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

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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.

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

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.

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 ...

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

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.

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.

Estudiantes con discapacidades preparandose para la educacion postsecundaria: Conozca sus derechos y responsabilidades (Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities).

Science.gov (United States)

Office for Civil Rights (ED), Washington, DC.

This pamphlet, in Spanish, intended for postsecondary students with disabilities, explains the rights and responsibilities of these students and the obligations of a postsecondary school to provide academic adjustments. The federal legislation on which the information is based is described. Information for students is presented in question and…

The Canadian Charter of Rights and the Right to Education for Exceptional Children.

Science.gov (United States)

Poirier, Donald; Goguen, Leonard

1986-01-01

This paper studies the impact of section 15 of the Canadian Charter of Rights and Freedom on the rights of disabled students to educational services in provinces with permissive and with mandatory legislation. Two interpretations of the charter, a minimal intervention and a more active intervention by the courts and their impacts are presented.…

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

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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

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

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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…

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.

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.

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

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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.

Antinomy in Legislation in Indonesia

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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.

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.

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

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.

[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.

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

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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.

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

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.

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

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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.

The Political Economy of Collective Labour Legislation in Taiwan

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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.

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...

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.

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

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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.

Procedural Due Process Rights in Student Discipline.

Science.gov (United States)

Pressman, Robert; Weinstein, Susan

To assist administrators in understanding procedural due process rights in student discipline, this manual draws together hundreds of citations and case summaries of federal and state court decisions and provides detailed commentary as well. Chapter 1 outlines the general principles of procedural due process rights in student discipline, such as…

The Courts and Student Rights -- Procedural Matters.

Science.gov (United States)

Phay, Robert E.

This paper traces the evolution of student rights and the judicial protection of these rights through numerous court cases. The author outlines the minimum standards of due process required in disciplinary proceedings and discusses cases that point up (1) the required specificity of rules on student conduct, (2) the requirements of notice to…

INTELLECTUAL PROPERTY IN ARCHITECTURE: BETWEEN LEGISLATIONS AND ETHICAL MANIFESTATIONS WITH SPECIAL REFERENCE TO THE EGYPTIAN CASE

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Nehad Mohamed Eweda

2011-11-01

Full Text Available 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 intellectual property in general and particularly in architecture, it is structured in four sections; the first provides a conceptual foundation about intellectual property; the second discusses the issue from an ethical point of view; the third demonstrates various opinions about intellectual property rights; and the last reviews some manifestations in the Egyptian society which affect the intellectual property rights in both the architectural education and practice. Finally, the paper concludes that the lack of awareness among students of architecture as well as practicing architects about intellectual property rights might lead –unintentionally- to violations, infringements, and consequently disputes. In addition, respecting intellectual property would rather begin during the years of architectural education as an ethical behavior, which will continue to regulate the architectural professional practice. Besides, architects need to understand their rights which are granted by the intellectual property legislations in order to consequently secure an atmosphere of fair competition among architects.

34 CFR 99.5 - What are the rights of students?

Science.gov (United States)

2010-07-01

... 34 Education 1 2010-07-01 2010-07-01 false What are the rights of students? 99.5 Section 99.5 Education Office of the Secretary, Department of Education FAMILY EDUCATIONAL RIGHTS AND PRIVACY General § 99.5 What are the rights of students? (a)(1) When a student becomes an eligible student, the rights...

Evaluation of Human Rights Violations in Student Personnel ...

African Journals Online (AJOL)

A five point Likert scale instrument, Students Legal Rights Protection Questionnaire (SLRPQ) was used for data collection and analyzed using the population (one sample t-test), at .05 level of significance. The finding was that there is significant violation of secondary school students' rights (right to dignity of human person, ...

Students' Perceptions of Their Rights in Portugal.

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Veiga, Feliciano H.

2001-01-01

Analyzes young Portuguese students' perceptions of their rights at school and at home. Results reveal that students who have a greater degree of personal limitations, or who live in worse school or family contexts, are the ones who indicate less importance and perceive less existence of rights at school and at home. (Contains 15 references and 5…

Student Rights and Responsibilities

Science.gov (United States)

Today's Education, 1972

1972-01-01

Article summarizes National Education Association pamphlet. As citizens, students should have full protection of Bill of Rights, due process, protection from illegal search or seizure. As clients of institution, should have substantial influence on how institutions affect their lives. Proper disciplinary procedures for minor and major infractions…

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.

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…

The Differentiation and Promotion of Students' Rights in Portugal

Science.gov (United States)

Veiga, Feliciano; Garcia, Fernando; Neto, Felix; Almeida, Leandro

2009-01-01

This investigation includes a differential study (Study 1) and a quasi-experimental research (Study 2). In Study 1, the objective was to establish to what extent students' rights existed and analyse the differentiation between students' rights with Portuguese and immigrant mothers, throughout school years. The sample consisted of 537 students with…

Student Rights, Decisionmaking, and the Law. Report No. 10

Science.gov (United States)

Tice, Terrence N.

The issue of student rights and the law is presented in this essay and bibliography. Included are discussion of student activism and the courts, law and morality, the new era of student activism, legal, institutional, and moral rights, and institutional administration and the law. Also considered are constitutional questions raised by student…

The Legal Rights of Students with Disabilities: International Perspectives

Science.gov (United States)

Russo, Charles J., Ed.

2011-01-01

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

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 ...

Does State Legislation Improve Nursing Workforce Diversity?

Science.gov (United States)

Travers, Jasmine; Smaldone, Arlene; Cohn, Elizabeth Gross

2015-08-01

A health-care workforce representative of our nation's diversity is a health and research priority. Although racial and ethnic minorities represent 37% of Americans, they comprise only 16% of the nursing workforce. The purpose of this study was to examine the effect of state legislation on minority recruitment to nursing. Using data from the National Conference of State Legislatures, American Association of Colleges of Nursing, and U.S. census, we compared minority enrollment in baccalaureate nursing programs of states (Texas, Virginia, Michigan, California, Florida, Connecticut, and Arkansas) before and 3 years after enacting legislation with geographically adjacent states without legislation. Data were analyzed using descriptive and chi-square statistics. Following legislation, Arkansas (13.8%-24.5%), California (3.3%-5.4%), and Michigan (8.0%-10.0%) significantly increased enrollment of Blacks, and Florida (11.8%-15.4%) and Texas (11.2%-13.9%) significantly increased enrollment of Hispanic baccalaureate nursing students. States that tied legislation to funding, encouragement, and reimbursement had larger enrollment gains and greater minority representation. © The Author(s) 2015.

Balancing Disruptive Students' Rights with Campus Safety

Science.gov (United States)

Matthew, Kathryn I.; Kajs, Lawrence; Matthew, Millard E.

2017-01-01

Disruptive students potentially pose significant problems for campus administrators as they strive to maintain a safe campus environment conducive to learning while not violating the legal rights of the students. Maintaining a safe campus is important because increasing numbers of students with mental and cognitive disorders are enrolling in…

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…

Mapping Progress : Human Rights and International Students in Australia

Directory of Open Access Journals (Sweden)

Andrew Jakubowicz

2015-12-01

Full Text Available The rapid growth in international student numbers in Australia in the first decade of the  2000s was accompanied by a series of public crises. The most important of these was the outbreak in Melbourne Victoria and elsewhere of physical attacks on the students. Investigations at the time also pointed to cases of gross exploitation, an array of threats that severely compromised their human rights. This paper reviews and pursues the outcomes of a report prepared by the authors in 2010 for Universities Australia and the Human Rights Commission. The report reviewed social science research and proposed a series of priorities for human rights interventions that were part of the Human Rights Commission’s considerations.  New activity, following the innovation of having international students specifically considered by the Human Rights Commission, points to initiatives that have not fully addressed the wide range of questions at state.

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.

Selected Developments in South African Labour Legislation related to Persons with Disabilities

Directory of Open Access Journals (Sweden)

Yvette Basson

2017-04-01

Full Text Available In South Africa marginalised groups have historically been afforded legislative protection in order to ensure that the rights of these groups are respected, protected, promoted and fulfilled. Examples of two such groups are older persons, whose rights are provided for in terms of the Older Persons Act 13 of 2006 and children, whose rights are provided for in terms of the Children's Act 38 of 2005. Persons with disabilities have, however, not yet been the subject of dedicated legislation outlining the content of the rights to which they are entitled. As a result of this lack of dedicated legislation, the rights of persons with disabilities are dealt with in a piecemeal fashion, often in disparate pieces of legislation. In addition to this focus on the rights of persons with disabilities, South African labour law has recently undergone extensive amendments. These amendments have led to the rights of persons with disabilities in the workplace being affected substantially. Since these amendments are as yet untested, little scrutiny of these provisions and the effect they may have on persons with disabilities has been undertaken. This article will thus discuss selected amendments of the labour legislation, and interrogate the practical effect these amendments may have on the rights of such persons. Of particular importance for the purposes of this article is the updating of an existing institution known as Sheltered Employment Factories, as well as the introduction of harsher penalties for employers who remain non-compliant with certain provisions of the Employment Equity Act 55 of 1998.

A Summary of Three Areas of School Law: Students' Rights, Torts, and Teachers' Rights.

Science.gov (United States)

Curry, Michael J.

1981-01-01

The intent of this article is to provide working administrators with a synopsis of court cases and legal principles relating to student rights (search and seizure, due process in discipline cases, freedom of expression, exclusion from school); torts (assault, negligence); and teachers' rights (academic freedom, freedom of speech, employee rights).…

[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.

Human and peoples' rights: social representations among Cameroonian students.

Science.gov (United States)

Pirttilä-Backman, Anna-Maija; Kassea, Raul; Sakki, Inari

2009-12-01

Social representations of human and peoples' rights were studied among Cameroonian university students (N = 666) with a questionnaire based on the UN Declaration of Human Rights and the African Charter on Human and Peoples' Rights and Duties. The respondents were asked how important and how well realized they regarded the 39 human and peoples' rights to be. A 13-factor model provided the best fit with Cameroonian students' perceptions of human and peoples' rights. Taken as a whole, our results are in line with previous quantitative studies on human rights, confirming structural similarity but also country-specific variation in the aggregation of specific rights. Moreover, our data showed that Cameroonian students value human and peoples' rights highly (M = 6.18), whereas their fulfillment is not regarded as highly (M = 5.09). Same law for all, equality and freedom, and right to work and living were highly appreciated but lowly realized rights. Higher than average in importance and realization were right to education and self-fulfillment, right to marriage and property, peoples' social and political basic rights and right to life and safety. Low in importance and realization were peoples' right to their country's natural resources and independence, right to meetings, and right to express opinion. Women appreciated the rights more than men and thought of their rights as better realized compared to men. We suggest that when women say that their rights are better fulfilled than men do, it is in comparison with the older generation, who are still very dependent on men. Nowadays, thanks to education and urbanization, young women have wider choices or opportunities for marriage and jobs. Men may feel frustrated in the context of political liberalization because the freedoms are more theoretical than fulfilled; the economic crises and cultural changes have hindered their economic domination and their prerogatives.

Legislative Committee Simulation: Regulation in the Automobile Industry.

Science.gov (United States)

Hoffman, Alan J.; And Others

1983-01-01

Examined are ways to overcome obstacles which often prevent creative teaching of legislative decision-making processes to high school students. A simulation dealing with regulation in the automobile industry is used for illustrative purposes. (RM)

The legislative and litigation history of special education.

Science.gov (United States)

Martin, E W; Martin, R; Terman, D L

1996-01-01

Between the mid 1960s and 1975, state legislatures, the federal courts, and the U.S. Congress spelled out strong educational rights for children with disabilities. Forty-five state legislatures passed laws mandating, encouraging, and/or funding special education programs. Federal courts, interpreting the equal protection and due process guarantees of the Fourteenth Amendment to the U.S. Constitution, ruled that schools could not discriminate on the basis of disability and that parents had due process rights related to their children's schooling. Congress, in legislation now retitled the Individuals with Disabilities Education Act (IDEA), laid out detailed procedural protections regarding eligibility for special educational services, parental rights, individualized education programs (IEPs), the requirement that children be served in the least restrictive environment, and the need to provide related (noneducational) services. Decisions on instructional matters such as curricula and the elements of the IEP remain the province of local and state authorities. Advocates for students with disabilities have continually sought separate (categorical) funding for special education services. Current movements toward block grants rather than categorical programs and toward greater inclusion of special education students in general education classrooms raise concerns in some quarters about whether students with disabilities will continue to have full access to the special services they need. While the cost of special services may be an unexpressed criterion in many decisions made by school districts, nowhere does the IDEA explicitly allow cost to be considered. Where a service is necessary for an individual child, cost considerations would not allow a school district to escape its obligations to the child. However, in instances where more than one appropriate configuration of services is available to meet a child's needs, the school district may be allowed to consider the cost

Encouraging students to ask right questions

Indian Academy of Sciences (India)

Lawrence

of academics, right from formal teaching and handling research projects ... always thought that an ideal education system is one which strives ... of Applied Physics, Journal of Biomedical Technology, Applied ... students have attended many international and national confer- ... I dream of a vibrant, creative, knowledge-based.

Is there a foundation in South African legislation to require students ...

African Journals Online (AJOL)

2014-05-10

May 10, 2014 ... An important ethical concern related to student involvement in patient care that is ..... The Consumer Protection Act[28] provides two further important rights to consumers .... Ethics and Behaviour 2007;17(4):387-402. [http://.

The Effect of Children's Rights Training on Primary School Students' Utilisation and Knowledge Level about Children's Rights

Science.gov (United States)

Ozmen, Suna Kaymak; Ocal, Tugba; Ozmen, Ahmet

2014-01-01

Recently, children's rights issue has taken attention. In this study, main purpose was to investigate the utilisation and knowledge level of 4th and 5th grade primary school students after children's rights training. The participants of this survey study were selected randomly from 10 schools. Results indicated that students had the chance to…

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

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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.

Student First Amendment Rights: Wisconsin School Board Association.

Science.gov (United States)

Baldwin, Gordon B.

Issues in students' First Amendment rights are discussed in this paper, which is directed toward school board members. The "Tinker v. Des Moines Independent Schools" (1969) decision is discussed, in which the United States Supreme Court struck down the discipline imposed on students who wore black armbands during school hours to protest…

Student Press and Distribution Issues: Rights and Responsibilities.

Science.gov (United States)

Bartlett, Larry D.

1984-01-01

This review analyzes case law in the area of student press and distribution and offers some guidelines for developing and implementing school policy and rules. Litigation is reviewed in order to clarify students' rights, limitations on administrative authority in matters of censorship and prior restraint, and actions in connection with writing and…

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…

The Human Rights Philosophy: Support and Opposition among Undergraduate Social Work Students

Science.gov (United States)

Steen, Julie A.; Mann, Mary; Gryglewicz, Kim

2016-01-01

In response to the rising importance of human rights, social work student attitudes toward human rights and the effect of human rights course content on these attitudes were assessed. Descriptive results from a sample of 77 students pointed to a few areas of low support for the human rights philosophy, specifically rights related to mental…

Privacy for All Students? Talking about and around Trans Students in "Public"

Science.gov (United States)

Stiegler, Sam

2016-01-01

This paper places under examination the arguments used to fight against school policies and legislation intended to guarantee and protect the rights of trans students. That is, the paper's central investigation works to uncover the regimes of truth about children, gender, race and privacy implicit in the methods employed by activists who seek to…

The Legal Rights of Pregnant Students and Pregnant Employees.

Science.gov (United States)

Evers, Irving C.

This speech presents an analysis of court cases dealing with the rights of pregnant students and pregnant employees. The discussion of these rights, such as the right to maternity leave, focuses around the Civil Rights Act of 1964 and its implications for equal employment opportunity. The court cases discussed consider the application of the equal…

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

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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

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…

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…

Student Rights and Responsibilities. Derechos y Responsabilidades de Estudiantes.

Science.gov (United States)

Washington Office of the State Superintendent of Public Instruction, Olympia.

Developed to enable teachers, counselors, and administrators in local school districts to provide Mexican American parents and students with needed information regarding student rights and responsibilities, this Spanish translation for the state of Washington provides general information concerning state regulations which school districts and…

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.

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.

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…

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...

Dental students--dental advocates.

