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. Legislation and patients' rights: some necessary remarks.

    Science.gov (United States)

    Mujovic-Zornic, Hajrija

    2007-12-01

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

  5. High technology and civil rights

    International Nuclear Information System (INIS)

    Lerche, P.

    1982-01-01

    Court decision reflect the widely felt lack of clarity about the present legal situation in the field of high technology. This confusion is also due to the fact that this legal situation is surrounded by civil rights constellations, which have more and more eroded the contours of our legal system in recent years: Today, civil rights are no longer specific, well-definable bulwarks for the citizen, but are more and more frequently interpreted by the supreme courts as sources of procedural requirements with more or less certain often vague consequences. This shifting of the accent in civil rights towards procedural matters is due to an innate logical necessity, however: The same civil right considered in the same situation, e.g., in planning for high technology, may give rise to very different, even contradictory individual claims. Therefore, one of the main modern objectives of civil rights becoming more and more apparent is the need to reconcile conflicting positions, which makes civil rights a driving force in balancing interests in the easiest possible way. Yet, one of the main deficiencies in this rapidly growing procedural approach is the one-sidedness often to be found as a result of isolated, punctual actions. This misses the objective of achieving adequate harmonization. As examples of such one-sided, isolated civil rights approaches, legal opinions are cited on the so-called public participation (possibility to object for those concerned) in the licensing procedures under the German Atomic Energy Act and for protection against environmental impacts. Quity rightly, this participation of the public is interpreted as an advance protection of civil rights. However, its consequences quite often are exaggerated. (orig.) [de

  6. 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...

  7. Legislating Civil Service Reform: The Homeland Security Act of 2002

    National Research Council Canada - National Science Library

    Brook, Douglas A; King, Cynthia L; Anderson, David; Bahr, Joshua

    2006-01-01

    .... It includes a review of the recent history of civil service reform, a chronology of the major events leading up to passage of the legislation, and a detailed examination of the rhetorical framing...

  8. 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...

  9. 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 ...

  10. 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... TERMS AND CONDITIONS FOR INVESTMENT ASSISTANCE § 302.20 Civil rights. (a) Discrimination is prohibited... 601 of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.) (proscribing...

  11. 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...

  12. 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...

  13. 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...

  14. 7 CFR 3560.2 - Civil rights.

    Science.gov (United States)

    2010-01-01

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

  15. 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... amended by Executive Order 12259, as applicable. The civil rights compliance requirements for RHS are in 7...

  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. 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...

  18. 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...

  19. 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...

  20. 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...

  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... her jurisdiction. See part 18 of this chapter. These equal opportunity laws are: (1) Title VI, Civil...

  2. 7 CFR 250.21 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 4 2010-01-01 2010-01-01 false Civil rights. 250.21 Section 250.21 Agriculture... TERRITORIES AND POSSESSIONS AND AREAS UNDER ITS JURISDICTION General Operating Provisions § 250.21 Civil... Department's nondiscrimination regulations (7 CFR parts 15, 15a, and 15b) and the FNS civil rights...

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

    Directory of Open Access Journals (Sweden)

    Berger, Martin A.

    2010-10-01

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

  4. 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.

  5. Civil rights reference of administrative procedures

    International Nuclear Information System (INIS)

    Held, J.

    1984-01-01

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

  6. 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...

  7. 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...

  8. 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...

  9. 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 ...

  10. 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.

  11. 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.

  12. Congress' Record on Civil Rights

    Science.gov (United States)

    Javits, Jacob

    1975-01-01

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

  13. Protection of civil rights and technological development

    Energy Technology Data Exchange (ETDEWEB)

    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).

  14. 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

  15. Department of Education Revives Civil Rights Office

    Science.gov (United States)

    Finkel, Ed

    2010-01-01

    This article reports on the mission of the Office for Civil Rights in the U.S. Department of Education to ensure equal access to education through compliance reviews. The Office hopes to use these reviews to provide technical assistance to help districts improve their performance. In late March, the Los Angeles Unified School District became the…

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

    Science.gov (United States)

    2010-07-01

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

  18. Legislators' positions on gay and lesbian rights: the personal and political.

    Science.gov (United States)

    Herrick, Rebekah

    2010-01-01

    This article examines state legislators' public position on gay and lesbian rights by using responses to survey data on their positions toward civil unions and inclusion of sexual orientation in anti-job discrimination laws. The research finds that although state legislators are mixed on their positions, they are less supportive of gay and lesbian rights than is the general public. It also finds that their public positions are a product of both their personal beliefs and values as well as their political calculations. The implications of these findings are explored.

  19. The Covenant on civil and political rights

    Directory of Open Access Journals (Sweden)

    Aulona HAXHIRAJ

    2013-12-01

    Full Text Available The civil and political rights as protected under the Covenant from the core of human rights protection on the international plane. This paper seeks to demonstrate how this goal may be archieved. The genesis of the Covenant will be discussed in the context of the evolution of human rights law. Starting from the normative framework and its development after the adoption of the Universal Declaration of Human Rights the scope of the Covenant rights as well as the duties of the State parties will be discussed. The monitoring role of th Human Rights Committee as major element in the implementation process will be closely examined. The paper will be focused on the status of the State parties and the Status of the Covenant in domestic law. Also will specifically focus on the State reporting system and the individual complaint procedure be carefully selected case studies. In conclusion, will be discussed the legal consequences of violations of rights protected by the Covenant.

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

    Directory of Open Access Journals (Sweden)

    Karatzas Konstantinos D.

    2016-09-01

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

  1. 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. ...

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

    Science.gov (United States)

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

    2001-01-01

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

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

    Science.gov (United States)

    Chandra, Amitabh; Frakes, Michael; Malani, Anup

    2017-01-01

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

  6. [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.

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

    OpenAIRE

    Shannon Lack

    2008-01-01

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

  8. 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

  9. Education of Gifted Students: A Civil Rights Issue?

    Science.gov (United States)

    Gallagher, James J.

    2015-01-01

    In this article, James J. Gallagher explains, in the context of education, that "civil rights" means the guarantee of equal opportunity and justice for all and the actions taken against those barriers that stand in the way of such equality. How does the issue of civil rights bear on an area of special education such as the education of…

  10. The Indian civil liability for nuclear damage act, 2010. Legislation with flaws?

    International Nuclear Information System (INIS)

    Pelzer, Norbert

    2011-01-01

    1. India has had no special legislation so far about liability under civil law for nuclear damage. Instead, the general law about damages outside of contractual provisions applied. 2. The ambitious Indian civil nuclear program requires intensified international cooperation. The potential partners in that cooperation demand that liability regulations be adopted on the basis of the principles of the international nuclear liability conventions so as to grant legal assurance to their export industries. 3. In May 2010, draft liability legislation was introduced into the Indian parliament. Final deliberations were held on August 30, 2010. On September 21, 2010, the President confirmed the draft legislation, thereby making it law. The draft legislation had been a matter of dispute in India from the outset. 4. The law applies to nuclear facilities owned or controlled by the Indian central government. Only the government or government institutions or state-owned companies can be owners of a nuclear facility. The owner is liable without fault having to be proven. The details of liability follow the provisions of the liability conventions. 5. The law provides for legal channelling of liability to the owner of a nuclear facility. 6. Regular courts of law have no competence to rule about claims for damages under the law. Instead, a 'Claims Commissioner' appointed ad hoc by the government, or a 'Nuclear Claims Commission,' are competent. 7. The 2010 Indian nuclear liability law is a piece of legislation with deficiencies. Key elements are incompatible with the principles of international nuclear liability regimes. (orig.)

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

    Science.gov (United States)

    Cara, Daniel; Pellanda, Andressa

    2018-01-01

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

  12. Right-to-Know legislation and the chemist

    International Nuclear Information System (INIS)

    Newburg-Rinn, S.D.

    1991-01-01

    In 1986 Congress passed the Emergency Planning and Community Right-to-Know Act. It sought a fundamental change environmental problem solving. Frustrated by the lack of progress achieved through regulation, Congress decided to give information directly to the people, hoping for change. AND HAS CHANGE COME exclamation point Major chemical manufacturers have promised drastic reductions in their releases. State right-to-known and pollution prevention legislation has been passed. The CMA has called for a major shift in the way the chemical industry has approached its business. In the Pollution Prevention Act of 1990 it is stated that there are significant opportunities for industry to reduce or prevent pollution at the source through cost effective changes in production, operation, and raw materials use. The Administrator of EPA has called for a 50% reduction in the releases of 17 major chemicals over the next several years. To achieve these national goals and requirements the chemist will play an essential role. And don't expect this push to die down. Already there are calls for more information dissemination, more public access exclamation point

  13. Accommodaton of constitutional due process rights within the new patients' rights legislation in Slovenia.

    Science.gov (United States)

    Ivanc, Blaz

    2011-09-01

    The Constitutional Court of the Republic of Slovenia issued several decisions concerning the protection of patients' rights (e.g. decisions on involuntary commitment, on access to health care, on rights related to obligatory and voluntary health insurance). Consequently, the Parliament renewed Health Legislation by the enactment of the Patients' Rights Act (February 2008) and of the Mental Health Act (July 2008). Both bills enshrine a charter of patients' rights that may be considered as concretization of several human rights that are protected by the Constitution. The discussion is focused on the due process rights (e.g. equal protection of rights, right to judicial protection, right to legal remedies, legal guarantees in proceedings related to deprivation of personal liberty) that were in particular addressed by the Court. The results demonstrate that their effective implementation was one of the most important demands that the Legislature had to accommodate when enacting new bills.

  14. 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.

  15. HIPAA's Individual Right of Access to Genomic Data: Reconciling Safety and Civil Rights.

    Science.gov (United States)

    Evans, Barbara J

    2018-01-04

    In 2014, the United States granted individuals a right of access to their own laboratory test results, including genomic data. Many observers feel that this right is in tension with regulatory and bioethical standards designed to protect the safety of people who undergo genomic testing. This commentary attributes this tension to growing pains within an expanding federal regulatory program for genetic and genomic testing. The Genetic Information Nondiscrimination Act of 2008 expanded the regulatory agenda to encompass civil rights and consumer safety. The individual access right, as it applies to genomic data, is best understood as a civil-rights regulation. Competing regulatory objectives-safety and civil rights-were not successfully integrated during the initial rollout of genomic civil-rights regulations after 2008. Federal law clarifies how to prioritize safety and civil rights when the two come into conflict, although with careful policy design, the two need not collide. This commentary opens a dialog about possible solutions to advance safety and civil rights together. Copyright © 2017 American Society of Human Genetics. Published by Elsevier Inc. All rights reserved.

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

    Directory of Open Access Journals (Sweden)

    Юрій Миколайович Моісеєнко

    2017-03-01

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

  17. Picturing Equality: Exploring Civil Rights' Marches through Photographs

    Science.gov (United States)

    Santoli, Susan; Vitulli, Paige; Giles, Rebecca

    2015-01-01

    Exploring controversial and difficult events and issues with young children can be challenging. The Civil Rights Movement is an abstract, perhaps remote, issue for young children today. However, it is an important part of our country's history and a theme worthy of study. This article suggests ways to use photographs to explore this mature subject…

  18. 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 ...

  19. EXERCISE WITH BAD FAITH OF SUBJECTIVE CIVIL RIGHTS

    Directory of Open Access Journals (Sweden)

    NICOLAE GRADINARU

    2012-05-01

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

  20. 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.

  1. Legal Knowledge of Legislated Employment Rights: An Empirical Study

    OpenAIRE

    Hapriza Ashari; Nik Ahmad Kamal Nik Mahmod

    2013-01-01

    This article aims to assess the level of basic knowledge of statutory employment rights at the workplace as prescribed by the Malaysian Employment Act 1955. The statutory employment rights comprises of a variety of individual employment rights such as protections of wages, statutory right to the general standard of working time, statutory right to rest day, public holidays, annual leave and sick leave as well as female employee’s statutory right to paid maternity leave. A field survey was car...

  2. 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

  3. 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.

  4. 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.

  5. 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

    2016-11-01

    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. 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. 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. 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. Results suggest that policies supportive of the civil rights of sexual minorities improve the health of all sexual minority women, and may be most

  6. Harmonization of the Romanian legislation in the field of civil liability for nuclear damages with the international legislation in the field

    International Nuclear Information System (INIS)

    Chiripus, Vlad

    2005-01-01

    The paper is an overview of the Romanian legal provisions in the filed of civil liability for nuclear damages in the last three decades introducing the concept and the evolution of its legal regime towards a total harmonization with the European legislation. Its modernity even from (and in spite of) its communist beginnings in 1947 (Law no. 61 regarding the deployment of nuclear activities in the Romanian Socialist Republic) is emphasized. It focuses on the key laws - Law no. 703/2001 on civil liability for nuclear damages, and Government Decision no. 894/2003 for the approval of the Norms for enforcement of Law no. 703/2001- that currently define the Romanian regime for civil liability for nuclear damages. This encompasses the relevant responsibilities of nuclear operators, the Romanian nuclear damage compensation system, statute of limitation for claims, types of insurance and financial guarantees. These refer civil liability for nuclear damages, limits of nuclear operators' liability, specific requirements regarding the insurance, responsibilities of control and supervision bodies, assessment of nuclear damage. This makes Romania - in terms of legislation - one of the most advanced countries in the field. (author)

  7. 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...

  8. 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…

  9. 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

  10. Evaluate Your EAP: Can It Help Support Employee Rights Legislation?

    Science.gov (United States)

    Ryan, Katherine C.

    1997-01-01

    Employee assistance programs (EAPs) are emerging as an efficient way to address employee rights, particularly in light of the Americans with Disabilities Act and the Family and Medical Leave Act. Well-managed EAPs help maintain a healthy, motivated, productive workforce, show effort to provide reasonable accommodation of employee needs, and may…

  11. Gay Rights and Legislative Wrongs: Representation of Gays and Lesbians

    OpenAIRE

    Bishin, Benjamin G.; Smith, Charles Anthony

    2011-01-01

    Over the past half-century, students of democratic representation have investigated the extent to which elected officials act as their constituents prefer. Less attention has been paid to the fact that in addition to popular sovereignty, however, modern republican democracy is characterized by the values of liberty and equality. Democratic theorists suggest that these latter values should prevail in cases of conflict when the issue in question speaks to citizens’ fundamental rights, as is t...

