving jurisprudence of the Inter-American Court of Human Rights and the European Court of Human Rights has helped shape gender norms and reinforce positive State obligations to prevent and protect women against violence. Moreover, these shifts in the theoretical rights of women will be analyzed to see whether they are translated into practice within domestic jurisdictions.

  16. Labor rights as legal constitutional category – Kosovo in relation to international labor organization

    Directory of Open Access Journals (Sweden)

    Muhamet Vokrri

    2015-11-01

    Full Text Available The purpose of this study paper is the analyzing of the processes that followed the labor relations, its historical development respectively, since its first concrete efforts from the representatives of the workers (unions till the establishment of the International Labor Organization (1919. As it is known the labor law presents one of the fundamental rights of the human being, thus such rights (right to work, freedom of work are constitutional category and protected in whole legal systems of the present time. The efforts to install such positive spirit were not easy. Genuinely is known that bearers of progressive developments in this field (end of XIX century were organized groups of workers (unions, then initiatives from various statesmen and later to be materialized from the governments of present time followed by the addressing and protecting of these rights in international aspect. Practice has proved that creation, purpose and activity of International Labor Organization has provided its benefits in achieving the primary principles of work, such rights proclaimed by the majority of world states and embedded in their highest legal act (Constitution of the organization in question (ILO. We consider that bearers of government politics of Kosovo, responsible sectors of this field respectively, shall regard these rules set and implemented by this international body and at the same time make maximal efforts towards advancing the current legislation in this field as well as to utilize all necessary resources in order to achieve the vital goal which is the adherence in ILO. This would certainly have an impact on minimizing the occurrence of eventual discontent from the organized groups (Unions as well as other classes and naturally the progress and positive effects in this field would be visible and useful for the society.

  17. Legal disputes as a proxy for regional conflicts over water rights in Chile

    Science.gov (United States)

    Rivera, Diego; Godoy-Faúndez, Alex; Lillo, Mario; Alvez, Amaya; Delgado, Verónica; Gonzalo-Martín, Consuelo; Menasalvas, Ernestina; Costumero, Roberto; García-Pedrero, Ángel

    2016-04-01

    Water demand and climate variability increases competition and tension between water users -agricultural, industrial, mining, hydropower- and local communities. Since 1981, the Water Code has regulated water allocation through private individual property rights, fostering markets as the distribution mechanism among users. When legal conflicts occur between parties, it is the responsibility of the courts to settle the conflict. The aim of this research is twofold: first, to apply a geographical approach by mapping water conflicts using legal disputes reaching the higher courts as a proxy for conflict intensity and second, to explain the diversity of water disputes and how they vary regionally. We built a representative database with a sample of 1000 legal records corresponding to decisions issued by the Supreme Court and 17 courts of appeal throughout the country from 1981 to 2014. For geo-tagging, all records were transformed to plain text and analyzed to find words matching the entries of a geographical thesaurus, allowing records to be linked to geographical locations. The geo-tagging algorithm is capable of automatically populating a searchable database. Several maps were constructed using a color scale to visualize conflict intensity. Legal disputes represent different types of conflicts among water users, such as competition between agriculture and hydropower. Processed data allowed the identification of the regional variation of conflicts. The spatial pattern for the intensity of conflicts related to specific sections of the Water Code is explained in terms of the main geographical, climatic and productive characteristics of Chile. Geo-tagging legal records shows a strong potential to understand and define regional variation of water conflicts. However, data availability would become a barrier if measures to improve data management were not taken. Regarding the institutional framework, the same regulations for water management rules are applied throughout the

  18. Legal, ethical, and human rights considerations for physicians treating children with atypical or ambiguous genitalia.

    Science.gov (United States)

    Greenberg, Julie A

    2017-06-01

    Some governments, human rights organizations, intersex organizations, and doctors have called for a moratorium on genital and gonadal surgeries for infants born with atypical or ambiguous genitalia. Moratorium supporters believe that the surgeries carry physical and emotional risks, the psychosocial benefits of these procedures have not been proven, and the surgeries violate the patients׳ fundamental human rights if they are performed before these patients can provide informed consent. Given these calls for a moratorium, treatment teams must determine how to treat their patients and how to counsel their patients׳ parents. This article examines the treatment teams׳ ethical and legal responsibilities and provides advice for treatment teams to follow that will protect their patients and their practices. Copyright © 2017. Published by Elsevier Inc.

  19. Public Participation in Establishing Legal Policy to TNCs' Responsibility Upon the Violation of Right to Enjoy Healthy Environment in Indonesia

    OpenAIRE

    Wartini, Sri; Ghofur, Jamaludin

    2016-01-01

    Public participation needs to be improved to promote an access to justice when the right to enjoy a healthy environment is violated by TNCs. This article has two problem formulations: first, how is public participation in making legal policy for the responsibility of TNCs. Second, why is it necessary to design a legal policy against the responsibility of TNCs for violating the right to enjoy a healthy environment is necessary to promote an access of justice. This research is normative. The ap...

  20. Universal Health Coverage and the Right to Health: From Legal Principle to Post-2015 Indicators.

    Science.gov (United States)

    Sridhar, Devi; McKee, Martin; Ooms, Gorik; Beiersmann, Claudia; Friedman, Eric; Gouda, Hebe; Hill, Peter; Jahn, Albrecht

    2015-01-01

    Universal Health Coverage (UHC) is widely considered one of the key components for the post-2015 health goal. The idea of UHC is rooted in the right to health, set out in the International Covenant on Economic, Social, and Cultural Rights. Based on the Covenant and the General Comment of the Committee on Economic, Social, and Cultural Rights, which is responsible for interpreting and monitoring the Covenant, we identify 6 key legal principles that should underpin UHC based on the right to health: minimum core obligation, progressive realization, cost-effectiveness, shared responsibility, participatory decision making, and prioritizing vulnerable or marginalized groups. Yet, although these principles are widely accepted, they are criticized for not being specific enough to operationalize as post-2015 indicators for reaching the target of UHC. In this article, we propose measurable and achievable indicators for UHC based on the right to health that can be used to inform the ongoing negotiations on Sustainable Development Goals. However, we identify 3 major challenges that face any exercise in setting indicators post-2015: data availability as an essential criterion, the universality of targets, and the adaptation of global goals to local populations. © SAGE Publications 2015.

  1. The right to die in Canadian legislation, case law and legal doctrine.

    Science.gov (United States)

    Plachta, M

    1994-01-01

    This article discusses moral, social, medical and legal problems pertaining to the so-called 'right to die' from the perspective of Canadian criminal legislation (the Criminal Code), constitutional law (the Charter of Rights and Freedoms) and court rulings. Regarding the latter, the opinions delivered in Nancy B v Hôtel-Dieu de Quebec and Rodriguez v British Columbia (Attorney General) are especially significant. In Rodriguez, the Supreme Court of British Columbia unequivocally rejected the petitioner's submission that the Charter of Rights and Freedoms guarantees the right to die. This judgment was upheld on appeal by both the British Columbia Court of Appeal and the Supreme Court of Canada. In addition, the article addresses the complex problem of legislating the right to die in Canada. Several options are examined, such as professional judgment and advance health care directives including living wills and powers of attorney for health care. In this context, the recommendations adopted by both the Law Reform Commission of Canada and provincial commissions are analysed. Finally, the article discusses the legislation proposed recently in Alberta, Manitoba, Newfoundland, Ontario and Saskatchewan. It seems doubtful, however, whether a nation-wide solution will be found in the near future.

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

    Science.gov (United States)

    Uberoi, Diya; de Bruyn, Maria

    2013-06-14

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

  3. Reconciliation and Revenge in Post-Apartheid South Africa. Rethinking Legal Pluralism and Human Rights.

    Science.gov (United States)

    Wilson

    2000-02-01

    Human rights are a central element in the new governmental project in the new South Africa, and this article traces some of the specific forms of connection and disconnection between notions of justice found in townships of the Vaal and rights discourses as articulated by the Truth and Reconciliation Commission. The introduction of human rights in post-apartheid South Africa has had varied social effects. Religious values and human rights discourse have converged on the notion of reconciliation on the basis of shared value orientations and institutional structures. There are clear divergences, however, between human rights ideas and the notions of justice expressed in local lekgotla, or township courts, which emphasize punishment and retribution. The article concludes that the plurality of legal orders in South Africa results not from systemic relations between law and society but from multiple forms of social action seeking to alter the direction of social change in the area of justice within the context of the nation-building project of the post-apartheid state.

  4. Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia

    Directory of Open Access Journals (Sweden)

    Saldi Isra

    2017-08-01

    Full Text Available It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles.

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

    Science.gov (United States)

    Rosenbaum, Sara; Schmucker, Sara

    2017-10-01

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

  6. Legal rights, efficiency and citizen involvement in the administration of social security cash benefits

    DEFF Research Database (Denmark)

    Von Hielmcrone, Nina

    2010-01-01

    The Danish social security legislation has been distinguished in recent years by an intense growth in rules and regulations. Numerous laws and ordinances have been promulgated, which make it extremely difficult for both citizens and authorities to come to grips with the laws, much less to gain...... to a vast growth in very detailed and complex rules and thereby lack of transparency for citizens and social workers. The fact that benefits are administered with the aid of computers means that neither administrators nor politicians find the abundance of rules to be a problem, and no limits are thereby set...... for the accretion of new special rules. They merely have to be coded into the system. The government’s modernisation programme has been carried out at the expense of transparency and the legal rights of the citizens. This article deals with Danish legislation; the mechanisms in question are common not only...

  7. Human Rights Legalization of Health and Institutional Dialogue : The Experience of Lages -SC , Brazil

    Directory of Open Access Journals (Sweden)

    Felipe Asensi

    2016-05-01

    Full Text Available The judicialization of health tends to be thought through the prism of the lawsuits, but there are lots of consensual strategies that can be developed within the Judiciary Bran- ch. The purpose of this article is to analyze the interaction between the Judiciary Branch, health professionals and the representatives in ensuring the right to health. To this end, a research in partnership with the National Council of Justice was held in 2013 and 2014 in the municipality of Lages-SC, Brazil, which investigated the developed local strategies. The Lages experience was about the Conciliation Center for Medicines and its interaction with the Intermunicipal Consortium and the political and legal actors, which became an institutional dialogue tool. These arrangements allowed a predominantly extrajudicial action and fostered the dialogue between the various local actors. The result was the liti- gation reduction and the expansion of dialogical institutional arrangements.

  8. What Constitutes as Limitation of (Human Rights in Indonesian Legal Context?

    Directory of Open Access Journals (Sweden)

    Anbar Jayadi

    2018-01-01

    Full Text Available This article reviews the interpretation of the Constitutional Court (the Court on the Article 28J paragraph (2 of the 1945 Constitution by looking into the rulings related to the Information and Electronic Transaction Law. These rulings are chosen because, in those rulings, tensions between individual and public interest are apparent. For example, the tension between the right to privacy and freedom of expression, and the tensions between freedom of expression and public order. The rulings that will be studied in this writing are Ruling No. 50/PUU-VI/2008, Ruling No. 2/PUU-VII/2009, Ruling No. 5/PUU-VIII/2010, Ruling No. 52/PUU-XI/2013, and Ruling No. 20/PUU-XIV/2016. In studying those rulings, this article use a legal method namely the interpretation of arguments, e.g. what are the arguments provided by the claimants in the case in relation to the Article 28J paragraph (2 of the 1945 Constitution and how does the Court responds to such arguments. Additionally, this writing will also compare the rulings to each other to portray the “variety” of interpretation by the Court over the time. Furthermore, this article will compare the Article 28J paragraph (2 of the 1945 Constitution and the Court’s interpretation of it to other standards of limitation in other human rights instruments such as European Convention on Human Rights (ECHR and International Covenant on Civil and Political Rights (ICCPR in order to depict what are the distinctive features of limitation of rights in Indonesian regime in comparison to other regimes. Last but not least, this article analyze what are the lesson learned from studying the Court’s interpretation and the possible consequence of such interpretation to the human rights protection in Indonesia.

  9. [Individual rights vs public health in the fight against contagious diseases: proposals to improve the current legal framework].

    Science.gov (United States)

    Salamero Teixidó, Laura

    2016-11-01

    The public health protection constitutional mandate requires public powers to protect the population from contagious diseases. This requires a legal framework that both protects public health effectively and respects individual rights and freedoms that could be undermined by the public administrations. This article analyses, from a legal perspective, the current legal framework regulating the adoption of health measures to protect public health against contagious diseases. It argues that current regulations generate legal uncertainty on the basis of the wide range of discretionary powers they give to the public administration and the lack of provisions for limiting these powers. As a result, the guarantee mechanisms (primarily judicial consent) only weakly protect the rights and freedoms of the citizens affected by health measures. To conclude, the article proposes several amendments to improve public health regulations related to contagious diseases. The purpose is to render a legal framework that offers more legal certainty, in which it is possible to protect individual rights and freedoms when measures are adopted, without sacrificing the effective protection of public health. Copyright © 2016 SESPAS. Publicado por Elsevier España, S.L.U. All rights reserved.

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

    Directory of Open Access Journals (Sweden)

    Penelope Weller

    2016-03-01

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

  11. Report mapping legal and policy instruments of the EU for human rights and democracy support, FRAME Deliverable 12.1

    NARCIS (Netherlands)

    Churruca Muguruza, C.; Isa, F. G.; San José, D. G.; Fernández Sánchez, P. A.; Márquez Carrasco, C.; Muñoz Nogal, E.; Nagore Casas, M.; Timmer, Alexandra|info:eu-repo/dai/nl/351098852

    2014-01-01

    This report is devoted to the mapping of legal and policy instruments of the EU for human rights and democracy support. In particular, it highlights the EU´s human rights priorities in terms of themes and vulnerable groups in its external action based on a review of EU policy documents and

  12. The right to have a family: 'legal trafficking of children', adoption and birth control in Brazil.

    Science.gov (United States)

    Cardarello, Andrea

    2012-01-01

    This paper focuses on one of the 'child-trafficking scandals' that occurred in Brazil in the 1990s. Ethnographic research was carried out between 2000 and 2001 within a movement of poor families formed in São Paulo to put pressure on the authorities to review the legal procedures that had led to their children being placed for national and international adoption. Fieldwork was supplemented by other data, including reports by legislative bodies, articles in the press, and case files involving the termination of parental rights. This paper explores views on international adoption among members of the Brazilian elites such as judges, agents in the field of child protection and journalists, in the context of old but persistent neo-Malthusian ideas. Although the Brazilian birth rate is now below the replacement level, it is still common to blame 'irresponsible' reproduction among the urban poor for violence in large cities. Drawing a parallel with the routine sterilization of women that prevailed for decades and was encouraged by Brazilian physicians, the paper examines how, in a 'struggle against poverty', judicial agents took it upon themselves to enforce 'birth control' through adoption, bypassing family consent and the law in the process. The paper concludes by arguing that discrimination against poor families who are viewed as disorganized, immoral and irresponsible - characteristics frequently associated with criminality by a sector of the elites - has contributed to the view that lower-class families do not have the right to bear children, or to keep them.

  13. Dementia and legal competency.

    Science.gov (United States)

    Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-06-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task

  14. Hermeneutics in the interpretation in accordance of human rights in the Mexican legal order

    Directory of Open Access Journals (Sweden)

    Carlos E. Massé Narváez

    2014-05-01

    Full Text Available We proceed to introduce the reader to the expression: interpretation in accordance with then, perform a conceptualization of the concepts to use in the analysis of the new content in the field of human rights. Subsequently we are dealing with the legal materials and interpretation in accordance with base hermeneutics, turning to the competition in the interpretation correct. Finally there is the need for training hermeneutics, thereby terminating the paper. Normal 0 21 false false false ES X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Tabla normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;}

  15. The Right to strike: International and regional legal instruments with accent of legislation in Republic of Macedonia

    OpenAIRE

    Majhosev, Andon; Denkova, Jadranka

    2013-01-01

    The right to strike is a universal democratic right of all employees, regardless of where they are employed: Real or public sector. Depending on the degree of realization of this right in a state, it is accordingly evaluated on the scale of democracy. Therefore, we can say that the right to strike is a fundamental measure of democratic values of a society. There is no real democracy without the right to strike. The right to strike is governed by international legal instruments (acts) of the U...

  16. Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities

    Science.gov (United States)

    Craigie, Jillian

    2015-01-01

    The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. PMID:25997381

  17. Moral and Civic Education and Teaching about Religion. Handbook on the Legal Rights and Responsibilities of School Personnel and Students.

    Science.gov (United States)

    Strazicich, Mirko, Ed.

    Adopted by the California State Board of Education on June 10, 1988, this handbook outlines the legal rights and responsibilities that school personnel have and their educational responsibilities in such areas as morality, democratic values, and religion in the schools. Section I, "Moral Values and Public Education," addresses the issues…

  18. Legal Control on Social Control of Sex Offenders in the Community : A European Comparative and Human Rights Perspective

    NARCIS (Netherlands)

    M.J.F. van der Wolf (Michiel)

    2016-01-01

    textabstractThis paper provides first of all the introduction to this special issue on ‘Legal constraints on the indeterminate control of “dangerous” sex offenders in the community: A European comparative and human rights perspective’. The issue is the outcome of a study that aims at finding the way

  19. Climate Change, Human Rights and the International Legal Order: The Role of the UN Human Rights Council

    OpenAIRE

    Margaretha Wewerinke

    2013-01-01

    This article discusses recent developments related to recognition of the link between human rights and climate change in international human rights forums. It focuses on the main human rights body of the United Nations, the Human Rights Council, which has addressed climate change in three resolutions, two panel discussions and at its annual Social Forum. The analysis shows that the main challenge faced by the Human Rights Council as it seeks to address climate change is getting to grips with ...

  20. Nationalism and the Linguistic Rights of Deaf Communities: Linguistic Imperialism and the Recognition and Development of Sign Languages.

    Science.gov (United States)

    Branson, Jan; Miller, Don

    1998-01-01

    Examines the impact of nationalism on the linguistic rights of Deaf communities. Explores the subtle hegemony of nationalism in relation to linguistic minorities, and discusses the impact of nationalism on sign languages from two perspectives in two contrasting situations. (Author/VWL)

  1. Tracing down the historical development of the legal concept of the right to know one’s origins Has ‘to know or not to know’ ever been the legal question?

    NARCIS (Netherlands)

    Blauwhoff, Richard J.

    2008-01-01

    This article aims to contribute to the identification and understanding of the main legal questions surrounding the delineation of the material scope of the right to know one’s origins or genetic descent as a legal concept and a procedurally enforceable right. With that dual purpose in mind, a

  2. Language Justice for Sign Language Peoples: The UN Convention on the Rights of Persons with Disabilities

    Science.gov (United States)

    Batterbury, Sarah C. E.

    2012-01-01

    Sign Language Peoples (SLPs) across the world have developed their own languages and visuo-gestural-tactile cultures embodying their collective sense of Deafhood (Ladd 2003). Despite this, most nation-states treat their respective SLPs as disabled individuals, favoring disability benefits, cochlear implants, and mainstream education over language…

  3. Legal Capacity for Exercise to Rights and the Backing Decision Making

    OpenAIRE

    Ribeiro, Iara Pereira

    2016-01-01

    considering the brazilian law of inclusion, the article introduces the change in legal capacity for exercise and examine new institute of backing decision making in relation of the support administrator institute italian of law n 6, 2004 january 09 and the article 43 of support system of code civil and commercial argentine of 2015 and project for changing the brazilian law of inclusion.

  4. Legal Rights of Women Seeking Administrative Positions in Local School Districts.

    Science.gov (United States)

    Marshall, Catherine; Grey, Richard

    1982-01-01

    Outlines legal provisions relating to sex discrimination in employment generally and in education in particular, and examines limitations of these laws for changing school systems. Evaluates the impact of antidiscrimination legislation on the organizational systems of incentives, supports, recruitment, sponsorship, and exclusion. (Author/GC)

  5. Application of the Right to Permanent Sovereignty over Natural Resources for Indigenous Peoples: Assessment of Current Legal Developments

    Directory of Open Access Journals (Sweden)

    Endalew Lijalem Enyew

    2017-11-01

    Full Text Available The right to Permanent Sovereignty over Natural Resources (PSNR emerged in the era of decolonization. As a reaction to the irresponsible exploitation of natural resources by colonial powers, peoples under colonial rule and newly independent developing states asserted the right to control and dispose of their own natural resources. The UN General Assembly recognized and reinforced these claims by adopting a series of resolutions relating to the right to PSNR so as to facilitate the process of decolonization. However, the subjects of the right to PSNR have expanded to include ‘all peoples’ due to legal developments in international law pertaining to the right to self-determination of peoples and other human rights standards. This article explores the contemporary application of the right to PSNR for indigenous peoples, by virtue of their being ‘peoples’, tracing various developments in international law relating to indigenous peoples since the inception of PSNR in the 1950s.

  6. Legal guarantees for the protection of the rights to life and to health care of the child extracted alive as a result of abortion

    Directory of Open Access Journals (Sweden)

    Igor Ponkin

    2015-05-01

    SUMMARY: 1. Problem description - 2. State of Russian Legislation regulating of the legal status of the child extracted alive as a result of abortion - 3. Legal basis for the recognition of human dignity and the right to life of the child extracted alive as a result of abortion - 4. Legal guarantees of recognition of the right to life and human dignity of the child extracted alive as a result of abortion and emergency medical care in foreign legislation - 5. Conclusions.

  7. Can legality verification enhace local rights to forest resources? Piloting the policy learning protocol in the Peruvian forest context

    Science.gov (United States)

    B. Cashore; I. Visseren-Hamakers; P. Caro Torres; W. de Jong; A. Denvir; D. Humphreys; Kathleen McGinley; G. Auld; S. Lupberger; C. McDermott; S. Sax; D. Yin

    2016-01-01

    This report, “Can Legality Verification Enhance Local Rights to Forest Resources? Piloting the policy learning protocol in the Peruvian forest context,” reports on the testing of the application of the 11-step Policy Learning Protocol in Peru in 2015-16. The Protocol (Cashore et al. 2014) enables actors to draw from international policy initiatives in order to improve...

  8. PRINCÍPIO DA LEGALIDADE PENAL COMO DIREITO HUMANO FUNDAMENTAL PRINCIPLE OF CRIMINAL LEGALITY AS A FUNDAMENTAL HUMAN RIGHT

    Directory of Open Access Journals (Sweden)

    HENRIQUE HOFFMANN MONTEIRO DE CASTRO

    2012-12-01

    Full Text Available Resumo: O presente trabalho tem como desiderato debater o princípio da legalidade no âmbito do Direito Penal, postulado que se qualifica como direito humano fundamental. Isso porque a legalidade penal reveste-se de caráter garantidor do cidadão, possuindo caráter basilar em qualquer Estado que se pretenda Democrático de Direito, traduzindo ponto nevrálgico dos ordenamentos jurídicos que se fundem na justiça e na racionalidade. Como é indubitável que o princípio da legalidade afigura-se como garantia individual de cunho constitucional, sua análise é imprescindível para a compreensão do Direito Penal em uma visão principiológica. Para tanto, perquire-se sobre o caráter principiológico da legalidade, realiza-se reflexão sobre a íntima relação entre legalidade e Estado Democrático de Direito, perscruta-se acerca da origem histórica e do conteúdo da cláusula de legalidade, raciocina-se sobre os desdobramentos do referido postulado, são formuladas ideias sobre os mandados de criminalização, desenvolvem-se argumentos em torno de polêmicas questões que envolvem a legalidade penal e, finalmente, alguns arremates acerca do tema são realizados.Abstract: This work aims to discuss the principle of legality in criminal law, principle qualified as a fundamental human right. The criminal legality is a natural guarantee of citizens, having basic character in any state that pretends itself democratic, reflecting main feature of the legal systems based on justice and rationality. As it is clear that the principle of legality seems to be a constitutional guarantee of individual, its analysis is essential for understanding a principled view of the criminal law. To do so, it perquires about the character of legality, reflects on the intimate relationship between legality and democratic state, peers up about the historical origin and content of the clause of legality, reasons about the consequences of this postulate, formulates ideas

  9. The Shaky Legal Foundations of the Global Human Rights Education Project

    Science.gov (United States)

    Vlaardingerbroek, Barend

    2015-01-01

    School students should be taught about the law and this includes rights education. The global human rights education (HRE) project focuses on universal human rights and has a strongly utopian orientation, drawing as it does on international declarations and principles of human rights law. International human rights law is, however, at best a…

  10. Legal consequences and problems of the servitudes of right of way established by administrative acts in Latvia

    Directory of Open Access Journals (Sweden)

    Dinsberga J.

    2018-01-01

    Full Text Available The right to own a property is guaranteed by the Article 105 of the Constitution of the Republic of Latvia that in the same time stipulates that the said rights may be restricted only in accordance with law. This legitimate property right restriction is determined in Article 928 of the Civil Law: the ownership may be restricted both by private intent and by law. One of the restrictions of ownership rights is the servitude of right of way which is established by law, a contract, a court judgement, or a will. During the land reform, the State Forest Service, land commissions, and municipalities had the legal basis to establish the servitude of right of way also by an administrative act, taking a corresponding decision. However, many decisions were insufficient and legally incorrect. As a result, today the servitudes of right of way established by the administrative acts during the period of the land reform do not fulfil their purpose and cause a number of legal and practical problems both to owners of immovable property and to state institutions. In order to explore these problems, referring to the Article 7 of the Paragraph 105 of the protocol resolution No.56 of the Cabinet of Ministers from 29 October 2013, the Ministry of Environmental Protection and Regional Development in cooperation with the Ministry of Transport, the Ministry of Justice, and the Ministry of Agriculture issued the Conceptual Report “On the Problems Occurring in Relation with the Servitudes of Right of Way Established during the Land Reform and Their Possible Solutions” (hereinafter – the Conceptual Report. In general there are 2 possible solutions, but for the second solution there are five courses of action, one of which – in cases when there is a road on private property that is needed for public use it is to be determined as an encumbrance of the immovable property “Public road”. The aim of the research is by analysis of the problems of the servitudes of

  11. Property, legal pluralism, and water rights: the critical analysis of water governance and the politics of recognizing "local" rights

    NARCIS (Netherlands)

    Roth, D.; Boelens, R.; Zwarteveen, M.

    2015-01-01

    In this paper we assess the impact of Franz von Benda-Beckmann's work in the field of water rights. We argue that his contributions to understanding water, a field dominated by engineers and economists, cannot be overestimated. Over the years, Franz's nuanced and empathic anthropological attitude,

  12. Patient rights protection in the Czech Republic: challenges of a transition from Communism to a modern legal system.

    Science.gov (United States)

    Dostal, O

    2007-03-01

    The post-Communist countries in Central Europe, including the Czech Republic, underwent a rapid transformation of their legal systems, within which the concept of patient rights passed through revolutionary changes. This process however often left significant gaps in patient rights protection. There are practical difficulties for patients in defending their rights before the courts, such as problems with obtaining evidence and independent expert opinions, long delays and high costs of court proceedings, strict burden of proof rules and low compensation levels. Modern patient rights often collide with the systems of health care provision that are still unprepared for patient autonomy and responsibility. The experience gained in the transition process might be applicable also to other countries that undergo changes from traditional to modern system of patient rights protection.

  13. McConnell's sign in intra-operative acute right ventricle ischaemia: An under-recognized aetiology.

    Science.gov (United States)

    Longo, S A; Echegaray, A; Acosta, C M; Rinaldi, L I; Cabrera Schulmeyer, M C; Olavide Goya, I

    2016-11-01

    Transoesophageal echocardiography (TEE) has become a fundamental tool in modern cardiothoracic anaesthesia. It has an indisputable role in coronary valve surgery and revascularisations with severe impairment of ventricle function. It helps in making diagnoses that can optimise the surgical strategy and to minimal invasively dynamically monitor volaemia and cardiac function during the post-operative period, detecting complications unobservable by other methods. The McConnell sign, visualised using TEE as an akinesis of the right ventricular free wall, with a normal apex motility and enlargement of the right cavities, is characteristic of right ventricular (RV) dysfunction. This sign has a 77% sensitivity and 94% specificity for the diagnosis of acute pulmonary embolism (APE). The case is presented of a 53-year-old man scheduled for aortic valve and ascending aorta replacement surgery, with a history of severe valve aortic stenosis, aortic root and arch aneurysm, and with normal coronary arteries. Post-cardiopulmonary bypass (CBP), the patient presented with haemodynamic instability, with the TEE showing a typical image of the McConnell sign, with no pulmonary hypertension. This enabled making an early diagnosis of acute RV ischaemia, that led to a change in the surgical plan, the performing of coronary revascularisation surgery. As a result, the McConnell sign, which describes the characteristics of RV dysfunction, led to making a differential diagnosis between APE, RV infarction and acute myocardial ischaemia. Copyright © 2016 Sociedad Española de Anestesiología, Reanimación y Terapéutica del Dolor. Publicado por Elsevier España, S.L.U. All rights reserved.

  14. Constitutionalism, pluralism and the role of human rights in shaping the relations between legal orders

    DEFF Research Database (Denmark)

    Cebulak, Pola

    2012-01-01

    .” Hence, for instance, the Court of Justice of the EU has taken an active role in ensuring the effet utile of European law. This article discusses possible theoretical perspectives on the interactions between various legal orders in the international arena. The opposition between the dualist and monist...... conceptions provides a necessary basis for presenting their beyond-state-level counterparts—constitutionalism and pluralism. To introduce structural clarity into one’s view of those interactions, one can simplify and present two main opposing conceptual “camps” of the debate. However, the line does...

  15. Subcommittee fails to recommend legal reforms needed to promote human rights of sex workers.

    Science.gov (United States)

    Mar, Leon; Betteridge, Glenn

    2007-05-01

    In December 2006, the House of Commons Subcommittee on Solicitation Laws released its longawaited report on the criminal laws related to prostitution in Canada, entitled The Challenge of Change: A Study of Canada's Criminal Prostitution Laws. The Subcommittee's report fails to call for amendments to the Criminal Code provisions which have been demonstrated to increase the health and safety threats faced by sex workers. The Canadian HIV/AIDS Legal Network and two sex worker organizations, Stella and Maggie's, jointly published an analysis of the report.

  16. Legal Analysis on Interlink Between International and National Instruments Towards Woman Rights in Indonesia

    OpenAIRE

    Prihatinah, Tri Lisiani

    2011-01-01

    International instruments such as the Universal Declaration on Human Rights, the Internasional Covenants on Civil and Political Rights and Social and Cultural Rights, and the Convention for the Elimination of Discrimination Agaist Women (CEDAW) have led to what has been called a juridical revolution. Under these International instruments, the idea of all these rights including woman rights has been constitutionalized in almost all countries and practically all countries are now committed Inte...

  17. MEDICAL AND LEGAL ISSUES OF THE DECISIONS RENDERED BY THE EUROPEAN COURT OF HUMAN RIGHTS.

    Science.gov (United States)

    Chakhvadze, B; Chakhvadze, G

    2017-01-01

    The European Convention on Human rights is a document that protects human rights and fundamental freedoms of individuals, and the European Court of Human Rights and its case-law makes a convention a powerful instrument to meet the new challenges of modernity and protect the principles of rule of law and democracy. This is important, particularly for young democracies, including Georgia. The more that Georgia is a party to this convention. Article 3 of the convention deals with torture, inhuman and degrading treatment, while article 8 deals with private life, home and correspondence. At the same time, the international practice of the European court of human rights shows that these articles are often used with regard to medical rights. The paper highlights the most recent and interesting cases from the case-law of the ECHR, in which the courts conclusions are based solely on the European Convention on Human Rights. In most instances, the European Court of Human Rights uses the principle of democracy with regard to medical rights. The European court of human rights considers medical rights as moral underpinning rights. Particularly in every occasion, the European Court of Human Rights acknowledges an ethical dimension of these rights. In most instances, it does not matter whether a plaintiff is a free person or prisoner, the European court of human rights make decisions based on fundamental human rights and freedoms of individuals.

  18. Mainstreaming Human Rights Under National and International Law: Legal and Epistemic Question

    Directory of Open Access Journals (Sweden)

    Damilola S. Olawuyi

    2013-09-01

    Full Text Available Even though the concept of human rights mainstreaming is not new to public international law, it has recently gained increased recognition as a practical approach for recognizing the linkages between human rights and other social justice issues such as environmental protection. A plenitude of literature have been generated on the need to recognize and enforce human rights standards and norms in a wide range of issues including environment, health, gender, poverty, food, water and refugee protection to mention but a few. Despite the rapid ascendancy of the human rights mainstreaming concept, much attention have not been given to the scope of human rights mainstreaming and the practical aspects of human rights mainstreaming, particularly whether institutions consisting of ‘outsiders’ to the human rights epistemic community can interpret and enforce human rights obligation. Put simply, do environmentalists, scientists and outsiders to human rights have the capacity to mainstream human rights? This paper examines the scope and tenets of human rights mainstreaming, it then discusses the practical aspects of mainstreaming human rights into policy making, particularly how epistemic concerns on human rights mainstreaming can be addressed in national and international policy design and implementation.

  19. Legal capacity as a universal human right and a determinant of social status of people with mental disability

    Directory of Open Access Journals (Sweden)

    Marković Milan M.