Science.gov (United States)

Bensch, Brittany

2010-01-01

Student advocacy and involvement in the political process is built into the structure of the American Student Dental Association (ASDA), especially in its Legislative Grassroots Network and an internal communication network among students to ensure political awareness. Students are concerned with such issues as a universally accepted, non-patient-based licensure process, mid-level providers, loan availability and tax deductibility, financial support for schools, and service early in one's professional career (giving forward rather than giving back). Through collaboration with the American Dental Education Association and with many state associations, students participate in lobbying, awareness campaigns, and behind the scenes as legislative aids. Although students share the same love for the profession that animates established practitioners, they are perceived by legislators as being different. Students are involved in the legislative process because it represents their future.

25 CFR 42.10 - How must the school communicate individual student rights to students, parents or guardians, and...

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false How must the school communicate individual student rights to students, parents or guardians, and staff? 42.10 Section 42.10 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR EDUCATION STUDENT RIGHTS § 42.10 How must the school communicate individual...

Mental health legislation in Ireland: a lot done, more to do.

Science.gov (United States)

Latif, Zahid; Malik, Mansoor A

2012-01-01

Mental health legislation is necessary to protect the rights of people with mental disorders, a vulnerable section of society. Ireland's new Mental Health Act 2001 was fully implemented in 2006 with the intent of bringing Irish legislation more in line with international standards, such as the European Convention on Human Rights and United Nations Principles for the Protection of Persons with Mental Illness. The new legislation introduced several important reforms in relation to involuntary admission, independent reviews of involuntary detention, consent to treatment, and treatment of children and adolescents. It also presented significant challenges in terms of service delivery and resources within Irish mental health services. Both mental health service users and providers reported a range of difficulties with the new legislation. In this article, we analyze the Irish Mental Health Act focusing on the enhanced protection that it provides for patients, but also highlighting some areas of concern such as the conduct of mental health tribunals, consent and capacity problems, resource allocation, and disruptions in mental health service delivery.

Nursing students' learning motivation toward technical knowledge and their ethics regarding patients' rights.

Science.gov (United States)

Kudo, Yasushi; Hayashi, Sachiko; Yoshimura, Emiko; Shibuya, Akitaka; Aizawa, Yoshiharu

2013-05-01

Nursing students must develop their abilities to provide appropriate nursing services. They need to acquire the level of nursing knowledge to pass the national examination according to Japanese law. Moreover, even if the awareness of the rights of people who receive nursing services increases, students must not have a sense of resistance toward those rights. Therefore, we investigated the factors associated with students' motivation to pass their examination and such a sense of resistance. We produced items related to reasons students wanted to become registered nurses with reference to job satisfaction and their learning environment (e.g., teachers' manners and school events unrelated to the examination). There were 3,417 female nursing students analyzed in 29 vocational schools that allow graduation after a 3-year study period (average age, 21.93 years [standard deviation, 5.44]). Older and third-year students had a stronger motivation to pass the examination and a weaker sense of resistance to people's rights compared with younger and first- to second-year students. Students who answered a "Lack of enthusiasm for becoming a registered nurse" had a weakened motivation and a strengthened sense of resistance. Factors enhancing students' motivation to pass their examination were "Professional commitment," "Desire for companionship," and "School events unrelated to the national examination." Factors strengthening students' sense of resistance to people's rights were "Living stability" and "Social appraisal." Teachers must develop methods to teach ethics so that their students respect the rights of people who receive nursing services and to ensure that they acquire the necessary nursing knowledge.

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

Library legislation and free access to information as new topics in library and information science education.

Directory of Open Access Journals (Sweden)

2000-01-01

Full Text Available An outline of LIS programs offered by the Department of Information Sciences, Faculty of Philosophy, University of Zagreb is given. Factors affecting the recent curriculum revision are described and the reasons for the introduction of a new course in library legislation and standards have been pointed out. The intention of the course has been to make students aware of the existence of international documents relevant to libraries and librarians and to show how the current trends are reflected in national legislation. It is hoped that the course might help students improve their understanding of the legal context surrounding libraries and other information institutions and teach them to appreciate the importance of good legislation.

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.

An analysis of student privacy rights in the use of plagiarism detection systems.

Science.gov (United States)

Brinkman, Bo

2013-09-01

Plagiarism detection services are a powerful tool to help encourage academic integrity. Adoption of these services has proven to be controversial due to ethical concerns about students' rights. Central to these concerns is the fact that most such systems make permanent archives of student work to be re-used in plagiarism detection. This computerization and automation of plagiarism detection is changing the relationships of trust and responsibility between students, educators, educational institutions, and private corporations. Educators must respect student privacy rights when implementing such systems. Student work is personal information, not the property of the educator or institution. The student has the right to be fully informed about how plagiarism detection works, and the fact that their work will be permanently archived as a result. Furthermore, plagiarism detection should not be used if the permanent archiving of a student's work may expose him or her to future harm.

Students' Rights: A Guide to the Right of Children, Youth and Future Teachers.

Science.gov (United States)

Haberman, Martin

After a preface in which Judge Robert Landry cites the importance of the Galt Decision, the paper summarizes the rights of students in elementary and secondary schools. This is presented through case histories. The decisions are grouped into the categories of freedom of expression, search and seizure, dress and grooming, invasion of privacy, and…

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

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…

The Educational Rights of Students: International Perspectives on Demystifying the Legal Issues

Science.gov (United States)

Russo, Charles J., Ed.; Stewart, Douglas J., Ed.; De Groof, Jan, Ed.

2006-01-01

Education law has emerged as an important concern to educators in many countries around the world. While there are similarities in the range of rights that students in various countries have, there are also many differences. This book provides a comprehensive examination the status of the legal rights of students in 13 international communities.…

FORENSIC DNA BANKING LEGISLATION IN DEVELOPING COUNTRIES: PRIVACY AND CONFIDENTIALITY CONCERNS REGARDING A DRAFT FROM TURKISH LEGISLATION.

Science.gov (United States)

Ilgili, Önder; Arda, Berna

This paper presents and analyses, in terms of privacy and confidentiality, the Turkish Draft Law on National DNA Database prepared in 2004, and concerning the use of DNA analysis for forensic objectives and identity verification in Turkey. After a short introduction including related concepts, we evaluate the draft law and provide articles about confidentiality. The evaluation reminded us of some important topics at international level for the developing countries. As a result, the need for sophisticated legislations about DNA databases, for solutions to issues related to the education of employees, and the technological dependency to other countries emerged as main challenges in terms of confidentiality for the developing countries. As seen in the Turkish Draft Law on National DNA Database, the protection of the fundamental rights and freedoms requires more care during the legislative efforts.

'Parental Rights:' The Trojan Horse of the Religious Right Attack on Public Education.

Science.gov (United States)

People for the American Way, Washington, DC.

The potential intended and unintended impact of parental rights initiatives on public education and child welfare agencies and on existing laws demands further scrutiny of the legislation and of its proponents and their motivations. Proponents assert that parental rights initiatives would guarantee parents' rights to direct the upbringing of their…

The influence of repressive legislation on the structure of a social media network

OpenAIRE

Marcoux, Marianne; Lusseau, David

2013-01-01

Social media have been widely used to organize citizen movements. In 2012, 75% university and college students in Quebec, Canada, participated in mass protests against an increase in tuition fees, mainly organized using social media. To reduce public disruption, the government introduced special legislation designed to impede protest organization. Here, we show that the legislation changed the behaviour of social media users but not the overall structure of their social network on Twitter. Th...

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.

Training medical students in human rights: a fifteen-year experience in Geneva

Directory of Open Access Journals (Sweden)

Philippe Chastonay

2012-09-01

Full Text Available Background: Training health professionals in the field of human rights has long been advocated by the United Nations. Over the past decade some medical schools have introduced health and human rights courses, yet by far not all. This paper describes the objectives and the content of the Health and Human Rights program developed at the Faculty of Medicine, University of Geneva. Methods: The health and human rights program was developed through the identification of the course objectives, contents, and educational modalities using consensus techniques, and through a step by step implementation procedure integrating multiple evaluation processes. Results: Defined objectives included the familiarization with the concepts, instruments and mechanisms of human rights, the links between health and human rights, and the role of health professionals in promoting human rights. The content ultimately adopted focused on the typology of human rights, their mechanisms of protection, their instruments, as well as social inequalities and vulnerable groups of the population. The implementation proceeded through a step by step approach. Evaluation showed high satisfaction of students, good achievement of learning objectives, and some academic and community impact. Conclusions: High interest of students for a human rights course is encouraging. Furthermore, the community projects initiated and implemented by students may contribute to the social responsibility of the academic institution.

LANGUAGE COMPETENCE OF STUDENT TOWARD RIGHT HEMISPHER BRAIN FUNCTION : A Neuropragmatic Study

Directory of Open Access Journals (Sweden)

Handoko Handoko

2015-04-01

Full Text Available It has been known that the right hemisphere is contributed to language processing, especially in macro level, including macrostructure or discourse processing. This research is aimed at evaluating the students’ ability in language processing concerning macrostructure and the right hemispher brain function. This research is based on Dharmaperwira-prins method “Right Hemisphere Communication Assessment” (Pemeriksaan Komunikasi Hemisfer Kanan/PKHK. Research on students’ ability in macrostructure processing is important to conduct since students nowadays are regarded lack of ability in well being communication. The research is conducted toward 38 students of English Department of Andalas University. The data are taken by paper test which is designed to evaluate the students’ ability in macrostructure. The result of research shows that most students have problems in providing important information, adjective, and feeling. By this result, it can be assumed that the participants have problem in right hemisphere competence concerning to language processing. These problems evoke not by accident or lesion in right hemisphere, yet it is caused by brain development which is focused on left hemisphere only. Keyword: Right Hemisphere, Language Assessment, Lexical Semantic, Macrostructure, Pragmatic

Specific prisoners' rights and their obligations as forms of human rights restrictions

Directory of Open Access Journals (Sweden)

В. О. Човган

2014-12-01

Full Text Available This article examines such forms of restrictions on rights of prisoners as an obligation and a specific subjective right. Examples of how these forms of restrictions may appear in legislation are disclosed. It is shown that obligations of prisoners should be always considered as restriction of prisoners' rights. The cases in which a specific right can be recognized as a form of restriction on rights of prisoners are described.

Practices of Citizenship Rights among Minority Students at Chinese Universities

Science.gov (United States)

Zhao, Zhenzhou

2010-01-01

This paper explores how Chinese minority students participate and defend citizenship rights on a university campus against the backdrop of ongoing social changes. Three rights are focused on: freedom of religion, freedom of association, and freedom to use an ethnic language. The data were collected at three universities. Research methods involved…

State Legislators as Co-Pilots: Some "Helicopter Parents" Play Politics to Protect Their Children's Interests on Campuses

Science.gov (United States)

Lipka, Sara

2005-01-01

The US state lawmakers are concerned with the budgets and management of public colleges, though with a little push from "helicopter parents" who hover over their college-age children and challenge administrative decisions, legislators are increasingly intervening in a range of student-life issues. Frequently, legislators who are parents…

North Dakota 1991 Close Up--A Legislative Insight. Participant Guide.

Science.gov (United States)

North Dakota State Dept. of Public Instruction, Bismarck.

This guide is designed for those who participate in North Dakota's Close Up program, a program that provides the state's young people with the opportunity to experience government firsthand in an innovative and participatory setting. The state's 1991 legislative program offers a broad range of activities for student participants, including:…

Knowledge and Attitude of Saudi Health Professions’ Students Regarding Patient’s Bill of Rights

Directory of Open Access Journals (Sweden)

Salwa B. El-Sobkey

2014-08-01

Full Text Available Background Patient’s rights are worldwide considerations. Saudi Patient’s Bill of Rights (PBR which was established in 2006 contained 12 items. Lack of knowledge regarding the Saudi PBR limits its implementation in health facilities. This study aimed to investigate the knowledge of health professions’ students at College of Applied Medical Sciences (CAMS Riyadh Saudi Arabia regarding the existence and content of Saudi PBR as well as their attitude toward its ineffectiveness. Method A 3-parts survey was used to collect data from 239 volunteer students participated in the study. Data were analyzed by descriptive and analytical statistics using SPSS. Results Results showed that although the majority of students (96.7% believe in the ineffectiveness of patient’s rights, half (52.3% of them had perceptual knowledge regarding the existence of Saudi PBR and only 7.9% of them were knowledgeable about some items (1–4 items of the bill. Privacy and confidentiality of patient was the most common known patient’s rights. Students’ academic level was not correlated to neither their knowledge regarding the bill existence or its content nor to their attitude toward the bill. The majority of the students (93% reported that only one course within their curriculum was patient’s rights-course related. About one quarter (23.4% of the students reported that teaching staff used to mention patient’s rights in their teaching sessions. Conclusion The Saudi health professions students at CAMS have positive attitude toward the ineffectiveness of patient’s rights nevertheless they showed limited knowledge regarding the existence of Saudi PBR and its contents. CAMS curriculums do not support the subject of patient’s rights.

An Issue of Conflicting Rights: Nursing Student Charged with Drug Trafficking.

Science.gov (United States)

Cullen, Phyllis; And Others

1997-01-01

Outlines a case of a nursing student charged with drug trafficking who was not suspended due to concern over student rights. Reviews case law that would have supported suspension. Advocates clearly defined policies and procedures that ensure due process while allowing for disciplinary action. (SK)

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...

Right to Inclusive Education for Students with Disabilities in Kenya

Science.gov (United States)

Elder, Brent C.

2015-01-01

This article explores the current inclusive education system in Kenya, and how those practices relate to Article 24 of the United Nations' Convention on the Rights of Persons with Disabilities (CRPD). Local laws and international instruments are presented to shed light on the extent to which students with disabilities have a right to inclusive…

[Guidelines given by several international documents to the Italian legislation on bioethics in scientific research].

Science.gov (United States)

Scuderi, G

2001-01-01

Moving from the most recent progresses in some address international acts on bioethics of the research, the Convention of human rights and biomedicine and La declaration universelle sur le génome humain e les droits de l'homme, this paper describes the legislative acts which regard many aspects of theoretical and practical scientific research, both in the Italian national and supra-national fields. This legislation concerns mainly the following topics: rights of the human subjects of research, informed consent, privacy on the personal data, activity on organ transplantation, research in genetics, activity in the field of treatment of human gametes and embrios. The author here quotes these legislative acts referring briefly to national and international laws.

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.

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

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

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.

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

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…

Reducing Teacher Burnout by Increasing Student Engagement: A Children's Rights Approach

Science.gov (United States)

Covell, Katherine; McNeil, Justin K.; Howe, R. Brian

2009-01-01

Teacher burnout has long been understood to have significant negative effects on teaching efficacy. Research has indicated that student misbehaviour, often a result of disengagement, is a major predictor of teacher burnout. In part to address student disengagement, Hampshire County in England has undertaken a whole-school rights-based reform…

Legislation and Equality in Basic Education for All in China

Science.gov (United States)

Law, Wing-Wah; Pan, Su-Yan

2009-01-01

In China, legislation exists which requires compulsory schooling for all students of school age. This article examines the functions of and the constraints on using law to institutionalize equality in basic education. It argues that, in China, law is a last resort, holding governments of various levels accountable. Law can be a device of social…

Mental health legislation in Lebanon: Nonconformity to international standards and clinical dilemmas in psychiatric practice.

Science.gov (United States)

Kerbage, Hala; El Chammay, Rabih; Richa, Sami

2016-01-01

Mental health legislation represents an important mean of protecting the rights of persons with mental disabilities by preventing human rights violations and discrimination and by legally reinforcing the objectives of a mental health policy. The last decade has seen significant changes in the laws relating to psychiatric practice all over the world, especially with the implementation of the Convention for the Rights of People with Disabilities (CRPD). In this paper, we review the existing legislation in Lebanon concerning the following areas in mental health: treatment and legal protection of persons with mental disabilities, criminal laws in relation to offenders with mental disorders, and laws regulating incapacity. We will discuss these texts in comparison with international recommendations and standards on the rights of persons with disabilities, showing the recurrent contradiction between them. Throughout our article, we will address the clinical dilemmas that Lebanese psychiatrists encounter in practice, in the absence of a clear legislation that can orient their decisions and protect their patients from abuse. Copyright © 2015. Published by Elsevier Ltd.

