WorldWideScience

Sample records for legislation civil rights

  1. A moral justification for gay and lesbian civil rights legislation.

    Science.gov (United States)

    Samar, V J

    1994-01-01

    This essay explores, in two parts, the problems of justifying civil rights legislation for gays, lesbians, and bisexuals. Part I shows that discrimination against gays and lesbians at least in respect to employment, housing, and public accommodations is an evil unsupported by ethical traditions in utilitarianism, rights theory, and communitarianism. It also shows that two theories, Kantian theory and natural law theory, which do support such discrimination on the claim that homoerotic behavior is universally or objectively immoral only do so because of a failure to make precise the concept of "natural" which underlies those theories. Part II argues that anti-discrimination legislation is both an appropriate and effective means to promote the idea that discrimination against lesbians and gays in respect to most employment, housing, and public accommodations is sufficiently injurious to both individuals and society that it should not be tolerated. The section also explains how such legislation might succeed practically in eliminating discrimination in these areas.

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

    Science.gov (United States)

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

    2014-01-01

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

  3. CIVIL RIGHTS AND MINORITIES.

    Science.gov (United States)

    HARTMAN, PAUL

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

  4. A presença do Estado na rede: Marco Civil da Internet e reforma da Lei de Direito Autoral | The presence of the State on the web: the Civil Rights Framework for the Internet and reform of Copyright Legislation

    Directory of Open Access Journals (Sweden)

    Raphael Silveiras

    2016-05-01

    ABSTRACT This analyses the role played by the Brazilian government and civil society on the Internet based on  two public consultations held in Brazil on the web: the Civil Rights Framework for the Internet and the reform of the Copyright Law. The focus is primarily, but not exclusively, on the performance of the State, particularly regarding the way it exercised power while consulting society. This paper analyzes the context in which these public consultations were held, the development of both and their recent outcomes. Keywords: Power; State Internet; Public Consultation.

  5. 28 CFR 31.202 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Civil rights. 31.202 Section 31.202....202 Civil rights. (a) To carry out the State's Federal civil rights responsibilities the plan must: (1) Designate a civil rights contact person who has lead responsibility in insuring that all applicable civil...

  6. Getting the Civil War Right

    Science.gov (United States)

    Loewen, James W.

    2011-01-01

    William Faulkner famously wrote, "The past is never dead. It's not even past." He would not be surprised to learn that Americans, 150 years after the Civil War began, are still getting it wrong. Did America's most divisive war start over slavery or states' rights? The author says that too many people--including educators--get it wrong. The author…

  7. 14 CFR 1274.924 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Civil rights. 1274.924 Section 1274.924... FIRMS Other Provisions and Special Conditions § 1274.924 Civil rights. Civil Rights July 2002 Work on NASA cooperative agreements is subject to the provisions of Title VI of the Civil Rights Act of 1964...

  8. Political Rights of Civil Servants in Indonesia

    Directory of Open Access Journals (Sweden)

    Hernadi Affandi

    2014-04-01

    Full Text Available Abstract This paper highlights the regulation of political rights of civil servants (PNS in Indonesia based on the 1945 Indonesian Constitution. Political rights are part of human rights that shall be guarded and protected by the State in the form of legislation ranging from constitution to its implementing regulations. The presence of regulation is substantial for safeguarding the existence and implementing political rights possessed by citizens, including civil servants. However, in practice there are restrictions by the lawmaker towards the political rights of the civil servants in Indonesia. In this regard, this paper attempts to highlight two issues: first, the position of civil servants in Indonesia in the 1945 Indonesian Constitution; second, the regulation of the political rights of civil servants in the implementing regulations of the 1945 Indonesian Constitution. Abstrak Tulisan ini menyoroti pengaturan hak Pegawai Negeri Sipil (PNS di Indonesia berdasarkan Undang-Undang Dasar Negara Republik Indonesia tahun 1945 (UUD 1945. Hak politik merupakan bagian dari hak asasi manusia (HAM yang harus dijaga dan dilindungi negara dalam bentuk pengaturan perundang-undangan mulai dari undang-undang dasar sampai dengan peraturan perundang-undangan pelaksananya. Kehadiran peraturan perundangundangan tersebut menjadi penting agar keberadaan maupun pelaksanaan hak politik yang dimiliki warga negara, termasuk PNS, dapat berjalan sebagaimana mestinya. Dalam praktiknya, terdapat pembatasan yang dilakukan oleh pembentuk undang-undang terhadap hak politik PNS di Indonesia. Berkaitan dengan hal tersebut, tulisan ini mencoba menyoroti dua persoalan: pertama, kedudukan PNS di Indonesia dalam UUD 1945; kedua, pengaturan hak politik PNS dalam peraturan perundang-undangan pelaksana UUD 1945.

  9. GENEVA SECURITIES CONVENTION AND RUSSIAN CIVIL LEGISLATION REFORM: COMPARATIVE PERSPECTIVES

    Directory of Open Access Journals (Sweden)

    M. Botvinov

    2017-01-01

    Full Text Available The Russian Parliament has modified the Civil Code recently. This reform has also covered the regime of uncertificated securities. Under the modified Civil Code (RCC uncertificated securities do not constitute chattels but claims and other rights against the issuer. The legislator has also precised such issues as the methods of transfer and the creation of an interest upon those securities (Art. 149.2 of the RCC, the protection of the titleholder including the rights of a bona fide purchaser (Art. 149.3 of the RCC and the liability of an intermediary resulting from the loss of the records (Art. 149.5 of the RCC.In 2008, in Switzerland, the Parliament has adopted the Federal Intermediated Securities Act (FISA. The present Act has introduced a new object to the Swiss legal order: an intermediated security. The intermediated securities are distinguished from those in paper form and from the immobilized securities. The Swiss delegation has participated actively in the preparatory works that resulted later in the adoption of the UNIDROIT Convention on Substantive Rules for Intermediated Securities, also known as Geneva Securities Convention. However, this Convention has not been ratified by Switzerland.The author analyzes the key issues of the reform in relation to uncertificated securities. We examine in particular whether the provisions governing the regime of uncertificated securities under the modified Civil Code of the Russian Federation have become more compatible with Geneva Securities Convention. Finally, we will try to explain why this Convention is not in force and whether the Russian Federation and Switzerland could ratify it. 

  10. A Critique of the Key Legislative Framework Guiding Civil Liberties ...

    African Journals Online (AJOL)

    Key legislative framework presented in this paper is within the areas of media and access to information, individual rights and freedoms, as well as legislation pertaining to the conduct of elections. In some cases, colonial legislation that politicians claimed to have repealed was reincarnated, as the post-colonial dispensation ...

  11. 7 CFR 1709.18 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1709.18 Section 1709.18 Agriculture... ASSISTANCE TO HIGH ENERGY COST COMMUNITIES General Requirements § 1709.18 Civil rights. This program will be administered in accordance with applicable Federal Civil Rights Law. All grants made under this subpart are...

  12. 50 CFR 82.20 - Civil rights.

    Science.gov (United States)

    2010-10-01

    ... 50 Wildlife and Fisheries 6 2010-10-01 2010-10-01 false Civil rights. 82.20 Section 82.20 Wildlife... (MARINE MAMMAL PROTECTION ACT OF 1972) Administration § 82.20 Civil rights. Each cooperative agreement... Civil Rights Act of 1964, 42 U.S.C. 2000d-2000d-4, and with the Secretary's regulations promulgated...

  13. 28 CFR 65.52 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Civil rights. 65.52 Section 65.52... Additional Requirements § 65.52 Civil rights. The Act provides that “no person in any state shall on the... funds under the Act are also subject to the provisions of title VI of the Civil Rights Act of 1964...

  14. 30 CFR 880.16 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil rights. 880.16 Section 880.16 Mineral... LAND RECLAMATION MINE FIRE CONTROL § 880.16 Civil rights. State and local authorities shall comply with Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and all requirements imposed by or pursuant to...

  15. 7 CFR 761.3 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Civil rights. 761.3 Section 761.3 Agriculture... SPECIAL PROGRAMS GENERAL PROGRAM ADMINISTRATION General Provisions § 761.3 Civil rights. Part 15d of this title contains applicable regulations pertaining to civil rights and filing of discrimination complaints...

  16. 28 CFR 33.52 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Civil rights. 33.52 Section 33.52... Block Grants Additional Requirements § 33.52 Civil rights. The Justice Assistance Act provides that “no... the provisions of title VI of the Civil Rights Act of 1964; section 504 of the Rehabilitation Act of...

  17. 30 CFR 881.12 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil rights. 881.12 Section 881.12 Mineral... LAND RECLAMATION SUBSIDENCE AND STRIP MINE REHABILITATION, APPALACHIA § 881.12 Civil rights. State or local authorities shall comply with Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352) and all...

  18. 50 CFR 401.22 - Civil rights.

    Science.gov (United States)

    2010-10-01

    ... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Civil rights. 401.22 Section 401.22..., DEVELOPMENT AND ENHANCEMENT § 401.22 Civil rights. Each application for Federal assistance, grant-in-aid award... Assisted Programs of the Civil Rights Act of 1964 and with the Secretary's regulations promulgated...

  19. Victim's Rights - Comparative Approach within EU Legislation

    Directory of Open Access Journals (Sweden)

    Monica Pocora

    2015-12-01

    Full Text Available Usually is talking about offender rights and rarely about victim's rights. This study aims to analyse victim's rights especially in Romanian legislation from all points of view. Having involuntary fallen victim to crime, the person is often unaware of what information is available. It is therefore important that the onus is not put on the victim to request a certain piece of information. Victims of crimes need to have their important role in the criminal proceedings and he or she has to know about the extension of them rights. Not least, the study is focus on the right of the victim to receive information, not to be made responsible for the practicalities surrounding its delivery.

  20. 42 CFR 59.209 - Civil rights.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 1 2010-10-01 2010-10-01 false Civil rights. 59.209 Section 59.209 Public Health... Grants for Family Planning Service Training § 59.209 Civil rights. Attention is called to the requirements of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d et seq.) and in...

  1. 38 CFR 21.7310 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Civil rights. 21.7310... Bill-Active Duty) Administrative § 21.7310 Civil rights. (a) Delegation of authority concerning Federal... Rights Act of 1964; (2) Title IX, Education Amendments of 1972, as amended; (3) Section 504...

  2. 7 CFR 3550.3 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil rights. 3550.3 Section 3550.3 Agriculture... DIRECT SINGLE FAMILY HOUSING LOANS AND GRANTS General § 3550.3 Civil rights. RHS will administer its... assistance, or because the applicant has, in good faith, exercised any right under the Consumer Credit...

  3. 7 CFR 250.21 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 4 2010-01-01 2010-01-01 false Civil rights. 250.21 Section 250.21 Agriculture... rights. Distributing agencies, subdistributing agencies and recipient agencies shall comply with the Department's nondiscrimination regulations (7 CFR parts 15, 15a, and 15b) and the FNS civil rights...

  4. 13 CFR 302.20 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Civil rights. 302.20 Section 302.20 Business Credit and Assistance ECONOMIC DEVELOPMENT ADMINISTRATION, DEPARTMENT OF COMMERCE GENERAL TERMS AND CONDITIONS FOR INVESTMENT ASSISTANCE § 302.20 Civil rights. (a) Discrimination is prohibited...

  5. 7 CFR 1735.15 - Civil rights.

    Science.gov (United States)

    2010-01-01

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

  6. 7 CFR 1738.17 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1738.17 Section 1738.17 Agriculture Regulations of the Department of Agriculture (Continued) RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE RURAL BROADBAND ACCESS LOANS AND LOAN GUARANTEES Loan Purposes and Basic Policies § 1738.17 Civil rights...

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

    African Journals Online (AJOL)

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

  8. International Covenant on Civil and Political Rights

    Directory of Open Access Journals (Sweden)

    Catalina Mititelu

    2013-08-01

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

  9. Protection of personality rights in civil law

    Directory of Open Access Journals (Sweden)

    Simonović Ivana

    2014-01-01

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

  10. Focus on Civil Rights; Vietnam; Women's Liberation.

    Science.gov (United States)

    Anderson, Terry H.

    1985-01-01

    Information to help secondary history teachers select appropriate readings on three of the most important issues of the sixties--civil rights, the Vietnam War, and women's liberation--is provided. Significant books on these topics are discussed. (RM)

  11. Protection of civil rights and technological development

    International Nuclear Information System (INIS)

    Wagner, H.

    1985-01-01

    The question of how the consequences of technological development are to be mastered on the legal level is not primarily a problem of the administrative procedure. The essential point in the discussion on protection of basic rights is not to be seen in the citizen's right to participate in administrative procedures, but rather in the substantive civil rights of individual persons as against the government, together with the system of values established in the Basic Law and derived from the basic rights, as well as in the proper functioning of the principle of separation of powers (legislature, administration, and judicature). The law on procedure and thus the idea of (protection of civil rights by rules of procedure) in this context only have an enhancing effect. Practical protection of civil rights is also ascertained in the Federal Republic of Germany by the particularly well-established guarantee of access to the courts. Another idea to be mentioned in this context is an approach that can be termed as 'protection of civil rights by government-funded research'. Other facts contributing to building a protective shield against infringement of civil rights by technology, activities or installations, include e.g. the federal structure of the state and the administration, type and scope of organisation of the public service, the established system of environmental protection and the safety provided by the current system of expert opinions. (orig./HSCH) [de

  12. THE JUDICIAL PRECEDENT IN THE LIGHT OF THE NEW BRAZILIAN CIVIL PROCEDURE CODE AND PROPOSED CONSTITUTIONAL READING: JURISDICTIONAL MECHANISM OF LAW EFFECTIVENESS OF JUSTICE AND OF THE CONCRETIZATION OF OTHER PRINCIPLES AND FUNDAMENTAL RIGHTS OR MERELY SYMBOLIC LEGISLATION?

    OpenAIRE

    Bester, Gisela Maria; Silva, Maria da Vitória Costa e

    2017-01-01

    This scientific article aims to examine whether the judicial precedent by the new Brazilian Civil Procedure Code (Act nº 13.105/2015) and under adequate constitutional reading, represents, or not, in the context of the judicial function, a real effective mechanism of Justice and other fundamental principles and rights. Examines the subject and the object so marked by the deductive method, starting from the initial regulatory contributions, theorists and jurisprudence, to support a more critic...

  13. 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)

  14. Civil Rights at the Crossroads: Will the Clock Be Turned Back?

    Science.gov (United States)

    Reynolds, Wm. Bradford

    In these remarks, William Bradford Reynolds, Assistant Attorney General of the Civil Rights Division, Department of Justice, discusses American civil rights in the light of past and present Federal policy. A review of constitutional provisions, legislation, and court litigation reveals how policy has variously provided for equality and perpetuated…

  15. Civil Rights Law and the Brown Decision.

    Science.gov (United States)

    Greenberg, Jack

    The Brown decision of 1954 was the product of a planned program of litigation begun in the late 1920s and the early 1930s by a group of Black lawyers. Their work would not have succeeded if the ethos of the United States had not been changing simultaneously. The growth of a climate more conducive to civil rights is reflected in the presidential…

  16. Civil and Constitutional Rights of Adjudicated Youth.

    Science.gov (United States)

    Landess, Jacqueline

    2016-01-01

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

  17. 40 CFR 35.925-9 - Civil rights.

    Science.gov (United States)

    2010-07-01

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

  18. 42 CFR 457.130 - Civil rights assurance.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false Civil rights assurance. 457.130 Section 457.130...; State Plans for Child Health Insurance Programs and Outreach Strategies § 457.130 Civil rights assurance. The State plan must include an assurance that the State will comply with all applicable civil rights...

  19. 75 FR 9434 - Civil Rights Division, Disability Rights Section; Agency Information Collection Activities Under...

    Science.gov (United States)

    2010-03-02

    ... Civil Rights Division, Disability Rights Section; Agency Information Collection Activities Under Review... Department of Justice, Civil Rights Division, Disability Rights Section, will be submitting the following... Wodatch, Chief, Disability Rights Section, Civil Rights Division, by calling (800) 514- 0301 (Voice) or...

  20. 75 FR 27817 - Civil Rights Division, Disability Rights Section; Agency Information Collection Activities Under...

    Science.gov (United States)

    2010-05-18

    ...: 2010-11761] DEPARTMENT OF JUSTICE [OMB Number 1190-0004] Civil Rights Division, Disability Rights... (Transition Plan). The Department of Justice, Civil Rights Division, Disability Rights Section, will be... sponsoring the collection. No form number. Disability Rights Section, Civil Rights Division, U.S. Department...

  1. 75 FR 9433 - Civil Rights Division, Disability Rights Section; Agency Information Collection Activities Under...

    Science.gov (United States)

    2010-03-02

    ... Number 1190-0004] Civil Rights Division, Disability Rights Section; Agency Information Collection... Justice, Civil Rights Division, Disability Rights Section, will be submitting the following information..., contact John Wodatch, Chief, Disability Rights Section, Civil Rights Division, by calling (800) 514- 0301...

  2. Legislative Protection of Property Rights in Ethiopia: An Overview ...

    African Journals Online (AJOL)

    There are ambiguities, inconsistencies, gaps and outdated features in the legislative protection of some property rights in Ethiopia. Moreover, there is the bestowal of wide and undue discretion to various administrative authorities without judicial scrutiny. These problems clearly lead to discretionary and arbitrary ...

  3. Civil Legislation and International Treaties: The Interaction within the Legal System of the Russian Federation

    OpenAIRE

    Eremenko, Alexander

    2010-01-01

    The article deals with analysis of theoretical aspects of the category of “international treaties” from the point of view of their place in the hierarchical structure of the legal system of the Russian Federation and their correlation to the civil legislation. The author describes the synthetic models of correlation of international treaties and national legislation and formulates these models as concepts of “super-nationalism”, “sub-constitutionalism”, “super-legalism” and “inter-legalism”....

  4. [The Patient Rights Act (PatRG)--part 1: legislative procedure, treatment contract, contracting parties and their obligations to cooperate and inform].

    Science.gov (United States)

    Parzeller, Markus; Zedler, Barbara

    2013-01-01

    The article deals with the new regulations in the German Civil Code (BGB) which came into effect in Germany on 26 Feb 2013 as the Patient Rights Act (PatRG). In Part I, the legislative procedure, the treatment contract and the contracting parties (Section 630a Civil Code), the applicable regulations (Section 630b Civil Code) and the obligations to cooperate and inform (Section 630c Civil Code) are discussed and critically analysed.

  5. [Risk management in health care systems: the new legislative orientations in medical civil responsibility].

    Science.gov (United States)

    Tomassini, A; Signorelli, C; Colzani, E

    2004-01-01

    The recent radical change in the relationships between physicians and patients has increased the frequency of malpractice. Consequently, on one hand, many physicians got used to avoiding any possible risk of denunciation by applying the so called "defensive medicine", while on the other hand, the insurance companies raised the prices of their premiums for policies concerning civil responsibility of health operators. In order to avoid this "vicious circle", some health structures created Units for the Risk Management related to malpractice, while others took advantage of the collaboration of Associations for Patients' Rights to create database about the most frequent medical mistakes. The need for a legislative change has been accepted by the Parliament which expects with the proposal n.108 (approved in spring 2002 by the Commission for Hygiene and Health of the Senate) to attribute the civil responsibility of the physicians to the hospitals (both private and public) for which they work, to constitute a Register of experts and to accelerate the legal disputes. The problem is complex and still to be solved, but it seems that time for a strong intervention in order to improve the situation has to come.

  6. Legislative and other measures taken by government to realise the right of children to shelter

    Directory of Open Access Journals (Sweden)

    I Mc Murray

    2004-06-01

    Full Text Available The Constitution of the Republic of South Africa , 1996 entrenches numerous socio-economic rights. One of these socio-economic rights is contained in section 26 that grants everyone the right to have access to adequate housing and section 28 that grants every child the additional right to basic shelter among others. This article aims to examine the legislative and other measures taken by the state to realise the right to shelter of children. Firstly, the legislative measures taken specifically for the realisation of children's right to basic shelter as envisaged by section 28(1(c will be discussed. Thereafter attention will be drawn to those measures taken to ensure the progressive realisation of section 26. Section 26 provides everyone, including children, the right of access to adequate housing. Therefore, every measure taken to realise section 26 is indirectly applicable to the realisation of section 28(1(c and children's right to basic shelter.The conclusion may be drawn that most of the discussed legislative and other measures are aimed at realising everyone's right of access to adequate housing, this includes children. However, most of these measures make little mention of the specific right of children to basic shelter. It is regarded as inclusive in the overall application of the legislation. Once again, it must be stressed that these legislative and other measures, in order to comply with the standard of reasonableness, must regard the interest of children to be paramount. If such legislation does not provide for the interest of children as a vulnerable group, it can be argued that the relevant legislative measure is not constitutionally valid.It is submitted that national government must recognise the importance of the role of local government, and local government should increasingly assume policy-making and implementation powers in their area. This will go a long way to building local capacity to function as effective development

  7. Citizenship, Rights and the Problem of Internal Conflicts and Civil ...

    African Journals Online (AJOL)

    The paper undertakes a re-interpretation of the problem of internal conflicts and civil wars in Africa, from the perspective of citizenship and rights. The central argument is that although the genealogy and dimensions of conflicts and civil wars in Africa are quite complex and varied, however, underlying most of those conflicts, ...

  8. 75 FR 27815 - Civil Rights Division; Disability Rights Section: Agency Information Collection Activities Under...

    Science.gov (United States)

    2010-05-18

    ... Doc No: 2010-11756] DEPARTMENT OF JUSTICE [OMB Number 1190-0009] Civil Rights Division; Disability... Division, Disability Rights Section, will be submitting the following information collection request to the... form number. Disability Rights Section, Civil Rights Division, U.S. Department of Justice. (4) Affected...

  9. On the Transition from Civil Rights to Civil Equality--Part II.

    Science.gov (United States)

    O'Dell, J. H.

    1978-01-01

    The struggle against racism today takes place in the context of severe national economic problems. Civil rights activists must participate in and help all efforts that are addressing these economic problems. The experiences of the sixties can guide these efforts and thus advance the struggle for de facto civil equality. (Author/MC)

  10. Rights-based mental health legislation and the right to be treated.

    Science.gov (United States)

    Scott, Russ

    2008-05-01

    Following the United Nations Declaration on the Rights of Persons with Mental Illness (1991), the Australian Government released the National Mental Health Policy in 1992. Pointedly, the Report of the National Inquiry into the Rights of People with a Mental Illness in 1993 was critical of the failure of a number of Australian jurisdictions to adequately protect the rights of people with mental illness. A subsequent critique of the capacity of mental health law and policy to respond to current and future challenges of community-based care suggested that while Australian legislation and policies may pass human rights scrutiny in principle, there was insufficient focus on the monitoring processes to ensure implementation and adherence to those measures. The new Commonwealth Attorney-General has foreshadowed the development of a Charter of Rights to create a framework for legislators and regulators when drafting legislation to cover "aspirations" such as the recognition of fundamental human rights. However, it is argued that the dilemma of how best to care for and protect those afflicted with mental illness as well as the public who may be affected by violence or offending by those persons with untreated mental illness, will not be resolved by resort to a didactic Charter of Rights, however idealistic or well intentioned.

  11. Civil Rights and Employment of the Severely Handicapped

    Science.gov (United States)

    Thoben, Patricia J.

    1975-01-01

    Forty-four million disabled Americans comprise a large minority group that has joined the civil rights movement to address the social, economic, and political injustices affecting their human rights. Architectural, transportation, and attitudinal barriers place handicapped individuals at a disadvantage in obtaining adequate education, equal…

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

    Directory of Open Access Journals (Sweden)

    Fernanda Sell de Souto Goulart Fernandes

    2016-10-01

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

  13. Enforcement of Federal Civil Rights Laws in the Reagan Administration.

    Science.gov (United States)

    Reynolds, William Bradford

    In this statement, William Bradford Reynolds, Assistant Attorney General, discusses the Federal government's enforcement policies and activities regarding equal employment opportunity, and defends the Reagan Administration and the Justice Department against charges cited in a report by the Leadership Conference on Civil Rights. Reynolds contends…

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

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

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

  15. Civil Rights Issues Facing Arab Americans in Michigan.

    Science.gov (United States)

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

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

  16. Legislative Protection of Property Rights in Ethiopia: An Overview

    African Journals Online (AJOL)

    Muradu_A.

    177. 47 Civil Code, Arts. 1151-1206 ... In other words, '… laws on registration aim at promoting security in real estate transactions so as to ... the urban real property registration law, if and when enacted and backed by an administrative system ...

  17. Realization of Human Rights Guarantees in Civil Proceedings in Russia

    Directory of Open Access Journals (Sweden)

    Badma V. Sangadzhiev

    2016-09-01

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

  18. 75 FR 27816 - Civil Rights Division, Disability Rights Section; Agency Information Collection Activities Under...

    Science.gov (United States)

    2010-05-18

    ... Doc No: 2010-11759] DEPARTMENT OF JUSTICE [OMB Number 1190-0005] Civil Rights Division, Disability..., Disability Rights Section, will be submitting the following information collection request to the Office of... applicable component of the Department sponsoring the collection. No form number. Disability Rights Section...

  19. Retrospective of the human rights situation in Croatia through legislation and judicial practice, with emphasis on minority rights

    Directory of Open Access Journals (Sweden)

    Lončar Semina

    2009-01-01

    Full Text Available Since the establishment of new states of former Yugoslavia, the Republic of Croatia led discriminatory legislative and judicial policies towards minorities, politically 'unsuitable' and families of mixed ethnic structure, with the aim of creating ethnically pure Croatian. For this purpose, brought a series of racist and discriminatory laws, some of which had a retroactive effect and apply, all to existing state: deportation of over 350,000 citizens, the confiscation of over 30,000 apartments, the suspension of payments of pensions over 33,000 users, mining and destruction of over 78,000 residential and farm buildings in private ownership, and other damages... caused solely due to ethnicity - legalized. In addition to the illegal seizure of property, are members of minority status and the laws reduced civil rights, and which further worsened their position in Croatia. The legislative policy is followed synchromesh and jurisprudence, so that damaged and disenfranchised people are not even legal way was able to obtain their material status and rights were before the war, as well as Croatian citizens, and had made in Croatia. Unfortunately, the institutions of the European Court of Human Rights, which many believed, proved a failure, because it is generally rejected all claims for refund compensation or restoration - not believing that the Croatian courts violate any law, or that the damage caused prior to November 1997th, ie, until the signing of the Convention, Croatia is not responsible. Since Croatian independence until today, discrimination against minorities (mostly by Serbian, although under pressure from the international community an improved law - in practice, remained present in almost all spheres of life. In addition to Serbian, has problems and the Albanian minority, which Croatia is denied issuance of work permits, and thus the right to stay, and deportation orders from the economic crisis, the structure of human rights extended to all

  20. GUARANTEES OF THE RIGHT TO A FAIR CIVIL TRIAL

    Directory of Open Access Journals (Sweden)

    Diana-Loredana Jalbă

    2015-11-01

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

  1. 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.

  2. Considering the impact of the 'Right to Bargain' Legislation in Ireland: A Review

    OpenAIRE

    Cullinane, Niall; Dobbins, Anthony

    2014-01-01

    Ireland is rare among advanced economies in not having statutory trade union recognition legislation for collective bargaining purposes. The matter has been a source of policy contention over the years with attempts to resolve it encapsulated in the so-called ‘Right to Bargain’ legislation, introduced in 2001. This legislation has sought to circumvent statutory recognition in Ireland by putting in place an alternative mechanism for unions to represent members in non-union firms where collecti...

  3. The impact of civil union legislation on minority stress, depression, and hazardous drinking in a diverse sample of sexual-minority women: A quasi-natural experiment

    Science.gov (United States)

    Everett, Bethany G.; Hatzenbuehler, Mark L.; Hughes, Tonda L.

    2017-01-01

    Rationale A small but growing body of research documents associations between structural forms of stigma (e.g., same-sex marriage bans) and sexual minority health. These studies, however, have focused on a limited number of outcomes and have not examined whether sociodemographic characteristics, such as race/ethnicity and education, influence the relationship between policy change and health among sexual minorities. Objective To determine the effect of civil union legalization on sexual minority women’s perceived discrimination, stigma consciousness, depressive symptoms, and four indicators of hazardous drinking (heavy episodic drinking, intoxication, alcohol dependence symptoms, adverse drinking consequences) and to evaluate whether such effects are moderated by race/ethnicity or education. Methods During the third wave of data collection in the Chicago Health and Life Experiences of Women study (N=517), Illinois passed the Religious Freedom Protection and Civil Union Act, legalizing civil unions in Illinois and resulting in a quasi-natural experiment wherein some participants were interviewed before and some after the new legislation. Generalized linear models and interactions were used to test the effects of the new legislation on stigma consciousness, perceived discrimination, depression, and hazardous drinking indicators. Interactions were used to assess whether the effects of policy change were moderated by race/ethnicity or education. Results Civil union legislation was associated with lower levels of stigma consciousness, perceived discrimination, depressive symptoms, and one indicator of hazardous drinking (adverse drinking consequences) for all sexual minority women. For several other outcomes, the benefits of this supportive social policy were largely concentrated among racial/ethnic minority women and women with lower levels of education. Conclusions Results suggest that policies supportive of the civil rights of sexual minorities improve the health

  4. Legislative Provisions Underlying Trade Unions' Right to Define Their Organizational Structure

    Science.gov (United States)

    Korobchenko, Victoria V.; Penov, Yury V.; Safonov, Valery A.

    2016-01-01

    The article contains a comparative analysis of constitutional and other legislative provisions that ensure a trade union's right to define its own administrative structure in European states. The aim of the study is to reveal the management's problems of European trade unions, declarative and empirical mass-character legislative provisions, which…

  5. Legislation

    International Nuclear Information System (INIS)

    2002-01-01

    This bulletin contains information about activities of the Nuclear Regulatory Authority of the Slovak Republic (UJD). In this leaflet the legislation activities of the UJD are presented. The Nuclear Regulatory Authority (UJD) of the Slovak Republic, as the central body, performs legislative activities within its competence and defines binding criteria in the area of nuclear safety. In the area of nuclear safety the Act No.130/1998 Coll. 'on peaceful use of nuclear energy' (Atomic Act) is the principal document which came into force on July 1, 1998. Based on the Atomic Act UJD issued decrees on special materials and installations, limits for maximum quantities of nuclear materials at which nuclear damage is not presumed. Furthermore, the regulations are issued which deal with provision of physical protection of nuclear material and radioactive waste, professional ability of employees at nuclear installations, registration and control of nuclear materials, emergency planning for the case of an incident or an events on nuclear installations at their decommissioning, transportation of nuclear materials and radioactive waste. Simultaneously, other 6 regulations are just before the before the completion and they are in various stages of the of the legislative process. In addition, UJD performs remarkable activities in legislative area by preparation of comments to drafts of other relating generally binding legal provisions of the Slovak Republic. UJD also acts as the participant of the review procedure in the area of technical standards and publication. UJD also issues documents which have character of the recommendations, so called safety guides. These guides contain methods and approach how to meet safety requirements presented in binding documents, as acts and decrees. In accordance with the Atomic act it is possible to use nuclear energy or make business in the area of nuclear energy only the basis of the authorisation issued by UJD. Authorisations are following

  6. Does counterterrorist legislation hurt human rights practices? A longitudinal cross-national analysis.

    Science.gov (United States)

    Shor, Eran; Filkobski, Ina; Ben-Nun Bloom, Pazit; Alkilabi, Hayder; Su, William

    2016-07-01

    In the aftermath of the 9/11 terrorist attacks, many countries have passed new counterterrorist legislation. One of the common assumptions about such legislation is that it comes with a price: a compromise to practices of human rights. Previous research, looking at a wide range of case studies, suggested that this is indeed the case and that counterterrorist legislation often leads to subsequent repression. However, no large-scale cross-national study has yet assessed this relationship. Relying on a newly assembled database on nation-level counterterrorist legislation for the years 1981-2009, we conduct a cross-national time series analysis of legislation and repression. Our analyses find little evidence for a significant relationships between national counterterrorist legislation and various measures of core human rights in most countries. However, while legislation does not affect repression of physical integrity rights in countries with low and high levels of repression, it is associated with greater state repression in countries with intermediate scores of repression. Copyright © 2016 Elsevier Inc. All rights reserved.

  7. Civil Society in the OSCE: From Human Rights Advocacy to Peacebuilding

    OpenAIRE

    Cerny, Natascha; Goetschel, Laurent

    2016-01-01

    The OSCE’s relations with civil society have been ambiguous: Historically, the Organization was at the forefront in including civil society in both the content and the procedures of its work. However, this happened forty years ago and concerned a particular political context and specific types of civil society engagement. It was very much about giving civil society actors a voice in the former Eastern Bloc in order to promote civic rights and liberties. Since then, the role of civil society o...

  8. 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.

  9. Mental health legislation and human rights in England, Wales and the Republic of Ireland.

    Science.gov (United States)

    Kelly, Brendan D

    2011-01-01

    In 2005, the World Health Organization (WHO) published its Resource Book on Mental Health, Human Rights and Legislation (Geneva: WHO) presenting a detailed statement of human rights issues which need to be addressed in national legislation relating to mental health. The purpose of this paper is to determine the extent to which revised mental health legislation in England, Wales (2007) and Ireland (2001) accords with these standards (excluding standards relating solely to children or mentally-ill offenders). Legislation in England and Wales meets 90 (54.2%) of the 166 WHO standards examined, while legislation in Ireland meets 80 standards (48.2%). Areas of high compliance include definitions of mental disorder, relatively robust procedures for involuntary admission and treatment (although provision of information remains suboptimal) and clarity regarding offences and penalties Areas of medium compliance relate to competence, capacity and consent (with a particular deficit in capacity legislation in Ireland), oversight and review (which exclude long-term voluntary patients and require more robust complaints procedures), and rules governing special treatments, seclusion and restraint. Areas of low compliance relate to promoting rights (impacting on other areas within legislation, such as information management), voluntary patients (especially non-protesting, incapacitated patients), protection of vulnerable groups and emergency treatment. The greatest single deficit in both jurisdictions relates to economic and social rights. There are four key areas in need of rectification and clarification in relation to mental health legislation in England, Wales and Ireland; these relate to (1) measures to protect and promote the rights of voluntary patients; (2) issues relating to competence, capacity and consent (especially in Ireland); (3) the role of "common law" in relation to mental health law (especially in England and Wales); and (4) the extent to which each jurisdiction

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

    Science.gov (United States)

    Musarandega, Reuben

    2009-01-01

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

  11. Legislative and executive translation of the right to have access to ...

    African Journals Online (AJOL)

    It is the task of government to turn the basic rights contained in the Constitution into lived reality for South Africa's people by means of legislation and policy. Marius Pieterse focuses on the crucially important right of access to health care services, examining the extent to which the legislature and executive have translated ...

  12. Implementation of patients' rights legislation in the Republic of Macedonia: gaps and disparities.

    Science.gov (United States)

    Alcheva, Gabriela; Gerovski, Filip; Beletsky, Leo

    2013-12-12

    Since its formation after the breakup of Yugoslavia, Macedonia has made major strides in formulating a framework for protecting patient rights through extensive legal reform. The impact of this reform had not been assessed before the work of this project. Within the context of a larger project on improving human rights in patient care, this paper provides an overview of patients' rights legislation in Macedonia and uses research, case reports, and other empirical information to highlight the gaps in the implementation of patients' rights legislation on the ground. The Law on the Protection of Patients' Rights (2008) and attendant legislation governing health care provision and other aspects of the social contract in Macedonia provide extensive protections for the rights of patients in such domains as the right to access health care, the right to information, and the right to remedy. This legislation also outlines several new procedural channels to enable patients to vindicate their rights within institutional and governmental structures on the local and national levels. Data from a number of studies and case file reviews suggest, however, that the implementation of many key provisions is lacking, both in terms of quality and presence of services or mechanisms contemplated by Macedonian law. Gaps in implementation disproportionately affect vulnerable and marginalized groups, including women, rural residents, and Roma. Although the letter of Macedonian law generally complies with international best practices in patients' rights, these rights are not fully implemented and the mechanisms implied are not fully functional. Additional investment must be made in monitoring systems, education, and incentive mechanisms to ensure effective implementation, including the formation of a mandated commission for the protection of patients' rights. Copyright © 2013 Alcheva, Gerovski, and Beletsky. This is an open access article distributed under the terms of the Creative Commons

  13. Sexual and reproductive rights in Argentina: New legislative trends and physician opinions

    Directory of Open Access Journals (Sweden)

    Maximiliano Nicolás Campana

    2017-08-01

    Full Text Available If tracing the trajectory of right to health in Argentina over the last decade, we can see how the new legislation grants increasing importance to the voluntary will of patients. Argentine citizens are increasingly able to make decisions regarding everything related to the care of their own bodies and health. This undoubtedly causes a shift in the traditional role of physicians, who historically have made decisions regarding healthcare for the population. This article will focus on how sexual and reproductive rights have started to be regulated in the country, and then compare the current legislation with the opinion of doctors living in the city of Cordoba (Argentina, to see if healthcare professionals are in accordance with these new legislative trends.