    2012-01-01

    Full Text Available Adoption of the UN Convention on the Right of Persons with Disabilities (2006 brought about a core shift to how the international community and human rights law see and treat human disability in general. This paradigm shift materilizes itself in a number of provisions ranging from those which catalogue the proclaimed human rights as they are in the context of special implementation and protection of people with disabilities, to those that introduce a level of specificity in light of their holders' particular needs. But the strongest presence of the shift to this regard can be found in the Article 12 CRPD that sheds new light on the concept of (legal capacity of people with (mental disabilites. According to this norm and put quite simply - there should be no difference in observing and treating capacity of a person with disabilities to that of any other person. This is not only the matter of prohibiting discrimination on grounds of mental impairments, but furthermore preventing the system from establishing a classification in which a person with psychosocial or intellectual impairment would be a second-rate citizen, an object of law or a victim of legal, social and family abuse, someone who is a burden to his entire environment, someone who does not have a say in any case concerning his own life and wellbeing. Legal capacity should not be a goal to be fighting for, but a universal human right. Of course and unfortunatelly, such a shift is purely a formal one, when not causing due reform within the national systems and without proper implementation in the member states. What is thought urgently needed and directly required by the given provision is removing the system features that allow deprivation of legal capacity on the bases of mental impairments and introducing a humane and human rights oriented model in which the decision making of these people would be autonomous and supported, and with only very restricted exceptions, done by them and not

  20. State obligations to implement African abortion laws: employing human rights in a changing legal landscape.

    Science.gov (United States)

    Ngwena, Charles G

    2012-11-01

    Women in the African region are overburdened with unsafe abortion. Abortion regimes that fail to translate any given abortion rights into tangible access are partly to blame. Historically, African abortion laws have been highly restrictive. However, the post-independence era has witnessed a change toward liberalizing abortion law, even if incremental for many jurisdictions. Furthermore, Article 14 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa has significantly augmented the regional trend toward liberalization by recognizing abortion as a human right in given circumstances. However, states are failing to implement abortion laws. The jurisprudence that is emerging from the European Court of Human Rights and United Nations treaty bodies is a tool that can be used to render African governments accountable for failure to implement domestic abortion laws. Copyright © 2012 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  1. LEGAL PROTECTION AGAINST CHILDREN WHO ARE VICTIMS OF HUMAN TRAFFICKING IN CIANJUR DISTRICT STUDIED BY HUMAN RIGHTS PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Henny Nuraeny

    2015-05-01

    Full Text Available Trafficking in persons is a modern form of slavery. The eradication of human trafficking has been on the agenda in law enforcement because of its effects can interfere with social welfare. One form of trafficking in persons who lately is rampant child trafficking. The problems that can be studied is how the perspective of Human Rights in providing protection to children who are victims of trafficking and whether the implementation of legal protection for child victims of trafficking in Cianjur is in line with the concept of human rights. This study uses normative juridical approach and specification of descriptive analysis. Results from this study is the protection of child victims of trafficking in persons has been referred to the concept of human rights which the regional government make policies on prevention of trafficking, rehabilitation, counseling and empowerment of victims of human trafficking.

  2. Human rights approach to water in the Ethiopian context: legal and ...

    African Journals Online (AJOL)

    The supply of accessible, adequate, clean and drinkable water in order to improve the quality of life has remained a challenge for many countries. One possible way of ensuring accessibility to clean water is to articulate it from a human rights perspective. International human right instruments have recently been invoked to ...

  3. [Legal remedies: therapeutic markets and the judicialization of the right to health].

    Science.gov (United States)

    Biehl, João; Petryna, Adriana

    2016-01-01

    This study draw on the struggle of parents of children with mucopolysacchar idosis to access expensive drugs in the name of universal right to health. The work explores how, in Brazil, right-to-health litigation became an alternative pathway to access health care and shows that several public and private stakeholders dispute the judicialization of health. Biotechnology is, therefore, understood to remake human and social worlds as it opens up new spaces of ethical problematization, desire, and political belonging.

  4. Rights of Minors and Constitutional Politics in the German Länder. Legal Framework, Party Strategies, and Constitutional Amendments

    Directory of Open Access Journals (Sweden)

    Lorenz Astrid

    2015-11-01

    Full Text Available The article analyses constitutional politics in the German Länder in the field of minors’ rights. Since this issue seems a purely legal matter dealt with at the federal, European and international level, we should expect similar, almost identically shaped policies at the Länder level. However, the analysis brings considerable variations of constitutional activities in this field to the fore: time, frequency, and contents of respective initiatives vary significantly in the period from 1999 to 2014. These variations were due to different party strategies, diverging party platforms and majority constellations in the Länder. The analysis also shows that the public arguments brought forward in favour of constitutional amendments refer only weakly and randomly to legal provisions and processes at other levels. The political debate supporting extended children's rights rather refers to general observations, to the specific regional context, and constitutional provisions in other Länder. At least with regard to this issue, the multi-level system did not systematically impact on constitutional politics in the Länder. It rather can be understood as an opportunity structure providing parties with multiple realms in which they can pursue their goals. Thus the study shows that federal and regional party strategies are key factors in explaining policy diffusion in multilevel systems.

  5. Legal Norms and the Capabilities Approach (CA: Reinterpreting Children’s Right to Access to Basic Education

    Directory of Open Access Journals (Sweden)

    Mashele Rapatsa

    2016-08-01

    Full Text Available This article discusses access to basic education as a constitutionally entrenched legal norm. It presents an exposition of inherent interdependence between rights-based approaches to child development and theoretical underpinnings founded in the Capabilities Approach (CA. The article is considerate of the fact that every progressive developmental state needs literate and educated citizenry to achieve sustainable economic and human development, and thus secure social stability and human well-being. It relies on the Constitution, 1996’s foundational values and theoretical connotations founded in Sen and Nussbaum’s Capabilities Approaches. Nussbaum is the focal point because her account of the CA is linked with fundamental ideals of constitutional law and rightsbased approaches to development. It proposes a pattern of combining and using frameworks of rights and capabilities to move beyond promises made through legal instruments. It is asserted that access to equitable and quality basic education is yet to be achieved in South Africa. It remains a distant dream owing to narrow interpretations and dual system of private-public education, under which quality education is commodified and only accessible to the wealthy few. Thus, to improve access to quality basic education, we ought to understand that laws are normative standards that need to be complimented by strong moral and ethical commitments in order to be responsive to children’s and society’s social developmental needs.

  6. Using human rights for sexual and reproductive health: improving legal and regulatory frameworks

    Science.gov (United States)

    Kismodi, Eszter; Hilber, Adriane Martin; Lincetto, Ornella; Stahlhofer, Marcus; Gruskin, Sofia

    2010-01-01

    Abstract This paper describes the development of a tool that uses human rights concepts and methods to improve relevant laws, regulations and policies related to sexual and reproductive health. This tool aims to improve awareness and understanding of States’ human rights obligations. It includes a method for systematically examining the status of vulnerable groups, involving non-health sectors, fostering a genuine process of civil society participation and developing recommendations to address regulatory and policy barriers to sexual and reproductive health with a clear assignment of responsibility. Strong leadership from the ministry of health, with support from the World Health Organization or other international partners, and the serious engagement of all involved in this process can strengthen the links between human rights and sexual and reproductive health, and contribute to national achievement of the highest attainable standard of health. PMID:20616975

  7. Legal questions of electricity rate payment boycotting and the defensive rights given against them

    International Nuclear Information System (INIS)

    Studentkowski, W.

    1981-01-01

    Even in case of a politically motivated retention of parts of the payments effected unlawfully and in violation of the contract, inspite of the duty of contracting according to Sect. 6 of the Energy Law, and of the resulting comitment to the principle of proportionality, a supply utility has the right to make use of its contractual rights to refuse to supply power completely (supply embargo) and to denounce the contract without giving any term of notice, independent of the amount of payments withheld until then. (orig./HP) [de

  8. European Fundamental Rights and Private Law : The Dutch System in the Context of Different Legal Families

    NARCIS (Netherlands)

    Colombi Ciacchi, Aurelia; Heiderhoff, Bettina; Lohsse, Sebastian

    2016-01-01

    The present chapter embeds the Dutch system of horizontal application of European fundamental rights in private law in the broader context of different groups (“families”) of European countries. Section 2 provides some definitions of “European fundamental rights”, “private law”, “vertical effect”,

  9. The Legal Rights and Educational Problems of Homeless Children and Youth.

    Science.gov (United States)

    Rafferty, Yvonne

    1995-01-01

    This article summarizes the educational rights of homeless children and youth afforded by the Stewart B. McKinney Homeless Assistance Act and describes the educational problems they confront, including academic underachievement and poor school attendance. Factors exacerbating the outcomes of homelessness are outlined. (SLD)

  10. The Legal Rights and Educational Needs of Homeless Children with Disabilities.

    Science.gov (United States)

    Rafferty, Yvonne

    This paper highlights the educational rights and needs of homeless children under both the McKinney Act and the Individuals with Disabilities Act. Section 1 explains the Stewart B. McKinney Homeless Assistance Act of 1987, which included the Education for Homeless Children and Youth Program mandating a free, appropriate public education for all…

  11. Human Rights Violations among Men Who Have Sex with Men in Southern Africa: Comparisons between Legal Contexts

    Science.gov (United States)

    Zahn, Ryan; Grosso, Ashley; Scheibe, Andrew; Bekker, Linda-Gail; Ketende, Sosthenes; Dausab, Friedel; Iipinge, Scholastica; Beyrer, Chris; Trapance, Gift; Baral, Stefan

    2016-01-01

    In 1994, South Africa approved a constitution providing freedom from discrimination based on sexual orientation. Other Southern African countries, including Botswana, Malawi, and Namibia, criminalize same-sex behavior. Men who have sex with men (MSM) have been shown to experience high levels of stigma and discrimination, increasing their vulnerability to negative health and other outcomes. This paper examines the relationship between criminalization of same-sex behavior and experiences of human rights abuses by MSM. It compares the extent to which MSM in peri-urban Cape Town experience human rights abuses with that of MSM in Gaborone, Botswana; Blantyre and Lilongwe, Malawi; and Windhoek, Namibia. In 2008, 737 MSM participated in a cross-sectional study using a structured survey collecting data regarding demographics, human rights, HIV status, and risk behavior. Participants accrued in each site were compared using bivariate and multivariate logistic regression. Encouragingly, the results indicate MSM in Cape Town were more likely to disclose their sexual orientation to family or healthcare workers and less likely to be blackmailed or feel afraid in their communities than MSM in Botswana, Malawi, or Namibia. However, South African MSM were not statistically significantly less likely experience a human rights abuse than their peers in cities in other study countries, showing that while legal protections may reduce experiences of certain abuses, legislative changes alone are insufficient for protecting MSM. A comprehensive approach with interventions at multiple levels in multiple sectors is needed to create the legal and social change necessary to address attitudes, discrimination, and violence affecting MSM. PMID:26764467

  12. THE CURRENT STATE OF LEGAL INSTITUTIONS PROTECTING THE RIGHTS OF JUVENILES IN RUSSIA

    OpenAIRE

    Yulia Hafizovna DAVYDOVA

    2015-01-01

    The article highlights the current state of the legislation on protection of the rights of under-aged. Much attention is paid to the formation of the juvenile justice system in the Russian Federation. We present problems related to law infringements by teenagers in various fields and their solutions, highlight the work and the development of juvenile courts in Russia, sum up the results of the implementation of juvenile technologies and their significance, gives the definition of the term «co...

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

    Directory of Open Access Journals (Sweden)

    Herlambang Perdana Wiratraman

    2015-08-01

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

  14. What Does the Right to Education Mean? A Look at an International Debate from Legal, Ethical, and Pedagogical Points of View.

    Science.gov (United States)

    Jover, Gonzalo

    2001-01-01

    Explores the legal, ethical, and pedagogical aspects of the right to education. Describes a study aimed at learning what the global attitudes are toward the right to an education. Discusses globalization and its effects on education and examines the impact of international caucuses such as the Convention of the Rights of the Child. (Contains 17…

  15. QR in V1--an ECG sign associated with right ventricular strain and adverse clinical outcome in pulmonary embolism.

    Science.gov (United States)

    Kucher, Nils; Walpoth, Nazan; Wustmann, Kerstin; Noveanu, Markus; Gertsch, Marc

    2003-06-01

    To test the hypothesis that Qr in V(1)is a predictor of pulmonary embolism, right ventricular strain, and adverse clinical outcome. ECG's from 151 patients with suspected pulmonary embolism were blindly interpreted by two observers. Echocardiography, troponin I, and pro-brain natriuretic peptide levels were obtained in 75 patients with pulmonary embolism. Qr in V(1)(14 vs 0 in controls; p or =1 mV (15 vs 1 in controls; p=0.0002) were more frequently present in patients with pulmonary embolism. Sensitivity and specificity of Qr in V(1)and T wave inversion in V(2)for predicting right ventricular dysfunction were 31/97% and 45/94%, respectively. Three of five patients who died in-hospital and 11 of 20 patients with a complicated course, presented with Qr in V(1). After adjustment for right ventricular strain including ECG, echocardiography, pro-brain natriuretic peptide and troponin I levels, Qr in V(1)(OR 8.7, 95%CI 1.4-56.7; p=0.02) remained an independent predictor of adverse outcome. Among the ECG signs seen in patients with acute pulmonary embolism, Qr in V(1)is closely related to the presence of right ventricular dysfunction, and is an independent predictor of adverse clinical outcome.

  16. Surface electrocardiogram detects signs of right ventricular pressure overload among acute-decompensated heart failure with preserved ejection fraction patients.

    Science.gov (United States)

    Martínez Santos, Paula; Vilacosta, Isidre; Batlle López, Elena; Sánchez Sauce, Beatriz; España Barrio, Elena; Jiménez Valtierra, Julia; de la Rosa Riestra, Adriana; Campuzano Ruiz, Raquel

    2016-01-01

    Pulmonary hypertension (PH) is a common finding among patients with heart failure and preserved ejection fraction (HFpEF) and contributes to develop right ventricular systolic dysfunction (RVSD). We evaluated the diagnostic accuracy of Flowers and Horan electrocardiographic criteria to detect significant right ventricular pressure overload. 123 patients were prospectively included. We used the Flowers and Horan (FH) ECG criteria to define RV enlargement (score >10). Echocardiographic measurements were performed blinded to the electrocardiographic results. Severe PH was found in 51.5%. Seventeen patients (16.5%) had a FH score >10 points. This was associated to RVSD (RR 2.66; 1.51-4.67 CI 95%, p=0.002), with 90.5% specificity and 34.4% sensitivity and to severe PH (RR 1.70; 1.16-2.50 CI 95%, p=0.028) with 91.9% specificity and 27.5% sensitivity. The ECG is a useful tool to classify HFpEF patients with echocardiographic signs of right ventricular pressure overload, in the absence of RBBB. Copyright © 2016 Elsevier Inc. All rights reserved.

  17. The Global Commission on HIV and the Law: recommendations for legal reform to promote sexual and reproductive health and rights.

    Science.gov (United States)

    El Feki, Shereen; Avafia, Tenu; Fidalgo, Tania Martins; Divan, Vivek; Chauvel, Charles; Dhaliwal, Mandeep; Cortez, Clifton

    2014-11-01

    The Global Commission on HIV and the Law was established in 2010 to identify and analyse the complex framework of international, national, religious and customary law shaping national responses to HIV and the well-being of people living with HIV and key populations. Two years of deliberation, based on an exhaustive review of international public health and human rights scholarship, as well as almost 700 testimonials from individuals and organizations in more than 130 countries, informed the Commission's recommendations on reform to laws and practices that criminalize those living with and vulnerable to HIV, sustain or mitigate violence and discrimination lived by women, facilitate or impede access to HIV-related treatment, and/or pertain to children and young people in the context of HIV. This paper presents the Commission's findings and recommendations as they relate to sexual and reproductive health and rights, and examines how the Commission's work intersects with strategic litigation on forced sterilization of women living with HIV, legal reform on the status of transgender individuals, initiatives to improve police treatment of female sex workers, and equal property rights for women living with HIV in sub-Saharan Africa and Latin America. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  18. Pre–Emption Right of Shareholders to Purchase Shares for Sale in Private Limited Liability Companies: The Problematic Legal Remedies

    Directory of Open Access Journals (Sweden)

    Virginijus Bitė

    2016-06-01

    Full Text Available This article analyses the problems that can arise when implementing the rights of shareholders in private limited liability companies to purchase the shares of another shareholder being for sale in priority to others and the possible legal remedies for violated rights. According to the practice of the Lithuanian Supreme Court, the rights of the buyer cannot be assigned to a private limited liability company shareholder whose pre-emption right to purchase the shares being for sale has been breached. However, in this article it is being argued that perhaps in certain exceptional cases, in order to create fair business practice and ensure a “tangible” result for the plaintiff in relation to the judgment, the court could (should take advantage of the freedom to maneuver and, by implementing justice, change the method of restitution (pertaining to the subject – assign the shares to the plaintiff (an aggrieved shareholder simultaneously creating an obligation on the same person to settle properly with the last owner of the disputed shares.

  19. EUROPEAN COURT OF HUMAN RIGHTS AS THE GUARANTOR OF LEGAL PROTECTION OF A HUMAN IN THE FIELD OF AVIATION ACTIVITIES OF UKRAINE

    Directory of Open Access Journals (Sweden)

    Yuriy Pyvovar

    2017-11-01

    Full Text Available Purpose: The effectiveness of human rights protection in the Council of Europe largely depends on activities of the European Court, which demonstrates high standards of justice, particularly in matters of human rights protection in the field of aviation activities. The article offers a critical assessment of Ukrainian national legislation in terms of its internal legal consistency and compliance with international legal acts. Methods: The methods of legal analysis are used to study court decisions in the aviation field; methods of comparative legal analysis, forecasting and dialectical - in the study of problems in the further improvement of Ukrainian legislation. Also in article applied the theory of legal comparative, approaches to applying the analogy of legal and law in process of making decisions on similar court cases. Results: The article deals with the analysis of the European Court of Human Rights jurisdiction on cases of protection of human rights in the field of aviation activities. Two groups of cases in which Ukraine is a defendant are identified: a cases of international concern (in particular the Malaysia Airlines’ Boeing 777-200ER crash; b cases of national character (citizens of Ukraine against the State of Ukraine. The author's position on deciding the cases in the field of aviation activities is based on the principles of respect for the European Convention on Human Rights, 1950. Discussion: The conclusion about the necessity of amending some national laws, taking into account the legal positions of the European Court (in particular, regarding the right of airlines workers to strike is made, and the fact that the issues of States and airlines activities to respect human and civil rights in the field of aviation activities are covered by jurisdiction of the European Court of Human Rights and occupy an important place in its practice is indicated.

  20. Corporate and public governances in transition: the limits of property rights and the significance of legal institutions

    Directory of Open Access Journals (Sweden)

    Jean-François Nivet

    2004-12-01

    Full Text Available Post-socialist transition raises crucial issues about the institutional setting of a market economy. The priority has been given to property rights, and privatization has been advocated as a means to depoliticize economic activities. The dismissal of external interventions, allied with the attraction to the American model and Hayekian ideas, often led to the introduction of minimal laws and wait for their evolutionary development. The failure of corporate and public governance, notably in Russia, helps to show why, on the contrary, democratically established legal rules are essential. Legislation should not only protect corporate shareholders and stakeholders, but more fundamentally all citizens against predatory collusive behavior of political, economic and criminal elites

  1. Pionierinnenarbeit für eine bessere Rechtsstellung der Frau Pioneer Work for Improved Legal Rights of Women

    Directory of Open Access Journals (Sweden)

    Ulrike Aichhorn

    2008-11-01

    Full Text Available Tanja-Carina Riedel hat mit ihrer veröffentlichten Dissertation Gleiches Recht für Frau und Mann ein Werk vorgelegt, das Rechtsgeschichte und Geschlechterforschung verbindet, indem es die Entstehung des Bürgerlichen Gesetzbuches (BGB aus dem Blickwinkel der bürgerlichen Frauenbewegung betrachtet. Durch die beeindruckende Darstellung der oft nur schwer zugänglichen Quellen wird eine Seite des BGB erschlossen, die kaum bekannt ist.In the publication of her dissertation Equal Rights for Woman and Man (Gleiches Recht für Frau und Mann, Tanja-Carina Riedel combines legal history with gender research by examining the origins of the German Civil Code (Bürgerliches Gesetzbuch or BGB from the perspective of the middle-class women’s movement. Her impressive presentation of the sources, which are often hard to approach, gives us access to a side of the BGB that is almost unknown.

  2. Getting nano tattoos right - a checklist of legal and ethical hurdles for an emerging nanomedical technology.

    Science.gov (United States)

    Bennett, Michael G; Naranja, R John

    2013-08-01

    The nano tattoo represents a nascent technology designed to be implanted in the skin to provide continuous and reliable glucose detection for diabetics. Its potential benefits are compelling not only for its ability to prevent diabetic complications and decrease related social costs, but also for its ease of use and relative patient-user comfort. This Note aims to articulate a checklist of fundamental intellectual property, bioethical and system design issues that are appropriately considered in the pre-clinical, pre-commercialization phase of nano tattoo development. Early and regular consideration of these factors can increase the odds of a societally beneficial dissemination of this device by engaging relevant researcher, medical, patient-user and patient-advocate communities concerned with its appropriate application, as well as policymaking communities focused on effectively managing diabetes-related healthcare costs. The checklist of factors includes fundamental issues and is generally applicable to nanomedical inventions. This paper presents a comprehensive list of fundamental intellectual property, bioethical, and system design issues to be considered in the pre-commercialization phase of nanomedicine development, through the specific example of nano tattoo development. Nano tattoo is designed to be implanted in the skin to provide reliable glucose monitoring for diabetics, enabling enhanced prevention of complications and decreased socioeconomic costs. Copyright © 2013 Elsevier Inc. All rights reserved.

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

    Directory of Open Access Journals (Sweden)

    Alexander Chuklin

    2017-01-01

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

  4. Legal Rights of Asbestos Exposure Victims. A Practical Legal Guide for People With Breathing and Other Medical Problems, Possibly Resulting from Exposure to Asbestos.

    Science.gov (United States)

    Silberfeld, Roman M.; Hecht, Richard L.

    This practical legal guide for people with breathing and other medical problems, possibly resulting from exposure to asbestos, provides 19 questions and detailed answers about Asbestosis and other diseases resulting from asbestos exposure. Included is information concerning symptoms, difficulty of diagnosis, necessity of a detailed…

  5. The Right to Internal Self-Determination in Peacebuilding Processes: A Reinterpretation of the Concept of Local Ownership from a Legal Perspective

    Directory of Open Access Journals (Sweden)

    EBRU DEMIR

    2017-06-01

    Full Text Available The right to internal self-determination offers a legal ‘checklist’ for the UN to provide both legitimacy and sustainability to peacebuilding processes. The right both clarifies the actors of post-conflict reconstruction and also concretises to what extent these actors should be incorporated into peacebuilding processes. Although the concept of local ownership has become an often-cited concept in peacebuilding literature, the legal ground of the concept (i.e. the right to internal self-determination has been disregarded. This paper aims to reveal the legal aspect of the concept of local ownership and thus, attaches the right to internal self-determination with local ownership.

  6. Analysis of surveying and legal problems in granting right-of-way and expropriation for the purpose of locating technical infrastructure

    Science.gov (United States)

    Trembecka, Anna

    2016-06-01

    A condition which determines the location of technical infrastructure is an entrepreneur holding the right to use the property for construction purposes. Currently, there are parallel separate legal forms allowing the use of a real property for the purpose of locating transmission lines, i.e. transmission easement (right-of-way) established under the civil law and expropriation by limiting the rights to a property under the administrative law. The aim of the study is to compare these forms conferring the right to use real properties and to analyze the related surveying and legal problems occurring in practice. The research thesis of the article is ascertainment that the current legal provisions for establishing legal titles to a property in order to locate transmission lines need to be amended. The conducted study regarded legal conditions, extent of expropriation and granting right-of-way in the city of Krakow, as well as the problems associated with the ambiguous wording of the legal regulations. Part of the research was devoted to the form of rights to land in order to carry out similar projects in some European countries (France, Czech Republic, Germany, Sweden). The justification for the analysis of these issues is dictated by the scale of practical use of the aforementioned forms of rights to land in order to locate technical infrastructure. Over the period of 2011-2014, 651 agreements were concluded on granting transmission right-of-way for 967 cadastral parcels owned by the city of Krakow, and 105 expropriation decisions were issued, limiting the use of real properties in Krakow.

  7. The History of Development of Land Registration and Ownership Rights in Kosovo, Legal Challenges During the Years 1912-2014

    Directory of Open Access Journals (Sweden)

    LL.M. Blerta Rudi

    2014-06-01

    Full Text Available Knowing that the registration of ownership rights is very important institute for legal and economic system of Kosovo, for its constitutive effect in gaining of ownership rights, protection of property rights of the owner and which enables effective management of the land, in order to understand its development, is necessary to turn back to history. Regarding to this, Kosovo is not known for an early origin and consolidated system of land registration until Twentieth Century; even afterwards, its development was influenced by many socio-economic and political factors. The review of the historical development of land records deserves a detailed study in Kosovo due to its complexity through the years, so in order to understand more accurately the footsteps of regimes, it is necessary to examine periods until 1912, 1912-1999 and 1999 till now days, because the elaboration of normative acts that arranged registration over the years, enable the readers to create a clear overview related to advances and characteristics of each stage of its development,therefore the differences and similiarities can be noticed clearly through descriptive and comparison method. Especially postwar period is characterized by major advances and essential changes as: Approval of Constitution and abrogation of old system. These changes contained fairly challenges, but important is that the situation normalized and is moving towards positive trends of legislative development. Actually, in Kosovo, property rights are receiving deserved attention, but it is somewhat worrying the emphasizing lack of the review of the registration, reason that encouraged me to elaborate this topic in order to gain more knowledge about the institute of registration system and complexities that accompanies it.

  8. Public Participation and the Rights of the Child: Reflection on International Law Standards in the Legal System of the Russian Federation

    Directory of Open Access Journals (Sweden)

    Mariya Riekkinen

    2016-01-01

    Full Text Available This article deals with the much debated issue of children’s public participation from the perspective of legal practices in the Russian Federation. Having emerged at the level of national jurisdictions, the practice of engaging minors in decision-making processes on issues of public significance – or the practice of public participation of children – is stipulated by the UN Committee on the Rights of the Child, based on Article 12 of the UN Convention on the Rights of the Child. Public participation of minors implies that children have clearly defined opportunities to take part in decision-making processes concerning those political and public matters affecting their interests.Albeit limited by the clause “regarding the issues concerning them,” the claims for such participation are dictated by emerging standards of international law. The author has examined the process of devising these standards in Russian public law. Moreover, an analysis of the evolution of academic views on public participation of children in Russian legal scholarship is also included in this article.Relying extensively on the method of legal analysis and the comparative analysis of the conformity of national public law standards with respect to international law, the author proposes several legal amendments to the Federal law “On the Basic Guarantees of the Rights of the Child in the Russian Federation,” which would lead to anchoring more solidly the participatory right of minors in the legal system of the Russian Federation.

  9. Legal pluralism, hydraulic property creation and sustainability: the materialized nature of water rights in user-managed systems

    NARCIS (Netherlands)

    Boelens, R.; Vos, J.

    2014-01-01

    Worldwide, most irrigation systems are managed by farmer collectives, in contexts of legal pluralism. National and supranational legislation and policy-making, however, focus on governance frameworks established by State and market actors. Consequently, development planning often ignores farmers’

  10. A legal-ethical analysis of reproductive endocrinologists' right to refuse ovulation induction to patients with diminished ovarian reserve.

    Science.gov (United States)

    Karipcin, Fethiye Sinem; Hossain, Amjad; Phelps, John Y

    2011-11-01

    Review of the legal and ethical basis for reproductive endocrinologists to refuse ovulation induction to patients with diminished ovarian reserve. The Lexis-Nexis search engine was used to perform a legal review pertaining to refusal of treatment. Ethical opinions of medical organizations were also reviewed. Federal antidiscrimination laws provide legal recourse for patients with diminished ovarian reserve who are denied ovulation induction. However, the same laws also permit refusal of care when there is bona fide medical justification to decline services. In addition, the codes of ethics for relevant professional organizations support physicians' decisions to refuse treatment when treatment is futile. Although it is ethically and legally permissible to deny ovulation induction to patients with diminished ovarian reserve when medically justified, refusal may invite retaliatory litigation. Counseling remains a cornerstone in directing these patients to options with more potential for success, such as donor eggs and adoption.

  11. Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia

    OpenAIRE

    Saldi Isra; Ferdi Ferdi; Hilaire Tegnan

    2017-01-01

    It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom) and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preemi...

  12. The Current State of the System of Mechanisms of Realisation and Protection of the Rights of the Child: Conceptual and Legal Aspects

    Science.gov (United States)

    Drozdova, Alexandra Michailowna; Gulakova, Violetta Yurevna; Ivanchenko, Elena Anatolevna; Lesnichenko, Inna Pavlovna; Tereshchenko, Elena Anatolevna

    2016-01-01

    The article is devoted to the analytical understanding of the problems in the field of realisation and protection of the rights of children in Russia to identify and highlight existing problems in order to try to remove shortcomings and embark on further development and improvement of the legal and social mechanisms for the protection of…

  13. Health and legal literacy for migrants: twinned strands woven in the cloth of social justice and the human right to health care.

    Science.gov (United States)

    Vissandjée, Bilkis; Short, Wendy E; Bates, Karine

    2017-04-13

    Based on an analysis of published literature, this paper provides an over-view of the challenges associated with delivering on the right to access quality health care for international migrants to industrialized countries, and asks which group of professionals is best equipped to provide services that increase health and legal literacy. Both rights and challenges are approached from a social justice perspective with the aim of identifying opportunities to promote greater health equity. That is, to go beyond the legal dictates enshrined in principles of equality, and target as an ethical imperative a situation where all migrants receive the particular assistance they need to overcome the barriers that inhibit their equitable access to health care. This assistance is especially important for migrant groups that are further disadvantaged by differing cultural constructions of gender. Viewing the topic from this perspective makes evident a gap in both research literature and policy. The review has found that while health literacy is debated and enshrined as a policy objective, and consideration is given to improving legal literacy as a means of challenging social injustice in developing nations, however, no discussion has been identified that considers assisting migrants to gain legal literacy as a step toward achieving not only health literacy and improved health outcomes, but critical participation as members of their adoptive society. Increasing migrant health literacy, amalgamated with legal literacy, aids migrants to better access their human right to appropriate care, which in turn demonstrably assists in increasing social engagement, citizenship and productivity. However what is not evident in the literature, is which bureaucratic or societal group holds responsibility for assisting migrants to develop critical citizenship literacy skills. This paper proposes that a debate is required to determine both who is best placed to provide services that increase health

  14. Voice or Voice-Over? Harnessing the Relationship between a Child’s Right to Be Heard and Legal Agency through Norwegian Bullying Cases

    Directory of Open Access Journals (Sweden)

    Sevda Clark

    2017-09-01

    Full Text Available This article offers an analysis of the child’s right to be heard under Article 12 of the Convention on the Rights of the Child and its application in Norway, through a case study of bullying. The methodology combines a “top-down” legal interpretation of Article 12 in addition to an analysis of Section 9a of the Education Act, juxtaposed with bottom-up approaches. First, a legal analysis of Article 12 and the General Comments of the Convention on the Rights of the Child Committee is provided, with a view to demonstrating the strength of the connection between agency and voice. Looking from the bottom up, therefore, the article then pursues the voices of the bullied children themselves. It places its ear to the ground, so to speak, through an examination of complaints submitted by children to the Ombudsman for Children, in order to “hear” the voices of children subjected to bullying at school, before they are formulated in legal terms before judicial bodies. Finally, I offer a close reading of the report on Section 9a commissioned by the Norwegian Government, published in a 2015 Report (the “Djupedal Report” in tandem with the leading Supreme Court 2012 decision on bullying, so as to critically examine the fulfilment of Article 12 in Norway. In the final analysis, I argue that in Norwegian bullying cases, though the child has the legal right to be heard, there is no voice, due to the limitations of legal agency for children pursuant to Article 12 of the Convention on the Rights of the Child.

  15. Foundations of Modern Legal Thought: the Primacy of Right and the Form of Validity as the Mode of Existence of Law

    OpenAIRE

    Afredo Bergés

    2013-01-01

    The aim of the present article is to show the specificity of the modern legal thought that elevates the activity of free will to the principle of law. Since the ultimate source of all normativity, according to the pre-modern legal thought, lies beyond human activity, man is considered to be under a givenobligation towards the source from which all rights and duties originate: «nature» imposes its law uponman. Such a pre-modern grounding of norms immediately opens up the possibility of denying...

  16. Know-how provider’s right to claim damages for non-pecuniary loss in light of the legal nature of know-how

    OpenAIRE

    Tuğçe Oral

    2017-01-01

    The know-how contract is one of the most important means for transferring and developing technology. It is crucial to find out whether the parties of know-how contract have a right to claim damages for non-pecuniary loss in light of the legal nature of knowhow. In this article, I begin by defining the know-how contracts and in particular I will analyze the main obligations of the parties. Secondly, I will deal with the definition and the legal nature of know-how, since considerable uncertaint...

  17. A call for minds: the unknown extent of societal influence on the legal rights of involuntarily and voluntarily committed mental health patients.

    Science.gov (United States)

    Cannistraro, Teresa

    2010-01-01

    This article begins and ends with a call for more empirical research to understand the connection between societal views of mental illness and the legal system. The author asserts that changing social perceptions of mental illness certainly affect legal outcomes and commitment levels, but the degree remains unknown. This article explores the above two topics through the framework of the Circuit Court 'split' regarding the Constitutional rights of persons committed to state mental health institutions. A main facet of the 'split' is centered on the Circuits' disagreement about whether or not all mentally ill patients committed to institutions deserve the same Constitutional protections.