Women's right to health and Ireland's abortion laws.

Science.gov (United States)

Taylor, Maeve

2015-07-01

The provision of the Irish Constitution that guarantees "the unborn" a right to life equal to that of a pregnant woman has consequences for access to abortion and the care of women in pregnancy generally. Long-awaited legislation to give effect to the narrow constitutional right to abortion was enacted into law in 2013. In 2014, a guidance document for health professionals' implementation of the legislation was published. However, the legislation and guidance document fall far short of international human rights bodies' recommendations: they fail to deliver effective procedural rights to all of the women eligible for lawful abortion within the state and create new legal barriers to women's reproductive rights. At the same time, cases continue to highlight that the Irish Constitution imposes an unethical and rights-violating legal regime in non-abortion-related contexts. Recent developments suggest that both the failure to put guidelines in place and the development of guidelines that are not centered on women or based on rights further reduce women's access to rights and set unacceptable limitations on women's reproductive autonomy. Nevertheless, public and parliamentary scrutiny of cases involving Ireland's abortion laws is increasingly focusing on the need for reform. Copyright © 2015 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

Codification of patients' rights in Poland--the Patients' Rights Act 2008.

Science.gov (United States)

Bosek, Leszek; Pawliczak, Jakub

2010-09-01

The Act of 6 November 2008 on Patients' Rights and the Commissioner for Patients' Rights collect and safeguard patients' basic rights as well as provide, for the first time in Poland, an original concept for patients' collective rights. In addition, the new Act stipulates the specific mechanism for protecting patients' rights by the newly established body called the Commissioner for Patients' Rights. Polish reform of medical law will undoubtedly contribute to the expected ratification of the Convention on Human Rights and Biomedicine. However, the nature of codified rights is relatively abstract, and the Act cannot be read without reference to legislation related to physicians and health care institutions.

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

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

Breast Density Legislation in New England: A Survey Study of Practicing Radiologists.

Science.gov (United States)

Lourenco, Ana P; DiFlorio-Alexander, Roberta M; Slanetz, Priscilla J

2017-10-01

This study aimed to assess radiologists' knowledge about breast density legislation as well as perceived practice changes resulting from the enactment of breast density legislation. This is an institutional review board-exempt anonymous email survey of 523 members of the New England Roentgen Ray Society. In addition to radiologist demographics, survey questions addressed radiologist knowledge of breast density legislation, knowledge of breast density as a risk factor for breast cancer, recommendations for supplemental screening, and perceived practice changes resulting from density notification legislation. Of the 523 members, 96 responded, yielding an 18% response rate. Seventy-three percent of respondents practiced in a state with breast density legislation. Sixty-nine percent felt that breast density notification increased patient anxiety about breast cancer, but also increased patient (74%) and provider (66%) understanding of the effect of breast density on mammographic sensitivity. Radiologist knowledge of the relative risk of breast cancer when comparing breasts of different density was variable. Considerable confusion and controversy regarding breast density persists, even among practicing radiologists. Copyright © 2017 The Association of University Radiologists. Published by Elsevier Inc. All rights reserved.

Love, Legislation, and OSHA [Occupational Safety and Health Act]: Highlights from the Manpower Division

Science.gov (United States)

Vadnais, Arthur

1974-01-01

The conference of the Manpower Division of the American Vocational Association is summarized. Skill centers, relevant Federal legislation, student-instructor relationship, curriculum development, and organization business items were among the topics discussed. (AG)

Human rights at work: Physical standards for employment and human rights law.

Science.gov (United States)

Adams, Eric M

2016-06-01

This review focuses on the human rights dimensions of creating and implementing physical standards for employment for prospective and incumbent employees. The review argues that physical standards for employment engage two fundamental legal concepts of employment law: freedom of contract and workplace human rights. While the former promotes an employer's right to set workplace standards and make decisions of whom to hire and terminate, the latter prevents employers from discriminating against individuals contrary to human rights legislation. With reference to applicable human rights legislative regimes and their judicial interpretation in Canada, the United States, the United Kingdom, and Australia, this review demonstrates the judicial preference for criterion validation in testing mechanisms in the finding of bona fide occupational requirements. With particular attention to the Supreme Court of Canada decision in Meiorin, this review argues that an effective balance between workplace safety and human rights concerns can be found, not in applying different standards to different groups of individuals, but in an approach that holds employers to demonstrating a sufficient connection between a uniform physical standard of employment and the actual minimum requirements to perform the job safety and efficiently. Combined with an employer's duty to accommodate, such an approach to lawful physical standards for employment conceives of worker and public safety and workplace diversity as emanating from a shared concern for human rights.

Counselor Educators' Gatekeeping Responsibilities and Students' First Amendment Rights

Science.gov (United States)

Hutchens, Neal; Block, Jason; Young, Marianne

2013-01-01

In 2 recent legal cases, graduate counselor education students challenged the imposition of remediation plans as violating their First Amendment rights of freedom of speech and religion. With special emphasis on this recent litigation, the article examines the legal standards governing the authority of counselor educators at public colleges and…

A new genre of social protection policy for older people: a critical analysis of legislative development in Nepal.

Science.gov (United States)

Sharma Bhattarai, Lok P

2013-01-01

This commentary critically discusses recent legislation promulgated in Nepal to safeguard older people's rights and promote their well-being. Using a human-rights-based framework, the legislation is analyzed for its strengths and weaknesses. Emphasis has also been placed on discussing various aspects overlooked by the legislation, such as changing family structure, relations, and social values; the impact of employment structure and migration; and, importantly, maintaining a desired balance between the roles of the state and of the family in providing social security, support, and care to older people. Efforts have been made to reflect the promulgated law in light of the contemporary developments taking place globally, particularly in regions of Asia. Areas for future policy work are also identified in order to make legislation more inclusive and effective.

Changes in Tax Legislation and Social Responsibility of Taxpayers and Legislative Institutions

Directory of Open Access Journals (Sweden)

Štager Vesna

2018-03-01

Full Text Available The article deals with the cost of tax compliance which arises for taxpayers from tax complexity and the constant changes in tax legislation. A socially responsible institution for the fiscal aggression is the Financial Administration of the Republic of Slovenia, as its powers and responsibilities creates the tax position of individuals, businesses and the entire economy. The aim of our research is to encourage socially responsible behaviour of legislation institutions in adopting the tax legislation, which will help to improve the social responsibility of taxpayers and increase tax compliance.

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

Building medical ethics education to improve Japanese medical students' attitudes toward respecting patients' rights.

Science.gov (United States)

Saito, Yukiko; Kudo, Yasushi; Shibuya, Akitaka; Satoh, Toshihiko; Higashihara, Masaaki; Aizawa, Yoshiharu

2011-08-01

In medical education, it is important for medical students to develop their ethics to respect patients' rights. Some physicians might make light of patients' rights, because the increased awareness of such rights might make it more difficult for them to conduct medical practice. In the present study, predictors significantly associated with "a sense of resistance to patients' rights" were examined using anonymous self-administered questionnaires. For these predictors, we produced original items with reference to the concept of ethical development and the teachings of Mencius. The subjects were medical students at the Kitasato University School of Medicine, a private university in Japan. A total of 518 students were analyzed (response rate, 78.4%). The average age of enrolled subjects was 22.5 ± 2.7 years (average age ± standard deviation). The average age of 308 male subjects was 22.7 ± 2.8 years, while that of 210 female subjects was 22.1 ± 2.5 years. The item, "Excessive measures to pass the national examination for medical practitioners," was significantly associated with "a sense of resistance to patients' rights." However, other items, including basic attributes such as age and gender, were not significant predictors. If students spent their school time only focusing on the national examination, they would lose the opportunity to receive the ethical education that would allow them to respect patients' rights. That ethical development cannot easily be evaluated with written exams. Thus, along with the acquisition of medical knowledge, educational programs to promote medical students' ethics should be developed.

Right to Truth: Dissapeared students in Ayotzinapa, Mexico

Directory of Open Access Journals (Sweden)

Gabriela Vargas Gómez

2015-10-01

Full Text Available The disappearance of the 43 students Ayotzinapa in Iguala Guerrero, will remain in the history of Mexico as one of the most serious incidents of violation of human rights carried out by organized crime in complicity with public servants. The official version of events does not answer many questions of the family, nor it does answer the questions of the society as a whole. Ensure the right to truth for victims, as well as for the national and international community, must be assumed by the Mexican State as an obligation which complies fully with the necessary guarantees that international principles apply to enforced disappearances, both to repair damage, and to prevent its recurrence.

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

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

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,…

Petroleum Legislation and Administration: Past, Present, Future and Impact on Exploration

International Nuclear Information System (INIS)

Ofurhie, M. A.

2002-01-01

The need to exploit the vast petroleum resources of the country in an optimally efficient manner demands a versatile, responsive, workable legislation and its administration.Therefore, Government enacted the Mineral Oils Act of 1914, which regulates the right to search and develop mineral oil efficiently. Specifically, Section 6 (1) (a) provided that Shell Darcy, a British company, had the sole right to operate the Nigerian province as its concession thereby disqualifying other non-British companies from exploration opportunities.The 1914 Act was modified in 1958 to accommodate non-British companies to compete for acreage. Thus, exploration activities increased thereby generating more reserves. Furthermore, exploration activities improved in the frontier areas because government granted the operators incentives, which expensed one exploratory and two appraisal wells as an offset against PPT.The Government promulgated the Petroleum Act of 1969 to ensure good management of the abundant petroleum resources found in the Niger Delta basin. The Act vests the ownership and control of all petroleum resources in the state. The marginal fields legislation strives to encourage more participation by indigenous companies, while at the same time boosting national producible reserves through a farm-in arrangement with concessionaires. Legislations on deep-water exploration have encouraged exploration activities in that terrain though it poses a great challenge to technology. Government's desire to eradicate environmental pollution and improve revenue has led it to enact legislations that would properly position Nigerian gas to compete favourably in the world market. Joint studies by government and operators in viable options for utilizing uncommitted gas through projects such as Gas-to Liquid, NGL and IPP are on-going.Although many of the Legislations have not changed by a large margin, their dynamic administration accommodates their reviews to match increasingly difficult safety

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

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

Sex Education and Student Rights: Including the Missing Actor

Science.gov (United States)

Clarke, Paul T.

2011-01-01

In the West, sex education has always been a taboo subject that continues to challenge the public schools. Drawing on recent developments in some Canadian provinces, I argue that we cannot begin to address the issue of responsible sex education until we first acknowledge that students themselves have a moral and constitutional right to this kind…

Student Rights Associated with Disciplinary and Academic Hearings and Sanctions

Science.gov (United States)

La Roche, Claire R.

2005-01-01

This paper examines whether students have due process rights associated with disciplinary and academic hearings. Constitutional challenges, case law, and the requirements of due process are discussed. Suggestions are made for procedures a school should follow to fulfill the requirements of due process.

Censorship Now: Revisiting "The Students' Right to Read." A Policy Research Brief

Science.gov (United States)

National Council of Teachers of English, 2014

2014-01-01

"The Students' Right to Read," published in 1961, revised in 1981, and reaffirmed by the National Council of Teachers of English (NCTE) Executive Committee in 2012, responds to censorship or attempts to restrict or deny students access to materials deemed objectionable by some individual or group. Despite this position statement and the…

Marketing and Distribution: New Minimum Wage Legislation: Impact on Co-Op DE Programs.

Science.gov (United States)

Husted, Stewart W.

1978-01-01

Impact on distributive education cooperative programs due to the legislation increasing the minimum wage effective January 1, 1978, indicates that the change could greatly restrict future cooperative placements, thereby reducing distributive education enrollments. Employer strategies (for example, reducing student work hours) to overcome wage…

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

African Journals Online (AJOL)

MJM Venter

2017-12-19

Dec 19, 2017 ... effective remedy for a human rights violation.1 In other words, a victim of a human ... authorities to take responsibility; the absence of legislative ... shall be entitled to compensation from that other person". 3 .... Put in a practical and comparative perspective, there is a great ...... See also Beyleveld 1995 Public.

International human rights for mentally ill persons: the Ontario experience.

Science.gov (United States)

Zuckerberg, Joaquin

2007-01-01

This article is part of a working project which assesses Ontario's mental health legislation and practice vis-à-vis international human rights standards. The paper focuses on procedural safeguards provided by the major international human rights instruments in the field of mental health law such as the UN Principles for the Protection of Persons with Mental Illness (MI Principles) and the European Convention on Human Rights as interpreted by the European Human Rights Court. In analysing Ontario's compliance with international standards, the paper will explore some problems arising from the implementation of the legislation with which the author is familiar with from his experience as counsel for the Consent and Capacity Board. The paper aims to generate discussion for potential reforms in domestic legal systems and to provide a methodology to be used as a tool to assess similar mental health legislation in other local contexts.

Bioethical Problems: Animal Welfare, Animal Rights.

Science.gov (United States)

March, B. E.

1984-01-01

Discusses various bioethical issues and problems related to animal welfare and animal rights. Areas examined include: Aristotelian views; animal welfare legislation; Darwin and evolutionary theory; animal and human behavior; and vegetarianism. A 14-point universal declaration of the rights of animals is included. (JN)

Legislative Measures to Prevent and Combat Sexual Violence Against Child: National and International Perspective

OpenAIRE

Wibowo, Antonius PS

2016-01-01

Legislative measures is one of some measures commonly used as Internationally accepted on the logical framework to ensure that implementation of the International convention at the States parties to its International convention will become appropriate. In context of implementation of the Convention on the Rights of the Child, legislative measures should be afforded by an administrative and other measures that include among others: decentralisation, federalisation and delegation; training and ...

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.

The Minor's Right to Consent to Medical Treatment: A Corollary of the Constitutional Right of Privacy

Science.gov (United States)

Raitt, G. Emmett, Jr.

1975-01-01

Argues that the existing rules governing a physician's liability for treating a child without parental consent merit reconsideration because the minor possesses a fundamental constitutional right, stemming from the right of privacy, to consent to medical care. Proposes guidelines for the development of a legislative program implementing these…

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...

A Student Right of Privacy: The Developing School Records Controversy

Science.gov (United States)

Zdeb, Michael J.

1975-01-01

Current legal ramifications of the right of privacy in students' school records are examined. It is suggested that resolution of the school record problem must be made with the realization that whatever is imprinted on a youth will affect his future and that of society. (LBH)

Medical students' experiences of professional lapses and patient rights abuses in a South African health sciences faculty.

Science.gov (United States)

Vivian, Lauraine M H; Naidu, Claudia S; Keikelame, Mpoe J; Irlam, James

2011-10-01

To elicit South African medical students' experiences of witnessing patient rights abuses and professional lapses during their clinical training in order to inform an appropriate and effective response. During June and July 2009 at the University of Cape Town Faculty of Health Sciences, the authors surveyed 223 fourth-, fifth-, and sixth-year medical students in selected clinical rotations concerning abuses they had observed. Volunteers were later interviewed individually. The authors coded interview transcripts for key themes using a constant-comparative grounded theory approach. Of 223 students surveyed, 183 (82%) responded, 130 (71%) of whom reported witnessing patient rights abuses and professional lapses, including physical abuse (38%), verbal abuse (37%), disrespect for patients' dignity (25%), and inadequately informing patients about their treatment (25%). Students attributed abuse to stressed health workers, overburdened facilities, and disempowered patients. Most students who witnessed abuse (59%) did not actively respond, and 64% of survey respondents felt unprepared or uncertain about challenging abuses in the future. Interviews with 28 students yielded detailed accounts of the abuses witnessed and of students' emotional reactions, coping strategies, and responses. Most students did not report abuses; they feared reprisal or doubted it would make a difference. This study demonstrates the disjunction between what these students were taught about human rights and ethics and what they witnessed in clinical settings. The high prevalence of patient rights abuses experienced by these students highlights the need to align medical ethics and human rights with medico-legal protocols in theory and clinical practice.

Suggestions for Compliance with Privacy Rights of Parents and Students (Buckley Amendments).

Science.gov (United States)

Arizona State Dept. of Education, Phoenix.