  14. Economic Effects of Legislative Framework Changes in Groundwater Use Rights for Irrigation

    Directory of Open Access Journals (Sweden)

    Maurizio Prosperi

    2011-09-01

    Full Text Available In most countries, groundwater resource is a public good, and the entitlement of use rights by the public authority to final users differs according to a country-specific legislative framework. In Italy, groundwater extraction has been regulated through non-tradable private licenses. At present, the public authority needs to reform the current legislative framework, in order to comply with the Water Framework Directive, aimed at the enhancement of the efficiency of the resource use. This research analyzes the effects of reforming the current framework based on non-tradable use rights, by comparing two different liberalization scenarios: an intra-sector market, and a regional market. Although positive economic benefits are generally expected from the liberalization of use rights at aggregated level, we want to analyze whether effects of the legislative framework causes uneven changes on some farm groups. The empirical case study refers to the Fortore river basin (South of Italy, where groundwater covers about 50–80% of current needs, and informal (though illegal water markets across neighbor farmers already exist. From the findings, there is no evidence that the exchange liberalization of groundwater use rights leads to gains in terms of the value added and the farmer’s revenue. In addition, in the case of an auction system regulated by the public authority, farmers whose water productivity is higher may be able to gain, while others may suffer some losses. In this case, resistances from farmers’ associations towards the legislative framework reform may arise.

  15. Data Base Legislation in the Digital Age: Balancing the Public Good and the Owners' Rights

    Science.gov (United States)

    Kennedy, Lynn M.

    2013-01-01

    This dissertation is a study of the impact of federal legislative proposals considered between 1997 and 2004 that offer protection to databases. It investigates the effect that the proposals had on the balance between the economic interests of owners and the right of the public to unfettered access to information. This identified legislation…

  16. DEPARTMENT OF ENERGY: Views on Proposed Civil Penalties, Security Oversight, and External Safety Regulation Legislation

    National Research Council Canada - National Science Library

    Jones, Gary

    2000-01-01

    .... 3383 would amend the Atomic Energy Act by eliminating the exemption that currently allows certain nonprofit contractors to avoid paying civil penalties if they violate DOE's nuclear safety rules...

  17. Civil society- state relations in Turkey: Analysis of legislative infrastructure and institutional reforms

    OpenAIRE

    Balcıoğlu, Zeynep

    2014-01-01

    This paper discusses the way the institutional and legal mechanisms initiated, reformed and practiced regarding the civil society organizations and public sector relations in Turkey and assess their compatibility to the international standards and capability to bring out an affirmative action to enlarge and strengthen the enabling environment for civil society and improve the accountability and transparency of the public institutions. To do that, it particularly focuses on the ...

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

    Science.gov (United States)

    Nilsen, Alleen Pace

    2008-01-01

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

  19. 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.

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

    Science.gov (United States)

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

    2015-10-01

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

  1. Fundamental rights reflected by the legislation regarding radiation and nuclear power

    Energy Technology Data Exchange (ETDEWEB)

    Han, Eun Ok [Korea Academy of Nuclear Safety, Seoul (Korea, Republic of); Lee, Jae Seong [Korea Institute of Nuclear Safety, Daejeon (Korea, Republic of); Cho, Hong Jea [Korea National Defense University, Goyang (Korea, Republic of)

    2016-05-15

    Despite the visible growth in radiation usage and nuclear power development, the analysis of their relationship with fundamental rights, a subject of public concern regarding issues including the right to health, environmental rights, safety rights, the right to know, the right to development, and the right to life, is currently non-existent. 15-29By examining various fundamental rights in the context of positive laws regarding radiation and nuclear power in an idealistic perspective that guarantees the maximum degree of rights, this paper aims to propose legislative supplements that will lead to improvements in quality of life. In the South Korean Constitution, radiation and nuclear power is a subject incorporating several rights, including at least 12 clauses that are directly related to fundamental rights; these constitutional rights are manifested in the various clauses of the 14 positive laws regarding radiation and nuclear power. The question on the relative importance of each fundamental right as reflected in these positive laws- whether the right to life should be prioritized or considered equal in weight to the right to health, environmental rights, the right to know, and safety rights- requires careful deliberation and is difficult to humanly resolve in the short term. Making policy that expands the usage of radiation and nuclear power while simultaneously preventing their associated risks is an important task for the Republic of Korea, and a proper value judgment is necessary to find a balance in its associated rights.

  2. Fundamental rights reflected by the legislation regarding radiation and nuclear power

    International Nuclear Information System (INIS)

    Han, Eun Ok; Lee, Jae Seong; Cho, Hong Jea

    2016-01-01

    Despite the visible growth in radiation usage and nuclear power development, the analysis of their relationship with fundamental rights, a subject of public concern regarding issues including the right to health, environmental rights, safety rights, the right to know, the right to development, and the right to life, is currently non-existent. 15-29By examining various fundamental rights in the context of positive laws regarding radiation and nuclear power in an idealistic perspective that guarantees the maximum degree of rights, this paper aims to propose legislative supplements that will lead to improvements in quality of life. In the South Korean Constitution, radiation and nuclear power is a subject incorporating several rights, including at least 12 clauses that are directly related to fundamental rights; these constitutional rights are manifested in the various clauses of the 14 positive laws regarding radiation and nuclear power. The question on the relative importance of each fundamental right as reflected in these positive laws- whether the right to life should be prioritized or considered equal in weight to the right to health, environmental rights, the right to know, and safety rights- requires careful deliberation and is difficult to humanly resolve in the short term. Making policy that expands the usage of radiation and nuclear power while simultaneously preventing their associated risks is an important task for the Republic of Korea, and a proper value judgment is necessary to find a balance in its associated rights

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

    Science.gov (United States)

    Hernández, Laura E.

    2016-01-01

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

  4. Relating the Fourteenth and Fifteenth Amendments to the Civil Rights Movement.

    Science.gov (United States)

    Minor, Gary

    1989-01-01

    Incorporates material from the Civil Rights Movement of the 1960's into the high school curriculum as part of a unit on the Reconstruction Era. Discusses the background and passage of the Fourteenth and Fifteenth Amendments and the beginning of Jim Crow laws as precursors to the Civil Rights Movement. (KO)

  5. 10 CFR 1.37 - Office of Small Business and Civil Rights.

    Science.gov (United States)

    2010-01-01

    ... (h) Coordinates all efforts pertaining to small and disadvantaged business utilization and equal... 10 Energy 1 2010-01-01 2010-01-01 false Office of Small Business and Civil Rights. 1.37 Section 1... Headquarters Staff Offices § 1.37 Office of Small Business and Civil Rights. The Office of Small Business and...

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

    Science.gov (United States)

    Civil Rights Project / Proyecto Derechos Civiles, 2010

    2010-01-01

    The Civil Rights Project (CRP) was founded, in part, to bring rigorous social science inquiry to bear on the most pressing civil rights issues. On-going trends involving public school segregation have been a primary focus of the CRP's research, and the expanding policy emphasis on school choice prompted analysis of the much smaller--but…

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

    Science.gov (United States)

    Hale, Jon N.

    2011-01-01

    This article examines the history of the 1964 Mississippi Freedom Schools to illustrate how integrating the Civil Rights Movement into the social studies curriculum refocuses the aims of American education on participatory democracy. Teaching the Civil Rights Movement and employing the teaching strategies used in the Freedom Schools leads to the…

  8. FRAMEWORK LEGISLATION FOR THE REALISATION OF THE RIGHT TO HAVE ACCESS TO SUFFICIENT FOOD

    Directory of Open Access Journals (Sweden)

    Anél Terblanche

    2012-12-01

    Full Text Available Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain a daily reality for approximately 35 percent of the South African population. The government's commitment to food security to date of writing this contribution manifests in related policies, strategies, programmes and sectoral legislation with the focus on food production, distribution, safety and assistance. A paradigm shift in the international food security debate was encouraged during 2009, namely to base food security initiatives on the right to sufficient food. During a 2011 visit to South Africa, the Special Rapporteur for the Right to Food of the United Nations, accordingly confirmed that a human rights-based approach to food security is necessary in the South African legal and policy framework in order to address the huge disparities in terms of food security (especially concerning geography, gender and race. A human rights-based approach to food security will add dimensions of dignity, transparency, accountability, participation and empowerment to food security initiatives. The achievement of food security is further seen as the realisation of existing rights, notably the right of access to sufficient food. The right of access to sufficient food, as entrenched in section 27(1(b of the Constitution of the Republic of South Africa, 1996 will accordingly play a central role within a human rights-based approach to food security. Section 27(2 of the Constitution of the Republic of South Africa, 1996 qualifies section 27(1(b by requiring the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of the section 27(1 rights. The South African government's commitment to food security, as already mentioned, currently manifests in related policies

  9. Identifying the gaps: Armenian health care legislation and human rights in patient care protections.

    Science.gov (United States)

    Zopunyan, Violeta; Krmoyan, Suren; Quinn, Ryan

    2013-12-12

    Since the collapse of the Soviet Union, the Republic of Armenia has undergone an extensive legislative overhaul. Although a number of developments have aimed to improve the quality and accessibility of Armenia's health care system, a host of factors has prevented the country from fully introducing measures to ensure respect for human rights in patient care. In particular, inadequate health care financing continues to oblige patients to make both formal and informal payments to obtain basic medical care and services. More generally, a lack of oversight and monitoring mechanisms has obstructed the implementation of Armenia's commitments to human rights in several international agreements. Within the framework of a broader project on promoting human rights in patient care, research was carried out to examine Armenia’s health care legislation with the aim of identifying gaps in comparison with international and regional standards. This research was designed using the 14 rights enshrined in the European Charter on Patient Rights as guiding principles, along with domestic legal acts relevant to the rights of health care providers. The gaps analysis revealed numerous problems with Armenian legislation governing the relationships between stakeholders in health care service delivery. It also identified several practical inconsistencies with the international legal instruments ratified by the Armenian government. These legislative shortcomings are illustrated by highlighting key health-related rights violations experienced by patients and their health care providers, and by indicating opportunities for improved rights protections. A full list of human rights relevant to patient care and recommendations for promoting them in the Armenian context is provided in Tables 1 and 2. A number of initiatives must be undertaken in order to promote the full spectrum of human rights in patient care in Armenia. This section highlights certain recommendations flowing from the findings of

  10. Legislative technique and human rights: the sad case of assisted suicide.

    Science.gov (United States)

    Tur, Richard H S

    2003-01-01

    Ths article reviews the issues raised by the case of Diane Pretty and argues that contrary to the views of the English Courts and the European Court of Human Rights, section 2 of the Suicide Act 1961 is incompatible with the Convention. Failing legislative reform, the DPP should formulate and publicise criteria for the exercise of its consent to prosecution in cases of assisted suicide.

  11. 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

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

    Science.gov (United States)

    Lynch, Patrick D.

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

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

    Science.gov (United States)

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

    1996-01-01

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

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

    OpenAIRE

    Stephen Meyers; Elizabeth Lockwood

    2014-01-01

    The UNCRPD is unique amongst international rights instruments because it empowers civil society organizations to represent the rights-bearers themselves—persons with disabilities. As such, DPOs in the Global South have become a major concern for UN agencies and international NGOs who believe that grassroots disability associations need political advocacy training in order to take up their role as rights advocates. These expectations contain implicit assumptions regarding civil society-state r...

  15. Open questions with collective rights of the employees in light of current amendments in labour legislation

    Directory of Open Access Journals (Sweden)

    Jovanović Predrag

    2014-01-01

    Full Text Available Current amendments of the 2014 labour legislation did not bring qualitative changes in the sphere of collective rights of the employees, that is, for the reasons of trade union freedom and rights, collective bargaining and participation of the employees in decision-making. There were grounds for this based on international labour conventions, both the ones that have been ratified and the ones that haven't been ratified but which offer right ways for the change in the sphere of the said rights. This especially goes for the sphere of collective bargaining, which today remains with many questions open which result in the fact that such bargaining is in terrible crisis, i.e, collective employment contracts are more and more being left out of the legal system, as the most important autonomous acts of regulation of labour relations. This paper offers possisble solutions also for overcoming the said crises.

  16. Human rights of persons with mental illness in Indonesia: more than legislation is needed

    Science.gov (United States)

    Irmansyah, I; Prasetyo, YA; Minas, H

    2009-01-01

    Background Although attention to human rights in Indonesia has been improving over the past decade, the human rights situation of persons with mental disorders is still far from satisfactory. The purpose of this paper is to examine the legal framework for protection of human rights of persons with mental disorder and the extent to which Indonesia's international obligations concerning the right to health are being met. Methods We examined the Indonesian constitution, Indonesian laws relevant to the right to health, the structure and operation of the National Human Rights Commission, and what is known about violations of the human rights of persons with mental illness from research and the media. Results The focus of the Indonesian Constitution on rights pre-dated the Universal Declaration, Indonesia has ratified relevant international covenants and domestic law provides an adequate legal framework for human rights protections. However, human rights abuses persist, are widespread, and go essentially unremarked and unchallenged. The National Human Rights Commission has only recently become engaged in the issue of protection of the rights of persons with mental illness. Conclusion More than legislation is needed to protect the human rights of persons with mental illness. Improving the human rights situation for persons with mental illness in Indonesia will require action by governments at national, provincial and district levels, substantial increases in the level of investment in mental health services, coordinated action by mental health professionals and consumer and carer organisations, and a central role for the National Human Rights Commission in protecting the rights of persons with mental illness. PMID:19545362

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

    National Research Council Canada - National Science Library

    Tart, Randal

    1997-01-01

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

  18. Selim v Lele and the civil (industrial) conscription prohibition: constitutional protection against federal legislation controlling or privatising Australian public hospitals.

    Science.gov (United States)

    Faunce, Thomas

    2008-08-01

    Selim v Lele (2008) 167 FCR 61; [2008] FCAFC 13 was a decision of the Federal Court which interpreted s 51(xxiiiA) of the Australian Constitution. This section accords the federal government, among other things, power to make laws with respect to the provision of "medical and dental services (but not so as to authorise any form of civil conscription)". The Federal Court decided that the phrase "civil conscription" was analogous to "industrial conscription". In that sense the Federal Court held that the prohibition was designed to preserve the employment autonomy of Australian medical practitioners or dentists, preventing federal laws that required them, either expressly or by practical compulsion, to work for the federal government or any industrial employer nominated or permitted by the federal government. The specific question in Selim v Lele was whether the imposition of standards and prohibition of "inappropriate practice" under the Health Insurance Act 1973 (Cth), ss 10, 20, 20A and Pt VAA, amounted to civil conscription. The court held they did not. The Federal Court also discussed in that context the sufficiency of "practical compulsion" in relation to the s 51(xxxiiiA) prohibition, The constitutional prohibition on "any form" of civil conscription provides one of the few rights protections in the Australian Constitution and may have an important role to play in shaping the limits of health care system privatisation in Australia.

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

    Directory of Open Access Journals (Sweden)

    Ana-Maria Lupulescu

    2012-11-01

    Full Text Available The new Civil Code introduces several important changes and clarifications regarding the ownership right in general, and the private ownership right, in particular, so that it becomes necessary, for both the analyst in law and the practitioner, to make a comparison between the old regulation contained in the Civil Code of 1864 and the current regulation provided by the new Civil Code. At least in theory, the new legal framework in this area shows greater consistency and legal precision, although it is not entirely safe from any criticism.

  20. A Survey of Student Attitudes toward and Knowledge of Civil Liberties and Human Rights Law.

    Science.gov (United States)

    Kehoe, John; Echols, Jr., Frank

    1980-01-01

    This study reveals that Canadian secondary school students' knowledge of civil liberties and human rights laws is inadequate and that their attitudes are negative and inconsistent. Items on the survey include freedom of speech, assembly, and religion; right to counsel; access to a public facility; right of employment; and rental accommodation.…

  1. Environment Work as Fundamental Right and Civil Liability of Employer

    OpenAIRE

    Adélia Procópio Camilo

    2015-01-01

    Just as every citizen has the right to a balanced environment, essential to their quality of life, every worker is entitled to the protection rules to a safe and healthy work environment. The objective of this article is to demonstrate that the working environment is part of the environmental  protection  system  of  the  Constitution  must  be  considered  in  its  true perspective, as a fundamental right. Under this analysis, it should carry this protection, taking responsibility for one wh...

  2. Human rights "naming & shaming" and civil war violence

    NARCIS (Netherlands)

    Ruggeri, A.; Burgoon, B.

    2012-01-01

    The aim of this PEPS Letter is to clarify the effects of human rights "Naming and Shaming" by international actors, such as IOs, NGOs and the international media, on the intensity of violence in domestic conflict. The note carries out, evaluates and proposes empirical strategies to study such

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

    Science.gov (United States)

    deShazo, Richard D; Parker, Sara B

    2017-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Camelia STOICA

    2013-06-01

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

  5. Environment Work as Fundamental Right and Civil Liability of Employer

    Directory of Open Access Journals (Sweden)

    Adélia Procópio Camilo

    2015-12-01

    Full Text Available Just as every citizen has the right to a balanced environment, essential to their quality of life, every worker is entitled to the protection rules to a safe and healthy work environment. The objective of this article is to demonstrate that the working environment is part of the environmental  protection  system  of  the  Constitution  must  be  considered  in  its  true perspective, as a fundamental right. Under this analysis, it should carry this protection, taking responsibility for one who infringe. Thus, the risks of the project belong to the employer, and if it violates the middle of the work environment and exposes the risk your employee, should be held responsible, since the danger was created by the activity - even if it is not, at first, considered  harmful.  For  the  development  of  the  issue  will  be  used  observational- monographic method, from which works to query multiple reputable authors. There will be a comparison  between  the  various  schools  of  thought  as  well  as  the  jurisprudential understanding of.

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

    Directory of Open Access Journals (Sweden)

    Stephen Meyers

    2014-12-01

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

  7. Are evolving human rights harmless? An examination of English legislation, prostitution and its effect on human relatedness.

    Science.gov (United States)

    Westin, Anna

    2014-01-01

    This paper addresses key philosophical and social questions that shape the contemporary discourse on prostitution. The initial section outlines the contemporary challenges facing legislative practice on prostitution in England. This involves analysing moral and legal framework surrounding prostitution that has made the current legislative dilemma surrounding prostitution practice possible. The second part of the paper then outlines the history of the philosophy of human rights from Aquinas to the Universal Declaration of Human Rights (1948). The paper concludes by analysing whether the current ontology employed by human rights theory is effective in creating a system of just relatedness between agents, made visible in concrete legislative guidance. I argue that legislation guided by a fragmented teleology and ontological anthropology enables asymmetrical patterns of relatedness that can cause genuine physical and psychological harm to individuals.

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

    Science.gov (United States)

    Schmidt, Sandra J.

    2014-01-01

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

  9. Framing and Claiming Reproductive Rights: A Case Study of Civil Society Actors in Tanzania

    NARCIS (Netherlands)

    R. Davidson (Rebecca)

    2010-01-01

    textabstractThis article focuses on the issue of maternal mortality in Tanzania from a human rights perspective. It deals with the findings of a study conducted in 2008, which examined the role of civil society actors in framing and claiming rights. During the research process, qualitative

  10. Cracks in reproductive health rights: Buffalo City learners’ knowledge of abortion legislation

    Directory of Open Access Journals (Sweden)

    Catriona Macleod

    2014-06-01

    Full Text Available Background: The Choice on Termination of Pregnancy(CTOP Actlegalised abortion on request in South Africa until up to 12 weeks of gestation and thereafter under specified conditions. Within the context of liberal legislation, accurate information is a necessary (although not sufficient requirement for women to exercise their reproductive rights. Objectives: This research investigated Grade 11 learners’ knowledge of the CTOP Act and its stipulations. Methods: Survey research was conducted with respondents drawn from a range of schools in Buffalo City, South Africa. Multi-stage sampling was used, namely stratified random sampling of schools and purposive sampling of grades used within schools. The data were collected by means of self-administered questionnaires in group situations. Results: Results indicate that knowledge of the legal status of abortion, as well as of the various stipulations of the law, was poor. Various misunderstandings were evident, including that spousal approval is required in order for married women to have an abortion. Significant differences between the knowledge of respondents at the various schools were found, with those learners attending schools formerly designated for African learners during Apartheid having the least knowledge. Conclusion: Given the multiple factors that may serve as barriers to women accessing abortion, it is imperative that at least the most fundamental aspect of reproductive rights, that is, the right to information, is not undermined.

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

    Directory of Open Access Journals (Sweden)

    Rakočević Milka V.

    2017-01-01

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

  12. A General Legislative Analysis of "Torture" as a Human Rights Violation in Zimbabwe

    Directory of Open Access Journals (Sweden)

    Howard Chitimira

    2017-06-01

    Full Text Available Several challenges involving torture-related human rights violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation war era in Zimbabwe. Regrettably, such violations are allegedly still prevalent, especially prior to and/or during general political elections in Zimbabwe. Accordingly, this article investigates torture as a human rights violation in Zimbabwe, inter alia by focusing on the role of selected law enforcement agencies in the protection of human rights in Zimbabwe. The article also discusses the legal position on torture and the perpetration of torture against ordinary people prior to as well as after independence in Zimbabwe. This is done to investigate the adequacy of the legal framework in Zimbabwe with regard to the combatting of torture. In relation to this, selected regional and international legal frameworks against torture are briefly discussed in order to determine possible measures that could be utilised in Zimbabwe. The authors submit that although the Constitution of Zimbabwe Amendment (No 20 Act, 2013 (Zimbabwe Constitution, 2013 prohibits torture, more may still need to be done to enhance the combatting of torture in Zimbabwe. For instance, apart from the prohibition contained in the Zimbabwe Constitution, 2013, there is no legislation that expressly outlaws torture in Zimbabwe. Moreover, Zimbabwe has not ratified the United Nations (UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 (UN Convention against Torture to date. Lastly, concluding remarks and possible recommendations that could be employed to discourage torture-related human rights abuses in Zimbabwe are provided.

  13. The Legislative Process as a Safeguard of the Public Servant´S Right to Go on Strike

    Directory of Open Access Journals (Sweden)

    Edilene Lôbo

    2016-10-01

    Full Text Available The right to go on strike can only be realized after a specific national bill – such law has been denied for decades. Acknowledged the omission it should be remedied. The Supreme Court, nonetheless, declared the legislative gap but created, by analogy, rules and procedural issues, bestowing upon the remaining courts discretion to establish a stricter regime and erga omnes effect replacing the legislator. This work criticizes the right´s regulation through judicial rulings removed from the legislative process. The methodology utilized, supported by Estate´s  functions  separation  and  democratic  process  theories,  consisted  in  exam  of legislation, court rulings AND specialized literature.

  14. Racial and ethnic health disparities and the unfinished civil rights agenda.

    Science.gov (United States)

    Smith, David Barton

    2005-01-01

    Civil rights-era efforts to end disparities in health care in federally financed health programs faced three successively more difficult challenges: (1) ending Jim Crow practices, (2) eliminating more subtle forms of segregation, and (3) assuring nondiscriminatory treatment in integrated settings. Federal efforts peaked with the implementation of the Medicare program. Visible symbols of Jim Crow disappeared, and most crude disparities in access were eliminated. The unfinished parts of the civil rights-era agenda, the persistence of more subtle forms of segregation, and the failure to assure nondiscriminatory treatment pose major challenges to current efforts to eliminate health care disparities.

  15. Support for gay and lesbian civil rights: development and examination of a new scale.

    Science.gov (United States)

    Brown, Michael J; Henriquez, Ernesto

    2011-01-01

    This research outlines the development of a psychometrically sound, uni-dimensional scale to assess support for gay and lesbian civil rights. Initial scale development involved examining item-pool responses from 224 undergraduate students. The resulting Support for Gay and Lesbian Civil Rights (SGLCR) scale consisted of 20 items. In a series of studies, the SGLCR demonstrated a stable factor structure, strong internal consistency, test-retest reliability, and construct validity. The relationships between SGLCR scores and participants' sex, religiosity, political ideology, gender role beliefs, and attitudes toward lesbians and gays were significant and in the predicted directions.

  16. General practitioners’ level of knowledge about their rights and criminal liabilities according to legislation in Turkey

    Directory of Open Access Journals (Sweden)

    Baki Derhem

    2017-12-01

    Full Text Available Background . To know legal regulations and to comply with them while providing health care is indispensable for physicians to work in a proper way. Ignorance of the criminal laws may not be an excuse according to Turkish Criminal Code. There is an obligation for physicians to know the law, as well as all citizens. Physicians should possess the scope of competences regarding medicolegal regulations at least. Objectives . The aim of this study is to investigate the knowledge and behaviors of GPs regarding their rights, criminal liabilities and common rules of law that are regulated by legislation. We also aimed to determine how the answers were influenced by sociodemographic factors, educational status of participants and if the participants received any punishment. Material and methods . A total number of 381 physicians working at primary health care services located in Ankara were interviewed face-to-face. We used a 38-item questionnaire that was developed according to current legislation. The collected data was analyzed using SPSS software (Version 11.5. The chi-square test was used in order to compare knowledge-based questions with sociodemographic factors. The Mann-Whitney U test was used for assessing whether the number of correct answers differs with socio-demographic factors or not. A p-value of 0.05 was considered statistically significant. Results . 21.8 percent of the participants were FM specialists, and 78.2% of them were GPs. The mean age of physicians was 46.9 ± 7.6. The median score for correct responses in 18 knowledge-based questions was 8 (min–max: 3–14. In comparison with the working experience with correct answers, there was a statistically significant difference between 1–5 years of experience and 11–15 years and ≥ 16 years (p < 0.001. There was a significant difference in correct answers between the two groups, which were separated according to whether or not they received punishment as a result of a legal

  17. Article 6 ECHR, Civil Rights and the Enduring Role of the Common Law

    OpenAIRE

    Anthony, Gordon

    2013-01-01

    This article examines the role that the common law has played in Human Rights Act 1998 case law on the protection of 'civil rights' within the meaning of Article 6 ECHR. Focusing on Article 6 ECHR's 'disclosure' and 'full jurisdiction' requirements, it highlights an increasingly nuanced relationship between the ECHR and common law in cases under and outside the Human Rights Act 1998. Although the general pattern within the case law has been one of domestic court fidelity to the ECHR - somethi...

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

    Directory of Open Access Journals (Sweden)

    Brianne McGonigle Leyh

    2017-04-01

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

  19. 75 FR 9432 - Civil Rights Division, Disability Rights Section; Agency Information Collection Activities Under...

    Science.gov (United States)

    2010-03-02

    ... Rights Division, Disability Rights Section; Agency Information Collection Activities Under Review ACTION..., Disability Rights Section, will be submitting the following information collection request to the Office of..., Disability Rights Section--NYA, 950 Pennsylvania Avenue, NW., Washington, DC 20530. The information...

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

    Science.gov (United States)

    Kim, Joon K.

    2014-01-01

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

  1. Remarks of William Bradford Reynolds, Assistant Attorney General, Civil Rights Division, before the Southern Education Foundation.

    Science.gov (United States)

    Reynolds, William Bradford

    Issues pertaining to desegregation of public higher education are discussed by the Assistant Attorney General for Civil Rights of the U.S. Department of Justice. Reynolds states that forced busing is probably not the best means of desegregating a public school system and that he is unpersuaded that society is reaching the ideal of colorblindness…

  2. Civil Rights Enforcement in the Reagan Administration: The First Year in Review.

    Science.gov (United States)

    Reynolds, William Bradford

    In remarks before the Delaware Bar Association, United States Assistant Attorney General William Bradford Reynolds discusses the Reagan Administration's policies on civil rights. He first reviews past court decisions, which first continued to support racial discrimination and then sought to abolish it, and summarizes the eventual development of a…

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

    Science.gov (United States)

    McCormick, Willow

    2013-01-01

    This article describes second graders in a predominantly white suburban school who were assigned to ask their grandparents to write about their experiences during the Civil Rights Movement. The letters bring surprising wisdom--and some thought-provoking issues--to the classroom. The author found that the power of the primary source documents…

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

    Science.gov (United States)

    Frankenberg, Erica; Siegel-Hawley, Genevieve

    2011-01-01

    The charter school movement has been a major political success, but a civil rights failure. As the country moves steadily toward greater segregation and inequality of education for students of color in schools with lower achievement and graduation rates, the rapid growth of charter schools has expanded a sector that is even more segregated than…

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

    NARCIS (Netherlands)

    Mc Gonigle, B.N.

    2017-01-01

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

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

    Science.gov (United States)

    Sorenson, Gail Paulus

    1993-01-01

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

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

    Science.gov (United States)

    Beckham, Joseph

    1995-01-01

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

  8. 77 FR 66465 - Office of Civil Rights; Submission for OMB Review; Nondiscrimination in Federal Financial...

    Science.gov (United States)

    2012-11-05

    ... INFORMATION: A. Purpose The General Services Administration (GSA) has mission responsibilities related to... GENERAL SERVICES ADMINISTRATION [Docket 2012-0001; Sequence 12: OMB Control No. 3090-0228] Office of Civil Rights; Submission for OMB Review; Nondiscrimination in Federal Financial Assistance...

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

    Science.gov (United States)

    Slate, Nico

    2011-01-01

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

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

    Science.gov (United States)

    Canfield-Davis, Kathy; Gardiner, Mary E.

    2017-01-01

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

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

    Science.gov (United States)

    Buchanan, Lisa Brown

    2015-01-01

    This article describes how elementary preservice teachers used four documentary films to think historically about the United States Civil Rights Movement. The author situates the descriptive case study within research about historical thinking and documentary film, identifying the need for using documentary film to think historically in the…

  12. On Values, Determinants of Spending, and Civil Rights: Response to Commentaries on Braddock et al.

    Science.gov (United States)

    Braddock, David

    1987-01-01

    In response to comments on his nationwide study of public mental retardation/developmental disabilities spending in the states, the author considers classification of funds (income maintenance, large private facilities and prisons, nursing homes, and education/vocational rehabilitation), values, determinants, civil rights, and reform. (DB)

  13. Civil Rights and the Changing Admissions Policy at a Mid-Western University: The Impact of Two Cases

    Science.gov (United States)

    Bayar, Adem; Kerns, James H.

    2013-01-01

    Due to the value of personal rights and freedoms, along with the associated questions and continuing problems, the issue of "civil rights" continues to be relevant in the twenty-first century. In the United States, the civil rights of disenfranchised people are adversely affected by various social, regional, and federal policies.…

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

    Science.gov (United States)

    London, Leslie; Schneider, Helen

    2012-01-01

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

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

    Science.gov (United States)

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

    2014-06-01

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

  16. 28 CFR 50.3 - Guidelines for the enforcement of title VI, Civil Rights Act of 1964.

    Science.gov (United States)

    2010-07-01

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

  17. Sharing the Prize: The Economics of the Civil Rights Revolution in the American South [Book Review

    OpenAIRE

    Kousser, J. Morgan

    2014-01-01

    Stanford University economic historian Gavin Wright's clear, accessible, and deeply researched book argues persuasively, first, that it was civil rights laws and federal court decisions from Brown v. Board of Education (1954) on that substantially enhanced the economic well-being of southern blacks after 1960. These improvements in black status, he demonstrates with both statistical evidence and qualitative case studies, would not have come about through the operation of mar...

  18. Recourse right

    International Nuclear Information System (INIS)

    Lopes, M.R.M.

    1979-01-01

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

  19. A general legislative analysis of "torture" as a human rights violation ...

    African Journals Online (AJOL)

    For instance, apart from the prohibition contained in the Zimbabwe Constitution, 2013, there is no legislation that expressly outlaws torture in Zimbabwe. Moreover, Zimbabwe has not ratified the United Nations (UN) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 (UN ...

  20. National and International Disability Rights Legislation: A Qualitative Account of Its Enactment in Australia

    Science.gov (United States)

    Whitburn, Ben

    2015-01-01

    In this paper, a detailed analysis based on the lived experiences of the study participants and the researcher (each with vision impairment) in education, post school and in the pursuit for employment is developed. The policy discourses of disability legislation--both at national and international levels--are explored with particular reference to…

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

    Directory of Open Access Journals (Sweden)

    Janku Martin

    2015-12-01

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

  2. Criminal policy of the Colombian State and the rights of persons deprived of liberty: Legislative Analysis and Constitutional Court jurisprudence

    Directory of Open Access Journals (Sweden)

    Omar Huertas Díaz

    2013-12-01

    Full Text Available With the entry into force of the 1991 Constitution, Colombia entered the era of fundamental rights as they catalog the Superior text is large and that the Constitutional Court has given scope beyond the simple meaning of the sentences that make each of these fundamental rights. In turn, it started the legislation has couple that were in effect prior to the new Charter and new rules are enacted. In this legislative development, the Colombian State has issued numerous rules that allow the restriction of personal freedom of the people living in the Colombian territory, whether of a temporary (security measures or has permanent level (custodial sentences. In that future legislation, the crisis within jails and prisons in the country worsened, today introduced massive violations of fundamental rights of persons deprived of liberty by court order. Overcrowding, lack of information necessary to meet the basic needs of prisoners, the absence of a criminal policy consonant with the reality of these detention centers are just some of the issues that shape the aforementioned rights violations. With the research carried seeks to make recommendations to the criminal policies in jail and prison, to enable the State to overcome this crisis.

  3. The Role of Right- Cerebral and Left- Cerebral in Persistence and Creation of Cultures and Civilization

    Directory of Open Access Journals (Sweden)

    Ali Nourimotlagh

    2010-06-01

    Full Text Available Despite the fact that, some live creatures have more civilizational and cultural complex structure comparing to human beings, but humans are inclined toward mixed perfection of right -cerebral, left-cerebral ( with strength and weakness in different societies, and their balanced growth and development. Therefore, human beings from the first step of creation have used their genetic power in any environment and society. The growth of that compilation depends on cultural feature and formed by culture according to right cerebral. The growth of compilation ends on established civilization and is created as a result of being left cerebral. In this sense, we can study, calculate, predict and plan the cultural and civilizational processes of different societies depended on right or left cerebrality. The question of this article is that, what kind of relationship is there between the right- cerebral left cerebral, civilization and culture?This paper is descriptive and data collection is based on library and documentary method with the index card and chart instrument.

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

    Directory of Open Access Journals (Sweden)

    Petrović Nikola M.

    2013-01-01

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

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

    Science.gov (United States)

    Levesque, Roger J R

    2014-01-01

    The civil rights movement fostered dramatic shifts in legal responses to discrimination based on race, gender, and a host of other group characteristics. The legal system now evinces yet another dramatic shift, as it moves from considering difference to focusing on neutrality, from efforts that seek to counter subjugation to those that adopt a "color-blind" approach. The shifting approach already has reached laws regulating responses to the group that spurred massive civil rights reform: minority youth. The shift requires a different body of empirical evidence to address it and a new look at equality jurisprudence. This article notes the need to turn to the current understanding of prejudice and discrimination for guidance, and uses, as illustration, developmental science to shed light on the development, manifestation, and alleviation of invidious discrimination. Using that understanding, the analysis details how the legal system can benefit from that research and better address discrimination in light of dramatic changes in law. The article articulates the need to address discrimination by recognizing and enlisting the law's inculcative powers through multiple sites of inculcation, ranging from families, schools, health and justice systems to religious and community groups. The discussion concludes with brief suggestions for reform benefiting from understandings of prejudice and its expression. (c) 2014 APA, all rights reserved.

  6. The Development of Russian Legislation Relating to the Protection of the Rights of Separated Parents and Their Children

    Directory of Open Access Journals (Sweden)

    Tatiana Krasnova

    2017-01-01

    Full Text Available The following article deals with the challenges created by legal regulations concerning divorced or separated couples and focuses on the rights of separated parents with children. The article analyzes the problems associated with law enforcement practices in this area, the gaps in existing family law, as well as the disputed aspects of theory concerning parents’ legal relations. Suggestions for legislative developments in Russia concerning the protection of family rights within separated families are given. The authors of this paper argue for a rethink of existing approaches to legal regulations in this field of law due to the fact that existing family legislation does not take into consideration many of the challenges and realities of modern parenthood. Furthermore, current legal regulations in Russia do not fully correspond to international legal norms. The authors contend that this will lead to the curtailment of the legal rights of the separated parents. Such status is characterized, on the one hand, by unreasonable restrictions on parental rights. On the other hand, it permits only a limited degree of responsibility for a child’s upbringing and financial support on the part of a parent living separately from their child. The authors propose that, in this respect, it is necessary to rethink disputed legal decisions relating to family law and the implementation of family law in practice. By analyzing such implementation, the authors single out a number of interrelated factors that must be overcome in order to effectively protect separated parents’ relationships with their children. The aim of the article is to initiate a new approach to parental legal relations after divorce or separation and to propose new legislative regulations concerning the legal status of a parent who lives separately from their child. New developments in family law are proposed in order to ensure a balance between parental responsibilities and rights as well as

  7. [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.