  18. The Right of the Accused in Saudi in Criminal Procedure during Investigation Process and Arbitrary Dentation and Prohibits Torture and Protects the Rights of Suspects to Obtain Legal Council

    Directory of Open Access Journals (Sweden)

    Mohmed Alqahtani Faten

    2018-01-01

    Full Text Available Saudi Arabia has recent in years pass several important legislations to ensure a fair and balanced justice system, including: 1 The Law of Procedure Before Sharia Courts of September 2001, which grants defendants the right to legal representation and outlines the process by which please, evidence and experts are heard by the courts. 2 The Code of Law Practice of January 2001, which outlines requirements necessary to become an attorney and defines the duties and right of lawyers, including the right of attorney-client privilege. 3 The Law of Criminal Procedure of May 2001, which protects a defendant right with the regard to interrogation, investigation, and incarceration; outlines a series of regulations that justice and law enforcement authorities must follow during all stages of legal process, from arrest and interrogation to trial and sentencing; prohibits torture and protects the right of suspects to obtain legal counsel; and limits the period of arbitrary detention. The main objective of this study is to examine the operation of the criminal justice system in Saudi Arabia in light of the international human rights standards pertaining to the administration of justice. It involves the international human rights treaties and focuses mainly on the instruments in which the right to a fair trail in Saudi Arabia.

  19. From civil interdiction to supported decision-making: a necessary change in the recognition of legal capacity and human rights of people with disabilities

    Directory of Open Access Journals (Sweden)

    Cícero Pereira Alencar

    2016-08-01

    Full Text Available This article discusses the legal and social impact of the internalization, within the Brazilian law, of the Convention on the Rights of Persons with Disabilities (CRPD, 2008 and its regulations - through the Brazilian Law on the Inclusion of Persons with Disabilities (LBI. The focus of the analysis is the recognition of the legal capacity and the effectiveness of the human rights of persons with disabilities and their impact on legal institutions of guardianship and civil interdiction. To this end, a bibliographical and documentary research was conducted and, based on the theory of social justice, by Martha C. Nussbaum, embedded on the concept of capacity, as well as the critical theory of human rights, by Joaquín Herrera Flores. Our goal was to investigate whether the Brazilian Courts of Appeal had applied the CRPD. In theory, the higher the observance of the Convention, the greater the recognition of the autonomy and legal capacity of persons with disabilities; and thus lower the number of the cases of civil interdiction. The results obtained from the analysis of the data from the Court of Appeal of the state of Minas Gerais, from the period of 2010-2014, indicate findings on the opposite direction.

  20. Aguas Diversas. Derechos de agua y pluralidad legal en las comunidades andinas = Diverse Waters. Water rights and legal pluralism in Andean communities

    NARCIS (Netherlands)

    Boelens, R.A.

    2009-01-01

    Water rights and property relations have become pivotal issues in water debates, reforms and intervention programs. Governments, development agencies and expert centers tend to consider 'water rights' as merely standard black boxes that juxtapose the frameworks of positivist technical and economist

  1. Assisted suicide: Models of legal regulation in selected European countries and the case law of the European Court of Human Rights.

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

    This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. © The Author(s) 2014.

  2. Know-how provider’s right to claim damages for non-pecuniary loss in light of the legal nature of know-how

    Directory of Open Access Journals (Sweden)

    Tuğçe Oral

    2017-12-01

    Full Text Available The know-how contract is one of the most important means for transferring and developing technology. It is crucial to find out whether the parties of know-how contract have a right to claim damages for non-pecuniary loss in light of the legal nature of knowhow. In this article, I begin by defining the know-how contracts and in particular I will analyze the main obligations of the parties. Secondly, I will deal with the definition and the legal nature of know-how, since considerable uncertainty exists as to the degree or type of protection regarding the legal nature of know-how. There are different opinions put forward, which defines the legal nature of know-how as a property, an intangible asset, a monopoly of fact and a personality right. Finally, and on the basis of the conclusion reached under the previous section, I will discuss whether it is possible for know-how provider to claim damages for non-pecuniary loss.

  3. Legal and policy lessons from the Schiavo case: is our right to choose the medical care we want seriously at risk?

    Science.gov (United States)

    Lazzarini, Zita; Arons, Stephen; Wisniewski, Alice

    2006-06-01

    The article explores the individual patient's right to refuse, withdraw, or insist on medical treatment where there is conflict over these issues involving health care personnel or institutions, family members, legal requirements, or third parties concerned with public policy or religious/ideological/political interests. Issues of physician assistance in dying and medical futility are considered. The basis and the current legal status of these rights is examined, and it is concluded that threats to the autonomy of patients, to the privacy of the doctor/patient relationship, and to the quality of medical care should be taken seriously by individuals, medical practitioners, and others concerned with developing and maintaining reasonable, effective, and ethical health care policy.

  4. Three generations of human rights of women in the 20th century : an analysis of international legal documents

    OpenAIRE

    Birdal, Sevcan

    2014-01-01

    Ankara : The Department of International Relations İhsan Doğramacı Bilkent University, 2014. Thesis (Master's) -- Bilkent University, 2014. Includes bibliographical references leaves 129-142 This thesis focuses on the generations of human rights of women based on Vasak’s notion of three generations of human rights - in which the first generation rights refer political and civil rights; the second generation rights include economic, social and cultural rights while the third ...

  5. The Right to Education in the International Regulations on Protection of Human Rights and its regulation in the National Legal System : Preliminary Analysis from the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights

    Directory of Open Access Journals (Sweden)

    Maria Creusa de Araújo Borges

    2016-05-01

    Full Text Available We examine, in this article, the question of the right to education, from the Univer- sal Declaration of Human Rights (1948 and the International Covenant on Economic, Social and Cultural Rights (1966. In the Brazilian national law, they are analyzed the Federal Constitution of 1988 and the Law of Guidelines and Bases of National Educa- tion, 1996, regarding the regulation of education matter, in coordination with the inter- national instruments in question. It is noteworthy that the regulation of the matter at the national level, is influenced by the recognition of this right in international norms, but advances in the recognition of the right to higher education of marginalized social groups, expanding the mandatory gratuity and beyond elementary school because in the Brazilian case, basic education is compulsory and the principle of free governs the entire education system in official establishments. Set up in this way, the existence of an essential core regarding the right to education, which is fully chargeable.

  6. Atrial septal aneurysm associated with additional cardiovascular comorbidities in two middle age female patients with ECG signs of right bundle branch block: two case reports

    OpenAIRE

    Bakalli, Aurora; Kamberi, Lulzim; Pllana, Ejup; Gashi, Afrim

    2008-01-01

    Introduction Atrial septal aneurysm (ASA) is often associated with other atrial septal abnormalities, particularly with atrial septal defect type ostium secundum or patent foramen ovale. ECG signs of incomplete or complete right bundle branch block are known to be associated with atrial septal defects, however such correlation with other atrial septal abnormalities is not documented. Case presentations We report here two cases of middle age female patients that presented with dyspnea on physi...

  7. Imaginary on International Migrants’ Human Rights in the Legal System: Some Limitations to the Principle of Universality in the Case of Argentina

    Directory of Open Access Journals (Sweden)

    Anahí Patricia González

    2017-06-01

    Full Text Available The purpose of this study is to analyze social representations of members of the legal system about human rights of international immigrants arrived to Argentina in the second half of 20th century. A qualitative methodological strategy was implemented; semistructured interviews to members of the legal institution of Buenos Aires metropolitan area were used. The interviews were transcribed and processed with qualitative criteria by implementing the Strauss and Corbin's (2002 methodology. This article analyses two relevant dimensions: citizens’ rights and migration policies. Among the main findings in the discourse of the subjects interviewed, it can be said that negative social representations about foreign people and their arrival to the country prevail. Even though there is a gradient of opinions whose extremes meet. On the one hand, there are those affirming equality (formal in the access to all rights for native and migrant population. On the other hand, there are those who propose the priority of access to these rights for native subjects. The principle of universality from a human rights perspective is dwarfed when compared to the position of those who consider the migration control, the restriction of the arrival of migrants, and the closure of national borders as essential

  8. Legal rights to safe abortion: knowledge and attitude of women in North-West Ethiopia toward the current Ethiopian abortion law.

    Science.gov (United States)

    Muzeyen, R; Ayichiluhm, M; Manyazewal, T

    2017-07-01

    high-impact interventions that would trigger women to understand and exercise their legal rights to safe abortion and other reproductive health securities. Copyright © 2017 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.

  9. A legal perspective on reproductive health and gender-specific ...

    African Journals Online (AJOL)

    A legal perspective on reproductive health and gender-specific human rights in Nigeria. ... Journal of Medicine and Biomedical Research ... The concept of human rights is very fundamental to society and is based on international instruments signed and ratified by sovereign States after the Second World War. In general ...

  10. Fear of communicating fear versus fear of terrorism: A human rights violation or a sign of our time?

    Science.gov (United States)

    Anyanwu, Chika

    2018-02-01

    At its very first session, the United Nations General Assembly, adopted Resolution 59(I) which states that "freedom of information is a fundamental human right and … the touchstone of all the freedoms to which the United Nations is consecrated". In 1948, it proclaimed the Universal Declaration of Human Rights in Paris. Article 19 of that Declaration states that "everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers". When we place these basic human rights against current global terror threats, and consequent restrictive antiterror legislations to combat them, the question becomes whether Article 19 is still relevant in the context of today's changed security landscape. The aim of this paper is to explore ways that anti-terror legislations can balance between national security, and the protection of freedom of information.

  11. Legal and ethical standards for protecting women's human rights and the practice of conscientious objection in reproductive healthcare settings.

    Science.gov (United States)

    Zampas, Christina

    2013-12-01

    The practice of conscientious objection by healthcare workers is growing across the globe. It is most common in reproductive healthcare settings because of the religious or moral values placed on beliefs as to when life begins. It is often invoked in the context of abortion and contraceptive services, including the provision of information related to such services. Few states adequately regulate the practice, leading to denial of access to lawful reproductive healthcare services and violations of fundamental human rights. International ethical, health, and human rights standards have recently attempted to address these challenges by harmonizing the practice of conscientious objection with women's right to sexual and reproductive health services. FIGO ethical standards have had an important role in influencing human rights development in this area. They consider regulation of the unfettered use of conscientious objection essential to the realization of sexual and reproductive rights. Under international human rights law, states have a positive obligation to act in this regard. While ethical and human rights standards regarding this issue are growing, they do not yet exhaustively cover all the situations in which women's health and human rights are in jeopardy because of the practice. The present article sets forth existing ethical and human rights standards on the issue and illustrates the need for further development and clarity on balancing these rights and interests. Copyright © 2013 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  12. Radiological sign of the hilus from the left lung large than the right one in valvular pulmonic stenosis. Presentation of 30 cases

    International Nuclear Information System (INIS)

    Medeiros Sobrinho, J.H. de; Luiz, C.; Perozo, D.; Cedeno, R.; Silva, M.V.D. da; Fontes, V.F.

    1982-01-01

    Thirty cases of valvular pulmonic stenosis are reported 19 with isolated valvular pulmonic stenosis, ten associated with atrial septal defect and one associated with ventricular septal defect in which the roentgenologic sign of the left hilus was larger than the right one in the frontal and oblique ROP and LOP positions. The presence of the roentgenologic sign was positive in 23 of the 30 cases (76 %). It was found in all three positions in 12 cases, only in the ROP and LOP in 11 cases, and absent in seven cases, almost all in children. As for what causes the dilatation in left branch of the pulmonary artery, we believe, based on the opinion of some authors and on cineangiocardiography that it results from the anatomical disposition or the pulmonary trunk and its branches so that blood flow through the stenotic valve is predominantly directed to the left branch. (author)

  13. Commentary (amending the legal characterization of the facts at trial stage in the International Criminal Court and the defendant's right to a fair trial)

    DEFF Research Database (Denmark)

    Cullen, Miriam

    2017-01-01

    (2) of the Regulations of the Court”, Situation In The Democratic Republic Of The Congo In The Case Of The Prosecutor V.Thomas Lubanga Dyilo, Case No. ICC-01/04-01/06-2205, A.Ch., 8 December 2009. Regulation 55 of the Regulations of the International Criminal Court draws on a civil law tradition which allows the legal...... characterization of the facts to be amended while criminal proceedings are on foot. Great care must be taken in its implementation. Our due process alarm bells should start to ring the moment the purpose of putting an end to impunity begins to override fundamental human rights. No matter how commendable the goal...

  14. Analysis of rural intersection accidents caused by stop sign violation and failure to yield the right-of-way

    Science.gov (United States)

    2000-09-01

    The objectives of this study were to (1) identify the factors that contribute to accidents caused by failure to stop and failure to yield the right-of-way at rural two-way stop-controlled intersections on the state highway system, and (2) determine w...

  15. Reforming Copyright in the Context of Exercise of the Human Right to Free Expression on the Internet: An Actual Problems of the Modern International Legal Politics

    Directory of Open Access Journals (Sweden)

    Irina V. Shugurova

    2015-12-01

    Full Text Available The authors discuss major trends in the area of reforming of copyright in the light of full exercise of internationally recognized human right to expression regarding the digital environment, especially the Internet, and demonstrate the significant situation when intellectual property rights, mainly author’s exclusive rights, build a lot of troubles for the information human rights. The article also looks at the changes in the understanding the relation between copyright and the human right to freedom of expression and information on the Internet. Much attention is paid to new moments in the modern doctrine of intellectual property that is inspired by process of digitization of author’s rights. There is conducted the approach to addressing copyright as one of the digital human rights resulted from property rights and right of creators to protection of their moral and economic interests. However, authors of the article departure from postulate that copyright is the human rights to a certain degree only. Moreover, this article examines the international legal approach to seeking the balance between the human right to freedom of expression, opinion and information, on the one hand, and copyright, especially as regards the Internet, on the other hand. There has been argued that key role in elaborating and adopting the principled standards in this sphere belongs to international law, including international law of human rights. In addition, the latter, as authors have ascertained, must correspond to international law of intellectual property rights, international information law, and international competition law. The study focus on various aspects of solving the problem of adapting copyright to the digital environment.

  16. The Legal Rights of LGBT Youth in State Custody: What Child Welfare and Juvenile Justice Professionals Need to Know

    Science.gov (United States)

    Estrada, Rudy; Marksamer, Jody

    2006-01-01

    Youth in state custody, regardless of their sexual orientation or gender identity, have federal and state constitutional and statutory rights. These rights guarantee a young person safety in their placement as well as freedom from deprivation of their liberty interest. Many lesbian, gay, bisexual, and transgender (LGBT) youth have these rights…

  17. Property, legal pluralism, and water rights: the critical analysis of water governance and the politics of recognizing “local” rights

    NARCIS (Netherlands)

    Roth, D.; Boelens, R.A.; Zwarteveen, M.Z.

    2015-01-01

    In this paper we assess the impact of Franz von Benda-Beckmann's work in the field of water rights. We argue that his contributions to understanding water, a field dominated by engineers and economists, cannot be overestimated. Over the years, Franz's nuanced and empathic anthropological attitude,

  18. [International legal policy in the sphere of protection of the rights of people with mental disorders and Russian legislation].

    Science.gov (United States)

    Khizhnyak, V S; Otstavnova, E A

    2015-01-01

    Protection of human rights is a matter of priority for the international and Russian legislation. The State is responsible for respect of corresponding principles. Main documents on human rights were accepted by the United Nations and then by the European Council and WHO. They were generalized to psychiatric patients as well. In the Russian Federation, the main law concerning the rights of people with mental disorders is the law «On Psychiatric Care and Guarantees of Citizens. Rights during Its Provision» (1992). The authors pointed out that some fields of its implementation are not adequately explored in comparison to international situation on the protection of rights of patients with mental disorders.

  19. Rights

    African Journals Online (AJOL)

    About 20 percent of Malawians are Moslems (CIA 2001). 5 . 'Property grabbing” occurs when the relatives of a deceased man take all matrimo- nial property, leaving the widow and children with hardly anything (WLSA 2000). References. Armstrong, Alice. 1993. 'lnternalising International Women's Rights Norms', in.

  20. LEGAL ANALYSIS OF ARTICLE 7 OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: CHILDREN WITH DISABILITIES

    Directory of Open Access Journals (Sweden)

    IGNACIO CAMPOY CERVERA

    2017-12-01

    Full Text Available The aim of this article is to carry out an in-depth analysis of Article 7, “Children with disabilities”, of the Convention on the Rights of Persons with Disabilities. First of all it is explained how the Article 7 is the result of two different models of human rights: the “renewed” protectionism in relation with the children’s rights and the social model in relation with the rights of persons with disabilities. After, it is explained how was the development of the creation of Article 7 within the Ad Hoc Committee which was created for the elaboration of the Convention. In an extensive section it is analysed the wording of Article 7, particularly taking account of the General Comments of the Committee on the Rights of Persons with Disabilities and the Committee on the Rights of the Child. Finally, the analysis of the meaning and scope of Article 7 is completed, taking into account other articles of the Convention and the jurisprudence of the European Court of Human Rights.

  1. Foundations of Modern Legal Thought: the Primacy of Right and the Form of Validity as the Mode of Existence of Law

    Directory of Open Access Journals (Sweden)

    Afredo Bergés

    2013-12-01

    Full Text Available The aim of the present article is to show the specificity of the modern legal thought that elevates the activity of free will to the principle of law. Since the ultimate source of all normativity, according to the pre-modern legal thought, lies beyond human activity, man is considered to be under a givenobligation towards the source from which all rights and duties originate: «nature» imposes its law uponman. Such a pre-modern grounding of norms immediately opens up the possibility of denying one anyright (slavery if one has not full filled their fundamental duty. When traditional sources of normativity lose their efficiency and credibility, it becomes necessary to resort to an immanent principle: the activity of the autonomous subject. This principle is the true foundation of the «original, inalienable right» of man. Law isa construction that is valid only insofar as it is an adequate actualization of the concept of freedom.

  2. Recognizing a fundamental liberty interest protecting the right to die: an analysis of statutes which criminalize or legalize physician-assisted suicide.

    Science.gov (United States)

    Tarnow, W J

    1996-01-01

    Physician-assisted suicide is one of the most controversial issues in society today. We live in an age where medical technology has developed so fast and so far that those who would have swiftly succumbed to deadly diseases in the not too distant past are now living, or, rather, being kept alive long past the point of meaningful existence. Although everyone sympathizes with the painful plight of the terminally ill, the specter of physician-assisted suicide gives many pause, and rightfully so: one need only think of the carbon monoxide contraption in the back of Dr. Death's infamous van to realize that society must address the issue of the right to die. Is there any solution to this great debate? In this note, Mr. William Tarnow passionately answers in the affirmative. Mr. Tarnow analyzes the constitutionality of state statutes which either criminalize or legalize physician-assisted suicide under both the Due Process and Equal Protection Clauses of the Constitution of the United States. The note also considers the case law, largely from the federal Ninth Circuit Court of Appeals, invalidating and upholding such statutes under the Constitution. Arguing that there is indeed a constitutional liberty interest in physician-assisted suicide, Mr. Tarnow concludes by suggesting that state legislatures can and must create legislation that legalizes physician-assisted suicide and passes constitutional muster.

  3. SIGNS The sandwich sign

    African Journals Online (AJOL)

    appearance of necrosis or rim enhancement, as typically seen in TB.1. This theory was refuted by a single study in 2008 by Lien et al. which documents biopsy-proven non-lymphomatous causes of the sandwich sign.4 The authors reported that in addition to lymphoma being the most common cause of the sandwich sign, ...

  4. Men and talk about legal abortion in South Africa: equality, support and rights discourses undermining reproductive 'choice'.

    Science.gov (United States)

    Macleod, Catriona Ida; Hansjee, Jateen

    2013-01-01

    Discursive constructions of abortion are embedded in the social and gendered power relations of a particular socio-historical space. As part of research on public discourses concerning abortion in South Africa where there has been a radical liberalisation of abortion legislation, we collected data from male group discussions about a vignette concerning abortion, and newspaper articles written by men about abortion. Our analysis revealed how discourses of equality, support and rights may be used by men to subtly undermine women's reproductive right to 'choose' an abortion. Within an Equal Partnership discourse, abortion, paired with the assumption of foetal personhood, was equated with violating an equal heterosexual partnership and a man's patriarchal duty to protect a child. A New Man discourse, which positions men as supportive of women, was paired with the assumption of men as rational and women as irrational in decision-making, to allow for the possibility of men dissuading women from terminating a pregnancy. A Rights discourse was invoked to suggest that abortion violates men's paternal rights.

  5. The fate of the Data Retention Directive: about mass surveillance and fundamental rights in the EU legal order

    NARCIS (Netherlands)

    Marin, Luisa; Mitsilegas, Valsamis; Bergstrom, Maria; Konstadinides, Theodore

    2016-01-01

    The chapter explores the fate of the Data Retention Directive, the Digital Rights Ireland case and its implications for mass surveillance and data protection. After the Introduction, setting the issue within the context of Snowden’s revelations, the chapter presents the Data Retention Directive and

  6. Atrial septal aneurysm associated with additional cardiovascular comorbidities in two middle age female patients with ECG signs of right bundle branch block: two case reports

    Science.gov (United States)

    Bakalli, Aurora; Kamberi, Lulzim; Pllana, Ejup; Gashi, Afrim

    2008-01-01

    Introduction Atrial septal aneurysm (ASA) is often associated with other atrial septal abnormalities, particularly with atrial septal defect type ostium secundum or patent foramen ovale. ECG signs of incomplete or complete right bundle branch block are known to be associated with atrial septal defects, however such correlation with other atrial septal abnormalities is not documented. Case presentations We report here two cases of middle age female patients that presented with dyspnea on physical effort, right bundle branch block (RBBB) on ECG and ASA combined with other cardiac disorders. Transesophageal echocardiography revealed additional information to the ones obtained by surface echocardiography, in both cases. Conclusion ASA associated with RBBB on ECG may serve as a hint for the presence of additional cardiac abnormalities, thus rousing the demand for a detailed cardiac investigation. PMID:18638415

  7. Buying power and human rights in the supply chain: legal options for socially responsible public procurement of electronic goods

    OpenAIRE

    Martin-Ortega, Olga; Outhwaite, Opi; Rook, William

    2015-01-01

    Several scandals involving well-known electronics brands have highlighted the exploitative and unsafe conditions under which many workers operate in the industry’s long and complex supply chains. As large-scale consumers of electronic goods, public buyers potentially hold significant leverage over the behaviour of their suppliers through their buying power. Consequently, public procurement has the potential to be a significant influence on these supply chains and ultimately the human rights o...

  8. A legal text with a single “Dapat”: Looking for deontic modality in the Filipino translation of the Universal Declaration of Human Rights (UDHR

    Directory of Open Access Journals (Sweden)

    Janus Ruel T. Cabazares

    2016-12-01

    Full Text Available In the Filipino version of the Universal Declaration of Human Rights (UDHR, only a single deontic modal marker is found, a curious absence given that such a category conveys the performative function crucial to the language used in laws. Regardless of the current attitude against seeking equivalence in translation analysis, questioning the semantics of the target text (TT is a necessary endeavour for the translation of legal texts, whether or not the relevant linguistic features of the TT language contribute to or facilitate the expression of any of the properties of deontic modality (DM. To this end, the paper analyzes the Filipino translation of the UDHR to look for this type of semantic category. The analysis of the TT focuses on three important points: [1] use of the prospective aspect does not contribute to the expression of the necessary features of DM, notwithstanding their shared notion of futurity; [2] volition, an essential part of DM, is implied by the transitivity triggered by the TT verb voice, but the source and perspective of the volition is different; and [3] use of the modal marker dapat (i.e., necessary carries the primary features of DM. The paper suggests that the consistent use of this modal marker can assign a performative function to the TT, a trait that helps define the source text (ST as a legal text. The study can offer helpful points to translators of legal documents and other forms of technical translation. The methods used can help future translation analyses by providing conceptual tools for the semantic comparison of the linguistic traits of an ST and TT, particularly the semantic representation of Filipino sentences including the transitivity of the verb and modality. Ultimately, the study hopes to contribute to quality translations of text as part of promoting the intellectualization of Filipino and other Philippine languages.

  9. Legal protection of the right to work and employment for persons with mental health problems: a review of legislation across the world.

    Science.gov (United States)

    Nardodkar, Renuka; Pathare, Soumitra; Ventriglio, Antonio; Castaldelli-Maia, João; Javate, Kenneth R; Torales, Julio; Bhugra, Dinesh

    2016-08-01

    The right to work and employment is indispensable for social integration of persons with mental health problems. This study examined whether existing laws pose structural barriers in the realization of right to work and employment of persons with mental health problems across the world. It reviewed disability-specific, human rights legislation, and labour laws of all UN Member States in the context of Article 27 of the UN Convention on the Rights of Persons with Disabilities (CRPD). It wes found that laws in 62% of countries explicitly mention mental disability/impairment/illness in the definition of disability. In 64% of countries, laws prohibit discrimination against persons with mental health during recruitment; in one-third of countries laws prohibit discontinuation of employment. More than half (56%) the countries have laws in place which offer access to reasonable accommodation in the workplace. In 59% of countries laws promote employment of persons with mental health problems through different affirmative actions. Nearly 50 years after the adoption of the International Covenant on Economic, Social, and Cultural Rights and 10 years after the adoption of CRPD by the UN General Assembly, legal discrimination against persons with mental health problems continues to exist globally. Countries and policy-makers need to implement legislative measures to ensure non-discrimination of persons with mental health problems during employment.

  10. The Protection Right to Mental Health of the Worker in Face of the Work Organizations Contemporary: Analysis of the Legal Effectiveness of the Fundamental Right about the Omission Regulatory

    Directory of Open Access Journals (Sweden)

    Leandro Cioffi

    2015-12-01

    Full Text Available Study on the theme of the protection right to mental health of the worker, with category of bibliographic research, with the objective of verifying the possible effectiveness of this right in the environments and contemporary work organizations, from the understanding of the modes of production and forms of execution of work, psychosocial risks and some consequential occupational diseases, the identification of outdating of the protection right to mental health of the workers that imply losses in the effective protection of mental health of such persons, and understanding of this right in the perspective of the fundamental rights and hermeneutical issues involved for their achievement, having the dialectic as method of approach, putting in conflict the concrete element seated in structuring the environment and working organization and its detrimental consequences to mental health worker, with the abstract element seated in the current norms of protection to mental health of the worker, related fundamental rights and involved hermeneutical questions, as a technical procedure, the bibliographic study of books, articles published in journals, handbooks, adding the use of legal documents.

  11. Civic and legal advances in the rights of caregivers for persons with severe mental illness related disability

    Directory of Open Access Journals (Sweden)

    Hareesh Angothu

    2016-01-01

    Full Text Available Caregivers for persons with disabilities are very important in the process of recovery and rehabilitation, irrespective of the cause of disability. Their services are equally important as of the health professionals. Often it is the caregivers who bear the major burden by assisting for daily needs of persons with disabilities apart from providing financial and social supports to their dependant persons with disabilities. In the process of caregiving they may have to forego their opportunities to attend work of their choice, to earn money, to progress in career, to spend satisfactory social life, and even to spend time leisurely. Yet, the informal caregiving process and the caregivers as a service provider, for persons with disabilities, have received less attention from civic societies and various state systems. However, change of paradigm of caregiving process as family responsibility to society′s collective responsibility and a stronger voice of caregiver associations has brought certain recent changes in this field. There are few governments who have recognized the importance of caregivers for their informal services and sacrifices and started providing benefits for them, thus caring for the caregivers. We review and discuss such policies and regulations which protect the rights of caregiver in this article.

  12. Legal implications for failure to comply with advance directives: an examination of the incompetent individual's right to refuse life-sustaining medical treatment.

    Science.gov (United States)

    Perry, Sherynn J

    2002-01-01

    Life-sustaining medical technology in the past century has created a growing body of case law and legislation recognizing the incompetent individual's right to make his or her own end-of-life decisions. This article focuses on California's leadership in the area of these specific end-of-life issues: specifically, exploring the right of an incompetent individual to refuse life-sustaining medical treatment. The article examines advance directives along with various judicial decision-making standards for incompetent individuals and explores the sociobehavioral and legal rationale for compliance with incompetent individual's rights to make end-of-life decisions. Finally this article concludes (i) that advance directives allow competent individuals to state the medical treatment they would prefer in the event they should later become incompetent and (ii) that when advance directives are properly executed in a detailed manner, under laws currently in effect in some jurisdictions, the preferences stated in the directive bind health care providers. Copyright 2002 John Wiley & Sons, Ltd.

  13. 9 August 2011 - United Nations High Commissioner for Human Rights N. Pillay signing the guest book with Head of International Relations F. Pauss; in the ATLAS visitor centre with Collaboration Former Spokesperson P. Jenni.

    CERN Multimedia

    Maximilien Brice

    2011-01-01

    9 August 2011 - United Nations High Commissioner for Human Rights N. Pillay signing the guest book with Head of International Relations F. Pauss; in the ATLAS visitor centre with Collaboration Former Spokesperson P. Jenni.

  14. Incapacidad jurídica, patria potestad y derechos humanos: El desafío político de los derechos igualitarios y el derecho a la diferencia Legal disability, parental rights and human rights: The political challenge of iqual rights and the right to the difference

    Directory of Open Access Journals (Sweden)

    Romina Solitario

    2011-12-01

    Full Text Available Este trabajo, que es un recorte de la tesis doctoral de la autora, aborda los derechos de las personas con problemáticas en salud mental, analizando un aspecto particular que consiste en las transformaciones que operan en los vínculos con los hijos a partir de la declaración de incapacidad jurídica por motivos de enfermedad mental. Estas transformaciones, que encuentran su punto de apoyo en categorías del derecho, se manifiestan a nivel de las prácticas adquiriendo diversas expresiones. El objetivo es analizar críticamente el marco jurídico vigente en salud mental considerando la esfera de lo jurídico como un aspecto de la realidad social, como un aspecto cultural entre otros (Krotz, 2002. No se busca construir modelos de aplicación general, abstraídos de los contextos sociales, como una visión meramente jurídica pudiera pretender, sino que, por el contrario, la intención es dar cuenta de la manera en que los sistemas jurídicos se encuentran inmersos y a la vez moldean las prácticas sociales.This work, that is part of the author´s PhD thesis, deals with the rights of people with mental health problems, analysing a particular aspect that consists of the transformations on the relationship with their children after the declaration of legal incapacity by mental illness. These changes that ind their support point in law categories, are implemented in practices acquiring various expressions. The aim is to critically analyze the current legal framework in mental health considering legal sphere as an aspect of social reality, as a cultural aspect among others (Krotz, 2002. The intention is not to construct models with general application, abstracted from social contexts, as a legal perspective could claim, but on the contrary, the intention is to explain how legal systems are not only involved but also shape social practices.

  15. THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD AND QATAR'S DOMESTIC LEGISLATION: THE POTENTIAL IMPACT ON THE MAIN LEGAL DOMAINS

    Directory of Open Access Journals (Sweden)

    PABLO RODRÍGUEZ DEL POZO

    2017-12-01

    Full Text Available Equal rights for persons with disabilities is the ultimate goal mandated by the CRPD, and it can probably be gradually achieved in Qatar as steps are taken towards reconsidering the approach to disability at large. This paper examines what impact the CRPD has on the country’s legislation. To that end, we explore how the sensitive domains –health, education, employment, and justice– need to be re-evaluated in light of the CRPD, where recent improvements in the rights of persons with disabilities in Qatar can enable compliance and where the greater challenges lie. We maintain that although legal reforms are needed for Qatar to comply with CRPD, within existing legislation there is notable potential to accommodate particular amendments that could significantly assist the move towards CRPD compliance. We suggest some structural steps aimed at improving compliance, consisting of the establishment of specific institutions, the promotion of associations that represent persons with disabilities and, above all, advancement of a fundamental shift in the way disability is perceived by society, moving away from the old medical notion of disability with its focus on special features and rehabilitation and instead adopting the social model that mandates inclusion and equality.

  16. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

    A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.

  17. Discrimination of legal entities: Phenomenological characteristics and legal protection

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

    Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.

  18. Signes Iconiques, Signes Linguistiques (Iconic Signs, Linguistic Signs)

    Science.gov (United States)

    Besse, Henri

    1974-01-01

    This article discusses the audiovisual image as sign; the classification of signs according to two different semiologies, and two different semantic theories; and the relation to different pedagogical approaches. (Text is in French.) (AM)

  19. The Victim’s Right to Intervene as an Injured Party in Criminal Proceedings: A Multidimensional and Interdisciplinary Assessment of Current Dutch Legal Practice

    Directory of Open Access Journals (Sweden)

    Renée S.B. Kool

    2017-12-01

    Full Text Available In order to further crime victims’ compensation, the Dutch legislator relatively recently extended the admissibility criterion. Since 2010, the key lies in the assessment of whether such a claim presents an undue burden for the criminal proceedings (S. 51f DCCP. In order to learn whether this legal change has been effective, an evaluative research was carried out containing both legal theoretical and empirical research (quantitative and qualitative. This called for an accurate research design in which classic legal research methods need to be combined with methods applied in social sciences. To counter this methodological challenge, we opted for a mix of research-design methods, using triangulation as the key to enable us to analyze the ‘law in action’. Our approach turned out to be fruitful, although not without methodological hazards. The paper contains a report on our ‘methodological journey’, providing an account of the difficulties that we encountered during the execution of our mixed research methods. The aim of the paper is only modest: we want to report on ‘the lessons learned’, endorsing the fact that triangulation is an appropriate approach for an interdisciplinary assessment of Dutch legal practice.