These suggestions for formulating school district policies governing the confidentiality and release of student records are based on the Family Educational Rights and Privacy Act (the Buckley amendment) and on relevant Arizona state law. A checklist, which covers the major section of the Family Educational Rights and Privacy Act, is designed to…

CONSOLIDATION OF ARGUMENTS IN FAVOR OF THE RIGHT OF ACCESS TO PUBLIC INFORMATION AS A FUNDAMENTAL RIGHT

OpenAIRE

MANUEL PALOMARES HERRERA

2017-01-01

Analysis of the doctrinal position regarding the nature of the right of access to public information and the development of new arguments that reinforce and consolidate its fundamental nature. This right is recognized as a human right in many international declarations; in Spain the legislation of transparency and enforcement is deployed as an instrumental right although it is recognized by many states as an autonomous fundamental right without need to be linked to other fundamental rights.

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.

The relevance of introducing opposition proceedings into the Serbian trademark legislation

Directory of Open Access Journals (Sweden)

Vasić Aleksandra

2014-01-01

Full Text Available This paper analyzes the quality of certain legal procedures applied in domestic trademark legislation in the light of harmonizing our legislation with those of the EU. Trademark Law in the Republic of Serbia (2009 does not rely on opposition proceedings as a phase in the process of trademark registration and a tool that would ensure that only those trademarks that fulfill the necessary conditions are granted legal protection. Intellectual Property Office examines the so-called relative grounds for trademark registration refusal but does so ex officio, thus preventing the holders of trademark rights from benefiting from a relatively inexpensive and effective opposition procedure regarding the registration of a second trademark which violates their previously established rights. In contrast to our trademark laws, EU Council Regulation 207/2009 on Community Trademarks of February 26, 2009 (CTMR -Community trademark regulation enforces opposition proceedings as the most important phase in the process of trademark registration. European experience shows that opposition proceedings carry significant benefits for the process of trademark application. First of all, they allow the holders of previously established trademark rights to avoid long and costly court proceedings whose purpose is to dispute trademarks that violate the owner's rights. Also, state agencies authorizing in trademark approval no longer need to monitor registered trademarks.

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

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.)

28 CFR 51.15 - Enabling legislation and contingent or nonuniform requirements.

Science.gov (United States)

2010-07-01

... future event or if they satisfy certain criteria, the failure of the Attorney General to interpose an...) PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED General... certain form of government to follow specified election procedures, (3) Legislation requiring or...

Teachers' and School Administrators' Preparedness in Handling Students with Special Needs in Inclusive Education in Kenya

Science.gov (United States)

Gathumbi, Agnes; Ayot, Henry; Kimemia, John; Ondigi, Samson

2015-01-01

The philosophy of social inclusion is embedded in current legislation of the convention of child rights and the requirement of equal opportunities for those with disability (Salamanca Statement, 1994). Inclusive education entails taking care of all students including those with special needs like physical, mental or developmental. This paper…

The Environment, Oil and Human Rights in Nigeria | Ikpeze ...

African Journals Online (AJOL)

The third discusses the protection of the environment through legislation and the fourth analyses the possible effect that direct legislation can have on the oil industry activities and the possible effects for future environmental rights and issues. The work concludes by way of some pieces of advice and recommendations on ...

Rare disease patients in China anticipate the sunlight of legislation.

Science.gov (United States)

Gao, J J; Song, P P; Tang, W

2013-06-01

It is estimated that there are over ten million rare disease patients in China currently. Due to a lack of effective drugs and reimbursement regulations for medical expenses the diseases bring most patients enormous physical suffering and psychological despair. Past experience in other countries such as the United States, Japan, and the European Union have shown that legislation is the critical step to improve the miserable situation of rare disease patients. Laws and regulations for rare diseases in these countries prescribe a series of incentives for research and development of orphan drugs which turn out to obviously allow these drugs to flourish. Legislation has also established a drug reimbursement system to reduce the medical burden of the patients. These measures effectively protect the rights and interests of patients with rare diseases. In China, legislation for rare diseases has begun to attract the attention of authorities. It is anticipated that relevant laws and regulations will be established as early as possible to provide safeguards for rare disease patients in China.

State Legislative Developments on Campus Sexual Violence: Issues in the Context of Safety

Science.gov (United States)

Morse, Andrew; Sponsler, Brian A.; Fulton, Mary

2015-01-01

NASPA--Student Affairs Administrators in Higher Education and Education Commission of the States (ECS) have partnered to address legislative developments and offer considerations for leaders in higher education and policy on two top-level safety issues facing the higher education community: campus sexual violence and guns on campus. The first in a…

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

Student Rights, Clarence Thomas, and the Revolutionary Vision of Education

Science.gov (United States)

Warnick, Bryan R.; Rowe, Bradley; Kim, Sang Hyun

2009-01-01

In his concurring opinion to the 2007 U.S. Supreme Court decision, "Morse v. Frederick," Justice Clarence Thomas argues that the "Tinker" decision, which granted students constitutional rights in public schools, should be overturned on originalist grounds. In this essay, Bryan Warnick, Bradley Rowe, and Sang Hyun Kim make the case that Thomas's…

Right to access to justice in environmental matters

Directory of Open Access Journals (Sweden)

Daniela Gračan

2010-01-01

Full Text Available One of the strategic goals of the Republic of Croatia for the following period is its access to the European Union. In order to fulfill it, the Republic of Croatia has in October 2001 signed the Stabilization and Association Agreement and thus overtaken the obligation to strengthen co-operation with European Union member states in struggle against environmental devastation and in promotion of environmental sustainability (Article 103 of Agreement. With the acceptance of the Agreement the process began of the Croatian legislation adjustment to the European Union legal acquirements, and thus of the implementation of numerous European Union Acts into its own legislation. In the area of environmental protection, a large number of regulations, directives, and decisions resolving the objectives regarding further protection were carried out by the competent bodies of the European Union, which the Republic of Croatia must implement in its own legislation during its process of accessing EU. Sure enough, one of the most important questions of environmental protection is the right to approach the legislation on environmental issues by all stakeholders. This paper brings the authors' elaboration on the right to access to justice in matters of environmental protection, its standardizing characteristics, similarities, and differences from the aspect of the Convention on Environmental Information and Public Participation in Environmental Decision-making and Access to Justice in Environmental Matters, European Union Acts, and Croatian legislation.

Harmonization of Legislation of a Candidate Country with EU Legislation: Insights from the Prism of the Citizens of Macedonia

Directory of Open Access Journals (Sweden)

Abdula Azizi

2013-05-01

Full Text Available Since the majority of the Western Balkan countries remain although they have expressed a willingness to join the EU, it is considered necessary to examine the topic of harmonization of national legislation of these countries with the EU legislation. So while until now, to this problem is not devoted adequate attention in scientific circles, it is considered necessary to explain and analyze the theoretical aspect of the harmonization of the legislation of the candidate countries with EU legislation, while they also learned things fr survey was conducted with the citizens of Macedonia where they express their opinions on the harmonization of Macedonian legislation and government policies related to Euro hope that in the future this work will encourage research and other activities related to government policy on the harmonization of national legislation with EU legislation.

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…

Compulsory Community Care in New Zealand Mental Health Legislation 1846-1992

Directory of Open Access Journals (Sweden)

Anthony John O’Brien

2013-05-01

Full Text Available Community treatment orders are considered a new development in mental health care and are consistent with current New Zealand mental health policy of care in the community. However, since its first adoption in 1846, New Zealand mental health legislation has always made provision for compulsory mental health care out of hospital. Analysis of the text of each of the five iterations of mental health legislation shows that an initial (1846 provision for a friend or relative to take a committed patient into his or her care, as an alternative to committal to hospital, continued though various revisions until its current expression as a community treatment order. Using Rochefort’s model of change in mental health policy, we argue that a long static period until 1911 was followed by progressive change throughout the 20th century, although provision for compulsory out-of-hospital care has been continuous over the life of New Zealand’s legislation. In the late-20th century, compulsory mental health care is tied to medical treatment and mental health service surveillance of the patient’s social circumstances. We conclude with recommendations for how reformed legislation may contribute to future mental health policy by giving effect to agendas of positive rights and social inclusion.

Foreign Students in the United States: Policies and Legislation

National Research Council Canada - National Science Library

Haddal, Chad C

2007-01-01

Five years after the September 11, 2001, terrorist attacks by foreign nationals -- including several terrorists on student visas -- the security concerns over foreign student visas are being weighed...

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

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...

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)

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)

Seeing beyond statistics: Examining the potential for disjuncture between legislation, policy and practice in meeting the needs of highly able Scottish students

Directory of Open Access Journals (Sweden)

Niamh Stack

2015-03-01

Full Text Available The question of how best to identify and provide for gifted students has a long and contentious history internationally. In contrast to other countries where there are specialist programmes and in some cases specialist teachers for gifted pupils, Scotland has chosen to adopt an inclusive approach to provision for these students and has created a legislative and curricular framework that in theory provides a strong structure for meeting their educational and developmental needs. While there are significant benefits to this approach, care must be taken to ensure that within the space between intention and practice the needs of these learners have been explicitly identified, considered and met. Each year the Scottish Government conducts a census to collect data from all publically funded schools in Scotland. In accordance with Scottish legislation as part of this process it gathers data pertaining to pupils identified as requiring additional support for their learning, including highly able pupils. However there are anomalies within this data, for example, there are unusual and unexplained discrepancies between the proportions of pupils identified as being highly able in different geographical contexts. The purpose of the present study was therefore to examine the potential causes for these anomalies and to assess the implications for the identification of, and provision for, highly able pupils in Scotland. Thirteen structured telephone interviews were conducted with Local Education Authority personnel across Scotland. These interviews aimed to get behind the statistics and examine how highly able pupils are identified, and provided for, in practice. Several interesting issues emerged from the interviews that may begin to help to explain the anomalies and to help us better understand everyday practice. The results, while encouraging, suggest that there is a need for teachers, educational psychologists, schools and authorities to ensure that the

Pre-Emption, Back-In And Redemption Rights As Well As The Right Of Priority In Acquisition Of Real Estate

Directory of Open Access Journals (Sweden)

Dadańska Katarzyna A.

2015-03-01

Full Text Available Among factors that might significantly diversify common and economic trading, in particular trading in real estate, pre-emption, back-in and redemption rights, as well as the right of priority in acquisition play an important role. These legal instruments, despite certain differences in their legal structures, serve a similar function. Namely, they may be utilized for the purpose of affecting the preferred ownership structure. The legislator in pursuit of the assumed ownership structure may – through the instruments of the pre-emption right, back–in right, redemption right and the right of priority in acquisition – particularly with their statutory character - restrict freedom to trade in ownership with regard to the selection of the real estate purchaser. Simultaneously, in the contracting process, the parties face a certain manner of proceeding imposed, the purpose of which is to conclude the contract on transferring real estate ownership with the partner preferred by the legislator. In certain cases, the legislator goes even further, granting the eligible party a claim under which the eligible party may demand that the party obliged shall submit an appropriate declaration of will, and in the event that the party obliged refuses – the eligible party may seek the judgment of the court replacing that declaration. Proper navigation in the field of real estate trading, in particular with regard to transactions in which the pre-emption right, back-in right, and redemption right, or the right of priority in acquisition is reserved for defined entities, requires defining the legal character of the given instrument, the manner of executing the due right by the eligible party, results of the failure of the parties to the contracting process to fulfill the obligations imposed by the act, and finally, defining whether there are means for the compulsory execution of the power guaranteed by the act and, if yes, what these means are.

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

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…

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,

Legal rights, human rights and AIDS: the first decade. Report from South Africa 2.

Science.gov (United States)

Cameron, E

1993-01-01

A broad range of coercive measures has been considered internationally and applied in some countries in the interest of controlling the spread of HIV. Although a couple such measures are on the books in South Africa, they have never been invoked and will soon be officially repealed. There is, however, a problem in South Africa with the violation by health care workers, employers, and others of individuals' rights to dignity, privacy, and autonomy. The exaggerated and undue fear that doctors and other health workers have of being infected by patients with HIV has led to widespread and gross human rights abuses in clinical management and treatment. Abuses include the refusal of treatment, testing patients for HIV without their informed or any consent, insisting upon HIV testing devoid of diagnostic or therapeutic justification, and widespread breaches of confidentiality. Persons with AIDS and HIV are also denied access to their fair share of national resources. This latter phenomenon is likely to become the principal form of human rights abuse, with racism and class differences exacerbating the problem. The practice is proliferating and takes many forms including pre-employment HIV testing; exclusionary discrimination in insurance; discrimination between HIV and other life-threatening conditions in corporate medical, pension, and provident funds; and the discriminatory denial of fair and adequate health care to people with HIV or AIDS. Discrimination of all kinds, however, retards preventive efforts. Public health therefore demands the recognition and enforcement of individual human rights and that structures of discrimination be eliminated. Human rights protection may, by limiting the effect of discrimination, play a significant part in fighting the epidemic. Protective measures could include enacting legislation to prohibit pre-employment testing, legislation to regulate the provision of insurance and to prohibit or regulate pre-insurance HIV testing and the

Research on the fundamental principles of China's marine invasive species prevention legislation.

Science.gov (United States)

Bai, Jiayu

2014-12-15

China's coastal area is severely damaged by marine invasive species. Traditional tort theory resolves issues relevant to property damage or personal injuries, through which plaintiffs cannot cope with the ecological damage caused by marine invasive species. Several defects exist within the current legal regimes, such as imperfect management systems, insufficient unified technical standards, and unsound legal responsibility systems. It is necessary to pass legislation to prevent the ecological damage caused by marine invasive species. This investigation probes the fundamental principles needed for the administration and legislation of an improved legal framework to combat the problem of invasive species within China's coastal waters. Copyright © 2014 Elsevier Ltd. All rights reserved.

An analysis framework for characterizing and explaining development of EIA legislation in developing countries-Illustrated for Georgia, Ghana and Yemen

Energy Technology Data Exchange (ETDEWEB)

Kolhoff, Arend J., E-mail: akolhoff@eia.nl [Netherlands Commission for Environmental Assessment, P.O. Box 2345, 3500 GH Utrecht (Netherlands); Driessen, Peter P.J., E-mail: p.driessen@uu.nl [Copernicus Institute of Sustainable Development, Utrecht University, P.O. Box 80115, 3508 TC (Netherlands); Runhaar, Hens A.C., E-mail: h.a.c.runhaar@uu.nl [Copernicus Institute of Sustainable Development, Utrecht University, P.O. Box 80115, 3508 TC (Netherlands)

2013-01-15

framework may also assist actors involved in the development of EIA legislation in setting ambitions for EIA legislation that are feasible within the context in which it will be developed and implemented. Application of a country-specific EIA model would seem to be the preferred model to develop EIA legislation because by taking capacities of actors and context factors as a starting point, it offers more potential to well-performing EIA systems. - Highlights: Black-Right-Pointing-Pointer EIA systems develop from less to high ambitious and sometimes vice versa. Black-Right-Pointing-Pointer Ambitions in EIA legislation are determined by the capacity of environment- and sector authority. Black-Right-Pointing-Pointer The political system is the most important context factor explaining the ambitions of an EIA system. Black-Right-Pointing-Pointer An analysis framework developed to measure EIA system ambitions might help to setambitions.

Rights, Equality, Educational Provisions and Facilities for Students with Disabilities in Thailand: Legal and Practical Perspectives over the Past Decade

Directory of Open Access Journals (Sweden)

Chomanad Cheausuwantavee

2012-06-01

Full Text Available This review aims to critically examine the present status of educational provisions and facilities for students with disabilities in Thailand, in accordance with the enforcement of various laws over the past decade (1992-2008. The legal essence of laws such as the Constitution of The Kingdom of Thailand 1997, the Rehabilitation of Disabled Persons Act 1991, and the National Education Act 1999, was typologically compared to actual situations, in terms of educational provisions and facilities, by reviewing a total of 25 research papers.The findings showed that there had been no further educational provisions and facilities for students with disabilities, despite indications within the laws. There are discrepancies between legislations and practices due to the ineffectiveness of law enforcement, and the negative attitudes of service providers and society towards students with disabilities. Therefore, positive attitudes of stakeholders have to be promoted, alongside the new laws.

Clinical psychomotor skills among left and right handed medical students: are the left-handed medical students left out?