  12. Esther McCready, RN: Nursing Advocate for Civil Rights

    Science.gov (United States)

    Pollitt, Phoebe A

    2016-02-15

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

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

    Science.gov (United States)

    Orfield, Gary

    2014-01-01

    This article reviews the impacts of the civil rights policies framed in the 1960s and the anti-civil rights political and legal movements that reversed them. It documents rising segregation by race and poverty. The policy reversals and transformation of U.S. demography require a new civil rights strategy. Vast immigrations, the sinking White…

  14. 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.

  15. 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

  16. 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.

  17. 75 FR 38824 - Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties...

    Science.gov (United States)

    2010-07-06

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

  18. 75 FR 39266 - Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties...

    Science.gov (United States)

    2010-07-08

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

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

    Science.gov (United States)

    Chandra, Amitabh; Frakes, Michael; Malani, Anup

    2017-06-01

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

  20. 28 CFR 16.90 - Exemption of Civil Rights Division Systems.

    Science.gov (United States)

    2010-07-01

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

  1. AGEING IN LUSOPHONE COUNTRIES: THE IMPACT OF AGE-SPECIFIC LEGISLATION ON THE RECOGNITION OF RIGHTS

    Directory of Open Access Journals (Sweden)

    Ana Carolina Braz

    2013-12-01

    Full Text Available The ageing phenomenon of the 21 St Century has led to an increased need of public policies to protect the rights of the older population. An example is the Law of the Rights of Older Persons, a Brazilian legislation. Some countries still lack this kind of legislation, which may cause more vulnerability among this population. The exercise of interpersonal rights in daily life requires recognition of general and specific duties, beyond the competence to exercise them. Considering that the first step in the exercise of rights is to recognize them, the goals of this descriptive study are: (a presenting some exploratory and inferential data on the recognition of rights, from the responses of 60 elderly (30 Brazilian and 30 Portuguese to an eight-item questionnaire regarding to the Law for the Rights of Older Persons, (b discussing the importance of the elderly rights in the Brazilian and Portuguese contexts. In general, the Brazilian sample presented higher scores than the Portuguese sample for the recognition of three rights (priority assistance, free issuing of documents, reserved parking spaces which might be related to the existence of a legislation in Brazil but not in Portugal. Both groups reported higher scores only of awareness of rights, medium scores for exercising rights and low scores for discrimination of unrespected rights and for mobilization of feelings of justice, which points to possible difficulties to claim for their rights. These findings may indicate that age-specific legislation is a necessary but not sufficient condition to prevent violence against the older persons. We discuss the importance of research and psychosocial interventions to promote the necessary skills for the older persons claim and defend their rights.

  2. 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

  3. Defense Support of Civil Authorities - Are We Organized Right?

    National Research Council Canada - National Science Library

    Austin, Joseph

    2007-01-01

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

  4. Same law-same rights? Analyzing why Sweden's disability legislation failed to create equal rights in mental health.

    Science.gov (United States)

    Maycraft Kall, Wendy

    2014-01-01

    This article analyzed the apparent paradox of disability rights in Sweden. Despite strong welfare state traditions and stated Government ambitions to create generous statutory entitlements for all disabled people using a single, comprehensive Disability Act, psychiatric disabilities were principally excluded from the Disability Act's rights and provisions. The study focused on Sweden's Mental Health Reform and Disability Reform using governance perspectives that traced and analyzed the policy-processes of both reforms. Theoretically guided analytical frameworks were developed to help understand the divergent reform outcomes. The first focused on legislative arguments of regulatory specificity and legal enforcement mechanisms to consider whether the Disability Act was formulated in a manner that was easier to apply to certain disabilities. The second analyzed ideological arguments and the influence of Government political beliefs that signaled specific reform 'visions' to implementers and thereby influenced policy implementation. The main findings are that both perspectives matter as the dual influences of legislative and ideological differences tended to exclude mental health service users from the Act's generous disability rights. The overall conclusion was that while legislation was an important regulatory mechanism, the Government's underlying ideological reform vision was also an essential governance instrument that signaled Government intentions to implementing agencies and thus influenced the creation of enduring disability rights. Copyright © 2014 Elsevier Ltd. All rights reserved.

  5. 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...

  6. 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…

  7. 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

  8. 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.

  9. 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…

  10. 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…

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

    Science.gov (United States)

    US Department of Education, 2009

    2009-01-01

    This report details the U.S. Department of Education Office for Civil Rights' (OCRs') accomplishments in enforcing the civil rights laws under which OCR has been granted jurisdiction to address and remedy discrimination. These enforcement efforts include complaint investigation and resolution, compliance reviews and technical assistance, as well…

  12. 41 CFR 105-53.130-2 - Office of Ethics and Civil Rights.

    Science.gov (United States)

    2010-07-01

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

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

    Science.gov (United States)

    Epstein, Richard A.

    2014-01-01

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

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

    Science.gov (United States)

    Office for Civil Rights, US Department of Education, 2015

    2015-01-01

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

  15. 10 CFR 1.37 - Office of Small Business and Civil Rights.

    Science.gov (United States)

    2010-01-01

    ... consideration is given to Labor Surplus Area firms and Women Business Enterprises, and conducts an outreach... 10 Energy 1 2010-01-01 2010-01-01 false Office of Small Business and Civil Rights. 1.37 Section 1... Headquarters Staff Offices § 1.37 Office of Small Business and Civil Rights. The Office of Small Business and...

  16. 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…

  17. 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.

  18. 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.

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

    Directory of Open Access Journals (Sweden)

    John McMurtry

    2011-08-01

    Full Text Available

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

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

    Directory of Open Access Journals (Sweden)

    John McMurtry

    2011-07-01

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

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

    Science.gov (United States)

    Eyraud, Benoît

    2016-01-01

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

  2. 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

  3. 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.

  4. Copyright, Crime and Computers: New Legislative Frameworks for Intellectual Property Rights Enforcement

    OpenAIRE

    Urbas, Gregor

    2012-01-01

    This paper considers intellectual property rights (IPR) enforcement from the perspective of criminal law, and in particular, drawing on recent Australian legislative reforms concerning copyright, cybercrime, covert investigations, mutual assistance and extradition, prosecution and sentencing options, as well as proceeds of crime recovery. The complex interaction of these laws suggests that the field of IPR enforcement offers numerous investigative, prosecutorial and judicial options beyond ...

  5. 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

  6. 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…

  7. 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…

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

    Science.gov (United States)

    Williamson, Joy Ann

    2004-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Inge Snyman

    2015-12-01

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

  10. Medical-legal issues in headache: penal and civil Italian legislation, working claims, social security, off-label prescription.

    Science.gov (United States)

    Aguggia, M; Cavallini, M; Varetto, L

    2006-05-01

    Primary headaches can be considered simultaneously as symptom and disease itself, while secondary headaches are expressions of a pathological process that can be systemic or locoregional. Because of its subjective features, headache is often difficult to assess and quantify by severity, frequency and invalidity rate, and for these reasons it has often been implicated in legal controversies. Headache has seldom been considered in the criminal law, except when it represents a typical symptom of a disease whose existence can be objectively assessed (i. e. raised intracranial pressure). Therefore, in civil legislation it is not yet coded to start claiming for invalidity compensation. In particular, one of the most debated medical-legal questions is represented by headaches occurring after head injury. Headache is often the principal symptom at the beginning of several toxic chronic syndromes, with many implications, especially in working claims, and, more recently, it may be referred to as one of the most frequent symptoms by victims of mobbing (i. e. psychological harassment in the workplace). The National Institute for Industrial Accident Insurance (INAIL) scales (instituted by the law 38/2000) mention the "Subjective cranial trauma syndrome" and give an invalidity rate evaluation. With reference to other headache forms, no legislation really exists at the present time, and headache is only considered as a symptom of a certain coded disease. Requests for invalidity social pension and the question of off-label prescriptions (drug prescription for a disease, without formal indication for it) are other controversial matters.

  11. 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

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

    Directory of Open Access Journals (Sweden)

    Prasetyo YA

    2009-06-01

    Full Text Available Abstract 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.

  13. [Dentistry and healthcare legislation 11. The dentist and the civil law judge: claims].

    Science.gov (United States)

    Brands, W G; van der Ven, J M; Eijkman, M A J

    2014-09-01

    In contrast to the law governing complaints and to disciplinary law, a civil law judge can sentence dentists to the restoration of all damages to patients. For this to happen, there has to be evidence of damage, responsibility and a causal connection. For the assumption of responsibility as well as a causal connection, an important question is whether a dentist has violated a relevant guideline or protocol. Moreover, dentists are not only responsible for their own mistakes, but also, in principle, for those of their employees. Depending on the situation, dentists can also be held accountable for the mistakes of a dentist who is working in their practice on a self-employed basis. Dutch dentists do not yet have to fear American situations', because damages awarded in The Netherlands are still relatively low.

  14. 75 FR 60757 - Office for Civil Rights; Statement of Organization, Functions, and Delegations of Authority

    Science.gov (United States)

    2010-10-01

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

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

    International Nuclear Information System (INIS)

    Narr, W.D.

    1984-01-01

    This contribution examines our age from the point of view of 'safeguarding' civil rights. The author discusses the concept of privacy and the conditions in industrial establishments which, in this context, are described as areas where the validity of civil rights is interrupted or diluted, and shows that the number of spheres of life where civil rights loose in validity are increasing, as e.g. research centres, and power generating industrial plants. The current concept of risk acceptance and security is discussed as well as the possibility and necessity to safeguard civil rights. The author concludes that security in the social meaning cannot be achieved by establishing a more or less rigid surveillance system. (orig./HSCH) [de

  16. 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...

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

    Science.gov (United States)

    Son, Colin

    2015-07-01

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

  18. 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.

  19. Mental illness and the right to vote: a review of legislation across the world.

    Science.gov (United States)

    Bhugra, Dinesh; Pathare, Soumitra; Gosavi, Chetna; Ventriglio, Antonio; Torales, Julio; Castaldelli-Maia, João; Tolentino, Edgardo Juan L; Ng, Roger

    2016-08-01

    The right to vote is an important right signifying freedom of thought as well as full citizenship in any setting. Right to vote is enshrined and protected by international human rights treaties. The right of 'everyone' to take part in the political process and elections is based on universal and equal suffrage. Although these International Conventions have been ratified by the large majority of United Nations Member States, their application across the globe is by no means universal. This study sets out to examine the domestic laws of UN Member States in order to explore whether individuals with mental health problems have the right to vote in actuality and, thu,s can participate in political life. Through various searches, electoral laws and Constitutions of 193 Member States of the United Nations were studied. The authors were able to find legislation and/or Constitutional provisions in 167 of the 193 Member States. Twenty-one countries (11%) only placed no restrictions on the right to vote by persons with mental health problems. Over one third of the countries (36%) deny all persons with any mental health problems a right to vote without any qualifier. Some of these discriminatory attitudes are reflected in the multiplicity of terms used to describe persons with mental health problems. Another 21 countries (11%) denied the right to vote to detained persons; of these, nine Member States specifically denied the right to vote to persons who were detained under the mental health law, while the remainder denied the right to vote to all those who were interdicted or judicially interdicted. It would appear that in many countries the denial of voting rights is attributed to a lack of ability to consent by the individuals with mental illness. Further exploration of explanation is required to understand these variations, which exist in spite of international treaties.

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

    Directory of Open Access Journals (Sweden)

    Олег Степанович Ткачук

    2016-06-01

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

  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. Revenue Sharing and its Impact on Civil Rights

    Science.gov (United States)

    McGraw, Marvin A.

    1975-01-01

    A discussion by the Assistant to the Director, Office of Revenue Sharing, U.S. Treasury Department, of the four part approach of that agency to extending the ability of the federal government to combat discrimination in the state and local sector; human rights workers should focus on the monetary and economic impact these funds have on the…

  4. 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.

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

    Directory of Open Access Journals (Sweden)

    Mirela Costache

    2011-05-01

    Full Text Available In this paper we will keep under review the specificity of the reported pre-emption right to the sale contract, according to the article 1730-1740 of the New Civil Code. With the entry into force of the new future regulation, the pre-emption right will acquire a separate status, being currently known that the legal status of the right under the review is diverse; there are many legal provisions which provide this right in various areas, being excedentary to the sale contract, such as culture, privatization, franchising, intellectual property. According to the analysis of the future legal deposition, it shows that pre-emption right may have as a source both the law and the contract, in this case it is referred to the legal and conventional right of pre-emption. We note also that, in light of the new regulations, the mechanism for exercising the right of pre-emption is similar to the one applicable to the right of preference. Objectives: The purpose of this paper is to focus on the usefulness of this new legislative measure designed to establish a proper legal support specific to the holder of this right in the conclusion of a contract in relation to third parties. Approach: This topic emphasizes the use of the following methods: observation, comparison and interpretation of laws.

  6. [Legislative and legal security of supervisory activities in the sphere of protection of consumers' rights and human well-being].

    Science.gov (United States)

    Rumiantsev, G I; Kutsenko, G I; Polesskiĭ, V A

    2007-01-01

    Sanitary legislation plays an important role in supervisory activities ensuring the protection of consumers' rights and human well-being. The paper considers the basic laws and standard acts allowing for legal regulation in this sphere of activities.

  7. 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.

  8. 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.

  9. 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.

  10. 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…

  11. New Civil-Rights Legislation Seen Forcing Colleges to Deal More Directly With Sexual Harassment.

    Science.gov (United States)

    Blum, Debra E.

    1988-01-01

    Participants at a conference sponsored by Cornell University's Institute for Women and Work examined the impact of sexual harassment in academe and discussed ways to address it on campus. Speakers focused on specific policies and procedures for addressing harassment complaints. (MLW)

  12. 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.

  13. 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.

  14. 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.

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

    Directory of Open Access Journals (Sweden)

    В. В. Надьон

    2015-11-01

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

  16. 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.

  17. 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

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

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    Brianne McGonigle Leyh

    2017-04-01

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

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

    Science.gov (United States)

    Mills, Shirley J.