  20. Moving Towards Inclusive Education as a Human Right, An analysis of international legal obligations to implement inclusive education in law and policy

    NARCIS (Netherlands)

    Waddington, L.B.; Toepke, C

    2014-01-01

    Children with disabilities experience ongoing segregation in special education classes or are otherwise excluded from education. This is in spite of the fact that States have a legal obligation to offer an accessible and inclusive education to all learners. Exclusion of any child from education is a

  1. Pluralismo jurídico y derechos humanos en la experiencia indígena mexicana de los últimos años / Legal Pluralism and Humans Rights in Mexican indigenous experience in last two years

    Directory of Open Access Journals (Sweden)

    Jesús Antonio de la Torre Rangel

    2013-07-01

    Full Text Available Resumo: O tema é a relação entre o pluralismo jurídico e a eficácia dos direitos humanos que sustentam uma vida com dignidade. As experiências indígenas, no México, nas décadas de 1990 a 2000, são apresentadas como a concretização dos direitos humanos no seu exercício do pluralismo jurídico, com base em uma práxis de libertação. Na zona zapatista de Chiapas e na Costa-Montaña de Guerrero foi concretizado o direito que nasce do povo: o direito à autonomia ou livre determinação, o direito a se autogerir por seus próprios sistemas normativos, o direito a distribuir justiça de acordo com suas normas e sentido de equidade, entre outros.Palavras-chaves: Pluralismo jurídico; Direitos humanos; Direito que nasce do povo. Abstract: This article is about the relation between pluralism and effectiveness of Humans Rights that sustain a life with dignity. In Mexico, from 1990 to 2000, indigenous experiences are presented as a consolidation of Humans Rights in the exercise of legal pluralism based on a praxis of liberation. In Chiapas Zapatista’ zone and in Costa-Montaña de Guerrero a Right which rises from people was reinforced: the Right of Autonomy or Self-determination, the Right of self-manage properly legal systems, the Right to distribute justice according to own rules and the sense of equity.Keywords: Legal Pluralism, Human Rights, Right from people

  2. Abdominal X-ray signs of intra-intestinal drug smuggling.

    Science.gov (United States)

    Niewiarowski, Sylwia; Gogbashian, Andrew; Afaq, Asim; Kantor, Robin; Win, Zarni

    2010-05-01

    "Body packers" either swallow or insert drug filled packets rectally or vaginally in order to smuggle illicit drugs. AXR is used routinely to screen suspects for the presence of intra-intestinal drug packages. AXR diagnosis can be difficult as stool or gas within the intestine may resemble ingested foreign bodies. We identify the frequency and co-existence of several signs; tic-tac sign, rosette sign, double condom sign, dense surrounding material, density and discover a new sign; parallelism, which will aid in increasing the radiological accuracy. We retrospectively reviewed 285 AXRs performed for suspicion of drug smuggling during the period of March 2006-March 2009 to identify the frequency of these signs. Of the 285 AXRs performed 59 were positive, 221 negative and five were indeterminate. The tic-tac sign was present in 93%, double condom sign in 73%, dense surrounding wrapping material in 36% and parallelism in 27%. Sixty one percentage of drug packages were iso-dense to faeces and 39% hyperdense. Twenty percentage of the positive abdominal radiographs demonstrated one of the radiographic signs, 39% demonstrated two signs, 32% demonstrated three and 7% four. The most common radiographic sign combination was the tic-tac sign with either dense surrounding material or double condom sign. The most commonly encountered radiographic sign is the tic-tac sign, followed by the double condom sign and dense surrounding material. We also discover a new sign, "parallelism" which although uncommon is highly specific. Accuracy is further increased by comparing the density of packages to faeces and looking for the co-existence of multiple signs. Copyright (c) 2010 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  3. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories in ...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....

  4. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....

  5. [Legal regime of preservation of data on identifiers obtained form DNA analysis, in the light of the Decision of the European Tribunal of Human Rights (Large Chamber), of December 4 2008 (S. and Marper vs. United Kingdom)].

    Science.gov (United States)

    Reverón Palenzuela, Benito

    2009-01-01

    The author analyzes the Judgement of the European Court of Human Rights, of 4 December 2008 (case of S. and Marper v. the United Kingdom). It declares that retaining fingerprints and cellular samples and DNA profiles after the criminal proceedings, when the accused has been acquitted, constitutes a violation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. He also deals with the legal regime on data protection contained in the Spanish Law on police DNA databases of (Organic Law 10/2007, of 8 October), as well as its adaptation to the case law of the ECHR.

  6. Legal content of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the united nations general assembly by resolution 45/158 of 18 December 1990.

    Directory of Open Access Journals (Sweden)

    Aurelia Álvarez Rodríguez

    2016-10-01

    Full Text Available The author makes a detailed analysis of the legal contents of the International Convention on the Protection of the Rights of all Migrant workers and their Families, adopted by the General Assembly of the United Nations in the Resolution 45/158 of December 1990. The objectives of the Convention, the personal spehere of application, the Human Rights of all migrant workers and their families wether they be regular of iregular are presented throughout the article. Finally, the practical effectiveness of the Convention is analyzed concluding with the importance of its ratification by the largest number of States possible.

  7. Legal aid for victims in criminal proceedings in Portugal

    OpenAIRE

    Costa Ramos, Vânia

    2014-01-01

    The following article gives an overview of legal aid for victims in criminal cases in Portugal. It addresses the issues of a victim’s access to a lawyer, when and how the right is granted (right to legal assistance), and under what circumstances the victim has a right to financial legal aid (right to financial legal aid).

  8. Addressing the Human Rights Issues of Water and Sanitation in Fako division (Cameroon) Legal Framework and the Realization of the Sustainable Development Goals

    OpenAIRE

    Suh, Louis

    2016-01-01

    This study favours the argument of water and sanitation being an indispensable comodity for human existence. A strong reason why there is an express recognition at both national level and international level of the right to water and sanitation. The Right to water and sanitation as defined by this study is the right of all humans without distinction to have access to water for domestic and personal use and proper sanitation. The paper limits the study to the Fako division of the republic ...

  9. Legal strategies to protect sexual and reproductive health and rights in the context of the refugee crisis in Europe: a complaint before the European Ombudsperson.

    Science.gov (United States)

    Laporta Hernández, Elena

    2017-11-01

    In the context of the refugee crisis in Europe, the measures taken by the institutions and bodies of the European Union as they relate to respecting, protecting, and ensuring human rights have proven to be woefully inadequate. The development of a restrictive, defensive, security-based immigration policy has led to failure by European countries and the European Union to fulfil their human rights obligations. Specifically, the Agreement struck between the European Union and Turkey on 18 March 2016, in addition to externalising borders, placed economic and political considerations centre stage, leading to serious violations of the human rights of refugees and migrants, including their sexual and reproductive rights. In an effort to identify the failures and the institutions responsible for promoting the necessary measures to mitigate the negative impacts these policies have had, the international human rights organisation Women's Link Worldwide lodged a complaint with the European Ombudsperson. In its complaint, Women's Link alleges maladministration by the European Commission for its failure to carry out a human rights impact assessment of the 18 March 2016 EU-Turkey Agreement and the reports on its implementation. Such an assessment should include a gender perspective and a children's rights approach, and its omission is not only a failure to comply with international human rights standards, but also directly and negatively affects women's and children's rights.

  10. Practical Approaches to the Numerus Clausus of Land Rights : How Legal Professionals in South Africa and the Netherlands deal with Certainty and Flexibility in Property Law

    NARCIS (Netherlands)

    Verstappen, Leonardus; Mostert, Hanri; Barr, Warren

    2015-01-01

    This chapter examines the application of the numerus clausus in respect of types and content of rights in two jurisdictions strongly subscribing to the civil law tradition of property, the Netherlands and South Africa. In categorising real rights according to content and type, these two systems

  11. Legal Order Founded on Human Wisdom

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2015-07-01

    Full Text Available In the present work I approach a topic of great complexity, always anchored in social actuality because it addresses to an extremely sensitive area in which law is intertwined with the human wisdom. I start from the reality that human spiritual balance as an obvious sign of human wisdom can be maintained in a secured social balance of the social order, as a manifestation of this virtue at a community level. I insist on the interferences between universal and social order in which is enrolled as an individual component the legal order. The specificity of this latter form of the inter-human relations is ensured by the peculiar physiognomy of law rules. There are rules of human behaviour which although present some own features to other social norms (generality, impersonality, typicality, these stand out by their obligation which allows, when necessary, to be done using coercive state power. Both creation and especially interpretation and application of the law rules, involves the legislature wisdom, to impose people legal orders which to order and discipline their relations with the environment in which they live and other members of human community so as to make possible a social balance and harmonious coexistence of humans. Legal order gives concreteness and expression to some fundamental valences of law: justice, equity and righteousness. Therefore, in the vast majority of live situations, especially in cases in which norms of law express “the will of the many”, they convince through their correctness and validity, harmonizing with the interests and aspirations of those whom are addressed, which exclude the intervention of human coercive force. Here, is a sign of human wisdom. But also as a sign of human wisdom can be considered appropriate and necessary the coercive intervention of the state, when the violation of a right occurred, the social order (also the legal one being more or less disturbed. In these situations, law intervention is

  12. The development of health law as a way to change traditional attitudes in national legal systems. The influence of international human rights law: what is left for the national legislator?

    Science.gov (United States)

    Birmontiene, Toma

    2010-03-01

    The development of health law as a sovereign subject of law could be seen as a correlative result of the development of international human rights law. From the perspectives of human rights law, health law gives us a unique possibility to change the traditional point of reference - from the regulation of medical procedures, to the protection of human rights as the main objective of law. At the end of the twentieth and the beginning of this century, human rights law and the most influential international instrument--the European Convention on Human Rights (and the jurisprudence of the ECHR) has influenced health care so much that it has became difficult to draw a line between these subjects. Health law sometimes directly influences and even aspires to change the content of Convention rights that are considered to be traditional. However, certain problems of law linked to health law are decided without influencing the essence of rights protected by the Convention, but just by construing the particularities of application of a certain right. In some cases by further developing the requirements of protection of individual rights that are also regulated by the health law, the ECHR even "codifies" some fields of health law (e.g., the rights of persons with mental disorders). The recognition of worthiness and diversity of human rights and the development of their content raise new objectives for national legislators when they regulate the national legal system. Here the national legislator is often put into a quandary whether to implement the standards of human rights that are recognized by the international community, or to refuse to do so, taking account of the interests of a certain group of the electorate.

  13. The Principles of Proportionality, Legal Argumentation and the Discretionary Power of the Public Administration: An Analysis from the Limits on Fundamental Rights and Guarantees

    Directory of Open Access Journals (Sweden)

    Yezid Carrillo-de la Rosa

    2017-06-01

    Full Text Available This paper examines the implications of the principle of proportionality with regards to administrative decisions that limit civil liberties and fundamental rights. The hypothesis we intend to demonstrate is that a discretionary power of the Public Administration for issuing measures that restricts individual rights and liberties is just apparent, since the reach of agency discretion for choosing time, means and place conditions is very narrow. As the following research shows, the principle of proportionality obliges administrative agencies to implement effective means to attain the purposes of their intervention, but minimizing its impacts on constitutionally protected rights and liberties.

  14. LEGAL ENTITIES IN ROMANIAN PRIVATE INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Berlingher Remus Daniel

    2013-12-01

    Full Text Available Legal entities play an increasing role in international economic relations, as well as in political, cultural, social or human relations. Any legal entity is subject to the law of a certain country, as it can only exist or function on the basis of legal provisions. In this sense, the paper analyses the law applicable to the organic statute of a legal entity, the importance and criteria underlying the establishment of a legal entity’s nationality, the recognition of foreign legal entities in Romania, as well as the rights and obligations of foreign legal entities residing in our country.

  15. From Legal to Effective Recognition of Equal Dignity as a Right of the Individual with Intellectual and Developmental Disabilities. A Process that Challenges us

    Directory of Open Access Journals (Sweden)

    Tatiana URIEN ORTIZ

    2017-01-01

    Full Text Available This article analyzes the ethical implications of acknowledging disability as a human rights issue. The most common way to understand disability is inspired by a welfarist structure where collective needs trump the wishes of the individual. This new conceptualization, inspired by influential philosophers, such as Dworkin and Margalit, understands dignity as the individual’s right to have their life unfold in an inclusive context that creates self-respect.

  16. Vital Signs.

    Science.gov (United States)

    Brown, Lester R.

    1993-01-01

    Presents an excerpt from the first edition of Vital Signs, a Worldwide Institute publication that provides an annual update on global environmental trends. Includes discussion of the dismantling of nuclear arms, reduction in chlorofluorocarbon production, growth in bicycle production, the decline in cigarette smoking, and decline in military…

  17. Understanding the Role of an International Convention on the Human Rights of People with Disabilities: An Analysis of the Legal, Social, and Practical Implications for Policy Makers and Disability and Human Rights Advocates in the United States. White Paper.

    Science.gov (United States)

    Lord, Janet E.

    This White Paper by the National Council on Disability urges the support and participation of American policymakers and organizations representing people with disabilities in the drafting of an international human rights treaty specifically addressing the rights of people with disabilities. Following an executive summary and an introductory…

  18. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study two...... texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations....... In the conclusion, hypotheses for further investigation of knowledge dissemination in the field of law are formulated....

  19. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...

  20. Legal Liabilities of Administrators.

    Science.gov (United States)

    Underwood, Julie

    This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…

  1. 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

  2. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

    Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær

    2012-01-01

    Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment......, which seem to be beyond the scope of the Danish Planning Act. This paper deals with this problem through case studies and a legal analysis of present law. If the combination of the legally binding local plan and subsequent added requirements is misused, it will weaken the legal rights of the citizens...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements....

  3. A Political Decision Disguised as Legal Argument? Opinion 2/13 and European Union Accession to the European Convention on Human Rights

    Directory of Open Access Journals (Sweden)

    Graham Butler

    2015-08-01

    Full Text Available David Thór Björgvinsson was a judge of the European Court of Human Rights between 2004 and 2013. During this period, he was involved in many important judgments, including 'Scoppola v Italy (No. 3',[1] Eweida and others v United Kingdom,[2] and 'Al-Jedda v the United Kingdom';a title="" href="#_ftn3">[3] amongst others, and went on to serve as Vice-President of the Fourth Section. He has degrees from the University of Iceland, Duke University School of Law, and the University of Strasbourg, and is currently a Professor of Law at the Centre of Excellence for International Courts (iCourts at the Faculty of Law, University of Copenhagen, Denmark. In this interview, carried out in June 2015 for the Utrecht Journal of International and European Law, David Thór Björgvinsson outlined his views to Graham Butler on Opinion 2/13 from the Court of Justice of the European Union on the Union’s accession to the European Convention on Human Rights,[4] the workings of the European Court of Human Rights, and what the future may have in store for this Court.[1] Scoppola v Italy (No. 3 (2013 56 EHRR 19.[2] Eweida and others v United Kingdom (2013 57 EHRR 8.[3] Al-Jedda v the United Kingdom (2011 53 EHRR 23.[4] Opinion 2/13 (2014 Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms, (not yet reported.

  4. A Political Decision Disguised as Legal Argument? Opinion 2/13 and European Union Accession to the European Convention on Human Rights

    Directory of Open Access Journals (Sweden)

    Graham Butler

    2015-08-01

    Full Text Available David Thór Björgvinsson was a judge of the European Court of Human Rights between 2004 and 2013. During this period, he was involved in many important judgments, including 'Scoppola v Italy (No. 3',[1] 'Eweida and others v United Kingdom',[2] and 'Al-Jedda v the United Kingdom',[3] amongst others, and went on to serve as Vice-President of the Fourth Section. He has degrees from the University of Iceland, Duke University School of Law, and the University of Strasbourg, and is currently a Professor of Law at the Centre of Excellence for International Courts (iCourts at the Faculty of Law, University of Copenhagen, Denmark. In this interview, carried out in June 2015 for the Utrecht Journal of International and European Law, David Thór Björgvinsson outlined his views to Graham Butler on Opinion 2/13 from the Court of Justice of the European Union on the Union’s accession to the European Convention on Human Rights,[4] the workings of the European Court of Human Rights, and what the future may have in store for this Court. [1] 'Scoppola v Italy (No. 3' (2013 56 EHRR 19. [2] 'Eweida and others v United Kingdom' (2013 57 EHRR 8. [3] 'Al-Jedda v the United Kingdom' (2011 53 EHRR 23. [4] Opinion 2/13 (2014 Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms, (not yet reported.

  5. Search for heavy right-handed neutrinos at the LHC and beyond in the same-sign same-flavor leptons final state

    Energy Technology Data Exchange (ETDEWEB)

    Ng, John N.; Puente, Alejandro de la [Theory Group, TRIUMF,4004 Wesbrook Mall, Vancouver BC V6T 2A3 (Canada); Pan, Bob Wei-Ping [Department of Physics, National Tsing Hua Univeristy,Hsin Chu 300, Taiwan (China)

    2015-12-28

    In this study we explore the LHC’s Run II potential to the discovery of heavy Majorana neutrinos, with luminosities between 30 and 3000 fb{sup −1} in the l{sup ±}l{sup ±}j j final state. Given that there exist many models for neutrino mass generation, even within the Type I seesaw framework, we use a simplified model approach and study two simple extensions to the Standard Model, one with a single heavy Majorana neutrino, singlet under the Standard Model gauge group, and a limiting case of the left-right symmetric model. We then extend the analysis to a future hadron collider running at 100 TeV center of mass energies. This extrapolation in energy allows us to study the relative importance of the resonant production versus gauge boson fusion processes in the study of Majorana neutrinos at hadron colliders. We analyze and propose different search strategies designed to maximize the discovery potential in either the resonant production or the gauge boson fusion modes.

  6. The reconstruction of revocation againts the rights to vote or to be voted in public post for those who are found guilty in corruption case in Indonesia from a progressive legal perspective

    Science.gov (United States)

    Tinambunan, HSR.; Widodo, H.; Ahmad, GA.

    2018-01-01

    Revocation of the right to vote and elected in public office for corruption convicted by the court is absolutely necessary, but in view of the limitations amongst them, the judge shall state how long the right is revoked, and provide a detailed reason why the relevant person shall be subject to an additional penalty of revocation, the non-regulation of the criteria of corruption convicts as to which additional crimes of impunity may be imposed and elected in public office in law. The removal of the right to vote and to be elected in public post is coherent with the progressive law conception that promotes the integration of law and the values of justice in society. The progressive step by the judge in the revocation of the right to vote and elected to the corruption convicts is absolutely necessary, with the legal pluralism approach to encourage pro justice and progressive law enforcement. Revision to the Criminal Code and Law no. 31 of 1999, especially regarding the criteria of what corruption convicts who can be sentenced to additional revocation of the right to vote and be elected is a necessity.

  7. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment......This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural...

  8. Righting wrongs and reforming rights.

    Science.gov (United States)

    Ivey, Laurie C

    2014-03-01

    Discusses issues faced by LGBT people, such as a lack of equal civil rights and the need for extra legal and financial protection for families because partners cannot be married. The author notes that, in our society, it is no longer acceptable to be racist, but it is still okay to be homophobic. The many campaigns against gay marriage and efforts in the legislature to prevent change toward equal civil rights and protections are prime examples. In our current political climate, two things are very clear: (a) homophobia is freely tolerated and (b) the times are changing as we inch closer to equal rights every day. We are "righting wrongs and reforming rights."

  9. [Biopiracy: about its legal meanings].

    Science.gov (United States)

    Ramírez García, Hugo Saúl

    2009-01-01

    This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.

  10. REGULATION OF A RIGHT TO A SALARY IN THE INTERNATIONAL LEGAL INSTRUMENTS OF ILO AND UN AND THEIR IMPLEMENTATION IN THE INTERNATIONAL LABOUR LEGISLATION IN THE REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Darko Majhošev

    2017-07-01

    Full Text Available This paper deals with the salary as the most important legal institute, element and principle of the labour relations. Before we approach the analysis of the legal regime of the salary, we will define the term labour relations. This paper puts special emphasis on the terminology of the notion salary, as well as the legal nature of the legal regime of the salary. Additionally, in this paper the most important international legal instruments of ILO, UN and The European Council are analyzed for salary regulation and ban on compensation discrimination. In this context, the most important legal acts in the Republic of Macedonia are analyzed which regulate the legal institute salary, i.e. the minimum wage (The Constitution, Labour Law, and Law on Minimum Wage.

  11. Libertades económicas y derechos fundamentales. La libertad de empresa en el ordenamiento multinivel europeo || Economic Freedom and Fundamental Rights. Freedom to Conduct Business in the Multilevel European Legal System

    Directory of Open Access Journals (Sweden)

    Pedro Mercado Pacheco

    2012-12-01

    Full Text Available RESUMEN   La libertad de empresa es utilizada como pretexto para ilustrar las relaciones y jerarquías entre libertades económicas comunitarias y derechos fundamentales en el ordenamiento multinivel europeo. Su estrecha relación con las libertades económicas comunitarias y con el objetivo del mercado interior, han dotado a la libertad de empresa de una especial fortaleza a la hora de dirimir sus eventuales conflictos con otros derechos acogidos aparentemente en pie de igualdad en la reciente redefinición de los objetivos de la UE. Por otro lado, cuando esta primacía se transplanta al ordenamiento interno  se corre el riesgo de alterar los equilibrios del sistema de derechos de los Estados, anclados en el constitucionalismo del Estado social. ABSTRACT Freedom to conduct a business is used as a pretext to illustrate the relationships and hierarchies between Community economic freedoms and fundamental rights in the European multilevel legal system. The close relationship of this with the EU objective of the internal market and with Community economic freedoms, have provided it with a special strength when settling the possible conflicts with other rights recently welcomed into the redefinition of the objectives of the European Union on an equal footing. Furthermore, when this primacy is transplanted into national law it runs the risk of upsetting the balance of the system of states rights, anchored in the constitutionalism of the social state.

  12. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

    This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On th...

  13. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...

  14. Legal capacity and biomedicine: Biomedical discrimination

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka

    2011-01-01

    Full Text Available The article begins with the overview of the legal capacity as a general legal qualification recognized by the legal order guaranteeing the right to be a holder of rights and obligations. The article is then focused on the scope of the absolute Constitutional guarantee of the right to legal personality as well as on the Constitutional prohibition of discrimination which gives rise to the general equality before the Constitution and the law. The focus of this article is the moment when the legal capacity, or legal personality, is considered to be acquired. It then moves to the issue whether limiting the access to techniques of assisted reproduction (biomedical conception is contrary to the general rules on legal capacity, and whether this is a genuine form of biomedical discrimination.

  15. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

    Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth. Copyright © 2016 Elsevier Masson SAS. All rights reserved.

  16. CERN signs draft Memorandum of Understanding with Iran

    CERN Multimedia

    2001-01-01

    Left to right: Dr Henrik Foeth, Team Leader CMS; Dr Daniel Denegri, Physics Coordinator CMS; Prof. Tejinder Virdee, Deputy Spokesman CMS; Prof. Luciano Maiani, CERN Director-General - signing; Mr Jean-Marie Dufour, Head of the CERN Legal Service, Mr Ghodratollah Habibpour Gharakol, back; Dr Abdolali Sharghi, Advisor to the Minister and Director General, Office of International Scientific Cooperation, Iranian Ministry of Science, Research and Technology; Dr Mostafa Moin, Minister of Science, Research and Technology, Islamic Republic of Iran - signing; Dr Reza Mansouri, Director, International Scientific Meetings Office, Iranian Ministry of Science, Research and Technology; H. E. Dr Ali Khorram, Extraordinary and plenipotentiary Ambassador of the Islamic Republic of Iran to the United Nations in Geneva, Dr Hans F. Hoffmann, CERN Director for Technology Transfer & for Scientific Computing. Iranian Minister for Science, Research and Technology, Dr Mostafa Moin, and CERN Director-General Luciano Maiani, s...

  17. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

    One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. © 2014 Australian Dental Association.

  18. PRISONERS' RIGHTS UNDER THE NIGERIAN LAW: LEGAL ...

    African Journals Online (AJOL)

    RAYAN_

    powers.9 The Nigerian Court of Appeal held per Uwaifo, JCA in the case of Peter Nemi v Attorney ... lawfully committed to custody.15 By this definition, it means any person who is lawfully confined to prison is a ..... sentenced to prison with hard labour, gives a prisoner a measure of relief in case such a prisoner is not fit to ...

  19. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-11-01

    Full Text Available This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequencesin civil law, company law, tax law, and in many other areas of law.

  20. Signing off

    Science.gov (United States)

    2001-05-01

    sharp that they cause paper cuts. Stains. If you accidentally spill some food or drink on your clothes, make sure you attempt to remove it as soon as possible and preferably within the same lunar cycle. Some teachers seem to think they should be worn with pride like the stains on a chemistry teacher's white coat. This is a myth. Materials. For scientists continually teaching about the wonder of smart materials, physics teachers are remarkably conservative in their choice of materials for their clothes. Try to break out from the traditional corduroy and tweed and practise what you teach. It is not acceptable to wear the actual tie you wore at school, as this will be at least 20 years old, be rather frayed and will have your name sewn in the back by your mum. Steven Chapman Science Year Manager, British Association for the Advancement of Science Signing Off takes a humorous and irreverent look at physics education. The views expressed here are those of the author and are not endorsed by the Editorial Board for Physics Education. Can you contribute a zany attitude or humorous anecdote? Please send your offering to ped@iop.org marked Signing Off.

  1. Baldwin Borough Signs

    Data.gov (United States)

    Allegheny County / City of Pittsburgh / Western PA Regional Data Center — An inventory by location of the signs on Borough of Baldwin roads and properties, such as street signs, traffic signs, and warning signs.

  2. Legal Care as Part of Health Care: The Benefits of Medical-Legal Partnership.

    Science.gov (United States)

    Murphy, Johnna S; Lawton, Ellen M; Sandel, Megan

    2015-10-01

    Many of the social determinants of health are rooted in legal problems. Medical-legal partnerships (MLPs) have the potential to positively change clinical systems. This change can be accomplished by integrating legal staff into health care clinics to educate staff and residents on social determinants of health and their legal origins. When the MLP team works directly with patients to identify and address legal needs that improve health outcomes, and incorporate legal insights and solutions into health care practice where the patient population is overwhelmingly impacted by social conditions, outcomes are beneficial to children and families. Copyright © 2015 Elsevier Inc. All rights reserved.

  3. TAX LEGAL RELATIONSHIP

    OpenAIRE

    Narcis Eduard MITU; Alia Gabriela DUŢĂ

    2012-01-01

    The legal relationship is a patrimonial or non-patrimonial social relationship regulated by a rule of law. Any legal relationship is a social relationship, but not any social relationship is a legal relationship. The law maker has the power to select, of the multitude of human relationships, those who gives importance in terms of legal perspective, encoding them through legal regulations.

  4. The Legal Ethical Backbone of Conscientious Refusal.

    Science.gov (United States)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

  5. Legal Personality as a Fundamental Concept of International Law

    NARCIS (Netherlands)

    Brölmann, C.; Nijman, J.

    2017-01-01

    Legal personality is generally understood as the capability to be - in traditional anthropomorphic terms - ‘the bearer of legal rights and obligations’. Legal personality is a structuring tool in legal systems, not least that of international law, as it indicates who are the participants. This paper

  6. Education of deaf students in Spain: legal and educational politics developments.

    Science.gov (United States)

    Fernández-Viader, María del Pilar; Fuentes, Mariana

    2004-01-01

    This article examines the legal instruments and educational politics affecting deaf persons' educational rights in Spain. We present a historical view of deaf education in Spain before and after the Congress of Milan (1880) and then introduce educational legislation and practices in recent decades. At present, Spanish legislation is moving toward recognition of sign languages and the suitability of bilingual education for deaf students at all educational levels. This is a consequence of taking into account the low academic achievement of two generations of deaf students educated in a monolingual model. Bilingual projects are now run throughout Spain. We emphasize that efforts must be made in the legal sphere to regulate the way in which professionals who know sign language and Deaf culture-teachers, interpreters, deaf adult models-are incorporated in bilingual deaf schools.

  7. Name signs in Danish Sign Language

    DEFF Research Database (Denmark)

    Bakken Jepsen, Julie

    2018-01-01

    A name sign is a personal sign assigned to deaf, hearing impaired and hearing persons who enter the deaf community. The mouth action accompanying the sign reproduces all or part of the formal first name that the person has received by baptism or naming. Name signs can be compared to nicknames...... in spoken languages, where a person working as a blacksmith by his friends might be referred to as ‘The Blacksmith’ (‘Here comes the Blacksmith!’) instead of using the person’s first name. Name signs are found not only in Danish Sign Language (DSL) but in most, if not all, sign languages studied to date....... This article provides examples of the creativity of the users of Danish Sign Language, including some of the processes in the use of metaphors, visual motivation and influence from Danish when name signs are created....

  8. Right To Property: From Magna Carta To The European Convention On Human Rights

    Directory of Open Access Journals (Sweden)

    Ristik Jelena

    2015-12-01

    Full Text Available Property rights are integral part of the freedom and prosperity of every person, although their centrality has often been misprized and their provenance was doubted. Yet, traces of their origin can be found in Magna Carta, signed by the King of England in 1215. It was a turning point in human rights. Namely, it enumerates what later came to be thought of as human rights. Among them was also the right of all free citizens to own and inherit property. The European Convention on Human Rights was heavily influenced by British legal traditions, including Magna Carta. Among other rights, it also guaranties the right to property as a human right. Moreover, the protection of property rights has been extended to intellectual property rights as well. Namely, the European Court of Human Rights has provided protection of intellectual property rights through the adoption of decisions that interpret the right to property, in relation to intellectual property protection claims. It has extended the human rights protection of property to the mere application for registration of the trade mark. This paper has placed its focus on the development and treatment of the right to property starting from Magna Carta to the European Convention on Human Rights, as modern version of Magna Carta. In this sense, the jurisprudence of the European Court of Human Rights and its role and approach in the protection of the right to property will be examined as well.

  9. Personal Dignity in the European Legal Culture

    Directory of Open Access Journals (Sweden)

    Lyudmila V. Butko

    2017-09-01

    Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.

  10. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

    On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method......On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method...

  11. Signing off

    Science.gov (United States)

    2001-07-01

    Widget Jones's Highgate science week diary Saturday 17 March Alcohol units 20 (but all went up in flames—what a waste!), smoke—lots (but none from cigarettes!) (g. though possible concern about passive inhaling) Who needs a hangover when you've got crazy Highgate School chemist 'Zbig' Szydlo launching Science Week with exploding potato crisp cartons! Looks like that liquid nitrogen stuff might be good for chilling the Chardonnay though. Memo to self: buy earplugs next year and go with Shazzer so don't suffer embarrassment of grabbing hold of complete stranger during scary bits! Must take sunglasses too for big flash at the end—must admit Hydro Gin is a brand I've not come across, but sounds v.g. Monday 19 March Alcohol units 2 (fizzy wine at opening ceremony for refurbished Physics Department!), smoke—lots again (but all from Trevor's pipe!) Big coup as Trevor Baylis turned up to speak about inventing the clockwork radio. Not sure I'd have strength or coordination to wind one up before breakfast—would need to find environmentally aware boyfriend with healthy liver and strong wrist. We all proved weakest links when it came to the 'name a woman inventor' quiz—Trev was so right when he said that men don't realize that girls with great legs can have good ideas as well! But then went on to say that even the blokes often end up penniless and destined —like me the way things are going—to be discovered half eaten by Alsatians a couple of weeks after snuffing it in a lonely bedsit. Thursday 22 MarchAlcohol units 0 (but the first event was at 9 o'clock in the morning!), smoke—none (couldn't persuade any of the pupils to give me one!), endangered species saved: 1 (v.v.g. indeed) Lured by promise of 'live astrology in the classroom' I staggered out of bed at an ungodly hour hoping to find that my Venus was ascendant and Mark Darcy and I would be aligned soon. Initially disappointed to discover that it was in fact astronomy on the breakfast menu via a remotely

  12. Legal Aspects of Brain-Computer Interfaces

    Czech Academy of Sciences Publication Activity Database

    Krausová, Alžběta

    2014-01-01

    Roč. 8, č. 2 (2014) ISSN 1802-5951 Institutional support: RVO:68378122 Keywords : brain-computer interface * human rights * right to privacy, Subject RIV: AG - Legal Sciences http://mujlt.law.muni.cz/index.php

  13. Dense MCA Sign

    Directory of Open Access Journals (Sweden)

    Richard J Chen

    2017-07-01

    Full Text Available History of present illness: A 77-year-old female presented to the emergency department after being found down at home, last seen normal 7 ½ hours prior to arrival. Patient had a history of hypertension, congestive heart failure, atrial fibrillation and breast cancer status post chemotherapy/radiation and lumpectomy. Physical exam showed right gaze preference, left facial droop and tongue deviation and flaccid left hemiplegia. Significant findings: A non-contrast computed tomography (CT scan showed a hyperdensity along the right middle cerebral artery (MCA consistent with acute thrombus. The red arrow highlights the hyperdensity in the annotated image. Discussion: The dense MCA sign can serve as an important tool in the diagnosis of acute stroke. It typically appears before other signs of infarct are apparent on CT imaging, and identifies an intracranial large artery occlusion and corresponding infarct, in the correct clinical setting.1 Calcifications in the same area of the brain could be mistaken for an MCA sign, but this sign carries a high specificity (95% and lower sensitivity (52% for arterial obstruction in ischemic stroke.2 Early identification allows for a wider array of treatment options for a patient with an ischemic stroke, including intra-venous or intra-arterial thrombolysis and mechanical thrombectomy. This patient was subsequently taken for mechanical thrombectomy. Mechanical thrombectomy was chosen for this patient because the resources were available, and recent clinical trials have shown that newer types of mechanical thrombectomy have a positive functional outcome in patients with an ischemic stroke from an intracranial large artery occlusion, as compared to intravenous tissue plasminogen activator (tPa alone.3,4,5,6 In facilities lacking the capability for mechanical thrombectomy, treatment considerations include rapid transfer to a facility with capability, or proceeding with intravenous tPa. After intervention, this

  14. Un Manual para Padres y Madres Immigrantes. Proteja los Derechos de Educacion para Sus Hijos e Hijas (A Handbook for Immigrant Parents: Protect the Educational Rights of Your Children).