  8. O Marco Civil da Internet e a Ciência da Informação: uma discussão sobre os softwares livres AtoM e Archivematica | The Internet Civil Rights Framework and Information Science: a discussion of AtoM and Archivematica software

    Directory of Open Access Journals (Sweden)

    Maria José Vicentini Jorente

    2016-05-01

    ABSTRACT The Brazilian Civil Rights Framework for the Internet is the first legislation in the world to regulate the Internet broadly and non-restrictively; and it respects the principles of complex, sustainable, open Internet. The research problem of this article is: how is Information Science (IS contemplated in the legal recommendations? This study presents a theoretical framework on what the Civil Rights Framework advocates, relating it to IS, and then presents two examples of open software that can contribute to its operationalization. The study concludes that IS cannot be excluded from the discussions on the Framework and suggests, for further studies, investigations that reflect on the design of digital environments in which information is deposited and its relation to the Brazilian Civil Rights Framework for the Internet. Keywords: Information and Technology; Web 2.0; AtoM;Archivematica; Information Design.

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

    Science.gov (United States)

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

    2018-04-01

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

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

    Science.gov (United States)

    Mauksch, Larry B; Fogarty, Colleen T

    2017-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Glenn T. Eskew

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Speriusi-Vlad Alin

    2014-07-01

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

  13. India's plant variety and farmers' rights legislation: potential impact on stakeholder access to genetic resources

    OpenAIRE

    Ramanna, Anitha

    2003-01-01

    The demand for extending intellectual property protection to agriculture in developing countries has met with counterclaims for granting farmers' rights. Developing countries are currently attempting to fulfill these demands by evolving new IPR regimes that simultaneously protect the rights of breeders and farmers. What are the possible implications of establishing such a system of multiple rights on the utilization and exchange of genetic resources among various actors? Could the attempt to ...

  14. Rightful Discharge: Making "Termination" Mean It Is Really Over: Part 1-Issues and Legislation.

    Science.gov (United States)

    Mitchell, Michael S; Koen, Clifford M; Carmichael, Amanda J

    One of the most difficult undertakings for any employer is carrying out a decision to terminate an employee. Of all the employment-related actions taken by employers, the act of termination creates the greatest risk of legal liability. Many claims of employment discrimination filed with the Equal Employment Opportunity Commission arise from the act of termination. In many federal courts, employment-related lawsuits account for more than 50% of all court filings; these lawsuits cover a wide range of subjects, such as failure to hire, defamation, breach of contract, and harassment, to name a few. However, most employees sue because they have lost their job or fear they will lose their job. Because these individuals have virtually nothing to lose, they often see filing a claim with the Equal Employment Opportunity Commission or filing a lawsuit as the only viable option-often suing for wrongful discharge. With a thoughtful review of the issues and the legislation addressed in this article, health care managers can reduce the unnecessary risk of expensive, time-consuming litigation.

  15. The Right to Freedom of Expression and its Regulation in National and International Legislation

    Directory of Open Access Journals (Sweden)

    Varvara Licuţa COMAN

    2009-10-01

    Full Text Available In international commercial disputes the extension of jurisdiction concerns the situation where a court extended its jurisdiction to the detriment of another abroad. Such an extension would not work but with an absolute breach of jurisdiction of other states. However, one cannot ignore the fact that article 25 of Regulation (EC no. 44/2001 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters refers to mandatory reporting lack of competence whenever the court finds that a claim is another instance of a Member State of the Union shall have exclusive jurisdiction, text that indicate that incidental or accessory applications remain in the national court seized of the original proceedings. Although in theory it was argued that the lis pendens - related actions has no effect on international trade dispute, we can note that in relation to European Union member states lis pendens creates a special case of mandatory suspension of the case, while related actions a special case of voluntary suspension.

  16. [Development of recommendations for legislation's harmonization of Eurasec member states in the field of children's healthcare rights in educational institutions of various types].

    Science.gov (United States)

    Yakubova, I Sh; Yeremin, G B; Suvorova, A V; Blinova, L T

    2014-01-01

    In the paper there are presented the main results of the performed study on comparative legal analysis of national legislative acts in the field of providing of children's rights for health care in institutions of various types for the delivery of recommendations for harmonization of legislation of States--members of the Eurasian Economic Community.

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

    Directory of Open Access Journals (Sweden)

    Ramelia Williams

    2016-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Victor H. Sundquist

    2013-01-01

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

  19. European legislation impedes critical care research and fails to protect patients' rights

    DEFF Research Database (Denmark)

    Berg, Ronan M G; Møller, Kirsten; Rossel, Peter Johannes Hancke

    2011-01-01

    The European Clinical Trials Directive requires an informed consent from the patient or a proxy in drug trials. Although informed consent is a valuable tool to protect patients' rights in clinical trials, this requirement largely impedes research in critical care settings, and if pursued in this ......The European Clinical Trials Directive requires an informed consent from the patient or a proxy in drug trials. Although informed consent is a valuable tool to protect patients' rights in clinical trials, this requirement largely impedes research in critical care settings, and if pursued...

  20. The legislation of the seniors citizens: the carried out and the invalids rights

    Directory of Open Access Journals (Sweden)

    Elcha Britto de Oliveira Gomes

    2013-10-01

    Full Text Available Considering the population aging, a series of Laws and policies have been erected to attend the demands of the senior citizens mean while the old person started to be considered as a special group of human rights. The present work analyzed if the human rights of the old person and the specific policies predicted in Law have been doing, or not in a city with more than two hundred thousand habitants, in the Middle West of Brazil. In the present research it was used the hermeneutic-dialectic methodology.

  1. "Right to Try" Legislation Moving Through Congress: But Drug Companies and Some Patient Groups Want Changes.

    Science.gov (United States)

    Barlas, Stephen

    2017-12-01

    State "Right to Try" laws, which allow terminally ill patients to seek investigational treatments under certain circumstances, have created pressure for Congress to follow up with a federal law. Though facing opposition from patient advocates and the drug industry, a bill passed by the Senate is now making its way to the House.

  2. 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...

  3. The system of direct provision & Ireland's obligations under the UN International Covenant on Civil & Political Rights (ICCPR)

    OpenAIRE

    Thornton, Liam

    2014-01-01

    The system of direct provision for asylum seekers will be 14 years in operation on 10 April 2014. I contend that the system of direct provision violates a number of rights specifically protected under the International Covenant on Civil and Political Rights (ICCPR): in particular, the prohibition of inhuman and degrading treatment, protection of the right to private and family life, and the right to equal treatment under law.

  4. Legitimacy in the Regulation of the Right to Life: Tensions Between the Legislative and the Judiciary in the Implementation of the Constitution

    Directory of Open Access Journals (Sweden)

    Federico Losurdo Losurdo

    2016-12-01

    Full Text Available The trial of ADPF 54 by the Supreme Court had the effect of regulating the beginning of the constitutional protection of life, silenced in the Federal Constitution of 1988 and in the ordinary legislation. However, the presentation of a legislative proposal for criminalizing the termination of pregnancy, due to the diagnosis of fetal anencephaly, provokes rising tensions about the limits of the judicial and legislative powers in the implementation of fundamental rights. In this study, these tensions will be analyzed in the light of comparative law, in order to understand how the regulation of the right to life is disciplined in other democratic States.

  5. THE PRINCIPLE OF NON-RETROACTIVITY OF CIVIL LAW - DEVIATIONS IDENTIFIED IN THE MATTER OF TAX LEGISLATION

    Directory of Open Access Journals (Sweden)

    Cristina-Simona Căpăţînă (Dumitrache

    2016-11-01

    Full Text Available This article aims to examine the effects of the principle of non-retroactivity of law. While the first section deals with the principle of non-retroactivity of the law in terms of Romanian civil law, the next section presents cases of compliance, but also several cases of violation/breach of the principle enunciated, identified in the tax matter. By researching the date when legal acts or deeds are concluded or, as the case may be, committed or produced, in relation to the effects of the new law over them, we are submitting to a non-retroactivity test some texts from tax laws governing the obligation of the taxpayers to pay tax on profit when no longer meet the conditions to be micro -enterprises, obligation of the individuals without revenue to pay social health insurance contributions, the obligations of the persons carrying out transactions with related parties to draw up transfer pricing file. The effect of the facta pendentia situation is presented and analyzed on a specific case of transfer pricing, which may be misinterpreted as a breach of the principle of non-retroactivity of the law. Precisely for this reason the conclusions present utility both for law theorists and practitioners.

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

    Science.gov (United States)

    Israelsson, Magnus; Nordlöf, Kerstin; Gerdner, Arne

    2015-08-28

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

  7. The Fragmented Evolution of Racial Integration since the Civil Rights Movement

    Directory of Open Access Journals (Sweden)

    Michael D.M. Bader

    2016-03-01

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

  8. 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.

  9. A review of the legislative mechanisms available to protect the social participation rights of people with depression in the Asia Pacific region.

    Science.gov (United States)

    Ricci, Cristina; Lee, Ming-Been; Chiu, Chen-huan

    2004-01-01

    To conduct a review of the legislative mechanisms potentially available to protect the social participation rights of people with depression in the Asia Pacific region. Questions were sent to the SEBoD International Advisory Board and Internet and legal database searches were conducted to supplement responses from advisors. While it cannot be said that comprehensive antidiscrimination legislation in relation to disability exists in all countries in the Asia Pacific region, most countries have commenced the process. Many have implemented either human rights or antidiscrimination legislation and most have set up a Human Rights Commission to protect social participation rights and allow complaints to be lodged. This review highlighted the difference between legislation and practice. While many countries have enacted laws, insufficient resources have been committed to support the objectives to realise the protection of rights enshrined in legislation. Additionally, many people may not know that the laws exist or do not have the money or social supports to fight for their rights. Many countries, however, have commenced a concerted approach to tackling the larger issues and have developed comprehensive action plans to address the social participation rights of people with disability.

  10. Tool to Assess the Implementation of Access to Information Legislation

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

    Significant progress has been made globally over the past decade to establish access to information as a fundamental human right, to promote legislative standards, and to engage civil society to support this right. More than 90 countries worldwide claim a statutory right to information as a means toward better governance ...

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

    Directory of Open Access Journals (Sweden)

    N. V. Marchenko

    2014-04-01

    Full Text Available Purpose. Statistical analysis of inventive activity in Ukraine shows that the largest number of applications is submitted by employees of universities and research institutions – almost 60% of all inventions. Practice of inventions execution proves that for researchers, especially for students, the most difficult part of the application and author documents is the claim. The purpose of research is a synthesis and supplying the general principles of quality drafting the patent claim, providing further legal protection of the patent. Methodology. Monitoring and analysis of the world documentary informational flow through the civil protection mechanism of the assignee rights on the basis of the patent claim allows us to compare the world systems of formulas development and summarize some key moments concerning the point in question. The example analysis of the correct patent claim drafting and its interpretation in court cases on intellectual property was made. Findings. The specific properties of the patent claim were described. They are conciseness, latitude, completeness and certainty, compliance with unity requirements and novelty of the invention. On the basis of the research it is established that there is a great difference between Ukrainian and American patent claims. A number of common mistakes and shortcomings during the claim drafting were identified. The need to restore the various forms of the invention training in universities of Ukraine was emphasized, since on this basis one should train a number of specialists who are able to carry out the commercialization of intellectual property results into productive findings. Originality. A number of issues and techniques was investigated and summarized. They can be applied by the courts in interpreting of the patent claim in the processing of intellectual property cases. Especially it concerns determining the correct drafting of the patent claim. Practical value. This work may be used

  12. "Just Talking about Life": Using Oral Histories of the Civil Rights Movement to Encourage Classroom Dialogue on Race

    Science.gov (United States)

    Johnson, Melencia M.; Mason, Philip B.

    2017-01-01

    Students in mixed race classrooms often find it difficult to discuss race. Using an assignment where students must have a conversation with someone who lived during the Civil Rights Movement (CRM) brings an element of oral history into the discussion of race and ethnicity. Students are able to discuss race using a historical lens from the…

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

    Science.gov (United States)

    Oberlander, Susan

    1989-01-01

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

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

    Science.gov (United States)

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

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

  15. Accessibility to the Public Facilities: A Mean to Achieve Civil Rights of the People with Disabilities in Iran

    Directory of Open Access Journals (Sweden)

    Roya Ghasemzadeh

    2008-09-01

    Full Text Available Objectives: Civil rights may cover different aspects of citizens’ lives. All the members of the society should have equal access to the public facilities and public transportation system. Barriers and obstacles in society may limit the accessibility of these facilities to the disabled people. Methods: This article contains a part of the results in a phenomenological study of the Disability Rights. The purpose of this phenomenological study was to describe experiences of disability rights among 11 physically disabled that were living in Tehran, Iran. The study involves secondary analysis of in-depth transcribed interview data, using colazzi’s method. Results: A total of 655 descriptive expressions were categorized in to 25 preliminary structural elements (sub themes. 7 essential structural elements (themes emerged from an analysis of the sub themes. One of these themes was right to access which was emerged from an analysis of 6 sub themes. Discussion: Disabled people who participated in the interviews. These sub themes that were obtained from an analysis of descriptive expressions of the participants, are: right to access to housing, right to access to education and information, right to access to job facilities, right to access to medical care and rehabilitation, right to access to rest, leisure and sport and right to access to places and transportation system. The right to access theme, was then categorized in to the civil rights field. In this article we will describe the right to access as it was experienced by those physically.

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

    Directory of Open Access Journals (Sweden)

    Kirichek E.V.

    2014-12-01

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

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

    Science.gov (United States)

    Bolzendahl, Catherine; Coffé, Hilde

    2009-12-01

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

  18. Reducing injustice from recent legislation subsidising insurance and restricting civil liability?: Baker-Morrison v NSW [2009] Aust Torts Reports 81-999; Amaca Pty Ltd v Novek [2009] Aust Torts Reports 82-001.

    Science.gov (United States)

    Faunce, Thomas; Townsend, Ruth; Reardon, Konrad

    2010-05-01

    Shortly after the start of the new millennium, the Howard Federal Government in Australia was faced with a so-called "crisis" in medical indemnity insurance which may, in fact, have been due to corporate mismanagement. After a four-person review by a committee chaired by Justice Ipp (who currently serves as a justice on the New South Wales Court of Appeal), it agreed to subsidise the indemnity costs of Australian doctors but the quid pro quo was tort law reform legislation in Australian States. That raft of legislation significantly reduced the capacity of people (particularly patients) who were injured as a result of negligence to receive compensation. The new legislative scheme has been criticised as unjust in extra-curial speeches by senior judges involved in hearing civil litigation in Australia. A resulting hypothesis is that, in cases involving this legislative framework, judges might attempt to make it more just through interpretations enabling the recovery of reasonable damages by injured persons. In this column two such cases involving the Civil Liability Act 2002 (NSW) are discussed. The cases in question (Baker-Morrison v New South Wales [2009] Aust Torts Reports 81-999; [2009] NSWCA 35 and Amaca Pty Ltd v Novek [2009] Aust Torts Reports 82-001; [2009] NSWCA 50), though not involving negligence by medical practitioners, are presented as possible examples of judges enhancing justice in the application of this legislation. The importance is emphasised of judges in medical and other civil liability cases highlighting the hardships and inequities this legislation is found to create for injured people, as a necessary precursor to abolition of this scheme and its eventual replacement with a presumptively more equitable no-fault scheme for compensation, particularly for medically-induced injury in Australia.

  19. Dress codes and appearance policies: challenges under federal legislation, part 1: title VII of the civil rights act and religion.

    Science.gov (United States)

    Mitchell, Michael S; Koen, Clifford M; Moore, Thomas W

    2013-01-01

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

  20. Theoretical and Practical Issues of the Implementation of International Norms on Human Rights to the National Legislation (the Example of the Republic of Azerbaijan)

    Science.gov (United States)

    Aliyev, Subhan F.

    2016-01-01

    The purpose of the study is to analyze the features of the implementation of international norms on human rights to the national law system of the Republic of Azerbaijan. Using the method of the critical analysis of national legislative framework on human rights, the authors argue that there are some certain problems connected with the application…

  1. Rights, laws and tensions: A comparative analysis of the Convention on the Rights of Persons with Disabilities and the WHO Resource Book on Mental Health, Human Rights and Legislation.

    Science.gov (United States)

    Duffy, Richard M; Kelly, Brendan D

    Good mental health legislation is essential for ensuring high quality mental health care and protecting human rights. Many countries are attempting to bring mental health legislation in line with the UN - Convention on the Rights of Persons with Disability (UN-CRPD). The UN-CRPD requires policy-makers to rethink the 'medical model' of mental illness and existing laws. It also challenges WHO guidelines on drafting mental health law, described in the WHO Resource Book on Mental Health, Human Rights and Legislation (WHO-RB). This study examines the relationship between the UN-CRPD and the WHO-RB. It compares the documents, highlighting similarities and identifying areas of disagreement. The WHO-RB contains a checklist of human rights standards it recommends are met at national level. This study analyses each component on this checklist and identifies the relevant sections in the UN-CRPD that pertain to each. Both the UN-CRPD and WHO-RB address more than just acute exacerbations of illness, providing guidelines on, inter alia, treatment, education, occupation and housing. They are patient-centred and strongly influenced by social rights. The UN-CRPD, however, gives just superficial consideration to the management of acute illness, forensic and risk issues, and does little to identify the role of family and carers. The UN-CRPD has evolved from disability research and strong advocacy organisations. Careful consideration is needed to enable it to address the specific needs encountered in mental illness. Both the UN-CRPD and WHO-RB highlight common tensions that must be resolved by clinicians, and provide some guidance for stakeholders who commonly need to observe one principle at the expense of another. Copyright © 2017 Elsevier Ltd. All rights reserved.

  2. Movement : A Global Civil Society Report on Progress and Impact for Migrants' Rights and Development

    NARCIS (Netherlands)

    McGregor, Elaine

    2016-01-01

    The civil society Migration and Development (MADE) network commissioned this first edition of a "Movement" report as an independent assessment of what progress has been made on achieving each of the eight goals in that 5-year 8-point Plan of Action in the two years since 2013. Based on interviews,

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

    Science.gov (United States)

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

    2018-01-01

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

  4. Civil Liberties versus Civil Rights

    Science.gov (United States)

    Silverglate, Harvey A.

    2002-01-01

    The author has been asked to discuss academic freedom and political correctness in wartime or times of great stress. He talks about real threats to security--not the danger that one will be offended by a student's or professor's arguably sexist, racist, or homophobic point-of-view and will feel dis-empowered, demeaned, or stripped of self-esteem.…

  5. Legislative vulnerability of minority groups.

    Science.gov (United States)

    Paula, Carlos Eduardo Artiaga; Silva, Ana Paula da; Bittar, Cléria Maria Lôbo

    2017-12-01

    Minorities are in an inferior position in society and therefore vulnerable in many aspects. This study analyzes legislative vulnerability and aims to categorize as "weak" or "strong" the protection conferred by law to the following minorities: elderly, disabled, LGBT, Indians, women, children/ adolescents and black people. In order to do so, it was developed a documental research in 30 federal laws in which legal provisions were searched to protect minorities. Next, the articles were organized in the following categories: civil, criminal, administrative, labor and procedural, to be analyzed afterwards. Legal protection was considered "strong" when there were legal provisions that observed the five categories and "weak" when it did not meet this criterion. It was noted that six groups have "strong" legislative protection, which elides the assertion that minorities are outside the law. The exception is the LGBT group, whose legislative protection is weak. In addition, consecrating rights through laws strengthens the institutional channels for minorities to demand their rights. Finally, it was observed that the legislative protection granted tominorities is not homogeneous but rather discriminatory, and there is an interference by the majority group in the rights regulation of vulnerable groups.

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

    Science.gov (United States)

    Hughes, Richard L

    2006-01-01

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

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

    Science.gov (United States)

    Malpass, Susan C.

    1976-01-01

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

  8. [Interactions between criminal justice and other areas of law from the viewpoint of the civil rights judge].

    Science.gov (United States)

    Rumler-Detzel, P

    1998-10-01

    More than in the past, patients are consulting lawyers to check medical treatment for malpractice. One of 10,000 city-inhabitants institutes proceedings for compensations. In the past, a charge was brought at the same time to achieve examination of patients records and to obtain an expert opinion at government expenses. Due to recent jurisdiction, the patient got the right to examine treatment records without the necessity to specify his reasons. Settlement institutions of the society of physicians of Germany facilitate an examination of a treatment procedure for mistakes without costs. Therefore, there is no more incentive for a charge to achieve compensations. The continuation of civil proceedings may not depend on the result of the investigation proceedings due to the different kind of evidence. The special duties of civil courts working with medical liability and expert opinions seem to show that civil proceedings are suited the best to clarify a dispute between physicians and patients. This also avoids to pillories the physician.

  9. Estricted Access to The Internet and the Offense to the Covenant on Civil and Political Rights : An Analysis From Consideration

    Directory of Open Access Journals (Sweden)

    Fernando Navarro Vince

    2016-06-01

    Full Text Available The UN considers Internet access a human right and understand that restrict in any way the population's connection to the World Wide Web hurts freedom of expression and information. Some countries, however, edited laws that limit the use of the virtual space on the grounds of public policy issues , such as national security and the individual's own protection. In this feeling , it will be sought through the deductive method of scientific research, assess whether the foreign legislation is not legitimate , that is, it is compatible with the precepts of international treaties

  10. From the Civil War to 9/11: Democracy and the Right to a Fair Trial

    Science.gov (United States)

    Marcus, Alan S.

    2011-01-01

    In the United States, the right to a fair trial is protected by the Constitution. The ideal of justice is a critical underpinning of the democracy. However, while the United States is a model of an honorable and just court system most of the time, our constitutional rights are occasionally stretched or broken. The rationale is often national…

  11. Black physicians and the struggle for civil rights: lessons from the Mississippi experience: part 2: their lives and experiences.

    Science.gov (United States)

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

    2014-11-01

    Little information is available on the lives and experiences of black physicians who practiced in the South during the Jim Crow era of legalized segregation. In Mississippi and elsewhere, it is a story of disenfranchised professionals who risked life, limb, and personal success to improve the lot of those they served. In this second article on this topic, we present the stories of some of the physicians who were leaders in the civil rights movement in Mississippi as examples. Because the health disparities they sought to address have, not of their own making, been passed on to the next generation of physicians, the lessons learned from their experience are worthy of consideration. Copyright © 2014 Elsevier Inc. All rights reserved.

  12. The La Tablada Attack and the Erosion of Civil Rights in Argentina

    OpenAIRE

    Sheinin, David

    2017-01-01

    On January 23, 1989, 42 operatives of a revolutionary group, the Movimiento Todos por la Patria (MTP), attacked the General Belgrano Mechanized Infantry Regiment No. 3 at La Tablada in the province of Buenos Aires. This article analyzes the accusations of human rights violations committed by the armed forces and the police on the attackers in the aftermath of the assault; the skeptical Argentine government’s response to those allegations before the Inter-American Commission of Human Rights (I...

  13. 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.

  14. 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...

  15. 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.

  16. Denial of equal civil rights for lesbian and gay men in The Netherlands,1980-1993.

    Science.gov (United States)

    Van de Meerendonk, Bas; Scheepers, Peer

    2004-01-01

    In six national samples (a total of 11,863 respondents) of the Dutch population, aged 16 and over, the denial of equal rights (in housing, inheriting, and adoption) for lesbians and gay men decreased from 1980 and 1985, and remained stable between 1985 and 1993. The denial of equal rights for lesbians and gay men was subscribed to more strongly by social categories that have been exposed to traditional socializing agents and socializing circumstances in which traditional norms prevailed:members of denominations, people who frequently attend church, and older cohorts, especially the ones born before 1948, as well as by those who have presumably not dissociated themselves from these traditional norms, i.e., the lower educated.

  17. Backlash or equality?: The influence of men's and women's rights discourses on domestic violence legislation in Ontario.

    Science.gov (United States)

    Girard, April L

    2009-01-01

    Through an examination of the public debates from Ontario's Bill 117, An Act to Better Protect Victims of Domestic Violence, this article explores the discourses that men's rights activists used to counter feminist constructions of domestic violence. Using a combined method, the author collapses the data into four important themes: protection, rights, and gender; funding and fairness; numerical and statistical truths; and resistance. By examining how they collectively construct the problem of domestic violence, the author exposes the ways in which men's rights advocates disqualify women's experiences and the responses to such claims.

  18. Congress and U.S. Policy on North Korean Human Rights and Refugees: Recent Legislation and Implementation

    National Research Council Canada - National Science Library

    Chanlett-Avery, Emma

    2009-01-01

    .... The passage of the reauthorization of the North Korean Human Rights Act in October 2008 (P.L. 110-346) reasserted congressional interest in influencing executive branch policy toward North Korea...

  19. THE PROHIBITION OF DISCRIMINATION OF ART. 14 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS IN MATTERS OF INHERITANCE AND AFILLIATION REGARDING THE PROVISIONS OF THE NEW CIVIL CODE

    Directory of Open Access Journals (Sweden)

    CARLA ALEXANDRA ANGHELESCU

    2013-05-01

    Full Text Available Taking into consideration the provisions of the New Civil Code that has recently entered into force, the study focuses on the analysis of its provisions regarding matters of inheritance and affiliation in order to establish their compliance with the established case-law of the European Court of Human Rights in interpreting article 14 of the European Convention on Human Rights.

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

    Directory of Open Access Journals (Sweden)

    Franciel Munaro

    2007-12-01

    Full Text Available The new Civil Code brings the institute of right abuse as a general clause. This clause, through its structural elements, as good-faith, good-customs and the social and economical aims, will find the responsibility of the agent into compensate another person who has overtook the limits of the law. The right abuse institute, however, goes further one to the civil order and the responsibility institute, coming around another fields of the law as well the institute of civil responsibility, matching with another law fields, reason that include a great situations and law probabilities, should be worked as a law principle.O Novo Código Civil traz o instituto do abuso de direito erigido a uma cláusula geral. Esta, através de seus elementos estruturais, como a boa-fé, os bons costumes e os fins econômicos e sociais, determinará a responsabilidade do agente em indenizar outrem caso este ultrapassar os limites do permitido. O instituto do abuso de direito, contudo, extravasa à ordem civil, bem como ao instituto da responsabilidade, permeando por outros campos do direito, fato pelo qual abrange uma vasta gama de situações e probabilidades jurídicas, devendo ser trabalhado como um princípio de direito.

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

    Science.gov (United States)

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

    2009-06-01

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

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

    International Nuclear Information System (INIS)

    Schmidt-Assmann, E.; Schoch, F.

    1994-01-01

    On the framing of issues of conflicting civil rights under administrative law. The available arsenal of legal instruments for solving conflicts between proprietary titles to land surfaces and mines is more extensive and differentiated and, if properly deployed, more effective than one might at first expect. The control mechanisms become effective either immediately through laws or through administrative or private acts and are based on public or on private law. They range from the sphere of mining rights, operation planning law, the law on the prevention of damage to private persons over to the regulations under mining law on the payment of damages. The constitutionality of the mining regulations examined here is beyond dispute. They comply with the constitutional requirement to frame the issue concerned and afford protection while at the same time providing the required measure of openness and flexibility for conforming to the peculiarities of the mining business and permitting the necessary sensitivity of administrative control for managing this multipolar legal relationship. At the statutory level the regulatory purpose of the mining law in force is thus fulfilled. (orig./HSCH) [de

  3. 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.

  4. Digital Privacy Legislation Awareness

    OpenAIRE

    Henry Foulds; Magda Huisman; Gunther R. Drevin

    2013-01-01

    Privacy is regarded as a fundamental human right and it is clear that the study of digital privacy is an important field. Digital privacy is influenced by new and constantly evolving technologies and this continuous change makes it hard to create legislation to protect people's privacy from being exploited by misuse of these technologies. This study aims to benefit digital privacy legislation efforts by evaluating the awareness and perceived importance of digital privacy legislation among...

  5. The Hurtline and the Colorline: Race and Racism in American Stand-up Comedy from Civil Rights to Color-Blindness

    OpenAIRE

    Perez, Raul

    2015-01-01

    In this dissertation, I examine race and racism in U.S. stand-up comedy, with particular attention to discursive and demographic shifts from the civil rights era to the present. I situate an examination of race-talk in stand-up comedy within the broader literature on post-civil rights racial discourse in the U.S., which contends that offensive public race-talk is on the decline. I argue comedians occupy a critical and central role in the matter of racial speech, but that sociologists have la...

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

    NARCIS (Netherlands)

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

    2016-01-01

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

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

    Science.gov (United States)

    Topsfield Foundation, Pomfret, CT. Study Circles Resource Center.

    This set of discussion guides includes units on "Racism and Race Relations"; "Sexual Harassment"; and "Civil Rights for Gays and Lesbians." Each guide presents a brief introduction to the issue and suggestions for ways to discuss both personal attitudes and public policy. Cases, examples, questions, and a range of…

  8. The Focus of Equal Employment Opportunity Programs under the Reagan Administration. Remarks by William Bradford Reynolds, Assistant Attorney General, Civil Rights Division.

    Science.gov (United States)

    Reynolds, William Bradford

    The equal employment opportunity policies of the Reagan administration may be summarized in the following manner: while the administration will not retreat from the historic commitment to enforce federal civil rights laws, it will no longer insist upon, or in any way support, the use of quotas or any numerical or statistical formula designed to…

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

    NARCIS (Netherlands)

    Visser-Maessen, Laura Gerarda Maria

    2013-01-01

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

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

    Science.gov (United States)

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

    2013-01-01

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

  11. Black physicians and the struggle for civil rights: lessons from the Mississippi experience: part 1: the forces for and against change.

    Science.gov (United States)

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

    2014-10-01

    The roles of black physicians in the South in the period leading up to the Civil Rights Act of 1964 and the Voting Rights Act of 1965 have not been fully disclosed. In Mississippi and elsewhere in the South, it is a story of disenfranchised professionals who risked life, limb, and personal success to improve the lot of those they served. This first of 2 articles on the subject provides an overview of the forces for and against the struggle for civil rights and social justice in medicine in the South. We use newly available data from Mississippi as a prime example. An understanding of these forces is essential to an understanding of medical education and medical practice in this period and helps explain why the South remains in last place in most indicators of health today. Copyright © 2014 Elsevier Inc. All rights reserved.

  12. Right to be Digital Forgotten and Civil Liability of Internet Search Providers: Interface Between the Civil Mark, National and Foreign Experience and the Law Projects Nº 7881/2014 AND Nº 1676/2015

    Directory of Open Access Journals (Sweden)

    Joyceane Bezerra de Menezes

    2015-12-01

    Full Text Available The Digital Information Society raised the level of information for one of the most valuable legal rights. This way, exercises control over personal information means to have dominion over the space through which will develop human potential. The right to privacy, extremely susceptible in the virtual environment, walks in ensuring the right to informational selfdetermination, or better, the right to be digital forgotten. This right stems directly from the general principle of protection of human dignity. In the face of collision of fundamental principles (right to privacy and right to information, it is possible to extract the limits to the exercise of the right to be forgotten in the virtual context. The civil liability of search providers on the Internet presents itself as the primary means of ensuring the right debated, but the brazilian jurisprudence is still resisting to recognize the search engine's responsibility to remove harmful search patterns to personality rights. It is noticed that the civil framework of the established internet data protection mechanisms, but remained silent about the responsibility of search providers. In this sense, there are the discussions involving the Bills No. 7887/2014 and No. 1676/2015, which are intended to clarify the right to be digital forgotten in the wake of international experience. About the methodology, the research has bibliographic and jurisprudential nature, pure from the results, with descriptive-analytic study, developed through theoretical research on the type of qualitative and, with respect to the objectives, descriptive and exploratory. As a result, it was concluded that the right to be forgotten is a fundamental right and worthy of protection personality, but must be exercised so as not to supplant other deadweight rights, realizing the ultimate goal of protecting and promoting free development the human person. While the search providers on the Internet may be compelled to remove search

  13. Swiss legislation on dog ownership

    CERN Multimedia

    DSU Department

    2008-01-01

    The Swiss Permanent Mission in Geneva has requested CERN to inform the members of its personnel that a notice relating to Swiss legislation on dog ownership has been published on-line at the following address: http://www.eda.admin.ch/eda/en/home/topics/intorg/un/unge/gepri/pet.html This legislation is applicable to all international civil servants who own a dog. Relations with the Host States Service mailto:relations.secretariat@cern.ch http://www.cern.ch/relations/

  14. In Law and Policy: AAMR Legislative and Social Goals: 1988-1989.

    Science.gov (United States)

    Luckasson, Ruth, Ed.

    1988-01-01

    1988-1989 legislative and social goals of the American Association on Mental Retardation (AAMR) are outlined. Priorities focus on Medicaid reform, constitutional and civil rights, capital punishment and the criminal justice system, and staff compensation rates. Twenty additional goals in such areas as family support and tax reform are also…

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

    Science.gov (United States)

    Lynch, B. J.; Driver, S.

    2011-12-01

    If our scientific community wants to make real progress on the climate change and environmental crisis we must be willing to side with and fight for the oppressed. The national and international communities most ready to act - those hit hardest by the real impact of climate change in their day-to-day lives - need the political leadership of and a living, organic connection with scientists who are prepared to tell the truth and act on the truth of our science. A new generation of scientist-activist leaders and this strategic and mutually beneficial alliance with the oppressed will be necessary to wage an international, intransigent fight to enact and implement the social, political, and economic policies needed to mitigate the damage already done and prevent future environmental and human catastrophe. In the statement BAMN distributed to last year's Fall AGU conference we said, "there will be no shortage of mass struggle in the next period of history." This spring we saw the absolutely awe-inspiring social upheavals in North Africa and the Middle East in the form of waves of mass demonstrations in country after country. Many of those struggles, with demands for real democracy, for jobs and economic opportunities, for improved living conditions, continue to this day. In virtually every instance, these popular and progressive social movements have been led by youth: middle school, high school and college students. In the US and Europe we have seen the spread of student-led struggle around the defense of K-12 public education and on college campuses in defense of various programs, opportunities, and the character of the educational experience. The most dynamic force in these struggles has been the Latina/o, black, other underrepresented minority and immigrant youth who refuse to accept permanent second-class citizenship and a future devoid of hope and opportunity. We will discuss our experience as a youth-led civil rights organization presenting the issues of climate

  16. 29 CFR 1620.27 - Relationship to the Equal Pay Act of title VII of the Civil Rights Act.

    Science.gov (United States)

    2010-07-01

    ... established upon a showing that an employer pays different wages to employees of opposite sexes for equal work... higher pay for equal work. ... 29 Labor 4 2010-07-01 2010-07-01 false Relationship to the Equal Pay Act of title VII of the Civil...

  17. International environmental legislation; Internationales Umweltrecht

    Energy Technology Data Exchange (ETDEWEB)

    Proelss, Alexander (ed.) [Trier Univ. (Germany)

    2017-07-01

    The book on international environmental legislation includes the following contributions: Development, sources and actors concerning the international environmental legislation, cross-national environmental justice, principles of the international environmental legislation, environmental protection by lawsuit, environmental protection and human right, environmental protection and trading, responsibility and liability, peaceful settlement of disputes, climatic change, preservation and sustainable use of the biodiversity, protection of air and space, oceanic protection, protection of inland waters, protection of the Antarctic and Arctic environment, waste and hazardous materials legislation.

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

    Directory of Open Access Journals (Sweden)

    Augusto Caccia-Bava Junior

    2007-05-01

    Full Text Available Este ensaio parte do reconhecimento de uma conjuntura de crise institucional, para analisar o contexto da formação dos direitos civis dos jovens e suas fragilidades ,com vista a alcançar, por meio dessa reflexão, uma exposição dos aspectos da insegurança urbana presentes na sociedade brasileira. Palavras-chave: Crise institucional. Direitos civis dos jovens. Insegurança urbana. This essay starts with the recognition of a particular political institutional crisis as a base to analyze the development of the youth civil wrights and their gaps in order to reach an exposition of the characteristics of urban insecurity that takes place in Brazilian society. Keywords: Institutional crisis; Youth civil wrigths; Urban insecurity.

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

    Directory of Open Access Journals (Sweden)

    Quezia Dornellas Fialho

    2017-02-01

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

  20. Considerations in civil commitment of individuals with substance use disorders.

    Science.gov (United States)

    Cavaiola, Alan A; Dolan, David

    2016-01-01

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

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

    Science.gov (United States)

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

    2014-01-01

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

  2. 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.

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

    Directory of Open Access Journals (Sweden)

    Márcia Regina Pitta Lopes Aquino

    2006-12-01

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

  4. EUROPEIZAREA DREPTULUI PROCESUAL CIVIL

    Directory of Open Access Journals (Sweden)

    Alexandrina Zaharia

    2006-05-01

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

  5. 'That thing of human rights': discourse, emergency assistance, and sexual violence in South Sudan's current civil war.

    Science.gov (United States)

    Luedke, Alicia Elaine; Logan, Hannah Faye

    2018-01-01

    One of the most widely covered aspects of the current conflict in South Sudan has been the use sexual violence by rival factions of the Sudan People's Liberation Movement/Army (SPLM/A) and other armed groups. While this has had the positive effect of ensuring that sexual violence is an integral component of intervention strategies in the country, it has also had a number of unintended consequences. This paper demonstrates how the narrow focus on sexual violence as a 'weapon of war', and the broader emergency lens through which the plight of civilians, especially women, has been viewed, are overly simplistic, often neglecting the root causes of such violence. More specifically, it highlights how dominant discourses on sexual violence in South Sudan's conflict have disregarded the historically violent civil-military relations that have typified the SPLM/A's leadership, and the structural violence connected with the local political economy of bride wealth and the associated commodification of feminine identities and bodies. © 2018 The Author(s). Disasters © Overseas Development Institute, 2018.