Science.gov (United States)

Alnassar, Sami; Alrashoudi, Aljoharah Nasser; Alaqeel, Mody; Alotaibi, Hala; Alkahel, Alanoud; Hajjar, Waseem; Al-Shaikh, Ghadeer; Alsaif, Abdulaziz; Haque, Shafiul; Meo, Sultan Ayoub

2016-03-22

There is a growing perception that the left handed (LH) medical students are facing difficulties while performing the clinical tasks that involve psychomotor skill, although the evidence is very limited and diverse. The present study aimed to evaluate the clinical psychomotor skills among Right-handed (RH) and left-handed (LH) medical students. For this study, 54 (27 left handed and 27 right handed) first year medical students were selected. They were trained for different clinical psychomotor skills including suturing, laparoscopy, intravenous cannulation and urinary catheterization under the supervision of certified instructors. All students were evaluated for psychomotor skills by different instructors. The comparative performance of the students was measured by using a global rating scale, each selected criteria was allotted 5-points score with the total score of 25. There were no significant differences in the performance of psychomotor skills among LH and RH medical students. The global rating score obtained by medical students in suturing techniques was: LH 15.89 ± 2.88, RH 16.15 ± 2.75 (p = 0.737), cannulation techniques LH 20.44 ± 2.81, RH 20.70 ± 2.56 (p = 0.725), urinary catheterization LH 4.33 ± 0.96 RH 4.11 ± 1.05 (p = 0.421). For laparoscopic skills total peg transfer time was shorter among LH medical students compared to RH medical students (LH 129.85 ± 80.87 s vs RH 135.52 ± 104.81 s) (p = 0.825). However, both RH and LH students completed their procedure within the stipulated time. Among LH and RH medical students no significant difference was observed in performing the common surgical psychomotor skills. Surgical skills for LH or RH might not be a result of innate dexterity but rather the academic environment in which they are trained and assessed. Early laterality-related mentoring in medical schools as well as during the clinical residency might reduce the inconveniences faced by the left

A High School Student's Bill of Rights. Teaching Resources in the ERIC Database (TRIED) Series.

Science.gov (United States)

Gottlieb, Stephen S.

Designed to tap the rich collection of instructional techniques in the ERIC database, this compilation of lesson plans focuses on teaching high school students their Constitutional rights and responsibilities. The 40 lesson plans in the book cover the courts and basic rights, the rights of criminal suspects, the rights of minors and education law,…

Rail passengers rights

Directory of Open Access Journals (Sweden)

Đurđev Dušanka J.

2016-01-01

Full Text Available The legal framework of rail passengers rights is set out in a combination of international and European law: an international measure, the rather unwieldy Uniform Rules concerning the Contract for International Carriage of Passengers and Luggage by Rail, forming part of the Convention concerning International Carriage by Rail of 9 May 1980 (as amended by the Vilnius Protocol of 3 June 1999 ['CIV'], lays down a basic framework which is then fleshed out by more recent EU legislation, Regulation (EC No 1371/2007 on Rail Passengers ' Rights and Obligations. Regulation 1371/2007/EC on rail passenger rights and obligations sets out minimum quality standards that have to be guaranteed to all passengers on all lines. .

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

HARMONIZATION OF UKRAINIAN LABOUR LEGISLATION ACCORDANCE WITH ACQUIS COMMUNAUTAIRE OF THE EUROPEAN UNION

Directory of Open Access Journals (Sweden)

Vodianka LIUBOV

2017-12-01

Full Text Available The article proves the necessity of harmonization of the Ukrainian labour legislation in accordance with Acquis communautaire. The main legal acts in the sphere of Ukrainian labour legislation are analyzed. Special attention in the article is devoted to the critics of the Draft Labour Code of Ukraine, also marked its contradictions, positive sides and shortcomings are indicated. Potential dangers of the protection of labour rights in Ukraine connected with the lack of regulation of activity of trade unions are identified. The conditions necessary for the successful implementation of international labour standards and principles in Ukrainian national law are proposed.

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

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)

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)

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

Cognitive Emotion Regulation Strategies among Left and Right –Handed Students: Gender and Month of Birth

Directory of Open Access Journals (Sweden)

H Zare

2012-08-01

Full Text Available Background & aim: Understanding the brain-behavior relationships based on gender and individual indifferences provide recommendations for more effective educational and behavioral interventions. This study was designed to compare cognitive emotion regulation strategies in left and right –handed students with the emphasis on gender and month of birth. Methods: This descriptive-comparative causal study was performed on 597 (309 girls, 288, boys high school students. Samples were chosen by cluster sampling method. Subjects completed two scales: Chapman handedness inventory and Garnefski cognitive emotion regulation strategies. Data were analyzed using t-test, Goodness of fit and Chi Square test. Results: The left handed students were reported to use rumination strategy more than right handed students, while the mean score of right handed students in refocus on planning strategy was higher than left handed students, which was statistically significant (P<0.05. Data showed that higher prevalence of left handedness in boys than girls, and results did not provide support for month of birth role on handedness. Conclusion: The results of this study provide another support for the role of lateralization in emotion regulation. The findings also have implication for designed intervention programs focused on cognitive emotion regulation strategies.

A review of conservation legislation in Nepal: Past progress and future needs

Science.gov (United States)

Heinen, Joel T.; Kattel, Bijaya

1992-11-01

Nepal is considered a leader among developing nations with regard to conservation legislation and programs; it was among the first Asian nations to develop national conservation legislation, sign CITES, and develop a national conservation strategy. We review the history of modern conservation law in Nepal from the Rana period (early 1950s) to the present. The early legislation focused mainly on strict preservation of areas and species; this phase culminated in the National Parks and Wildlife Conservation Act of 1973. Subsequent legislation has evolved more in the direction of an integrated, holistic approach to conservation and is beginning to incorporate the participation of local people; subsequent amendments to the 1973 act allowed greater rights to rural villagers, and the designation of conservation areas in addition to the more strictly defined protected areas (national parks, wildlife reserves, etc.). Our review of conservation legislation suggests that Nepal has had many successes to date; the country has a protected area system covering over 10% of its land area, and many target species are recovering in parks and reserves. There are also some causes of concern, including staff shortages, financial constraints within the Department of National Parks and Wildlife Conservation, and the fact that there is little legal infrastructure outside of protected areas to enforce conservation laws; further, some aspects of hunting regulations are in need of revision. Primary needs include a comprehensive review of these policies and a nationalized strategy to ameliorate the shortcomings.

Knowledge of reproductive and sexual rights among University students in Ethiopia: institution-based cross-sectional

Directory of Open Access Journals (Sweden)

Adinew Yohannes Mehretie

2013-02-01

Full Text Available Abstract Background People have the right to make choices regarding their own sexuality, as far as they respect the rights of others. The knowledge of those rights is critical to youth’s ability to protect themselves from unwanted reproductive outcomes. Reproductive health targeted Millennium Development Goals will not be achieved without improving access to reproductive health. This study was aimed to assess knowledge of reproductive and sexual rights as well as associated factors among Wolaita Sodo University students. Methods An institution-based cross-sectional survey was conducted among 642 regular undergraduate Wolaita Sodo University students selected by simple random sampling. A pretested and structured self-administered questionnaire was used for data collection. Data were entered using EPI info version 3.5.3 statistical software and analyzed using SPSS version 20 statistical package. Descriptive statistics was used to describe the study population in relation to relevant variables. Bivariate and multivariate logistic regression was also carried out to see the effect of each independent variable on the dependent variable. Results More than half (54.5% of the respondents were found to be knowledgeable about reproductive and sexual rights. Attending elementary and high school in private schools [AOR: 2.08, 95% CI: 1.08, 3.99], coming from urban areas [AOR: 1.46, 95% CI: 1.00, 2.12], being student of faculty of health sciences [AOR: 2.98, 95% CI: 1.22, 7.30], participation in reproductive health clubs [AOR: 3.11, 95% CI: 2.08, 4.65], utilization of reproductive health services [AOR: 2.34, 95% CI: 1.49, 3.69] and discussing sexual issues with someone else [AOR: 2.31, 95% CI: 1.48, 3.62], were positively associated with knowledge of reproductive and sexual rights. Conclusion The level of knowledge of students about reproductive and sexual rights was found to be low. The Ministry of Education has to incorporate reproductive and sexual

Legislation on direct-to-consumer genetic testing in seven European countries.

Science.gov (United States)

Borry, Pascal; van Hellemondt, Rachel E; Sprumont, Dominique; Jales, Camilla Fittipaldi Duarte; Rial-Sebbag, Emmanuelle; Spranger, Tade Matthias; Curren, Liam; Kaye, Jane; Nys, Herman; Howard, Heidi

2012-07-01

An increasing number of private companies are now offering direct-to-consumer (DTC) genetic testing services. Although a lot of attention has been devoted to the regulatory framework of DTC genetic testing services in the USA, only limited information about the regulatory framework in Europe is available. We will report on the situation with regard to the national legislation on DTC genetic testing in seven European countries (Belgium, the Netherlands, Switzerland, Portugal, France, Germany, the United Kingdom). The paper will address whether these countries have legislation that specifically address the issue of DTC genetic testing or have relevant laws that is pertinent to the regulatory control of these services in their countries. The findings show that France, Germany, Portugal and Switzerland have specific legislation that defines that genetic tests can only be carried out by a medical doctor after the provision of sufficient information concerning the nature, meaning and consequences of the genetic test and after the consent of the person concerned. In the Netherlands, some DTC genetic tests could fall under legislation that provides the Minister the right to refuse to provide a license to operate if a test is scientifically unsound, not in accordance with the professional medical practice standards or if the expected benefit is not in balance with the (potential) health risks. Belgium and the United Kingdom allow the provision of DTC genetic tests.

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

Short-term effects of a rights-based sexuality education curriculum for high-school students: a cluster-randomized trial.

Science.gov (United States)

Constantine, Norman A; Jerman, Petra; Berglas, Nancy F; Angulo-Olaiz, Francisca; Chou, Chih-Ping; Rohrbach, Louise A

2015-03-26

An emerging model for sexuality education is the rights-based approach, which unifies discussions of sexuality, gender norms, and sexual rights to promote the healthy sexual development of adolescents. A rigorous evaluation of a rights-based intervention for a broad population of adolescents in the U.S. has not previously been published. This paper evaluates the immediate effects of the Sexuality Education Initiative (SEI) on hypothesized psychosocial determinants of sexual behavior. A cluster-randomized trial was conducted with ninth-grade students at 10 high schools in Los Angeles. Classrooms at each school were randomized to receive either a rights-based curriculum or basic sex education (control) curriculum. Surveys were completed by 1,750 students (N = 934 intervention, N = 816 control) at pretest and immediate posttest. Multilevel regression models examined the short-term effects of the intervention on nine psychosocial outcomes, which were hypothesized to be mediators of students' sexual behaviors. Compared with students who received the control curriculum, students receiving the rights-based curriculum demonstrated significantly greater knowledge about sexual health and sexual health services, more positive attitudes about sexual relationship rights, greater communication about sex and relationships with parents, and greater self-efficacy to manage risky situations at immediate posttest. There were no significant differences between the two groups for two outcomes, communication with sexual partners and intentions to use condoms. Participation in the rights-based classroom curriculum resulted in positive, statistically significant effects on seven of nine psychosocial outcomes, relative to a basic sex education curriculum. Longer-term effects on students' sexual behaviors will be tested in subsequent analyses. ClinicalTrials.gov NCT02009046.

Internationalizing the Right to Know: Conceptualizations of Access to Information in Human Rights Law

Science.gov (United States)

Bishop, Cheryl Ann

2009-01-01

Currently there exists a global movement promoting institutional transparency and freedom of information legislation. Conceptualizing access to government-held information as a human right is one of the latest developments in this global trend promoting access to information. The purpose of this dissertation is to identify and analyze the various…

Evolution of European Union legislation of herbal medicinal products and its transposition to national legislation in 1965-2007: case Finland.

Science.gov (United States)

Koski, Sari M; Laitinen-Parkkonen, Pirjo; Airaksinen, Marja

2015-01-01

The study aim was to explore the progress of legislation relating to herbal medicinal products in the European Union and compare it with the corresponding progress of the legislation in Finland in 1965-2007. The study was carried out using content analysis. Data were searched from publicly available European Union directives and national acts. All definitions and safety-related requirements for herbal medicinal products were identified. The transposition of safety-related requirements into the national legislation was studied. Medicinal products from plant origins have been part of the European Union legislation since 1965. Most plant-based products have not initially been regarded as medicinal products but rather as some kind of medicine-like products. The official definition of herbal medicinal products was introduced in Directive 2004/24/EC and implemented into the Finnish legislation with the terminology to recognise herbal medicinal products as part of medicinal products. The current safety-related requirements of medicinal products concern analogously herbal medicinal products. Herbal medicinal products have had different definitions in pharmaceutical legislation over the study period in the European Union and Finland. The current definition places herbal medicinal products more clearly under the medicinal products' legislation. Safety-related requirements are now practically identical for all medicinal products. Transposition of the European Union legislation into the national legislation in Finland is apparent. Copyright © 2013 John Wiley & Sons, Ltd.

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

29 CFR 784.102 - General legislative history.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false General legislative history. 784.102 Section 784.102 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR STATEMENTS OF GENERAL... Aquatic Products Legislative History of Exemptions § 784.102 General legislative history. (a) As orginally...

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.

29 CFR 783.28 - General legislative history.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false General legislative history. 783.28 Section 783.28 Labor... TO EMPLOYEES EMPLOYED AS SEAMEN Legislative History and Judicial Construction of the Exemptions § 783.28 General legislative history. As originally enacted in 1938, section 13(a)(3) of the Fair Labor...

Taking the right action in the right way: a comparison of frameworks for assessing the health and quality of life of a postsecondary student campus community.

Science.gov (United States)

Racher, Frances E; Hyndman, Kathyrn; Anonson, June; Arries, Ebin; Foster, Cathy

2014-01-01

The focus of campus health research, historically, has been on population health at the individual or aggregate level with little effort to examine the health of the students at a community level with a focus on the broader determinants of health and community-level intervention. The purpose of this article is to critique three models or frameworks of campus health, articulate the World Health Organization (WHO) vision of a health-promoting university, and demonstrate the efficacy of adapting the Community Health Action model for use in university and college settings. Foundational within this proposed model is taking the right action using the right process, an inclusive participatory process. Adaptation of the model requires careful attention to student engagement in community, a healthy campus infrastructure and processes, and relationships beyond the campus. Effective student community assessment and improvement of student community health, ultimately, will serve to generate knowledge and build skills at various levels to benefit the health and quality of life of the students, their student community, the educational institution, and the broader community.

RIGHTS, RULES, AND DEMOCRACY

Directory of Open Access Journals (Sweden)

Richard S. Kay, University of Connecticut-School of Law, Estados Unidos

2012-11-01

Full Text Available Abstract: Democracy require protection of certain fundamental rights, but can we expect courts to follow rules? There seems little escape from the proposition that substantive constitutional review by an unelected judiciary is a presumptive abridgement of democratic decision-making. Once we have accepted the proposition that there exist human rights that ought to be protected, this should hardly surprise us. No one thinks courts are perfect translators of the rules invoked before them on every occasion. But it is equally clear that rules sometimes do decide cases. In modern legal systems the relative roles of courts and legislators with respect to the rules of the system is a commonplace. Legislatures make rules. Courts apply them in particular disputes. When we are talking about human rights, however, that assumption must be clarified in at least one way. The defense of the practice of constitutional review in this article assumes courts can and do enforce rules. This article also makes clear what is the meaning of “following rules”. Preference for judicial over legislative interpretation of rights, therefore, seems to hang on the question of whether or not judges are capable of subordinating their own judgment to that incorporated in the rules by their makers. This article maintains that, in general, entrenched constitutional rules (and not just constitutional courts can and do constrain public conduct and protect human rights. The article concludes that the value judgments will depend on our estimate of the benefits we derive from the process of representative self-government. Against those benefits we will have to measure the importance we place on being able to live our lives with the security created by a regime of human rights protected by the rule of law. Keywords: Democracy. Human Rights. Rules. Judicial Review.

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

Maritime environmental penal law. International and German legislation

International Nuclear Information System (INIS)

Eller, Jan Frederik

2017-01-01

The book on maritime environmental penal law discusses the following issues: part I: introduction into the importance of oceanic environment and its thread, requirement of protective measures,; part II: focus of the study and terminology: oceanic pollution, maritime environmental legislation, international legislation; part 3: international legislative regulations concerning the protection of maritime environment: avoidance of environmental pollution, maritime legislative agreements, existing protective institutions; part 4: state penal power concerning maritime environmental protection; part 5: statutory offense according to German legislation; perspectives for regulations concerning criminal acts on sea.