    2006-01-01

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

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

    Science.gov (United States)

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

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

  1. 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

  2. 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,…

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

    Science.gov (United States)

    National Archives and Records Administration, Washington, DC.

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

  4. 49 CFR 1.70 - Delegations to the Director of the Departmental Office of Civil Rights.

    Science.gov (United States)

    2010-10-01

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

  5. 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…

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

    Science.gov (United States)

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

    2015-01-01

    Considering the importance of the Civil Rights Movement, children need to be introduced to the related concepts early in their school experiences, and teachers need to consider students' developmental needs and curriculum standards in order to provide appropriate content and methods of instruction. The purpose of this article is to introduce a…

  7. 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…

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

    Directory of Open Access Journals (Sweden)

    Karatzas Konstantinos D.

    2016-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Luis Anaya Merchant

    2004-10-01

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

  10. Parliamentary debates on death with dignity in Argentina: the rights of terminal patients on the legislative agenda, 1996-2012.

    Science.gov (United States)

    Alonso, Juan Pedro; Villarejo, Agustina; Brage, Eugenia

    2017-01-01

    This article examines the regulation on terminal patients' rights in Argentina at two points in time: the first attempts to regulate end-of-life rights (1996), and the "death with dignity" law passed by the National Congress (2011-2012). Comparative analysis allows us to observe variations among the individuals and situations included in the legislation, as well as in the conceptualization of autonomy and the interventions that is considered lawful refuse. The political context and the differential way that "death with dignity" entered the legislative agenda in each period determined the public's construction of the problem and thus the extent and result of the debates.

  11. 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

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

    Science.gov (United States)

    Davis, Timothy D.; Felix, Manny

    2013-01-01

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

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

    OpenAIRE

    Rizwani, Muhammad Saqib

    2013-01-01

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

  14. 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...

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

    Science.gov (United States)

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

    2016-01-01

    To improve health in the twenty-first century, to promote both access to and quality of health care services and delivery, and to address significant health disparities, legal and policy approaches, specifically those focused on civil rights, could be used more intentionally and strategically. This review describes how civil rights laws, and their implementation and enforcement, help to encourage health in the United States, and it provides examples for peers around the world. The review uses a broad lens to define health for both classes of individuals and their communities--places where people live, learn, work, and play. Suggestions are offered for improving health and equity broadly, especially within societal groups and marginalized populations. These recommendations include multisectorial approaches that focus on the social determinants of health.

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

    Directory of Open Access Journals (Sweden)

    Luis Alberto Reichelt

    2017-05-01

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

  17. 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

  18. 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.

  19. 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.

  20. 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.

  1. 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.

  2. The problem questions of update the legislation of Ukraine in aspect of professional representation a lawyer in civil procedure

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    Максим Володимирович Шпак

    2017-03-01

    According to the author’s opinion of this scientific article, the subject of the legislative initiative need proposed more detailed specifics of insignificant property dispute, its content and features of procedural representation of a lawyer for such categories of cases.

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

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    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

  4. 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.

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

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    D. Karkhalev

    2016-01-01

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

  6. The Risk of Autonomy. The ideal of self-legislation beyond the fear of civil war and its institutional containment

    OpenAIRE

    Christian Schmidt

    2009-01-01

    The modern understanding of autonomy (at least in its strong version) often includes the idea of selflegislation. As was paradigmatically the case for the French Revolution, self-legislation was considered as ideally neither bound by tradition nor by existing institutions. But some contemporary political theorists of the bourgeois revolutions (including Hobbes and Burke) felt uneasy about the loss of order and therefore tried to dispense with the concept of autonomy altogether. This article r...

  7. 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).

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

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    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.

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

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    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.

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

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    Ramelia Williams

    2016-08-01

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

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

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    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.

  12. "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.

  13. The Risk of Autonomy. The ideal of self-legislation beyond the fear of civil war and its institutional containment

    Directory of Open Access Journals (Sweden)

    Christian Schmidt

    2009-12-01

    Full Text Available The modern understanding of autonomy (at least in its strong version often includes the idea of selflegislation. As was paradigmatically the case for the French Revolution, self-legislation was considered as ideally neither bound by tradition nor by existing institutions. But some contemporary political theorists of the bourgeois revolutions (including Hobbes and Burke felt uneasy about the loss of order and therefore tried to dispense with the concept of autonomy altogether. This article reconstructs this unease and its relation to Habermas′ proposal of staging the desire for autonomy within an institutional setting. Habermas′ suggestion privileges the existing institutional order over the desire for autonomy. Against Habermas I stress the importance of the desire for autonomy with its consequences for threatening the authority of law. Against this threat, I advocate that we recognize an existing institutional order actively and explicitly.

  14. Harmonization of domestic legislation in the field of civil law with the European Union law: Securing of claims by means of fiduciary agreements

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan

    2012-01-01

    legislation in the field of Civil Law with the European Union law, to regulate the institute of fiduciary agreements under the special law, integrate it into the Law on Obligations or make it a part of the future Civil Code of the Republic of Serbia.

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

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    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.

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

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    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.

  17. 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

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

    Science.gov (United States)

    Becker, Amy B; Scheufele, Dietram A

    2011-01-01

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

  19. 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.

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

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    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.

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

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    N. V. Marchenko

    2014-04-01

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

  2. 75 FR 16819 - Notice of Proposed Information Collection for Public Comment Civil Rights Front End and Limited...

    Science.gov (United States)

    2010-04-02

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

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

    Science.gov (United States)

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

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

  4. 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)

  5. 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,…

  6. 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.

  7. 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.

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

    Directory of Open Access Journals (Sweden)

    Kirichek E.V.

    2014-12-01

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

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

    OpenAIRE

    Roya Ghasemzadeh; Mohammad Kamali; Ali Chabok; Masoud Fallahi Khoshknab; Manuchehr Shirani

    2008-01-01

    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 r...

  10. 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.

  11. 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…

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

    Science.gov (United States)

    Halamandaris, Val J

    2009-06-01

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

  13. 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.

  14. 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…

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

    Science.gov (United States)

    National Council on Disability, Washington, DC.

    This paper summarizes a May 2000 conference about advancing the civil and human rights of people with disabilities from diverse cultures. The conference included people with disabilities from diverse cultures and members of national civil rights organizations. The conference identified five priority areas for attention: (1) cultivating leadership…

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

    Science.gov (United States)

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

    2015-01-01

    Responsiveness is a dimension of health system functioning and might be dependent upon contextual factors related to politics. Given this, we performed cross-national comparisons with the aim of investigating: 1) the associations of political factors with patients' reports of health system responsiveness and 2) the extent to which health input and output might explain these associations. World Health Survey data were analyzed for 44 countries (n = 103 541). Main outcomes included, respectively, 8 and 7 responsiveness domains for inpatient and outpatient care. Linear multilevel regressions were used to assess the associations of politics (namely, civil liberties and political rights), socioeconomic development, health system input, and health system output (measured by maternal mortality) with responsiveness domains, adjusted for demographic factors. Political rights showed positive associations with dignity (regression coefficient = 0.086 [standard error = 0.039]), quality (0.092 [0.049]), and support (0.113 [0.048]) for inpatient care and with dignity (0.075 [0.040]), confidentiality (0.089 [0.043]), and quality (0.124 [0.053]) for outpatient care. Positive associations were observed for civil liberties as well. Health system input and output reduced observed associations. Results tentatively suggest that strengthening political rights and, to a certain extent, civil liberties might improve health system responsiveness, in part through their effect on health system input and output. © The Author(s) 2015.

  17. Legislative Enforcement of Nonconsensual Determination of Neurological (Brain) Death in Muslim Patients: A Violation of Religious Rights.

    Science.gov (United States)

    Rady, Mohamed Y; Verheijde, Joseph L

    2018-04-01

    Death is defined in the Quran with a single criterion of irreversible separation of the ruh (soul) from the body. The Quran is a revelation from God to man, and the primary source of Islamic knowledge. The secular concept of death by neurological criteria, or brain death, is at odds with the Quranic definition of death. The validity of this secular concept has been contested scientifically and philosophically. To legitimize brain death for the purpose of organ donation and transplantation in Muslim communities, Chamsi-Pasha and Albar (concurring with the US President's Council on Bioethics) have argued that irreversible loss of capacity for consciousness and breathing (apneic coma) in brain death defines true death in accordance with Islamic sources. They have postulated that the absence of nafs (personhood) and nafas (breath) in apneic coma constitutes true death because of departure of the soul (ruh) from the body. They have also asserted that general anesthesia is routine in brain death before surgical procurement. Their argument is open to criticism because: (1) the ruh is described as the essence of life, whereas the nafs and nafas are merely human attributes; (2) unlike true death, the ruh is still present even with absent nafs and nafas in apneic coma; and (3) the routine use of general anesthesia indicates the potential harm to brain-dead donors from surgical procurement. Postmortem general anesthesia is not required for autopsy. Therefore, the conclusion must be that legislative enforcement of nonconsensual determination of neurological (brain) death and termination of life-support and medical treatment violates the religious rights of observant Muslims.

  18. Family responsibilities discrimination, HR work-family discourse and organizational mediation of US civil rights law

    OpenAIRE

    Robin, Stryker; Heidi, Reynolds-Stenson; Krista, Frederico

    2017-01-01

    Because the US addresses work-family concerns mostly through voluntary employer-provided benefits combined with anti-discrimination legislation, organizational mediation of law shapes the content and impact of employ-ers’ response to employees’ work- family issues. Centrality of organiza-tional mediation means centrality of HR professional discourse. Given skyrocketing lawsuits claiming family responsibilities discrimination (FRD), we examine FRD-related discourse, 1980-2012, in the two high...

  19. 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.

  20. "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.

  1. 论网络时代公民隐私权保护%Study on the Protection of Civil Privacy Right in the Cyber Times

    Institute of Scientific and Technical Information of China (English)

    倪东辉; 程淑琴

    2013-01-01

      由于我国缺乏专门的法律和良好的行业自律机制等原因,公民网络隐私权受到侵害的情况屡屡发生。鉴于公民个体在网络世界中的弱势地位,我国应借鉴其他国家的立法和行业管理经验,出台专门的法律,限制相关技术滥用,强化责任主体的保障义务,加强行业自律,加强政府在保护公民网络隐私权方面所应承担的责任。教育网民加强安全保密意识,提高网络道德修养也是保护公民网络隐私权的必然选择。%The civil privacy right is frequently invaded,due to lack of specific legal provisions and self-discipline system. Concerning the citizens’ unfavorable position in the internet world,China needs to make a special law to control the abuse of technology,to consolidate the precaution duty of the subject of liability,to strengthen the trade self-discipline,and to rein⁃force the governmental responsibility in the protection of civil privacy,by learning from the experiences of legislation and man⁃agement in other countries.It is an inevitable choice to educate the citizens to strengthen sense of confidentiality and enhance moral cultivation.

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

    Institute of Scientific and Technical Information of China (English)

    宋贻珍

    2014-01-01

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

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

    OpenAIRE

    Beccy Shipman; Carol Smart

    2007-01-01

    In this paper we map briefly some of the arguments around the meaning and significance of the introduction of Civil Partnership in England and Wales, and in this way show how contested these meanings are with some groups profoundly against this legal reform and others supporting it, but for a mixture of reasons. We then turn to our empirical data based on interviews with same-sex couples to explore the extent to which these arguments and issues are part of the everyday decision making process...

  4. Liability for gross human rights violations: from criminal to civil remedies

    OpenAIRE

    2009-01-01

    LL.D. The starting point of this research is the observation that the protection of human rights and the prevention of human rights atrocities can only take place through a universal system of different means of accountability which create enough deterrence for the future state or individual offender. This research consists of four parts: Part A explores and outlines the different existing ways and means of traditional human rights protection under the international and regional human righ...

  5. 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…

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

    Science.gov (United States)

    Pomeranz, Jennifer L

    2018-01-01

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

  7. 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...

  8. Romanian Nuclear Liability Legislation

    International Nuclear Information System (INIS)

    Banu, R.

    2006-01-01

    The regime of civil liability for nuclear damages in the Romanian legislation is defined especially by the Law no. 703/2001 on civil liability for nuclear damage, as well as the Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper is proposing to present the main elements of the relatively recent legal framework, namely: the principles content in the international acts on civil liability for nuclear damages, the subject to whom such law applies, the regime of civil liability for nuclear damages in Romania and provisions regarding the terrorist acts.(author)

  9. 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...

  10. 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.

  11. Civil rights for people with disabilities: obstacles related to the least restrictive environment mandate.

    Science.gov (United States)

    Palley, Elizabeth

    2009-01-01

    State and other social service agencies as well as service providers are governed by laws that often provide unclear guidance regarding the rights of people with disabilities. Although some standards can be, and have been, developed to protect the rights of people with disabilities, all people with disabilities are not the same and therefore, each can require very different types of accommodations. Some aspects of disability rights must be individually based, including the requirement that people with disabilities receive educational services in the least restrictive environment and care in the most inclusive setting. The current interpretation of these mandates suggests that agency decisions rely on professional judgments. Unless professionals work with their clients, this reliance can serve to disempower those whom the law was intended to protect. Though much debated, the legal definition of a person with a disability is unclear. This article examines the concept of disability and that of the least restrictive environment as well as that of the "most inclusive setting," explains to whom they apply, discusses how they have been defined both in statutes and case law, and elaborates on the role of social workers as a result of the law's reliance on professional judgment in ascertaining client rights.

  12. 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.

  13. Human rights and global business: the evolving notion of corporate civil responsibility

    OpenAIRE

    Bachmann, Sascha-Dominik

    2010-01-01

    Global market participation of corporations often leads to a conflict of duties: the duty to its customers and shareholder to “do business” vs. the duty to protect the populations affected by these business operations. Today, in a reality where gross human rights violations are not only committed by states and individuals but increasingly by multinational corporations (MNCs) by aiding and abetting the actual perpetrators in the states where MNCs operate, the global recession has aggravated th...