  6. Nuclear Liability Legislation in Slovenia

    International Nuclear Information System (INIS)

    Skraban, A.

    1998-01-01

    This paper reviews Slovenian national legislation in the field of third party liability for nuclear damage, applicability of the international nuclear liability treaties in Slovenia legal system and outlines some main provisions of national legislation. It is worth mentioning that legal instruments covering third party liability and compulsory insurance of such liability exist in Slovenia for almost 20 years and that our nuclear facilities are covered by relevant international treaties and conventions in this field, among them also by the Vienna Convention on Civil Liability for Nuclear Damage (from 1977) and the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (from 1994). (author)

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

    Science.gov (United States)

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

    2016-05-08

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

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

    Directory of Open Access Journals (Sweden)

    Elham Rafighi

    2016-10-01

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

  9. Marks of autopsy and identification of victims of human rights violations exhumed from cemeteries: the case of the Spanish Civil War (1936-1939).

    Science.gov (United States)

    Ríos, Luis; Martínez, Berta; García-Rubio, Almudena; Herrasti, Lourdes; Etxeberria, Francisco

    2014-09-01

    The presence of autopsy marks in human skeletal remains indicates a medicolegal procedure related to ascertaining the cause and manner of death. We present here four cases where signs of autopsy were observed in the remains recovered from mass graves and cemeteries of prisoners from the Spanish Civil War (1936-1939), victims of extrajudicial executions, and of death in prison, respectively. With respect to the former, historical evidence indicate that during the first weeks after the coup, official removal of cadavers and autopsy procedures were carried out to the first victims of extrajudicial killings, whose corpses were found abandoned in the road. Once the civil war was established and systematic extrajudicial killings were systematic, official military orders were issued to stop standard forensic proceedings. Therefore, autopsy marks observed in the remains exhumed from mass graves located in cemeteries may be indicative of an earlier chronology of the killings, and this information proved to be relevant for the identification process in one of the cases presented. In a cemetery of political prisoners, autopsy signs were also observed in two skeletal remains and in the official records of two prisoners, a corroboration of information also relevant for the identification process. These findings indicate that autopsy marks can be found in the remains of victims of human rights violations exhumed from cemeteries. Skeletal and archival information could be useful for the identification process in other cases of large-scale violence, where the first victims of extrajudicial executions were buried unidentified in cemeteries after autopsy procedures.

  10. Legislative update.

    Science.gov (United States)

    1999-07-23

    Recent State legislation on HIV-related issues is summarized. Connecticut enacted a bill imposing penalties when public servants and health care workers are deliberately exposed to body fluids. Louisiana passed a bill mandating HIV testing for each incoming State prison inmate. New York has several bills under consideration related to guardianship, confidentiality of crime victims who are potentially exposed to HIV, and disability benefits for firefighters and police officers who contract HIV, tuberculosis, or hepatitis in the line of duty. North Carolina has a new law aimed at serving additional clients in the State=s AIDS drug assistance program. Oregon is working on a bill authorizing HIV testing for all defendants who may have transmitted body fluids to a crime victim.

  11. 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.

  12. An Embarrassment of Riches or a Profusion of Confusion? An Evaluation of the Continued Existence of the Civil Union Act of 2006 in the Light of Prospective Domestic Partnerships Legislation in South Africa

    Directory of Open Access Journals (Sweden)

    B Smith

    2010-08-01

    Full Text Available As it stands, South African family law currently holds that the Marriage Act 25 of 1961 applies exclusively to the solemnisation of heterosexual civil marriages while same-sex couples have no choice but to formalise their relationships in terms of the Civil Union Act 17 of 2006. In addition, the legal position is complicated by the fact that the latter Act not only allows both heterosexual and homosexual couples to conclude a civil union, but also provides that a civil union may take the form of either a marriage or a civil partnership, both of which enjoy the same legal recognition as, and give rise to the same legal consequences, as a civil marriage under the Marriage Act.In January 2008, a draft Domestic Partnerships Bill saw the light of day, the potential enactment of which casts significant doubt as to whether the prevailing framework should be retained. With this potential development in mind, this paper considers the desirability of maintaining the "separate but equal" status quo by: (a comparing the South African Law Reform Commission's pre-Civil Union Act proposals with the approach eventually adopted by the legislature; (b comparing and contrasting the post-Civil Union Act position in South Africa with that of an established and well-ordered jurisdiction such as the Netherlands and, in the light hereof, considering the cases for and against repealing the Civil Union Act; and (c by considering the desirability and practicality of the civil partnership's potential co-existence with the Domestic Partnerships Bill (as modified in accordance with a recent study. A proposal is made that could provide a less complex and better streamlined family law dispensation in South Africa.

  13. 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.

  14. Pay Differences Between Women's and Men's Jobs: The Empirical Foundations of Comparable Worth Legislation

    OpenAIRE

    George E. Johnson; Gary Solon

    1984-01-01

    Civil rights legislation of the 1960s made it illegal foran employer to pay men and women on different bases for the same work or to discriminate against women in hiring, job assignment, or promotion. Two decades later, however, the ratio of women's to men's earnings has shown little upward movement. Furthermore, major sex differences in occupational distribution persist with predominantly female jobs typically paying less than predominantly male jobs. This negative relationship between wage ...

  15. Extremism, Free Speech and the Rule of Law: Evaluating the Compliance of Legislation Restricting Extremist Expressions with Article 19 ICCPR

    Directory of Open Access Journals (Sweden)

    Amy Shepherd

    2017-08-01

    Full Text Available In the years since 9/11, international security discourse has heightened concerns around extremism, positioning this as the key threat that States need to address in order to prevent and combat terrorism. Politically, enactment of domestic legislation curtailing extremist expressions has been internationally authorised and encouraged and in May 2016 the United Kingdom (‘UK’, spearheading a liberal State trend towards rights-restrictive approaches to extremism, announced its intention to enact legislation imposing a range of civil sanctions on those publicly expressing extremist views. But laws such as this restrict the core democratic right to freedom of expression and so must comply with the tripartite requirements for restrictions enshrined in Article 19(3 of the International Covenant on Civil and Political Rights (‘ICCPR’ to be legitimate. Using the UK to dynamically exemplify the issues, this paper assesses the manner in which the laws curtailing extremist expressions comply with international human rights law.

  16. Are civil-law notaries rent-seeking monopolists or essential market intermediaries? Endogenous development of a property rights institution in Mexico

    Science.gov (United States)

    Monkkonen, Paavo

    2017-01-01

    As the fourth contribution in the ‘Land’ section, this paper forms a research ‘diptych’ with the next paper by Levy. Whereas she focuses on the notarial institution in mid-nineteenth century Mexico, this contribution examines it in a contemporary context. The notary is one of the chief components of property rights protection in civil-law systems, performing various public functions such as writing deeds for real estate property. Yet notaries are considered an ‘inefficient’ institution by many, due to the perception of rent-seeking behavior enabled by their near-monopoly over validating property rights claims. This study examines notaries in Mexico to unpack the apparent contradiction in the role of notaries in economic development. I use a combination of interviews with notaries and clients, and data on notarial practice and bureaucratic outcomes across the country, to examine notaries’ social function. The theoretical lens of endogenous development and institutional functionalism reveals an alternate explanation for their seemingly high-cost services, as well as their role in economic development. Mexican notaries have a dual social function: public representative and private service provider. They perform diverse and essential activities, which in other countries are performed by multiple actors such as real estate agents, escrow offices and title insurance companies. Thus, what is perceived as inefficiency by some can be interpreted as an efficient response to the context in which they operate, and their semi-privatized nature can overcome problems found in other bureaucratic arrangements. PMID:28615798

  17. Are civil-law notaries rent-seeking monopolists or essential market intermediaries? Endogenous development of a property rights institution in Mexico.

    Science.gov (United States)

    Monkkonen, Paavo

    2016-01-01

    As the fourth contribution in the 'Land' section, this paper forms a research 'diptych' with the next paper by Levy. Whereas she focuses on the notarial institution in mid-nineteenth century Mexico, this contribution examines it in a contemporary context. The notary is one of the chief components of property rights protection in civil-law systems, performing various public functions such as writing deeds for real estate property. Yet notaries are considered an 'inefficient' institution by many, due to the perception of rent-seeking behavior enabled by their near-monopoly over validating property rights claims. This study examines notaries in Mexico to unpack the apparent contradiction in the role of notaries in economic development. I use a combination of interviews with notaries and clients, and data on notarial practice and bureaucratic outcomes across the country, to examine notaries' social function. The theoretical lens of endogenous development and institutional functionalism reveals an alternate explanation for their seemingly high-cost services, as well as their role in economic development. Mexican notaries have a dual social function: public representative and private service provider. They perform diverse and essential activities, which in other countries are performed by multiple actors such as real estate agents, escrow offices and title insurance companies. Thus, what is perceived as inefficiency by some can be interpreted as an efficient response to the context in which they operate, and their semi-privatized nature can overcome problems found in other bureaucratic arrangements.

  18. Lawyer of defendant and his role in the criminal process from the viewpoint of the European Convention on Human Rights and the Albanian criminal procedural legislation

    Directory of Open Access Journals (Sweden)

    Klodjan Skenderaj

    2014-01-01

    Full Text Available A guarantee for real ensuring of defendant’s rights is the qualified legal assistance by the side of the lawyer, chosen or assigned by the proceeding body. Providing legal protection to defendants was an important achievement in the long and difficult efforts to democratize the criminal proceedings. It was initially achieved in developed countries which promulgated the fundamental rights and freedoms and on this basis the major laws of activity of justice’s bodies were enforced. The role of lawyer in the criminal proceeding gradually increased and became an important factor in the fight against violations of law and injustice. The lawyer became a respected procedural figure, standing in front of prosecution, as the opposing party able to develop a cross-examination and to influence in a fair solution of case. However in practice, it is not rare the violation of rights of defendants by proceeding organs. So, it is right to make this question: What will be done with their rights and how will they be protected? In practice there were different opinions in terms of guaranteeing the rights of these defendants and how far the rights of lawyers of the defendants are extended. This is the reason why this paper will bring in attention the position, procedural guarantees of lawyers, the actions that can take and the exercise of their main rights in defending the interest of defendant, taking into account the main phases of criminal proceedings. Special attention will be devoted to case law of European Court of Human Rights (ECHR in terms of guaranteeing the rights of defendants, the orientations of the Albanian Constitutional Court and that of Supreme Court. At the end, this paper will reach in some conclusions through which proposals and amendments will be made to the code of criminal procedure, starting from the principle that the rights and procedural guarantees of defendants should be guaranteed at the maximum, because it’s the only way to

  19. Migrant workers in Sabah, East Malaysia: The importance of legislation and policy to uphold equity on sexual and reproductive health and rights.

    Science.gov (United States)

    Lasimbang, Helen Benedict; Tong, Wen Ting; Low, Wah Yun

    2016-04-01

    Sabah, located in Southeast Asia, hosts the highest number of non-Malaysian citizens (27.7%), predominantly the Indonesian and Filipino migrants in comparison to other states in Malaysia. Sabah has inadequate data on migrants' sexual and reproductive health and rights (SRHRs). Various migrant-related policies and laws are present, but they do not offer full protection and rights to legal migrants in terms of their SRHRs. The aim of the laws and policies appears to be controlling the migrants from having any negative impact on the locals, rather than protecting migrants' health and rights. This affected their rights to marriage, having children, increase their vulnerabilities to labour trafficking and sexual abuse and access to health-care services. Female migrant workers and undocumented migrants form the most vulnerable subgroups of migrants. This narrative review highlights the status of SRHRs of migrants in Sabah and the migrant-related Malaysian laws and policies affecting their SRHRs. Copyright © 2015 Elsevier Ltd. All rights reserved.

  20. The Court of Justice and The Data Retention Directive in Digital Rights Ireland: Telling Off The EU Legislator and Teaching a Lesson in Privacy and Data Protection

    NARCIS (Netherlands)

    Granger, M.-P.; Irion, K.

    2014-01-01

    In Digital Rights Ireland, the Court of Justice invalidated the 2006 Data Retention Directive, which required private providers to retain for a considerable period electronic communication metadata for law enforcement purposes. In this landmark ruling, the EU judiciary introduced a strict scrutiny

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

    Directory of Open Access Journals (Sweden)

    Verónica Giordano

    2009-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Luiz Fernando Belinetti

    2005-12-01

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

  3. Some Questions on the Regulation of Civil Servants Employment Status

    Directory of Open Access Journals (Sweden)

    Silvio Čović

    2015-01-01

    Full Text Available The authors in this paper, respecting the specificities of civil service and analyzing the jurisprudence of the administrative courts that relates to the civil service labor matters, provide an overview and the analyze of the basic legislative solutions in the field of liability for the violation of official duty and the overall protection of the rights of civil servants, and present concrete suggestions for the improvement of the existing legal regulations. The authors conclude that it is necessary to keep the system of civil service tribunals and the superior civil service tribunal, due to demonstrated effectiveness of these bodies and legality of their decisions. Also, it is necessary to keep the Civil Service Board as an independent and professional body, due to the fact that legality of the decisions of the Board is recognized by related jurisprudence of administrative courts, but there is a need for fulfilling the personnel of the Board, as well as removing the matters of benefits provided by Collective agreement from its jurisdiction.

  4. Brazilian nuclear legislation. Revision n.1/2002

    International Nuclear Information System (INIS)

    Matos, Gilberto Cardoso de

    2002-01-01

    This work intends to facilitate the access to the Brazilian nuclear legislation and other legal instruments, foreseeing the use of nuclear energy and ionizing radiation in health, work and environment areas up to 2002. Legislation on the civil liability of nuclear damage, the law of licensing taxes, controlling and inspection are also included

  5. Law of 22 April 2005 on patients' rights and the end of life in France: setting the boundaries of euthanasia, with regard to current legislation in other European countries.

    Science.gov (United States)

    Clin, Bénédicte; Ophélie, Ferrant

    2010-10-01

    The term 'euthanasia' is not clearly defined. Euthanasia is evoked in many aspects of terminal care: interruption of curative treatment at the end of life, palliative care or the act of deliberately provoking death through compassion. A law on 'patients' rights and the end of life', promulgated in France on 22 April 2005, led to changes in the French Code of Public Health. In this work, we have first outlined the key provisions of this law and the changes it has brought, then we have compared current legislation on the subject throughout Europe, where a rapid overview of current practice in terminal patient care revealed four different types of legislation: the first authorizes euthanasia (in the sense of provoking death, if this choice is medically justified), the second legalizes 'assisted suicide', the third, which is sometimes referred to as 'passive euthanasia', consists of the non-administration of life-sustaining treatment and, finally, the fourth prohibits euthanasia in any form whatsoever. In the last section, we have attempted to clarify the as yet indistinct notion of 'euthanasia' in order to determine whether the conception of terminal care in the Law of 22 April 2005 was consistent with that put forward by the philosopher Francis Bacon, who claimed that, 'The physician's role is to relieve pain, not only when such relief can lead to healing, but also when it can proffer a calm and trouble-free death, thus putting an end to the suffering and the agony of death' (modern adaptation of the original quote).

  6. Challenges of Early Childhood education as a children’s right: analysis of the history and legislation of the 1980’s and 1990’s

    Directory of Open Access Journals (Sweden)

    Maria Angélica Olivo Francisco Lucas

    2012-06-01

    Full Text Available This article seeks to analyze the role of Early Childhood education in the period between the end of the Brazilian military dictatorship until the enactment of the current Lei de Diretrizes e Bases da Educação Nacional (National Educational Bases and Guidelines Law – LDB. This period represents a major step in the history of Early Childhood Education due to the development of documents that were essential to the acknowledgment of children’s rights, such as the Constituição Federal (Federal Constitution – 1988, the Estatuto da Criança e do Adolescente (Child and Adolescent Statute – ECA (1990 and the Política Nacional de Educação Infantil (National Policy for Early Childhood Education – PNEI (1994. All of these documents were used as basis for this study. The constitutional text recognized children as citizens, while the ECA has strengthened this commitment from the part of the State. Similarly, the PNEI has defi ned the suitable conditions for children’s overall development. However, the universal implementation of a quality service progresses slowly, since the specifi city of this educational modality is yet to be fully recognized.

  7. Homeland Security and Civil Liberties

    National Research Council Canada - National Science Library

    Wong, Leonard; Lovelace, Douglas C., Jr

    2004-01-01

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

  8. Special Education Legislation and Policy in Canada

    Science.gov (United States)

    McBride, Shirley R.

    2013-01-01

    This article reviews the historical context in which Canadian legislation and policy for children with special needs has evolved. The potential for the rights of students with special needs in light of the Canadian Charter of Rights and Freedoms is outlined. The role of the Federal and Provincial governments in legislation and policy vis-à-vis…

  9. Gaps in National Labour Rights for Women and Girls: inventory of gaps in labour legislation regarding women’s labour rights in Egypt, Guatemala, India, Indonesia, Kenya, Mozambique, Pakistan, Paraguay, Peru, South Africa, Tanzania and Uganda

    OpenAIRE

    Besamusca, J.; Tijdens, K.

    2015-01-01

    From 2012 to 2016, the International Trade Union Confederation (ITUC), the WageIndicator Foundation and the Amsterdam Institute for Advanced Labour Studies (AIAS) are running the Labour Rights for Women project with national trade union confederations and WageIndicator teams in twelve developing countries in Africa, Latin America and Asia. Six African countries participate in the Labour Rights for Women project (Egypt, Kenya, Mozambique, South Africa, Tanzania and Uganda), three Asian countri...

  10. Findings of Widespread Discrimination Against LGBT People by State and Local Legislative Bodies, Commissions, and Elected Officials

    OpenAIRE

    Sears, Brad; Mallory, Christy; Hunter, Nan D.

    2009-01-01

    A number of state and local elected officials, legislative bodies, and special commissions have issued findings of widespread discrimination against LGBT people in their jurisdictions, including discrimination in public employment. For example, in May 2007 when the governor of Ohio issued an executive order prohibiting discrimination in state employment based on sexual orientation and/or gender identity, the order included the finding that the “[i]nformation compiled by the Ohio Civil Rights ...

  11. Gaps in National Labour Rights for Women and Girls: inventory of gaps in labour legislation regarding women’s labour rights in Egypt, Guatemala, India, Indonesia, Kenya, Mozambique, Pakistan, Paraguay, Peru, South Africa, Tanzania and Uganda

    NARCIS (Netherlands)

    Besamusca, J.; Tijdens, K.

    2015-01-01

    From 2012 to 2016, the International Trade Union Confederation (ITUC), the WageIndicator Foundation and the Amsterdam Institute for Advanced Labour Studies (AIAS) are running the Labour Rights for Women project with national trade union confederations and WageIndicator teams in twelve developing

  12. Appraising language rights under Nigeria legislation | Okaphor ...

    African Journals Online (AJOL)

    Language as a means of communication covers different forms and perspectives. It is used to express different ideas and thoughts. Most times people are discriminated against because of language. They do not have access to social and economic opportunities because of the language they speak or understand. Hence ...

  13. BANK DEPOSIT CONTRACT: CURRENT STATUS OF LEGISLATION AND LAW ENFORCEMENT

    Directory of Open Access Journals (Sweden)

    Oleg Kozhevnikov

    2017-01-01

    Full Text Available УДК 347.734The relevance of the study is determined by the debates around legal rules devoted to the bank deposit contract, as well as an extensive judicial practice, revealing the problems of existing legislation. Purpose: to systematize the main problems of enforcement related to the bank deposit contract and to suggest ways of improving the current legislation. Meth-ods: general and special scientific methods (systemic, comparative, formal-logical and other are used. Results: on the basis of the comparative experience of Belarus, Kazakhstan and other foreign countries, analysis of judicial practice proposals to improve existing legislation are presented (including types of contract, investigation of deposits, bail-in.The authors conclude, it is necessary to supplement Chapter 44 of Russian Civil Code by rules on types of bank deposit agreement, establish the order of registration of the deposit and deposited funds with the remote technology, by list of requirements as to the form of deposit and savings certificates, by details and peculiarities of treatment, as well as consolidate the definition of "interest capitalization" and establish the list of cases of restriction of the rights of depositors for disposal of deposits. Procedural rules on the investigation of the deposits, determining the jurisdiction of cases on the protection of investors, are also should be improved.

  14. 2011 SREB Legislative Briefing

    Science.gov (United States)

    Gaines, Gale F., Comp.

    2011-01-01

    The "2011 Legislative Briefing" is a topical summary of state budget and legislative actions that affect elementary, secondary and higher education across the Southern Regional Education Board (SREB) region. It outlines actions in areas such as tax and spending legislation, assistance to local districts, tuition and fees, student…

  15. Civil Courts.

    Science.gov (United States)

    Eaneman, Paulette S.; And Others

    These materials are part of the Project Benchmark series designed to teach secondary students about our legal concepts and systems. This unit focuses on the structure and procedures of the civil court systems. The materials outline common law heritage, kinds of cases, jurisdiction, civil pretrial procedure, trial procedure, and a sample automobile…

  16. Civil Procedure.

    Science.gov (United States)

    Byer, Robert

    1997-01-01

    Briefly reviews the historical development of civil procedure (the rules that dictate how a civil case can proceed through the courts) and identifies some of its main components. Discusses procedures such as subject matter jurisdiction, personal jurisdiction, venue, discovery, motions practice, pleadings, pretrial conference, and trials. (MJP)

  17. e-ready legislation

    DEFF Research Database (Denmark)

    Hvingel, Line; Baaner, Lasse

    In general, digital society challenges traditional modes of legislation and rulings. Dissimilar compositions of the legislation and non-comparable spatial representations of the legal content makes traditional legislation unfit for e-Government. Lacking attention may lead to the undermining...... of the trustworthiness of administration systems. On the other hand, a successful adaption of legislation to a digital setup could help promote good service towards citizens and businesses, and according to land administration theories maybe even promote societal sustainability in large. Based on studies on Denmark......, different challenges within digital land administration solutions are demonstrated. This paper discusses how legislation needs to change in order to be ‘e-Ready’....

  18. 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."

  19. The Right to a Fair Trial in Times of Terrorism: A Method to Identify the Non-Derogable Aspects of Article 14 of the International Covenant on Civil and Political Rights

    Directory of Open Access Journals (Sweden)

    Evelyne Schmid

    2009-02-01

    rights which have to be provided to every accused, irrespective of his or her status in international law and irrespective of whether the situation amounts to an armed conflict or not. This essay proceeds from the assertion that human rights law applies in peacetime as well as in times of emergency, including in armed conflict. Because the International Covenant on Civil and Political Rights prohibits any derogation measures inconsistent with the State’s other obligations under international law, the so-called principle of consistency lends itself as the tool to identify which aspects of Article 14 of the Covenant must be considered non-derogable. The article concludes that those aspects of fair trial which are common to the legal regimes dealing with both types of armed conflict – international and non-international – are also part of customary international law and provide the minimum yardstick from which no reduction is permissible.

  20. Civil Procedure In Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

    The book contains an up-to-date survey of Danish civil procedure after the profound Danish procedural reforms in 2007. It deals with questions concerning competence and function of Danish courts, commencement and preparation of civil cases, questions of evidence and burden of proof, international...... procedural questions, including relations to the Brussels I Regulation and Denmark's participation in this Regulation via a parallel convention with the EU countries, impact on Danish civil procedure of the convention on human rights, preparation and pronouncement of judgment and verdict, questions of appeal...... scientific activities conducted by the author, partly based on the author's experience as a member, through a number of years, of the Danish Standing Committee on Procedural Law (Retsplejeraadet), which on a continuous basis evaluates the need for civil procedural reforms in Denmark, and finally also based...

  1. [Legal aspects of psychiatry in Soviet legislation].

    Science.gov (United States)

    Babayan, E A

    1977-01-01

    The Author examines and describes in detail the normative and organizational aspects of forensic-psychiatric services in the URSS. Both criminal expert opinions and civil aspects are described. The problem of civil rights of mentally ill persons are discussed together with education and training of the experts employed in institutions and by the courts.

  2. Civil Identity

    DEFF Research Database (Denmark)

    Petersen, Lars Axel

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

  3. Civil War

    OpenAIRE

    Christopher Blattman; Edward Miguel

    2010-01-01

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

  4. Ketamine use in Taiwan: Moral panic, civilizing processes, and democratization.

    Science.gov (United States)

    Hsu, Liang-Yin

    2014-07-01

    Ketamine use among young people in Taiwan has increased in recent years. Believing ketamine users to be a threat to social order and harsh punishment to be a deterrent, some legislators have called for upgrading ketamine use to a more serious criminal offence. These calls have been repeatedly rebuffed by the advisory council which sets drug policy, suggesting that the perceived problem does not correlate to the actual one. In this commentary, I argue that the calls of legislators constitute a 'moral panic,' and follow Rohloff (2011) in connecting the phenomenon to Elias' (2000) concept of civilizing and decivilizing processes. In addition, I demonstrate that moral panic - in the ketamine case at least - is shaped by the legacy of authoritarianism. Copyright © 2014 Elsevier B.V. All rights reserved.

  5. Legislation and regulation

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2001-09-01

    This document presents the fulfilling of the Brazilian obligations under the Convention on Nuclear Safety. The Chapter 3 of the document contains some details about the Brazilian legislation and regulation, the legislative and regulatory framework, regulatory body and responsibility of the license holder.

  6. The 2007 Legislative Briefing

    Science.gov (United States)

    Grove, Jeffrey; Gaines, Gale F., Comp.

    2007-01-01

    "The 2007 Legislative Briefing" is a topical summary of actions during the 2006 legislative sessions that affect education in the 16 SREB states. Topics include state budgets and the economy, tax and revenue, school finance, teacher compensation, licensure, certification and evaluation of teachers, strengthening elementary and secondary…

  7. Contributions from assited human reproduction techniques' socio-legal research to the legislative field

    Directory of Open Access Journals (Sweden)

    Marisa Herrera

    2017-03-01

    Full Text Available This paper’s intention is to share some of the main results of two field-based research projects regarding assisted human reproduction practices in Argentina. Both projects have been developed in a dynamic legislative context involving medical coverage regulation, parentage determination and the right to know one's origins for children born with third party genetic material. Also, in this context, the Draft Civil and Commercial Code reform introduced two figures that were then removed in the parliamentary debate: post mortem fertilization and surrogate motherhood. All these issues concerning the use of assisted human reproduction challenge the legal field and are addressed in these research projects, one of them more from an explorative perspective and the other from a qualitative one. Therefore, this article aims to introduce some of the measured variables and the findings obtained to serve as relevant contributions to achieve a more appropriate legislation according with the medical and social reality.

  8. Civil Disobedience.

    Science.gov (United States)

    Martz, Carlton

    2000-01-01

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

  9. Revenge Pornography: Mental Health Implications and Related Legislation.

    Science.gov (United States)

    Kamal, Mudasir; Newman, William J

    2016-09-01

    Revenge pornography, also known as nonconsensual pornography, is a subtype of cyberharassment/cyberstalking, and a serious problem facing society in the Internet age. Revenge pornography can result in lifelong mental health consequences for victims, damaged relationships, and social isolation. Recently, a growing number of states have recognized the importance of this phenomenon and have enacted legislation that criminalizes it. The technology industry has also taken steps to assist victims of revenge pornography by creating web forms to request removal of links leading to the explicit content. The Cyber Civil Rights Initiative (CCRI) has been instrumental in promoting public awareness of this often overlooked problem and in providing services for victims. Although important steps have been made, greater recognition of the gravity of this problem and the mental health implications of revenge pornography is needed to expand legislation criminalizing such acts. A federal criminal law, in particular, is much overdue. Mental health professionals must understand the dimensions of revenge pornography to be able to identify and address the consequences in both forensic and clinical settings. © 2016 American Academy of Psychiatry and the Law.

  10. Acid rain legislation update

    International Nuclear Information System (INIS)

    Storey, H.L.

    1990-01-01

    This paper presents the author's view that the coal industry should develop a strategy to respond to the global warming issue. A few weeks ago a speaker stated that the global warming issue placed coal at the crossroads. He stated that global warming legislation, could reduce the consumption of coal by approximately twenty-five percent, without global warming legislation coal would continue to grow at a approximately three percent per year. It is believed there is a path to be traveled between the two options, legislation or no legislation, that can result in coal obtaining the position as the primary fuel source for electrical generating throughout the world. This is a path the coal industry can define and should follow

  11. Legislative Districts - 1990

    Data.gov (United States)

    Kansas Data Access and Support Center — Each coverage contains a COVER-ID field that defines the House or Senate district number. Kansas House and Senate districts were created by the Legislative Research...

  12. Carlism and the Reorganization of the Rights. From Carlist War II to the Civil War | El carlismo ante la reorganización de las derechas. De la Segunda Guerra Carlista a la Guerra Civil

    Directory of Open Access Journals (Sweden)

    Javier Esteve Martí

    2014-12-01

    Full Text Available In 1936 Carlists did not fight with the main objective of imposing their own king, not even for a particular political project. This fact can only be understood in the context of processes like the crisis of monarchical legitimacy or the reordering of the Spanish right wing parties. This article considers the study of how Carlism participated in the new mass society and in parliamentarianism, which facilitated a series of approaches to rights groups, especially to some of those who would join reactionary nationalism. This favoured more or less strong or long-lasting links, which were stimulated by the collapse of the Restoration system and the rise of political movements such as anti-clericalism, socialism or anarchism. | En 1936 el carlismo no combatió con el objetivo prioritario de imponer a su propio rey, ni siquiera por un proyecto político propio. Este hecho sólo puede comprenderse en el contexto de procesos como la crisis del legitimismo monárquico o la reordenación de las derechas españolas. Este artículo se plantea el estudio de cómo el carlismo participó de la nueva sociedad de masas y del parlamentarismo, lo que facilitó una serie de acercamientos a grupos de derechas, especialmente a algunos de los que participarían del nacionalismo reaccionario. Ello favoreció conjunciones, más o menos sólidas o duraderas, que se vieron estimuladas por el colapso del sistema de la Restauración y el auge de movimientos políticos como el anticlericalismo, el socialismo o el anarquismo.

  13. 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.

  14. Specific Statistics of Czech Legislation

    Czech Academy of Sciences Publication Activity Database

    Novák, František

    2015-01-01

    Roč. 5, č. 3 (2015), s. 162-183 ISSN 1805-8396 Institutional support: RVO:68378122 Keywords : legislation * quantitative description of legislation * structure and development of the legislation in the CR Subject RIV: AG - Legal Sciences

  15. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    2012-01-01

    This section gathers the following national legislative and regulatory activities sorted by country: Bulgaria: General legislation; Czech Republic: General legislation; France: General legislation, Regulatory infrastructure and activity; Germany: General legislation; India: Liability and compensation, Organisation and structure; Ireland: Radiation protection, General legislation; Korea (Republic of): Organisation and structure; Lithuania: Regulatory infrastructure and activity, Radioactive waste management, Radiation protection, international cooperation, Nuclear safety; Poland: General legislation; Romania: Environmental protection; Russian Federation: Radioactive waste management; Slovenia: Nuclear safety; Spain: Liability and compensation, Nuclear security; Sweden: Nuclear safety; Turkey: Radiation protection, Regulatory infrastructure and activity, Nuclear safety, Liability and compensation; United States: General legislation

  16. The Validity of the Sales Purchase Contract with Redemption Pact in Light of the Provisions New Civil Code

    Directory of Open Access Journals (Sweden)

    Emilia Mateescu

    2010-06-01

    Full Text Available The sales contract with buyback agreement has existed in the Romanian legislation as it has been instituted by means of the original form of the Civil Code in force. The legislative evolution of the lastcentury has abrogated the provisions referring to this field and has eventually led to a legislative void in this matter. This situation has entailed the validation of all legal deeds in the form of sales contract with buyback agreement, form which used to be prohibited in the past, in certain situations. Noticing such situation andunderstanding the need to reinstate the legal framework for the regulation of social relationships with respect to the sales contract with buyback agreements, the Romanian lawgiver has dedicated it a subsection in the new Civil Code. The future civil regulation resumes a major part of the contents and meanings of the provisions of articles 1371-1387 of the Civil Code, currently abrogated. The different element lies in the institution of the express prohibition of sales with buyback option where the difference between the pricereceived and the price paid exceeds the level of interests set by the specific legislation. In addition, the sales where the seller has the obligation to buy back the good sold without setting the price of the good at the time of undertaking such obligation are also prohibited. Following the entry into force of the new Civil Code, the sale with buyback option shall fit the category of legal deeds affected by a resolutive condition, which shall also affect possible rights transmitted by concluding the contract. Such agreements shall be fully valid as long as the general validity conditions of the legal deeds are complied with and the legal norms passed in the interest matter are not infringed.

  17. Legal aspects of civil and religious freedoms of the Jewish community in this region

    Directory of Open Access Journals (Sweden)

    Lazić Željko

    2015-01-01

    Full Text Available This doctoral thesis analyzes the legal aspects of civil and religious freedoms of members of the Jewish community by examining the constitutional provisions, legislative acts and regulations governing these matters in our region. The subject matter of analysis is the position of the Jewish community in the Principality of Serbia and the Kingdom of Serbia, as well as in the Kingdom of SCS and the Kingdom of Yugoslavia. In addition to the constitutional provisions which guaranteed the rights of the Jewish community and other communities, the paper focuses on the legislative acts which were productive for the Jewish community as well as on the ordinances and decrees which substantially restricted the rights of the Jews in these territories. In particular, there is a specific reference to the legislative provisions, regulations and orders instituted after the occupation of the Kingdom of Yugoslavia. These measures led to an absolute violation of the Jews' civil rights, which were practically non-existent at the time.

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

    NARCIS (Netherlands)

    Holzhacker, Ronald

    2013-01-01

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

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

    DEFF Research Database (Denmark)

    Bergqvist, Christian

    2011-01-01

    It is often claimed, but rarely in further detail, that IP rights create tensions under competition law and thus merit special considerations. While little can be held against the first, the latter is significantly less evidential if it involves a restrictive, or no application, as strong arguments...

  20. New legislation on civil liability for nuclear facilities

    International Nuclear Information System (INIS)

    2011-01-01

    The criteria followed by the new regulation is to both qualitatively and quantitatively broaden the liability of a nuclear power plant operator. This increase, in both senses, goes above and beyond what the traditional insurance market is technically in a position to handle. This has resulted in the need for public funds to cover what the insurance companies cannot. Enforcement of the requirements of the new regulation has been postponed because most of the signatory countries have not ratified the 2004 Protocol to the Paris convention. At this time it is difficult to say when this will take place. (Author)

  1. Review of legislation on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    Menendez-Moran, E.

    2011-01-01

    The entry into force of Law 12/2011 is postponed until the Protocols modifying the Paris and Brussels conventions take effect, since their content complements that of the Conventions. The most significant modifications are the extension of the suppositions of nuclear damage, the geographical scope of application and the time period for claiming personal damages, which is accompanied by higher coverage limits of up to 1,200 million euros. It also includes liability for damages caused by radioactive materials in the custody of the installation owner. (Author)

  2. Status of legislation

    International Nuclear Information System (INIS)

    Warner, C.

    1982-01-01

    The status of the House legislation, the major differences between the House and Senate legislation and a preview of what is likely to take place during the lame duck session in December are presented. The House legislation provides: long-term program leading toward permanent disposal of nuclear waste; an interim program for storage and for expansion of storage space for spent fuel; provides an R and D component through what is called a test and evaluation facility; an alternative long-term storage program based on a proposal to be completed by the Department of Energy on what's called Monitored Retrievable Storage; full upfront financing of the program through user fees based on contracts between the government and the users of the nuclear waste disposal services

  3. Status of legislation

    International Nuclear Information System (INIS)

    Gilman, P.

    1982-01-01

    The Senate passed 69 to 6 legislation to provide a comprehensive nuclear waste policy. This legislation restates some things the Department of Energy is already doing. It modifies some others, and in some cases it provides new authorities, principally in those areas of state participation and in the area of financing of the program. Some of the provisions of the Senate bill are: schedule for a number of items in the disposal of nuclear waste, the first being an area referred to as away-from reactor storage; a timetable for geologic disposal; a plan for the long-term storage of nuclear waste for spent fuels; a financing mechanism; and states participation

  4. Implementing the legislation

    International Nuclear Information System (INIS)

    Silverstrom, L.

    1982-01-01

    Leon Silverstrom explained how nuclear waste disposal legislation would be implemented. The legislation provides a framework that recognizes the tremendous number of views and opinions on the subject and provides a mechanism that will allow all these interests to be expressed before final decisions are reached. Implementing procedures are outlined for: (1) the final repository; (2) interim or last resort storage; (3) research and development; (4) the monitored retrievable storage phases. The whole process will involve: environmental assessments and licensing requirements for each phase; construction of a test and evaluation facility; provision for sharing information with the states and interested parties; and procedures for public hearings and state rejection of propoped sites

  5. Civil Code, 11 December 1987.

    Science.gov (United States)

    1988-01-01

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

  6. EUROPEAN CIVIL CODE BETWEEN DESIDERATUM AND REALITY

    Directory of Open Access Journals (Sweden)

    Liviu-Bogdan Ciucă

    2015-11-01

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

  7. Civil liberties and nuclear terrorism

    International Nuclear Information System (INIS)

    Goldberg, S.