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.

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

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…

The congressional viewpoint: Deficit reduction and risk legislation

Energy Technology Data Exchange (ETDEWEB)

Chakoff, H.E.

1995-12-31

This presentation will provide a current congressional status of legislation related to low-level waste and DOE cleanup. Key legislation discussed will include S. 755 for Privatization of the Uranium Enrichment Corporation and the markup of H.R. 1020, the Nuclear Waste Legislation. In addition, the session will include a discussion of legislation related to the approval of the Texas compact.

The congressional viewpoint: Deficit reduction and risk legislation

International Nuclear Information System (INIS)

Chakoff, H.E.

1995-01-01

This presentation will provide a current congressional status of legislation related to low-level waste and DOE cleanup. Key legislation discussed will include S. 755 for Privatization of the Uranium Enrichment Corporation and the markup of H.R. 1020, the Nuclear Waste Legislation. In addition, the session will include a discussion of legislation related to the approval of the Texas compact

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…

Marine renewable energy legislation for Nova Scotia : policy background paper

International Nuclear Information System (INIS)

2010-07-01

Marine renewable energy sources can provide Nova Scotia with a large supply of sustainable, non-carbon emitting electricity. One of the largest tidal ranges within the world is contained within the Bay of Fundy, which holds power potential in the form of wind, wave and tidal energy. A strategic environmental assessment (SEA) on the Bay of Fundy's potential marine renewable energy was published in 2008. An assessment of the social, economic, and environmental effects and factors linked with possible development of renewable energy sources in the Bay Fundy was published. Twenty-nine recommendations were offered, including the creation of marine renewable energy legislation incorporating sustainability principles. This discussion paper described the policy drivers and opportunities in Nova Scotia for marine renewable energy sources as well as the challenges and relevant subject areas that should be considered when creating marine renewable energy legislation and policy. Specific challenges that were discussed included a policy approach to development; multiple jurisdictions; Aboriginal issues; economic factors; environmental impacts; occupational and operation safety; allocation of rights; and regulatory issues. It was concluded that if the marine renewable energy resource was going to be created with the possibility of providing commercial electricity generation, a coordinated legislative framework should be established. refs., tabs.

Equality, Legal Certainty and Tax Legislation in the Netherlands
Fundamental Legal Principles as Checks on Legislative Power: A Case Study

Directory of Open Access Journals (Sweden)

Hans Gribnau

2013-03-01

Full Text Available Fundamental legal principles may function as a check on legislative power protecting citizens against arbitrary interferences with their liberty. This contribution deals with the principle of equality and the principle of certainty. First, the testing of legislation against the principle of equality is presented as a case study of constitutional review. In the Netherlands, the constitutional dialogue between the legislator and the Dutch Supreme Court revolving around the principle of equality demonstrates a fair amount of subtle details. As a result, constitutional review can hardly be called an all or nothing affair.Secondly, retroactive tax legislation is dealt with. The legislator does seem to take the principle of legal certainty, another fundamental legal principle, quite seriously, although no testing of statutory legislation is possible by the courts. With regard to retroactive tax legislation the Government has committed itself in a memorandum, requested by Parliament, to adhere to rules of conduct with regard to different situations where it deems retroactive tax legislation to be justified. Thus, a soft law instrument facilitates a dialogue between different partners in the business of law-making.

Psychologists' right to prescribe – should prescribing privileges be ...

African Journals Online (AJOL)

Current changes in legislation regarding prescription rights increase the possibility of non-medical practitioners being authorised to presctibe medication. There has been ongoing debate about granting psychologists in South Africa a limited right to prescribe (RTP) psychotropic medication. The main reasons advanced for ...

Measuring Institutions: Indicators of Political and Property Rights in Malawi

Science.gov (United States)

Fedderke, Johannes; Garlick, Julia

2012-01-01

This paper constructs a new set of institutional indicators for Malawi. We develop indicators of political rights, of freehold, traditional (communitarian) and intellectual property rights, based on the Malawian legislative framework. In exploring the association between our rights measures and a range of indicators of socio-economic development,…

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

Has the implementation of the TRIPS Agreement in Latin America and the Caribbean produced intellectual property legislation that favours public health?

Science.gov (United States)

Oliveira, Maria Auxiliadora; Bermudez, Jorge Antonio Zepeda; Chaves, Gabriela Costa; Velásquez, Germán

2004-11-01

The World Trade Organization's Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement establishes minimum standards for intellectual property rights, including patent protection for pharmaceuticals; therefore, it may make it difficult for developing countries to gain access to medicines, especially those countries that are the least developed. This study aims to determine whether implementation of the TRIPS Agreement in Latin American and Caribbean countries has generated patent legislation that is sensitive to public health needs. Legislation in 11 Latin American and Caribbean countries was analysed. The variables considered in the analysis were: the term of patents issued, patentable subject matter, transition periods (that is, time until legislation was enacted), reversal of the burden of proof of patent infringement, exhaustion of rights, compulsory licensing and the early working exception (which allows a country to complete all procedures necessary to register a generic product before the original patent expires). By 2000, all of the countries studied had reformed their legislation to conform to the agreement. Brazil and Argentina used the transition period until 2005 to grant patents in the pharmaceutical industry. All countries, except Panama, made use of the safeguards and flexibilities available through the agreement by including mechanisms for compulsory licensing in their legislation. Argentina; Bolivia, Colombia, Ecuador, Peru and Venezuela (countries that represented the Andean community); the Dominican Republic; and Panama included mechanisms to allow parallel importation. Mexico did not. Brazil only permits parallel importation after a compulsory licence has been issued. The early working exception is included in legislation in Brazil and the Dominican Republic. The countries in this study did not incorporate all of the mechanisms allowed for by the Agreement and are not adequately using the provisions that enable World Trade

Has the implementation of the TRIPS Agreement in Latin America and the Caribbean produced intellectual property legislation that favours public health?

Science.gov (United States)

Oliveira, Maria Auxiliadora; Bermudez, Jorge Antonio Zepeda; Chaves, Gabriela Costa; Velásquez, Germán

2004-01-01

OBJECTIVE: The World Trade Organization's Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement establishes minimum standards for intellectual property rights, including patent protection for pharmaceuticals; therefore, it may make it difficult for developing countries to gain access to medicines, especially those countries that are the least developed. This study aims to determine whether implementation of the TRIPS Agreement in Latin American and Caribbean countries has generated patent legislation that is sensitive to public health needs. METHODS: Legislation in 11 Latin American and Caribbean countries was analysed. The variables considered in the analysis were: the term of patents issued, patentable subject matter, transition periods (that is, time until legislation was enacted), reversal of the burden of proof of patent infringement, exhaustion of rights, compulsory licensing and the early working exception (which allows a country to complete all procedures necessary to register a generic product before the original patent expires). FINDINGS: By 2000, all of the countries studied had reformed their legislation to conform to the agreement. Brazil and Argentina used the transition period until 2005 to grant patents in the pharmaceutical industry. All countries, except Panama, made use of the safeguards and flexibilities available through the agreement by including mechanisms for compulsory licensing in their legislation. Argentina; Bolivia, Colombia, Ecuador, Peru and Venezuela (countries that represented the Andean community); the Dominican Republic; and Panama included mechanisms to allow parallel importation. Mexico did not. Brazil only permits parallel importation after a compulsory licence has been issued. The early working exception is included in legislation in Brazil and the Dominican Republic. CONCLUSION: The countries in this study did not incorporate all of the mechanisms allowed for by the Agreement and are not adequately using the

Health rights knowledge among medical school students at King Abdulaziz University, Jeddah, Saudi Arabia.

Directory of Open Access Journals (Sweden)

Samia M Al-Amoudi

Full Text Available Health care is a basic human right, and Saudi Arabia affirms these rights for all its citizens.To assess the knowledge of medical students regarding health rights in Saudi Arabia.This cross-sectional study was conducted at King Abdulaziz University (KAU from September 2015 through November 2015. A questionnaire written in English collected demographic data and included questions about reproductive health care and health rights of women and patients with cancer, senility, or special needs.Of the 267 participants, 184 (68.9% were female, and 252 (94.4% were Saudi. Regarding consent, 87 (32.6% and 113 (42.3% participants believed a female patient required the consent of a male guardian to receive medical treatment or surgery, respectively, in Saudi Arabia, and only 106 (39.7% knew that a female patient could provide consent for a caesarean section. Sixty-six (24.7% believed that abortion is never allowed in Islam. Only 93 (34.8% were aware that acquired immunodeficiency syndrome (AIDS and human immunodeficiency virus (HIV patients had health rights, about half (144, 53.9% knew that cancer patients have a right to full information, and most (181, 67.8% believed that a patient had the right to withhold health information from his/her family. Approximately half were aware that cancer patients have the right to free medical treatment (138, 51.7% or that health rights applied to special needs patients (137, 51.3% and senile patients (122, 45.7%.The knowledge of KAU medical students regarding health rights of certain patient populations highlights the importance of health rights education in medical school.

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.

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...

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)

Legislation on university technology transfer and research management 2012

International Nuclear Information System (INIS)

2012-02-01

This book deals with legislation on university technology transfer in 2012, which includes invention promotion act, legislation on technology transfer and promotion of industrialization, legislation on industrial education and industrial cooperation, and special legislation on venture business. It lists the legislation related research and development by government department : fundamental law of scientific technique, law on evaluation and management of domestic research development business, national science and technology council and the patent office.

77 FR 58175 - Resale Royalty Right

Science.gov (United States)

2012-09-19

... special instructions. FOR FURTHER INFORMATION CONTACT: Jason Okai, Counsel, Office of Policy and... copyright policy justification for enacting resale royalty right or droit de suite legislation in the United... and Montenegro, Tunisia, Turkey, Uruguay and Venezuela.\\8\\ \\6\\ See id. at 8; see also The Artist's...

Sovereignty, human rights, and international migrations

Directory of Open Access Journals (Sweden)

Rossana Rocha Reis

2006-01-01

Full Text Available This article discusses the relationship between sovereignty and human rights concerning the elaboration of immigration policies. It deals with the role of the State in international migrations, the effects of the development of an international human rights legislation over the immigration question, and finally discusses the idea that the increasing international migration is leading the State to lose control over its population and territory, two central features of the sovereignty concept.

Preventing non-communicable disease in Oman, a legislative review.

Science.gov (United States)

Al-Bahlani, Sabah; Mabry, Ruth

2014-06-01

The burden of non-communicable disease (NCD) is a major global concern and is projected to increase by 15% over the next 10 years. NCD is the leading cause of mortality in Oman and other countries of the Gulf Cooperation Council (GCC). Some of the most successful interventions to address NCD include legislations like banning smoking in public places. A desk review of available policies and legislations related to the behavioural risk factors of NCD from the GCC and from Oman was conducted with a focus on policies and legislations related to food, physical activity and tobacco. The review identified numerous documents; most were policies and resolutions related to tobacco control. Although only a few documents were laws, a majority were issued by non-health sectors. This policy review is the first effort in the GCC to consolidate information on the regulatory framework for the three key risk behaviours in the region, tobacco use, unhealthy diet and physical inactivity. Further work is needed to strengthen the regulatory framework, at both the national and regional levels, to strengthen tobacco control as well as to improve dietary patterns and physical activity levels. Given that a bulk of laws, regulations and policies are beyond the scope of the health sector, significant advocacy efforts are required to generate a multisectoral response. © The Author 2014. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com.

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)

Student Rights Still Strong.

Science.gov (United States)

Adams, Julian

1983-01-01

Briefly reviews the development of freedom of student expression, including the 1969 "Tinker v. Des Moines" Supreme Court decision, and discusses the standards concerning educational disruption that have been developed since then. (AEA)

Superficies in the form of the right to superpose

Directory of Open Access Journals (Sweden)

Simona CHIRICĂ

2015-06-01

Full Text Available The purpose of this paper is to present the current legal framework related to the superficies right in the form of the right to superpose, and especially to draw the attention and put certain question marks regarding the actuality or even the urgency of the need for regulation regarding the right to superpose. First, as a preliminary aspect, in order to emphasize the historical evolution of the superficies right, we will briefly present the development of this concept starting from the Roman law up to the present date. Second, by analysing the relevant legislation, the doctrine and the jurisprudence, the authors set themselves to present the main methods for constituting the superficies right. Third, the characteristics related to the right to superpose will be correlatively laid out. Fourth, the possibility to obtain a building permit on the basis of the right to superpose will also be analysed. Fifth, the recently entered-into-force legislative framework regarding the registration of the right to superpose and of the building thus erected is presented. Last but not least, the conclusions of this paper are presented, highlighting the necessity for more clearly defined rules regulating the legal status of the right to superpose, in order to avoid any confusions and inconsistencies in practice.

California Attorney General opines: California's nuclear legislation unconstitutional

International Nuclear Information System (INIS)

Gabin, V.

1979-01-01

The California Attorney General found three sections of the state's nuclear regulation code to be in violation of Federal authority and the State Constitution. Legislation and court cases since 1946 are quoted to support the Attorney General's position. The Warren--Alquist Act, which requires a demonstrated technology for reprocessing fuel rods or disposing of high-level wastes before a nuclear plant can be licensed, is unconstitutional because it usurps Federal control and allows the state to permanently block nuclear facility construction and certification. States' rights in the area of radiological health and safety are supplanted by the Federal government

A critical examination of the definition of 'psychoactive effect' in Australian drug legislation.

Science.gov (United States)

Barratt, Monica J; Seear, Kate; Lancaster, Kari

2017-02-01

As the number of new 'psychoactive substances' detected globally has risen exponentially, the policy response of assessing and prohibiting each new substance individually has become increasingly unworkable. In an attempt to disrupt the availability of new as-yet-unscheduled substances, Ireland (2010), Poland (2011), Romania (2012), New Zealand (2013), Australia (2015) and the United Kingdom (2016) have enacted generic or blanket ban legislation that prohibits all 'psychoactive substances' that are not already regulated or belong to exempt categories. How such generic legislation defines 'psychoactive substance' is therefore crucial. While there is a growing critical literature relating to blanket bans of 'psychoactive substances', the Australian legislation is yet to be described or critically analysed. In this commentary, we aim to draw the attention of local and international drug policy scholars to Australia's newest legislative approach to 'psychoactive substances'. Using the Australian experience as a case study, we first describe and trace the origins of this generic banning approach, especially focusing on how 'psychoactive effect' came to be defined. Then, we critically examine the assumptions underpinning this definition and the possibilities silenced by it, drawing on the work of poststructuralist and critical scholars. In doing so, we explore and raise a series of questions about how this legislation works to stabilise drugs, drug harms and drug effects, as well as addiction realities; how the category of 'psychoactive substances' is produced through this legislation; and some of the material-discursive effects which accompany this rendering of the 'problem'. We offer this commentary not as a comprehensive discussion of each of these elements but rather as a starting-point to promote further discussion and debate within the drug policy field. To this end, we conclude with a suggested research agenda that may help guide such future work. Copyright © 2016

The adolescent patient: parental responsibility, the right to be informed and the right to be heard.

Science.gov (United States)

Delbon, P; Dianiskova, S; Laffranchi, L; Conti, A

2015-12-01

The increasing emphasis placed on patients' rights, in dentistry as well as in other areas, is also having repercussions on the structure of the relationship between health care staff, the under-age patient and his /her parents. The authors reflect about the decision-making process when the patient is a minor in the field of dentistry and underline the role of the parties involved (dentist, parents, under-age patient) in different circumstances (e.g. ordinary care or non-routine care; urgent situations; conflict between parents; refusal of the parents; disagreement between the parents and the child, refusal of the under-age patient; etc.). The Law must first ensure that the minors' needs for protection are met by awarding their parents the power and duty to care for them and, thus, also to take health care decisions in their interest. At the same time, domestic legislation and international legislation supports the need to give greater weight to minors' opinions as they approach the age of majority and, therefore, as they acquire a certain degree of maturity. The rights of under-age patients are safeguarded by actively involving them in the decision-making process, with particular reference to their right to information and right to be heard, to the extent that their age and understanding allow, with due consideration to the specific situation.