  14. (Unglobalising civil society: the cases of women’s rights in Burundi and Liberia

    Directory of Open Access Journals (Sweden)

    María Martín de Almagro Iniesta

    2014-04-01

    Full Text Available This article examines the evolution of the internal battles between activists in the transnational campaign for the implementa­tion of UN Security Council Resolution 1325 on Women, Peace and Security and subse­quent resolutions from a poststructuralist per­spective. Based on extensive fieldwork, the article attempts to answer the question of how international activists participating in a transnational campaign affect local women’s rights campaigns in two post-conflict states: Burundi and Liberia. Or rather, why was the transnational campaign for the Resolution 1325 in Burundi considered a failure while the same campaign in Liberia was deemed a success by the international community?

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

    Directory of Open Access Journals (Sweden)

    Prezelj Iztok

    2015-12-01

    Full Text Available Changes in security environment after the end of Cold War and 9/11 have strongly affected our security concepts and paradigms. In the field of counter-terrorism, a serious conceptual and practical debate on the relationship between security and human rights and freedoms has begun. The goal of this paper is to reflect on this complex relationship at the conceptual level and introduce the empirical debate on this relationship in the field of civil aviation (case of introducing body scanners. The paper’s results show that the concept of human security usefully integrates the care for human rights and security of individuals. The debate on the potential introduction of body scanners on the European airports was actually a debate on the ways of providing individual human security on the airports with simultaneous concern for other human rights. The output of this debate was a compromise: body scanners can be used at the discretion of individual airports and member states, but are not an obligatory measure on all European airports.

  16. 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.

  17. 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

  18. 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.

  19. 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.

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

    OpenAIRE

    Janku Martin

    2015-01-01

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

  1. 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

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

    International Nuclear Information System (INIS)

    Mutius, A. von.

    1984-01-01

    The uthor explains the significance of the Muehlheim-Kaerlich order of the Federal Constitutional Court, of Dec. 12 1979, which represents a landmark of the recent developments in the interpretation of civil rights, which tend to put the protection of civil rights on a procedural basis. The author gives a brief account of the developments, as reflected by Federal Constittuional Court decisions, and them goes into detail on the Muelheim-Kaerlich decision, the statement of facts, the grounds of judgment, the dissenting opinion, and the reaction the decision has met with in the relevant literature. The Court's decision is evaluated in terms of law and with a view to current legal practice. It is shown that protection of civil rights by way of and through administrative procedure is kept within reasonable limits. This order of the Court has by no means revolutionized the law of administrative procedure. It rather contributed to a change of attitude, allowing cautions changes to develop towards administrative rules of procedure which more strongly aim at protecting civil rights. (orig./HSCH) [de

  3. 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…

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

    Science.gov (United States)

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

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

  5. 29 CFR 1620.27 - Relationship to the Equal Pay Act of title VII of the Civil Rights Act.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Relationship to the Equal Pay Act of title VII of the Civil... OPPORTUNITY COMMISSION THE EQUAL PAY ACT § 1620.27 Relationship to the Equal Pay Act of title VII of the Civil... equal pay under the Equal Pay Act has no relationship to whether the employee is in the lower paying job...

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

    Directory of Open Access Journals (Sweden)

    Anna Augustynowicz

    2018-04-01

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

  7. 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/

  8. 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

  9. Women and Equality: A California Review of Women's Equity Issues in Civil Rights, Education and the Workplace.

    Science.gov (United States)

    Sproul, Kate

    More women were elected to the California Legislature in November 1998 than ever before. Twenty-five percent of the 40 state senators who began the two-year legislative session on December 7, 1998 were women. In the 80-seat Assembly, the figure also was 25 percent. Historically, the number of women serving in the California Legislature was…

  10. 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.

  11. The principle of legal certainty in the practice of the European Court of Human Rights and the quality problems of the criminal legislation of Ukraine

    Directory of Open Access Journals (Sweden)

    М. І. Панов

    2015-03-01

    Full Text Available The article provides an outline of the principle of «legal certainty» in the practice of the European Court of Human Rights, shows its influence on the quality assurance of national criminal law and the principle of «rule of law» and «law» in judicial practice in criminal cases. It is noted that the category of «quality of the law on criminal responsibility» is closely connected with the principle of «legal certainty», includes a wide range of issues, the most important of which is the problem of the accuracy of criminal law. The content of this multifaceted category in terms of its various aspects: epistemological, logical, linguistic, pragmatic and on this basis are considered essential features and properties of the accuracy of criminal law, a necessary condition for ensuring the quality of the law on criminal responsibility. At the same time found out some shortcomings of the current penal legislation, proposals are being made to eliminate them.

  12. 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.

  13. 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.

  14. 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.

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

    Directory of Open Access Journals (Sweden)

    Тетяна Андріївна Цувіна

    2017-09-01

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

  16. [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.

  17. the enforcement of social and economic rights in africa

    African Journals Online (AJOL)

    OLAWUYI

    clear judicial approach to interpretation and enforcement of such rights.1 Besides .... Constitution is to make justiciability of such rights a matter of contingency and ... executive, legislative and judicial powers to conform to, observe and apply the provisions of Chapter ... In this case, the Plaintiff, a civil society organization, in a.

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

    Directory of Open Access Journals (Sweden)

    Т. Цувіна

    2015-11-01

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

  19. 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.

  20. '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.

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

    Directory of Open Access Journals (Sweden)

    Nuria Sánches Madrid

    2014-08-01

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

  2. 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)

  3. 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.

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

    Directory of Open Access Journals (Sweden)

    Kati Nieminen

    2015-12-01

    Full Text Available Civil disobedience is often seen as a political statement whilst conscientious objection is understood as a private matter. This article discusses real-life acts of disobedience in the case law of the European Court of Human Rights. The emphasis is on the argumentative strategies by which the potential for profound social change can be neutralised in legal argumentation. The cases discussed here concentrate on Turkey and represent acts of conscientious objection and civil disobedience. The main finding is that in legal argumentation there are two strategies for neutralising the potential for change: first, labelling the disobedient act as a private matter in order to deprive it of its political message, or second, labelling the act as violent, undemocratic behaviour so that it can be disregarded. The article shows that the law is unable, and perhaps unwilling, to fully acknowledge the political claims of disobedience. A menudo se percibe la desobediencia civil como una declaración política, mientras que la objeción de conciencia se entiende como un asunto privado. Este artículo analiza actos de desobediencia de la vida real a través de la jurisprudencia del Tribunal Europeo de Derechos Humanos. Se enfatizan las estrategias argumentativas por las que se puede neutralizar el potencial de cambio social profundo a través de la argumentación jurídica. Los casos analizados aquí se centran en Turquía y representan actos de objeción de conciencia y desobediencia civil. La conclusión principal es que en la argumentación jurídica existen dos estrategias para neutralizar el potencial de cambio: en primer lugar, etiquetar el acto de desobediencia como un asunto privado, para privarlo de su mensaje político, en segundo lugar, etiquetar el acto como un comportamiento violento y no democrático, para que pueda ser ignorado. El artículo demuestra que el derecho es incapaz de, y tal vez reticente a, reconocer totalmente las reivindicaciones pol

  5. 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.

  6. 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

  7. 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.

  8. Attempts at an amendment of the law governing the energy sector, as seen in the light of civil rights

    International Nuclear Information System (INIS)

    Notthoff, M.

    1994-01-01

    The discussion about the law governing the energy sector is of topical interest at present because there have been a number of draft amendments at the national level for a reform of the laws during the past years as well as the approval of a draft for a European Directive for harmonising national regulations in pursuit of a single Market for electricity. The present paper first deals with the development of the basic energy laws up to the present. Then the author examines the constitutionality of the national bills and the compatibility of the draft for the European Directive with the European basic right of freedom to choose a profession, which he previously derives from general legal regulations. He comes to the conclusion that none of the bills presented so far fully comply with the requirements implicit in the basic rights. (orig./HP) [de

  9. The Civil Rights Act of 1991: From Conciliation to Litigation-- How Congress Delegates Lawmaking to the Courts

    Science.gov (United States)

    1993-04-01

    instead of attacking the causes. The 1991 Act is a law of stratification that encourages racism , sexism , and litigation to further individual goals and...30 D. What About Those Statistics ? ............................ 31 E. Race Norming - The Dos and Don’ts of Test Scores...in Title VII to recognize group rights through a "disparate impact" theory of discrimination. In Griggs v. Duke Power Co.,` the Court recognized that

  10. 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.

  11. 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.

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

    Directory of Open Access Journals (Sweden)

    Alex J. Luchenitser

    2016-09-01

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

  13. Foreign trade legislation, war weapons control legislation

    International Nuclear Information System (INIS)

    Hucko, E.M.

    1993-01-01

    The volume contains, in addition to an introduction into the matter, the texts of the Foreign Trade Act (FTA), the War Weapons Control Act and all relevant ordinances. Foreign trade transactions of the Federal Republic of Germany are essentially, but not exclusively, governed by the FTA. They are strongly influenced by the legislation of the European Communities which in the form of directives are immediately effective here, and in the form of guidelines oblige the German lawgiver or ordinance giver to translate them into practice, mostly by appropriate modifications of the foreign trade ordinance, the import and export lists. It is not the war weapons which are the problem, but the so-called dual-use goods, namely articles, technologies and knowledge which, as a rule, serve civil purposes, which, however, may be used also to produce weapons, in particular ABC weapons or rockets. Nowadays we are concerned about several third-world states which are obsessed by the wish to build their own atomic bomb. (orig./HSCH) [de

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

    Science.gov (United States)

    Hart, Elinor, Ed.

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

  15. THE LAWYER`S OPINION IN MODERN CIVIL LAW

    Directory of Open Access Journals (Sweden)

    Elena Evgenyevna Dubovaya

    2015-12-01

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

  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

    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.

  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

    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

  18. Legislative coalitions with incomplete information.

    Science.gov (United States)

    Dragu, Tiberiu; Laver, Michael

    2017-03-14

    In most parliamentary democracies, proportional representation electoral rules mean that no single party controls a majority of seats in the legislature. This in turn means that the formation of majority legislative coalitions in such settings is of critical political importance. Conventional approaches to modeling the formation of such legislative coalitions typically make the "common knowledge" assumption that the preferences of all politicians are public information. In this paper, we develop a theoretical framework to investigate which legislative coalitions form when politicians' policy preferences are private information, not known with certainty by the other politicians with whom they are negotiating over what policies to implement. The model we develop has distinctive implications. It suggests that legislative coalitions should typically be either of the center left or the center right. In other words our model, distinctively, predicts only center-left or center-right policy coalitions, not coalitions comprising the median party plus parties both to its left and to its right.

  19. 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.

  20. 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

  1. Civil Rights and Organized Labor.

    Science.gov (United States)

    Hill, Herbert

    1984-01-01

    The refusal of union leadership to accept the perspective of interracial unionism has meant the failure to organize the South. If unions are to implement the principle of democracy in the workplace, they must undergo a major transformation, becoming the voice of the unemployed, the working poor, and of women and racial minorities. (Author)

  2. 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.

  3. Antinomy in Legislation in Indonesia

    Directory of Open Access Journals (Sweden)

    Zainal Arifin Mochtar

    2015-12-01

    Full Text Available A number of reality for laws as a production of Parliament and President was canceled by the Constitutional Court, occur as a result of the legislation matter that plural reflects the injustice and legal uncertainty. The high number of judicial review becomes signal less accommodation of citizen interests and rights in a legislation product. The absence of arrangement harmony made by Parliament gives impact on plural legislation sued. This paper attempts to describe some debate antinomy that characterizes the existence of legislation in Indonesia. The analysis showed, antinomy-conflict-norm in the legislation is one thing that is difficult to avoid, especially given the poor-legislative process in the parliament today. In each establishment of legislation, synchronization and norms harmonization is not a major pressing point, but defeated by transnational politics inter-faction in the parliament that actually looked more dominant. But when these norms conflict constituted a rule of law which are simultaneous, dynamic, and meet legal ideals, would not be a problem. As long as not to cause harm to the fulfillment of constitutional rights of citizens.

  4. 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

  5. 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

  6. Racial and Ethnic Tensions in American Communities: Poverty, Inequality, and Discrimination--A National Perspective. Executive Summary and Transcript of Hearing before the United States Commission on Civil Rights (Washington, D.C., May 21-22, 1992).

    Science.gov (United States)

    Commission on Civil Rights, Washington, DC.

    In February 1991 the U.S. Commission on Civil Rights began a long- term study of the factors contributing to increased racial and ethnic tensions in the United States. This document is a summary of key points made at a National Perspectives Hearing that was part of this study. Following 2 days of testimony and the discussions of eight panels, five…

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

    OpenAIRE

    Maria Angélica Olivo Francisco Lucas; Maria Cristina Gomes Machado

    2012-01-01

    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 C...

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

    OpenAIRE

    Weller, Penny

    2009-01-01

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

  9. 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).

  10. 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.

  11. 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...

  12. Cybersecurity: Current Legislation, Executive Branch Initiatives, and Options for Congress

    Science.gov (United States)

    2009-09-30

    responsibilities of cybersecurity stakeholders. Privacy and civil liberties—maintaining privacy and freedom of speech protections on the Internet...securing networks before tackling the attendant issues such as freedom of speech , privacy, and civil liberty protections as they pertain to the Internet...legislation to mandate privacy and freedom of speech protections to be incorporated into a national strategy. • Assessing current congressional

  13. 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

  14. 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

  15. Legislation and regulation

    International Nuclear Information System (INIS)

    1998-01-01

    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 nuclear and environmental licensing, and emergency preparedness legislation

  16. Legislation and regulation

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1998-09-01

    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 nuclear and environmental licensing, and emergency preparedness legislation.

  17. Legislation, women, and breastfeeding.

    Science.gov (United States)

    Gibbons, G

    1987-01-01

    Governmental policies and legislation aimed at validating the dual role of women as mothers and wage earners can significantly strengthen breastfeeding promotion efforts. Examples of such laws and policies are maternity leave, breastfeeding breaks at the workplace, allowances for pregnant women and new mothers, rooming-in at hospitals, child care at the worksite, flexible work schedules for new mothers, and a national marketing code for breastmilk substitutes. The International labor Organization (ILO) has played an important role in setting international standards to protect working mothers. The ILO defines minimal maternity protection as encompassing: a compulsory period of 6 weeks' leave after delivery; entitlement to a further 6 weeks of leave; the provision during maternity leave of benefits sufficient for the full and healthy maintenance of the child; medical care by a qualified midwife or physician; authorization to interrupt work for the purpose of breastfeeding; and protection from dismissal during maternity leave. In many countries there is a lack of public awareness of existing laws or policies; i.e., working women may not know they are entitled to maternity leave, or pediatricians may not know that the government has developed a marketing code for breastmilk substitutes. Overall, the enactment and enforcement of legislation can ensure the longterm effectiveness of breastfeeding promotion by raising the consciousness of individuals and institutions, putting breastfeeding activities in the wider context of support for women's rights, recognizing the dual roles of women, and institutionalizing and legitimating support for breastfeeding.