    Science.gov (United States)

    Multicultural Education, Training and Advocacy (META), Inc., San Francisco, CA.

    This handbook for Spanish-speaking immigrant parents outlines the legal rights of immigrant children to educational services. All children in the United States have a right to attend school. Schools may require proof of residency and vaccination before enrollment, but a signed sworn statement attesting to the child's age may be substituted for a…

  15. American Sign Language

    Science.gov (United States)

    ... from the intermixing of local sign languages and French Sign Language (LSF, or Langue des Signes Française). ... phrases with similar neural mechanisms as when we speak, new study finds New York University ( 4/03/ ...

  16. Protection of personality rights

    OpenAIRE

    Strejcová, Klára

    2016-01-01

    The thesis deals with the legal regulation of protection of personality rights. According to the certain changes in personality protection legal regulation caused by recent adoption of new Civil Code, Law no. 89/2012 Coll., the topic appears to be up to date. The aim of this thesis is to bring current legal regulation of this issue in its general terms. The thesis is divided into eight chapters. The first chapter explains basic terms such as personality and general right of personality. Secon...

  17. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

    This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....

  18. Telemedicine: licensing and other legal issues.

    Science.gov (United States)

    Siegal, Gil

    2011-12-01

    The growth of information technology and telecommunications has created promising opportunities for better, faster, more accessible, barrier-free health care; telemedicine (TM). The feasibility of many TM projects depends on resolving legal issues. Mastering technical issues or providing training remain important benchmarks for implementation of TM, but legal issues constrain progress. This article identifies the key legal issues, maps current legislation, and offers a forecast of necessary steps to expedite the dissemination of TM. Copyright © 2011 Elsevier Inc. All rights reserved.

  19. Legal consciousness and legal culture in the context of legal education of future pharmacists

    Directory of Open Access Journals (Sweden)

    І. M. Alieksieieva

    2017-12-01

    , feelings, people's ideas about law, its place and role in ensuring the freedom of the individual and other universal values. The level of assimilation by members of society of legal values (legal norms and principles, skills of lawful behavior, respect for law, etc., the degree of mastering them and their practical implementation is a legal culture. It is an integral part of the general culture of both the society as a whole and its member, demonstrating the level of rightness and legal activity of society. Conclusions. During the research it was proved that the formation and improvement of the legal consciousness and legal culture is required by student youth, as the main bearer of the intellectual and physical potential of the nation. The issues of formation of legal consciousness and legal culture of students acquires special significance; these categories of youth should be formed not only by professionals of high qualification, but also by highly moral, highly cultured and law-conscious citizens - the real elite of a civilized, democratic society declared by the Constitution of Ukraine.

  20. Electricity and gas distribution networks in competition. At the same time a critical investigation of the legal regulation of the concession right in paragraph 46 EnWG; Strom- und Gasverteilnetze im Wettbewerb. Zugleich eine kritische Untersuchung zur gesetzlichen Regelung des Konzessionsrechts in paragraph 46 EnWG

    Energy Technology Data Exchange (ETDEWEB)

    Theobald, Christian; Templin, Wolf

    2011-07-01

    A functioning infrastructure has always been a prerequisite for economic and social development. But the local power supply is in an area of conflict between European law, energy law and antitrust rules. The municipalities engage in a periodic competition in order to guarantee a local network infrastructure. At the same time, an increasing political design intent of the citizens is loomed. Under this aspect, the authors of the contribution under consideration report on a critical, legal and in parts economic investigation of the existing legal framework for the operation of local electricity and gas distribution networks. In particular, the legal regulation of concession right in paragraph 46 EnWG (Energy Economic Law) is investigated.

  1. Teaching Human Rights Law.

    Science.gov (United States)

    Berman, Howard R.

    1985-01-01

    The international community has developed a system of human rights law relevant to many areas of legal encounter, which American law schools have been slow to incorporate into curricula. Teaching human rights law provides an opportunity for law schools to enrich the learning process and contribute creatively to the respect for rights in society.…

  2. The right to a child versus the right of a child

    DEFF Research Database (Denmark)

    Nielsen, Linda

    1993-01-01

    Rights, children/parents, donation/legal, bioethics, IVF - assisted reproduction, eggs/semen/embryo......Rights, children/parents, donation/legal, bioethics, IVF - assisted reproduction, eggs/semen/embryo...

  3. Introducing legal method when teaching stakeholder theory

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    : the Business & Human Rights regime from a UN Global Compact perspective; and mandatory CSR reporting. Supplying integrated teaching notes and generalising on the examples, we explain how legal method may help students of business ethics, organisation and management – future managers – in their analysis...... to the business ethics literature by explaining how legal method complements stakeholder theory for organisational practice....

  4. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

    This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....

  5. TRANSPORT CONTRACT - EXCEPTION TO THE RELATIVITY EFFECTS OF LEGAL DOCUMENT

    Directory of Open Access Journals (Sweden)

    Adriana Elena Belu

    2016-11-01

    Full Text Available The parts to the contract are the shipper freight and the carrier. But the beneficiary of the contract is the conignee, although he doesn’t take part to the signing of the contract, he is (if he is adhering to the contract acquirer of rights and obligations which result from the contract of carriage. The contract of carriage is considered an exception to the principle of relativity effects of the legal act and it is considered by some authors in the literature as a stipulation for another with certain features. Stipulation for another is the contract whereby one part (stipulate provide that the other side (promisor to give, to do or not to do something for the benefit of a third person (beneficiary who do not participate, and he doesn’t take part to the conclusion of the contract. It is considered the only real exception of the principle of relativity. Called contract for another's benefit, stipulation for another creates for the beneficiary third-part right, directly and immediately created in his benefit since the conclusion of the contract between the promisor and the stipulate. The right is created from the time of signing the contract, in the patrimony of beneficiary, regardless of beneficiary’s accepting or waivering this right.

  6. Dissociating linguistic and non-linguistic gesture processing: electrophysiological evidence from American Sign Language.

    Science.gov (United States)

    Grosvald, Michael; Gutierrez, Eva; Hafer, Sarah; Corina, David

    2012-04-01

    A fundamental advance in our understanding of human language would come from a detailed account of how non-linguistic and linguistic manual actions are differentiated in real time by language users. To explore this issue, we targeted the N400, an ERP component known to be sensitive to semantic context. Deaf signers saw 120 American Sign Language sentences, each consisting of a "frame" (a sentence without the last word; e.g. BOY SLEEP IN HIS) followed by a "last item" belonging to one of four categories: a high-close-probability sign (a "semantically reasonable" completion to the sentence; e.g. BED), a low-close-probability sign (a real sign that is nonetheless a "semantically odd" completion to the sentence; e.g. LEMON), a pseudo-sign (phonologically legal but non-lexical form), or a non-linguistic grooming gesture (e.g. the performer scratching her face). We found significant N400-like responses in the incongruent and pseudo-sign contexts, while the gestures elicited a large positivity. Copyright © 2012 Elsevier Inc. All rights reserved.

  7. Transgender und „Transsexualität“ als Frage der Menschenrechte. Eine Einführung anhand von Rechtsfällen Transgender and ‘Transsexuality’ as a Question of Human Rights. An Introduction Using Legal Cases

    Directory of Open Access Journals (Sweden)

    Arne Duncker

    2006-07-01

    Full Text Available Als deutschsprachige Monographie zum neueren Transgender-Recht ist die vorliegende Dissertation Greifs über weite Strecken eine Pionierarbeit. Die Autorin untersucht in einer sehr schönen fallorientierten Übersicht die aktuelle Rechtsprechung oberster europäischer Gerichte (EuGH, EGMR. Ergänzend stellt sie die österreichische Rechtslage dar und schildert als Hintergrund der juristischen Entscheidungsprozesse die Entwicklung der außerjuristischen, namentlich medizinischen Diskurse. Die Arbeit stellt einen wichtigen Schritt zur rechtswissenschaftlichen Verarbeitung der bisher vorwiegend auf kulturwissenschaftlichem und medizinischem Gebiet geführten Transgender-Diskurse dar. Ihr ist eine weite Verbreitung zu wünschen.Greif’s dissertation, a German language monograph on recent transgender law, is in many ways a pioneering study. The author presents a very nice case-based overview of the current legal precedents of the highest European courts (EuGH, EGMR. She supplements this with a summary of the Austrian legal situation and provides as background a description of the development of non-legal, specifically medical, discourses. The work is an important step in the legal processing of transgender discourses, which, up till now, has primarily taken place in the arena of cultural studies and medicine. This work should be widely distributed.

  8. TranSign Android Sign Translator

    OpenAIRE

    Monforte Batiste, Pol

    2013-01-01

    Projecte realitzat en el marc d’un programa de mobilitat amb l'Institute of Applied Informatics, FIIT STU in Bratislava TranSign goal is to translate words from signs (with black letters and white background) from one language to another.

  9. Open notes: doctors and patients signing on.

    Science.gov (United States)

    Delbanco, Tom; Walker, Jan; Darer, Jonathan D; Elmore, Joann G; Feldman, Henry J; Leveille, Suzanne G; Ralston, James D; Ross, Stephen E; Vodicka, Elisabeth; Weber, Valerie D

    2010-07-20

    Few patients read their doctors' notes, despite having the legal right to do so. As information technology makes medical records more accessible and society calls for greater transparency, patients' interest in reading their doctors' notes may increase. Inviting patients to review these notes could improve understanding of their health, foster productive communication, stimulate shared decision making, and ultimately lead to better outcomes. Yet, easy access to doctors' notes could have negative consequences, such as confusing or worrying patients and complicating rather than improving patient-doctor communication. To gain evidence about the feasibility, benefits, and harms of providing patients ready access to electronic doctors' notes, a team of physicians and nurses have embarked on a demonstration and evaluation of a project called OpenNotes. The authors describe the intervention and share what they learned from conversations with doctors and patients during the planning stages. The team anticipates that "open notes" will spread and suggests that over time, if drafted collaboratively and signed by both doctors and patients, they might evolve to become contracts for care.

  10. The Forbidden Signs

    DEFF Research Database (Denmark)

    Kilstrup, Mogens

    2016-01-01

    is an important addition that offers insight into the hardware requirements for bio-semiosis. As any type of semiosis must be dependent upon Semiotic scaffolds, I recently argued that the process of semiosis has to be divided into two separate processes of sign establishment and sign interpretation......, and that misalignment between the two processes result in faulty sign interpretation and over-signification. Such faulty signs were forbidden in the sign classification system of Peirce, so I defined them as forbidden signs. Here I present an analysis of the forbidden sign categories with examples from Occult semiotics....... I also show that biological semiosis offers examples of forbidden signs, where the faulty interpretation of signs may lead to decimation of whole evolutionary lines of organisms. A new concept of Evolutionary memory which is applicable to both human and biological semiosis is explained...

  11. Legal and Administrative Language

    Science.gov (United States)

    Schwarz, Hans

    1977-01-01

    A discussion of legal and administrative language, and the necessity for accurate translation of this language in the field of international relations. Topics treated are: characteristic features of legal and administrative terminology; the interpretation of it; and the technique of translating legal and administrative texts. (AMH)

  12. Warning Signs After Birth

    Science.gov (United States)

    ... care > Warning signs after birth Warning signs after birth E-mail to a friend Please fill in ... health problems new moms may have after giving birth? Chances are that you’ll be healthy after ...

  13. Legal clinic gender sensitive method for law students

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2008-01-01

    Full Text Available In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Niš has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.

  14. Legal Change and Stigma in Surrogacy and Abortion.

    Science.gov (United States)

    Robertson, John A

    2015-01-01

    Stigma marks both surrogacy and abortion. Legal change lessens stigma but may not remove it altogether. Post-legalization regulation may reinstall stigma by surrounding a legalized practice with barriers that make exercise of that right more difficult. As a result, law may reenact stigma even as it purports to take it away. © 2015 American Society of Law, Medicine & Ethics, Inc.

  15. Signed languages and globalization

    NARCIS (Netherlands)

    Hiddinga, A.; Crasborn, O.

    2011-01-01

    Deaf people who form part of a Deaf community communicate using a shared sign language. When meeting people from another language community, they can fall back on a flexible and highly context-dependent form of communication called international sign, in which shared elements from their own sign

  16. British Sign Name Customs

    Science.gov (United States)

    Day, Linda; Sutton-Spence, Rachel

    2010-01-01

    Research presented here describes the sign names and the customs of name allocation within the British Deaf community. While some aspects of British Sign Language sign names and British Deaf naming customs differ from those in most Western societies, there are many similarities. There are also similarities with other societies outside the more…

  17. On the System of Person-Denoting Signs in Estonian Sign Language: Estonian Name Signs

    Science.gov (United States)

    Paales, Liina

    2010-01-01

    This article discusses Estonian personal name signs. According to study there are four personal name sign categories in Estonian Sign Language: (1) arbitrary name signs; (2) descriptive name signs; (3) initialized-descriptive name signs; (4) loan/borrowed name signs. Mostly there are represented descriptive and borrowed personal name signs among…

  18. RIGHT TO EXTIMACY

    Directory of Open Access Journals (Sweden)

    Iuri Bolesina

    2017-12-01

    Full Text Available From the constitutionalization of law and through the contributions of the phenomenology-hermeneutics, this paper aims a legal study about a possibility right to extimacy. Thus, the free development of the personality is approached. Next, it is studied the idea of extimacy, from the author Serge Tisseron. Then, the three assumptions of the right to extimacy are worked. Lastly, it is suggested the legal construction of the right to extimacy. It is concluded that, in general terms, the extimacy is the socially active and enjoyed life of the intimacy, which has no specific protection. It is understood that the right to extimacy has nature of fundamental right of the personality, implicit and attached to the right to intimacy and to the right of free speech, which protects immediately the existential good of the extimacy and mediately the development of the personal identity.

  19. Defensive Enforcement: Human Rights in Indonesia

    NARCIS (Netherlands)

    Hadiprayitno, I.

    2010-01-01

    The objective of the article is to examine the human rights enforcement in Indonesian legal and political system. This is done by studying the legal basis of human rights, the process of proliferation of human rights discourse, and the actual controversies of human rights enforcement. The study has

  20. Sign (di) lemma for dimension shifting

    Indian Academy of Sciences (India)

    Getting these signs right is important in order to avoid basic contradictions. We illustrate the result – which we call as the sign lemma for dimension shifting – by some de Rham ... Author Affiliations. Nitin Nitsure1. School of Mathematics, Tata Institute of Fundamental Research, Homi Bhabha Road, Mumbai 400 005, India ...

  1. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...... and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law...

  2. Right Where, Right When?

    OpenAIRE

    Graham, Beryl

    2015-01-01

    This exhibition catalogue essay was invited by the curator of The Lowry, Salford, for her Right Here, Right Now exhibition. The international artists included Thomson and Craighead, Timo Arnall, Mishka Henner and Daniel Rozin.

  3. Significance of satellite sign and spot sign in predicting hematoma expansion in spontaneous intracerebral hemorrhage.

    Science.gov (United States)

    Yu, Zhiyuan; Zheng, Jun; Ali, Hasan; Guo, Rui; Li, Mou; Wang, Xiaoze; Ma, Lu; Li, Hao; You, Chao

    2017-11-01

    Hematoma expansion is related to poor outcome in spontaneous intracerebral hemorrhage (ICH). Recently, a non-enhanced computed tomography (CT) based finding, termed the 'satellite sign', was reported to be a novel predictor for poor outcome in spontaneous ICH. However, it is still unclear whether the presence of the satellite sign is related to hematoma expansion. Initial computed tomography angiography (CTA) was conducted within 6h after ictus. Satellite sign on non-enhanced CT and spot sign on CTA were detected by two independent reviewers. The sensitivity and specificity of both satellite sign and spot sign were calculated. Receiver-operator analysis was conducted to evaluate their predictive accuracy for hematoma expansion. This study included 153 patients. Satellite sign was detected in 58 (37.91%) patients and spot sign was detected in 38 (24.84%) patients. Among 37 patients with hematoma expansion, 22 (59.46%) had satellite sign and 23 (62.16%) had spot sign. The sensitivity and specificity of satellite sign for prediction of hematoma expansion were 59.46% and 68.97%, respectively. The sensitivity and specificity of spot sign were 62.16% and 87.07%, respectively. The area under the curve (AUC) of satellite sign was 0.642 and the AUC of spot sign was 0.746. (P=0.157) CONCLUSION: Our results suggest that the satellite sign is an independent predictor for hematoma expansion in spontaneous ICH. Although spot sign has the higher predictive accuracy, satellite sign is still an acceptable predictor for hematoma expansion when CTA is unavailable. Copyright © 2017 Elsevier B.V. All rights reserved.

  4. International Legal Norms in Macedonia's Domestic Law

    Directory of Open Access Journals (Sweden)

    Blerton SINANI

    2014-11-01

    Full Text Available In the Republic of Macedonia, international treaties ratified in accordance with the Constitution are considered part of the internal legal order and cannot be changed by an act of Parliament. This solution confirms the principle that international treaties have more legal authority than all the other legal acts, with the exception of the Constitution. This article aims to give an insight on the constitutional provisions that regulate the position of international treaties in the Macedonian legal order. It identifies its advantages and shortcomings and offers some solutions that might be taken into account by the lawgiver in the future. The article also analyses the profound impact that the European Convention on Human Rights has exerted on the substantial nature of the catalogue of fundamental rights and freedoms prescribed in the Constitution of the Republic of Macedonia.

  5. Introducing legal method when teaching stakeholder theory

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    Governments are particularly salient stakeholders for business ethics. They act on societal needs and social expectations, and have the political and legal powers to restrict or expand the economic freedoms of business as well as the legitimacy and often urgency to do so. We draw on two examples......: the Business & Human Rights regime from a UN Global Compact perspective; and mandatory CSR reporting. Supplying integrated teaching notes and generalising on the examples, we explain how legal method may help students of business ethics, organisation and management – future managers – in their analysis...... to the business ethics literature by explaining how legal method complements stakeholder theory for organisational practice....

  6. Traffic Signs Inventory System

    Directory of Open Access Journals (Sweden)

    J. Ružbarský

    2013-06-01

    Full Text Available The paper is focused on practical application of Cambridge Correlator. The goal is to propose a traffic signs inventory system by using excellent characteristics of correlator in the rapid optical correlation. The proposal of this inventory system includes obtaining of traffic signs to create the database either collecting the GPS coordinates. It is necessary to know the traffic signs position and also to document the entire surface route for later evaluation in offline mode.

  7. Global human rights frameworks applicable to LGBTI migrants

    Directory of Open Access Journals (Sweden)

    Shana Tabak

    2013-04-01

    Full Text Available Although no international legal instrument exists to specifically protect the human rights of LGBTI individuals, over recent years international legal bodies have interpreted basic human rights provisions to apply to LGBTI populations.

  8. New radiation warning sign

    International Nuclear Information System (INIS)

    Mac Kenzie, C.; Mason, C.

    2006-01-01

    Full text: Radiation accidents involving orphan radioactive sources have happened as a result of people not recognizing the radiation trefoil symbol or from being illiterate and not understanding a warning statement on the radiation source. The trefoil symbol has no inherent meaning to people that have not been instructed in its use. A new radiation warning sign, to supplement the existing trefoil symbol, has been developed to address these issues. Human Factors experts, United Nations member states, and members of the international community of radiation protection professionals were consulted for input on the design of a new radiation warning sign that would clearly convey the message of 'Danger- Run Away- Stay Away' when in close proximity to a dangerous source of radiation. Cultural differences of perception on various warning symbols were taken into consideration and arrays of possible signs were developed. The signs were initially tested in international children for identification with the desired message and response. Based on these test results and further input from radiation protection professionals, five warning signs were identified as the most successful in conveying the desired message and response. These five signs were tested internationally in eleven countries by a professional survey company to determine the best sign for this purpose. The conclusion of the international testing is presented. The new radiation warning sign is currently a draft ISO standard under committee review. The design of the propose d radiation warning sign and the proposed implementation strategy outlined in the draft ISO standard is presented. (authors)

  9. Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

    Science.gov (United States)

    Marishet, Mohammed Hamza

    The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

  10. Legal scenario in burn care in India

    OpenAIRE

    Shah Atul

    2010-01-01

    Physicians engaged in management of burn patients in India need to keep themselves abreast with the legal requirements. Clinical burn management and liaison with local authorities go almost parallel. Concept of the legal rights of Burn Survivor and the family are emerging now in India. Demarcation between physical impairment status and disability to sustain are discussed. Burn Physicians can help their patients by imparting this information. Pertinent details about Workmen′s compensati...

  11. Investment Activities within the Legal Framework of the World Trade Organization

    Directory of Open Access Journals (Sweden)

    Gulnara Ruchkina

    2015-01-01

    Full Text Available This article contains an analysis of legal regulation of investment activities within the framework of the WTO. It considers factors that promote the establishment of a favorable investment climate, including the availability of special legislation, an efficient law enforcement practice and, as noted by many experts, availability and clarity of the judicial mechanism for the protection of violated rights. Recent foreign experience is analyzed and some issues of investment dispute settlement are considered. The article also deals with issues concerning the formation of competitive relations that, in their turn, also constitute an important factor of a state’s investment appeal.Investment activities constitute a popular type of entrepreneurial activity. Every state, regardless of where it is located or its level of economic development, aims to increase its investment activities and raise foreign investment inflow. To do this they adopt national regulatory acts and sign bilateral agreements, multilateral agreements, and execute international legal acts in the area of investment activities. This results in the need for examination of legal regulation in this area. Russia joining the WTO has resulted in regular revisions of current legal regulation, in particular in the law on foreign investments.

  12. Civil Rights, Human Rights and Terrorism in Northern Ireland.

    Science.gov (United States)

    Dowling, Kathryn

    1979-01-01

    Reviews political events of the past decade in Northern Ireland, focusing particularly on national and international legal actions relating to civil and human rights. The roles of England and, more briefly, the United States are discussed. (GC)

  13. The essential elements and the legal structure of master franchise agreement: How to draft a good contract?

    Directory of Open Access Journals (Sweden)

    Kerković-Milenković Tamara

    2010-01-01

    Full Text Available The creation of the draft and other legal documents in franchising transaction emanates the one of the most stressful challenge for the civil law lawyer. There are many reasons which create big obstacles in process of successfully drafting master franchise agreement. One of the main difficulties faced by the parties engaged in international trade is the lack of uniformed rules for the franchising agreement as well as franchising being anonymous contract in the most of legal systems of the world. Besides that, the franchise (emanating goodwill as the legal object of the franchising agreement is sui generis and fluid derives from the various numbers of rights and licence simmilar to right, such as trade names, trade marks and the shop signs, logos, utility models, designs, copyrights, know-how, etc. The legal structure of the mutual rights and obligations of the parties is extremely sophisticated not only because of the big number of obligations but because of their varieties and complexity. In most of the legal systems of common law as well as in the civil law countries the master franchise contract is not regulated neither with mandatory nor through dispositive norms of relationship laws but at the same time the franchise arrangements are subjected to a considerable number of laws and regulations from different areas of law, majority of which are regulated domestically and at the same time also at international legal context. Those areas of law are general contract law, agency law, leasing and security interests, intelectual property and competiton law, corporate law, insurance and labore law, consumer protection and product liability legislation and always important industry specific laws. In interantional legal practice there are many so-called template franchise agreement which are prepared from the franchisor in advance regulating all possible predictable legal solution and legislation. But, it is advisable for the civil law lawyer to treat

  14. Sexual orientation and gender identity in North America: legal trends, legal contrasts.

    Science.gov (United States)

    Elliott, R Douglas; Bonauto, Mary

    2005-01-01

    The article provides a comparative analysis of recent legal developments with regard to LGBT rights in Canada and the United States of America. Both countries have made great progress towards better protection and full recognition of LGBT rights. Despite this progress, Canada appears to be ahead of the United States, as illustrated by two most recent court decisions (e.g. Halpern, legalizing same-sex marriage in Ontario, and Lawrence v. Texas, decriminalizing consensual sodomy in the United States).

  15. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

    Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…

  16. 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.

  17. Beyond Species: The Quest for an Adequate Legal Concept for Animals in Brazilian Legal System

    Directory of Open Access Journals (Sweden)

    Carolina Maria Nasser Cury

    2015-12-01

    Full Text Available This paper examines the issue of the proper legal treatment of animals. To this end, we debunked the importance of the criterion of species for justifying the distinction between humans and animals. Then, we also sought to analyse the main ethical theories that overcome speciesism and its legal repercussions. We then discussed three theories, which are animal abolitionism, Kantian approach to animal rights and the utilitarian view. We addressed the differences between abolitionists, Kantian, and utilitarian bias regarding legal consideration of animals. Finally, we presented an alternative criterion to the current proposals regarding animal rights, which aims to overcome the dichotomy between things and persons on Law.

  18. Legalization of Educational Public Policies: Analysis of Controversial Issues

    Directory of Open Access Journals (Sweden)

    Urá Lobato Martins

    2016-12-01

    Full Text Available The article presents a critical analysis of the issue of legalization of public policies that deal with the right to education. Therefore, the literature review will be made, as well as an analysis of some precedents of the Supreme Court on the issue of legalization of this fundamental right. At the end, it will be shown that the right to education generates citizens the subjective rights of audience immediately, the effectiveness of this right.

  19. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

    presentation, I will focus on how the group included legal matters in the new letters, and how the pilot project group involved legal advice in their considerations. I will also discuss how and when to introduce legal advice in the letter editing process, drawing on the experiences of the group members......, interviewing central participants in the pilot project, and by carrying out a small questionnaire based survey and a series of interviews with members of the letters’ target group. One of the most prevalent challenges addressed by the group was how to make sure to address legal matters properly. In my...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...

  20. Fiduciary transfer of property rights

    Directory of Open Access Journals (Sweden)

    Đurđić Tamara

    2011-01-01

    Full Text Available Fiduciary transfer of property rights for the purpose of loan security represents the non-possessory form of collateral, which experiences renaissance in the comparative law. It is a complex legal institute, which is subject to numerous concerns and can be viewed from different perspectives, due to the large number of its specific features - non typical for the Continental European legal systems. The paper discusses disputed issues related to defining the causa, as well as the legal grounds, for fiduciary transfer of property rights, its legal nature and the justification thereof. Aiming at more adequate understanding of this complex Property Law institute and finding satisfactory answers to some of the disputed issues the legal theory has opened, the author analyses provisions of current legislation in Montenegro, which was the first country in the Region to regulate this non-possessory form of collateral.

  1. Mediation and Legal Assistance

    Directory of Open Access Journals (Sweden)

    Larisa Zaitseva

    2014-01-01

    Full Text Available The development of alternative dispute resolution procedures raises a number of new problems and questions for jurisprudence and legal practice. Many of these are closely related to the implementation of mediation procedures. Significant attention has been paid in the legal literature to the need for mediators’ legal education. Nowadays a professional lawyer usually performs the functions of a mediator. Nevertheless, in some countries the competence of mediators can be limited. In fact, such persons may be prohibited from providing any legal assistance to the parties. A direct prohibition of this kind exists in Russian legislation. To what degree is this prohibition realistic and reasonable? Different countries enjoy different approaches to the possibility of providing disputing parties with a mediator’s legal assistance in addressing issues requiring legal advice or in the drafting of legal documents. Different approaches to this issue have appeared for various reasons. The absence of consensus is caused by a contradiction between the principle of mediator neutrality in the conflict resolution process and the goals of dispute settlement in which a legally competent intermediary is involved. To ensure the effectiveness of the mediation process, legislators should seek out more flexible ways of regulating procedure. Mandatory regulation itself contradicts the spirit of ‘semi-formal’ alternative (extrajudicial methods for conflict resolution. As such, the presence of direct prohibitions or severe restrictions may not only become challenging in the performance of law but such peremptory norms can also make mediation unattractive and ineffective for some particular types of dispute, such as labor disputes. The principle of preserving a mediator’s neutrality is possible if exercised within the framework of a balanced approach to reasonable limits and discretionary rules for the provision of certain types of legal assistance to disputing

  2. Completely random signed measures

    DEFF Research Database (Denmark)

    Hellmund, Gunnar

    Completely random signed measures are defined, characterized and related to Lévy random measures and Lévy bases.......Completely random signed measures are defined, characterized and related to Lévy random measures and Lévy bases....

  3. Standardization of Sign Languages

    Science.gov (United States)

    Adam, Robert

    2015-01-01

    Over the years attempts have been made to standardize sign languages. This form of language planning has been tackled by a variety of agents, most notably teachers of Deaf students, social workers, government agencies, and occasionally groups of Deaf people themselves. Their efforts have most often involved the development of sign language books…

  4. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

    This section of the Bulletin presents the recently published documents and legal texts sorted by country: - Brazil: Resolution No. 169 of 30 April 2014. - Japan: Act Concerning Exceptions to Interruption of Prescription Pertaining to Use of Settlement Mediation Procedures by the Dispute Reconciliation Committee for Nuclear Damage Compensation in relation to Nuclear Damage Compensation Disputes Pertaining to the Great East Japan Earthquake (Act No. 32 of 5 June 2013); Act Concerning Measures to Achieve Prompt and Assured Compensation for Nuclear Damage Arising from the Nuclear Plant Accident following the Great East Japan Earthquake and Exceptions to the Extinctive Prescription, etc. of the Right to Claim Compensation for Nuclear Damage (Act No. 97 of 11 December 2013); Fourth Supplement to Interim Guidelines on Determination of the Scope of Nuclear Damage Resulting from the Accident at the Tokyo Electric Power Company Fukushima Daiichi and Daini Nuclear Power Plants (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.); Outline of 'Fourth Supplement to Interim Guidelines (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.)'. - OECD Nuclear Energy Agency: Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned; Joint Declaration on the Security of Supply of Medical Radioisotopes. - United Arab Emirates: Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage; Ratification of the Federal Supreme Council of Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage

  5. Legal Portion in Russian Inheritance Law

    Science.gov (United States)

    Inshina, Roza; Murzalimova, Lyudmila

    2013-01-01

    In this paper the authors describe the right to inherit as one of the basic human rights guaranteed by the Constitution of the Russian Federation. The state has set rules according to which after a person's death, his or her property is inherited by other persons. The Russian civil legislation establishes the institution of legal portions that is…

  6. Parental refusal: legal and ethical considerations

    African Journals Online (AJOL)

    The Children's Act of 2005 was a watershed in establishing the rights of the child in South Africa. This legal document makes provision for the care and protection of children, and defines parental responsibilities and rights. It also defines who is a “parent,” and what should be considered when requesting consent for ...

  7. Academic Freedom as Fundamental Right

    OpenAIRE

    Cippitani, Roberto

    2015-01-01

    [EN] The paper aims at defining in particular the concept of academic freedom within the context of the European legal sources. Even though the idea of a special corporative status for professors was born during the Middle Ages, it was only during the second half of the twentieth century that the Constitutions recognised academic freedom as an individual’s legal right.. Such an individual right is regulated within the category of the freedom of expression, even if it is characteri...

  8. Innovative Legal Approaches to Address Obesity

    Science.gov (United States)

    Pomeranz, Jennifer L; Teret, Stephen P; Sugarman, Stephen D; Rutkow, Lainie; Brownell, Kelly D

    2009-01-01

    Context: The law is a powerful public health tool with considerable potential to address the obesity issue. Scientific advances, gaps in the current regulatory environment, and new ways of conceptualizing rights and responsibilities offer a foundation for legal innovation. Methods: This article connects developments in public health and nutrition with legal advances to define promising avenues for preventing obesity through the application of the law. Findings: Two sets of approaches are defined: (1) direct application of the law to factors known to contribute to obesity and (2) original and innovative legal solutions that address the weak regulatory stance of government and the ineffectiveness of existing policies used to control obesity. Specific legal strategies are discussed for limiting children's food marketing, confronting the potential addictive properties of food, compelling industry speech, increasing government speech, regulating conduct, using tort litigation, applying nuisance law as a litigation strategy, and considering performance-based regulation as an alternative to typical regulatory actions. Finally, preemption is an overriding issue and can play both a facilitative and a hindering role in obesity policy. Conclusions: Legal solutions are immediately available to the government to address obesity and should be considered at the federal, state, and local levels. New and innovative legal solutions represent opportunities to take the law in creative directions and to link legal, nutrition, and public health communities in constructive ways. PMID:19298420

  9. VARIATIONS IN TACTILE SIGNING – THE CASE OF ONE-HANDED SIGNING

    Directory of Open Access Journals (Sweden)

    Johanna Mesch

    2011-01-01

    Full Text Available Tactile sign language is a variety of a national sign language. Tactile signing among persons with deafblindness also includes some minor variations. Early analyses of tactile Swedish Sign Language (e.g. Mesch 1998, 2001 show how interactants use both their hands in tactile communication in two different positions: dialogue position and monologue position. This paper examines the signing variations that partially or functionally blind signers encounter when using one hand to communicate with each other in a conversation dyad in what is one of the most advanced types of sign language communication. In tactile one-handed signing, the signer uses her right hand both for producing and receiving signs, while the addressee uses her left hand not only for receiving but also for producing signs after turn-taking, even though it is the non-dominant hand and, therefore, is not normally used to produce one-handed signs. In this study, conversation analysis was conducted on the discourse of four groups. The results show that some variations depend on the linguistic background of individuals and their everyday communication. A comparative study of a two-handed and a one-handed system is then presented, focusing on issues of simplicity, flexibility, turn-taking, and feedback. Some results showing changes in the sign structures of both communication types are also presented.