    1987-01-01

    The importance of preventing nuclear terrorism is so great that it is easy to believe that the usual concern with civil liberties must take a back seat. But it is precisely when emergencies are invoked that the authors must not forget the importance of freedoms. Emergency powers are easily abused, and, even in the absence of abuse, mistakes can be made. It is hard to understand why they care about civil liberties if every suspect is guilty, every wiretap is necessary, and every search is justified. But sometimes suspects are innocent, wiretaps are used for political ends, and searches disrupt lives to no end. Civil liberties do not exist in a vacuum. If society is destroyed, civil liberties are likely to be destroyed as well. Virtually every legal doctrine this study addresses involves a recognition that individual rights must be balanced against valid social needs. The civil liberties focus on here fall under the general headings of freedom of speech and association, privacy, due process rights for suspects, and freedom from unreasonable searches and seizures. One essential point applied to all these areas: although a counterterrorist activity is legal, that does not mean the activity has no impact on civil liberties. It may be legal, for example, to have a massive federal police force that provides hundreds of guards for every shipment of plutonium. Even so, that procedure still raises civil liberties concerns, since many Americans would feel less free in a society of that type

  8. Brazilian nuclear legislation. Revision n.1/2002; Legislacao nuclear brasileira. Revisao n. 1/2002

    Energy Technology Data Exchange (ETDEWEB)

    Matos, Gilberto Cardoso de

    2002-07-01

    This work intends to facilitate the access to the Brazilian nuclear legislation and other legal instruments, foreseeing the use of nuclear energy and ionizing radiation in health, work and environment areas up to 2002. Legislation on the civil liability of nuclear damage, the law of licensing taxes, controlling and inspection are also included.

  9. Recent US legislative actions

    International Nuclear Information System (INIS)

    Daniel, P.

    1987-01-01

    A view on legislative events in the US from the outside is presented. The author comments on the general principles and advantages of free trade against the possibility of an embargo into the US on uranium, on the issue of sanctions against South Africa, and Namibia, and how these issues affect the world market for uranium

  10. Nuclear Regulatory legislation

    International Nuclear Information System (INIS)

    1984-06-01

    This compilation of statutes and material pertaining to nuclear regulatory legislation through the 97th Congress, 2nd Session, has been prepared by the Office of the Executive Legal Director, U.S. Nuclear Regulatory Commission, with the assistance of staff, for use as an internal resource document

  11. Notoriety for Profit Legislation.

    Science.gov (United States)

    1987-01-01

    this study is a relatively new and important area in victimology known as "Notoriety For Profit Legislation". The study contains descrip- tions...in the area of victimology require further study. I BIBLIOGRAPHY Books Bard, Morton, and Dawn Sangrey. The Crime Victims Book. New York: Basic Books

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

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Agim Nuhiu

    2014-02-01

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

  13. Mitigating Against Conflicts in the Kenyan Mining Cycle: Identification of Gaps in the Participation and Recourse for Rights Holders (Civil Society & Community

    Directory of Open Access Journals (Sweden)

    Anyona Seroni

    2017-01-01

    Full Text Available One of the major obstacles to sustainable development of the mining sector in Africa is conflicts. These conflicts emanate from various sources. However one of the key sources of misunderstanding is lack of communication between the rights holders (community and duty bearers (government and corporate and this breakdown of communication is due to poor or nonexistent mechanisms of involvement of affected communities in decision making and ignorance. This study sought to examine the Kenyan Mining cycle and identify procedural and systemic gaps that if not addressed could trigger conflict in the emerging mining sector and suggest ways of mitigating them. Key among the greatest barriers to communal participation is ignorance regarding mining activities and also the language of instruction. Most rural people are uneducated and yet a large number of communication and notices are in English. Poor management of expectations is also a critical source of misunderstanding and hence conflict. Poor communal organization and lack of some sort of recognized authority give room for disorder and hence poor channels of communication.

  14. Etica civile e beatitudini evangeliche

    Directory of Open Access Journals (Sweden)

    Nicola Colaianni

    2014-02-01

    Full Text Available Il contributo, sottoposto a valutazione, riproduce il testo dell’intervento nel dibattito a due voci (con il presidente della Corte costituzionale, Gaetano Silvestri a conclusione del convegno “La Bibbia sulle strade dell’uomo” (Messina, 23 novembre 2013, ed è destinato alla pubblicazione negli Atti.SOMMARIO: 1. L’etica civile come etica costituzionale – 2. L’etica evangelica – 3. Irriducibilità? – 4. La promessa e il terzo – 5. La libertà – 6. Il tratto di cammino insieme.  Civil Ethic and Evangelical Beatitudes ABSTRACT The differences between civil ethic and religious ethic, that the Author defines as constitutional principles and evangelic Beatitudes, are well known: it’s common knowledge that the ones are effective in the earthly life while the others are oriented to the eternal life. Nevertheless the Author argues that they both have a common feature before that last analysis: they cross as principles of continuing opposition to unjust society, to “unlawful law”, to spreading apart between the constitutional and evangelic must be and the legislative being of positive law.KEY-WORDS: Civil Ethic – Constitution – Evangelical Beatitudes – Differences - Common Feature.

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

    Directory of Open Access Journals (Sweden)

    Anokhin Yu.V.

    2014-12-01

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

  16. Specific legislation on biobanks in Spain.

    Science.gov (United States)

    García-Merino, Isabel Ma; Consuegra, Irene; Jiménez, José Luís; Muñoz-Fernández, Ma Ángeles

    2015-06-01

    Spain has enacted specific legislation concerning biobanks. This legislation regulates how biobanks should be set up, how they should operate, and the requirements they need to comply with. The main objective of this legislation is to keep a good balance between scientific progress and respect for the rights and freedom of individuals participating in research. Therefore, this legislation lays down a series of basic principles, for instance, the principle to inform donors accurately i) on the deposit of samples in terms of the objectives and implications of their donation and on the need to obtain written consents; ii) on the obligation to establish consistent procedures to guarantee the confidentiality of personal data associated with and obtained from biological samples; iii) on the concept of free sample donation either by donors or by biobanks; iv) on the need for consistent procedures to deposit samples and data in biobanks; and v) for acts of donation and data for research projects to be performed correctly. Although this Spanish legislation fulfills its objectives, it has some drawbacks; mainly it overprotects research participants. This issue should be analyzed in future revisions of the legislation.

  17. Nuclear Regulatory Legislation

    International Nuclear Information System (INIS)

    1989-08-01

    This compilation of statutes and material pertaining to nuclear regulatory legislation through the 100th Congress, 2nd Session, has been prepared by the Office of the General Counsel, US Nuclear Regulatory Commission, with the assistance of staff, for use as an internal resource document. Persons using this document are placed on notice that it may not be used as an authoritative citation in lieu of the primary legislative sources. Furthermore, while every effort has been made to ensure the completeness and accuracy of this material, neither the United States Government, the Nuclear Regulatory Commission, nor any of their employees makes any expressed or implied warranty or assumes liability for the accuracy or completeness of the material presented in this compilation

  18. THE NEW BORDER OF ACCESS TO JUSTICE: THE TRANSNATIONAL JURISDICTION AND THE MECANISMS OF INTERNATIONAL JUDICIAL COOPERATION IN BRAZILIAN CIVIL PROCEDURE CODE OF 2015

    Directory of Open Access Journals (Sweden)

    Flávia Pereira Hill

    2017-08-01

    Full Text Available The present article aims to analyze the international jurisdiction as a new border of access to justice nowadays, able to provide the necessary means to guarantee the observance of rights discussed in international conflicts. The article also studies the mecanisms of international judicial cooperation in the Brazilian Civil Procedure Code of 2015, in order to verify how Brazilian legislators tried to rule the theme in the recent codification.

  19. Draft Legislative Proposals

    DEFF Research Database (Denmark)

    Turcan, Romeo V.; Bugaian, Larisa; Niculita, Angela

    2015-01-01

    the objectives of the legislative proposals; discusses risks and challenges that HE in Moldova faces today and in the next 10-15 years; identifies expected outcomes; identifies basic principles on which the process will be founded; proposes a new structure for the HE sector; offers an example...... and responsibilities; suggests a distinct separation between governance and management; suggests teaching and research funding formulae based on inputs and outputs; and outlines a new National Qualifications Framework....

  20. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    2016-01-01

    - Poland: Organisation and structure; 7 - Slovak Republic: International co-operation, Nuclear security (Entry into force of the Amendment to the Convention on the Physical Protection of Nuclear Material; Act No. 91/2016 Coll. on Criminal Responsibility of Legal Persons), Liability and compensation (Newly adopted Civil Procedural Code); 8 - Slovenia: Nuclear safety and radiological protection - including nuclear emergency planning (Decree on the program of the systematic monitoring of working and living environments and raising awareness about measures to reduce public exposure to natural radiation sources; Rules on authorised experts for radiation and nuclear safety); 9 - United States: General legislation, regulations and instruments (Nuclear Regulatory Commission approved a final rule amending licensing, inspection and annual fee regulations to establish a variable annual fee structure for light-water small modular reactors)

  1. Causation as an Element of Civil Structure of Damages

    Directory of Open Access Journals (Sweden)

    Iliya M. Lipen

    2016-01-01

    Full Text Available The article deals with the problem of causal nexus in the civil law. Based on analysis of respective regulations similar in their contents in both Russian and Belarusian civil law, the author comes to conclusion that casual nexus is both a condition of contractual liability and an element of civil structure of damages at the same time. Emphasizing the fact that neither legislation nor judicial enforcement require a researcher to make a strict separation between these aspects both in Belarus and Russia, the author argues that accentuation of one of the above aspects (namely, casual nexus as an element of civil structure of damages does have its own significance

  2. Stasis and Bellum Civile

    DEFF Research Database (Denmark)

    Lange, Carsten Hjort

    2017-01-01

    David Armitage’s new monograph Civil Wars: A History in Ideas (2017) will undoubtedly long remain a standard reference work. It presents readers with a vision of civil war as part of the longue durée. The argument might be further strengthened, however, if a more inclusive Greco-Roman approach...... to ancient civil war is accepted. This essay focuses on stasis vs. bellum civile, the origins of the concept of civil war, the approach of later Roman writers (such as Appian and Cassius Dio) to the concepts of stasis and bellum civile, and, finally, the question of what makes a civil war a civil war...

  3. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the following National legislative and regulatory activities: 1 - Canada: Liability and compensation; 2 - France: Liability and compensation; Nuclear safety and radiological protection; 3 - Greece: Organisation and structure; 4 - Hungary: General legislation; 5 - India: Liability and compensation; 6 - Japan: Liability and compensation; 7 - Korea: Liability and compensation; 8 - Lithuania: General legislation; Transport of radioactive material; 9 - Slovak Republic: International co-operation; Liability and compensation; 10 - Slovenia: General legislation; 11 - Switzerland: Liability and compensation; 12 - United States: Radioactive waste management

  4. Information report on state legislation

    International Nuclear Information System (INIS)

    Landau, M.

    1983-06-01

    Legislation that would consent to the Central Interstate Low-Level Radioactive Waste Compact has been introduced into Congress as H.R. 3002. Similar legislation is expected to be introduced into the Senate soon. This is the second compact consent legislation to be introduced into Congress this year - the first was the Northwest Compact, introduced in January. States in the Central Compact are AR, KS, LA, NE and OK. Enacted and introduced radioactive waste management legislation in various states is summarized

  5. Pay Equity: A Civil Rights Issue.

    Science.gov (United States)

    Murphy, Joseph S.

    1987-01-01

    The market principle has not worked. Women have long performed work of equal demand as men, but have not been equally compensated for it. Consitutional law prohibits such wage inequities. Society's resources must be more equitably allocated to make up for and correct that unequal treatment. (PS)

  6. 7 CFR 3560.2 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... sale, rental, or advertising of the dwellings, in the provision of brokerage services, or in residential real estate transactions involving Rural Housing Service (RHS) assistance. It is unlawful for a borrower or grantee or an agent of a borrower or grantee: (1) To refuse to make reasonable accommodations...

  7. Legal Regulation of Civil Servants in Russia and Germany Receiving Gifts

    Directory of Open Access Journals (Sweden)

    Svetlana Zimneva

    2015-01-01

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

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

    Science.gov (United States)

    Freckelton, Ian; McGregor, Simon

    2014-03-01

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

  9. Electronic communication in civil litigation

    Directory of Open Access Journals (Sweden)

    Salma Marija

    2014-01-01

    Full Text Available This paper looks into common European and national rules regulating electronic communication in legal matters. Such form of communication in legal matters expedites the procedure. It is also pointed out that electronic communication between the court and the parties to the proceedings, as well as third parties, is conducted through registries, regulated by special regulations, for filing written submissions of the parties and decisions of the court. Legislation regulating electronic communication is intended for litigation in commercial matters. European and national rules do not exclude the possibility of electronic communication in non-commercial litigation provided there is an express consent of the parties to such communication. Although steps towards digitalization have been taken in the Republic of Serbia, legislation regulating electronic service of documents, communication in civil litigation, is still missing. The Civil Procedure Law does not have a separate section regulating the electronic communication in legal matters. However, it cannot be said that the CPC does not set basic principles regulating this form of communication in legal matters.

  10. Unintended consequences of health care legislation.

    Science.gov (United States)

    Thrall, James H

    2011-10-01

    Unintended consequences of health care legislation threaten the financial and social well-being of the United States. Examples of major legislation resulting in unintended and unforeseen consequences include the Social Security Amendments Acts of 1989 and 1993 (the Stark laws), the Balanced Budget Act of 1997, and the Social Security Amendments Act of 1965 (Medicare and Medicaid). Each of these has had unintended financial and social outcomes. Spending for Medicare and Medicaid now equals an unsustainable 23% of the federal budget. Major reasons for unintended consequences include failure to appreciate the complexity of the issues, the open-ended nature of medical advances with attendant increases in costs, the inducement of change in behaviors in response to legislation, and the moral hazard of people spending other people's money. Actions that should be considered to avoid unintended consequences include more involvement of health professionals in the design of legislation, the inclusion of triggers to target review of legislatively defined programs, and the setting of time limits for sun-setting legislation. The ACR has played an important advocacy role and should continue to offer input to legislators, federal policymakers, and other stakeholders. Many opportunities exist to address the current financial situation by reducing the amount of unnecessary care delivered. Both major US political parties need to find the political will to compromise to chart the way forward. Some level of sacrifice is likely to be necessary from patients and providers and other stakeholders. Copyright © 2011 American College of Radiology. Published by Elsevier Inc. All rights reserved.

  11. Civil Law

    International Nuclear Information System (INIS)

    Anon.

    1981-01-01

    If electricity rate payment boycotters withhold parts of the payment due for electric energy supplied, this refusal to pay rates will give the electric utility the right to use its right of lien according to sect. 33 para. 2 of the General Terms and Conditions governing the supply with electricity, gas, district heat and water. This is also applicable if, in the individual case, it is a matter of only small amounts. (orig.) [de

  12. OPINIONS ON THE RIGHT TO NON-DISCRIMINATION

    Directory of Open Access Journals (Sweden)

    Elena Emilia ŞTEFAN

    2015-07-01

    Full Text Available This study aims to analyze the non-discrimination concept, as regulated by the national and foreign legislation. It is important to know that there are international documents which protect the right to non-discrimination, so that these documents will also be contemplated by this study. In Romania, the competent authority established in order to investigate and to apply civil sanctions for the deeds or acts of discrimination is the National Council for Combating Discrimination. In this respect, this study shall be focused on the presentation of the role and the activity of this institution in fighting against discrimination.

  13. New legislation on civil liability for nuclear facilities; Nueva legislacion sobre responsabilidad civil en instalaciones nucleares

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2011-07-01

    The criteria followed by the new regulation is to both qualitatively and quantitatively broaden the liability of a nuclear power plant operator. This increase, in both senses, goes above and beyond what the traditional insurance market is technically in a position to handle. This has resulted in the need for public funds to cover what the insurance companies cannot. Enforcement of the requirements of the new regulation has been postponed because most of the signatory countries have not ratified the 2004 Protocol to the Paris convention. At this time it is difficult to say when this will take place. (Author)

  14. Guidelines for the review of environmental-related legislation ...

    African Journals Online (AJOL)

    The development of legislation for the progressive realisation of the right to access to sufficient food is labelled as an international and national objective. Section 27(2) of the Constitution of the Republic of South Africa, 1996 assigns a compulsory mandate to the South African government to take reasonable legislative and ...

  15. New mental health legislation in South Africa - principles and ...

    African Journals Online (AJOL)

    The Mental Health Care Act has been passed by parliament. There are a number of changes from the Mental Health Act (Act 18 of 1973) and this article outlines the basic principles of the new legislation and several of the procedural modifications which follow. The legislation has a strong human rights focus and addresses ...

  16. Pension legislation for federal public servants in Brazil

    OpenAIRE

    Jardim, Maria Aparecida Chaves [UNESP; Jard, Sidney

    2014-01-01

    This paper addresses the creation of pension funds for federal civil servants in Brazil, analyzing the existing legislation and regulation on this issue. To this end, it takes off based on the genesis of the Brazilian private pension plans, logging the emergence of private funds as well as the existence of various laws and constitutional amendments prior to Law 12.618/2012, which provided for the pension funds system for Brazilian federal public servants. It also identifies proponents and opp...

  17. Governance, veterinary legislation and quality.

    Science.gov (United States)

    Petitclerc, M

    2012-08-01

    This review of governance distinguishes between ends and means and, by highlighting the complexity and differing definitions of the concept, defines its scope and focuses discussion on its characteristics in order to establish an interrelationship between veterinary legislation and governance. Good governance must be backed by legislation, and good legislation must incorporate the principles and instruments of good governance. This article lists some of the main characteristics of governance and then reviews them in parallel with the methodology used to draft veterinary legislation, emphasising the importance of goal-setting and stakeholder participation. This article describes the criteria developed by the Veterinary Legislation Support Programme (VLSP) of the World Organisation for Animal Health (OIE) for assessing the quality of veterinary legislation. It then makes a comparison between the quality assurance process and the good governance process in order to demonstrate that the introduction and proper use of the tools for developing veterinary legislation offered by the OIE VLSP leads to a virtuous circle linking legislation with good governance. Ultimately, the most important point remains the implementation of legislation. Consequently, the author points out that satisfactory implementation relies not only on legislation that is technically and legally appropriate, acceptable, applicable, sustainable, correctly drafted, well thought through and designed for the long term, but also on the physical and legal capacity of official Veterinary Services to perform their administrative and enforcement duties, and on there being the means available for all those involved to discharge their responsibilities.

  18. [On the Decision of the European Court of Human Rights. The S.H. and others against Austria. TEDH 2010/56 of April 1, on human assisted reproduction and its incidence on the European legislative arena].

    Science.gov (United States)

    Vidal Martínez, Jaime

    2011-01-01

    The judgment of ECHR 2010/56 responds positively the appeal on the part of four Austrian citizens (two married couples) against the Austrian state. The applicants complained that the prohibition of sperm and ova donation for in vitro fertilisation as established in the Austrian Law of 1992 amounts to discrimination, against article 14 of the European Convention on Human Rights in conjunction with article 8, which establishes that everyone has the right to respect for his private and family life. After a detailed exposition of the circumstances surrounding this case, the author examines the origin of the practices of artificial insemination and IVF. The author highlights the transcendence of questions linked to extracorporeal fertilisation and human embryology and looks at the European regulation and the doctrine of reproductive rights, paying attention to the widespread use of the abovementioned techniques in the globalised world and the transborder practices in the European territories. The author points out that the current implementation of assisted reproduction techniques and the lack of uniform regulation in the European context might have influenced the above judgment of the ECHR 2010/56, which pronounced that the 1992 Austrian Law of Artificial Reproduction was not in accordance with article 14 of the European Convention on Human Rights, contrary to the judgment passed by the Austrian Constitutional Court eleven years earlier. It was not questioned, and so it was established by the ECHR, that the applicants right to use assisted reproduction techniques is protected by article 8 of the Convention. However, this does not make the estate liable to allow or regulate the abovementioned practices as long as this does not result in discrimination. According to the author, the right to resort to artificial reproduction techniques is contingent and therefore different from the freedom to procreate that is inherent to the human person, and covered under the right of

  19. CIVIL DISOBEDIENCE, NON-VIOLENCE AND CONSTITUTIONAL ...

    African Journals Online (AJOL)

    Rawls, in A Theory of Justice, maintains that violence (or, at least, forms of it) is incompatible with an understanding of civil disobedience as a mode of public address or speeech. The civil disobedient is allowed the right to warn and admonish but he is not entitled to use violence or even threaten violence in order to achieve ...

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

    Directory of Open Access Journals (Sweden)

    Zarina Kamilevna Kondratenko

    2015-09-01

    of national defense and state security. Scientific novelty the article presents the study of the Russian constitutional court and the European court on human rights practices relatedto the issues of property rights of citizens and organizations on real estate. The author discusses the legal positions of the above judicial bodies in order to identify the legal challenges and gaps in the Russian legislation as well as to identify the areas for improvement of the civil legislation. Practical significance the research results can be used for the purposes of lawmaking to improve the standards of domestic constitutional and civil law. Certain provisions may be usedin judicial practice for the consideration and resolution of cases. Research proposals may also find application in the preparation of curricula textbooks and teaching courses on quotCivil lawquot quotLand lawquot quotProprietary rights for real estatequot. nbsp

  1. Navigating SA's climate change legislation

    International Nuclear Information System (INIS)

    Dickey, Suzanne

    2006-01-01

    It is proposed that there should be a legislation to address climate change and Greenhouse Gas Emission Reduction Bill. South Australian Government Greenhouse Strategy and climate change legislation in light of the far-reaching implications this legislation could have on clients, who face the impacts of climate change in the business and natural environment. It is a commitment to reduce greenhouse gas emissions in South Australia by 2050 to 60 per cent of 1990 levels

  2. The Political Economy of Collective Labour Legislation in Taiwan

    Directory of Open Access Journals (Sweden)

    James W. Y. Wang

    2010-01-01

    Full Text Available This article provides a seminal analysis of collective labour legislation in Taiwan. A chronological review of Taiwan’s legislative process suggests that the context of incorporation, institutional framework, mechanisms for delivering reforms, and sequence of reforms together shape the legislative outcomes of labour reforms at the collective level. While most labour legislation was revised and passed after the preceding sequence of economic transition, the reform of collective labour rights was greatly constrained by the flexible labour-market structure. In order for politicians to form new alliances with labour organizations, legislation of collective labour rights was a strategy to cultivate support during electoral periods. Consequently, the industrial relations changed following the enactment of substantial reform-oriented labour legislation. Theore-tically, the historical analysis of legislative procedure unveils evolutionary reform paths for collective labour rights in new democracies. At the same time, empirically, Taiwan demonstrates an alternative reform path in combination with incremental steps and progressive agendas. For new democracies of small economy, a window of opportunity for the progress in collective labour legislation remains open today, albeit with limitations.

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

    Directory of Open Access Journals (Sweden)

    Teresa Cristina de Novaes Marques

    2008-08-01

    Full Text Available A historiografia sobre transformações culturais associa modificações no modelo de família a mudanças econômicas de ordem estrutural, tal como industrialização e crescimento da população urbana. A sociedade brasileira mudou radicalmente da segunda metade do século XIX aos anos 1950. Ainda assim, foi preciso um processo de decisão amadurecido no Congresso para ajustar o país legal ao país real. Este artigo examina um aspecto dessa separação: o poder que os maridos detinham como tutores de suas esposas. Em termos metodológicos, são examinados os debates parlamentares sobre direitos de mulheres casadas em dois momentos históricos: nos anos 1930 e 1950.The branch of historiography that studies cultural changes relates modifications to family models and structural economical changes, such as industrialization and growth of urban life. Brazilian society, for instance, changed radically between the second half of the 19th Century and the 1950s. Even so, adjustments between legality and reality took a long time to mature in the Parliament. This article examines one aspect of such discrepancies between legal and real world: the tutorial power of husbands over their wives. In methodological terms, the article analyzes parliamentarian debates on women's civil rights in two moments of the history of Brazilian political institutions: in the1930s and in the 1950s. It examines which forces interacted to make institutional changes concerning women in Brazil along this period a viable option.

  4. The flat's co-property in the new civil code

    OpenAIRE

    Velas, Michal

    2015-01-01

    This thesis analyzes two issues. In the first, more extensive and more significant issue the author focuses on residency co-ownership in new Civil Code. In comparison with previous legislation, the new one brings slight shift in understanding of this comprehensive legal institute. New Civil Code uses term residency co-ownership instead of flat ownership, thus, apart from securing housing needs, emphasizing house co-ownership. Part of this thesis is dedicated to accessory co-ownership, as spec...

  5. Chapter No.2. Legislation

    International Nuclear Information System (INIS)

    2002-01-01

    UJD as the central body of state administration prepares legislation within their competency and sets also binding criteria in the field of nuclear safety. Based on provisions of the 'Atomic Act' the preparation of rest regulations has continued. Following drafts of 5 were prepared regulations in 2001 and then they were sent for comments to various ministries by UJD: (a) Regulation on safety requirements for design of nuclear installations; (b) Regulation on safety requirements for commissioning and operation of nuclear installations; (c) Regulation on safety documentation; (d) Regulation on periodic safety assessment; (e) Regulation on safety requirements for siting of nuclear installations. Two following UJD safety guides were published in 2001 as the part of edition 'Safety of Nuclear Installations': (a) BNS I. 11.2/1999 'Requirements for performance of safety analyses for ATWS' (b) BNS II.3.1/2000 'Evaluation of acceptability of faults detected during the operation inspection of nuclear installation selected equipment'. As UJD is responsible for performance of such reviews according to law No. 264/1999 Coll. on conformance assessment of products about 10 drafts of technical standards were reviewed. UJD provided documentation to the Slovak Republic position document related to Chapter 14 - Energy which was submitted to the European Union (EU). The set of recommendations related to nuclear safety was elaborated by the special working group on atomic question which was established by the EU Council. Their implementation is required as a prerequisite to close negotiations on Chapter 14 - Energy. The schedule of necessary safety related measures was agreed in co-operation with the SE a.s. and the Ministry of Economy and submitted as additional information for negotiations to the EC. The negotiations on Chapter 14 - Energy were successfully closed in October 2001. The activities in the area of Chapter 22 - Environment were concentrated on submission of necessary data

  6. From Disability Rights to the Rights of the Dying (and Back Again

    Directory of Open Access Journals (Sweden)

    Harold Braswell

    2017-12-01

    Full Text Available This article argues for civil rights for dying people. The creation of such rights should be understood as complementary to, but distinct from, existing initiatives to provide dying people with social benefits. A basis for rights for terminally ill people can be found in the disability rights movement. Through an ethnographic case study of two dying individuals, I argue that terminally ill people can be subjected to disability discrimination as it is understood within the dominant theoretical framework of disability rights: the social model of disability. Nevertheless, while disability rights provides a theoretical basis for understanding discrimination against people who are dying, existing U.S. disability rights legislation largely does not recognize, nor address this discrimination. For this reason, it is necessary to develop a separate set of rights of the dying. I conclude by arguing that such “dying rights” are a logical extension of disability rights, and will bring ancillary benefits to both disabled people and the disability rights movement itself. There is thus a strong foundation for a legal and political alliance between disability rights advocates and advocates for people who are dying.

  7. Stricter antitrust legislation?

    International Nuclear Information System (INIS)

    Heller, W.

    2007-01-01

    In November 2006, the German Federal Ministry of Economics sent a ministerial draft bill on combating price abuses in the energy supply and food trade sectors to the trade associations for comment. The bill must be seen as part of a set of measures of the federal government seeking to improve conditions for more competition in the energy sector. An omnibus law is to add a new Section 29 to the Act against Restrictions on Competition (Antitrust Act). The addition is to bear the heading of 'Power Economy' and has been designed to prevent a utility (vendor of electricity, gas, and district heat) from abusing its position on a market which it dominates either alone or together with other utility companies. Depending on the interests involved, comments on the draft bills differ. On the whole, this tightening up of antitrust legislation is preceived more as a repair job. Stricter antitrust provisions absolutely must also be seen in their European dimension. European firms not falling under this stricter antitrust law enjoy advantages over German firms. (orig.)

  8. Civil disobedience, feminism and body

    Directory of Open Access Journals (Sweden)

    Rosalía Romero Pérez

    2015-12-01

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

  9. [Patients' rights].

    Science.gov (United States)

    Bert, Giorgio; Morello, Enrico; Quadrino, Silvana

    2018-02-01

    Forty years have passed since the publication of the "Patients' Rights Charter" (included in a separate section at the end of the work: "Patients' rights: a critical guide to understanding and usage of civil hospital facilities"), but it still remains remarkably topical. We here provide an analysis of the original Charter (1975) taking into consideration the changes that have occurred in sensitivity to gender, cultural as well as socioeconomic differences, the right to body privacy and to continuity of care, the key role of general practitioners, the reciprocal relations in the information and decision-making processes with shared diagnostic and therapeutic pathways and active patient participation, which mandates that adequate education in communication and care strategies be provided to all caregivers.

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

    Directory of Open Access Journals (Sweden)

    Lucie Cviklová

    2012-01-01

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

  11. The impact of safety legislation

    International Nuclear Information System (INIS)

    Turner, J.L.; Gill, J.R.

    1989-01-01

    The impact of medicines legislation for radiopharmaceuticals is discussed with regard to product licensing, production and quality control, marketing authorisation within the EC, licensing exemptions and authorisation for administration. As regards safety legislation for radiopharmaceuticals the requirements of the Ionising Radiations Regulations 1985 are outlined. (UK)

  12. 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,

  13. Trends in outdoor recreation legislation

    Science.gov (United States)

    George H. Siehl

    1980-01-01

    The two decades which have passed since the era of the Outdoor Recreation Resources Review Commission (ORRRC) have been active and fruitful in terms of Federal recreation legislation. The Commission and its final report "Outdoor Recreation for America" strongly influenced the burst of recreation legislation in the 1960's. Even today, the studies prepared...

  14. Legislative and Judicial Information Systems.

    Science.gov (United States)

    Becker, Louise Giovane

    1983-01-01

    Reviews computer applications in judicial, legal, and legislative information activities being used to support litigation and court administration, assist in searching for legislation and laws, aid criminal justice information systems, and provide appropriate bibliographic and reference assistance. Management issues in automating systems are…

  15. Special Section: Human Rights

    Science.gov (United States)

    Frydenlund, Knut; And Others

    1978-01-01

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

  16. Food Irradiation. Standing legislation

    International Nuclear Information System (INIS)

    Verdejo S, M.

    1997-01-01

    The standing legislation in Mexico on food irradiation matter has its basis on the Constitutional Policy of the Mexican United States on the 4 Th. article by its refers to Secretary of Health, 27 Th. article to the Secretary of Energy and 123 Th. of the Secretary of Work and Social Security. The laws and regulations emanated of the proper Constitution establishing the general features which gives the normative frame to this activity. The general regulations of Radiological Safety expedited by the National Commission for Nuclear Safety and Safeguards to state the specifications which must be fulfill the industrial installations which utilizing ionizing radiations, between this line is founded, just as the requirements for the responsible of the radiological protection and the operation of these establishments. The project of Regulation of the General Health Law in matter of Sanitary Control of Benefits and Services, that in short time will be officialized, include a specific chapter on food irradiation which considers the International Organizations Recommendations and the pertaining harmonization stated for Latin America, which elaboration was in charge of specialized group where Mexico was participant. Additionally, the Secretary of Health has a Mexican Official Standard NOM-033-SSA1-1993 named 'Food irradiation; permissible doses in foods, raw materials and support additives' standing from the year 1995, where is established the associated requirements to the control registers, service constancies and dose limits for different groups of foods, moreover of the specific guidelines for its process. This standard will be adequate considering the updating Regulation of Benefits and Services and the limits established the Regulation for Latin America. The associated laws that cover in general terms it would be the requirements for food irradiation although such term is not manageable. (Author)

  17. Does Law no. 202/2010 Ensure the Acceleration of the Civil Matters’ Settlement?

    Directory of Open Access Journals (Sweden)

    Alexandrina ZAHARIA

    2011-03-01

    Full Text Available In this paper we are trying to offer those practicing law a theoretical and practical approach of some dispositions in Law 202/ October 25, 2010 regarding some measures to accelerate the adjudication of matters, known as the Law on the Small Justice Reform, that amended and completed the Code of Civil Procedure. The law on accelerating justice was adopted only three months and 11 days after the New Code of Civil procedure was published. This law is important due to the content of some dispositions regarding certain institutions of civil procedural law, that have the role intended by the Romanian legislator, to accelerate the determination of matters, institutions that are not found in the New Code. The reform (change in the Romanian civil trials took into consideration the respect of some principles such as the access to justice, equality of the parties in civil lawsuits, the right to due and fair trial as well as the fact that any reform has to guarantee that the judicial system is efficient, answers the necessity of transparency and democracy. Still, the application of the new dispositions of civil procedure, beginning with Law no. 59/1993 and until the coming into force of law on accelerating the determination of matters, namely the past 17 years, the amendments brought to the Code of Civil procedure have not always been beneficial for the Romanian litigant by the fact that they determined different interpretations leading thus to a non unitary judicial practice even within the same institution. The present law is not safe either from critics that some theoreticians and practitioners of law have expressed, being interested in accomplishing the purpose the Romanian legislator has set in that law. In this paper, the authors aim at analyzing the impact of the abovementioned law, regarding the material competence of the tribunal in trials and the requests regarding claims with the object of payment up to 2000 lei; adjudicating the objection to

  18. The Judicial effects of heterologous assisted reproduction in accordance with the civil and family regulations in Mexico

    Directory of Open Access Journals (Sweden)

    Miguel Ángel León Ortiz

    2018-02-01

    Full Text Available This paper analyses the application of bio-technological resources for assisted human reproduction with the concept of filiation, with the understanding that the civil legislation in Mexico City was one of the first in our country that recognized the right to biomedical resources for assisted reproduction (AR as a source to determine the filiation between the children of AR and the spouses or partners who decide to turn to fertility treatment. Other entities of the federation would later adhere to this, although with more specific rules.

  19. Chapter 3. Legislation

    International Nuclear Information System (INIS)

    2000-01-01

    The Nuclear Regulatory Authority of the Slovak Republic (UJD) as central body of state administration prepares legislation within their competency and sets also binding criteria in the filed of nuclear safety. Based on provisions of the 'Atomic Act' there are 16 binding regulations under preparation. In 199 the following regulations were issued by UJD (1) Regulation No. 29/1999 Collection laws (Coll. l.) by which a list special materials and equipment is published. It came into force on 1 March 1999; (2) ) Regulation No. 30/1999 Coll. l. which defines details on maximum limits on quantities for nuclear materials for which there is no presumption of causing nuclear damage. It came into force on 1 March 1999; (3) Regulation No. 186/1999, which determines details to assure physical protection of nuclear installations, nuclear materials and radioactive waste. It came into force on 1 August 1999; (4) Regulations No. 187/1999 Coll. l. on professional competence of employees of nuclear installations. It came into force on 1 August 1999; (5) Regulation No. 198/1999 Coll. l. on accounting and inspection of nuclear materials. It came into force on 1 September 1999; (6) Regulation No. 245/1999 Coll. l. on emergency planning in case in incident or accident. It came into force on 1 October 1999; (7) Regulation No. 246/1999 Coll. l. on documentation of nuclear installations for decommissioning. It came into force on 1 October; (8) Regulation No. 284/1999 Coll. l. on details on transportation of nuclear materials and radioactive waste. It came into force on 15 November 1999. Six UJD safety guide were published last year as the part of edition 'Safety of Nuclear Installations'. UJD provides documentation for screening process of Energy sector and Environment sector as contribution to the accession process to the European Union. The most important subject within the negotiations with the European Commission were safety and operation of the NPP V-1 Bohunice. UJD grants

  20. Addressing adolescent pregnancy with legislation.

    Science.gov (United States)

    Montgomery, Tiffany M; Folken, Lori; Seitz, Melody A

    2014-01-01

    Adolescent pregnancy is a concern among many women's health practitioners. While it is practical and appropriate to work to prevent adolescent pregnancy by educating adolescents in health care clinics, schools and adolescent-friendly community-based organizations, suggesting and supporting legislative efforts to reduce adolescent pregnancy can help address the issue on an even larger scale. This article aims to help nurses better understand current legislation that addresses adolescent pregnancy, and to encourage support of future adolescent pregnancy prevention legislation. © 2014 AWHONN.

  1. Nuclear liability legislation in Slovenia

    International Nuclear Information System (INIS)

    Skraban, A.