  18. The Impact of FEP Legislation

    Science.gov (United States)

    Adams, Arvil

    1975-01-01

    This testimony, before a public hearing of the New York City Commission on Human Rights in May 1974, had three express focuses: (1) on urban poverty among blacks in the non-south; (2) on the enforcement of Fair Employment Practice (FEP) legislation and its effect on the economic position of blacks and other minority groups; and, (3) on guidelines…

  19. 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."

  20. Civil law

    NARCIS (Netherlands)

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

    2014-01-01

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

  1. Civil Procedure In Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

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

  2. Civil Identity

    DEFF Research Database (Denmark)

    Petersen, Lars Axel

    In this paper I will go through a catalogue of examples of contexts in which the term civil identity is currently used, ranging from the formal and technical process of linking a set of administrative and other events to an individual biological person by means of identity cards, fingerprints, iris...... of Israel to Luce Irigaray's Feminist agenda of elaborating gender specific civil identities. My intention is to investigate whether these different employments of 'civil identity' point towards a common, and fairly well defined object field asking questions of contemporary relevance to the philosophy...

  3. Civil Society

    Science.gov (United States)

    Social Media Facebook @oasofficial Facebook Twitter @oas_official Twitter Newsletters Documents OAS Technology Social Development Summits of the Americas Sustainable Development T Telecommunications Terrorism Tourism Trade Treaties and Agreements W Women Y Youth Strategic Partners Permanent Observers Civil Society

  4. 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...

  5. Legislation and regulation

    International Nuclear Information System (INIS)

    2001-01-01

    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. 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.

  7. Legislation and supervision

    International Nuclear Information System (INIS)

    1998-01-01

    In this part next aspects are described: (1) Legislative and supervision-related framework (reviews of structure of supervisory bodies; legislation; state supervision in the nuclear safety area, and state supervision in the area of health protection against radiation are given); (2) Operator's responsibility

  8. Civil legal responsibility for environmental pollution

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan L.

    2015-01-01

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

  9. 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.

  10. Civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1963-01-01

    An international Convention on Civil Liability for Nuclear Damage was adopted in Vienna on 19 May 1963 by a sixty-nation conference convened by the International Atomic Energy Agency. The Convention, which is subject to ratification by the States signing it, will come into force three months after the deposit of the fifth instrument of ratification. The Convention is designee only to establish minimum rules regarding civil liability for nuclear damage; it may thus well be described as a framework convention, the main provisions of which represent the essential common denomination acceptable to as many States as possible. It leaves wide scope for national legislation and regional arrangements with a view to implementing these provisions The Convention does not purport to create a uniform civil law in this field, but it contains the minimal essential for protection of the public and forms the legal basis for uniform world-wide liability rules

  11. 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…

  12. Librarians, Civil Liberties and Privacy.

    Science.gov (United States)

    Fielding, Derek

    1978-01-01

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

  13. 34 CFR 303.424 - Civil action.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 2 2010-07-01 2010-07-01 false Civil action. 303.424 Section 303.424 Education... Civil action. Any party aggrieved by the findings and decision regarding an administrative complaint has the right to bring a civil action in State or Federal court under section 639(a)(1) of the Act...

  14. 34 CFR 300.516 - Civil action.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 2 2010-07-01 2010-07-01 false Civil action. 300.516 Section 300.516 Education... DISABILITIES Procedural Safeguards Due Process Procedures for Parents and Children § 300.516 Civil action. (a... aggrieved by the findings and decision under § 300.514(b), has the right to bring a civil action with...

  15. 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.

  16. 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

  17. 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.

  18. 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

  19. 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

  20. 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

  1. Bulgarian energy legislation. Status quo and problems

    International Nuclear Information System (INIS)

    Denchev, P.

    1996-01-01

    The author gives a general survey of the present situation and the development tendencies in the Bulgarian nuclear legislation. The latest amendments of the Atomic Energy Act passed by the Bulgarian Parliament are discussed. Special attention is paid to the ratification of the following four groups of international documents: 1) The Convention on Nuclear Safety; 2) The Vienna Convention on Civil Liability for Nuclear Damage and the Joint Protocol on the Application of the Vienna Convention and the Paris Convention on Third Party Liability in the Field of Nuclear Energy; 3) The Convention for the Physical Protection of Nuclear Material, the Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency; 4) The European Energy Charter and its Protocol on Energy Efficiency. The need of adoption of new legislative documents regulating the supply of radioactive materials according to the EURATOM Treaty is stressed

  2. Civil Law Legal Assistance: Lawyers Study Guide

    National Research Council Canada - National Science Library

    1999-01-01

    .... Some topics discussed in this volume include interviewing and client counseling, preventive law programs, estate planning, family support, family law, separation agreements, consumers laws, income tax law, and a discussion of legislation such as the Soldiers and Sailors Civil Relief Act and the Uniformed Services Former Spouses Protection Act.

  3. 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

  4. Legislation for nuclear disaster

    International Nuclear Information System (INIS)

    Nagata, Shozo

    2012-01-01

    Fukushima nuclear disaster accident clarified problems on nuclear-related legislation and its application. Legislation for nuclear disaster (LNA) could not respond to severe accident because assumed size of accident was not enough. After emergency event corresponding to the article 15 of LNA, was reported by the operator, more than two hours passed by the issuance of Emergency State Declaration. Off-site center could not work at all. This article reviewed outline of LNA and introduced discussion on the reform of legislation and its application. Reform discussion should be focused on swift and effective response readiness to emergency: 1) operator's substantial nuclear emergency drilling, (2) reinforcement of government's headquarters for emergency response, (3) after nuclear emergency, government's headquarters remained to enhance resident's safety from radiation hazard and (4) enactment of nuclear emergency preparedness guidelines for local communities. (T. Tanaka)

  5. 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

  6. 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

  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. Working with Your Legislative Delegation

    Science.gov (United States)

    Safransky, Robert J.

    2010-01-01

    In this article, the author discusses how to work with legislative delegation to get positive legislation passed. Most school districts have a person who is responsible for working with the legislators and informing them of the district's position on bills and issues that arise in each legislative session. Even if one has a full-time or part-time…

  9. 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.

  10. Colombian mining legislation

    International Nuclear Information System (INIS)

    Mendoza Delgado, Eva Isolina

    2004-01-01

    The paper makes a historical recount of the mining legislation in Colombia, it is about the more relevant aspects of the Code of Mines, like they are the title miner, obligations, economic aspects, integration of mining areas and of the benefits contemplated in the law 685 of 2001

  11. 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

  12. 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

  13. 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.

  14. El uso emergente de drones civiles en España. Estatuto jurídico e impacto en el derecho a la protección de datos // The emerging use of civilian drones in Spain. Legal status and impact on the right to data protection

    Directory of Open Access Journals (Sweden)

    Cristina Pauner Chulvi

    2016-03-01

    Drones are a growth industry and their civilian uses are becoming popular all around the world. Spain was one of the first European countries to pass a technical regulation on RPAS with the aim of assuring a high security standard. Nowadays, attention is paid on the challenges that these technologies pose on privacy and data protection. In the light of the conditions imposed by the Spanish legislation on data protection, this paper analyses the concerns posed by the explotation of civil drones and and looks at the major doctrinal and institutional attempts to address them.

  15. Liability according to civil law regarding border-crossing nuclear damage

    International Nuclear Information System (INIS)

    Baer, Caroline

    1987-12-01

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

  16. MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

    Science.gov (United States)

    Buletsa, S; Drozd, O; Yunin, O; Mohilevskyi, L

    2018-03-01

    The scientific article is focused on the research of the notion of medical error, medical and legal aspects of this notion have been considered. The necessity of the legislative consolidation of the notion of «medical error» and criteria of its legal estimation have been grounded. In the process of writing a scientific article, we used the empirical method, general scientific and comparative legal methods. A comparison of the concept of medical error in civil and legal aspects was made from the point of view of Ukrainian, European and American scientists. It has been marked that the problem of medical errors is known since ancient times and in the whole world, in fact without regard to the level of development of medicine, there is no country, where doctors never make errors. According to the statistics, medical errors in the world are included in the first five reasons of death rate. At the same time the grant of medical services practically concerns all people. As a man and his life, health in Ukraine are acknowledged by a higher social value, medical services must be of high-quality and effective. The grant of not quality medical services causes harm to the health, and sometimes the lives of people; it may result in injury or even death. The right to the health protection is one of the fundamental human rights assured by the Constitution of Ukraine; therefore the issue of medical errors and liability for them is extremely relevant. The authors make conclusions, that the definition of the notion of «medical error» must get the legal consolidation. Besides, the legal estimation of medical errors must be based on the single principles enshrined in the legislation and confirmed by judicial practice.

  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 veterinary surgeon in natural disasters: Italian legislation in force.

    Science.gov (United States)

    Passantino, A; Di Pietro, C; Fenga, C; Passantino, M

    2003-12-01

    Law No. 225/1992 established a National Service of Civil Protection, with the important role of 'safeguarding life, goods, settlements and the environment from damage deriving from natural disasters, catastrophes and calamities' (art. 1). This law arranges civil protection as a co-ordinated system of responsibilities administrated by the state, local and public authorities, the world of science, charitable organisations, the professional orders and other institutions, and the private sector (art. 6). The President of the Republic's Decree No. 66/1981 'Regulation for the application of Law No. 996/1970, containing norms for relief and assistance to populations hit by natural disasters--Civil Protection' mentions veterinary surgeons among the people that are called upon to intervene. In fact, in natural disasters the intervention of the veterinary surgeon is of great importance. The authors examine these laws and other legislation relating to the National Service of Civil Protection.

  19. 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)

  20. Synthesis of Automated Vehicle Legislation

    Science.gov (United States)

    2017-10-01

    This report provides a synthesis of issues addressed by state legislation regarding automated vehicles (AV); AV technologies are rapidly evolving and many states have developed legislation to govern AV testing and deployment and to assure safety on p...

  1. Minority Language Rights.

    Science.gov (United States)

    O Riagain, Padraig; Shuibhne, Niamh Nic

    1997-01-01

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

  2. 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

  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. Protective legislation, ionizing radiation and health: a new appraisal and international survey

    International Nuclear Information System (INIS)

    Stellman, J.M.

    1987-01-01

    Restrictive regulations (protective legislation) on employment conditions of female workers limiting maximum hours of work and prohibiting certain toxic exposures have existed for decades. In some countries, such as the United States, Canada and the Nordic countries, the growth of civil rights and equal opportunity legislation has led to their elimination, either in fact or in practice, and only a small number of disparate regulations for male and female workers still exist. Most other industrialized countries, as well as the International Labour Office of the United Nations, still have active restrictive rules for women's employment. However, restrictive regulation is an area of active policy debate around the world. International examples of the debate on protective legislation are given here. A specific case study of the occupational health standards governing exposure to ionizing radiation is used and its technical rationale discussed as an illustration of the basic issues. These include: overbroad categorization of all women as potential childbearers, no matter what their childbearing intentions; failure to recognize the full range of potential adverse health effects to males; disparate application of the restrictive regulations, generally to occupations or areas of employment that are traditionally held by men, while traditional female jobs with the same exposures are excluded from the regulatory restriction

  5. African American legislators' perceptions of firearm violence prevention legislation.

    Science.gov (United States)

    Payton, Erica; Thompson, Amy; Price, James H; Sheu, Jiunn-Jye; Dake, Joseph A

    2015-06-01

    Firearm mortality is the leading cause of death for young African American males, however, few studies have focused on racial/ethnic minority populations and firearm violence. The National Black Caucus of State Legislators advocates for legislation that promotes the health of African Americans. Thus, the purpose of this study was to collect baseline data on African American legislators' perceptions regarding firearm violence in the African American community. A cross-sectional study of African American legislators (n = 612) was conducted to investigate the research questions. Of the 612 questionnaires mailed, 12 were not deliverable, and 170 were returned (28%). Utilizing a three wave mailing process, African American legislators were invited to participate in the study. The majority (88%) of respondents perceived firearm violence to be very serious among African Americans. Few (10%) legislators perceived that addressing legislative issues would be an effective strategy in reducing firearm violence among African Americans. The majority (72%) of legislators perceived the most effective strategy to reducing firearm violence in the African American community should focus on addressing societal issues (e.g. crime and poverty). After adjusting for the number of perceived barriers, the number of perceived benefits was a significant predictor of legislators' perceived effectiveness of firearm violence prevention legislation for 8 of the 24 potential firearm violence prevention legislative bills.

  6. The legislative perspective

    International Nuclear Information System (INIS)

    Hartman, L.

    1990-01-01

    This paper reports that the United States Congress has only recently become interested in the issue of ballistic missile proliferation. It was primarily as a result of the outcome of the debate over chemical weapons legislation that Congress joined the issue of ballistic missile proliferation in the matter of restraints on foreign countries, particularly those based in Missile Technology Control Regime (MTCR) countries. This paper addresses the following questions: Is it Congress's place to enforce compliance with international agreements? More importantly, will such measures have the desired effect?

  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. ‘For the tyrant shall be no more’: Reflections on and lessons from ‘The Arab Spring’ in North Africa, the Middle East and the Civil Rights and anti-apartheid struggles

    Directory of Open Access Journals (Sweden)

    Allan A. Boesak

    2011-11-01

    Full Text Available The revolutionary events sweeping North Africa and the Middle East, called the ‘Arab Spring’, are of great historic significance. They challenge not only political and social realities in those countries; they confront us, the spectators to these momentous events with serious questions about our own political, cultural and theological perceptions, concepts and prejudices. This article probes, from a Black Liberation theology point of view, these events at several levels: (1 what are the connections between the ‘Arab Spring’ and the two other historic movements for social change, the Civil Rights struggle in the United States of America, and the antiapartheid struggle in South Africa; (2 what lessons are to be learnt from these events?; (3 the article revisits the question of M.M. Thomas, in terms of whether God is at work in events of social upheaval and revolutionary change, and if so, ‘how?’; and (4 what is the meaning and consequences of international, and more importantly, inter-religious solidarity with the people of those regions? The article discusses the meaning, complexity and efficacy of nonviolence and choices for violence or nonviolence in such situations of conflict and the questions these raise for theological reflection, prophetic action and Christian integrity.