  10. Terrorism and anti-terror legislation - the terrorised legislator? A comparison of counter-terrorism legislation and its implications on human rights in the legal systems of the United Kingdom, Spain, Germany, and France

    NARCIS (Netherlands)

    Oehmichen, Anna

    2009-01-01

    The thesis deals with the history of terrorism and counter-terrorism legislation, focussing on the legislation in the UK, Spain, Germany and France, in the last 30 years, and analysing its compatibility with national and European human rights standards.

  11. Human rights literacy: Moving towards rights-based education and ...

    African Journals Online (AJOL)

    Our theoretical framework examines the continual process of moving towards an open and democratic society through the facilitation of human rights literacy, rights-based education and transformative action. We focus specifically on understandings of dignity, equality and freedom, as both rights (legal claims) and values ...

  12. Public perceptions of arguments supporting and opposing recreational marijuana legalization.

    Science.gov (United States)

    McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L

    2017-06-01

    In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments

  13. The relationship between sign production and sign comprehension: What handedness reveals.

    Science.gov (United States)

    Watkins, Freya; Thompson, Robin L

    2017-07-01

    Unlike the phonological loop in spoken language monitoring, sign language users' own production provides mostly proprioceptive feedback and only minimal visual feedback. Here we investigate whether sign production influences sign comprehension by exploiting hand dominance in a picture-sign matching task performed by left-handed signers and right-handed signers. Should all signers perform better to right-handed input, this would suggest that a frequency effect in sign perception drives comprehension. However, if signers perform better to congruent-handed input, this would implicate the production system's role in comprehension. We found evidence for both hypotheses, with variation dependent on sign type. All signers performed faster to right-handers for phonologically simple, one-handed signs. However, left-handed signers preferred congruent-handed input for phonologically complex, two-handed asymmetrical signs. These results are in line with a weak version of the motor theory of speech perception, where the motor system is only engaged when comprehending complex input. Copyright © 2017 The Authors. Published by Elsevier B.V. All rights reserved.

  14. A Regularização Fundiária de Interesse Social e o Processo Regulatório Jurídico-Administrativo para Consolidação do Direito à Moradia / Social Interest in Land Regularization and the Legal and Administrative Process for Consolidating the Right to Housing

    Directory of Open Access Journals (Sweden)

    Arleide Meylan

    2016-10-01

    Full Text Available Purpose – The paper analyzes the urban real estate regularization and its theoretical and practical implications on national urban policy to consolidate the right to housing in Brazil. Methodology/approach/design – Theoretical analysis and case study on the statutory instruments designed for the implementation of the right to housing in Brazil. Results – The article reaches the conclusion that government and social attention is desirable for the regulatory process to implement principles of the city’s social function and the social function of property, using the parameters put forward by of the legal, regulatory and administrative instruments available at the national urban policy. Practical implications – The article demonstrates that the urban real estate regularization requires the involvement of government and society for realization of the principles of the social function of property and the city, and to promote social inclusion of Brazilian urban spaces. Originality/value – It seeks to elucidate the institute of land regularization, explaining the importance of the tools provided by Brazilian legal framework and the state’s role in the regulatory process for the application of the institute, especially on the problems of the social segregation space of Brazilian urban spaces.

  15. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

    This article examines the legal position of a nurse who believes that a colleague is performing below the level of competence required, witnesses inappropriate action by a colleague, or who believes that the care environment is putting patients at risk.

  16. Rights Under Pressure

    OpenAIRE

    O Cinneide, C. P.

    2017-01-01

    Human rights law faces a crisis of legitimacy, both in the UK and across much of the wider democratic world. A drumbeat of media criticism focusing on the alleged incompatibility of human rights norms with both ‘common sense’ and the principle of democratic self-government has grown louder, while sceptical voices can increasingly be heard in academia and elsewhere questioning whether the legal protection of human rights has ‘gone too far’. In response, rights enthusiasts have clung to old ver...

  17. Crocodile jaw sign

    Directory of Open Access Journals (Sweden)

    Brij Sharma

    2016-01-01

    Full Text Available This teaching image highlights the CT abdominal imaging finding of 'crocodile jaw sign' which should raise concern about the presence of an incomplete annular pancreas which causes partial encasement of the duodenum.

  18. Dermatomyositis: Signs and Symptoms

    Science.gov (United States)

    ... for MDA Blog Donate Search MDA.org Close Dermatomyositis Share print email share facebook twitter google plus ... Signs and Symptoms What happens to someone with dermatomyositis? For many decades, dermatomyositis was considered “ polymyositis with ...

  19. [Rights of the child, parents' rights, and state monitoring : When is state intervention in parental autonomy permissible?].

    Science.gov (United States)

    Maywald, Jörg

    2016-10-01

    Children have their own rights from the outset. It is primarily their parents who are responsible for the implementation of these rights. But state instances also carry responsibility for child rights. The state should only intervene in the parental autonomy against the will of the parents when a child's well-being is endangered. The subject under investigation is whether the development of Frühe Hilfen may have led to a subtle bringing forward of the threshold to state intervention, and how this should be assessed from the perspective of the rights of the child. The relevant legal and sociological literature is surveyed and evaluated with this question in mind. Findings indicate that there has been no change in the threshold to state intervention on a legal level. However, there are obvious signs that with the application of existing norms, more than before, the state no longer waits to intervene until actual harm has been done to a child, but already does so when there is a concrete threat to the child's well-being. The discussion shows that from the rights of the child perspective there is no existing reason to bring forward the threshold to state intervention in the parental autonomy. However, there is need for improvement in regard to specialist as well as legal measures. It is suggested that an approach based on the child's rights should be established across all professional fields, the child's position in various points of social law, and the rights of the child anchored in constitutional law.

  20. Calibrating Legal Judgments

    OpenAIRE

    Frederick Schauer; Barbara A. Spellman

    2017-01-01

    Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociolog...

  1. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    Hertel, Thomas Klitgaard

    This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East.......This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East....

  2. THE LEGAL CAPACITY TO TRADE

    Directory of Open Access Journals (Sweden)

    ADELIN UNGUREANU

    2014-12-01

    Full Text Available Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities that can be reflected and analysed by obtaining and maintain the sole trader status.

  3. THE LEGAL CAPACITY TO TRADE

    OpenAIRE

    ADELIN UNGUREANU

    2014-01-01

    Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities t...

  4. [Psychiatric treatment--legal aspects].

    Science.gov (United States)

    Koller, Matthias

    2014-07-01

    Doctors want to save lives and promote health. But their patients have the right to decide for themselves about what doctors do with them, and they are free to refuse treatment, even if it is unreasonable from a medical perspective. The law acknowledges this freedom even if a patient is incapable of responsible self-determination as a result of (mental) illness. Treatment contrary to the patient's declared intention will be allowed only under specific, narrow circumstances. These requirements must be legally established in a clear and precise manner. © Georg Thieme Verlag KG Stuttgart · New York.

  5. LEGAL ASPECTS AND UNCONVENTIONAL METHODS OF CANCER TREATMENT

    Directory of Open Access Journals (Sweden)

    S. V. Sidorov

    2018-01-01

    Full Text Available Background: The current legislation on the provision of medical assistance fixes the patient’s right to health care and medical assistance (Article 41 of the Constitution of the Russian Federation. Hence it follows that the patient has the opportunity to receive advice on the use of different treatment methods not only from his/her attending physician, but also from other doctors, to use available reference information, and to consider options for using methods of alternative medicine. Patients have the right to refuse treatment if they consider that the treatment options offered by the attending physician are inappropriate for them. Physicians have no right to treat patients without a patient’s informed consent. It is necessary to determine the actual legal model of the relationship between the attending physician and the patient, who may have different options for further treatment. The purpose of the study was to analyze the legislation on the protection of public health, which allows the attending physician to refuse further treatment of a patient, informing the chief physician about the reasons for the refusal.Results. In cases when cancer hospitals and centers refuse to treat patients who decline conventional cancer treatment and require alternative medicine instead, a signed mutual refusal of medical care is documented: the patient’s refusal of the treatment and the cancer institution’s refusal of the treatment options offered by the patient.

  6. Representation and Non-representation of Knowledge Mediation in Legal Contracts

    DEFF Research Database (Denmark)

    Larsen, Aase Voldgaard

    In this paper, focus is on mediation of legal knowledge between expert and layman in connection with German legal contracts. Focus is not, however, on the role of a classical mediator (e.g. a translator), but on knowledge mediation performed by the expert himself. This mediation of legal knowledge...... takes place in different ways. A survey among lawyers (Larsen 2009) showed that, concerning legal contracts, mediation of knowledge is largely performed by legal experts, i.e. lawyers, to their clients during personal consultations before the contract is signed. Many lawyers prefer to explain difficult...... legal terms or other contents to their clients orally, instead of doing it in writing within the frames of the legal contract. The lawyers who choose to explain the legal contents orally have several reasons for doing so, but in my paper, I will argue that this form of mediation causes certain problems...

  7. On the temporal dynamics of sign production: An ERP study in Catalan Sign Language (LSC).

    Science.gov (United States)

    Baus, Cristina; Costa, Albert

    2015-06-03

    This study investigates the temporal dynamics of sign production and how particular aspects of the signed modality influence the early stages of lexical access. To that end, we explored the electrophysiological correlates associated to sign frequency and iconicity in a picture signing task in a group of bimodal bilinguals. Moreover, a subset of the same participants was tested in the same task but naming the pictures instead. Our results revealed that both frequency and iconicity influenced lexical access in sign production. At the ERP level, iconicity effects originated very early in the course of signing (while absent in the spoken modality), suggesting a stronger activation of the semantic properties for iconic signs. Moreover, frequency effects were modulated by iconicity, suggesting that lexical access in signed language is determined by the iconic properties of the signs. These results support the idea that lexical access is sensitive to the same phenomena in word and sign production, but its time-course is modulated by particular aspects of the modality in which a lexical item will be finally articulated. Copyright © 2015 Elsevier B.V. All rights reserved.

  8. Right patient, Right blood

    DEFF Research Database (Denmark)

    Selberg, Hanne; Madsen, Trine Stougaard

    2014-01-01

    : 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......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...

  9. Legal Inheritance in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Hamdi Podvorica

    2011-06-01

    Full Text Available Legal inheritance is one of the most important institutions of inheritance law which regulates the process of legal transition of property of the decedent to one or several heirs. The establish-ment of the legal framework has brought about new reforms to the Inheritance Law. This has enabled the enrichment and functio-ning of the law. A particularly important step was taken towards regulation of legal procedures regarding to how courts, other or-gans and other persons should act regarding inheritance issues. Concretization of the legal authorizations of bodies authorized to enforce the procedure of processing hereditary property has estab-lished the legal basis for realization of the iso jure principle, accor-ding to which, at the moment of death of the person, the heirs gain the right of inheritance and the hereditary property is never left without a titleholder. This is a great advantage that we have noted in undertaking this analysis of the norms in this work, because leaving hereditary property for a longer period of time without a titleholder would render the property vulnerable to des-truction, theft and extermination. The goal of this paper is to avoid focusing only on finding the positive sides of the normative regulation of the legal inheritance process, but also in finding practical deficiencies that are weighing down at the moment on this important process in Kosovo, and in proposing measures for overcoming them. The dark side of the legal inheritance process is linked to the inefficiency of courts and the still fragile legal system in Kosovo. By implementing empirical methods, we have come to the con-clusion that the low number of judges in proportion with the huge number of cases has become a key liability for practical implemen-tation of the principle of initiating the legal procedure ex officio. The failure in enforcing this principle and initiating the procedu-res for processing of hereditary property by courts, even though they

  10. The legal mentality and the succession of the law.

    Directory of Open Access Journals (Sweden)

    Vladimir Rybakov

    2017-01-01

    Full Text Available УДК 340Subject. The peculiarities of the legal mentality and succession of law, their correlation and communication.The purpose of the article is to identify the relationship of the legal mentality and development of the law.Methodology. The research is based on the method of legal analysis, formal-legal method.Results, scope of application. The legal mentality and continuity in the law are linked and have common features. They are based on national law, are a reflection of him.Continuity in the law is objectively existing relationship between the various stages of its development, aimed at ensuring the continuity of national rights, preserving the past in the present.The basis of the legal mentality and continuity in the development of the law are objective factors. These phenomena are associated with the past, with the history of their own, caused by it. The development of law and legal awareness is provided not only in the change process, but in the process of preservation. The legal mentality and continuity in the development of the law are genetic in nature. Communication legal mentality with continuity in the development of the law can clearly be seen in its functions: maintain the continuity of the existence of a particular community (homeostasis function, communication, preservation (protection, stabilization and preservation of justice, regulatory.Conclusions. There is an interaction between the legal mentality and continuity in the development of the law. Mentality as a historically formed and stable matrix typification of behavior and thinking through the lawmaking process predetermines the preservation and use of the original legal material is proven to be effective. The stability of the legal positions, legal thinking, passed down from generation to generation are the basis of the continuity law. Stability of legal views, legal thinking, transferred from generation to generation are the basis succession of law. 

  11. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

    Full Text Available In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law, while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct. In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we

  12. 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. Copyright © 2015 Elsevier Ltd. All rights reserved.

  13. The Right To Die. Public Talk Series.

    Science.gov (United States)

    Pasquerella, Lynn

    This program guide on the right to die provides policy issue information where ethical concerns have a prominent place. Three positions about the right to die are presented: (1) mercy killing and assisted suicide should be legally permitted in certain cases; (2) legal status should be given to living wills and other advance directives that would…

  14. Adolf Kussmaul and Kussmaul's sign

    Directory of Open Access Journals (Sweden)

    Navreet Singh

    2015-01-01

    Full Text Available Kussmaul's has provided us with three important signs: Pulses paradoxus, Kussmaul's sign and Kussmaul Breathing. This article discusses Kussmaul's sign, its discovery, first description, pathophyiology and exceptions.

  15. 3 October 2013 - Ukrainian Vice Prime Minister Ukraine K. I. Gryschenko welcomed by CERN Director-General R. Heuer who introduces Head of International Relations R. Voss; Head of Technology Department F. Bordry; Deputy Head of International Relations E. Tsesmelis; Deputy Legal Counsel M. Wilbers; Adviser for Ukraine T. Kurtyka; Signing of the Agreement between Ukraine and CERN concerning the granting of the status of Associate Member at CERN; in the LHC tunnel at Point 5 and visiting CMS experimental area with CERN Team Leader A. Petrilli.

    CERN Multimedia

    Anna Pantelia

    2013-01-01

    3 October 2013 - Ukrainian Vice Prime Minister Ukraine K. I. Gryschenko welcomed by CERN Director-General R. Heuer who introduces Head of International Relations R. Voss; Head of Technology Department F. Bordry; Deputy Head of International Relations E. Tsesmelis; Deputy Legal Counsel M. Wilbers; Adviser for Ukraine T. Kurtyka; Signing of the Agreement between Ukraine and CERN concerning the granting of the status of Associate Member at CERN; in the LHC tunnel at Point 5 and visiting CMS experimental area with CERN Team Leader A. Petrilli.

  16. Legal opinion/expert report in the case of Rocio San Miguel Sosa and others v. Venezuela, case nr. 12.923, on request of the Inter-American Court on Human Rights : Expert report in the case of Rocio San Miguel Sosa and others v. Venezuela

    OpenAIRE

    Voorhoof, Dirk

    2017-01-01

    First the report examines the preliminary question whether signing a statement or a petition in a political context, such as a petition to carry out a recall referendum on the term of office of a head of state, is to be considered as an act of exercising the right to express a (political) opinion (by a civil servant or employee in the public sector), guaranteed by Article 19.2 ICCPR and/or Article 10 § 1 ECHR. Second it analyzes under what circumstances a termination of employment contract o...

  17. A Goddess for semiotics of law and legal discourse

    Directory of Open Access Journals (Sweden)

    Jan M. Broekman

    2011-12-01

    Full Text Available The work of the great American philosopher Charles Sanders Peirce (1839-1914 becomes more and more appreciated beyond the boundaries of his pragmatism, a philosophical mainstream he founded in the early 20th century. This essay is inspired by five points of interest, all of which focus on law and legal discourse. Firstly, one should acknowledge that his proposal pertaining to a general theory of signs, which he called ‘semeiotics’ around 1860, leads to an untraditional and in-depth understanding of legal discourse: in essence, of law as a system of specific meanings and signs. Semiotics in general became a substantial part of his ‘evolutionary cosmology,’ an all-embracing approach to tackle classical and modern philosophical issues. Secondly, his anthropological intuition based on semiotics, (concentrated in the formula ‘man is a sign’ became important for our understanding of a human subject’s position in law, as author of a legal discourse as well as an individual subjected to law. Thirdly, the tensions between chance and continuity in legal discourse are of focal interest for the creation of legal meaning in law’s practices. Novelty, Peirce suggested in this context, occurs by the grace of chance rather than of continuity and fixed traditions. Fourthly, Roberta Kevelson (1931-1998 explored and expanded the field of legal semiotics on the basis of the works of Peirce. In doing so, she established an American tradition of legal semiotics distinct from a European tradition, which related more to linguists, psychologists and philosophers embracing structuralism. Fifthly, Tyche, the Ancient Goddess of fate and fortune, is because of Peirce’s references more at home in the US legal semiotic tradition. Her fame and influence reaches beyond law and became supported by recent archaeological discoveries, publications and exhibitions, which not only provide information about her background, but also underline her possible influence on

  18. Legalizing physician-assisted suicide and/or euthanasia: Pragmatic implications

    NARCIS (Netherlands)

    Hudson, P.; Hudson, R.; Philip, J.; Boughey, M.; Kelly, B.; Hertogh, C.M.P.M.

    2015-01-01

    Objective: Despite the availability of palliative care in many countries, legalization of euthanasia and physician-assisted suicide (EAS) continues to be debated - particularly around ethical and legal issues - and the surrounding controversy shows no signs of abating. Responding to EAS requests is

  19. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

    Legal Advisers from twelve international organizations belonging to the United Nations Organization's family met at the Agency's Headquarters in Vienna on 19 and 20 May to discuss legal problems of common administrative interest. The meeting was held on the initiative of the Agency while the UN Conference on the Law of Treaties was taking place in Vienna during April and May. With Mr. Constantin A. Stavropoulos, Under-Secretary, Legal Counsel of the United Nations, as chairman, this was the second meeting of Legal Advisers since 1954. The following organizations were represented: Food and Agriculture Organization of the United Nations, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Civil Aviation Organization, International Labour Organisation, Inter-Governmental Maritime Consultative Organization, International Monetary Fund, International Telecommunication Union, United Nations, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization, World Health Organization. Topics discussed included the recruitment of legal staff and possible exchange of staff between organizations; competence and procedure of internal appeals committees, experience with cases before the Administrative Tribunals and evaluation of their judgments; experience with Staff Credit Unions; privileges and immunities of international organizations; headquarters and host government agreements; and patent policies of international organizations. Consultations will continue through correspondence and further meetings. (author)

  20. Computational triadic algebras of signs

    Energy Technology Data Exchange (ETDEWEB)

    Zadrozny, W. [T.J. Watson Research Center, Yorktown Heights, NY (United States)

    1996-12-31

    We present a finite model of Peirce`s ten classes of signs. We briefly describe Peirce`s taxonomy of signs; we prove that any finite collection of signs can be extended to a finite algebra of signs in which all interpretants are themselves being interpreted; and we argue that Peirce`s ten classes of signs can be defined using constraints on algebras of signs. The paper opens the possibility of defining multimodal cognitive agents using Peirce`s classes of signs, and is a first step towards building a computational logic of signs based on Peirce`s taxonomies.

  1. Medico-legal issues in breast imaging

    International Nuclear Information System (INIS)

    Purushothaman, H.N.; Wilson, R.; Michell, M.J.

    2012-01-01

    Aim: To identify medico-legal issues that occur in the diagnosis and radiological management of breast disease and to propose measures to reduce the risk of patient complaints and legal action in breast radiology and diagnosis. Materials and methods: Institutional review board approval was not applicable for this study. A retrospective study was undertaken and records of 120 medico-legal investigations over a 10 year period were examined. The reports were compiled by two consultant breast radiologists. Results: The mean age of the patients represented in this study was 48.3 years. The main complaint in this series was a delay in diagnosis (92%) followed by inappropriate or inadequate treatment (8%). 81% of cases were patients who had presented to the symptomatic clinic. The main presenting symptom was a palpable lump (65%). Substandard care was cited in 49/120 cases (41%). The mean average delay in diagnosis was 15.6 months. Of the cases cited as substandard care, 61% were considered the fault of the radiologist and 14% considered the fault of the breast surgeon. Of the cases where the radiologist was considered to be at fault, microcalcification was the most common mammographic sign to be missed or misinterpreted (12/26 cases, 46%). Conclusion: The most common complaint in this series was delay in diagnosis with microcalcification being the main mammographic sign that was either not seen or misinterpreted by the radiologist. Clear and precise written protocols are recommended for all breast imaging practice to ensure that medico-legal investigations will be greatly reduced.

  2. Economic and legal consequences of concluded apparent legal on national interests in Montenegro

    Directory of Open Access Journals (Sweden)

    Vuksanović Draginja

    2017-01-01

    Full Text Available Concluding contracts on long-term leases of state-owned properties, beaches and bathing grounds should bring about positive economic effects through the payment of lease fees and the construction of tourist complexes, which in turn should be reflected on the development of tourism, and therefore on a better quality of life of citizens. In order to have legal effect, a contract as a legal transaction must be concluded in accordance with positive legal regulations. The respect for the institution of public order is the only condition limiting the fundamental principle of the law of obligations - the freedom of contract (autonomy of will. Through a detailed legal analysis, we want to draw attention to the examples of contracts on long-term leases that are unlawful. It is a particular type of apparent legal transactions (simulated contracts, because in concluding contracts on long-term leases of state-owned property, leases are simulated in public, while the contracts actually contain elements of sales. It is particularly interesting that the lessor in the concluded contracts is a relevant state authority (a ministry, on whose behalf the contract is signed by an authorized representative who had also led the negotiations with foreign investors. The consequences of such contracts negatively influence the economic development, tourism industry, and therefore also the standard of living of citizens.

  3. Legal briefing: Informed consent.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

    This issue's "Legal Briefing" column covers legal developments pertaining to informed consent. Not only has this topic been the subject of recent articles in this journal, but it also been the subject of numerous public and professional discussions over the past several months. Legal developments concerning informed consent can be usefully grouped into nine categories: 1. General disclosure standards in the clinical context; 2. Shared decision making; 3. Staturorily mandated abortion disclosures; 4. Staturorily mandated end-of-life counseling; 5. Other staturorily mandated subject-specific disclosures; 6. U.S. Food and Drug Administration (FDA) labeling and federal pre-emption of state informed consent law; 7. Relaxed informed consent for HIV testing; 8. General disclosure standards in the research context; 9. Issues on the horizon.

  4. Legal knowledge, needs, and assistance seeking among HIV positive and negative women in Umlazi, South Africa.

    Science.gov (United States)

    Hill, Lauren M; Maman, Suzanne; Holness, David; Moodley, Dhayendre

    2016-01-22

    The rights of women and people living with HIV (PLHIV) are protected under South African law, yet there is a gap in the application of these laws. While there are numerous systemic and social barriers to women's and PLHIV's exercise of their legal rights and rights to access social services, there has been little effort to document these barriers as well as legal needs and knowledge in this context. 1480 HIV-positive and HIV-negative women recruited from an antenatal clinic in Umlazi Township completed a questionnaire on legal knowledge, experience of legal issues, assistance seeking for legal issues, and barriers to seeking assistance. We compared the legal knowledge and experience of legal issues of HIV-positive and HIV-negative women, and described assistance seeking and barriers to assistance seeking among all women. Both HIV-positive and HIV-negative women had high levels of knowledge of their legal rights. There were few important differences in legal knowledge and experience of legal issues by HIV status. The most common legal issues women experienced were difficulty obtaining employment (11 %) and identification documents (7 %). A minority of women who had ever experienced a legal issue had sought assistance for this issue (38 %), and half (50 %) of assistance sought was from informal sources such as family and friends. Women cited lack of time and government bureaucracy as the major barriers to seeking assistance. These results indicate few differences in legal knowledge and needs between HIV-positive and HIV-negative women in this context, but rather legal needs common among women of reproductive age. Legal knowledge may be a less important barrier to seeking assistance for legal issues than time, convenience, and cost. Expanding the power of customary courts to address routine legal issues, encouragement of pro bono legal assistance, and introduction of legal navigators could help to address these barriers.

  5. Positive Legal Responsibility in the Family Law

    Directory of Open Access Journals (Sweden)

    Pavel A. Matveev

    2014-03-01

    Full Text Available In the present article author bases on the analysis of doctrinal and normative sources attempt to substantiate the existence of positive legal responsibility. Author defines the specificity of positive familial liability in the mechanism of self- identity of lawful behavior. Considering the nature of family legal liability, author proves independence of family-legal responsibility; it differs from civil, criminal and administrative responsibility. Author gives own definition of family-legal responsibility, gives characteristic features of this type of liability and justifies own view of the concept of responsibility in the modern family. Author substantiates view that family liability is expressed in multiple sanctions fixable current family law. Author notes that measures of family - legal responsibility are: annulment of the marriage, deprivation and restriction of parental rights, abolition of adoption, custody, guardianship, termination of child in a foster family placement, deprivation of the right to communicate with the child, taking away a child, termination or limitation of the obligation to subject the material contents of family relationship to other entities. Justifying own views, author relies on the opinions of scholars, experts, as well as a number of other competent persons.

  6. Toward the Ideal Signing Avatar

    Directory of Open Access Journals (Sweden)

    Nicoletta Adamo-Villani

    2016-06-01

    Full Text Available The paper discusses ongoing research on the effects of a signing avatar's modeling/rendering features on the perception of sign language animation. It reports a recent study that aimed to determine whether a character's visual style has an effect on how signing animated characters are perceived by viewers. The stimuli of the study were two polygonal characters presenting two different visual styles: stylized and realistic. Each character signed four sentences. Forty-seven participants with experience in American Sign Language (ASL viewed the animated signing clips in random order via web survey. They (1 identified the signed sentences (if recognizable, (2 rated their legibility, and (3 rated the appeal of the signing avatar. Findings show that while character's visual style does not have an effect on subjects' perceived legibility of the signs and sign recognition, it has an effect on subjects' interest in the character. The stylized signing avatar was perceived as more appealing than the realistic one.

  7. Legal Protections Gay Students Must Receive

    Science.gov (United States)

    Underwood, Julie

    2004-01-01

    This article discusses practical guidance on schools' legal rights and responsibilities with respect to students, programs, and curriculum. Like all other individuals, lesbian, gay, bisexual, and transgender (LGBT) students are guaranteed equal protection under the Fourteenth Amendment to the Constitution and free speech and association under the…

  8. Land Conversion, Social Impacts, and Legal Remedies ...

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

    Land Conversion, Social Impacts, and Legal Remedies: Understanding the Role of Community Paralegals in Addressing Impacts of Land Use Change in Asia. This project ... There is a recognized need for intermediary institutions, such as media, political parties, and unions that help citizens exercise their rights. Community ...

  9. Pursuing the Right to an Effective Remedy for Human Rights ...

    African Journals Online (AJOL)

    MJM Venter

    2017-12-19

    Dec 19, 2017 ... effective remedy for a human rights violation.1 In other words, a victim of a human rights violation is legally .... Lord Denning in Gouriet v Union of Post Office Workers [1978] AC 435 quoted by. Zegveld above and .... Put in a practical and comparative perspective, there is a great deal of disparity in terms of ...

  10. Conceptual representation of actions in sign language.

    Science.gov (United States)

    Dobel, Christian; Enriquez-Geppert, Stefanie; Hummert, Marja; Zwitserlood, Pienie; Bölte, Jens

    2011-01-01

    The idea that knowledge of events entails a universal spatial component, that is conceiving agents left of patients, was put to test by investigating native users of German sign language and native users of spoken German. Participants heard or saw event descriptions and had to illustrate the meaning of these events by means of drawing or arranging toys. Two types of verbs were tested, differing in the way they are signed. Verbs with a horizontal transient are typically signed with a left-to-right directionality, from the addressee's point of view. In contrast, verbs with sagittal transients display transitions moving toward or away from speaker. Signers showed a direct mapping preference for verbs with horizontal transients, by putting agents at the same position in space as in the signed message (i.e., mirroring signing space). No such effect was found for verbs with sagittal transients. In all, the data fit with the idea that interpretations of signed or spoken languages are modulated by task and culture as well as language-related factors and constraints. © The Author 2011. Published by Oxford University Press. All rights reserved.

  11. Fumbling toward a Critical Legal Pedagogy and Practice

    Science.gov (United States)

    Matambanadzo, Saru

    2006-01-01

    This article argues that the culture and practice of legal education in the United States functions to dehumanize law students and potentially produce one-dimensional lawyers in the service of corporate interests and the capitalist status quo. These lawyers are trained to serve not only as the guardians of legal rights, social entitlements and…

  12. CURRENT PRACTICES AND MEDICO-LEGAL ASPECTS OF PRE ...

    African Journals Online (AJOL)

    hi-tech

    2004-07-01

    Jul 1, 2004 ... As the legal system in our society advances, coupled with the widespread use of advanced information technology, it follows that majority of our patients would become conscious of their legal rights. Thus, the issue of litigation known to be very rampant in the western world may soon become the order of.

  13. Personal Data Processing for Behavioural Targeting: Which Legal Basis?

    NARCIS (Netherlands)

    Zuiderveen Borgesius, F.J.

    2015-01-01

    Key Points •The European Union Charter of Fundamental Rights only allows personal data processing if a data controller has a legal basis for the processing. •This paper argues that, in most circumstances, the only available legal basis for the processing of personal data for behavioural targeting is

  14. These signs here now

    DEFF Research Database (Denmark)

    Raudaskoski, Pirkko Liisa

    1995-01-01

    Hallidays (1984) formulations of systemic-functional linguistics together with Hodge and Kress' (1988) social semiotics share the assumption that signs are not arbitrary: People make choices out of a web of possible constructions or expressions, and those choices can be shown to be motivated. Con...

  15. Sign Language Web Pages

    Science.gov (United States)

    Fels, Deborah I.; Richards, Jan; Hardman, Jim; Lee, Daniel G.

    2006-01-01

    The World Wide Web has changed the way people interact. It has also become an important equalizer of information access for many social sectors. However, for many people, including some sign language users, Web accessing can be difficult. For some, it not only presents another barrier to overcome but has left them without cultural equality. The…

  16. Buffer Zone Sign Template

    Science.gov (United States)

    The certified pesticide applicator is required to post a comparable sign, designating a buffer zone around the soil fumigant application block in order to control exposure risk. It must include the don't walk symbol, product name, and applicator contact.

  17. Derivative Sign Patterns

    Science.gov (United States)

    Clark, Jeffrey

    2011-01-01

    Analysis of the patterns of signs of infinitely differentiable real functions shows that only four patterns are possible if the function is required to exhibit the pattern at all points in its domain and that domain is the set of all real numbers. On the other hand all patterns are possible if the domain is a bounded open interval.

  18. Sign Lowering and Phonetic Reduction in American Sign Language

    OpenAIRE

    Tyrone, Martha E.; Mauk, Claude E.

    2010-01-01

    This study examines sign lowering as a form of phonetic reduction in American Sign Language. Phonetic reduction occurs in the course of normal language production, when instead of producing a carefully articulated form of a word, the language user produces a less clearly articulated form. When signs are produced in context by native signers, they often differ from the citation forms of signs. In some cases, phonetic reduction is manifested as a sign being produced at a lower location than in ...

  19. The surface right

    OpenAIRE

    Del Risco Sotil, Luis Felipe

    2017-01-01

    This article addresses over the regulation of the surface right in the Peruvian Law along with its main points of contact with other important institutions in the field of real estate. The author points the evolution of this figure in the Peruvian legislation and determinates its legal nature and its characteristics, establishing its relation with the principle of real estate accession property and the implications of the transitional division that the surface generates. In other relevant asp...

  20. [No motor signs in Parkinson's disease].

    Science.gov (United States)

    Azulay, Jean-Philippe; Witjas, Tatiana; Eusebio, Alexandre

    2017-03-01

    In Parkinson's disease, motor signs have long been the main targets of the management of the disease. In recent years, non-motor disorders have elicited increasing interest. These disorders are under diagnosed and managed more difficultly than motor signs and are sometimes perceived as more disturbing by the patients. These signs are polymorphous, sometimes occurring before the motor symptoms but increase with the disease duration and complicating always the late stages. They may fluctuate as the motor signs, while being under the control of dopaminergic pathways, or be linked to the degeneration of other neuronal circuits. These clinical manifestations, whether or not fluctuating are classified into three major categories: psycho-cognitive including sleep disorders, autonomic and sensory. Copyright © 2016 Elsevier Masson SAS. All rights reserved.

  1. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

    Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)

  2. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

    This section treats of the following documents and legal texts: 1 - Belgium 29 June 2014 - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy; 2 - Belgium, 7 December 2016. - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy

  3. A Legal Constant

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

    The 21st century has brought many technological, social, and economic changes--nearly all of which have affected schools and the students, administrators, and faculty members who are in them. Luckily, as some things change, other things remain the same. Such is true with the fundamental legal principles that guide school administrators' actions…

  4. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

    What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...