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...

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.

Critical Issues in the Identification of Gifted Students With Co-Existing Disabilities

Directory of Open Access Journals (Sweden)

Barbara Jackson Gilman

2013-09-01

Full Text Available Federal law ensures all students with disabilities the right to a Free, Appropriate Public Education (FAPE. However, current policies governing a student’s eligibility for services may contribute to the underidentification of gifted children with co-existing disabilities—the Twice-Exceptional. The emphasis on below-grade-level (or lower performance, without regard to ability or potential weaknesses, misses twice-exceptional students. Those who perform at grade level, by using advanced conceptual abilities and hard work to compensate, may still require interventions and accommodations to manage increasing educational demands. Otherwise, college and even high school graduation may be out of reach. This article reviews changing laws and policies, explores case studies of twice-exceptional students missed, and examines the diagnosis of twice-exceptionality through comprehensive assessment. Appropriate best practices for the identification of twice-exceptional learners, maintenance of their civil rights, and provision of FAPE are offered for educators, parents, advocates, and legislators as federal, state, and district laws/policies evolve.

The Privacy Problem: Although School Librarians Seldom Discuss It, Students' Privacy Rights Are under Attack

Science.gov (United States)

Adams, Helen R.

2011-01-01

Every day in school libraries nationwide, students' privacy rights are under attack, but many principals, teachers, parents, and community members do not know much about these rights. Even though school librarians are among the strongest proponents of privacy, the subject is rarely discussed, probably because state and federal laws can be…

The Current Attack on Women's Rights: A Political-Economic Perspective.

Science.gov (United States)

Kress, June

The right-wing attack on women's rights in the United States manifests itself in the regulation of reproductive rights, the family, and the workplace and corresponds to the changing needs of capital in an era of social and economic crises. Against this background, anti-abortion legislation, the Family Protection Act, and discrimination in the…

Gender Panics about Transgender Children in Religious Right Discourse

Science.gov (United States)

Stone, Amy L.

2018-01-01

This paper is a content analysis of political flyers and messages developed by Religious Right campaigns between 1974 and 2013 to fight legislation supportive of lesbian, gay, bisexual, and transgender (LGBT) individuals. The analysis focuses on 16 campaigns in which Religious Right groups made claims about transgender adults and children. In…

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.

[Legislative regulation of production and turnover of products for people with different diseases].

Science.gov (United States)

Pritul'skaia, N V; Motuzka, Iu N; Antiushko, D L

2013-01-01

This article presents results of analysis of existing regulatory documents and approaches to the legislative regulation of production and turnover of special dietary products for people with specific diseases in EU, Ukraine and Russian Federation. According to the EU legislation, production and turnover of food products for nutritional support of people during specific diseases and the rehabilitation period are regulated by the Commission Directive 1999/21/EC, 2009/39/ES, by Regulation Commission (EU) No 953/2009 and documents of Codex Committee. Special food products for people with specific diseases in Ukrainian legislation are classified as nutrition products for special dietary use and are regulated by the following Laws of Ukraine "On the safety and quality of food", "On ensuring of sanitary and epidemiological welfare of the population", "On Consumer Rights Protection", "On advertising" and by other non-legislative acts. According to the current legislation of the Russian Federation, the products for people with specific diseases are classified as healthy dietary food products. The basis of the legal framework are federal laws "On the quality and safety of food", "On the sanitary-epidemiological welfare of the populations", "On technical regulations and technical regulations of the Customs Union "On Food Safety" and "On the safety of certain types of specialized food products, including healthy dietary food products and therapeutic dietary food products". There is no common approach to the legal regulation of production and turnover of products for people with specific diseases in the world. The proposals for further harmonization of regulatory control in this area have been developed.

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.

An analysis of state legislation on community trails.

Science.gov (United States)

Eyler, Amy; Lankford, Tina; Chriqui, Jamie; Evenson, Kelly R; Kruger, Judy; Tompkins, Nancy; Voorhees, Carolyn; Zieff, Susan; Aytur, Semra; Brownson, Ross

2010-03-01

Trails provide opportunities for recreation, transportation and activity. The purpose of this article is to describe state legislation related to community trails, to analyze legislation content, and to evaluate legislation on inclusion of evidence-informed elements. State trail legislation from 2001 to 2008 was identified using online legislative databases. An analysis of evidence-informed elements included in the legislation was conducted. These elements included: funding, liability, accessibility, connectivity, and maintenance. Of the total 991 trail bills, 516 (52.0%) were appropriations bills, of which 167 (32.2%) were enacted. We analyzed 475 (48%) nonappropriation trail bills of which 139 (29.3%) were enacted. The percentage of enactment of appropriations bills decreased over time while enactment of nonappropriations trail bills increased. Over half of the nonappropriations trail bills included at least 1 evidence-informed element, most commonly funding. Few bills contained liability, connectivity, accessibility, or maintenance. There is opportunity for providing evidence-informed information to policy-makers to potentially influence bill content. The number of bills with a funding element demonstrates that fiscal support for trails is an important policy lever that state legislatures may use to support trails. Lastly, trails should be considered in over-all state-level physical activity legislation to provide opportunities for communities to be active.

Knowledge of the Andalusian legislation on dignified death and perception on the formation in attention to terminally ill patients of health sciences students at Universidad de Granada, Spain Conocimiento sobre la ley andaluza de muerte digna y percepción sobre la formación en la atención a enfermos terminales del alumnado de ciencias de la salud de la Universidad de Granada, España Conhecimento sobre a lei andaluza de morte digna e percepção sobre a formação no atendimento a enfermos terminais do corpo discente de ciências da saúde da Universidade de Granada, Espanha

OpenAIRE

Amalia María Morales-Martín; Jacqueline Schmidt-Riovalle; Inmaculada García-García

2012-01-01

Objective. To determine the knowledge of the Andalusian ''Legislation of Rights and Guarantees of the Dignity of Individuals during the Death Process'' and perception of the formation on attention to terminally ill patients by students of health sciences at Universidad de Granada, Spain. Methodology. Cross-sectional descriptive study, conducted in 2010, with the participation of 572 students from the Nursing, Physical Therapy, and Occupational Therapy careers of the Faculty of Health Sciences...

IMPROVING PATENT PROTECTION OF INVENTIVE ACTIVITY IN THE CONTEXT OF EU LEGISLATION

Directory of Open Access Journals (Sweden)

Nataliya Philyk

2017-07-01

Full Text Available Purpose: clarify legal nature of relations emerging in connection with registration of patent law objects. In this article the authors research special features of legal regulation of inventive activity. In particular, they consider several issues of patenting the patent law objects and clarify legal nature of relations arose during registration of the rights to the patent law objects. Methods: formal legal and case-study methods together with inductive reasoning, and comparison were used to analyse the legislation in the area of jurisdiction inventive activity Results: during the research the authors focus their attention to the drawbacks of the effective legislation and form the main directions of the effective legislation improvement in accordance with international law in the context of the patent law objects protection. Special attention is devoted to analysis of the main threats of the patent law violations and ways to overcome them. Conclusions: the results confirming improving the efficiency of the system of intellectual property protection through institutional changes and changes in the legal regulation of inventive activity and results will have a positive impact on the reform of the system of intellectual property protection in Ukraine.

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/

State health agencies and the legislative policy process.

Science.gov (United States)

Williams-Crowe, S M; Aultman, T V

1994-01-01

A new era of health care reform places increasing pressure on public health leaders and agencies to participate in the public policy arena. Public health professionals have long been comfortable in providing the scientific knowledge base required in policy development. What has been more recent in its evolution, however, is recognition that they must also play an active role in leading and shaping the debate over policy. A profile of effective State legislative policy "entrepreneurs" and their strategies has been developed to assist health agencies in developing such a leadership position. Based on the experiences of State legislative liaison officers, specific strategies for dealing with State legislatures have been identified and are organized into five key areas--agency organization, staff skills, communications, negotiation, and active ongoing involvement. A public health agency must be organized effectively to participate in the legislative policy process. Typically, effective agencies centralize responsibility for policy activities and promote broad and coordinated participation throughout the organization. Playing a key role in the agency's political interventions, the legislative liaison office should be staffed with persons possessing excellent interpersonal skills and a high degree of technical competence. Of central importance to effective legislative policy entrepreneurship is the ability to communicate the agency's position clearly. This includes setting forward a focused policy agenda, documenting policy issues in a meaningful manner, and reaching legislators with the proper information. Once a matter is on the legislative agenda, the agency must be prepared to negotiate and build broad support for the measure. Finally, public health agencies must be active policy players. To take advantage of new opportunities for action, the public health (policy) leader must monitor the political environment continually.By working to anticipate and formulate

Comparative study on membership legislation in Canadian and Chinese agricultural co-operative laws

Institute of Scientific and Technical Information of China (English)

CHU Zhihong; GUO Xiangyu

2007-01-01

For centuries, groups of people desiring to supply themselves with goods, to market their products, or to obtain services of various kinds on a co-operative basis, have made increasing use of co-operative associations to achieve these purposes. During the period, legislation designed especially for the incorporation and conduct of such associations has been enacted by different counties.Since a co-operative is established and carried on by and for the use of its members, this essay makes a comparison between Canadian and Chinese co-operative laws in terms of membership in the aspects of qualifications, rights and obligations and withdrawal of membership, so as to probe the function of co-operative legislation and find some enlightment from it.

Women's empowerment in Iran: a review based on the related legislations.

Science.gov (United States)

Janghorban, Roksana; Taghipour, Ali; Latifnejad Roudsari, Robab; Abbasi, Mahmoud

2014-04-20

Women's empowerment can be defined as a change in the circumstances of a woman's life, which enables her to raise her capacity to manage more enriched and rewarding life. Improvement in women's empowerment is a salient issue to achieve the Millennium Development Goals. National laws are influential factors in promoting women's empowerment. Lack of awareness of legal and constitutional provisions and failure to recognize it, is a factor that hinders the process of empowerment. This paper provides a review based on Iranian legislations which have considered various aspects of women's empowerment. Although this work has specifically dealt with women's needs, it encompasses a right-based approach to women's empowerment suggested by the United Nations Fund for Population Activities. However, there is still a great need for further inquiries in the area of legislations concerning women's empowerment around the world in general and Iran in particular.

LEGISLATIVE, ACCOUNTING AND FISCAL NON-CONFORMITIES

Directory of Open Access Journals (Sweden)

PALIU – POPA LUCIA

2016-12-01

Full Text Available In the context of the debate analysis from the last decades on the relationship between accounting and taxation, independence or dependence of the accounting rules from the tax ones and taking into consideration that the independence of the two leads to permanent and even significant differences between the accounting and tax profit, I found that certain terms are regulated differently in accounting legislation in our country compared to fiscal one or the legislation in the economic field. Taken from this perspective the main objective of this scientific approach is the identification of accounting and tax legislative nonconformities and the proposal of the ways to solve them so as to eliminate, where possible, differentiated professional interpretations.

LEGISLATIVE, ACCOUNTING AND FISCAL NON-CONFORMITIES

Directory of Open Access Journals (Sweden)

PALIU – POPA LUCIA

2017-12-01

Full Text Available In the context of the debate analysis from the last decades on the relationship between accounting and taxation, independence or dependence of the accounting rules from the tax ones and taking into consideration that the independence of the two leads to permanent and even significant differences between the accounting and tax profit, I found that certain terms are regulated differently in accounting legislation in our country compared to fiscal one or the legislation in the economic field. Taken from this perspective the main objective of this scientific approach is the identification of accounting and tax legislative nonconformities and the proposal of the ways to solve them so as to eliminate, where possible, differentiated professional interpretations.

CFC legislation in the European Union

Directory of Open Access Journals (Sweden)

Cvjetković Cvjetana M.

2015-01-01

Full Text Available In this paper the author considers CFC legislation in the Member States of the European Union, and points to the official attitude of the institutions of the European Union toward CFC legislation. Special attention in this paper is focused on Judgment of the Court of Justice of the European Union in the case Cadbury Schweppes. The aim of the paper is to analyze CFC legislation in the Member States in order to determine its basic characteristics, as well as to determine its compatibility with freedoms guaranteed by the primary law of the European Union, i.e. with Judgment of the Court of Justice of the European Union in the Cadbury Schweppes case.

Decision-Making and the Law in Higher Education--Emphasis on Student Rights: Essay and Bibliography.

Science.gov (United States)

Tice, Terrence N.

The essay and bibliography presented here are designed for general use among those concerned with questions of campus rights and responsibilities and with the application of legal principles in campus decision-making. The primary focus is on student rights issues. The discussion falls into three parts: (1) "Law and Morality in the Open Society" is…

Scientific Freedom and Human Rights

Science.gov (United States)

Munoz, Elisa

2000-03-01

As part of her ongoing work monitoring issues at the intersection of science and human rights, Ms. Munoz has highlighted violations of academic freedom in Serbia and Iran, the denial of visas and travel licenses to U.S. and Cuban scientists, interference with scientific freedom in Brazil, Mexico, Russia, and the Ukraine, the use of organs from executed prisoners in China, legislation jeopardizing women's health in Iran, and the closure of centers for the treatment of torture survivors in Turkey. Such violations contravene international human rights principles listed in the Universal Declaration of Human Rights and other international human rights covenants. Ms. Munoz will describe current violations of scientific freedom and the relevant international principles on which these freedoms rest.

Legislative Framework Required for Africa's M-Economy

DEFF Research Database (Denmark)

Williams, Idongesit

2014-01-01

This article discusses the importance of developing legislative frameworks for the development of an m - economy in Africa......This article discusses the importance of developing legislative frameworks for the development of an m - economy in Africa...

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.

Accountability legislation: Implications for financial and performance reporting

Directory of Open Access Journals (Sweden)

Daphne Rixon

2012-03-01

Full Text Available The purpose of this case study is to first examine the implications of accountability legislation on the financial and performance reporting of a public sector agency in the Canadian province of Newfoundland and Labrador and secondly, to compare the level of accountability with Stewart’s (1984 ladder of accountability. This paper is based on the first phase of a two-phase study. The first phase focuses on the initial impacts of accountability legislation on agencies and the challenges created by the legislation’s ‘one size fits all’ approach. The second phase of this study will examine the impact of the legislation on stakeholders after it has been in operation for five years. The second phase will include interviews with stakeholders to ascertain the level of satisfaction with the new legislation. The first phase of the study is significant since it highlights how governments could consider stakeholder needs when drafting such legislation. This research contributes to the body of literature on stakeholder accountability since there is a paucity of research focused specifically on the impact of accountability legislation on public sector agencies. An important contribution of this paper is the introduction of a framework for legislated accountability reporting. The main theoretical frameworks used to analyse the findings are Stewart’s (1984 ladder of accountability in conjunction with Friedman and Miles (2006 ladder of stakeholder management and engagement.

Including the Other: Regulation of the Human Rights of Mobile Students in a Nation-Bound World

Science.gov (United States)

Marginson, Simon

2012-01-01

The world's three million cross-border international students are located in a "gray zone" of regulation with incomplete human rights, security and capabilities. Like other mobile persons such as short-term business and labour entrants, and refugees, students located on foreign soil do not enjoy the same protections and entitlements as…

Firework related injury and legislation: the epidemiology of firework injuries and the effect of legislation in Northern Ireland.

Science.gov (United States)

Fogarty, B J; Gordon, D J

1999-02-01

The efficacy of legislation in reducing firework associated injuries is uncertain as is the nature of the problem within the United Kingdom (UK). In September 1996 the legislation governing firework sale in Northern Ireland was relaxed thus equalling that of the rest of the UK. For the 2 years following the change in legislation we prospectively assessed those patients who were admitted with a firework injury over the Halloween period. We then compared these results with retrospective data for the 3 years prior to the change in firework law. In the pre-legislation series the mean number of patients admitted annually was 0.38 per 100,000 while in the post-legislation series the mean was 0.43 per 100,000. Blast injury to the hand was the commonest injury accounting for 53% of cases in both series. Burn injuries were the second commonest form of injury comprising 30% of all admissions. Of those admitted with a hand injury 47% had at least one finger terminalised and nearly half of those patients admitted with burns (44%) required skin grafting. We conclude that early evidence suggests that liberalisation of the law on firework sale has not resulted in a significant increase in firework related injuries requiring hospital admission.