  10. 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

  11. 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.

  12. The new Italian IVF legislation.

    Science.gov (United States)

    Benagiano, Giuseppe; Gianaroli, Luca

    2004-08-01

    Last February, the Italian Parliament gave final approval to a new Law regulating assisted reproduction technology. The new legislation fell short of the expectations of infertile couples and of all specialists in the field. There are three problems with the new Italian law; they involve social issues, human rights and the application of technology. The present paper focuses on the fact that the new rules infringe upon basic human rights and the proper application of IVF technology, because they mandate procedures that are against the best interest of the woman seeking pregnancy. The main point of controversy is the combination of a mandatory limit of three embryos for transfer, and an obligation to reimplant all produced embryos; cryopreservation of excess embryos is prohibited. Obviously, this decreases the chances of most women to achieve pregnancy, while at the same time it increases the number and complexity of procedures they need to undergo and may expose some to an unacceptable increase in the risk of multiple pregnancy. The new law is inspired by the desire to protect every newly produced embryo; this is a commendable aim, although it is in total opposition to a law passed over 25 years ago that liberalized voluntary termination of first trimester pregnancies. This means that today Italy has a law that protects every early, pre-implantation embryo, and another that allows the 'suppression' of every post-implantation one. From a technical point of view, given the low level of human fecundity, the only way to prevent the 'loss' of even one preimplantation embryo is to simply ban IVF altogether, an option that Italian legislators obviously did not have the courage to opt for. The tragedy is that Italian infertile couples are now confronted with new rules that not only severely limit the ability of physicians to correctly apply IVF technology, but are so confused that, depending on the interpretation, anyone may try to nullify the main ideological premise upon

  13. Surface rights

    Directory of Open Access Journals (Sweden)

    Regina Célia Corrêa Landim

    2009-06-01

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

  14. Shareholders rights and remedies (comparative law perspective

    Directory of Open Access Journals (Sweden)

    Yuliya Lapina

    2016-11-01

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

  15. 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)

  16. 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...... of a rationalization process, incl., a road map, recommending that there should be 7 universities in Moldova: 3 regional universities and 4 universities in Chisinau (capital); following the principle of clear demarcation between state regulation and institutional university autonomy, specifies universities powers...... 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....

  17. CONSIDERATIONS REGARDING PROVISIONAL MEASURES FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN ROMANIA

    Directory of Open Access Journals (Sweden)

    Paul-George BUTA

    2014-05-01

    Full Text Available The article takes a look at provisions in the Code of Civil Procedure dealing with the provisional measures that can be requested by the intellectual property right-holder in case of apparent infringements of his rights. Starting from the goals of such regulation, as provided by Directive 48/2004, the article examines what could be the hurdles imposed by the Romanian legislator (mostly by not providing sufficiently tailored means in respect of intellectual property rights on the right-holder and proposes that, in light of the problems as reflected in the courts' practice, a legislative intervention be undertaken in order to better adapt the means to the purpose envisaged.

  18. 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

  19. Stasis and Bellum Civile

    DEFF Research Database (Denmark)

    Lange, Carsten Hjort

    2017-01-01

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

  20. 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

  1. Regulatory control, legislation and framework

    International Nuclear Information System (INIS)

    Parthasarathy, K.S.

    1998-01-01

    The legislation and regulations, a regulatory authority to authorise and inspect the regulated activities and to enforce the legislation and regulations, sufficient financial and man-power resources are the essential parts of a national infrastructure to implement the Basic Safety Standards. The legal framework consists of legislation (Act passed by Parliament) and the regulations (framed by the government and endorsed by the Parliament). This paper is primarily deals with the the legal framework set up in India for atomic energy activities

  2. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    2013-01-01

    This section reviews the recent National legislative and regulatory activities: Algeria (Establishment of a nuclear security centre); Armenia (Amendment to the Law of the Republic of Armenia on the Safe Utilization of Atomic Energy for Peaceful Purposes); Brazil (creation of a Support Centre for Safety and Radiation Protection - Centro de Apoio a Seguranca Fisica Nuclear e Radiologica - CENASF); Canada (enacting of the Nuclear Terrorism Act,4 which amends the Criminal Code, creating four new Criminal Code offences related to nuclear terrorism; proposal to replace the existing Nuclear Liability Act with the increase of the amount of compensation available to address civil nuclear damage); France (National plan for the management of radioactive materials and waste - PNGMDR; Law No.2013-580 of 4 July 2013 authorising approval of the agreement between France and Monaco on the management of Monegasque radioactive waste in the French territory; Decree No.2013-675 of 25 July 2013 publishing an agreement of co-operation between France and Saudi Arabia for the development of nuclear energy for peaceful purposes); Germany (Act for retrieving radioactive waste from and decommissioning the Asse II Mine); Greece (Decree transposing Council Directive 2011/70/Euratom); Ireland (Adoption of European Communities Regulations on Carriage of Dangerous Goods by Road and Use of Transportable Pressure Equipment); Luxembourg (Transposition of Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste); Poland (New requirements for employees concerning radiological protection; New detailed requirements for nuclear facility siting, design, commissioning and operation, organisational unit commissioning, periodical safety assessment, decommissioning and fund contributions; New regulation on subsidies related to nuclear safety and radiological protection; New requirements on transparency of

  3. 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.

  4. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    2014-01-01

    This section of the Bulletin presents a summary of the recent national legislative and regulatory activities sorted by country and topic: - Algeria: Nuclear security. - France: Radioactive waste management; Nuclear safety and radiological protection; General legislation; International co-operation. - Germany: International trade. - Indonesia: Nuclear security, General legislation. - Ireland: Nuclear safety and radiological protection; General legislation. - Lithuania: Nuclear security; Nuclear safety and radiological protection. - Slovak Republic: International co-operation; Liability and compensation; Environmental protection. - Switzerland: Radioactive waste management. - United Arab Emirates: Liability and compensation. - United States: Radioactive waste management; Licensing and regulatory infrastructure

  5. 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.

  6. 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.

  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. Global Standards of Market Civilization

    DEFF Research Database (Denmark)

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

  9. 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.

  10. Civil Law Glossary.

    Science.gov (United States)

    Update on Law-Related Education, 1997

    1997-01-01

    Presents a glossary of civil law terms originally compiled for journalists by the American Bar Association. Defines many essential civil law concepts and practices including compensatory damages, jurisdiction, motion to dismiss, discovery, and remedy. (MJP)

  11. Nuclear legislation in Czech Republic

    International Nuclear Information System (INIS)

    Stuller, J.

    1996-01-01

    The paper presents the status of nuclear legislation in the Czech Republic, specifying the fields of nuclear activities covered, partially covered and uncovered by the present legislation. The licensing process and the competence and powers of the State Office for Nuclear Safety are also briefly described

  12. 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)

  13. 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…

  14. 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,

  15. 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)

  16. 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…

  17. Coping with EU environmental legislation

    DEFF Research Database (Denmark)

    Anker, Helle Tegner; de Graaf, Kars; Purdy, Ray

    2015-01-01

    A ‘burden reducing’ agenda has spurred an increased interest in how EU environmental legislation is transposed into national legislation—most prominently reflected in the principle of ‘no gold-plating’. Yet, an important question is to what extent transposition principles and practices may ensure...... on coherence and accessibility with respect to environmental legislation and that such issues deserve more attention in the transposition process.......A ‘burden reducing’ agenda has spurred an increased interest in how EU environmental legislation is transposed into national legislation—most prominently reflected in the principle of ‘no gold-plating’. Yet, an important question is to what extent transposition principles and practices may ensure...... a coherent and accessible body of environmental legislation, while at the same time ensuring adequate transposition of EU environmental legislation. This article analyses the existence, or emergence, of transposition principles and practices in three Member States—the United Kingdom, the Netherlands...

  18. Citizenship in civil society?

    NARCIS (Netherlands)

    Ossewaarde, Marinus R.R.

    2007-01-01

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

  19. 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)

  20. Flexibility in radiation protection legislation

    International Nuclear Information System (INIS)

    Beaver, P.F.; Gill, J.R.

    1980-01-01

    The UK approach to radiation protection legislation is described in detail. The advantages are outlined of a flexible approach whereby the objectives of the legislation are clearly identified but the means of achieving these are left open or qualified by terms such as 'where reasonably practicable'. The roles and viewpoints of management and unions in such an approach are discussed especially with respect to legislation such as the Health and Safety at Work Act. Specific topics include requirements for notification of use, criteria for controlled areas and the tasks of the radiation protection adviser. (UK)

  1. Legislative Support for the Social Integration of the Child.

    Science.gov (United States)

    Tellier, Jacques

    This paper brings together and discusses the implications of various statements of children's rights and legislation protecting children. The Declaration on the Rights of the Child, proclaimed by the General Assembly of the United Nations on 20 November 1959 is detailed in terms of individual and social rights. The new (1979) Youth Protection Act…

  2. 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

  3. 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.

  4. Legislative Bargaining and Incremental Budgeting

    OpenAIRE

    Dhammika Dharmapala

    2002-01-01

    The notion of 'incrementalism', formulated by Aaron Wildavsky in the 1960's, has been extremely influential in the public budgeting literature. In essence, it entails the claim that legislators engaged in budgetary policymaking accept past allocations, and decide only on the allocation of increments to revenue. Wildavsky explained incrementalism with reference to the cognitive limitations of lawmakers and their desire to reduce conflict. This paper uses a legislative bargaining framework to u...

  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. 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.

  7. 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)

  8. 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....

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

    African Journals Online (AJOL)

    Muradu_A.

    the economic potentials of assets, integrates dispersed information into one ... over a piece of property (which allows long term investments using one's own capital, through .... Ethiopia which not only takes into account the present economic.

  10. 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.)

  11. Legalisation of Civil Wars

    DEFF Research Database (Denmark)

    Buhl, Kenneth Øhlenschlæger

    2009-01-01

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

  12. Invalidity of contract: legislative regulation and types

    Directory of Open Access Journals (Sweden)

    Василь Іванович Крат

    2017-09-01

    Full Text Available Invalidity contracts always attracted attention researchers. Without regard to it, in modern conditions there is an enormous layer of the problems related to invalidity contract, that to require a doctrine and utilitarian comprehension. The article is sanctified to research invalidity contract. In the article analyses problems of the legislative regulation and types of invalidity contract through the prism of judicial practice. In the Civil code of Ukraine, a voidable contract sets as a common rule. A voidable of the contract is incarnated in the so-called «virtual» invalidity when only the most typical grounds are enumerated. However, even such approach does not allow to overcome all possible cases that arise up in practice. Such situation touches possibility of voidable contracts concluded with the purpose of to shut out the appeal of claim to the property of the debtor. Therefore it follows to set general rules in relation to voidable contracts of the debtor. A nullity of the contract takes place only in the case when there is the direct pointing of law on the qualification of that or another contract as the nullity. The nullity of contract in the Civil code of Ukraine is constructed by means of «textual» invalidity. There are no single attempts to use the construction of «virtual» invalidity in judicial practice when there is the direct pointing of law on the qualification of that or another contract as the nullity, that is impermissible. Methodologically incorrectly to carry out identifying of invalidity contract and obligation with the aim of providing of application of different after the rich in content filling norms.

  13. 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.

  14. 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

  15. 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.

  16. 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

  17. 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.

  18. 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.

  19. National legislative and regulatory activities

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following National legislative and regulatory activities: 1 - France: General legislation, regulations and instruments; Nuclear trade (including non-proliferation); International co-operation; 2 - India: Licensing and regulatory infrastructure; Liability and compensation; 3 - Ireland: Nuclear safety and radiological protection (including nuclear emergency planning); Transport of radioactive material; Nuclear trade (including non-proliferation); 4 - Lithuania: Licensing and regulatory infrastructure; Nuclear safety and radiological protection (including nuclear emergency planning); Radioactive waste management; 5 - Luxembourg: Nuclear safety and radiological protection (including nuclear emergency planning); 6 - Slovak Republic: International co-operation; General legislation, regulations and instruments; 7 - Spain: Radioactive materials (including physical protection); Radioactive waste management; 8 - United States: Licensing and regulatory infrastructure

  20. [Computerized medical record: deontology and legislation].

    Science.gov (United States)

    Allaert, F A; Dusserre, L

    1996-02-01

    Computerization of medical records is making headway for patients' follow-up, scientific research, and health expenses control, but it must not alter the guarantees provided to the patients by the medical code of ethics and the law of January 6, 1978. This law, modified on July 1, 1994, requires to register all computerized records of personal data and establishes rights to protect privacy against computer misdemeanor. All medical practitioners using computerized medical records must be aware that the infringement of this law may provoke suing in professional, civil or criminal court.

  1. 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…

  2. Refractions of Civil Society

    DEFF Research Database (Denmark)

    Kuzmanovic, Daniella

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

  3. 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

  4. 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...

  5. 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.

  6. Civil War and Inoperativity

    DEFF Research Database (Denmark)

    Flohr, Mikkel

    2017-01-01

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

  7. Reconceptualizing Civil Regulation

    DEFF Research Database (Denmark)

    Galang, Roberto Martin; Castello, Itziar

    2011-01-01

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

  8. 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...

  9. 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

  10. ACHP | News | Legislation Passes Senate

    Science.gov (United States)

    Hillary Clinton. "Bipartisan approval of this legislation by an overwhelming margin reflects the Bingaman, former Senator Pete Domenici, and Senators Hillary Clinton and Richard Burr." At a Capitol , who introduced the House version; Sen. Hillary Clinton and former Sen.Pete Domenici, who introduced

  11. 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.