  5. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

    A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…

  6. Five Models of Legal Science

    OpenAIRE

    Núñez Vaquero, Álvaro

    2013-01-01

    This paper pursues three goals. First, some traditional concepts of ‘legal science’ will be analysed, and a definition of ‘legal science ampio sensu’, ‘legal science stricto sensu’ and ‘legal dogmatics’ will be proposed. Second, a reconstruction of five models of ‘legal science ampio sensu’ will be presented to show the different methodological alternatives available to legal scholars. Third, I claim that it is necessary (for conceptual reasons) to argue for moral reasons when choosing a lega...

  7. Legal scenario in burn care in India.

    Science.gov (United States)

    Shah, Atul Kumar

    2010-09-01

    Physicians engaged in management of burn patients in India need to keep themselves abreast with the legal requirements. Clinical burn management and liaison with local authorities go almost parallel. Concept of the legal rights of Burn Survivor and the family are emerging now in India. Demarcation between physical impairment status and disability to sustain are discussed. Burn Physicians can help their patients by imparting this information. Pertinent details about Workmen's compensation act, Persons with disabilities act and guidelines for calculation of physical impairments are listed.

  8. Legal scenario in burn care in India

    Directory of Open Access Journals (Sweden)

    Shah Atul

    2010-10-01

    Full Text Available Physicians engaged in management of burn patients in India need to keep themselves abreast with the legal requirements. Clinical burn management and liaison with local authorities go almost parallel. Concept of the legal rights of Burn Survivor and the family are emerging now in India. Demarcation between physical impairment status and disability to sustain are discussed. Burn Physicians can help their patients by imparting this information. Pertinent details about Workmen′s compensation act, Persons with disabilities act and guidelines for calculation of physical impairments are listed.

  9. Ocean energy: key legal issues and challenges

    International Nuclear Information System (INIS)

    Wright, Glen; Rochette, Julien; O'Hagan, Anne Marie; De Groot, Jiska; Leroy, Yannick; Soininen, Niko; Salcido, Rachael; Castelos, Montserrat Abad; Jude, Simon; Kerr, Sandy

    2015-01-01

    Ocean energy is a novel renewable energy resource being developed as part of the push towards a 'Blue Economy'. The literature on ocean energy has focused on technical, environmental, and, increasingly, social and political aspects. Legal and regulatory factors have received less attention, despite their importance in supporting this new technology and ensuring its sustainable development. In this Issue Brief, we set out some key legal challenges for the development of ocean energy technologies, structured around the following core themes of marine governance: (i) international law; (ii) environmental impacts; (iii) rights and ownership; (iv) consenting processes; and (v) management of marine space and resources. (authors)

  10. European Equivalencies in Legal Interpreting and Translation

    DEFF Research Database (Denmark)

    Corsellis, Ann; Hertog, Erik; Martinsen, Bodil

    2002-01-01

    which cross national borders and for the needs of multilingual populations. The European Convention of Human Rights (article 6, paragrph 3) is one of the main planks of relevant legislation. This international, two year project has been funded by the EU Grotius programme to set out what is required...... in terms of - standards of selection, training and asessments of legal interpreters & translators - standards of ethics, code of conduct and good practice - interdisciplinary working arrangements with the legal services. With this paper, the authors aim to share the outcomes of their work....

  11. Legal and regulatory framework of Uranium's enrichment

    International Nuclear Information System (INIS)

    Antelo, Josefina; Figueredo, Micaela S.; Mangone, Gisela P.; Manin, Maria L.; Pota, Luciana F.

    2009-01-01

    The object of this paper is to develop the legal aspects referred to the activities of uranium's enrichment, in order to achieve the pacific use of nuclear energy and to obey treatments, agreements and international conventions in which Argentine is party and through them assumes the non proliferation's commitment. In this context, we will develop the rights and obligations established in those legal instruments, as well as the juridical concerns of the eventual subscription of Argentine to the Additional Protocol approved by the Board of Governors in 1997. (author)

  12. Public Policy and the Prison System Failure Brazil: Legal Theses 17 and 18 of the Attorney General's Office - Ago, and Immediate Intervention Judicial Power

    Directory of Open Access Journals (Sweden)

    Daniela Carvalho Almeida Da Costa

    2015-12-01

    Full Text Available The purpose of this paper is to analyze the legal feasibility of the judiciary determine the Executive to carry out works in prisons; confronting the reservation of the theory of financially possible and the immediate applicability of explicit fundamental rights in the Constitution, and the latest understanding of our Constitutional Court on the subject. Thus, it was taken as a backdrop the extraordinary appeal object if 592 581 / RS - which resulted in the legal arguments of nos 17 and 18 of the Attorney General - PGR, which concerned about the problem of "judicial control policies public "to ensure the preservation of the fundamental right to physical and moral integrity of prisoners, including renovation, expansion and construction of prisons in the event of failure of state entities. Finally, there was a brief analysis of the structural crisis of the Brazilian prison system, sign flagrant violation of the supreme value of human dignity.

  13. LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research

    Directory of Open Access Journals (Sweden)

    Muhammad Helmy Hakim

    2016-05-01

    Full Text Available Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

  14. The role of legal translation in legal harmonization

    NARCIS (Netherlands)

    Baaij, C.J.W.

    2012-01-01

    Papers gepresenteerd op de conferentie, 'The Role of Legal Translation in Legal Harmonization', georganiseerd in Amsterdam op 21 januari 2011, door The Amsterdam Circle for Law & Language (ACLL) en the Centre for the Study of European Contract Law (CSECL).

  15. Many signs of expansion right across the world

    International Nuclear Information System (INIS)

    Hodgson, S.

    1992-01-01

    A world review of the natural gas industry in 1991 is presented, starting with the UK and the battles between British Gas and Ofgas, the introduction of new tariffs mainly for power generation, and the electronic smart prepayment card. Improvement in gas distribution systems in Western Europe, and the situation in Eastern Europe and Africa are discussed. (UK)

  16. Denial of abortion in legal settings.

    Science.gov (United States)

    Gerdts, Caitlin; DePiñeres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene

    2015-07-01

    Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic characteristics of legal abortion seekers, as well as the frequency and reasons that women are denied abortion care. The proportion of women denied abortion services and the reasons for which they were denied varied widely by country. In Colombia, 2% of women surveyed did not receive the abortions they were seeking; in South Africa, 45% of women did not receive abortions on the day they were seeking abortion services. In both Tunisia and Nepal, 26% of women were denied their wanted abortions. The denial of legal abortion services may have serious consequences for women's health and wellbeing. Additional evidence on the risk factors for presenting later in pregnancy, predictors of seeking unsafe illegal abortion, and the health consequences of illegal abortion and childbirth after an unwanted pregnancy is needed. Such data would assist the development of programmes and policies aimed at increasing access to and utilisation of safe abortion services where abortion is legal, and harm reduction models for women who are unable to access legal abortion services. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  17. Investigating legal aspects of cyberbullying.

    Science.gov (United States)

    Paul, Simone; Smith, Peter K; Blumberg, Herbert H

    2012-11-01

    In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise.

  18. [Drugs legalization and public health].

    Science.gov (United States)

    Laranjeira, Ronaldo

    2010-05-01

    The objective of this article is to: (1) evaluate the rationality and opportunity of this debate; (2) try to establish links with legal drugs; (3) evaluate the available data on the effect of legalization of a drug; and (4) propose an alternative drug police based on clear objectives to be reached; (5) describe how Sweden is dealing with the theme of drugs restriction as a social care. Methodologically the text constitutes in a summary of readings and elaborations of the author, placed to incite a discussion. It is concluded that four aspects need to be taken into consideration when a drug police of a country is analyzed, they are: (1) external factors influence the police: international agreements, health and social assistance police, individual rights, authority and autonomy of physicians and other professionals; (2) the objective established influence formal polices and its implementation; (3) the symbolic influence that excels the implementation. Influent people make declarations that strongly reach the legitimacy and adhesion to actions; (4) formal polices and their implementation receive direct influence to socially perceived damages by the drugs use, which could be independent of the real level of its use in a determined society.

  19. INTERNATIONAL LEGAL FRAMEWORK FOR MEDIA

    Directory of Open Access Journals (Sweden)

    Nevenka Ronkova

    2016-04-01

    Full Text Available The analysis of the international legal framework for media in a real structural form is a challenge that needs to be scientifically proven because of the exceptional role of media in general and its constant and substantial impact on the democratic processes taking place in the world. If we analyze media through the eyes of history, we cannot ignore the impression of the exceptional importance of freedom of expression as the source and promoter of many substantive changes and valuable components in the overall functioning of social and political settings. In this regard, special attention is given to the impact of media on contemporary trends related to the EU integration process, the development of democracy and the rule of law. It particularly emphasizes the freedom of expression, respect for values and standards principles, human rights and freedoms. The purpose of this paper is to analyze the international legal framework for the media and to show the determination of the most important covenants which represent a source of media law containing rules for the creation and implementation of media freedom, the expressive quality of ideas and definitely and inevitably this paper stresses the power of the media.

  20. Manual Signing in Adults with Intellectual Disability: Influence of Sign Characteristics on Functional Sign Vocabulary

    Science.gov (United States)

    Meuris, Kristien; Maes, Bea; De Meyer, Anne-Marie; Zink, Inge

    2014-01-01

    Purpose: The purpose of this study was to investigate the influence of sign characteristics in a key word signing (KWS) system on the functional use of those signs by adults with intellectual disability (ID). Method: All 507 signs from a Flemish KWS system were characterized in terms of phonological, iconic, and referential characteristics.…

  1. Visual Signs of Ageing

    Directory of Open Access Journals (Sweden)

    Helle Rexbye

    2007-07-01

    Full Text Available Consumer culture has placed the ageing body in a dilemma of representation. Physical appearance has become increasingly important as a symbol of identity, and at the same time society idealizes youth. This study explores visual ageing empirically. By using photographs of older persons (70+ as starting point, it is explored how visual age is assessed and interpreted. It is shown that informants read age in a spread of stages and categories. Main age indicators are biological markers: skin, eyes, and hair colour, but supplemented by vigour, style, and grooming. Furthermore, in-depth interviews indicate that visual age is mainly interpreted into categories and moral regulations rooted in early modernity. Subsequently the question of a postmodern perspective of visual ageing is discussed in this article. The empirical findings in the study question a postmodern fluidity of visual signs – at least when the concern is signs of ageing.

  2. EL RÉGIMEN JURÍDICO DEL DERECHO FUNDAMENTAL A LA SEGURIDAD SOCIAL EN CHILE: UN ANÁLISIS CRÍTICO DESDE LA PERSPECTIVA DEL DERECHO INTERNACIONAL DE LA PERSONA HUMANA -- THE LEGAL REGIME ABOUT THE FUNDAMENTAL RIGHT TO SOCIAL SECURITY IN CHILE: A CRITICAL ANALYSIS FROM AN INTERNATIONAL HUMAN RIGHTS LAW PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Ivan Obando Camino

    2016-08-01

    Full Text Available El régimen jurídico de la seguridad social chileno tiene una naturaleza mixta, tanto pública como privada, y su gestión la efectúa el Estado y del sector privado. Este régimen jurídico regula el acceso al derecho citado y la cobertura de los distintos riesgos y contingencias sociales en términos teóricamente heterodoxos, empleando para ello mecanismos tanto contributivos como no contributivos. No obstante, un análisis de este régimen, en su dimensión constitucional y legal, a la luz del derecho internacional de la persona humana, sugiere la existencia de déficits normativos que tensionan, si no dificultan, la protección social de las personas y depositan dudas sobre la observancia real de la dignidad de la persona humana, como norma rectora del orden constitucional. En gran medida, el Estado chileno eligió una forma de seguridad social, condicionado en parte por el contexto político y económico, cuyos resultados finales pueden ser inciertos en términos de bienestar colectivo y promoción de los derechos humanos. Palabras clave: Seguridad social. Constitución. Régimen previsional.

  3. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

    Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first

  4. Indonesian legal framework to support innovation sustainability

    Science.gov (United States)

    Pratama, Bambang

    2018-03-01

    The successful economy in a country can be measured by the number of commercializing intellectual property rights (IPR). To pursue IPR growth, triple helix component becomes a backbone to weave academia, business and government to collaborate with each other. Generally, collaborations move from their common interest, but within triple helix the collaboration can be run structurally and sustain. Depart from the arguments; the question arises: How is the condition of Indonesia Innovation System? Through legal approach, this paper will explain current legal condition and legal structure of the Indonesian innovation system. The reason to review the law is to relate with the government’s target to create 1000 digital start-ups alike as in Silicon Valley level size. Therefore, legal framework review becomes useful to explain the condition of the law as a supporting system. In this sense, the legal prescription can be generated to confirm Indonesian laws, whether supported the national innovation system or conversely. Within law perspective, Indonesian government categorizes the innovative industry as a creative industry. However, there is still no resolute concept to follow. Therefore, some of law adjustment is needed to support the government’s plan to pursue commercialized innovation.

  5. The Danish Sign Language Dictionary

    DEFF Research Database (Denmark)

    Kristoffersen, Jette Hedegaard; Troelsgård, Thomas

    2010-01-01

    The entries of the The Danish Sign Language Dictionary have four sections:  Entry header: In this section the sign headword is shown as a photo and a gloss. The first occurring location and handshape of the sign are shown as icons.  Video window: By default the base form of the sign headword...... forms of the sign (only for classifier entries). In addition to this, frequent co-occurrences with the sign are shown in this section. The signs in the The Danish Sign Language Dictionary can be looked up through:  Handshape: Particular handshapes for the active and the passive hand can be specified...... to find signs that are not themselves lemmas in the dictionary, but appear in example sentences.  Topic: Topics can be chosen as search criteria from a list of 70 topics....

  6. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    10332324

    , the UN Global. Compact (2000), the UN .... equipment, as well as the construction of other infrastructure needed for commercial production. Subsequent ..... 3.1 Nigeria's legal architecture for ensuring that the oil industry respects human rights.

  7. History of metaphoric signs in radiology.

    Science.gov (United States)

    Baker, Stephen R; Noorelahi, Yasser M; Ghosh, Shanchita; Yang, Lily C; Kasper, David J

    2013-09-01

    To survey the nearly 100 year history of metaphoric sign naming in radiology describing the pace of their overall accumulation in the radiology canon, their specific rates of growth by modality and subspecialty and the characteristics of the referents to which the signs are attached. A comprehensive list of metaphoric signs was compiled from a search of articles in several major English language radiology journals, from a roster compiled in a monograph on the subject published in 1984 and from a search of several databases to find signs published in the first half of the 20th century. The growth of radiological metaphorical signs naming was slow for several decades after the first one was published in 1918. It then increased rapidly until the 1980s encompassing all modalities and subspecialties. Recently the practice has shown a marked and steady decline. Metaphoric sign naming was a frequently reported contribution to the radiological literature in the second half of the 20th century corresponding with Radiology's growth as a descriptive discipline. Its decline since then may be a consequence of Radiology's evolution into a more analytic, data-driven field of inquiry. Copyright © 2013 Elsevier Ireland Ltd. All rights reserved.

  8. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

    Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.

  9. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

    Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.

  10. Legal nature of affatomia

    OpenAIRE

    Stanković Miloš

    2015-01-01

    In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks...

  11. Legal liability and workplace violence.

    Science.gov (United States)

    Brakel, S J

    1998-01-01

    Workplace violence is a growing social problem. Some of this growth may be perceptual, reflecting our new awareness of what constitutes violence in the workplace. Furthermore, much of what falls under its current rubric does not correspond to the classic image of worker-on-worker or worker-on-employer mayhem. Nevertheless, the total number of incidents is alarmingly large; the problem is real. It is natural to consider law (i.e., legal liability) as a potential solution. Aiming the liability threat at the employer may be the most effective and efficient strategy. There are ample theories to choose from: negligence (tort) law, agency law, contract, civil rights, and regulatory law. Judges and juries appear eager to hold employers accountable for violent incidents in the workplace, sometimes in the face of other, more logical constructions of the facts or theory. One's best hope is that the fear this strikes in the hearts of employers will make for maximum preventive results.

  12. Legal consequences of kleptomania.

    Science.gov (United States)

    Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won

    2009-12-01

    Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.

  13. Legal briefing: conscience clauses and conscientious refusal.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

    This issue's "Legal Briefing" column covers legal developments pertaining to conscience clauses and conscientious refusal. Not only has this topic been the subject of recent articles in this journal, but it has also been the subject of numerous public and professional discussions. Over the past several months, conscientious refusal disputes have had an unusually high profile not only in courthouses, but also in legislative and regulatory halls across the United States. Healthcare providers' own moral beliefs have been obstructing and are expected to increasingly obstruct patients' access to medical services. For example, some providers, on ethical or moral grounds, have denied: (1) sterilization procedures to pregnant patients, (2) pain medications in end-of-life situations, and (3) information about emergency contraception to rape victims. On the other hand, many healthcare providers have been forced to provide medical treatment that is inconsistent with their moral beliefs. There are two fundamental types of conscientious objection laws. First, there are laws that permit healthcare workers to refuse providing - on ethical, moral, or religious grounds healthcare services that they might otherwise have a legal or employer-mandated obligation to provide. Second, there are laws directed at forcing healthcare workers to provide services to which they might have ethical, moral, or religious objections. Both types of laws are rarely comprehensive, but instead target: (1) certain types of healthcare providers, (2) specific categories of healthcare services, (3) specific patient circumstances, and (4) certain conditions under which a right or obligation is triggered. For the sake of clarity, I have grouped recent legal developments concerning conscientious refusal into eight categories: 1. Abortion: right to refuse 2. Abortion: duty to provide 3. Contraception: right to refuse 4. Contraception: duty to provide 5. Sterilization: right to refuse 6. Fertility, HIV, vaccines

  14. The legalization of corporate social responsibility: towards a new doctrine of international legal status in a global governance context

    NARCIS (Netherlands)

    Bijlmakers, Stephanie

    2017-01-01

    This thesis examines whether Corporate Social Responsibility (CSR) and the responsibilities of business enterprises for human rights have been legally defined in international, European law and national law. This analysis, in turn, generates novel insights and impetus for reconsidering the

  15. Human rights standards for targeted sanctions

    NARCIS (Netherlands)

    Cortright, D.; de Wet, E.

    2010-01-01

    Legal scholar Erika de Wet and sanctions expert David Cortright team up to analyze the core principles of international human rights law in relation to the procedures for the imposition of targeted sanctions by the UN Security Council and the European Union. They define core legal standards such as

  16. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...

  17. Sign language perception research for improving automatic sign language recognition

    NARCIS (Netherlands)

    Ten Holt, G.A.; Arendsen, J.; De Ridder, H.; Van Doorn, A.J.; Reinders, M.J.T.; Hendriks, E.A.

    2009-01-01

    Current automatic sign language recognition (ASLR) seldom uses perceptual knowledge about the recognition of sign language. Using such knowledge can improve ASLR because it can give an indication which elements or phases of a sign are important for its meaning. Also, the current generation of

  18. Sign language typology: The contribution of rural sign languages

    NARCIS (Netherlands)

    de Vos, C.; Pfau, R.

    2015-01-01

    Since the 1990s, the field of sign language typology has shown that sign languages exhibit typological variation at all relevant levels of linguistic description. These initial typological comparisons were heavily skewed toward the urban sign languages of developed countries, mostly in the Western

  19. Sign Lowering and Phonetic Reduction in American Sign Language

    Science.gov (United States)

    Tyrone, Martha E.; Mauk, Claude E.

    2010-01-01

    This study examines sign lowering as a form of phonetic reduction in American Sign Language. Phonetic reduction occurs in the course of normal language production, when instead of producing a carefully articulated form of a word, the language user produces a less clearly articulated form. When signs are produced in context by native signers, they often differ from the citation forms of signs. In some cases, phonetic reduction is manifested as a sign being produced at a lower location than in the citation form. Sign lowering has been documented previously, but this is the first study to examine it in phonetic detail. The data presented here are tokens of the sign WONDER, as produced by six native signers, in two phonetic contexts and at three signing rates, which were captured by optoelectronic motion capture. The results indicate that sign lowering occurred for all signers, according to the factors we manipulated. Sign production was affected by several phonetic factors that also influence speech production, namely, production rate, phonetic context, and position within an utterance. In addition, we have discovered interesting variations in sign production, which could underlie distinctions in signing style, analogous to accent or voice quality in speech. PMID:20607146

  20. A Prisoner's Right?: The legal case for rehabilitation | Omar | South ...

    African Journals Online (AJOL)

    South African Crime Quarterly. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 37 (2011) >. Log in or Register to get access to full text downloads.

  1. Weighing the legal basis for housing rights in Zimbabwe | CRDI ...

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

    13 déc. 2016 ... Drawing on research conducted in both colonial and newer suburbs on the outskirts of Bulawayo, Harare, and Kadoma, the paper documents the effects of state neglect, summary evictions and demolitions, and persistent gender discrimination on urban safety and living standards. It concludes that the ...

  2. Keynote Address: Is it Right and is it Legal?

    OpenAIRE

    Gee, Quintin

    2008-01-01

    Should the rules for IT practitioners be the same as are self-imposed by society in general, or something extra? Engineers, and in particular IT professionals, are being called on to take more and more consideration of non-technical factors when designing their systems. Every system they design is meant to be used (ultimately) by people, and yet people are very diverse and work in unexpected ways. We see this in the manager’s role in dealing with his employees, where he now has to cater for t...

  3. Refuting the lipstick sign.

    Science.gov (United States)

    Grassbaugh, Jason A; Bean, Betsey R; Greenhouse, Alyssa R; Yu, Henry H; Arrington, Edward D; Friedman, Richard J; Eichinger, Josef K

    2017-08-01

    Arthroscopic examination of the tendon has been described as the "gold standard" for diagnosis of tendinitis of the long head of the biceps (LHB). An arthroscopic finding of an inflamed and hyperemic LHB within the bicipital groove has been described as the "lipstick sign." Studies evaluating direct visualization in diagnosis of LHB tendinitis are lacking. During a 1-year period, 363 arthroscopic shoulder procedures were performed, with 16 and 39 patients prospectively selected as positive cases and negative controls, respectively. All positive controls had groove tenderness, positive Speed maneuver, and diagnostic ultrasound-guided bicipital injection. Negative controls had none of these findings. Six surgeons reviewed randomized deidentified arthroscopic pictures of enrolled patients The surgeons were asked whether the images demonstrated LHB tendinitis and if the lipstick sign was present. Overall sensitivity and specificity were 49% and 66%, respectively, for detecting LHB tendinitis and 64% and 31%, respectively, for erythema. The nonweighted κ score for interobserver reliability ranged from 0.042 to 0.419 (mean, 0.215 ± 0.116) for tendinitis and from 0.486 to 0.835 (mean, 0.680 ± 0.102) for erythema. The nonweighted κ score for intraobserver reliability ranged from 0.264 to 0.854 (mean, 0.615) for tendinitis and from 0.641 to 0.951 (mean, 0.783) for erythema. The presence of the lipstick sign performed only moderately well in a rigorously designed level III study to evaluate its sensitivity and specificity. There is only fair agreement among participating surgeons in diagnosing LHB tendinitis arthroscopically. Consequently, LHB tendinitis requiring tenodesis remains a clinical diagnosis that should be made before arthroscopic examination. Published by Elsevier Inc.

  4. On the obstacles and solutions in the application of Chinese criminal legal aid system

    Directory of Open Access Journals (Sweden)

    Wang Sh.

    2016-06-01

    Full Text Available the article discovers the problem of application of Chinese legal aid system, which is very low. The problem should be solved as below. The author suggests strengthening the education to investigators, changing the way of employing legal aid lawyers and clarify the content of the right informing and applying for legal aid system. These actions application might well improve the situation.

  5. Signs in Place

    DEFF Research Database (Denmark)

    Hamid, Salmiah Binti Abdul; Jensen, Ole B.; Silva, Victor

    Travelling in unfamiliar areas is usually very interesting, however it can also be stressful. People travel or move around in an urban space according to their needs, and the environment can also influence the way people move about from one place to another. If a person gets lost, a map or GPS can...... and geosemiotic studies with regards to the road traffic signs used in urban spaces. The paper ends with a discussion on how people choreograph their movement in their everyday life from two different perspectives: above vs. below....

  6. Signs In Place

    DEFF Research Database (Denmark)

    Hamid, Salmiah Binti Abdul; Jensen, Ole B.; Silva, Victor

    2012-01-01

    Travelling in unfamiliar areas is usually very interesting; however, it can also be stressful. People travel or move around in an urban space according to their needs, and the environment can influence the way people move about from one place to another. If a person gets lost, a map or GPS can...... and geosemiotic studies with regards to the road traffic signs used in urban spaces. The paper ends with a discussion on how people choreograph their movement in their everyday life from two different perspectives: above vs. below...

  7. Designing radiation protection signs

    International Nuclear Information System (INIS)

    Rodriguez, M.A.; Richey, C.L.

    1995-01-01

    Entry into hazardous areas without the proper protective equipment is extremely dangerous and must be prevented whenever possible. Current postings of radiological hazards at the Rocky Flats Environmental Technology Site (RFETS) do not incorporate recent findings concerning effective warning presentation. Warning information should be highly visible, quickly, and easily understood. While continuing to comply with industry standards (e.g., Department of Energy (DOE) guidelines), these findings can be incorporated into existing radiological sign design, making them more effective in terms of usability and compliance. Suggestions are provided for designing more effective postings within stated guidelines

  8. Search for wrong-sign D0 decays

    International Nuclear Information System (INIS)

    Abachi, S.; Baringer, P.; Bylsma, B.G.; Debonte, R.; Koltick, D.; Loeffler, F.J.; Low, E.H.; McIlwain, R.L.; Miller, D.H.; Ng, C.R.; Shibata, E.I.; Akerlof, C.; Chapman, J.; Errede, D.; Meyer, D.I.; Nitz, D.; Seidl, A.; Thun, R.; Blockus, D.; Brabson, B.; Brom, J.M.; Ogren, H.; Rust, D.R.; Snyder, A.; Cork, B.; Derrick, M.; Kooijman, P.; Musgrave, B.; Price, L.E.; Repond, J.; Sugano, K.; Gan, K.K.; Jung, C.; Kesten, P.; Loos, J.S.; Rangan, L.K.; Wood, D.E.; Weiss, J.M.

    1986-01-01

    Using a data sample corresponding to an integrated luminosity of 300 pb -1 obtained at PEP with the High Resolution Spectrometer, the wrong-sign decay D 0 →K + π - has been searched for using a sample of D * →D 0 π events. A 4% upper limit is obtained at the 90% confindence level for the ratio of the wrong sign to the right sign decay rate in the Kπ mode. (orig.)

  9. INFINITY construction contract signed

    Science.gov (United States)

    2010-01-01

    Key state and community leaders celebrated April 6 with the signing of a construction contract for the state-of-the-art INFINITY Science Center planned near John C. Stennis Space Center in south Mississippi. Gulfport Mayor George Schloegel (l to r), chair of non-profit INFINITY Science Center Inc., was joined for the signing ceremony at the Hancock Bank in Gulfport by Virginia Wagner, sister of late Hancock Bank President Leo Seal Jr.; and Roy Anderson III, president and CEO of Roy Anderson Corp. Seal was the first chair of INFINITY Science Center Inc., which has led in development of the project. Roy Anderson Corp. plans to begin construction on the 72,000-square-foot, $28 million science and education center in May. The Mississippi Department of Transportation (MDOT) also is set to begin construction of a $2 million access road to the new center. The April 6 ceremony was attended by numerous officials, including former Stennis Space Center Directors Jerry Hlass and Roy Estess; Mississippi Senate President Pro Tempore Billy Hewes, R-Gulfport; Mississippi Rep. Diane Peranich, D-Pass Christian; and MDOT Southern District Commissioner Wayne Brown.

  10. Psoas sign: a reevaluation

    International Nuclear Information System (INIS)

    Kye, Jong Sik; Lim, Jae Hoon; Yoon, Yup; Ahn, Chi Yul

    1987-01-01

    In general, the psoas sign has been known to be a reliabler index of presence of a retroperitoneal pathology. However, obliterated psoas margin may be caused by various other conditions in so far as the amount of fat around the psoas muscle is not enough to be visualized. On the other hand, retroperitoneal pathology does not always obliterates the psoas margin. Authors analyzed obliterated psoas margins in 72 patients by comparing simple radiographs and computed tomography, and attempted to explain the mechanism of obliterated psoas margin, on simple radiograph. The results are as follows : 1. The psoas margin is obliterated by the retroperitoneal pathology and various other conditions such as kidney-psoas contract, scanty extraperitoneal fat, scoliosis, bowel interposition and angled psoas muscle. 2. The psoas margin is preserved as far as the perinephric fat is intact and X-ray beam strikes the lateral margin of the psoas muscle tangentially. 3. The psoas sign is considered not to be a reliable index of a retroperitoneal pathology

  11. Kinship in Mongolian Sign Language

    Science.gov (United States)

    Geer, Leah

    2011-01-01

    Information and research on Mongolian Sign Language is scant. To date, only one dictionary is available in the United States (Badnaa and Boll 1995), and even that dictionary presents only a subset of the signs employed in Mongolia. The present study describes the kinship system used in Mongolian Sign Language (MSL) based on data elicited from…

  12. Information Structure in Sign Languages

    NARCIS (Netherlands)

    Kimmelman, V.; Pfau, R.; Féry, C.; Ishihara, S.

    2016-01-01

    This chapter demonstrates that the Information Structure notions Topic and Focus are relevant for sign languages, just as they are for spoken languages. Data from various sign languages reveal that, across sign languages, Information Structure is encoded by syntactic and prosodic strategies, often

  13. Sign language: an international handbook

    NARCIS (Netherlands)

    Pfau, R.; Steinbach, M.; Woll, B.

    2012-01-01

    Sign language linguists show here that all the questions relevant to the linguistic investigation of spoken languages can be asked about sign languages. Conversely, questions that sign language linguists consider - even if spoken language researchers have not asked them yet - should also be asked of

  14. Issues in Sign Language Lexicography

    DEFF Research Database (Denmark)

    Zwitserlood, Inge; Kristoffersen, Jette Hedegaard; Troelsgård, Thomas

    2013-01-01

    ge lexicography has thus far been a relatively obscure area in the world of lexicography. Therefore, this article will contain background information on signed languages and the communities in which they are used, on the lexicography of sign languages, the situation in the Netherlands as well...... as a review of a sign language dictionary that has recently been published in the Netherlands...

  15. Traffic sign detection and analysis

    DEFF Research Database (Denmark)

    Møgelmose, Andreas; Trivedi, Mohan M.; Moeslund, Thomas B.

    2012-01-01

    Traffic sign recognition (TSR) is a research field that has seen much activity in the recent decade. This paper introduces the problem and presents 4 recent papers on traffic sign detection and 4 recent papers on traffic sign classification. It attempts to extract recent trends in the field and t...

  16. The right and development: the nuclear right

    International Nuclear Information System (INIS)

    Coimbra, Guilhermina Lavos.

    1986-02-01

    The author analyses some juridical instruments signed among Brazil and his commercial partners in the nuclear field: the way as it has been reflected and it has modeled the Brazilian Nuclear Program - BNP. It is very much important a Nuclear Law/Bill of the Nuclear Rights directed to the uranium and the BNP defense. It is compared the Brazilian petroleum situation, before 1952, with the present uranium situation. It is purposed a Constitutional disposal, protecting the uranium and all the other nuclear strategic minerals state monopoly, to be inserted in the next Brazilian Constitution and the URANIOBRAS creation, similar to PETROBRAS. (author). 163 refs

  17. Teaching About the Rights of Disabled Canadians.

    Science.gov (United States)

    Watkinson, Ailsa; Peters, Yvonne

    1982-01-01

    Discusses the history of rights of the disabled in Canada, describes legal remedies now available to them, and presents a case study technique for teaching secondary social studies students about the rights of disabled persons. The disabled rights movement is an important part of the history of human rights in Canada. (RM)

  18. Building of the social-legal cohesion state and Phenomenon of integration

    OpenAIRE

    Minevere Morina – Rashiti

    2016-01-01

    The highlighted topic, "Building social cohesion of the legal-social state and the phenomenon of integration" with its essential target is a conceptual presentation of building social –legal cohesion in relation with the phenomenon of integration and interoperability. Building of the welfare state, social and legal rights presented as a paradigm of security, development all along with economic interaction play a crucial role. This paper clarifies the relationship between the social and legal ...

  19. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following documents and legal texts: 1 - Brazil: Law No. 13,260 of 16 March 2016 (To regulate the provisions of item XLIII of Article 5 of the Federal Constitution on terrorism, dealing with investigative and procedural provisions and redefining the concept of a terrorist organisation; and amends Laws No. 7,960 of 21 December 1989 and No. 12,850 of 2 August 2013); 2 - India: The Atomic Energy (Amendment) Act, 2015; Department Of Atomic Energy Notification (Civil Liability for Nuclear Damage); 3 - Japan: Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage

  20. Disability rights in the context of HIV and AIDS: a critical review of nineteen Eastern and Southern Africa (ESA) countries.

    Science.gov (United States)

    Hanass-Hancock, Jill; Grant, Catherine; Strode, Ann

    2012-01-01

    Many Eastern and Southern African (ESA) states are obliged to review and amend their legal frameworks with regards to disability since signing and ratifying the UN Convention on the Rights of Persons with Disabilities (CRPD). The HIV epidemic is one of the main health concerns in the region and is becoming increasingly associated with causing disabilities. In addition, people with disabilities are particularly at risk of exposure to HIV. Despite this, HIV programming has not yet included the interrelationship of disability and HIV. The principles within the CRPD may create much-needed international pressure and so provide a platform for the integration and inclusion of disability into HIV policies and programs. This paper is based on a review of the legal framework in relation to HIV and disability in 19 ESA countries. It identifies 12 key articles of the Convention, which are particularly relevant to the interrelationship of HIV and disability. The paper assesses how these are integrated in the region's disability or HIV legal frameworks and identifies the main gaps within these legal systems. While many country's constitutions, disability and HIV laws protect certain key rights, such as the rights to equality and nondiscrimination, employment and health, there are clear gaps in the legal responses to disability and HIV. In particular, legal frameworks fail to provide adequately for accessibility, mobility and access to justice and protection from violence for people with disabilities. This results in limited protection for people with disabilities from HIV exposure and access to services to address HIV-related health and welfare needs. The paper identifies the gaps and makes recommendations for implementing steps toward the integration of disability into HIV-related laws, policies and programs.