    2000-01-01

    This paper gives some basic data about nuclear installations in Slovenia, reviews Slovenian national legislation in the field of third-party liability for nuclear damage, applicability of the international nuclear liability treaties in the Slovenian legal system and outlines some main provisions of national legislation. It also aims to give some facts about history and present status of nuclear insurance pool and the insurance of nuclear risks in Slovenia. Paper finally indicates also some future legislative steps with respect to nuclear third party liability, at national and international level. (author)

  2. Chapter 3. Legislation

    International Nuclear Information System (INIS)

    2001-01-01

    The Nuclear Regulatory Authority of the Slovak Republic (UJD) as the central authority of state administration prepares legislation within their competency and sets also binding criteria in the field of nuclear safety. Based on provisions of the 'Atomic Act' a preparation of remaining 8 decrees have continued. In 2000 the following decrees were issued by UJD: (1) Decree No. 31/2000 Coll on events at nuclear installations. It came into force on 15 February 2000. (2) Decree No. 190/2000 Coll by which details of radioactive waste management and spent fuel management are regulated. It came into force on 1-st July 2000. The following six decrees are at the process of preparation: (a) Decree on quality assurance of nuclear installations, (b) Decree on safety requirements for design of nuclear installations, (c) Decree on safety requirements for commissioning and operation of nuclear installations, (d) Decree on safety documentation, (e) Decree on periodic safety assessment, (f) Decree on safety requirements for siting of nuclear installations. Following five UJD safety guides were published in 2000 as the part of edition 'Safety of Nuclear Installations': (1) BNS I.9.1/1999 Safety of nuclear facilities during decommissioning (issued in April 2000). (2) BNS III.4.1/2000 Requirements on UJD SR permit issue for fuel use in WWER 440 reactors (issued in September 2000). (3) BNS III.4.3/2000 Requirements on assessment of fuel loading for WWER 440 reactors (issued in September 2000). (4) BNS I.2.6/2000 UJD SR requirements on chapter 4 of Safety analysis report 'Core design' (issued in September 2000). (5) NS I.4.2/1996 Use of PSA methodology in the process of regulation by regulatory authority (issued in September 2000). About thirty-five drafts of technical standards were reviewed as UJD is responsible for performance such review according to the law No. 264/1999 Coll. on conformance assessment of products. UJD provided necessary documentation for negotiation positions of the

  3. Montgomery County Council Legislation - Bills

    Data.gov (United States)

    Montgomery County of Maryland — The Council enacts local public laws for the ‘peace, good government, health, and welfare of the county’. The bills dataset contains all legislation considered by...

  4. Information report on state legislation

    International Nuclear Information System (INIS)

    1982-01-01

    Summaries of laws enacted by states, during 1982, dealing with the management of low-level radioactive wastes are presented in this report. Also included are adopted resolutions, introduced legislation and introduced resolutions

  5. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    Anon.

    2009-01-01

    This part gathers the national legislative and regulatory activities. The subjects tackled are as follow: radiological protection (Belgium), transport of radioactive materials (Belgium, France), general legislation (Brazil, Ireland, Republic of Moldova, Serbia, Turkey), third part liability (Japan), radioactive waste management (Korea, Romania, Slovenia, Usa), regime of radioactive materials (Romania), organisation and structure (Switzerland), regime of nuclear installations (Usa), regulations on nuclear trade (Usa). (N.C)

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

    Science.gov (United States)

    Kendall, Tamil

    2009-01-01

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

  7. IAHE Hydrogen Civilization Conception for the Humankind Sustainable Future

    Energy Technology Data Exchange (ETDEWEB)

    Victor A Goltsov; Lyudmila F Goltsova [International Association for Hydrogen Energy, P.O. Box 248266 Coral Gables, FL 33124-0622 (United States)]|[Donetsk National Technical University, 58, Artyom Street, 83000 Donetsk (Ukraine); T Nejat Veziroglu [International Association for Hydrogen Energy, P.O. Box 248266 Coral Gables, FL 33124-0622, (United States)]|[UNIDO-ICHET, Sabri Ulker Sk. 38/4, Cevizlibag, Zeytinburnu, 34015 Istanbul (Turkey)

    2006-07-01

    There are generalized of a novel Hydrogen Civilization (HyCi-) conception of the International Association for Hydrogen Energy. The HyCi-Conception states that at this rigorous, severe historical period the humankind still has a real possibility to save the biosphere and makes living out of humanity be possible and real process. The above objective can be achieved by the only way, the way of advantageous all-planetary work along the direction of ecologically clean vector 'Hydrogen energy {yields} Hydrogen economy {yields} Hydrogen civilization'. The HyCi-Conception includes three constituent, mutually conditioned parts: industrially-ecological, humanitarian-cultural and geopolitical-internationally legislative ones. Legislative-economical mechanism of transition to hydrogen civilization is formulated, and the most important possible stages of HyCi-transition are indicated and discussed. (authors)

  8. IAHE Hydrogen Civilization Conception for the Humankind Sustainable Future

    International Nuclear Information System (INIS)

    Victor A Goltsov; Lyudmila F Goltsova; T Nejat Veziroglu

    2006-01-01

    There are generalized of a novel Hydrogen Civilization (HyCi-) conception of the International Association for Hydrogen Energy. The HyCi-Conception states that at this rigorous, severe historical period the humankind still has a real possibility to save the biosphere and makes living out of humanity be possible and real process. The above objective can be achieved by the only way, the way of advantageous all-planetary work along the direction of ecologically clean vector 'Hydrogen energy → Hydrogen economy → Hydrogen civilization'. The HyCi-Conception includes three constituent, mutually conditioned parts: industrially-ecological, humanitarian-cultural and geopolitical-internationally legislative ones. Legislative-economical mechanism of transition to hydrogen civilization is formulated, and the most important possible stages of HyCi-transition are indicated and discussed. (authors)

  9. Judicial civil procedure dragging out in Kosovo

    Directory of Open Access Journals (Sweden)

    Rrustem Qehaja

    2016-03-01

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

  10. Art as an Exercise of Civil Disobedience

    Directory of Open Access Journals (Sweden)

    Vanessa Sousa Vieira

    2016-06-01

    Full Text Available The right of resistance goes back to the very notion of life in society, because the human being has always shown opposition to unfair rules, disobeying their content. From Thoreau, this resistance was called civil disobedience, translated as political, peaceful, illegal but legitimate act in the face of democracy adopted by constitutional States. As civil disobedience, culture also has the policy as a foundation, it represents a social activity that embodies the very exercise of citizenship, through freedom of expression. Art as a cultural manifestation, therefore, can become a political tool for civil disobedience.

  11. Civil Society and Governance

    DEFF Research Database (Denmark)

    Hulgård, Lars

    An illustration of how important the relationship is between civil society anbd governance. A short historic journey with four snapshots of times and situations that have provided interesting evidence about the connection between civil society and governance. My goal for the short historic journey...... is to make clear and hopefully even verify that providing knowledge about the impact of civil society and citizens’ participation on governance is one of the most urgent research tasks in the current period of time....

  12. Possession as an institute of civil law in Kosovo

    Directory of Open Access Journals (Sweden)

    Kaltrinë Haliti

    2016-03-01

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

  13. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    Anon.

    2010-01-01

    Belarus: general legislation with amendments to laws on the use of atomic energy (2009) and criminal law on acts concerning the use of radioactive sources and administrative law for non criminal violations of radiation safety requirement (2009). Egypt: general legislation with law on activities in the nuclear and radiation field (2010). France: radioactive waste management with a decree establishing a committee on industrial co-ordination of radioactive waste (2010) and third part liability with a law on the recognition and indemnification of victims of nuclear tests conducted by France (2010). Germany: general legislation with a tenth amendment to the atomic energy act (2010), and act on environmental impact assessment (2009) concerning organisation and structure we find a revised version of statutes of the Radiation Protection Commission (2009), about radiation protection we find an act on the protection against non-ionizing radiation (2009), and for transport of radioactive materials we have an ordinance on the international transport of dangerous goods by road (2009). Ireland: In radiation protection we have an order to amend Regulations on active implantable medical devices (2010). Italy: general legislation we have a decree setting out rules for the sitting, construction and operation of nuclear installations (2010). Romania: general legislation with a law on the reorganisation of public authorities (2009). Slovak Republic: general legislation with an amendment of the atomic act (2009). spain: radioactive waste management with a law regulation limited investment companies quoted on the real estate market (2009). Ukraine: general legislation with an overview of recent amendments to laws in the field of nuclear energy (2009). (N.C.)

  14. Legalisation of Civil Wars

    DEFF Research Database (Denmark)

    Buhl, Kenneth Øhlenschlæger

    2009-01-01

    This article is concerned with the legal challenges of regulating civil wars in international humanitarian law. Civil war is not a term used in international law; it falls however, withing the context of the legal term 'armed conflicts not of an international character', although the shorter 'non......-international armed conflict' is used here. Civil wars are usually limited to the territory of a state. Considering that international law is generally concerned with the legal relations between states – being a legal system based on the system of states with states as its subjects – the main question is how civil...

  15. On the history of codification of Hungarian civil law and the new Hungarian civil code

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2014-01-01

    Full Text Available The first part of the paper examines the basic tendencies in the development of the codification of Hungarian civil law in the period of representative and civil society. The second part deals with the new Hungarian Civil Code (2013/14 its content, methods of regulation and its relation to other civil legislation, temporal validity with the adherence to the idea of validity pro futuro, as well as its tendency to harmonize its norms with the guidelines of the European civil law. In accordance with the idea of completeness, the lawmakers incorporated all of the areas of civil law according to the pandecta system - personal law, corporate law with civil association law, family law, obligations and inheritance. The Code is based on the principle of equality of parties in civil relations, the principle of good faith, fraus legis prohibition. Family law is based on specific principles of protection of marriage, family and children. Contract law is based on the freedom of contract, limited by good customs and morality. Tort law is guided by the principle of prohibiting the harm to others, full compensation of material and imaterial damages. Contractual responsibility is regulated separately, so that the tort rules apply if the specific rules of contractual responsibility donot say otherwise. Other grounds for obligations are also regulated, as well as unjustified enrichment, doing business without order or authority, unilateral expression of intention and securities. The grounds for inheritance are contractual, statutory or based on the will. Freedom of disposition by will is limited by statutory rules regulating the forced share. The system of transfer of property ex lege after the death is adopted. The state is a successor if there are no testamentary, statutory or contractual inheritors.

  16. SEVERAL OBSERVATIONS REGARDING THE REGULATION OF THE CONTRACT OF PARTNERSHIP IN THE NEW CIVIL CODE

    Directory of Open Access Journals (Sweden)

    IOLANDA-ELENA CADARIU-LUNGU

    2012-05-01

    Full Text Available Following the model of the Italian Civil Code, of the Civil Code from Quebec, the Swiss and the Dutch ones, the new Romanian Civil Code has adopted the monist conception of regulating the private law relationships, gathering in the same normative act traditional civil law dispositions as well as dispositions that are specific to the commercial relationships among professionals. In this regulating context, one of the fundamental changes the new Civil Code brings is the unification of the legal regime applicable to civil and commercial contracts, with all the consequences that derive from this new legislative approach. This fundamental modification is first determined by the profound change of the character of social, economic and juridical relationships, by the change of the cultural level of the Romanian society, by the closeness of the two branches of civil and commercial law and, last but not least, by the evolution of the business environment. In this line of thought, we can identify important changes in the matter of the contract of partnership which, as regulated by the new Civil Code, constitutes the common law both for the simple partnerships (former civil societies as well as for the commercial companies, to which the special legislation still in force in the matter still applies. In this study we aimed at analyzing the general common features of all associative forms listed by art. 1.888 Civil Code and the new elements in the matter, with critical observations where needed, which take the form of a comparison with the specific legislation in the field from the Civil Codes that served as a source of inspiration for the Romanian legislator.

  17. Effectiveness of Inhalant Abuse Legislation.

    Science.gov (United States)

    Batis, Jeffery C

    2017-01-28

    Since peaking in the 1990s, inhalant abuse has steadily decreased over the past two decades. Concurrently, nearly every state has passed legislation aimed at minimizing inhalant abuse. While males have historically been more likely to abuse inhalants than females, there is no longer a sex effect in self-reported rates of inhalant abuse. The objective of the present study is to evaluate the effect of anti-inhalant abuse legislation on self-reported rates of inhalant abuse, in high school age males and females. Beginning in 1993, the CDC's biannual Youth Risk Behavior Surveillance Survey asked respondents if they have ever used inhalants to get high. Data from these surveys were collected, along with the date of passage of anti-inhalant abuse legislation in 46 of 50 states. ANOVAs were conducted to assess the effect of legislation on self-reported inhalant abuse rates. There were no significant main effects or interactions that demonstrated that inhalant abuse rates decreased in males or females following passage of legislation aimed at decreasing inhalant abuse. Conclusion/Importance: To date, 46 of 50 states have passed laws aimed at minimizing inhalant abuse, and while inhalant abuse rates have been decreasing for the past two decades, there is no evidence that this decline is related to enactment of these laws. Further research is needed to determine the cause of the decrease in inhalant abuse. The laws may benefit from amendments to include options for treatment.

  18. Nuclear regulatory legislation, 104th Congress. Volume 2, No. 4

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-12-01

    This document is the second of two volumes compiling statutes and material pertaining to nuclear regulatory legislation through the 104th Congress, 2nd Session. It is intended for use as a U.S. Nuclear Regulatory Commission (NRC) internal resource document. Legislative information reproduced in this document includes portions of the Paperwork Reduction Act, various acts pertaining to low-level radioactive waste, the Clean Air Act, the Federal Water Pollution Control Act, the National Environmental Policy Act, the Hazardous Materials Transportation Act, the West Valley Demonstration Project Act, Nuclear Non-Proliferation and Export Licensing Statutes, and selected treaties, agreements, and executive orders. Other information provided pertains to Commissioner tenure, NRC appropriations, the Chief Financial Officers Act, information technology management reform, and Federal civil penalties.

  19. Nuclear regulatory legislation, 104th Congress. Volume 2, No. 4

    International Nuclear Information System (INIS)

    1997-12-01

    This document is the second of two volumes compiling statutes and material pertaining to nuclear regulatory legislation through the 104th Congress, 2nd Session. It is intended for use as a U.S. Nuclear Regulatory Commission (NRC) internal resource document. Legislative information reproduced in this document includes portions of the Paperwork Reduction Act, various acts pertaining to low-level radioactive waste, the Clean Air Act, the Federal Water Pollution Control Act, the National Environmental Policy Act, the Hazardous Materials Transportation Act, the West Valley Demonstration Project Act, Nuclear Non-Proliferation and Export Licensing Statutes, and selected treaties, agreements, and executive orders. Other information provided pertains to Commissioner tenure, NRC appropriations, the Chief Financial Officers Act, information technology management reform, and Federal civil penalties

  20. Legislative update: United States

    International Nuclear Information System (INIS)

    Anon.

    2007-01-01

    The US Senate consented to the ratification of the Convention on Supplementary Compensation for Nuclear Damage (CSC) on 4 August 2006. The entry into force of the Convention on Supplementary Compensation will substantially change the face of the international nuclear liability regime. The CSC is a free-standing instrument, open to all states. This means that countries can become party to a new global regime providing for liability and compensation for victims of a nuclear incident, without also having to become a contracting party to the Paris Convention or the Vienna Convention. This is certainly a major step forward given that at the present time, over half of the world's reactors in operation or under construction are not covered by any of the international nuclear third party liability conventions. The CSC creates an instrument by which states can ensure that more money will be made available to compensate more victims for a broader range of damage than ever before. The CSC provides for two tiers of compensation. The first tier, fixed at 300 million Special Drawing Rights, is to be provided by the liable operator. This tier is to be distributed on a non-discriminatory basis to victims both inside and outside of the Installation State. If 300 million SDRs are insufficient to compensate all damage, then contracting parties will be required to contribute to the second tier (the international fund). The amount of this second tier is not fixed, but rather will depend on the number of operating nuclear power plants in contracting parties, and is designed to increase as the number of such plants increases

  1. CIVIL JUSTICE IN SOUTH AFRICA

    Directory of Open Access Journals (Sweden)

    D. Van Loggerenberg

    2016-01-01

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

  2. RECRUITMENT AND PROFESSIONAL TRAINING OF CIVIL SERVANTS

    Directory of Open Access Journals (Sweden)

    Roxana Cristina RADU

    2014-06-01

    Full Text Available An ever increasing feature of public office is the way in which the recruitment and training of civil servants are controlled by legislation. Civil servants are a basic component of public administration but they are also important for labor law because civil service relations have the characteristics of an employment relationship and also specific features resulting from the rules of public law. The relevant expression of the interferences between public and private law for civil servants is recruitment and training. The originality of this article lies in the multidisciplinary character, combining elements of labor law, administrative law and human resources management, character reflected in the bibliography used. Another merit of this study is that the authors correlated the provisions of various laws: Constitution, Labor Code, Law no. 161/2003 on the transparency in exercising public dignities and public functions, Government Ordinance no. 137/2000 regarding the prevention and sanction of all discrimination forms, Government Ordinance no. 129/2000 concerning adults’ professional training.

  3. Dissolution Threats and Legislative Bargaining

    DEFF Research Database (Denmark)

    Becher, Michael; Christiansen, Flemming Juul

    2015-01-01

    Chief executives in many parliamentary democracies have the power to dissolve the legislature. Despite a well-developed literature on the endogenous timing of parliamentary elections, political scientists know remarkably little about the strategic use of dissolution power to influence policymaking....... To address this gap, we propose and empirically evaluate a theoretical model of legislative bargaining in the shadow of executive dissolution power. The model implies that the chief executive's public support and legislative strength, as well as the time until the next constitutionally mandated election...

  4. Apps for Ancient Civilizations

    Science.gov (United States)

    Thompson, Stephanie

    2011-01-01

    This project incorporates technology and a historical emphasis on science drawn from ancient civilizations to promote a greater understanding of conceptual science. In the Apps for Ancient Civilizations project, students investigate an ancient culture to discover how people might have used science and math smartphone apps to make their lives…

  5. Refractions of Civil Society

    DEFF Research Database (Denmark)

    Kuzmanovic, Daniella

    The thesis investigates various perceptions of civil society among civic activists in Turkey, and how these perceptions are produced and shaped. The thesis is an anthropological contribution to studies of civil society in general, as well as to studies on political culture in Turkey....

  6. Producing Civil Society

    DEFF Research Database (Denmark)

    Feldt, Liv Egholm; Hein Jessen, Mathias

    ’ and as such dominates our way of thinking about civil society. Yet, this view hinders the understanding of how civil society is not a pre-existing or given sphere, but a sphere which is constantly produced both discursively, conceptually and practically. Through two examples; 1,the case of philanthropy in the beginning...

  7. Department of Civil Engineering,

    African Journals Online (AJOL)

    USER

    2015-03-02

    Mar 2, 2015 ... Department of Civil Engineering, Faculty of Engineering, Universiti Putra, Malaysia,. Selangor, Malaysia. 2. Department of Environmental and Chemical Engineering, Faculty of Engineering, Universiti. Putra, Malaysia, Selangor, Malaysia. 3. Department of Civil Engineering, Federal University of Technology, ...

  8. Civil engineering work

    International Nuclear Information System (INIS)

    Cousyn, Rene; Goubin, Jean.

    1977-01-01

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

  9. Reconceptualizing Civil Regulation

    DEFF Research Database (Denmark)

    Galang, Roberto Martin; Castello, Itziar

    2011-01-01

    This article re-conceptualizes the notion of civil regulation, through an analysis of 775 projects by firms located in 21 Asian countries, wherein we map the state of civil regulation initiatives in the region. We challenge two established assumptions in the Corporate Social Responsibility....... Finally, we argue that, in Asia, governments act as a structuration mechanism which challenges the current understanding of CSR....

  10. Legislative and other measures taken by government to realise the

    African Journals Online (AJOL)

    Administrator

    provide the framework in which parents can facilitate the realisation of their children's rights.7. The state can fulfil this obligation by taking reasonable legislative and other measures within its available resources to realise everyone's right of access to adequate housing progressively. Therefore, the measures taken to realise ...

  11. Selected developments in South African Labour Legislation related ...

    African Journals Online (AJOL)

    Examples of two such groups are older persons, whose rights are provided for in terms of the Older Persons Act 13 of 2006 and children, whose rights are provided for in terms of the Children's Act 38 of 2005. Persons with disabilities have, however, not yet been the subject of dedicated legislation outlining the content of the ...

  12. Freedom of Information Legislation In Esarbica Member States and ...

    African Journals Online (AJOL)

    This paper addresses the question of freedom of information. It begins by arguing that although all Citizens have the right of access to information, each citizen is entitled to enjoy certain rights that must be protected and must be enshrined in a freedom of information legislation. The paper identifies the major elements that ...

  13. 40 CFR 1508.17 - Legislation.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Legislation. 1508.17 Section 1508.17 Protection of Environment COUNCIL ON ENVIRONMENTAL QUALITY TERMINOLOGY AND INDEX § 1508.17 Legislation. Legislation includes a bill or legislative proposal to Congress developed by or with the significant...

  14. Civil War and Inoperativity

    DEFF Research Database (Denmark)

    Flohr, Mikkel

    2017-01-01

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

  15. Classification Of Human Rights: Modern Approaches

    Directory of Open Access Journals (Sweden)

    Viktor I. Pishhulin

    2014-09-01

    Full Text Available In the article existing doctrinal approaches to the classification of the rights and freedoms of person are revealed. Author suggests to approach a problem of the rights and freedoms of person classification in a historical and chronological order and on this basis to allocate three generations of human rights. In the article the role of human rights in creation of democratic constitutional state is shown. It is emphasized that a main goal of any state – protection of constitutional rights of the personality and providing opportunities for their full practical realization. According to the author, achievements of modern legal and political science can act as a form of insurance from false understanding of human rights. Author analyzes essence and principles of the rights and freedoms of person, reflecting on problems of their classification and protection, scientists create the base for the legislation on human rights development and for their full realization. Due to such understanding of the scientific activity importance the state and scientific community can combine efforts for the achievement of public consent objectives, creation of civil society, development of its institutes. Author proves that an important role in this process is played also by the legal education which carries out educational functions, promotes in the society formation of the legal culture. In the conclusion author explains why a main goal of any state – protection of constitutional rights of the personality and providing opportunities for their full practical realization. In the achievement of this goal the modern state has to consider human rights not as the instrument of political struggle and a factor of games of politics, but as an inherent supreme value.

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

    Directory of Open Access Journals (Sweden)

    L. V. Prudyus

    2016-07-01

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

  17. Roe v. Wade. One step in the right direction.

    Science.gov (United States)

    Veazey, C W

    1998-01-01

    In this commentary, the Executive Director of the Religious Coalition for Reproductive Choice, who is also a Baptist minister, notes that he has long been involved in supporting women as they made reproductive health decisions, including abortion, but only officially joined the pro-choice movement on becoming Director of the Coalition. Like many Black ministers, he became a social activist during the Civil Rights movement and has seen his life affected by many Supreme Court decisions. While his attitude towards abortion has remained the same since the Roe decision, he is increasingly committed to opening a dialogue in the religious community about all issues of sexuality and reproductive health. He is concerned that young adults may not be cognizant of the sacrifices made by previous generations to ensure protection of gains made in civil rights, reproductive rights, and women's rights. The pro-choice movement is beginning to be relevant to larger numbers of people through its education and legislative efforts, and such education is essential to avoid a repeat of the tragedies of the past.

  18. Constitucional limits in the treatment of limited societies in the new civil code Limites constitucionais no tratamento das sociedades limitadas no novo código civil

    Directory of Open Access Journals (Sweden)

    Carla Marshall

    2006-12-01

    Full Text Available The present work has as purpose a study on the treatment dice to the companies of small load and, especially, the limited societies. For so much, it was demonstrated the historical development of manager’s concept and the evolution of the institutes in the compared right and in the brasilian right concerning to those companies. Facilitating to identify, now, the gaps in the legislation ordinary, including the innovations of the New Civil Code, thwarting the constitutional economic order. O presente trabalho tem como finalidade um estudo sobre otratamento dado às empresas de pequeno porte e, em especial, as sociedades limitadas. Para tanto, demonstrou-se o desenvolvimento histórico do conceito de empresário e a evolução dos institutos no direito comparado e no ordenamento pátrio concernentes a essas empresas. Possibilitando identificar, atualmente, as lacunas na legislação infraconstitucional, incluindo as inovações do Novo Código Civil, contrariando a ordem econômica constitucional.

  19. Model Legislation on Student Residency.

    Science.gov (United States)

    Higher Education in the States, 1971

    1971-01-01

    Because of the radical variance in residency requirements from state to state and sometimes from institution to institution, and because of several court cases involving this issue, the Education Commission of the States appointed a Committee to develop (1) a statement of principles for consideration in drafting legislation in connection with…

  20. Seismic maps foster landmark legislation

    Science.gov (United States)

    Borcherdt, Roger D.; Brown, Robert B.; Page, Robert A.; Wentworth, Carl M.; Hendley, James W.

    1995-01-01

    When a powerful earthquake strikes an urban region, damage concentrates not only near the quake's source. Damage can also occur many miles from the source in areas of soft ground. In recent years, scientists have developed ways to identify and map these areas of high seismic hazard. This advance has spurred pioneering legislation to reduce earthquake losses in areas of greatest hazard.

  1. New Legislation on Capitol Hill

    Science.gov (United States)

    Wertman, John

    2016-01-01

    In this brief article, John Wertman describes the evolution of the Every Student Succeeds Act (ESSA) of 2015, the role the American Association of Geographers (AAG) played over the last decade in getting it passed, and the impact the Act has on funding for K-12 geography education. The legislation, while not perfect, includes promising new…

  2. Human Rights in Sino-American Relations

    National Research Council Canada - National Science Library

    Day, Jana

    2002-01-01

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

  3. Reforming Russian civil Procedure

    OpenAIRE

    MALESHIN DMITRY; SILVESTRI ELISABETTA; SITDIKOV RUSLAN; VALEEV DAMIR

    2016-01-01

    The II Annual symposium of the journal Herald of Civil Procedure ‘2015: the Civil Procedure 2.0: reform and Current state’took place on october 9, 2015, at the Faculty of Law of kazan (Volga region) Federal university. the symposium is now an established tradition for the university. In 2015 it brought together in kazan eminent scholars of civil procedure from cities across the whole of russia: Moscow, st. Petersburg, saratov, Ekaterinburg, omsk, samara, Nizhnekamsk and others. this large-sca...

  4. Reforming Russian Civil Procedur

    OpenAIRE

    Dmitry Maleshin; Elisabetta Silvestri; Ruslan Sitgikov; Damir Valeev

    2016-01-01

    The II Annual Symposium of the journal Herald of Civil Procedure ‘2015: The Civil Procedure 2.0: Reform and Current State’ took place on October 9, 2015, at the Faculty of Law of Kazan (Volga region) Federal University.The Symposium is now an established tradition for the University. In 2015 it brought together in Kazan eminent scholars of civil procedure from cities across the whole of Russia: Moscow, St. Petersburg, Saratov, Ekaterinburg, Omsk, Samara, Nizhnekamsk and others. This large-sca...

  5. Home Is Where the School Is: The Impact of Homeschool Legislation on School Choice

    Science.gov (United States)

    Bhatt, Rachana

    2014-01-01

    From 1982-1997, 35 states adopted legislation, referred to as homeschool rights, that explicitly granted families the right to educate their children at home. Using data from the National Household Education Survey, this article examines the impact that this legislation has had on the decision to homeschool a child versus the alternatives of…

  6. Statement of Claim under Kosovo Legislation

    Directory of Open Access Journals (Sweden)

    Nehat Idrizi

    2018-03-01

    Full Text Available “Statement of Claim” represents a topic of special importance for civil proceedings law in the Republic of Kosovo, especially now that this institution is regulated by the provisions of the Law on Contested Procedure (LCP. In this regard, the role of the court (both in the contested and the execution procedure is emphasized in the implementation of this institution during the procedure of realization of subjective civil rights of the parties in the proceedings, or contesting them by the other party, as well as the implementation of the measures through which statement of claim is provided in the execution procedure. Statement of claim may arise if the claimant makes the existence of his claim or his subjective right credible, and if there is a risk that without the statement of claim or the imposition of the preliminary injunction, respondent (opponent of the statement of claim or the opposing party would significantly impede or hamper the realization of the claim in various forms. LCP has provided the conditions under which the statement of claim can be made in the contested procedure, the types of measures, the manner of imposing, as well as legal remedies against the decisions by which the proposed measures for statement of claim may be imposed or rejected. The court may impose a preliminary injunction only in the circumstances when the claimant (stating the claim within the time limit set by the court pays the imposed guarantee amount.

  7. INADMISSIBLE EVIDENCE IN CIVIL PROCEDURE

    Directory of Open Access Journals (Sweden)

    Mihajlo Dika

    2016-01-01

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

  8. The importance of legislative measures on tobacco control in Brazil.

    Science.gov (United States)

    Mirra, Antonio Pedro; Carvalho, Adriana Pereira de

    2017-10-01

    In the tobacco control program, educational, socioeconomic, ecological and legislative actions should be planned. Legislative actions should include the federal, state and municipal spheres, have a primarily preventive purpose and federal reach. Survey of bills presented in both legislative houses at federal level, House of Representatives and Senate (which together form the National Congress) and the resulting laws. In the period from 1965 to 2015, 254 bills were filed with the House of Representatives and, from 1971 to 2015, 68 others were presented to the Senate. In the House of Representatives, of the 254 bills, 68.9% were archived/rejected/returned, 14.9% did not have a result, 12.2% are currently being processed/analyzed by commissions, 2.0% refer to the inclusion of amendments/law annexes, 1.2% were transformed into legal norm/proposition of origin and 0.8% were transformed into laws. In the Senate, of the 68 bills, 19.1% were filed, 33.8% did not have a result, 4.4% were currently being processed, and 42.7% referred to changes in the law. Anti--tobacco actions were more prevalent in the periods 1979-1984 by the AMB, 1985-2007 by MS/INCA, and in 2008-2015 by the ACT. Tobacco control legislation has progressed constantly, with the provocation of legislators from both Houses triggered by the MS/INCA and civil entities committed to smoking control, such as a number of non-governmental organizations (especially the AMB and the ACT).

  9. The importance of legislative measures on tobacco control in Brazil

    Directory of Open Access Journals (Sweden)

    Antonio Pedro Mirra

    Full Text Available Summary Introduction: In the tobacco control program, educational, socioeconomic, ecological and legislative actions should be planned. Legislative actions should include the federal, state and municipal spheres, have a primarily preventive purpose and federal reach. Objective: Survey of bills presented in both legislative houses at federal level, House of Representatives and Senate (which together form the National Congress and the resulting laws. Method: In the period from 1965 to 2015, 254 bills were filed with the House of Representatives and, from 1971 to 2015, 68 others were presented to the Senate. Results: In the House of Representatives, of the 254 bills, 68.9% were archived/rejected/returned, 14.9% did not have a result, 12.2% are currently being processed/analyzed by commissions, 2.0% refer to the inclusion of amendments/law annexes, 1.2% were transformed into legal norm/proposition of origin and 0.8% were transformed into laws. In the Senate, of the 68 bills, 19.1% were filed, 33.8% did not have a result, 4.4% were currently being processed, and 42.7% referred to changes in the law. Anti--tobacco actions were more prevalent in the periods 1979-1984 by the AMB, 1985-2007 by MS/INCA, and in 2008-2015 by the ACT. Conclusion: Tobacco control legislation has progressed constantly, with the provocation of legislators from both Houses triggered by the MS/INCA and civil entities committed to smoking control, such as a number of non-governmental organizations (especially the AMB and the ACT.

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

    Science.gov (United States)

    Parker, Richard G

    2009-11-01

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

  11. Civil Surgeon Info

    Data.gov (United States)

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

  12. Civil & Criminal Penalties

    Data.gov (United States)

    US Consumer Product Safety Commission — When CPSC is involved in a civil or criminal investigations into violations of the Consumer Products Safety Act the Commission publishes final determinations and...

  13. Civil liability related to imaging exams in Brazil

    OpenAIRE

    Fontana, Mathias Pante; Liedke, Gabriela Salatino; Fontoura, Helena da Silveira; Silveira, Heraldo Luis Dias da; Silveira, Heloísa Emilia Dias da

    2015-01-01

    Aim: To analyze all court lawsuits in Brazil in relation to civil liability involving radiographic and tomographic images up to February 2014. Methods: All Brazilian courts were surveyed for “civil liability,” “error,” “radiology,” “radiography,” and “tomography,” returning 3923 second-instance lawsuits. Out of them were excluded labor legislation, health insurance coverage of radiological examinations, and criminal liability cases and 359 were selected. Compliance with expert reports, involv...

  14. The civil liability insurance in the nuclear field

    International Nuclear Information System (INIS)

    Francis, H.W.

    1980-01-01

    The total civil liability of the nuclear facilities operator by nuclear damages against a thirty party is analysed, based on the rules of Paris, Vienna and Brussels conventions. It is also commented the nuclear facilities' operator responsability for the risks caused the reactor and other local installations. Besides, it is mentioned how an insurance policy of civil liability must be made, emphasizing that the insurance contract will always be based on the nuclear legislation of each country according to the international conventions. (A.L.) [pt

  15. Liquor legislation, last drinks, and lockouts: the Newcastle (Australia) solution.

    Science.gov (United States)

    Hoffman, G R; Palazzi, K; Oteng Boateng, B K; Oldmeadow, C

    2017-06-01

    The aim of this study was to determine whether the regional implementation of prohibitive liquor legislation, introduced in order to limit the sale of and access to alcohol, can lead to a sustained reduction in the incidence of assault occasioning facial injury, as seen in patients presenting to a level 1 trauma hospital. A retrospective observational cohort study was conducted to document patients who were identified as an acute hospital presentation of assault occasioning facial injury. The period of study was 2003-2015; this ensured a similar period of time before and after the implementation of the legislation in 2008. A statistical analysis was undertaken to assess the rates of change in oral and maxillofacial (OMF) assault admissions pre and post legislation. The study found that pre-legislation numbers of OMF assaults increased at a rate of 14% per annum and then decreased at a rate of 21% per annum post legislation (31% relative rate ratio reduction). Similar trends were seen for all males, males aged 18-35 years, and males where alcohol was recorded at clinical presentation. The introduction of 'last drinks' and 'lock out' legislation has led to a significant and sustained reduction in assaultive alcohol-related facial injury in Newcastle. Copyright © 2017 International Association of Oral and Maxillofacial Surgeons. Published by Elsevier Ltd. All rights reserved.

  16. Moral autonomy in Australian legislation and military doctrine

    Directory of Open Access Journals (Sweden)

    Richard Adams

    2013-09-01

    Full Text Available Australian legislation and military doctrine stipulate that soldiers ‘subjugate their will’ to government, and fight in any war the government declares. Neither legislation nor doctrine enables the conscience of soldiers. Together, provisions of legislation and doctrine seem to take soldiers for granted. And, rather than strengthening the military instrument, the convention of legislation and doctrine seems to weaken the democratic foundations upon which the military may be shaped as a force for justice. Denied liberty of their conscience, soldiers are denied the foundational right of democratic citizenship and construed as utensils of the State. This article critiques the idea of moral agency in Australian legislation and military doctrine and is concerned with the obligation of the State to safeguard the moral integrity of individual soldiers, so soldiers might serve with a fully formed moral assurance to advance justice in the world. Beyond its explicit focus on the convention of Australian thought, this article raises questions of far-reaching relevance. The provisos of Australian legislation and doctrine are an analogue of western thinking. Thus, this discussion challenges many assumptions concerning military duty and effectiveness. Discussion will additionally provoke some reassessment of the expectations democratic societies hold of their soldiers.

  17. Environmental Legislation in China: Achievements, Challenges and Trends

    Directory of Open Access Journals (Sweden)

    Zhilin Mu

    2014-12-01

    Full Text Available Compared to the environmental legislation of many developed countries, China’s environmental legislation was initiated late, beginning in 1979, but nevertheless has obtained considerable achievements. As many as thirty environmental laws have provided rules regarding prevention and control of pollution, resource utilization, and ecological protection in China. However, China’s environmental legislation still faces a series of challenges and problems, including that the sustainable development concept has not yet been fully implemented, as well as presence of gaps and non-coordination phenomena between laws and regulations, unclear responsibility, imperfect system design, imbalance between rights and obligations, higher impacts resulted from the GDP-centralized economy, lack of operability and instruments in the legal content, as well as difficulty of public participation. In contrast, China’s environmental legislation has improved, as a result of learning from experience in developed countries and introducing innovations stimulated by domestic environmental pressure. Looking into the future, increased attention to environmental protection and ecological consciousness paid by China’s new leaders will bring a valuable opportunity to China’s further development concerning environmental legislation. In the future, there are prospects for the gradual improvement of legal approaches, continuous improvements of legislation to mitigate environmental problems, and more opportunities to strengthen public participation can be predicted.

  18. Transnationalising Civil Society?

    DEFF Research Database (Denmark)

    Jørgensen, Martin Bak

    The paper takes a transnational perspective on developing an analytical framework for understanding how transnationalism interacts with civil society and how immigrant organisations use transnational strategies to challenge the pre-given positions of immigrants within given integration- and citiz......The paper takes a transnational perspective on developing an analytical framework for understanding how transnationalism interacts with civil society and how immigrant organisations use transnational strategies to challenge the pre-given positions of immigrants within given integration...