  12. 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…

  13. Legislation

    International Nuclear Information System (INIS)

    1996-01-01

    Nuclear Regulatory Authority of the Slovak Republic (NRA SR) developed a methodology and the NRA SR Chairman's Regulation that sets out a uniform administration procedure in collecting administration fees, for the purpose of applying the Act of the National council of the Slovak Republic on Administration Fees. Pursuant to the Act on Czech-Slovak technical standards, NRA SR has a function of an uneglectable participant in commenting on draft Slovak technical standards (STN). A total of 101 drafts were reviewed. The standard drafts in most cases concerned taking European standards and international standards over into the STN system, with respect to the Slovak Republic integration into the European Union. Coordination of technical standardization is assessed by the Council for Technical Standardization that is established at the Slovak Institute of Technical Standardization. The NRA SR's staff member takes part at meetings of the Council. In the third year of their existence, NRA SR started to issue their own publications that should provide legal and qualified information about peaceful use of nuclear power. NRA SR in co-operation with VUJE a.s. Trnava issued the first publication 'Selected legal documents on peaceful use of nuclear power (general binding legal regulations)'. The publication contains texts or extracts from 21 regulations

  14. Legislation.

    Science.gov (United States)

    Florio, David H.

    1979-01-01

    Highlights the issues to be dealt with during the 96th Congress including the establishment of a Department of Education, reauthorization of the Higher Education Act and related programs, and funding for fiscal 1980 and 1981. (JMF)

  15. 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.

  16. Simplified proceeding as a civil procedure model

    Directory of Open Access Journals (Sweden)

    Олексій Юрійович Зуб

    2016-01-01

    Full Text Available Currently the directions for the development of modern civil procedural law such as optimization, facilitation, forwarding proceedings promoting the increase of the civil procedure efficiency factor are of peculiar importance. Their results are occurrence and functionality of simplified proceedings system designed to facilitate significantly hearing some categories of cases, promotion of their consideration within reasonable time and reduce legal expenses so far as it is possible. The category “simplified proceedings” in the native science of the procedural law is underexamined. A good deal of scientists-processualists were limited to studying summary (in the context of optimization as a way to improve the civil procedural form, summary proceedings and procedures functioning in terms of the mentioned proceedings, consideration of case in absentia as well as their modification. Among the Ukrainian scientist who studied some aspects of the simplified proceedings are: E. A. Belyanevych, V. I. Bobrik, S. V. Vasilyev, M. V. Verbitska, S. I. Zapara, A. A. Zgama, V. V. Komarov, D. D. Luspenuk, U. V. Navrotska, V. V. Protsenko, T. V. Stepanova, E. A. Talukin, S. Y. Fursa, M. Y. Shtefan others. The problems of the simplified proceedings were studied by the foreign scientists as well, such as: N. Andrews, Y. Y. Grubanon, N. A. Gromoshina, E. P. Kochanenko, J. Kohler, D. I. Krumskiy, E. M. Muradjan, I. V. Reshetnikova, U. Seidel, N. V. Sivak, M. Z. Shvarts, V. V. Yarkov and others. The paper objective is to develop theoretically supported, practically reasonable notion of simplified proceedings in the civil process, and also basing on the notion of simplified proceedings, international experience of the legislative regulation of simplified proceedings, native and foreign doctrine, to distinguish essential features of simplified proceedings in the civil process and to describe them. In the paper we generated the notion of simplified proceedings that

  17. Latin American Civil-Military Relationships in a Historical Perspective

    OpenAIRE

    Skaar, Elin

    2013-01-01

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

  18. Rights or Repentance

    Science.gov (United States)

    Minnigerode, Fred A.

    1977-01-01

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

  19. 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...

  20. 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...

  1. 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.

  2. Problems of realization of the rights of victims of crimes to compensation by the state

    Directory of Open Access Journals (Sweden)

    Н. А. Хмельова

    2015-05-01

    Full Text Available Problem setting: consider the problems of realization of the rights of victims of crime persons to compensation by the State under the laws of Ukraine. To analyze the current civil legislation of Ukraine, to consider the legislation of the countries in terms of state compensation for damages caused to the victim crime. Suggest a mechanism to implement them. Recent research and publications analysis: some aspects of state compensation for harm caused to the victim crime investigated by many scientists. Thus, O. Vedernikova, O. Kuchinska, A. Mazalov, V. Sawickiy in his scientific studies have concentrated on the investigation of the creation of a state fund damages caused offense. R. Abramovich’s work explored the issue of compensation to the victim harm caused by crime as a legal obligation of the State on the basis of mutual responsibility of the citizen to the state and the state before a national. D. Plachkov investigated features of state obligations arising from causing offense, the specific legal solution of the relations in Ukraine. Paper objective: identifying challenges the rights of victims of crime persons to compensation by the state will set features the state’s obligations arising from causing crime and identify ways to improve the legal regulation of the relations in Ukraine. Paper main body: the current civil legislation of Ukraine stipulates the right of victims of criminal offenses on the restoration of rights violations. But there are cases where recovery is impossible. The reasons for this is that, first, is guilty of a criminal offense a person is insolvent, and the actual recovery of funds it usually extends over many years and is irregular. Secondly, the problem relates stopped criminal proceedings in which a person has committed a criminal offense is not established and the victim is deprived of right to file a civil action. Thirdly, the remedy is not possible victims in unsolved criminal offenses, such as when a

  3. Nuclear energy and civilization

    International Nuclear Information System (INIS)

    Soentono, S.

    1996-01-01

    The role of energy is indeed very important since without it there will be no living-things in this world. A country's ability to cultivate energy determines the levels of her civilization and wealth. Sufficient energy supply is needed for economic growth, industrialization, and modernization. In a modern civilization, the prosperity and security of a country depends more on the capability of her people rather than the wealth of her natural resources. Energy supplies the wealth, prosperity and security, and sufficient reliable continuous supply of energy secures the sustainable development. The energy supply to sustain the development has to improve the quality of life covering also the quality of environment to support the ever increasing demand of human race civilization. Energy has a closer relationship with civilization in a modern society and will have to become even closer in the future more civilized and more modern society. The utilization of nuclear energy has, however, some problems and challenges, e.g. misleading information and understanding which need serious efforts for public information, public relation, and public acceptance, and possible deviation of nuclear materials for non-peaceful uses which needs serious efforts for technological and administrative barriers, precaution, prevention, safety, physical protection, safeguard, and transparency. These require cooperation among nuclear community. The cooperation should be more pronounced by heterogeneous growing Asian countries to reach harmony for mutual benefits toward better civilization. (J.P.N.)

  4. 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...

  5. 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

  6. Legislative Branch: FY2014 Appropriations

    Science.gov (United States)

    2013-11-25

    for the renovation of the Cannon House Office Building and the condition of the Rayburn building, the effect of the sequester on overtime work, plans...provided by the Joint Committee on Taxation for all revenue legislation (Balanced Budget and Emergency Deficit Control Act of 1985, P.L. 99-177...Committee, the Joint Committee on Taxation , the Office of the Attending Physician, and the Office of Congressional Accessibility Services. The FY2012

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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

  12. 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.

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

    African Journals Online (AJOL)

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

  14. Legislation on school governors' power to appoint educators: friend ...

    African Journals Online (AJOL)

    Erna Kinsey

    For the first time in South Africa's history, the franchise and associated political and civil ... determine the powers of SGBs related to the rights, obligations and functions of ... The SGB is the body functioning in terms of section 16 of SASA and also con- ... who provides professional educational services, including professional.

  15. Impact of the legislation on electric utilities

    International Nuclear Information System (INIS)

    De Long, M.

    1982-01-01

    The possible impact of Federal nuclear waste legislation on electric utilities is discussed. The proposed legislation will set forth a well defined program enabling utilities with nuclear plants to make long term plans under a statutory mandate committed to an available technology and implementation timetable. The legislation includes the necessary specificity for the utility companies to fulfill their responsibilities in describing their waste disposal plans to their customers, the concerned public, and state and local legislators

  16. The party political make-up of EU legislative bodies.

    NARCIS (Netherlands)

    Warntjen, Andreas; Hix, Simon; Crombez, Christophe

    2008-01-01

    This research note provides an overview of the party political make-up of EU legislative bodies for the period 1979-2004 (Commission: 1979-2007) in terms of the left-right and pro-/anti-Europe dimensions. The various methods of measuring political positions are discussed and compared. Measures for

  17. US legislative proposals for nuclear export controls

    International Nuclear Information System (INIS)

    Donnelly, W.H.

    1977-01-01

    Some of the topics covered are: Congress' perception of proliferation; completed legislation for non-proliferation; partially complete legislative initiatives in the 94th Congress; non-proliferation measures defeated or vetoed; and legislation for non-proliferation in the 95th Congress

  18. 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…

  19. 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

  20. 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.

  1. 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.

  2. 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

  3. Peer Effects in Legislative Voting

    DEFF Research Database (Denmark)

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

    2016-01-01

    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.......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...

  4. Right patient, Right blood

    DEFF Research Database (Denmark)

    Selberg, Hanne; Madsen, Trine Stougaard

    2014-01-01

    Right patient, Right Blood Simulation based training in blood transfusion practice in nursing education Background: In spite of strict checking procedures to handling transfusion of blood severe adverse reactions are likely to happen and the major cause of morbidity occurs to be liable to human...

  5. 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....

  6. Producing Civil Society

    DEFF Research Database (Denmark)

    Feldt, Liv Egholm; Hein Jessen, Mathias

    Since the beginning of the 1990’s, civil society has attracted both scholarly and political interest as the ‘third sphere’ outside the state and the market not only a normatively privileged site of communication and ‘the public sphere’, but also as a resource for democratization processes...... and social cohesion, as well as a provider of welfare services from a welfare state in dire straits. However, such a view upholds a sharp distinction between the three sectors and their distinct logic. This article claims that the separation of spheres is a fundamental part of our ‘social imaginary......’ 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. 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.

  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. 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.

  10. 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.

  11. 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

  12. 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

  13. 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

  14. 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.

  15. 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

  16. Right to resistance in the context of democratic processes

    Directory of Open Access Journals (Sweden)

    К. О. Павшук

    2015-05-01

    Full Text Available Problem setting. Right to resistance and especially right to rebellion should be considered as an element of constitutional order’s ensuring. It means the right of some Ukrainian citizen to realize civil disobedience as a resistance and a rebellion as to one kind of it. Rebellion against the power is the result of absence of stage-by-stage mutual discussion and consensus between power and people. It means that the absence of past democratic practices could be the reason of power usurpation and human rights violations. Recent research and publications analysis. Right of people to resistance and rebellion was considered by numerous scientists in the spheres of constitutional right, of political science and legal theory of past and modern times. Among them it could be named J. Lock, V.V. Rechitskij, S.Pogrebnjak etc. Paper objective. The main aim of the article is to find out the essence of the right to resistance and rebellion as an element of constitutional order’s ensuring, to review reasons of it, its forms and their realizations in a modern democratic state. Paper main body. In the article it is considered the direct and indirect form of the right’s realization. Directly the right to resistance takes is executed in the case of violations by bodies of a state power or in the case of citizen’s disagreement with their activity by means of unarmed meetings, campaigns and demonstrations, strikes for protection of their economic and social interests. One of the most democratic methods of resistance that has indirect character is a nationwide referendum against the solutions of a parliament. The alternative forms of resistance are civil hearings and people’s legislative initiatives, “people’s veto”, which can decrease the probability of a conflict aggravation.   Conclusions. Only participation of each citizen in the process of state rule should to prevent human and civil rights violations, abuses of state authority that can have as

  17. 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

  18. 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

  19. 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

  20. 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…

  1. 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.

  2. How Global is Global Civil Society?

    Directory of Open Access Journals (Sweden)

    Neera Chandhoke

    2015-08-01

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

  3. 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

  4. 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.

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

    African Journals Online (AJOL)

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

  6. 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...

  7. 78 FR 55257 - Patient Safety and Quality Improvement: Civil Money Penalty Inflation Adjustment

    Science.gov (United States)

    2013-09-10

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

  8. 42 CFR 488.436 - Civil money penalties: Waiver of hearing, reduction of penalty amount.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Waiver of hearing, reduction... Civil money penalties: Waiver of hearing, reduction of penalty amount. (a) Waiver of a hearing. The... the civil money penalty. (b) Reduction of penalty amount. (1) If the facility waives its right to a...

  9. 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

  10. 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 ...

  11. 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.

  12. Civil partnerships five years on.

    Science.gov (United States)

    Ross, Helen; Gask, Karen; Berrington, Ann

    2011-01-01

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

  13. 77 FR 55175 - Civil Penalties

    Science.gov (United States)

    2012-09-07

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

  14. 75 FR 79978 - Civil Penalties

    Science.gov (United States)

    2010-12-21

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

  15. 75 FR 5244 - Civil Penalties

    Science.gov (United States)

    2010-02-02

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

  16. 77 FR 70710 - Civil Penalties

    Science.gov (United States)

    2012-11-27

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

  17. 75 FR 49879 - Civil Penalties

    Science.gov (United States)

    2010-08-16

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

  18. 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...

  19. Why the Equal Rights Amendment?

    Science.gov (United States)

    Denmark, Florence L.

    The Equal Rights Amendment proposes to ensure constitutional protection against all legislative sex discrimination. "Separate but Equal" standards, be they legal, social or psychological, are inevitably incompatable with equal protection under the law and act as a barrier to each individual's freedom for self determination. Equal rights,…

  20. 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.

  1. 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.

  2. 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

  3. 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.