  1. Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

    Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

  2. The political approach of animal rights from the perspective of the rights theory

    Directory of Open Access Journals (Sweden)

    José Luis Rey Pérez

    2017-06-01

    Full Text Available Traditionally, discussions about animal rights have focused on defending, in different ways, abolitionist or regulatory approaches. Recently, there has been a political change in the way of understanding these rights, which fits better a legal approach that considers that rights –in addition to having a moral dimension- are also effectiveness-oriented legal institutions. This leads to considering that the range of animal rights must be extended to rights linked to the condition of citizenship, such as social rights and particularly the right to healthcare and labour rights.

  3. Children's rights, international human rights and the promise of ...

    African Journals Online (AJOL)

    While dealing with issues broadly, it evaluates Islamic legal understanding of the rights of the unborn child in some detail, arguing that the Sharia includes not only law but also religion and ethics, thus offering a multidimensional approach covering the total personality of the child. Moreover, Islam provides enforceable ...

  4. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

    Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

  5. Rim Sign in Acute Cholecystitis

    International Nuclear Information System (INIS)

    Koh, Eun Mi; Lee, Kyung Han; Yang, Seoung Oh; Chung, June Key; Lee, Myung Chul; Koh, Chang Soon

    1989-01-01

    The 'rim sign' is a rim of increased hepatic activity adjacent to the gall bladder fossa and known as an useful indicator of acute cholecystitis. Also, many reports suggested that if rim sign is positive there is an increased risk for complications such as perforation and gangrene. To evaluate the usefulness of this rim sign, we reviewed 32 cases that were pathologically confirmed. The incidence of rim sign was 47% similar to other reports but with our results, the rim sign was not specific to acute cholecystitis nor indicator of increased risk for complications.

  6. Signs in neuroradiology - part 1

    Energy Technology Data Exchange (ETDEWEB)

    Goncalves, Fabricio Guimaraes, E-mail: goncalves.neuroradio@gmail.co [McGill University Health Centre (MUHC), Montreal, Quebec (Canada). Montreal General Hospital; Barra, Filipe Ramos; Jovem, Cassio Lemos [Hospital Universitario de Brasilia, DF (Brazil). Dept. of Radiology and Imaging Diagnosis; Matos, Valter de Lima [Hospital Santa Luzia, Brasilia, DF (Brazil); Amaral, Lazaro Luis Faria do [MedImagem - Hospital da Beneficencia Portuguesa de Sao Paulo, SP (Brazil). Dept. of Neuroradiology; Carpio-O' Donovan, Raquel del [McGill University Health Centre (MUHC), Montreal, Quebec (Canada)

    2011-03-15

    The use of signs or analogies for interpretation and description of medical images is an old and common practice among radiologists. Comparison of findings with animals, food or objects is not unprecedented and routinely performed. Many signs are quite specific and, in some cases, pathognomonic. Indeed, notwithstanding their degree of specificity, signs may help in the characterization of certain diseases. Several neuroradiological signs have been already described. The authors will present 15 neuroradiology signs in the present essay, approaching their main characteristics, the significance of their role in the clinical practice, as well as their respective imaging findings. (author)

  7. Signs in neuroradiology - part 1

    International Nuclear Information System (INIS)

    Goncalves, Fabricio Guimaraes; Amaral, Lazaro Luis Faria do

    2011-01-01

    The use of signs or analogies for interpretation and description of medical images is an old and common practice among radiologists. Comparison of findings with animals, food or objects is not unprecedented and routinely performed. Many signs are quite specific and, in some cases, pathognomonic. Indeed, notwithstanding their degree of specificity, signs may help in the characterization of certain diseases. Several neuroradiological signs have been already described. The authors will present 15 neuroradiology signs in the present essay, approaching their main characteristics, the significance of their role in the clinical practice, as well as their respective imaging findings. (author)

  8. Whose Rights?

    DEFF Research Database (Denmark)

    Aktor, Mikael

    2016-01-01

    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...

  9. Human Rights in China: Trends and Policy Implications

    National Research Council Canada - National Science Library

    Lum, Thomas; Fischer, Hannah

    2008-01-01

    .... This report analyzes China's mixed human rights record of the past several years major human rights problems, new human rights legislation, and the development of civil society, legal awareness, and social activism...

  10. Signes et artefacts.

    Directory of Open Access Journals (Sweden)

    Samuel Périgois

    2006-04-01

    Full Text Available Les opérations de requalification des centres des petites villes se sont multipliées depuis deux décennies. Cet article analyse comment le réaménagement des centres-villes s’inscrit dans un processus de patrimonialisation qui participe à une nouvelle conception de l’urbanité à travers une mise en scène des espaces centraux. Cette mise en scène des espaces publics passe par la multiplication de signes d’ancienneté. On peut distinguer des modalités différentes selon que les artefacts mobilisés renvoient à l’histoire du lieu, à des éléments hérités du passé et réinscrits dans l’espace ou qu’ils relèvent d’une ancienneté générique telle qu’elle s’est popularisée dans l’usage des mobiliers urbains « de style » — comme les candélabres « tradition » et bornes en fonte symbolisant l’appartenance à une urbanité d’apparence. Ce phénomène identitaire particulier vise à produire une urbanité, au moins physique. Cette artefactualisation amène à une redéfinition de la patrimonialisation. La tendance actuelle à la substitution d’« objets patrimoines » par des signes rappelant leur existence passée et les artefacts simulant de l’ancienneté et suscitant de l’historicité mobilisent les notions d’ambiance, d’esthétique et de « simulacre » selon le terme utilisé par Jean Baudrillard. La combinaison des références au patrimoine local et à l’ancien générique participe d’une mise en scène plus globale visant à inscrire le centre dans le temps long et à la production esthétique d’une néo-archéo urbanité « petite ville ». Refitting operations of downtown areas of small cities have increased for two decades. This article analyzes how this restructuring falls under a process of “patrimonialisation” which takes part in a new design of “urbanity” through a setting in scene of central spaces. This setting in scene of public spaces finds expression in

  11. Negation switching invariant signed graphs

    Directory of Open Access Journals (Sweden)

    Deepa Sinha

    2014-04-01

    Full Text Available A signed graph (or, $sigraph$ in short is a graph G in which each edge x carries a value $\\sigma(x \\in \\{-, +\\}$ called its sign. Given a sigraph S, the negation $\\eta(S$ of the sigraph S is a sigraph obtained from S by reversing the sign of every edge of S. Two sigraphs $S_{1}$ and $S_{2}$ on the same underlying graph are switching equivalent if it is possible to assign signs `+' (`plus' or `-' (`minus' to vertices of $S_{1}$ such that by reversing the sign of each of its edges that has received opposite signs at its ends, one obtains $S_{2}$. In this paper, we characterize sigraphs which are negation switching invariant and also see for what sigraphs, S and $\\eta (S$ are signed isomorphic.

  12. Argumentation in Legal Reasoning

    Science.gov (United States)

    Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni

    A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.

  13. Translating Signs, Producing Subjects

    Directory of Open Access Journals (Sweden)

    Brett Neilson

    2009-08-01

    Full Text Available This paper moves between two streets: Liverpool Road in the Sydney suburb of Ashfield and Via Sarpi in the Italian city of Milan. What connects these streets is that both have become important sites for businesses in the Chinese diaspora. Moreover, both are streets on which locals have expressed desires for Chinese signs to be translated into the national lingua franca. The paper argues that the cultural politics inherent in this demand for translation cannot be fully understood in the context of national debates about diversity and integration. It is also necessary to consider the emergence of the official Chinese Putonghua as global language, which competes with English but also colonizes dialects and minority languages. In the case of these dual language signs, the space between languages can neither be reduced to a contact zone of minority and majority cultures nor celebrated as a ‘third space’ where the power relations implied by such differences are subverted. At stake is rather a space characterised by what Naoki Sakai calls the schema of co-figuration, which allows the representation of translation as the passage between two equivalents that resemble each other and thus makes possible their determination as conceptually different and comparable. Drawing on arguments about translation and citizenship, the paper critically interrogates the ethos of interchangeability implied by this regime of translation. A closing argument is made for a vision of the common that implies neither civilisational harmony nor the translation of all values into a general equivalent. Primary sources include government reports, internet texts and media stories. These are analyzed using techniques of discourse analysis and interpreted with the help of secondary literature concerning globalisation, language and migration. The disciplinary matrix cuts and mixes between cultural studies, translation studies, citizenship studies, globalization studies and

  14. Arab women continue rights struggle | IDRC - International ...

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

    2013-01-29

    Jan 29, 2013 ... A campaign that won legal recognition for Arab women's citizenship rights in nine jurisdictions is providing inspiration and tactical lessons for women facing growing discrimination across the Middle East.

  15. PROPERTY. ABSOLUT RIGHT. SOCIAL FUNCTION

    Directory of Open Access Journals (Sweden)

    Lucia Maria COŞTIUG

    2016-07-01

    Full Text Available The article presents the opinion according to which today we can speak rather of a relative character of ownership, while the social function of it is ever more present and the rights of the owner are subject to multiple legal requirements and limited in order to meet general interests of the community.

  16. Athletic Eligibility: Right or Privilege?

    Science.gov (United States)

    Reeves, Kimberly

    1998-01-01

    Berkeley High School, with the nation's largest sports program, had numerous student eligibility violations in 1997. Many districts are defending the validity of their eligibility practices, as parents push harder for their children's right to compete on school teams. This article covers legal battles, competitive environments, legislative…

  17. The Fundamentalisation of Social Rights

    OpenAIRE

    EUI Social and Labour Law Working Group

    2009-01-01

    The members of the EUI Working Group of Social and Labour Law are: Uladzislau Belavusau () Iris Benöhr () Irene Galtung () Ann-Christine Hartzén () Nikolett Hös () Anna Maciejczyk Jaron () Claire Marzo () Bruno Mestre () The place and legal value of social rights in the EU Charter is only one episode (...

  18. Legal process, litigation, and judicial decisions.

    Science.gov (United States)

    Beresford, H Richard

    2013-01-01

    Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.

  19. Indian legal system and mental health.

    Science.gov (United States)

    Narayan, Choudhary Laxmi; Shikha, Deep

    2013-01-01

    Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and/or welfare of the society. United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which marks a paradigm shift in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new paradigm is based on presumption of legal capacity, equality and dignity. Following ratification of the convention by India in 2008, it became obligatory to revise all the disability laws to bring them in harmony with the UNCRPD. Therefore, the Mental Health Act - 1987 and Persons with Disability Act - 1995 are under process of revision and draft bills have been prepared. Human right activists groups are pressing for provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances.

  20. [The legal framework to prevent teenage pregnancies].

    Science.gov (United States)

    Leal, Ingrid; Luttges, Carolina; Troncoso, Paulina; Leyton, Carolina; Molina, Temistocles; Eguiguren, Pamela

    2016-05-01

    There are legal regulations about sexual and reproductive rights of adolescents. However, this legal framework (LF) may have contradictory elements: there are laws assuring confidentiality and access to contraception at any age but there are other laws that consider any sexual contact with an adolescent younger than 14 a sexual assault, whose report to the legal authorities in mandatory. To explore the knowledge and clinical practice of primary health care (PHC) providers regarding prevention of teenage pregnancy. Qualitative study collecting data using semi-structured interviews made to midwives and directors of PHC centers. Analysis of the data was based on Grounded Theory. There is a differentiated clinical care for pregnancy prevention among adolescents if they are over 14 years old. This is due to the LF, specifically to the sexual crime’s law (19,927) and the law about regulation of the fertility (20,418). The differences affect health care, access and counseling about contraception and confidentiality. Healthcare of teenagers under the age of 14 is perceived as problematic for providers, due to the possible legal implications. The LF causes insecurity on health care providers and derives in a differentiated clinical approach according to the patient´s age. This is a barrier to provide timely and confidential access to counseling and contraception.

  1. Rape: Past and present legal regulation

    Directory of Open Access Journals (Sweden)

    Đapović Lasta S.

    2002-01-01

    Full Text Available Rape was identified as a criminal act in the earliest known legal writings, Hamurabi's legal code (cir. 2000 BC. In the Balkans, in the Middle Ages, rape was always punished in one way or another, in the statutes of the Adriatic maritime towns, which were under the rule of the Nemanjić state or the West. All categories of women, even prostitutes and slaves, were protected by law from sexual violence in many statutes. Also in Dušan's legal code the regulation is found, severely punishing rapists. Laws following the Second Serbian Uprising, also provide severe punishment for sexual violence, especially towards women but also male minors. Legal and court practice, following the Second World War, indicate that the protection of women from sexual violence is completely inadequate and this at a time when women had achieved equal rights with men in many spheres of life. World events at the end of the 20th century: collapse of the Soviet Union: as well as the happenings in this region,: war, ethnic and religious conflicts resulted in massive rape of women, opening of brothels, trading women and family violence. Non state organizations, mainly women in expert associations, invest great effort to rectify this very unsatisfactory situation. They exert pressure for change in the law and in court practice, by which women would have more effective defense against sexual violence, as well as organized assistance for women victims of traffic, and warning of the possible danger.

  2. Rail passengers rights

    Directory of Open Access Journals (Sweden)

    Đurđev Dušanka J.

    2016-01-01

    Full Text Available The legal framework of rail passengers rights is set out in a combination of international and European law: an international measure, the rather unwieldy Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail, forming part of the Convention concerning International Carriage by Rail of 9 May 1980 (as amended by the Vilnius Protocol of 3 June 1999 ['CIV'], lays down a basic framework which is then fleshed out by more recent EU legislation, Regulation (EC No 1371/2007 on Rail Passengers ' Rights and Obligations. Regulation 1371/2007/EC on rail passenger rights and obligations sets out minimum quality standards that have to be guaranteed to all passengers on all lines. .

  3. Homoaffectivity and Human Rights

    Directory of Open Access Journals (Sweden)

    Luiz Mott

    2006-05-01

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

  4. The legal issues of Chernobyl

    International Nuclear Information System (INIS)

    Anon.

    1986-01-01

    According to international law the Federal Republic of Germany has a right to claim compensations from the Soviet Union. This all the more as both states have signed the treaty of Nov. 13, 1979 which as part of the UN Economic Commission for Europe (ECE) is known as the ''Convention on Long-Range Transboundary Air Pollution''. By civil law victims may sue a Kiev court for compensations or else sue for damages in the Federal Republic of Germany. It is very unlikely that the reactor management itself will pay any damages. According to the Atomic Energy Law, paragraph 38, 2 and paragraph 34, 1 p. 2 victims in the Federal Republic of Germany may claim compensations up to a maximum of 1 billion marks from the Federal Government. However, compensations may only be sued for if attempts to sue a Soviet court have failed. Compensations must be claimed at the Federal Administrative Board in Cologne. (HP) [de

  5. Experimental studies on the psychology of property rights

    OpenAIRE

    El Haji, A.

    2017-01-01

    Property rights determine who owns what. Trade is very difficult if it is unclear who owns what or if property rights are not enforced. For this reason, many scholars argue that property rights and their enforcement are essential to economic prosperity. A distinction can be made between a legal and psychological approach to property rights. A legal approach to property rights considers how the rules of property rights are codified in law while a psychological approach focuses on how humans te...

  6. Ethical and Legal Considerations in Biometric Data Usage—Bulgarian Perspective

    Science.gov (United States)

    Deliversky, Jordan; Deliverska, Mariela

    2018-01-01

    Ethical and legal considerations with regards to biometric data usage are directly related to the right to protection of personal data, which is part of the rights protected under the European Convention of human rights. Specific protection is required to the process and use of sensitive data which reveals certain personal characteristic and is related to the health status of individuals. Biometric data and information on individual upon which people could be identified based on specifics and distinguishing signs. Bulgaria, as a country progressing in terms of integration of digital technologies and as a European Union member state has adopted international and universal legal instruments related on the procession and use of digital data and data protection. On legislative and ethical grounds, it has been established the particular importance of not violating human rights and individual freedoms when processing and using personal data. It has been noted that the processing of special categories of personal data may be necessary for reasons of public interest in the field of public health and that is why under such circumstances it has been permitted the procession to be carried on without the consent of the data subject. Lack of transparency and lawfulness of the processing of personal data could lead to physical, tangible, or intangible damages where processing could lead to discrimination, identity theft, or identity fraud as a result of which may be significant adverse economic or social consequences. Increasingly, widespread use of biometrics in the implementation of medical activities requires the application of a new approach in terms of awareness regarding existing risks to the rights, ethics, and freedoms of all of us, as a user of medical service. PMID:29484291

  7. Ethical and Legal Considerations in Biometric Data Usage—Bulgarian Perspective

    Directory of Open Access Journals (Sweden)

    Jordan Deliversky

    2018-02-01

    Full Text Available Ethical and legal considerations with regards to biometric data usage are directly related to the right to protection of personal data, which is part of the rights protected under the European Convention of human rights. Specific protection is required to the process and use of sensitive data which reveals certain personal characteristic and is related to the health status of individuals. Biometric data and information on individual upon which people could be identified based on specifics and distinguishing signs. Bulgaria, as a country progressing in terms of integration of digital technologies and as a European Union member state has adopted international and universal legal instruments related on the procession and use of digital data and data protection. On legislative and ethical grounds, it has been established the particular importance of not violating human rights and individual freedoms when processing and using personal data. It has been noted that the processing of special categories of personal data may be necessary for reasons of public interest in the field of public health and that is why under such circumstances it has been permitted the procession to be carried on without the consent of the data subject. Lack of transparency and lawfulness of the processing of personal data could lead to physical, tangible, or intangible damages where processing could lead to discrimination, identity theft, or identity fraud as a result of which may be significant adverse economic or social consequences. Increasingly, widespread use of biometrics in the implementation of medical activities requires the application of a new approach in terms of awareness regarding existing risks to the rights, ethics, and freedoms of all of us, as a user of medical service.

  8. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

    This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...

  9. Socialisation to Interdisciplinary Legal Education

    DEFF Research Database (Denmark)

    Schäfke, Werner; Mayoral, Juan A.; Hvidt, Martine Stagelund

    2018-01-01

    This article provides novel empirical survey evidence on socialization factors leading lecturers to implement interdisciplinary teaching in law. Recent debates on the legal scholarship and higher education legal institutions advocates for the introduction of interdisciplinary approaches to legal...... of the teaching staff in this institution. To explain the adoption of interdisciplinary teaching, we rely on socialization factors connected to their former higher education and socialization in research and multidisciplinary environments....

  10. Rigler’s sign and the football sign

    Directory of Open Access Journals (Sweden)

    Sheetal Daya

    2012-11-01

    Full Text Available Rigler’s sign was first described in 1941 by L G Rigler as a new radiological sign for recognising free air in the peritoneal cavity on supine radiograph. The presence of pneumoperitoneum allows free intraperitoneal air to be contrasted with intraluminal gas, accentuating the wall of gas-containing viscera. It is observed in infants and very ill patients where only limited radiographs of the abdomen are possible. The football sign was first described by R E Miller in the 1960s. Seen on supine abdominal radiographs, this describes an oval radiolucency resembling an American football. It is important for the radiologist to recognise the supporting signs of pneumoperitoneum, such as Rigler’s sign and the football sign, on supine abdominal radiographs, especially in neonates and infants, where erect chest/abdominal radiographs are not always possible.

  11. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    data machines may be able to (or are thought to be able to) make a prediction profile, leaving risks for individuals for being excluded from life and health insurances, being targets for computational policing etc. An additional dimension to the prefabricated decisions is the commercial aspect......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...

  12. The problem of the legal nature of Green Certificates in the Italian legal system

    International Nuclear Information System (INIS)

    Colcelli, Valentina

    2012-01-01

    Green Certificates are usually described as negotiable instruments or commercial papers. The Italian legal system identifies Green Certificates as rights but, due to the ambiguity of the definition, their juridical nature remains uncertain. This reverberates on the functioning of the Green Certificates market and on the enforcement of the relevant norms. This paper discusses the actual legal nature of Green Certificates in Italy and concludes that they should be regarded as goods. This means that private law instruments apply in their market transactions, with consequent implications on the policy side. - Highlights: ► A definition of Green Certificates in the Italian legal system is provided. ► Green Certificates are not Credit Instruments. ► However, they may be negotiated separately from the energy they represent. ► Green Certificates are goods, which relate to new properties.

  13. Access to sign language interpreters in the criminal justice system.

    Science.gov (United States)

    Miller, K R

    2001-10-01

    Historically, the provision of sign language interpreters to deaf suspects, defendants, and offenders has been a problematic issue in the criminal justice system. Inconsistency in the provision of interpreter services results largely from the ignorance of criminal justice professionals regarding deaf people's communication needs and accommodation options. Through analysis of 22 post-Americans with Disabilities Act cases and a survey of 46 professional sign language interpreters working in criminal justice settings, the present study considered access issues concerning sign language interpreters in law enforcement, courtrooms, and correctional settings. Recommendations to increase the accessibility of interpreting services include providing ongoing awareness training to criminal justice personnel, developing training programs for deaf legal advocates, and continuing access studies.

  14. LSE-Sign: A lexical database for Spanish Sign Language.

    Science.gov (United States)

    Gutierrez-Sigut, Eva; Costello, Brendan; Baus, Cristina; Carreiras, Manuel

    2016-03-01

    The LSE-Sign database is a free online tool for selecting Spanish Sign Language stimulus materials to be used in experiments. It contains 2,400 individual signs taken from a recent standardized LSE dictionary, and a further 2,700 related nonsigns. Each entry is coded for a wide range of grammatical, phonological, and articulatory information, including handshape, location, movement, and non-manual elements. The database is accessible via a graphically based search facility which is highly flexible both in terms of the search options available and the way the results are displayed. LSE-Sign is available at the following website: http://www.bcbl.eu/databases/lse/.

  15. Hutchinson’s Sign

    Directory of Open Access Journals (Sweden)

    Lawrence Lau

    2018-01-01

    Full Text Available History of present illness: A 30-year-old African American male presents with two days of gradually worsening vesicular pruritic rash over the left naris, left upper lip, and inferior to medial epicanthus, initially noted just on the upper lip the night before. By the next day it had spread to the nose and cheek. Patient denies any fever, pain, discharge from the rash, ear or nose, or changes in vision. He denies exposure to any new hygiene products, household cleaning products, recent outdoor activities, travel, or insect bites. Past medical history significant for a childhood varicella infection. Patient works for a moving company, and had an episode of heat exhaustion at work one week prior to onset. Denies alcohol or drug abuse. Significant findings: The unilateral distribution of vesicular lesions over the patient’s left naris, cheek, and upper lip are consistent with Herpes zoster reactivation with Hutchinson’s sign. Hutchinson’s sign is a herpes zoster vesicle present on the tip or side of the nose.1 It reflects zoster involvement of the 1st branch of the trigeminal nerve, and is concerning for herpes zoster ophthalmicus.1 Herpes zoster vesicles may present as papular lesions or macular vesicles on an erythematous base.2,3 Emergent diagnosis must be made to prevent long-term visual sequelae.4 Discussion: The history of a childhood viral exanthem, specifically a past varicella infection, helps direct the diagnosis.2 Herpes zoster ophthalmicus is an ophthalmological emergency and results from viral reactivation within the V1 branch of CN V, leading to direct ocular involvement.1 Symptoms of ocular involvement include red eye, blurry vision, eye pain or photophobia.1 If left untreated, corneal ulceration, scarring, perforation, glaucoma, cataracts, and blindness may occur.1 Fluorescein staining with slit lamp examination will show a characteristic “dendritic ulcer” within the epithelial layer of the cornea.1 Treatment is generally

  16. Regulatory and legal issues

    International Nuclear Information System (INIS)

    Raisler, K.M.; Gregory, A.M.

    1999-01-01

    This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered

  17. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

    Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.

  18. Legal entities as subjects administrative responsibility

    OpenAIRE

    Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України

    2016-01-01

    In the article the features of the administrative liability of legal entities in Ukraine; The experience of foreign countries on the administrative liability of legal entities, proposed measures to improve the administrative and tort legislation on administrative liability of legal entities in Ukraine.The problems of liability of legal entities were always relevant and important for administrative and legal science. Legal entities, performing administrative and legal relationships, may commit...

  19. Children's Rights.

    Science.gov (United States)

    Schlene, Vickie J.

    1992-01-01

    Provides a sampling of citations in the ERIC database on children's rights. Includes human rights education, United Nations' conventions, state takeovers of local school districts, and federal law as it affects student rights. Covers child abuse, corporal punishment, child welfare, and child advocacy. (DK)

  20. Solar energy legal bibliography. Final report. [160 references

    Energy Technology Data Exchange (ETDEWEB)

    Seeley, D.; Euser, B.; Joyce, C.; Morgan, G. H.; Laitos, J. G.; Adams, A.

    1979-03-01

    The Solar Energy Legal Bibliography is a compilation of approximately 160 solar publications abstracted for their legal and policy content (through October 1978). Emphasis is on legal barriers and incentives to solar energy development. Abstracts are arranged under the following categories: Antitrust, Biomass, Building Codes, Consumer Protection, Environmental Aspects, Federal Legislation and Programs, Financing/Insurance, International Law, Labor, Land Use (Covenants, Easements, Nuisance, Zoning), Local Legislation and Programs, Ocean Energy, Patents and Licenses, Photovoltaics, Solar Access Rights, Solar Heating and Cooling, Solar Thermal Power Systems, Standards, State Legislation and Programs, Tax Law, Tort Liability, Utilities, Warranties, Wind Resources, and General Solar Law.

  1. Affirmation of the Legal Status of Taxpayers in Montenegro

    Directory of Open Access Journals (Sweden)

    Božović Srđa

    2016-09-01

    Full Text Available Public needs cannot be adequately funded without a clear and legally based affirmative legal status of taxpayers. The promotion and protection of their rights and regular fulfilment of tax obligations by taxpayers is the basis of fiscal and financial stability of the country and other public collectivities. It is essential for Montenegro to overcome the traditional gap between taxpayers and tax administration through their partnership. At the same time, we must not jeopardize the basic purpose of taxation - legal and timely payment of taxes. Simple and stable tax regulations and a non-discriminating and subtle approach to building tax discipline and development of tax morale should serve that purpose.

  2. Never let me go: science fiction and legal reality

    Directory of Open Access Journals (Sweden)

    J.H. de Villiers

    2011-07-01

    Full Text Available This article offers a law and literary perspective on Kazuo Ishiguro‟s novel „never let me go‟. The article engages with the existentialist themes of the novel and examines various medicolegal issues pertaining to cloning and organ transplants. By examining the contemporary social and legal framework, the article exposes the inadequacies of the current (legal approach to organ donations, and advances an alternative approach that balances personal autonomy, free choice and the right to self determination.

  3. Legal protection against a lack of grounds in administrative judgements concerning public interests

    International Nuclear Information System (INIS)

    Schmidt, W.

    1976-01-01

    Administrative legal protection, according to Basic Law, is the right of the individual for protection, i.e. protection of 'subjective' rights based on 'objective' law. The extension of this legal protection beyond the legal protection of the individual has been under discussion lately, mostly in connection with a joint board suit, not so often with citizen actions which comprise 'individual suit' and 'joint board suit', mainly in environmental protection law (e.g. actions brought against nuclear power plants). Such rights are not to be conceded to everybody and every association, but only to a few supraregional associations with legal status, e.g. the citizen association environmental protection. (HP) [de

  4. Measles (Rubeola): Signs and Symptoms

    Science.gov (United States)

    ... of Measles Signs and Symptoms Transmission Photos of Measles Complications Frequently Asked Questions Top Things Parents Need to Know Measles Vaccination Cases and Outbreaks For Healthcare Professionals For ...

  5. Sign Languages of the World

    DEFF Research Database (Denmark)

    This handbook provides information on some 38 sign languages, including basic facts about each of the languages, structural aspects, history and culture of the Deaf communities, and history of research. The papers are all original, and each has been specifically written for the volume by an expert...... or team of experts in the particular sign language, at the invitation of the editors. Thirty-eight different deaf sign languages and alternate sign languages from every continent are represented, and over seventy international deaf and hearing scholars have contributed to the volume....

  6. Ranks of dense alternating sign matrices and their sign patterns

    Czech Academy of Sciences Publication Activity Database

    Fiedler, Miroslav; Gao, W.; Hall, F.J.; Jing, G.; Li, Z.; Stroev, M.

    2015-01-01

    Roč. 471, April (2015), s. 109-121 ISSN 0024-3795 R&D Projects: GA ČR(CZ) GA14-07880S Institutional support: RVO:67985840 Keywords : alternating sign matrix * dense matrix * sign pattern matrix Subject RIV: BA - General Mathematics Impact factor: 0.965, year: 2015 http://www.sciencedirect.com/science/article/pii/S0024379515000257

  7. Automatic sign language recognition inspired by human sign perception

    NARCIS (Netherlands)

    Ten Holt, G.A.

    2010-01-01

    Automatic sign language recognition is a relatively new field of research (since ca. 1990). Its objectives are to automatically analyze sign language utterances. There are several issues within the research area that merit investigation: how to capture the utterances (cameras, magnetic sensors,

  8. Inuit Sign Language: a contribution to sign language typology

    NARCIS (Netherlands)

    Schuit, J.; Baker, A.; Pfau, R.

    2011-01-01

    Sign language typology is a fairly new research field and typological classifications have yet to be established. For spoken languages, these classifications are generally based on typological parameters; it would thus be desirable to establish these for sign languages. In this paper, different

  9. Planning Sign Languages: Promoting Hearing Hegemony? Conceptualizing Sign Language Standardization

    Science.gov (United States)

    Eichmann, Hanna

    2009-01-01

    In light of the absence of a codified standard variety in British Sign Language and German Sign Language ("Deutsche Gebardensprache") there have been repeated calls for the standardization of both languages primarily from outside the Deaf community. The paper is based on a recent grounded theory study which explored perspectives on sign…

  10. Awareness of Deaf Sign Language and Gang Signs.

    Science.gov (United States)

    Smith, Cynthia; Morgan, Robert L.

    There have been increasing incidents of innocent people who use American Sign Language (ASL) or another form of sign language being victimized by gang violence due to misinterpretation of ASL hand formations. ASL is familiar to learners with a variety of disabilities, particularly those in the deaf community. The problem is that gang members have…

  11. Gender mainstreaming in law and legal education

    Directory of Open Access Journals (Sweden)

    Vujadinović Dragica

    2015-01-01

    Full Text Available Political revolutions of the 18th and 19th century engendered an idea of universal equality. However, the American Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen have not been gender sensitive documents. Women had to struggle for a long time in order to achieve visibility in laws and they did gain an equal right to vote in the USA only 144 years later and in France only 160 years after the issuing of these documents. Contemporary international and national law has greatly advanced from a gender equality point of view. However, gender sensitive legislation and implementation of legal norms has been far from widely accepted. Gender sensitive legal education of (future legislators, lawyers, judges, and prosecutors has thus been of the utmost importance. First, the article offers theoretical clarifications and historical background analysis of a sense and purpose of gender mainstreaming. The achievements in international law and strategic documents concerning gender equality will be taken into consideration in the second chapter. The main focus will be on the meaning of and instruments for gender mainstreaming in legal education in Serbia as well as generally. Paradigmatic examples from judicial practice will also be presented.

  12. The Role of Social Assistance on Effectiveness of Social Rights

    Directory of Open Access Journals (Sweden)

    João Guilherme Sampaio dos Anjos

    2016-10-01

    Full Text Available The social assistance has intrinsic historical, legal and political relationship to social rights. Fundamental rights have assumed a legal-constitutional role since the mid-twentieth century. Through historical and doctrinal review of fundamental rights and social welfare, the identification of legal frameworks and institutional instruments of social assistance that demonstrate their ability to contribute to the realization of social rights and the problem of realization of social rights, social assistance seems to be able to play a prominent role as a public policy that helps to point out a solution to the problem of lack of effectiveness of social rights.

  13. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

    Gribnau, J.L.M.; Soeteman, A.

    2003-01-01

    Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,

  14. Marijuana legalization: solution or dissolution.

    Science.gov (United States)

    Cohen, S

    1981-01-01

    What is being suggested as the most feasible course now is a standfast position on the legal front; an aggressive, directed research program planned to answer the critical questions about marijuana; and a discouragement policy for adolescents. Legalization is not seen as a tenable solution for many reasons, and it is one that may be irreversible and regretted.

  15. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

    This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...

  16. 78 FR 14079 - Legal Processes

    Science.gov (United States)

    2013-03-04

    ... United States Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request... Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and production...

  17. 75 FR 3893 - Legal Processes

    Science.gov (United States)

    2010-01-25

    ... Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request. SUMMARY: The... United States Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and...

  18. Legalizing Farmworkers: The 2002 Outlook.

    Science.gov (United States)

    Martin, Philip

    2002-01-01

    Discusses proposals for a new guest worker program with Mexico, reviewing characteristics of U.S. farmworkers, the current federal H-2A program for admitting legal guest workers for farm work, major proposals being debated to turn unauthorized into legal farmworkers, and new considerations after September 11 that may affect the negotiations. (SM)

  19. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

    The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...

  20. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...