  19. THEORETICAL ASPECTS REGARDING THE OBLIGATION AS PROVIDED BY THE ROMANIAN LEGISLATION AND THE DOCTRINE

    Directory of Open Access Journals (Sweden)

    Bogdan NAZAT

    2015-07-01

    Full Text Available Taking into consideration the latest amendments of the Romanian civil legislation performed through the Civil code of 2009, as further amended, I consider useful to provide the lecturers with a theoretical overview over one of the most important institution in our legal environment, i.e. the obligation. The analyse will start with an introduction comprising the definition of the obligation as provided by the Civil code aand the doctrina, will continue with the structure of the obligation and, further, will offer an overview of its sources, identifying, inter alia, the articles in the Civil code where such sources are regulated (e.g. contract, law. In the end, the paper will provide a doctrinaire classification of the obligation, outlining the main categories of the obligations.

  20. A Century of Environmental Legislation

    DEFF Research Database (Denmark)

    Cain, Louis P.; Kaiser, Brooks

    2016-01-01

    At the beginning of the 20th century, three intertwined ambitions drove federal legislation over wildlife and biodiversity: establishment of multiple-use federal lands, the economic development of natural resources, and the maintenance of option values. We examine this federal intervention in nat...... depends on the community’s resource endowments. These endowments are defined not only in terms of users’ current wealth accumulation but also from their expected ability to extract utility from natural resources over time....

  1. TENORM legislation - Theory and practice

    International Nuclear Information System (INIS)

    Tsurikov, N.; Koperski, J.

    2002-01-01

    Processing of minerals often increases concentrations of naturally occurring radioactive materials (NORM) in mineral concentrates, products and waste streams. This so-called TENORM (Technologically Enhanced Naturally Occurring Radioactive Materials) phenomenon can result in usually very small increases of radiation exposures to workers and the public. However, proposed international radiation protection standards are likely to bring the TENORM issue into the realm of regulatory concern. Verbatim adoption by the national legislation's of the radiation protection standards like those proposed in the IAEA's 1996 Basic Safety Standards (BSS) would present enormous practical problems. Many industries and industrial practices would, for the first time, become subjected to the provisions of radiation protection legislation. Consequently, registration, licensing, occupational and environmental monitoring, statutory reporting, appointment of appropriately qualified staff, new approaches to the management of minerals and waste labeled as 'radioactive', etc. would be required. This would be mirrored by corresponding demands on the regulatory authorities, needing to provide an increased radiation protection regulatory control. In response to new Australian and other national radiation protection legislation that have incorporated the BSS criteria, this paper illustrates their impact on a number of industries that historically have not been considered as dealing with radioactive materials. The paper also proposes a number of initiatives that could be considered. Nationally, those initiatives should aim at adopting radiation protection legislation that is commensurate with the nature of the minerals industry operations, national circumstances, conditions and interests without compromising rational radiation protection practices. Otherwise, non-judicious application of the BSS would result in major diversions of resources from well recognized occupational health and safety issues

  2. Legislators Urge Carbon Emissions Cuts

    Science.gov (United States)

    Kumar, Mohi

    2007-02-01

    Legislators from the world's largest carbon dioxide (CO2) emitting countries met on 14-15 February in Washington, D.C., to discuss the future of the global climate and strategies to mitigate temperature increases resulting from global warming. The world faces a ``double challenge-how to reduce damaging carbon emissions while still meeting the energy demand that the world's poor need to escape poverty,'' said World Bank President Paul Wolfowitz during a keynote talk.

  3. Right, Ethicity and State in Hegel

    Directory of Open Access Journals (Sweden)

    Pierpaolo Cesaroni

    2017-03-01

    Full Text Available The aim of this article is to give an account of Hegel’s conception of right as a mutual implication of ethical and political life against the backdrop of the modern theories of right, based on the construction of a sovereign will authorized by the procedure of representation and on the notion of a threefold division of the powers of the State. After having clarified Hegel’s definition of State as the actuality of the ethical Idea, I will provide a stepwise reconstruction of the inner logic of the constitution (Verfassung, as it is articulated in its three main moments: the power of the monarch (singularity, the civil society (particularity, and the legislative power (universality. Specifically, I will argue that, from the Outlines of the Philosophy of Right (1820 to the Enciclopedia of 1827 and 1830, passing through the course of 1824/25, Hegel’s texts show the discontinuous development of a broad and original notion of government (Regierung, which, in the §541 of the Enciclopedia of 1830, culminates in the identification of government with the political State. Thus, the traditional distinction of powers ends up being transformed into the articulation of three ruling agencies, which are actively present in every sphere of the constitution, without, however, pretending to reduce or eliminate any of them.

  4. Global Standards of Market Civilization

    DEFF Research Database (Denmark)

    thought, as well as its historical application part II presents original case studies that demonstrate the emergence of such standards and explore the diffusion of liberal capitalist ideas through the global political economy and the consequences for development and governance; the International Monetary...... Fund's capacity to formulate a global standard of civilization in its reform programs; and problems in the development of the global trade, including the issue of intellectual property rights. This book will be of strong interest to students and scholars in wide range of fields relating to the study...

  5. 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.

  6. Features Of Legislation On The Bank Account Agreement Development

    Directory of Open Access Journals (Sweden)

    Mariya Y. Katvickaya

    2014-12-01

    Full Text Available In the present article the basic stages of legislation on bank accounts in Russia development are analyzed. Author research features of accounts regulation in Russian Empire, Soviet Union and in modern conditions. It is noted that active development of operations on bank accounts and emergence of new types of bank accounts in Russia takes place in the second half of the XIX century. Account, at that time was considered as a kind of deposits on demand. In the Soviet period legal regulation of bank accounts and transactions on them was conducted by a quite extensive array of regulations that were adopted by various government agencies. One of the types of bank deposit agreements was the bank account agreement, according to which the banks, on behalf of customers carried out various types of payment transactions. In respect to concentration of considerable mass of payments in credit institutions it became possible to organize of non-cash payments. During the Soviet period of formation and development of civil law contract of bank accounts was an independent civil contract, other than a bank deposit agreement, which was intended to serve citizens and was a separate type of civil contract. In modern conditions for the proper understanding and legal interpretation of legal acts concerning the legal regulation of bank account agreement it is important to know position of the Constitutional Court in respect to this position and judicial practice. It is concluded that in Russian legislation and practice exists a fairly long history of legal regulation of operations with bank accounts. Accumulated practice requires further scientific analysis.

  7. Draft Federal Act of the Russian Federation 'The Civil Liability for Nuclear Damage and its Financial Security'

    International Nuclear Information System (INIS)

    Lebedeva, Yulia

    2014-01-01

    norms of international nuclear law, in particular the relevant provisions of the Vienna Convention, the Brussels Convention on the Liability of Operators of Nuclear Ships of 1962 and the Brussels Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Materials of 1971. In addition, international experience has been analysed, both in the field of civil law and the special legislation on nuclear insurance and for compensation for nuclear damage, in particular: the US Price-Anderson Act (part of the US Atomic Energy Act of 1954), the Swiss Act on Nuclear Third Party Liability of 18 March 1983, the Japanese Law on Compensation for Nuclear Damage (No. 147, 17 June 1961, as amended) and the Canadian Nuclear Liability Act of 1970. The bill establishes the basic principles of civil liability for the operator of a nuclear installation to third parties for nuclear damage, defines a mechanism for its financing and describes special court proceedings for claims for compensation for nuclear damage. It also aims to provide financial guarantees for the protection of the rights and legitimate interests of natural persons and legal entities, as well as the environmental effects of radiation exposure. The elaboration and adoption of such an act in Russia was necessary for a number of reasons, namely: the inability to provide compensation for such damages from the federal budget, the limitation of an operator's own funds to provide for the full recovery of possible harm and the condition of the domestic insurance market, wherein private insurers cannot provide funds in the absence of legislation in this sphere. Although the Civil Code of the Russian Federation provides general rules relating to insurance, it does not contain provisions regarding nuclear damage or nuclear security. Further, while the Federal Act 'Use of Nuclear Energy' contains provisions about nuclear damage, it does not contain any special rules for compensation for nuclear damage or nuclear

  8. 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.

  9. Reforming Russian Civil Procedur

    Directory of Open Access Journals (Sweden)

    Dmitry Maleshin

    2016-01-01

    Full Text Available The II Annual Symposium of the journal Herald of Civil Procedure ‘2015: The Civil Procedure 2.0: Reform and Current State’ took place on October 9, 2015, at the Faculty of Law of Kazan (Volga region Federal University.The Symposium is now an established tradition for the University. In 2015 it brought together in Kazan eminent scholars of civil procedure from cities across the whole of Russia: Moscow, St. Petersburg, Saratov, Ekaterinburg, Omsk, Samara, Nizhnekamsk and others. This large-scale event attracted the attention not only of Russian scholars, but also of legal scholars from abroad: Elisabetta Silvestri (Professor, University of Pavia, Italy, William B. Simons (Professor, University of Tartu, Estonia, Jaroslav Turlukovsky (Professor, Warsaw University, Poland, Stuart H. Schultz (Practising Attorney, USA, Irina Izarova (Associate Professor, Taras Shevchenko National University of Kyiv, Ukraine.The opening ceremony of the Symposium began with greetings to all participants and best wishes for productive discussions. Participants were welcomed with remarks by Marat Khairullin, Deputy Chair of the Supreme Court of the Republic of Tatarstan, Radik Ilyasov, Head of the Federal Bailiff Service of the Republic of Tatarstan, and Ildar Tarkhanov, Academic Supervisor at the Faculty of Law. They expressed their appreciation for the great value of the journal Herald of Civil Procedure in the growth of the science of civil procedure and enforcement procedure, and for its contributions to the development of the judicial system of the Russian Federation.In addition to hearing prepared reports and discussing viewpoints on current issues of civil and arbitration procedure, participants attended presentations by representatives from procedural law periodicals in the frame of the Symposium. The Editor-in-Chief of Herald of Civil Procedure, Damir Valeev, and the Commercial Director of the Statut Publishing House (Moscow, Kirill Samoilov, presented new

  10. A legislator`s guide to municipal solid waste management

    Energy Technology Data Exchange (ETDEWEB)

    Starkey, D; Hill, K

    1996-08-01

    The purpose of this guide is to allow individual state legislators to gain a better understanding of municipal solid waste (MSW) management issues in general, and examine the applicability of these concerns to their state. This guide incorporates a discussion of MSW management issues and a comprehensive overview of the components of an integrated solid waste management system. Major MSW topics discussed include current management issues affecting states, federal activities, and state laws and local activities. Solid waste characteristics and management approaches are also detailed.

  11. Institutional Constraints, Legislative Activism, and Policy Change

    DEFF Research Database (Denmark)

    Citi, Manuele; Justesen, Mogens Kamp

    of regulatory reform in the EU. The rise in the number of legislative proposal, in turn, is affected by the extent of gridlock between the EU’s legislative bodies. These findings show that the Commission steps up its legislative activity when the institutional opportunity space allows for greater policy change.......This paper studies how institutional constraints affect legislative activism, and how legislative activism affects policy change, analyzing the case of the European Union’s legislative process. Our argument revolves around the key role of the Commission in advancing policy change, and emphasizes...... that the Commission can successfully push for increased policy change by increasing its legislative activity when the institutional opportunity space widens. Using a novel panel dataset covering eight policy sectors from 1984--‐2012, we find that the number of legislative proposals significantly affects the extent...

  12. Institutional Constraints, Legislative Activism and Policy Change

    DEFF Research Database (Denmark)

    Citi, Manuele; Justesen, Mogens Kamp

    2016-01-01

    This article presents a study of how institutional constraints affect legislative activism and how legislative activism in turn affects policy change through an analysis of the European Union's legislative process. The argument revolves around the key role of the European Commission in advancing...... policy change, and emphasises that the Commission can successfully push for increased policy change by increasing its legislative activity when the institutional opportunity space widens. Using a novel panel dataset covering eight policy sectors from the period 1984–2012, the article shows...... that the number of legislative proposals significantly affects the extent of regulatory reform in the EU. The rise in the number of legislative proposals, in turn, is affected by the extent of gridlock between the EU's legislative bodies. These findings show that the Commission steps up its legislative activity...

  13. Helping General Physical Educators and Adapted Physical Educators Address the Office of Civil Rights Dear Colleague Guidance Letter: Part II--What Parents Should Know and Do to Ensure Extracurricular Interscholastic Sport Opportunities for Their Children with Disabilities

    Science.gov (United States)

    Tymeson, Garth

    2013-01-01

    The rights of all students to participate in extracurricular programs are required by current law but are often nonexistent, misunderstood, or even sometimes purposely not shared with parents. This article is addressed to parents regarding the rights of their children with disabilities to participate in extracurricular sport activities. Included…

  14. Legislating for weight-based equality: national trends in public support for laws to prohibit weight discrimination.

    Science.gov (United States)

    Puhl, R M; Suh, Y; Li, X

    2016-08-01

    The prevalence of weight discrimination in the United States has led to increasing calls for legal measures to address weight-based inequities on a broader scale. This study examined public support in 2014 and 2015 for three proposed laws prohibiting weight discrimination, and compared findings with public attitudes towards the same laws from 2011 to 2013. An online survey was completed by a diverse national sample of US adults (N=2411) in June-July of 2014 and 2015 to assess their support for anti-discrimination legislation. Public support increased for the anti-discrimination laws from 2014 to 2015, and at least 71% of participants expressed support for each of the laws in both years. Compared with public support documented in 2011-2013, there was a significant increase in support in 2014-2015 for legislation to extend disability protections to individuals with obesity and for laws that would include body weight in existing state civil rights statutes. Consistently, high levels of support (78%) were documented across this 5-year period for laws to address weight-based discrimination in employment. As public approval is a powerful catalyst motivating political will needed to make policy changes, these findings provide important insights and implications for advancing policy-level discourse about remedies for weight discrimination.

  15. Social rights constitutionalism: an antagonistic endorsement

    OpenAIRE

    Christodoulidis, Emilios

    2017-01-01

    The article discusses how we might understand solidarity as the organizing concept behind the institutionalization of social rights. I argue that writing solidarity into social rights constitutionalism carries productive tension into constitutional thinking because it disturbs the smooth passage from civil to political and finally to social rights. Marshall's influential argument that social rights are continuous to civil and political rights has become both the grounding assumption in consti...

  16. Legislations the field of food irradiation

    International Nuclear Information System (INIS)

    1987-05-01

    An outline is given of the national legislation in 39 countries in the field of food irradiation. Where available the following information is given for each country: form of legislation, object of legislation including information on the irradiation treatment, the import and export trade of irradiated food, the package labelling and the authorization and control of the irradiation procedures

  17. 38 CFR 13.3 - State legislation.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false State legislation. 13.3... ADMINISTRATION, FIDUCIARY ACTIVITIES § 13.3 State legislation. Field facility Directors are authorized to... regarding any proposed legislation relating to fiduciary matters will be taken without the approval of the...

  18. 46 CFR 67.132 - Special legislation.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 2 2010-10-01 2010-10-01 false Special legislation. 67.132 Section 67.132 Shipping... legislation. (a) Vessels not otherwise entitled to be operated in the coastwise trade or in the fisheries may obtain these privileges as a result of special legislation by the Congress of the United States. (b) In...

  19. 29 CFR 11.14 - Legislation.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Legislation. 11.14 Section 11.14 Labor Office of the... Administrative Procedures § 11.14 Legislation. Notwithstanding any provisions of this part, environmental assessments or impact statements prepared in connection with requests for new legislation or modification of...

  20. 50 CFR 80.3 - Assent legislation.

    Science.gov (United States)

    2010-10-01

    ... 50 Wildlife and Fisheries 6 2010-10-01 2010-10-01 false Assent legislation. 80.3 Section 80.3... WILDLIFE RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS § 80.3 Assent legislation. A State may participate in the benefits of the Act(s) only after it has passed legislation which assents to the provisions...

  1. Legislative Basis of Pedagogical Education in Japan

    Science.gov (United States)

    Kuchai, Tetiana

    2014-01-01

    Legal framework policy of Japan in the field of education has been analyzed. The problem of influence of legislative materials on the development of education in Japan, its legislative support has been considered. It has been defined that directive materials affect the development of education system in Japan. Legislation policy of the country is…

  2. 33 CFR 276.5 - Legislative history.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legislative history. 276.5 Section 276.5 Navigation and Navigable Waters CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF... Legislative history. Discussion of this legislation is contained in the reports by the Senate Committee on...

  3. WORKERS’ SALARY ACCOUNTING IN COST OF CIVIL ENGINEERING WORKS

    Directory of Open Access Journals (Sweden)

    O. S. Goloubova

    2009-01-01

    Full Text Available A normative method for price formation established in civil engineering determines a procedure of cost formation in respect of any work. However, main problems are still pending in spite of introduction of new estimate-normative РСН-2007-base. The paper considers problems concerning inclusion of workers’ salary in the cost of works, tendencies of the 2008-legislation alterations, their effect on growth of work cost. 

  4. 5 CFR 359.702 - Placement rights.

    Science.gov (United States)

    2010-01-01

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

  5. ALCOHOL RELATED TRAFFIC SAFETY LEGISLATION

    Directory of Open Access Journals (Sweden)

    E.B.R. DESAPRIYA

    2002-01-01

    Full Text Available There is a substantial amount of evidence from experimental studies to indicate that a variety of individual skills are impaired at blood alcohol concentrations (BACs well below 0.05%. Epidemiological studies indicate that the risk of a crash increases sharply for drivers with BACs below 0.05%. The correlation between drunk driving and the risk of traffic accidents has been established on the individual as well as the aggregate level. The BAC level legally permitted is a public policy decision by legislators, while scientists can present experimental and epidemiological evidence indicating the BAC level at which psychomotor skills deteriorate and accident probabilities increase. There is considerable epidemiological evidence to support the fact that the risk of alcohol impaired drivers being involved in traffic crashes rises with increasing BAC's. By contrast, the evidence on the BAC at which a driver should be regarded as committing an offence has been the subject of much debate and various legislative decisions. Historically, per se laws specify BAC levels which are a compromise figure intended to reflect both the point at which a driver becomes significantly more likely to be involved in an accident than a comparative driver with a zero BAC and that which is politically acceptable, but falls within the BAC region of increased accident liability. Therefore, the per se legislation in most countries has not kept pace with scientific progress. This study suggests that if saving lives on the road is an important issue, then, passing laws that incorporate scientific and epidemiological studies, is necessary.

  6. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    2014-01-01

    This section treats of the following activities sorted by country: 1 - Belarus: International cooperation, Organisation and structure, Licensing and regulatory infrastructure, Nuclear safety and radiological protection; 2 - France: Nuclear safety and radiological protection, Radioactive waste management, Environmental protection, Liability and compensation, International co-operation; 3 - Hungary: General legislation, Radioactive waste management, Nuclear security; 4 - Ireland: Nuclear safety and radiological protection (including emergency planning); 5 - Lithuania: Licensing and regulatory infrastructure; 6 - Moldova: Nuclear safety and radiological protection; 7 - Portugal: Radioactive waste management, Nuclear safety and radiological protection; 8 - Slovak Republic: Radioactive waste management, Liability and compensation; 9 - Spain: Radioactive waste management; 10 - Ukraine: Radioactive waste management; 11 - United Kingdom: Organisation and structure

  7. Peer Effects in Legislative Voting

    DEFF Research Database (Denmark)

    Harmon, Nikolaj Arpe; Fisman, Raymond; Kamenica, Emir

    2016-01-01

    Abstract We exploit seating rules in the European Parliament to estimate causal peer effects in legislative voting. We find that sitting next to each other reduces by 13 percent the likelihood that two Members of the European Parliament (MEPs) from the same party differ in their vote. Using...... variation in seating across the two venues of the Parliament (Brussels and Strasbourg), we show that this effect reflects persistent peer influence: a pair of MEPs who have sat together in the past are less likely to disagree on a vote even if they do not sit together during that particular vote....

  8. Qualification Requirements for the Replacement of the Post of State Civil Service of the Russian Federation

    Directory of Open Access Journals (Sweden)

    Vladimir B. Bashurov

    2017-05-01

    Full Text Available This article studies the problems of legal regulation of relations, connected to the establishment of qualification requirements for posts of state civil service of the Russian Federation. It fully analyzes the qualification requirements for a post of the state civil service of the Russian Federation containing some regulatory gaps that reduce the value of the principle of professionalism and competence of civil servants. The article points out the lack of elaboration of qualification requirements to the level of professional education, professional experience, field of study, knowledge and skills that are necessary for the performance of official duties. It highlights the proposals for changes to the federal legislation concerning the regulations in this sphere, based on the analysis of the legislation on the civil service of the Russian Federation and the statistics.

  9. Civil society responds to protection gap

    Directory of Open Access Journals (Sweden)

    Vivienne Jackson

    2006-08-01

    Full Text Available In the absence of mechanisms to protect the populationof the OPT, and the reluctance or impotence of the‘international community’, global civil society activists andhuman rights campaigners – working with Palestinianand Israeli actors – have stepped into the breach.

  10. 17 CIVIL DISOBEDIENCE AND DEMOCRATIC SUSTAINABILITY IN ...

    African Journals Online (AJOL)

    HP

    nihilistic tendencies among young people and also lead to undermining the authority of the state with its good laws as well as the bad laws.1 Socrates wanted people to respect civil authorities whether the authorities were right or wrong and he demonstrated it by not resisting the death sentence placed on him. To Socrates,.

  11. The Human Right to Peace

    Directory of Open Access Journals (Sweden)

    Carlos Villán Durán

    2014-10-01

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

  12. Moral author rights as fundamental rights in Colombia

    OpenAIRE

    Daniela Bernal; Carlos Conde

    2017-01-01

    Authors rights protects artistic, literary and scientific works. This type of IP encompasses two types of rights: moral and patrimonial. Despite of the fact of this, there is a prevalence of author’s economic rights against moral ones. This is due to the influence of Copyright, which subjects the existence of moral rights to patrimonials. This aspect contradicts the essential characteristics of moral rights, perpetuity, inalienability and irrenunciability, elements of the legislation deriving...

  13. Analisys of Book i of the New Code of Civil Procedure: A Reflex of the Phenomenon of Constitucionalization of Civil Procedure

    Directory of Open Access Journals (Sweden)

    Yvete Flavio da Costa

    2016-10-01

    Full Text Available This article aims to analyze the Book I of the New Code of Civil Procedure, called "The civil procedural rules" linking it to the constitutionalization process that civil process has going by after the enactment of the 1988 Federal Constitution. This is because, since its enactment, the Democratic Constitution became maximum vector of the entire legal system, so that all laws must  comply  with  its  principles  and  rules,  under  penalty  of  being  considered unconstitutional. The previous Code, enacted in 1973, before the current Constitution, had no such concern because at that time, the maximum vector law was the Civil Code of 1916. So in that text, there was not some of the fundamental assumptions for valid and regular development of civil procedure, such as contradictory. With that in mind, the legislator brought in this chapter, a kind of law of introduction to civil procedure rules, regulating the application of the process in time and space, and also brings the constitutional principles that were not explicitly present in the encoded text before.. The present article is justified by the need to carry out a deeper study of the constitution of civil procedure, with a view to the subject nowadays. In order to enable the thematic deepening of the subject, it was employed the logical deductive and inductive methods logical, since the research was based on deductive research of new legislation.

  14. Lesbian, Gay, Bisexual, and Transgender Rights: A Human Rights Perspective. Human Rights Education Series, Topic Book.

    Science.gov (United States)

    Donahue, David M.

    This curriculum is intended to further thoughtful examination and responsible action among high school students about lesbian, gay, bisexual, and transgender (LGBT) issues. Unlike other curricula this discussion is not in the context of civil or political rights but in the broader context of human rights. These rights, as defined in the Universal…

  15. Civil society sphericules

    DEFF Research Database (Denmark)

    Tufte, Thomas

    2014-01-01

    the organization strategizes about and seeks to articulate amongst Tanzanian youth. Situated in the ‘perverse confluence’ (Dagnino, 2011) between neoliberal and radical democratic agendas in the communicative practices of civil society-driven media platforms, Femina navigates between identities as an NGO, a social...... movement and a media initiative. In the context of the growing literature on social networking sites and their affordances, dynamics and structures, the case of Femina illustrates how a civil society sphericule emerges within the dynamic co-evolution of new and old media platforms. The study is furthermore...... an example of the difficult shift in civil society practice, from service provision to an agenda of public service monitoring, social accountability and community engagement....

  16. [Body's integumentary restoration after autopsy: legislative, technical and ethical issues].

    Science.gov (United States)

    Delannoy, Yann; Becart-Robert, Anne; Houssaye, Cédric; Pollard, Jocelyn; Cornez, Raphaël; Tournel, Gilles; Gosset, Didier; Hedouin, Valéry

    2013-02-01

    In France, families of the deceased raised concerns as regards to the conditions of restoration of body. If scientists hospital autopsies are organized by the Bioethics Law of August 6, 2004, the forensic autopsies were so far not provided with such a legal framework. The legislator has proposed the creation of a new chapter in the Code of Criminal Procedure institutionalizing forensic activities. This legislative evolution allows the harmonization of practices; forensic pathologists must be involved in these changes by bringing their scientific expertise, notably through improving their autopsy techniques. Copyright © 2012 Elsevier Masson SAS. All rights reserved.

  17. How to kill gamete donation: retrospective legislation and donor anonymity.

    Science.gov (United States)

    Pennings, Guido

    2012-10-01

    Victoria (Australia) is considering retrospective legislation on the abolition of gamete donor anonymity. Retrospective legislation evokes many negative emotions mainly because it is considered unfair. It also makes it impossible for citizens to organize their life with reasonable certainty of the consequences. Introduction of this law for donor anonymity is defended by the right of the child to know its genetic origins. Against this law, people appeal to the right to privacy and confidentiality of the donor. This paper analyses the arguments for and against a retrospective law on donor anonymity by looking at the conditions that should be respected when two principles (the donor's right to privacy and the child's right to genetic information) have to be balanced. It is concluded that the justification for introducing retrospective law is lacking: the conditions are not fulfilled. Moreover, retroactive laws in the context of gamete donation may jeopardize the whole practice by destroying the trust of candidate donors and recipients in the government.

  18. The principle of freedom of contract in civil law of the Republic of Belarus

    OpenAIRE

    BONDARENKO N.L.

    2016-01-01

    Introduction: according to the author of the article, the principle of freedom of contract, secured among fundamental principles of civil legislation of the Republic of Belarus, is not fully implemented in the current legislation. Purpose: to identify legal rules incoherent with the requirements of the principle of freedom of contract and to work out proposals for their correction. Methods: the methodological framework of the research is based on a set of universal, general scientific and spe...

  19. Employment protection legislation in Croatia

    Directory of Open Access Journals (Sweden)

    Marina Kunovac

    2014-06-01

    Full Text Available According to business climate and competitiveness indicators published by international organisations, Croatia is a country with a rigid labour market and a high level of the legal protection of employees. Given that an Act on Amendments to the Labour Act (OG 73/13 entered into force in Croatia in June 2013, this paper examines changes in employment protection legislation in Croatia and Central and Eastern European (CEE countries, as well as in Croatia's main trading partners during the period between 2008 and 2013. A cross-country comparison shows a strong downward trend in legal employment protection in most CEE countries during the observed period, primarily as concerns individual dismissal in the cases of regular employment contracts, while in the case of temporary employment the protection strengthened slightly. On the other hand, despite the adoption of amendments to the Labour Act (LA, Croatian labour legislation governing employment protection for regular employment contracts remains relatively inflexible compared to that in other countries.

  20. GHG legislation: Lessons from Taiwan

    International Nuclear Information System (INIS)

    Huang, W.M.; Lee, Grace W.M.

    2009-01-01

    Taiwan has drafted a Greenhouse Gas (GHG) Reduction Bill in 2006, which is currently undergoing the legislative process in the Congress. The purpose of this study is to reexamine the legal framework and contents of this Bill, evaluate potential problems and propose recommendations. This study advocates that setting the GHG reduction targets should be settled in this Bill. In addition, based on the analysis of international experiences, it is recommenced that emissions trading scheme in the Bill should be focused on large emission sources and the share of allowance auction should be increased to reduce gratis allocation. Furthermore, from the calculation results based on the long-range energy alternative planning (LEAP) model, a conflict is observed for the existing energy policy and GHG reduction efforts in Taiwan. That is, coal-burning power plants will be the most important source of energy for Taiwan in the future. In order to reduce this conflict, the authors have recommended that the Bill should also be integrated with other relevant existing legislation to achieve a complementary effect.

  1. New tendencies in the legal mark give the civil liability for nuclear damages

    International Nuclear Information System (INIS)

    Gil Portela, Rosario; Alonso Gonzalez, Ivonne

    1998-01-01

    The development gives an indispensable legal mark for the execution a nuclear program it includes relative special dispositions to the civil liability for nuclear damages. The existence gives an international regime in this matter and its current improvement, give the one that Cuba is State it leaves, it conditions the inclusion additional requirements in the national legislative system on civil liability relatives to the possible damages that it could cause to the personal one and environment in general a nuclear accident

  2. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the following National legislative and regulatory activities: 1 - Australia: General legislation - Bill to amend the Australian Radiation Protection and Nuclear Safety Act 1998; 2 - France: General legislation - Law No. 2015-992 of 17 August 2015 on the energy transition for green growth; ASN Report on the state of nuclear safety and radiation protection in France in 2014; 3 - Germany: Radioactive waste management - First Ordinance to amend the 2005 Gorleben Development Freeze Ordinance (2015); 4 - Greece: Radioactive waste management - Joint Ministerial Decision establishing the national policy on the management of spent fuel and radioactive waste; 5 - Lithuania: Nuclear safety and radiological protection - Revised requirements for modifications, Plan for enhancement of nuclear safety, New requirements for the commissioning of nuclear power plants, Revised requirements regulating the provision of information on abnormal events; Radioactive waste management - Revised requirements for acceptance criteria for near surface repository; Nuclear security - Revised requirements for physical protection; 6 - Romania: Licensing and regulatory infrastructure - Government Decision No. 600/2014 for approval of National Nuclear Safety and Security; International co-operation - Government Decision No. 525/2014 for approval of the Co-operation Agreement on the radioactive waste management between the French National Radioactive Waste Management Agency (ANDRA) and Nuclear Agency and Radioactive Waste (ANDR) Strategy; Memorandum of Understanding for Co-operation and Exchange of Information in Nuclear Regulatory Matters between the National Commission for Nuclear Activities Control (CNCAN) of Romania and the President of National Atomic Energy Agency (PAA) of Poland; Government Decision No. 540/2015 for approval of the Agreement between the Government of Romania and the Government of the People's Republic of China regarding co-operation in the peaceful

  3. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    2017-01-01

    This section treats of the following National legislative and regulatory activities: 1 - Algeria, Nuclear safety and radiological protection, Executive Decree No. 17-126 of 27 March 2017; 2 - Belgium, Liability and compensation, Law of 7 December 2016 modifying the law of 22 July 1985 on third party liability in the field of nuclear energy; 3 - Canada, Liability and compensation, Ratification by Canada of the Convention on Supplementary Compensation for Nuclear Damage; 4 - France, Radioactive waste management: Decree No. 2017-231 of 23 February 2017 implementing Article L. 542-1-2 of the French Environmental Code (Code de l'environnement) and setting out the provisions of the National Radioactive Material and Waste Management Plan; and Order of 23 February 2017 implementing Decree No. 2017-231 of 23 February 2017 implementing Article L. 542-1-2 of the French Environmental Code setting out the provisions of the National Radioactive Material and Waste Management Plan; Liability and compensation: Order of 10 November 2016 amending the Appendix to the Order of 19 August 2016, setting the list of reduced liability amount sites pursuant to Decree No. 2016-333 of 21 March 2016 implementing Article L. 597-28 of the Environmental Code and relating to third party liability in the nuclear energy field; International co-operation: Decree No. 2016-1225 of 16 September 2016 making public the Protocol to the Co-operation Agreement between the Government of the French Republic and the Government of the Hashemite Kingdom of Jordan for the Development of the Pacific Uses of Nuclear Energy, signed in Paris on 27 August 2008; 5 - Germany, Transport of radioactive materials: New Versions of Ordinances on the Transport of Dangerous Goods (2017); Radioactive Waste Management: Act on the Reorganisation of the Responsibility of Nuclear Waste Disposal (2017); 6 - Lithuania, Nuclear security: Cyber security; Nuclear installations: Free release criteria of buildings and site of nuclear

  4. Civil society and the Health and Social Care Act in England and Wales: theory and praxis for the twenty-first century.

    Science.gov (United States)

    Scambler, Graham; Scambler, Sasha; Speed, Ewen

    2014-12-01

    In this paper we revisit the notion of civil society in the light of recent attempts to privatize health care in England via the passing of the Health and Social Care Act of 2013. This legislation promises a re-commodification of the National Health Service (NHS) in England. The Bill was bitterly contested during its passage through parliament, most vigorously in 2011. Much of the opposition occurred at a time of widespread, global rebellion, most notably in the 'Arab uprisings' and through the 'occupy movement'. Despite a plethora of protests, we argue, a non-porous boundary between what we call the 'protest sector' of civil society and the wider public sphere of the lifeworld has become apparent in England. A good deal of collective action, whether campaign-focused (like opposition to the Health and Social Care Bill) or more generalized (like rejections of corporate greed), has so far proved ineffective, at least in the short-term; no crisis of legitimation is apparent. We highlight a new 'class/command dynamic', leading to oligarchic rule, in the present era of financial capitalism. We use this health care case-study to re-examine the notion of civil society and its changing properties in what Castells calls a 'networked society'. The contribution ends with a discussion of the role of the sociologist re-civil society and the advocacy of both 'action' and 'foresight sociologies'. Copyright © 2014 Elsevier Ltd. All rights reserved.

  5. 1979 New Mexico legislative session: energy issues and legislation

    International Nuclear Information System (INIS)

    Barsumian, L.; Vandevender, S.G.

    1979-10-01

    This report is an account of the energy legislation and associated issues considered during the 1979 session of the 34th New Mexico Legislature. The session's major issue was the federal study of a proposed nuclear Waste Isolation Pilot Plant (WIPP) in New Mexico. A large proportion of time and effort was spent on resolving the state's formal position toward the federal project. However, other energy concerns were also significant even though they were neither as controversial nor as visible as the primary issue. The two most important laws enacted were the Radioactive Waste Consultation Act and the Radioactive Waste Transportation Act. The Legislature considered 47 other energy-related bills, of which 17 were enacted

  6. 1979 New Mexico legislative session: energy issues and legislation. [WIPP

    Energy Technology Data Exchange (ETDEWEB)

    Barsumian, L.; Vandevender, S.G.

    1979-10-01

    This report is an account of the energy legislation and associated issues considered during the 1979 session of the 34th New Mexico Legislature. The session's major issue was the federal study of a proposed nuclear Waste Isolation Pilot Plant (WIPP) in New Mexico. A large proportion of time and effort was spent on resolving the state's formal position toward the federal project. However, other energy concerns were also significant even though they were neither as controversial nor as visible as the primary issue. The two most important laws enacted were the Radioactive Waste Consultation Act and the Radioactive Waste Transportation Act. The Legislature considered 47 other energy-related bills, of which 17 were enacted.

  7. Smoke-free legislation: global reach, impact and remaining challenges.

    Science.gov (United States)

    Gruer, L; Tursan d'Espaignet, E; Haw, S; Fernández, E; Mackay, J

    2012-03-01

    Article 8 of the World Health Organization Framework Convention on Tobacco Control (2005) requires all signatory countries to adopt measures to protect people from tobacco smoke in indoor workplaces, indoor public places, public transport and other public places as appropriate. The aims of this symposium were to review progress across the world, to assess the evidence for the impact of legislation on health, and to identify the continuing challenges in making universal protection a reality. There was agreement that even in countries where strict legislation is enforced, many children continue to be dangerously exposed to parental second-hand smoke in the womb, the home and private cars. The importance of using accurate estimates of the burden of disease caused by second-hand smoke was agreed, in order to present an unassailable case for legislation and enforcement. Copyright © 2012 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.

  8. Historical aspects of the nuclear right development

    International Nuclear Information System (INIS)

    Puig, Diva E.

    1999-01-01

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

  9. Civil responsibilities stemming from environmental damage (ecological transgression and legal system). Responsabilidad civil por danos al medio ambiente (delito ecologico y sistema juridico)

    Energy Technology Data Exchange (ETDEWEB)

    1994-01-01

    This book contains the conferences of the course on civil responsibility by environmental damage. The conferences are: 1.- The EU and the responsibility by environmental damage 2.- Ecological damage 3.- Legislation of environmental damage 4.- Ecoaudits 5,. Environment and law 6.- Environment and the law in the EU.