  4. A survey on new nuclear legislative documents

    International Nuclear Information System (INIS)

    Chiripus, Vlad

    2005-01-01

    The paper is an overview of 21 legislative documents concerning the nuclear field in Romania published in the 'Official Gazette' of Romania (Monitorul Oficial al Romaniei) between February 2, 2005 and September 12, 2005. A list of these documents is as follows: 1. Standards concerning the requirements of the quality management systems for product manufacturing and services for nuclear facilities; 2. The Agreement of July 19, 2004 between Romanian Nuclear Agency, AN, the Romanian National Commission for Nuclear Activities Control, CNCAN, and US Department of Energy, DOE, referring to cooperation in the combat against nuclear weapon and technologies proliferation; 3. Governmental Ordinance on continuation of the Cernavoda NPP Unit 2 construction in the frame of the 5x700 MW Cernavoda NPP Project. Within the Ordinance provisions are given concerning the exportation of heavy water produced by Heavy Water Plant of Romanian Authority for Nuclear Activities; 4. Environmental License for Nuclear Fuel Plant at Pitesti; 5. Ministry of Economy and Trade Order concerning the reports of data on environmental protection by industrial agents implied in nuclear power production and nuclear fuel fabrication; 6. Governmental Decision (Gov. D.) on criteria for ensuring individual protection of Romanian citizens working in units presenting nuclear, radiologic, chemical or biological risk; 7. Law referring to the Agreement with EURATOM on information exchange in radiological emergency (EUCURIE) and tasks of National Center for Coordination of Interventions in case nuclear accident or radiological emergency; 8. Ministerial Order referring to Generic procedures concerning the data acquisition, validation and actions in case of radiological emergency; 9. Methodological norms on planning, preparation and interventions in case of nuclear accident or radiologic emergency; 10; A CNCAN Order referring to Norms for classification of radioactive wastes in Romania; 11. General provisions

  5. 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

  6. Іnheritance of money and right on deposit in a financial institution

    Directory of Open Access Journals (Sweden)

    А. М. Ісаєв

    2016-01-01

    Full Text Available Features of inheritance of money and the right on deposit in a financial institution, on the one hand, related to those functions that they perform as the objects of inheritance law in civil circulation, on the other hand, with their specific legal characteristics. Speaking of money, it is necessary to take into account the fact that the inheritance may include both cash and cashless money. And, despite the fact that the cashless money defined by the law as entries in accounts in financial institutions, inheritance of right on deposit in a financial institution regulated by the Civil Code of Ukraine separately from the inheritance of money. The need for such research caused by practical significance of inheritance of money and the right on deposit, and by small number of research in that area. The issue at different times were explored by such scholars as M. V. Gordon, V. I. Serebrovsky, O. P. Pecheny, V. I. Krat, I. V. Zhilinkova, M. A. Korostelyov etc. The article aims to reveal the influence of legal characteristics of money on civil-law regulation of inheritance of money and the right on deposit in a financial institution. The purpose of research should be achieved through solving such problems as analysis and harmonizing the current inheritance laws in the area of issue. In the article, the peculiarities of inheritance of cash and cashless money were defined, as well as the specifics of universal legal succession of right on deposit in the bank (financial institution. During research some disadvantages of current inheritance legislation in this sphere were revealed, so as the ways of its improvement. Undoubtedly, a segment of considered legislation is debatable in many ways. However, it should be noted that inheritance law determines the process of transition of legacy from testator to the heir. Legal regulation of such relationships depends on the understanding of individual components of heritage, including money in cash and cashless

  7. Departamento de Obras Civiles

    Directory of Open Access Journals (Sweden)

    Director Departamento de Obras Civiles

    1984-12-01

    Full Text Available Es la unidad académica que se crea como estructura básica para la formación profesional del Constructor Civil. El departamento está orientado a las siguientes áreas: Obras Viales, Fluviales y Marítimas; Hormigones y Mecánica de Suelos; Laboratorios y Control de Calidad; Planificación y Programación; Administración; Organización y Gestión Financiera, conocimientos insertos en un total de 33 asignaturas, prácticas y seminarios siendo equivalentes a más de 100 créditos, lo cual representa un 42% del total de las asignaturas correspondientes al Plan de Estudios de la Carrera de Construcción Civil.

  8. Insolvencias. Civil y societaria

    Directory of Open Access Journals (Sweden)

    Gustavo Bordes Leone

    2014-01-01

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

  9. 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

  10. 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.

  11. 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

  12. 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.

  13. Waterpipe tobacco smoking legislation and policy enactment: a global analysis.

    Science.gov (United States)

    Jawad, Mohammed; El Kadi, Lama; Mugharbil, Sanaa; Nakkash, Rima

    2015-03-01

    (1) To review how current global tobacco control policies address regulation of waterpipe tobacco smoking (WTS). (2) To identify features associated with enactment and enforcement of WTS legislation. (1) Legislations compiled by Tobacco Control Laws (www.tobaccocontrollaws.org). (2) Weekly news articles by 'Google Alerts' (www.google.com/alerts) from July 2013 to August 2014. (1) Countries containing legislative reviews, written by legal experts, were included. Countries prohibiting tobacco sales were excluded. (2) News articles discussing aspects of the WHO FCTC were included. News articles related to electronic-waterpipe, crime, smuggling, opinion pieces or brief mentions of WTS were excluded. (1) Two reviewers independently abstracted the definition of "tobacco product" and/or "smoking". Four tobacco control domains (smokefree law, misleading descriptors, health warning labels and advertising/promotion/sponsorship) were assigned one of four categories based on the degree to which WTS had specific legislation. (2) Two investigators independently assigned at least one theme and associated subtheme to each news article. (1) Reviewed legislations of 62 countries showed that most do not address WTS regulation but instead rely on generic tobacco/smoking definitions to cover all tobacco products. Where WTS was specifically addressed, no additional legislative guidance accounted for the unique way it is smoked, except for in one country specifying health warnings on waterpipe apparatuses (2) News articles mainly reported on noncompliance with public smoking bans, especially in India, Pakistan and the UK. A regulatory framework evaluated for effectiveness and tailored for the specificities of WTS needs to be developed. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  14. [Viruses and civilization].

    Science.gov (United States)

    Chastel, C

    1999-01-01

    A few million years ago, when primates moved from the east African forest to the savannah, they were already infected with endogenous viruses and occultly transmitted them to the prime Homo species. However it was much later with the building of the first large cities in Mesopotamia that interhuman viral transmission began in earnest. Spreading was further enhanced with the organization of the Egyptian, Greek, Roman, and Arab empires around the Mediterranean. Discovery of the New World in 1492 led to an unprecedented clash of civilizations and the destruction of pre-Columbian Indian civilizations. It also led to a rapid spread of viruses across the Atlantic Ocean with the emergence of yellow fever and appearance of smallpox and measles throughout the world. However the greatest opportunities for worldwide viral development have been created by our present, modern civilization. This fact is illustrated by epidemic outbreaks of human immunodeficiency virus, Venezuela hemorrhagic fever, Rift valley fever virus, and monkey pox virus. Close analysis underscores the major role of human intervention in producing these events.

  15. 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

  16. 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)

  17. 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.

  18. 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)

  19. 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.

  20. The legal consequences of the breach of pre-emption right

    Directory of Open Access Journals (Sweden)

    Martin Janků

    2013-01-01

    Full Text Available Pre-emption right may be agreed in the contract on sale as one of the collateral clauses. General rules concerning the pre-emption right are included in the Civil Code. These general rules apply in both the pre-emptive right stipulated in the contract between the parties (the contractual right of first refusal, as well as for pre-emptive right arising under the law (statutory right of first refusal. It can also be used in the field of commercial obligations. Generally speaking we can state that the legislation concerning the pre-emption rights is very austere, unsystematically arranged and therefore allowing for too broad interpretation with undefined limits. It means at the same time a considerable legal uncertainty in its application. Participants of the legal relationship may often find only subsequently through the case law in which cases the violation of pre-emption law occurred. The aim of this paper is to analyse individual cases of violation of pre-emptive rights, both pre-emptive right with effects of an obligation and pre-emptive rights with effects of right in rem.

  1. Europeanul Costa-Foru şi Liga drepturilor Omului şi ale Cetăţenilor pentru integrarea Basarabiei în viaţa politică a României după 1918 / European Costa-Foru and the League for Human and Civil Rights in the integration of Bessarabia into the political life of Romania after 1918

    OpenAIRE

    Aurelia Lăpuşan

    2015-01-01

    C.G. Costa-Foru (1856-1935) was an outstanding personality of the Romanian culture, well-known journalist, lawyer, human rights activist and secretary of the League for Human and Civil Rights (1923-1929), the founder of the Committee on Amnesty (1928-1929) and the Bloc for Defense of Democratic Freedoms (1935). As a vice-president of the General Association of the Romanian Press, founded December 2, 1918 in Bucharest, C.G. Costa-Foru had an audience with the king and boldly expressed to him h...

  2. Model Legislation for GAAP and GASB.

    Science.gov (United States)

    Bissell, George E.

    1987-01-01

    The use of generally accepted accounting principles (GAAP) by all state and local governments may require legislation. Findings from a survey of states to get data on current accounting and financial reporting practices are summarized. Model legislation to provide uniformity in accounting and reporting is presented. (MLF)

  3. Military legislation: explaining military officers' writing deficiencies

    OpenAIRE

    Borysov, Andrii

    2016-01-01

    Approved for public release; distribution is unlimited In performing jobs related to national security and defense, personnel must comply with rules and decisions communicated in the form of written legislation, which includes directives, memos, instructions, manuals, standard operating procedures, and reports. Incorrect understanding of legislative provisions may lead to disastrous consequences, making clear communication through these documents paramount. The vast majority of military of...

  4. 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

  5. Legislative policy in Brazil : limits and possibilities

    NARCIS (Netherlands)

    De, Paula F.

    2018-01-01

    This doctoral thesis discusses the limits and possibilities for developing a new legislative-regulatory policy in Brazil, understood as a public policy whose purpose is to improve the process of drafting legislation and regulation and to increase the quality of rules. It considers the

  6. 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...

  7. Radon legislation and national guidelines

    Energy Technology Data Exchange (ETDEWEB)

    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{sup 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

  8. 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

  9. 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

  10. Global civil society: between nation states and transnational corporations

    Directory of Open Access Journals (Sweden)

    S. A. Kvitka

    2017-06-01

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

  11. 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.

  12. Procesos de estigma y exclusión en salud: Articulaciones entre estigmatización, derechos ciudadanos, uso de drogas y drogadependencia Processes of stigma and exclusion in health: Joints between stigmatization, civil rights, use of drugs and dependence of drugs

    Directory of Open Access Journals (Sweden)

    Andrea Vázquez

    2009-12-01

    Full Text Available El objetivo del trabajo es establecer articulaciones entre la estigmatización, los derechos ciudadanos, el uso de drogas y la drogadependencia, como un caso particular de exclusión en salud. La estigmatización produce grupos de personas que ven condicionado su ejercicio de ciudadanía al negárseles el cumplimiento de derechos tales como el derecho a la salud. Uno de estos grupos, lo configuran los usuarios de drogas y los drogadependientes. Es relevante estudiar los procesos de estigma como barrera de accesibilidad a la atención en salud, para identificar componentes que disminuyan dicha exclusión (OPS/OMS, 2005. La reducción de la estigmatización y la discriminación del uso de drogas y la drogadependencia, es fundamental para la elaboración de políticas de inclusión desde una lógica de respeto por los derechos humanos.The aim of the work is to establish joints between the stigmatization, the civil rights, drugs use and dependence of drug, as a particular case of exclusion in health. The stigmatization produces groups of persons who have problems for the exercise of citizenship. These persons are refused in the fulfillment of rights such as the right to the health. One of these groups, it is formed by the users of drugs and the dependents of drugs. It´s relevant to study the processes of stigma as accessibility barrier to the attention in health, to identify components that diminish the above mentioned exclusion. (OPS/OMS,2005. The reduction of the stigmatization and the discrimination of the use of drugs and dependence of drug, it's fundamental for the elaboration of policies of incorporation from logic of respect for the human rights.

  13. The Civil War Diet

    OpenAIRE

    Brennan, Matthew Philip

    2005-01-01

    The soldierâ s diet in the Civil War has been known as poor, and a number of illnesses and disorders have been associated with it. However, a nutritional analysis placed within the context of mid-nineteenth century American nutrition has been lacking. Such an approach makes clear the connection between illness and diet during the war for the average soldier and defines the importance of nutritionâ s role in the war. It also provides a bridge from the American diet to the soldier diet, ou...

  14. 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 citizenship-regimes. Locating transnationalism as part of the political opportunity structure also indicates that the state(s) to some degree can facilitate transnationalism, directly and indirectly. A substantial part of political engagement now occurs via transnational channels. What is uncertain is to what...

  15. 2014 - 2015 Civil Affairs Issue Papers: The Future of Civil Affairs

    Science.gov (United States)

    2015-02-18

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

  16. B 150 civil engineering futures

    DEFF Research Database (Denmark)

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

  17. B 150 civil engineering futures

    DEFF Research Database (Denmark)

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

  18. How persistent is civilization growth?

    OpenAIRE

    Garrett, Timothy J.

    2011-01-01

    In a recent study (Garrett, 2011), I described theoretical arguments and empirical evidence showing how civilization evolution might be considered from a purely physical basis. One implication is that civilization exhibits the property of persistence in its growth. Here, this argument is elaborated further, and specific near-term forecasts are provided for key economic variables and anthropogenic CO2 emission rates at global scales. Absent some external shock, civilization wealth, energy cons...

  19. Hawaii state legislator views on e-cigarettes and likelihood of legislative action.

    Science.gov (United States)

    Juarez, Deborah Taira; Seto, Jason; Guimaraes, Alexander; Masterson, James; Davis, James; Seto, Todd B

    2015-01-01

    To examine perspectives on e-cigarette use and regulations in Hawaii through key informant interviews with state legislators. E-cigarette use is rapidly increasing, with sales in 2013 topping $1 billion in the United States, but e-cigarettes are still a largely unregulated industry. Although e-cigarettes are thought by most to be a healthier alternative to traditional cigarettes, long-term health effects are not yet known. Semistructured key informant interviews were conducted with Hawaii state legislators (n = 15). We found a lack of consensus among legislators, which suggests that substantial legislative action is unlikely in the upcoming session. However, most legislators believe that some type of incremental legislation will pass, such as enactment of a small tax, limitations on advertising to protect adolescents, or regulations concerning where people can use e-cigarettes. Legislators eagerly await further research to clarify the overall benefits and harms of e-cigarettes at both the individual and population levels.

  20. A Century of Environmental Legislation

    DEFF Research Database (Denmark)

    Kaiser, Brooks; Cain, Louis

    2014-01-01

    We examine federal intervention in natural resource use by analyzing roll-call votes over the past century. These votes involved decisions regarding public land that reallocated the returns to users by changing the asset’s physical character or its usage rights. We suggest that long term...