  10. A RESPONSABILIDADE CIVIL E O MEIO AMBIENTE

    Directory of Open Access Journals (Sweden)

    DELCYLENE VILLALBA SOARES

    2012-06-01

    Full Text Available RESUMOEste artigo tem por finalidade realizar uma análise sobre a evolução da responsabilidade civil e suas teorias, subjetiva e objetiva aplicadas ao meio ambiente. Dentro desta área, deve-se ressaltar que a responsabilidade civil ao meio ambiente, é um assunto de importante relevância para o efetivo controle da depredação ambiental, permitindo que sejam alcançadas as metas propostas como condição de sobrevivência da espécie humana, ou seja, a conservação do meio ambiente e o desenvolvimento econômico social, visando desta maneira, permitir a qualidade e a continuação da vida. Existe o entendimento, que somente com educação ambiental e normas reguladoras fortes, como a penalidade de ter que indenizar quando praticar algum dano ao meio ambiente conseguirá atingir o objetivo maior de preservação. Necessitam-se além de uma mudança na legislação que responsabilize poluidores do meio ambiente, atribuindo-lhes sanções que inibam a prática de tal conduta ilícita e realizando assim, a aplicabilidade da justiça.Palavras-chave:Responsabilidade Civil; Responsabilidade; Meio Ambiente ABSTRACTThis article have objective to realize a analysis about civil responsibility evolution and your theories, subjective and objective apply environment. Inside this area have to stand out that civil responsibility environment, it is a theme very important relevance for environment depredation control effective, permitting have been obtain proposals target like been human survival condition, therefore, environment conservation and social economic development objective permit quality and continuation of life. There is understanding, that only with environment education and strong regulation principle, like penalty has to indemnify when practice some injury of environment, will obtain more preservation. Demand a change on legislation that responsible environment polluter attribute him inhibit sanctions for practice this illicit conduct and

  11. Creative Ventures: Ancient Civilizations.

    Science.gov (United States)

    Stark, Rebecca

    The open-ended activities in this book are designed to extend the imagination and creativity of students and encourage students to examine their feelings and values about historic eras. Civilizations addressed include ancient Egypt, Greece, Rome, Mayan, Stonehenge, and Mesopotamia. The activities focus upon the cognitive and affective pupil…

  12. Nuclear damage - civil liability

    International Nuclear Information System (INIS)

    Simoes, A.C.

    1980-01-01

    An analysis is made of the civil liability for nuclear damage since there is a need to adjust the existing rules to the new situations created. The conventions that set up the new disciplining rules not considered in the common law for the liability of nuclear damage are also mentioned. (A.L.) [pt

  13. Civil Law and Neuroscience

    NARCIS (Netherlands)

    de Kogel, C.H.; Schrama, W.M.; Smit, M.

    2014-01-01

    The relationship between the brain and human behaviour is receiving increasing attention in legal practice. Much has already been published about the role of neuroscience in criminal law, but surprisingly little is known about its role in civil law. In this contribution, the relevance of

  14. What Is Western Civilization?

    Science.gov (United States)

    Birken, Lawrence

    1992-01-01

    Discusses opposing tendencies in the interpretation of Western Civilization. Describes the expanded definition that includes Byzantine and Islamic cultures as heirs of the Greco-Roman cultures. Suggests that a limited definition of Western culture will facilitate a problems approach, emphasize diversity among cultures, and integrate the classical…

  15. Principles of environmental legislation in UN, EU and Republic of Serbia

    Directory of Open Access Journals (Sweden)

    Popov Danica

    2013-01-01

    Full Text Available A key turning point regarding to environmental protection was the United Nations Conference on the Human environment held in Stockholm, in1972. On the Conference was adopted the UN Declaration on the Human environment. On that occasion established fundamental principles of environmental protection. At the Conference, UNEP, held in Rio de Janeiro in 1992. has adopted the UN Declaration on the Environmental protection and sustainable development.. The Council of Europe has adopted a number of documents in which the central part is the protection of the environment. The Council of Europe adopted the following conventions: Convention on the Conservation of European Wildlife and Natural habitats in 1979; Convention on Civil Liability for Damage Resulting from Activities Dangerous to the Environment in 1993; Convention on the protection of Environment trough Criminal Law, in 1998; and European Landscape Convention in 2000. The Constitution of Republic of Serbia proclaims the right to a healthy environment, but also establishes the obligation of all, to conserve and improve it. The fundamental principles of environmental protection system in our county are regulated by the following. The Law on Environmental Protection, The Law on Environment Impact, The Law on Environment Strategic Impact and The Law on Integrated Pollution Prevention and Control. These Laws are aimed towards establishing an environmental management system and providing protection from natural balance degradation. With a great number of Laws in particular sectors of environmental protection, Republic of Serbia received modern legislation, which formed, a good basis for economic and social activities involved in environmental protection.

  16. Resolution on the rights of the child, March 1989.

    Science.gov (United States)

    1989-01-01

    The 81st Inter-Parliamentary Union resolution on the rights of the child includes the following: a background summary of the acknowledges importance of the rights of children contained in the UN's declaration of the Rights of the Child; the proclamation of the International Year of the Child; the International Covenant on Civil and Political rights; the International Covenant on Economic, Social, and Cultural Rights; the irreplaceable role of UNICEF and the work of non-governmental organizations in safeguarding the lives and well-being of children throughout the world; and the consistent work of the Inter-Parliamentary Union in improving the well-being of children. The resolution reviews the needs of children; the importance of the family; and the extreme poverty, malnutrition, hunger, illness, maltreatment, environmental pollution, lack of social provisions for physical and mental development, neglect, physical abuse, abduction, drug abuse, exploitation for labor, prostitution, or pornography that pose a grave threat to the world's children. The economic factors of debt divert important funding from child welfare. The implementation of the concrete provisions in the draft Convention on the Rights of the child asks each Parliament and Government to make the necessary changes in national legislation to align it with the provisions of the Convention. The Union strongly urges parliamentarians the world over 1) to propose new legislation in fields such as taxation, social security, labor, housing, health care, working hours, parental leave as well as education and services that will enable parents to ensure that their children enjoy the best possible conditions for their psychological, physical, intellectual, and emotional development and 2) to follow other recommendations. Economic considerations are addressed with recommendations, and special concerns are enumerated.

  17. The state of civil society participation in Parliament | Muntingh | Law ...

    African Journals Online (AJOL)

    year focus on legislation has provided valuable guidelines in deepening participatory democracy in South Africa. The right to public participation in the work of Parliament has now been consolidated based on the Doctors for Life and King ...

  18. Economic and social rights in the Constitution of Serbia

    Directory of Open Access Journals (Sweden)

    Rapajić Milan M.

    2015-01-01

    Full Text Available The work is an attempt of the author to, in a relatively systematic way, presents the norms of Economic and Social Rights in the Constitution of Serbia from 2006. Before that, in the introduction the author refers to the commonplace with regard to human rights and their institutionalization, constitutionalization and internationalization. The process of institutionalization of human rights was started in England by adoption of the Great Charter of Freedoms (Magna Carta Libertatum in 1215. Constitutionalization of human rights begins with the adoption of the first ten amendments to the US Constitution in 1791. French writers of the Constitution unlike the American in Declaration of the Rights of Man and the Citizen proclaimed certain new rights such as freedom of movement, freedom of assembly, the right to free expression of thought, right to petition or freedom of culture. At first human rights were an asset to limit state power, but with new theories by which the state can not be seen only as a political organization, but as a community that has a socio-economic content, the state must guarantee to the citizens a certain corpus of economic and social rights by Constitution. Economic, social and cultural rights are classified as second generation of rights. Economic and social rights are directed to the fact that individuals are brought to the position that they can enjoy their civil and political rights. These rights, known as social welfare, are rights based on the principles of equality and solidarity, and their purpose is, inter alia, to help to the socially vulnerable members of the community. Constitutional act, which is important for the world the constitutional recognition of these rights is the Weimar Constitution from 1919. which predicted legislative measures to implement these rights. For the internationalization of these rights very important is Universal Declaration of Human Rights from 1948 and the International Covenant on

  19. Critical Care Nurses' Knowledge of Confidentiality Legislation.

    Science.gov (United States)

    Newman, Angela B; Kjervik, Diane K

    2016-05-01

    Health care legislation can be difficult to understand and apply in critical situations where patients may not be physically capable of autonomous control of confidential health information. Nurses are often the first to encounter confidential information about patients. To explore critical care nurses' knowledge of federal and North Carolina state legislation regarding confidentiality. This descriptive, qualitative study included 12 critical care nurses who were asked to describe their knowledge of federal confidentiality legislation and specific knowledge of North Carolina's confidentiality legislation. Critical care nurses were knowledgeable about federal confidentiality laws but demonstrated a need for further education about state-specific legislation. Nurses' application of confidentiality legislation demonstrates their knowledge of confidentiality legislation. To continue the trusting relationship that nurses have traditionally held with patients and patients' families, it is imperative for nurses to remain current about confidentiality legislation. Through education both before and after licensure, correct application of legislation can be achieved. Further research can aid in exploring the intersection between health care legislation and ethics. ©2016 American Association of Critical-Care Nurses.

  20. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    Anon.

    2011-01-01

    This chapter of Nuclear Law Bulletin gathers some documents about national legislative and regulatory activities: - Belgium: Amendment of the Act on classification and security clearances, certifications and security notifications; Czech Republic: Resolution of the government of the Czech Republic on the time schedule of preparatory works for enlarging the nuclear power plant Temelin; Finland: Temporary Amendment to the Nuclear Liability Act; Ireland: Merchant Shipping Act; Romania: Emergency Ordinance on the identification, designation and protection of critical infrastructures; Emergency Ordinance on the control regime of dual-use items; Amendment to the Act on the safe conduct of nuclear activities; Nuclear safety norms on design and construction of nuclear power plants and nuclear safety norms on siting of nuclear power plants; United Kingdom: Establishment of the Office for Nuclear Regulation; United States: Waste Confidence Decision and Rule Update; Response to recent events in Japan

  1. Down the needle! Should public sector nurses in South Africa have the right to strike?

    Science.gov (United States)

    Heunis, C; Pelser, A J

    1997-09-01

    It is often argued that because the public sector provides essential services, it is intolerable that the citizenry be denied its entitlement because of a domestic dispute between civil servants (such as nurses) and the state. In this contribution an attempt is made to unravel a number of ideological, legislative and ethical issues relating to the right of the public sector nurse to strike. Notwithstanding the merits of opposite contentions, it is argued that public sector nurses should, in fact, have the right to strike. If this right is to be legitimized, however, due consideration should be given to problems relating to nurses' labour organisation and preventative measures to ensure minimal harm to patients in the planning and in the course of strike action.

  2. Re-thinking civil disobedience

    Directory of Open Access Journals (Sweden)

    Theresa Züger

    2013-11-01

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

  3. GPS Civil Monitoring Performance Specification

    Science.gov (United States)

    2009-02-10

    This Civil Monitoring Performance Specification (CMPS) is published and maintained at : the direction of the Program Manager for Civil Applications, Global Positioning Systems : Wing (GPSW). The purpose of this document is to provide a comprehensive ...

  4. 28 CFR 104.61 - Limitation on civil actions.

    Science.gov (United States)

    2010-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Leonardo Greco

    1997-12-01

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

  6. Donee's ingratitude: How the judicial practice amended the legislation

    Directory of Open Access Journals (Sweden)

    Cvetković Mihajlo

    2016-01-01

    Full Text Available Although contracts are generally irrevocable, the donor may revoke the donation contract due to the donee's ingratitude. Such circumstances gives rise to an inevitable dispute between the contracting parties, which is commonly resolved in civil litigation proceedings. Given the fact that formal sources of law cannot predict all forms of donee's ingratitude, courts have a creative role in revocation lawsuits. While trying to fill unavoidable legislative gaps, the courts of the former Yugoslav republics have developed the legal standard of 'gross ingratitude', which has been successfully used in the judicial practice. This paper focuses on 24 judgments dealing with different aspects of donee's ingratitude: the relationship between ingratitude and criminal liability; the degrees of ingratitude; the donee's omission which is detrimental to the donor; ingratitude manifested over a longer period of time; and revocation provoked by interference of third parties.

  7. Civility in Classes and Sports

    Science.gov (United States)

    Lumpkin, Angela

    2010-01-01

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

  8. Civil Affairs in Unconventional Warfare

    Science.gov (United States)

    2013-05-23

    Affairs Team CIM Civil Information Management CCDR Combatant Commander CF Conventional Forces CLT Civil Liaison Team CME Civil Military...this strategy from the 1930s to 1940s against the Japanese invaders in China in World War II and then against the Chinese ruling party, the

  9. Civil liability and nuclear coverage: synthesis report

    International Nuclear Information System (INIS)

    1995-01-01

    The report has been written considering the advanced work which has been done by the Expert Committee, sponsored by the International Atomic Energy Agency (IAEA), Vienna, having the purpose to examine the modifications issued in course of Vienna Convention as well as the Paris convention and the complementary Brussels Convention, in view to adapt the legislation to the actual context and to answer the populations expectations. The work has been organized in three majors chapters: the first one in concerned to the damage definition, proposition to the to reach the environment, the prevention and charges. the research and military installations are also considered. The second chapter has been dedicated to the civil responsibility, its limits, financing modes, the national and international legal competence besides the litigation charges due to the nuclear accidents born on the occasion. In the third chapter the insurance considering the damage nature, the capacity to assure liability coverage and the damage management are harmonized

  10. Human Resources Management within Civil Service

    Directory of Open Access Journals (Sweden)

    Victor Teodor Alistar

    2012-12-01

    Full Text Available The main objective of this article is to examine the notion of management, as an area of study which analyses, regulates and renders the theoretical and technical support in order to provide rationality within the processes that unfold in the civil service. In order to accomplish this task, human resources management will be analyzed as a process which relies in exerting four main functions: ensuring, developing, motivating and maintaining the human resources, which are conditioned by external factors that must be taken into consideration, such as: legislative framework, labor force, unions, cultural context (here one includes management practices and philosophy, and economic circumstances. All these factors are considered to have a significant impact on the management of human resources.

  11. Collective rights in a modernizing North - on institutionalizing Sámi and local rights to land and water in northern Norway

    Directory of Open Access Journals (Sweden)

    Audun Sandberg

    2008-07-01

    and constitutional changes in the modern world. The way such changes take place is nowadays more often through the incorporation of various forms of treaties and international charters into national legislation rather than direct negotiations between sovereign states and indigenous ‘tribes’, ‘clans’ or ethnic minority groups. However, when it comes to acknowledging the rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy, these seem to be among the most difficult constitutional processes modern states can undertake. Thus they not only take much longer time than the granting of civil and political rights, but they also involve complex analytical exercises in order to understand the processes connected to the settling of indigenous land claims. This article analyses one such process in a nested and multi-tier system with parallel initiatives for institutional change.

  12. 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...

  13. WHAT HAPPENS WHEN THE JUDICIARY SWITCHES ROLES WITH THE LEGISLATOR? AN INNOVATIVE ISRAELI VERSION OF A MIXED JURISDICTION

    Directory of Open Access Journals (Sweden)

    Haim Sandberg

    2012-09-01

    Full Text Available Civil Law codices are analytic, abstract and removed from the specific influence of particular cases. When rules are codified In Common Law systems they reflect a collection of rulings and not a collection of analytic principles. These differences stem from the nature and the motivations of the legislative enterprise. Civil-continental legislation originates in a legislative initiative “from above”. It is driven by the aspiration for legal harmony and completeness, and was originally formulated by academics. Legislation in the common-law countries results from a "bottom up" effect in which reality dictates the nature of the developing rules, step by step.Civil law systems like Common Law systems accept the supremacy of the statutory law over judge-made law. Yet when the judiciary has the authority or the power to influence the legislative agenda there is a veritable role switch. In a manner resembling continental-style legislation, the court reviewing existing legislation determines an abstract principle, usually in reliance on a particular constitutional text, and it is the legislature that is required to distill the principles into specific legislative norms, a function normally fulfilled by the common law court. The question forming the basis of this paper is the nature of the legislative process and the legislation produced by this kind of relationship. The paper addresses this question through the narrow prism of a detailed examination of a particular Israeli test case in which the Israeli Supreme Court handed down a ruling on a fundamental principle but on its own initiative delegated to the legislature the task of implementing it and providing a specific legislative enactment of this principle, on the basis of which the Court would then rule on the concrete case. The result in this particular case was that the traditional roles of the respective branches were reversed. The practical result of the move to delegate the implementation of

  14. Human Rights Education, Constitutionalism and Their Interrelations in Slovakia.

    Science.gov (United States)

    Kusy, Miroslav

    1994-01-01

    This paper reviews national and cultural traditions that inform human rights consciousness in Slovakia and examines the role of constitutionalism in human rights protection and education on human rights. A prospering civil society is possible only in the context of a well-functioning civil state, making education in human rights and…

  15. Evaluating Human Rights INGOs

    OpenAIRE

    Graffeo, Elizabeth Marie

    2010-01-01

    Over the past several decades, the numbers of international nongovernmental organizations (INGOs) that focus on tackling human rights issues have grown rapidly. These organizations operate internationally and work with governments, legislatures, social movement leaders, activists, donors, and individual citizens. As the number of operating INGOs has risen dramatically, researchers have simultaneously begun to investigate the possibility of creating a global civil society that would govern its...

  16. Homoaffectivity and Human Rights

    OpenAIRE

    Luiz Mott

    2006-01-01

    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 s...

  17. BEFORE THE SALE RIGHTS TO AGRICULTURAL LAND

    Directory of Open Access Journals (Sweden)

    KUSTOVSKA О.

    2017-05-01

    Full Text Available One of the most important problems of the Ukrainian economy is the formation of a civilized land market. We have to admit that the process of formation of private ownership of land in Ukraine entered into a protracted and uncertain nature. Another introduction in Ukraine of the moratorium on sale of agricultural land due to the lack of resolution of many land issues and not sformovat market infrastructure. Because for the majority of producers of agricultural products the sale of lease rights is an innovation. On the sale of lease rights still they are almost not heard, and especially not used in practice, although the possibility of disposal of property rights, which is owned and leasehold, provided by norms of the Civil code of Ukraine. The issue of land bidding (auction is relevant, because the law of Ukraine set the priority of this method of trading in the sale or lease of land. The auction is open and transparent way the exclusion of land resources of the territorial community, that is, eliminates the influence of corruption and receipt of funds in local budgets adds the ability to invest in the economy of human settlements and agriculture. Among the economic benefits to the development industry is not only improving the investment climate, replenishment of budgets of all levels and approaching the level of EU countries in matters of land. Holding of auctions is very attractive from the point of view of filling the local budget, the sale of land has its advantages, namely a quick and significant revenue. The lease right may be alienated in accordance with the current legislation of Ukraine and some legislative solution is not needed. The procedure of land auctions includes the following steps: 1. The organizer of land sales (public authority or local authority determines the list of land plots of state or municipal property and rights thereto, which are exposed at the land auction as separate lots. 2. The decision of a public authority or

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

    Directory of Open Access Journals (Sweden)

    Abiodun Odusote

    2014-12-01

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

  19. 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...

  20. Matters of Responsibility for Marine Pollution under the Legislation of the Russian Federation. (Review of the Main Legislative Acts)

    Energy Technology Data Exchange (ETDEWEB)

    Kolodkin, A.L.; Kulistikova, O.V.; Mokhova, E.M.

    1997-12-31

    International Northern Sea Route Programme, INSROP, is a five-year multilateral research programme. The main phase of the programme started in 1993. The three principal cooperating partners are research institutes in Russia, Japan and Norway. The aim of INSROP is to build up a knowledge base to provide foundation for a long-term planning and decision making by state agencies and private companies etc., for purposes of promoting rational decision making on the use of the Northern Sea route for transit and regional development. This report reviews the main legislative acts of former USSR and the Russian Federation, systematized by the responsibility types: (1) civil (property), (2) criminal and (3) administrative. It also discusses the issues of responsibility for marine pollution in accordance with the draft of the new Merchant Shipping Code of the Russian Federation, which contains sections on liability for damage caused by oil pollution from ships or by transport of hazardous and noxious substances by sea. 18 refs.

  1. Insolvencias. Civil y societaria

    Directory of Open Access Journals (Sweden)

    Gustavo Bordes Leone

    2014-01-01

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

  2. The paradox of civilizing

    DEFF Research Database (Denmark)

    Gilliam, Laura

    As in most other European Countries, immigrants from “non-Western” countries are increasingly perceived as a threat to integration, equality and harmony in Danish society. Especially the immigrant boys are depicted as aggressive, troublesome and in lack of social competencies. This makes this group....../1994:367). In Denmark, the school institution is the principal institution for society’s planned intervention into these structures. It is the institution, which politicians and civilians turn to, when moral panics of social ills thrive. Likewise the school is also given the task of integrating and civilizing ethnic...... minority youngsters, which are seen as a threat to the stability and harmony of Danish society. Based on ethnographic material from 11 months of fieldwork among ethnic minority pupils in two schools in Copenhagen, this paper will look into the schools’ effort to civilize youth of outsider status. Through...

  3. Global frameworks, local strategies: Women's rights, health, and the tobacco control movement in Argentina.

    Science.gov (United States)

    Muñoz Martínez, Hepzibah; Pederson, Ann

    2018-02-23

    The article examines how civil society organisations in Argentina used the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) to frame the country's failure to enact strong national tobacco control legislation as a violation of women's rights in the late 2000s. We analyze this case study through the politics of scale, namely the social processes that produce, reproduce, and contest the boundaries of policies and socio-economic relations. This approach understands how multiple scales overlap and connect to obstruct or enhance the right to health in Latin America. In Argentina, the global organisation of tobacco companies, the reach of international financial institutions and the national dynamics of economic austerity and export-orientation promoted the local production and use of tobacco (leaf and cigarettes) and reproduced health inequalities in the country throughout the 1990s and the early 2000s. Yet, the visible legacy of local and national human rights struggles in the adoption of international human rights treaties into Argentina's national constitution allowed the tobacco control movement to link the scale of women's bodies to the right to health through the use of CEDAW to change national legislation, tackling the social determinants of the tobacco epidemic.

  4. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    Anon.

    2001-01-01

    These columns treat of the legislative and regulatory activities of different OECD countries: Australia (environment protection and biodiversity conservation act and regulations, 1999-2000); Bulgaria (basic standards for radiation protection, 2000); France (decree on the standard tax charged on polluting activities due from operators of installations classified for environmental protection purposes, 2000; amendment of the orders on the transport of dangerous goods by road and by rail, 2000); Georgia (law on nuclear and radiation safety, 1998); Germany (amendments to nuclear legislation implementing EURATOM directives, 2000; amendment to the nuclear third party liability provisions of the atomic energy act, 2001; amendment to the foreign trade ordinance, 2000; ordinance on the treatment of foodstuffs with radiation, 2000; general administrative regulations on radioactivity limits in food and feeds); Ireland (European communities regulations on foodstuffs treated with ionizing radiations, 2000); Japan (law for nuclear sitting area development, 2000; Republic of Korea (amendments to the act on compensation for nuclear damage, 2001); Latvia (act on radiation safety and nuclear safety, 2000); Lithuania (resolution approving the decommissioning program for Unit 1, Ignalina NPP, 2001); Luxembourg (grand-ducal regulations on the protection of the public against the risks resulting from ionizing radiation, 2000; grand-ducal regulations relating to foods and food ingredients treated with ionizing radiation, 2000); Mexico (norm regarding selection, qualification and training requirements for staff of a NPP, 2000; norm regarding solid residue as radioactive waste, 2000); Mongolia (law on nuclear weapons free status and its implementing resolution, 2000); Netherlands (amendment to the nuclear energy act, 2000); Norway (act on radiation and use of radiation, 2000); Pakistan (nuclear authority ordinance, 2001); Poland (atomic energy act, 2000); Spain (royal decree on activities

  5. Characteristics of radiation protection legislation

    International Nuclear Information System (INIS)

    Puig Cardozo, Diva E.

    2001-01-01

    The laws on radiological protection have special characteristics. They can exist laws that regulate dangerous activities that will be also applicable, if it corresponds to the activities that involve radioactive materials. But a law of radiological protection should exist. It foresees the existence of an appropriate regulatory body and specialized institutions, definitions, infractions and sanctions then the respective regulations will be elaborated for the different applications. The objective is to contribute to the development of the nuclear energy in the country and to provide the regulatory basis that assures a reasonable security for radioactive installations. The essential objectives of these laws are: 1. to establish the legislative framework for the development and employment of nuclear energy, without risks, according with treaties and conventions that the countries have approved. 2. To fix the fundamental principles and the conditions of their setting in practice allowing to a specific regulation determining application procedures. 3. To create a structure of regulation of enough authority to be able to control and to watch over in an effective way the authorized activities 4. To guarantee an appropriate financial protection against the derived damages of accidents or nuclear incidents. (author)

  6. Juvenile prison in parallel legislation

    Directory of Open Access Journals (Sweden)

    Lutovac Mitar

    2016-01-01

    Full Text Available The need for punishment of juveniles occurred from the time when there was no clear line separating them from the adult criminal population. At the same time, the evolution of the juvenile punishment is not in itself involve substantial changes to their criminal status. On the contrary, the status of minors in society did not show serious differences regarding the status of young adults, as well as the adult elderly. On the other hand, on the ground of their punishment is recorded deviations that go in the direction of application of mild corporal punishment. Closing the minor was performed in a physically separate parts of the general penal institutions with the use of a lower degree of restrictions while serving juvenile prison. Due to the different treatment of minors during the evolution of their criminal status leads to their different treatment in comparative law. That is why we are witnessing the existence of numerous differences in the juvenile punishment in some countries in the world. On the European continent there is a wide range of different legal solutions when it comes to punishing juveniles. There are considerable differences in the procedure pronouncing juvenile prison and in particular penal treatment of juveniles in penitentiary institutions. For these reasons, the author has decided to show the basic statutory provisions in the part that relates to the issue of punishment of minors in the legislation of individual countries.

  7. Pioneers in partnership: lesbian and gay male couples in civil unions compared with those not in civil unions and married heterosexual siblings.

    Science.gov (United States)

    Solomon, Sondra E; Rothblum, Esther D; Balsam, Kimberly F

    2004-06-01

    This study compared 212 lesbians and 123 gay men who had civil unions in Vermont (during the first year legislation made this available) with 166 lesbians and 72 gay men in their friendship network who had not had civil unions, and also with 219 heterosexual married women and 193 heterosexual married men consisting of civil union couples' siblings and their spouses. Married heterosexual couples had been together longer and had more traditional division of labor and child care than did lesbians and gay men in both types of couples. Lesbians in civil unions were more open about their sexual orientation than those not in civil unions, and gay men in civil unions were closer to their family of origin than gay men not in civil unions. This is the first study on same-sex couples with civil unions, and the first to compare lesbians and gay men with their married siblings. At a time of legal changes for same-sex couples, these results indicate that legalized same-sex relationships are related to visibility of same-sex couples to their family and the general public.

  8. National Legislative and Regulatory Activities

    International Nuclear Information System (INIS)

    Anon.

    2010-01-01

    This section gathers several amendments, rules and acts published in 2010 and sorted by country: 1 - Bulgaria: Amendment to the Act on the Safe Use of Nuclear Energy (2010); 2 - France: Law on the new organisation of the electricity market (2010); 3 - Germany: Amendment to the Atomic Energy Act extending the operating lifetime of nuclear power plants (2010); Amendment to the Reliability Assessment Ordinance (2010); Amendment to the Ordinance on Persons Responsible for Nuclear Safety and on Reportable Events (2010); Amendment to the Environmental Impact Assessment Act (2010); 4 - Greece: Decree transposing European Council Directive 2006/117/EURATOM (2010); 5 - India: Civil Nuclear Liability Act (2010); 6 - Romania: Amendment to Article 35 of Law 111/1996 regarding new tasks of CNCAN (2010); Order approving norms regarding the radiological monitoring or recyclable metal materials (2010); 7 - Serbia: Establishment of the Agency for Radiation Protection and Nuclear Safety (2009); 8 - Slovenia: Rules on operational safety of radiation and nuclear facilities (2009); Rules on radiation and nuclear safety factors (2009); Act on Liability for Nuclear Damage (2010); 9 - Sweden: Abolishment of the Act on phasing out of nuclear energy (2010); Act on Liability and Compensation for Nuclear Damage (2010); 10 - United States: Final rule on the independent storage of spent nuclear fuel (2010); Status of the high-level waste repository programme (2010); Comprehensive Iran Sanctions, Accountability and Divestment Act (2010); Final rule on the export and import of nuclear equipment and material (2010)

  9. Judicialização da política e Sistema Interamericano de Direitos Humanos: uma investigação empírica da atuação das organizações da sociedade civil / Judicialization of Politics and Inter-American Human Rights system

    Directory of Open Access Journals (Sweden)

    Carolina Alves Vestena

    2011-09-01

    ção destes mecanismos de controle social pela sociedade civil organizada. Palavras-chave: Sistema Interamericano de Direitos Humanos, Judicialização da Política, Pesquisa Empírica, Organizações não governamentais. Abstract This article brings analysis on the third stage of the research lead by the group Human Rights, Judiciary and Society – DHPJS (in portuguese – about the justice system and the performance of its agents in Rio de Janeiro. Its focus is set on the usage of international human rights laws by national courts. During previous stages, judges (both of district and circuit courts were interviewed and asked about the usage of such norms in their decision-making process and about their education on the theme. This time, attention is brought to those recurring to the system, especially when organized collectively in civil associations. Our hypothesis sustains that judicial courts have been looked for as locations for disputes, both in an internal perspective (which may be proved by many theoretical outlooks as in an international one. The phenomenon identified in the national arena can be interpreted in the context of regional protection system for Human Rights: the Inter-American Court and Commission may be developing into a “para-judicial” stage in the concretization of those rights. This second hypothesis may be spoken of theoretically and proven empirically so as to check if civil organizations are used to turning their social struggles into cases before the mentioned system. The empirical research lead by the group supplies data for reflections on the hypothesis aside from showing threads to pursue. The group talked to 36 NGOs registered on ABONG – Brazilian Association of Non-Governmental Organizations –who aim at Human Rights protection so as to gather information on their articulation with both the national justice system and the regional one. The article presents possible connections between judicialization of politics and the regional

  10. THE IMPLICATIONS OF THE CIVIL SOCIETY IN THE EASTERN PARTNERSHIP

    Directory of Open Access Journals (Sweden)

    Loredana JITARU

    2017-04-01

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

  11. Current needs for further development of Serbian labour legislation

    Directory of Open Access Journals (Sweden)

    Jovanović Predrag

    2012-01-01

    Full Text Available Current needs for further development of Serbian legislation relate to the field of collective employee-employer relations and their collective rights and obligations. These are the relations established by the workers' and employers' mutually, but also the relationship between them, on the one hand and the state on the other. In other words, this is the need to strengthen the industrial democracies (including the improvement of labour legislation in the field of collective rights of employees and employers, which is actually still in stagnation. The fact is that trade union movement in Serbia, social dialogue, collective bargaining on working conditions, employees participation in management are weakening, which is where one should seek current needs for further development of labour law in order to strengthen and provide normatively the legal platform to stop these negative tendencies.

  12. Development of Food Legislation Around the World

    NARCIS (Netherlands)

    Meulen, van der B.M.J.

    2010-01-01

    A variety of systems are presented in the perspective of the development of food legislation to give an impression of the features found in food law and the reasons they have taken certain forms. Legislation on food is not only widely distributed in time but also in space. The assurance of safe food

  13. 43 CFR 26.4 - Legislation.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Legislation. 26.4 Section 26.4 Public Lands: Interior Office of the Secretary of the Interior GRANTS TO STATES FOR ESTABLISHING YOUTH CONSERVATION CORPS PROGRAMS § 26.4 Legislation. State programs must meet all of the requirements of section 4...

  14. Domestic hygienic legislation concerning population radiation protection

    International Nuclear Information System (INIS)

    Marej, A.N.

    1984-01-01

    Problems and principles of domestic sanitary legislation, concerning population radiation protection, are considered. The legislation envisages preventive measures, directed to contamination preventation of the main environmental objects, it regulates their content in the objects, their human intake and ionizing radiation doses, which might affect population. Existing domestic hygienic guides and safety standards for personnel and population are enumerated and characterized

  15. 28 CFR 61.7 - Legislative proposals.

    Science.gov (United States)

    2010-07-01

    ... on the environment, that subunit shall prepare a legislative environmental impact statement in... ENVIRONMENTAL POLICY ACT Implementing Procedures § 61.7 Legislative proposals. (a) Each subunit of the... to Congress which may have an effect on the environment shall, in the early stages of development of...

  16. INTELLECTUAL PROPERTY IN ARCHITECTURE: BETWEEN LEGISLATIONS AND ETHICAL MANIFESTATIONS WITH SPECIAL REFERENCE TO THE EGYPTIAN CASE

    OpenAIRE

    Nehad Mohamed Eweda

    2011-01-01

    Several international and local legislations have been enacted to protect intellectual property rights. Nevertheless, legislations cannot alone provide protection for architects, and defend the right of owners over architectural products. The importance of this research paper is derived from the hypothesis that accepting, fostering and valuing intellectual property in architecture education and practice are similarly essential to enacting laws. This paper is an analytical discussion of intell...

  17. 179 SAME-SEX MARRIAGE, CIVIL MARRIAGE AND COHABITATION

    African Journals Online (AJOL)

    Fr. Ikenga

    sources of law material which include books on marriages, articles in journals as well as articles on the internet. ... sex couples for about three decades, and people aware of the 'gay right movement', but they did not ... One school of thought believed that, gay rights movement is the next to Civil rights struggle7 while the.

  18. Legislating for advocacy: The case of whistleblowing.

    Science.gov (United States)

    Watson, Chanel L; O'Connor, Tom

    2017-05-01

    The role of nurses as patient advocates is one which is well recognised, supported and the subject of a broad body of literature. One of the key impediments to the role of the nurse as patient advocate is the lack of support and legislative frameworks. Within a broad range of activities constituting advocacy, whistleblowing is currently the subject of much discussion in the light of the Mid Staffordshire inquiry in the United Kingdom (UK) and other instances of patient mistreatment. As a result steps to amend existing whistleblowing legislation where it exists or introduce it where it does not are underway. This paper traces the development of legislation for advocacy. The authors argue that while any legislation supporting advocacy is welcome, legislation on its own will not encourage or enable nurses to whistleblow.

  19. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    2013-01-01

    This section compiles the presentations of the following texts sorted by country. Armenia - Licensing and regulatory infrastructure: New design safety requirements adopted, New seismic hazard assessment guidelines adopted; France - Licensing and regulatory infrastructure: Decree No. 2012-1248 of 9 November 2012 authorising the ITER Organisation to create the 'ITER' basic nuclear installation in Saint-Paul-lez-Durance (Bouches-du-Rhone); - Nuclear security: Law No. 2012-1473 of 28 December 2012 authorizing the approval of the Amendment to the Convention on the Physical Protection of Nuclear Material; - Nuclear safety and radiological protection: Complementary safety assessments. Follow-up of the stress tests carried out on French nuclear power plants. Action Plan of the French Nuclear Safety Authority (ASN) - December 2012; - International cooperation: Decree No. 2012-1178 of 22 October 2012 publishing the Cooperation Agreement between the government of the French Republic and the government of the Republic of Tunisia for the development of peaceful uses of nuclear energy, signed in Tunis on 23 April 2009; Decree No. 2012-1180 of 22 October 2012 publishing the Cooperation Agreement between the government of the French Republic and the government of Mongolia in the field of nuclear energy (with annex), signed in Ulaanbaatar on 14 October 2010; Germany - General legislation: Bill to amend the Atomic Energy Act to expedite the retrieval of radioactive waste from and to decommission the Asse II Mine (2013); Act to amend the Act on Environmental Legal Remedies and other environmental provisions (2013); - Radiation protection: General administrative rules on Section 47 of the Radiation Protection Ordinance (2012); - Nuclear Safety: Safety requirements for nuclear power plants (2012); - Transport of radioactive material: International Transport of Dangerous Goods by Road (2010, 2012); - Regulations on nuclear trade (including non-proliferation): Export List (2013); Greece

  20. Radon legislation and national guidelines

    International Nuclear Information System (INIS)

    Aakerblom, G.

    1999-07-01

    The International Commission on Radiological Protection (ICRP) and The Council of the European Union have recommended the Member States to take action against radon in homes and at workplaces. Within the EU project European Research into Radon in Construction Concerted Action, ERRICCA, the Topic Group on Legal and Building Code Impact was designated to study the current radon legislation and give advice regarding future enactment of laws and recommendations. On behalf of the Group, a questionnaire on radon legislation was sent out to nearly all European states and a selection of non-European states. Questions were asked regarding reference levels for dwellings, workplaces and drinking water, and about regulations or recommendations for building materials and city planning. All 15 EU Member States, 17 non-EU European countries and 10 non-European countries responded to the questionnaire. Their answers are considered current as of the end of 1998. Most European States and many non-European countries have recommended reference levels for dwellings and workplaces, and some have guidelines for measures against radon incorporated in their building codes and guidelines for construction techniques. However, only a few countries have enforced reference levels or regulations for planning and construction. The reference levels for indoor radon concentration in existing and new dwellings or workplaces are within the range 150-1000 Bq/m 3 . Sweden is the only country (Out of 15 EU member states) which has enforced limits for existing dwellings. Sweden and the UK have both enforced levels for new dwellings. 7 non-European countries (Out of 17 responding countries) have enforced levels for existing dwellings and 9 have them for new dwellings. At the end of 1998, only Finland, Sweden, the Czech Republic, Romania, Russia and the Slovak Republic had limits for radon in water, although 8 countries were planning to introduce such limits. The present limits are within the range for 50