Legislating Interprofessional Regulatory Collaboration in Nova Scotia

Directory of Open Access Journals (Sweden)

William Lahey

2013-10-01

Full Text Available To shift health professions regulation from traditional to ‘collaborative’ self-regulation, Nova Scotia has adopted legislation which will: make all self-regulating health professions members of the Regulated Health Professions Network; mandate the Network to facilitate voluntary collaboration among its members; and enable regulators to work together on investigations of patient complaints, to adjust scopes of practice on an ongoing basis and to adjudicate appeals of unsuccessful applicants for registration. The goals are to give health professions regulation the capacity to enable and support the functioning of interprofessional teams. The legislation was adopted primarily for two reasons: collaborative development and unanimous support by all of the province’s self-regulating professions; and alignment with the government’s health care reform agenda and its emphasis on collaborative team-based care. Contrary to the approach of several other provinces, the legislation will enable but not require regulators to collaborate on the premise that consensual collaboration is more likely to happen, to be meaningful and to yield tangible benefits. Support for this approach can be taken from the impressive collaborative work on which the legislation is based. Evaluation will be critical, and the five-year review required by the legislation will give Nova Scotia the opportunity to test not only the legislation but the ideas on which it is based. The extent of the legislation’s reliance on voluntary process will prove to be either its greatest strength or its greatest weakness.

THE ECONOMICS STUDENT – THE FUTURE BUSINESSMAN. FROM THE AWARENESS OF CONSUMERS' RIGHTS TO THEIR ENFORCEMENT

Directory of Open Access Journals (Sweden)

Roman Teodora

2014-07-01

Full Text Available The student attending courses related to business field is the one who, as a practitioner, will direct his business towards the customer. Educating such students in a spirit of recognition and respect for the rights of consumers will determine them to apply these universal axioms in their future business approach.The objective of the research is to determine the experience achieved by the business student, as a consumer of various services, expressed through the knowledge, claim and protection of his consumer’s rights in case of violation of such rights. In order to achieve this objective, we conducted a survey on a sample of 291 third-year students of the Faculty of Economics and Business Administration, business management specializations (The Economy of Commerce, Services and Tourism, Marketing and Management. The main results of this research show that only 69.9% of the total sample has ever experienced a situation of violation of consumers` rights, 50.5% of cases being recorded in the service-providing field. Contrary to expectations, ECTS students are those who report the lowest number of situations of this kind for the service-providing field (46.75%, the rest being associated with tangible goods. Also, when experiencing a violation of consumer’s rights, a person goes through bad moods and emotions, which will remain as a mark in the mind of that person for a longer period of time. If the complaint is resolved in favour of the customer, then such a situation generates positive emotions that tend to be evoked for a longer period of time, as well. Putting face to face the actual reaction versus recommended reaction, and analyzing the emotional implications of a person experiencing such a situation of violation of consumer rights, we consider that our work may be useful because it explains to affected consumers the actions to be taken, and namely because it emphasizes the importance of educating the future business people in the spirit

New Ontario power legislation aims to protect consumers

Energy Technology Data Exchange (ETDEWEB)

Anon.

2000-09-01

New legislation designed to improve regulation of the electricity sector in Ontario was introduced by the provincial government in June 2000, the first such legislation since the government mandated an open electricity market with the Energy Competition Act of 1998. The new legislation is described as narrowly focused on putting limits on local power rate increases. The legislation was introduced in combination with a directive to the Ontario Energy Board, and is designed to ensure that the Board approves municipal electric utility rates only when certain conditions are met. The Energy Minister was at great pains to point out that the legislation should not be interpreted as the government interfering in the marketplace, it is merely to help the utility wires side of the business during a two-year transition period. Municipal authorities reacted unfavorably to the legislation because it appears to require them to return significant assets to their utilities, assets that they considered as theirs under municipal restructuring. Energy Probe, an environmental advocacy group, suggested an alternative to the legislation, i. e., the government should allow the price increases requested by the municipal utilities to go through, but to leave consumers whole, it should impose a windfall profits tax on municipal governments, use the proceeds to reduce debt retirement taxes in the electricity bill, a leftover from Ontario Hydro's debt and stranded nuclear waste liabilities, and eliminate the province's own electricity tax on consumers. No direct reaction has been received from the Minister to date. If the legislation is passed in its present form it will prevent municipalities from using windfall profits from their utilities to justify rate hikes.

The relationship between administrative court control and legislative control

International Nuclear Information System (INIS)

Beckmann, M.

1986-01-01

The legislator can determine the extent of control of administrative courts by reduction of substantive conditions. The author has the opinion that the judicial control cannot be stricter than the legislative control. For the range of the control of administrative courts is decisive, to what extent the legislator is forced to proper legislative settlements. In this context the author discusses the Kalkar-decision of the Federal Constitutional Court of 1978. (CW) [de

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...

Evangelical Christian College Students and Attitudes toward Gay Rights: A California University Sample

Science.gov (United States)

Wolff, Joshua R.; Himes, Heather L.; Kwon, Ellen Miller; Bollinger, Richard A.

2012-01-01

Research demonstrates that Evangelical Christians generally hold more negative attitudes toward gays and lesbians, and are less supportive of gay rights than the general U.S. population. To assess these attitudes, undergraduate students at an Evangelical Christian university in California (N = 319) completed the Attitudes Toward Lesbians and Gay…

Сoncept of national legislative initiative and its types

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А. Л. Крутько

2015-11-01

Full Text Available . National legislative initiative is a new instrument of popular wills demonstration as compared to different forms of direct democracy. In most of developed democracies this institution regulated at the constitutional/ legislative level. But in the modern Ukraine its constitutional legal regulation is absent, due disregard of its possibilities and lack of understanding of its essence. Paper objective. This article an aim is to analyze in details the definition of «national legislative initiative» and determinate its basic types according to theoretical insights and foreign current law. Recent research and publications analysis. The domestic and foreign scholars works on scientific research of national legislative initiative institution such as V.N. Rudenko, O.M. Mudra, V.M. Shapoval, V.F. Nesterovich, J. F. Zimmerman and etc. Their works were foundational at the time of writing. Paper main body. With the help of big definition dictionary and new encyclopedic dictionary it was found the etymology of the concept «initiative» which is characterized as the basis, also found meaning of «legislative initiative», «national initiative» and «national legislative initiative». It was argued impossibility an identification of «national initiative» with «national legislative initiative». The current definitions of the national legislative initiative were analyzed in the article. It was noted that suggested terms were limited only by identification of institute’s apparent indicator and withhold essence. This is precisely why four types of the national legislative initiative’s realization are briefly examined for the complex determination of the definition. These types depending on what role the legislator are assigning to citizen, who are the main actors of initiative. And on the basis of this analysis the author provided his own definition of «the national legislative initiative». The author had notes that the proposed definition was not

The Association of Academic Health Sciences Libraries' legislative activities and the Joint Medical Library Association/Association of Academic Health Sciences Libraries Legislative Task Force.

Science.gov (United States)

Zenan, Joan S

2003-04-01

The Association of Academic Health Sciences Libraries' (AAHSL's) involvement in national legislative activities and other advocacy initiatives has evolved and matured over the last twenty-five years. Some activities conducted by the Medical Library Association's (MLA's) Legislative Committee from 1976 to 1984 are highlighted to show the evolution of MLA's and AAHSL's interests in collaborating on national legislative issues, which resulted in an agreement to form a joint legislative task force. The history, work, challenges, and accomplishments of the Joint MLA/AAHSL Legislative Task Force, formed in 1985, are discussed.

Legislative amendments and informal politics in the European Union

DEFF Research Database (Denmark)

Cross, James P.; Hermansson, Henrik

2017-01-01

the Commission’s proposals and the final legislative outcome passed by the European Union. It does so by implementing minimum edit distance algorithms to measure changes between legislative proposals and outcomes. The findings suggest that legislative amendments are determined by the formal and informal...... institutional structures in which negotiations take place and characteristics of the proposal itself. Our conclusions contribute to the ongoing debate on the nature and distribution of legislative powers in the European Union....

Sexual orientation, gender identity and non-discrimination - The Albanian labor legislation and its effects on employment and vocational training potentials

Directory of Open Access Journals (Sweden)

Albana Shtylla

2013-01-01

The Constitution of the Republic of Albania, the Albanian labour legislation and the legislation generally, are inspired in accordance with the non-discrimination principles, objectives and definitions of international acts, promoting and expressing protection of human rights and freedoms in general, and in particular in the field of employment and vocational training. This paper will analyze, if the sexual orientation, is one of the causes of discrimination for employment and vocational training, in Albanian legislation, especially how it is expressed this issue on the Constitution of the Republic of Albania, the Albanian Labour Code, the Albanian law “On the protection against discrimination” ect.

The Prevention of Moral Harassment in the Environment of Work: An Analysis of Spanish Legislation

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Alessandra Marconatto

2016-12-01

Full Text Available This article aims to reflect on how the right to prevention of moral harassment in the labor environment is articulated and how this right has been projected in the Law on Occupational Hazards Prevention in Spanish Legislation, with the aim of demonstrating that there are Legal bases sufficient to take preventive measures in relation to psychosocial risk, even if it is not specifically included in the legal text. The protection of workers is basically based on the worker's right to adequate and effective protection in the working environment.

Educational Policy Making in the State Legislature: Legislator as Policy Expert.

Science.gov (United States)

Weaver, Sue Wells; Geske, Terry G.

1997-01-01

Examines the legislator's role as education policy expert in the legislative policymaking process. In a study of Louisiana state legislators, analysis of variance was used to determine expert legislators' degree of influence in formulating educational policy, given differences in policy types, information sources, and legislators' work roles.…

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

Assessing the impact of representational and contextual problem features on student use of right-hand rules

Science.gov (United States)

Kustusch, Mary Bridget

2016-06-01

Students in introductory physics struggle with vector algebra and these challenges are often associated with contextual and representational features of the problems. Performance on problems about cross product direction is particularly poor and some research suggests that this may be primarily due to misapplied right-hand rules. However, few studies have had the resolution to explore student use of right-hand rules in detail. This study reviews literature in several disciplines, including spatial cognition, to identify ten contextual and representational problem features that are most likely to influence performance on problems requiring a right-hand rule. Two quantitative measures of performance (correctness and response time) and two qualitative measures (methods used and type of errors made) were used to explore the impact of these problem features on student performance. Quantitative results are consistent with expectations from the literature, but reveal that some features (such as the type of reasoning required and the physical awkwardness of using a right-hand rule) have a greater impact than others (such as whether the vectors are placed together or separate). Additional insight is gained by the qualitative analysis, including identifying sources of difficulty not previously discussed in the literature and revealing that the use of supplemental methods, such as physically rotating the paper, can mitigate errors associated with certain features.

[Conflicts between nursing ethics and health care legislation in Spain].

Science.gov (United States)

Gea-Sánchez, Montserrat; Terés-Vidal, Lourdes; Briones-Vozmediano, Erica; Molina, Fidel; Gastaldo, Denise; Otero-García, Laura

2016-01-01

To identify the ethical conflicts that may arise between the nursing codes of ethics and the Royal Decree-law 16/2012 modifying Spanish health regulations. We conducted a review and critical analysis of the discourse of five nursing codes of ethics from Barcelona, Catalonia, Spain, Europe and International, and of the discourse of the Spanish legislation in force in 2013. Language structures referring to five different concepts of the theoretical framework of care were identified in the texts: equity, human rights, right to healthcare, access to care, and continuity of care. Codes of ethics define the function of nursing according to equity, acknowledgement of human rights, right to healthcare, access to care and continuity of care, while legal discourse hinges on the concept of beneficiary or being insured. The divergence between the code of ethics and the legal discourse may produce ethical conflicts that negatively affect nursing practice. The application of RDL 16/2012 promotes a framework of action that prevents nursing professionals from providing care to uninsured collectives, which violates human rights and the principles of care ethics. Copyright © 2016 SESPAS. Published by Elsevier Espana. All rights reserved.

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

Tradition and change in power industry legislation

International Nuclear Information System (INIS)

Baur, J.F.; Boerner, B.; Friauf, K.H.; Salzwedel, J.; Selmer, P.

1986-01-01

On September 24-25, 1985 the 15th conference of the Institute for Energy Law took place in Cologne. This book contains five of the lectures held at the conference. They deal with the following subjects: Constitutional restrictions of autonomous energy policy of the Land governments; compulsory connection to and use of district heating; is there any necessity for amending the anti-trust law for reasons of energy policy; environmental law - planning law - gaps in the legislation concerning the energy sector; Energy Industry Law - are there legislative deficiencies, or is it an adequate, correct legislative instrument. (HSCH) [de

Evidence and argument in policymaking: development of workplace smoking legislation

Directory of Open Access Journals (Sweden)

Bero Lisa A

2009-06-01

Full Text Available Abstract Background We sought to identify factors that affect the passage of public health legislation by examining the use of arguments, particularly arguments presenting research evidence, in legislative debates regarding workplace smoking restrictions. Methods We conducted a case-study based content analysis of legislative materials used in the development of six state workplace smoking laws, including written and spoken testimony and the text of proposed and passed bills and amendments. We coded testimony given before legislators for arguments used, and identified the institutional affiliations of presenters and their position on the legislation. We compared patterns in the arguments made in testimony to the relative strength of each state's final legislation. Results Greater discussion of scientific evidence within testimony given was associated with the passage of workplace smoking legislation that provided greater protection for public health, regardless of whether supporters outnumbered opponents or vice versa. Conclusion Our findings suggest that an emphasis on scientific discourse, relative to other arguments made in legislative testimony, might help produce political outcomes that favor public health.

Legislative and policy frameworks for basic services: A South African comparative study

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Hlako Choma

2015-12-01

Full Text Available It is common course that equitable access to water and sanitation must be accordingly and primarily regarded as criteria for the realization of other several human rights, such as the right to life, dignity, health, food, adequate standard of living and education. Access to safe drinking water and sanitation is essential to the enjoyment of safety and environment that is not hazardous to human health. The lack of water and sanitation does not only hinder access to other available rights, but also magnifies the vulnerability of women, girls and people with disabilities. Water and sanitation services are of outmost important to the health and wellbeing of all people. South Africa is operating under one of the most outstanding legislative and policy frameworks for basic services in the world, including the Constitutional right of access to sufficient water and right to basic sanitation.

'Pivotal politics' in US energy and climate legislation

International Nuclear Information System (INIS)

Skodvin, Tora

2010-01-01

In the 110th Congress (2007-2008) legislation related to climate change was introduced at a faster pace than in any previous Congress, yet it did not result in a corresponding increase in enacted climate-related laws. A pertinent example of the political infeasibility of climate policy change in the 110th Congress is the case of tax credit extensions for production of renewable energy. While this issue in itself was uncontroversial, the extensions were only adopted in the 11th hour, after innumerable failed attempts. With an analytical point of departure in Krehbiel's theory of pivotal politics, this paper seeks to identify pivotal legislators in the case of the tax credit extensions and discusses how changes in the composition of pivotal legislators in the 111th Congress (2009-2010) may impact the prospects of moving climate legislation more generally. The analysis indicates that a majority of the legislative pivots in the case of tax credit extensions were Republican senators representing coal-producing states. In the case of climate change, however, the regional dimension is likely to be more significant for Democratic voting behaviour. Thus, the opportunity space for climate legislation in the 111th Congress remains narrow even with a reinforced Democratic majority in Congress.

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

A proposal for measuring the degree of public health-sensitivity of patent legislation in the context of the WTO TRIPS Agreement.

Science.gov (United States)

Chaves, Gabriela Costa; Oliveira, Maria Auxiliadora

2007-01-01

This study aims to propose a framework for measuring the degree of public health-sensitivity of patent legislation reformed after the World Trade Organization's TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement entered into force. The methodology for establishing and testing the proposed framework involved three main steps:(1) a literature review on TRIPS flexibilities related to the protection of public health and provisions considered "TRIPS-plus"; (2) content validation through consensus techniques (an adaptation of Delphi method); and (3) an analysis of patent legislation from nineteen Latin American and Caribbean countries. The results show that the framework detected relevant differences in countries' patent legislation, allowing for country comparisons. The framework's potential usefulness in monitoring patent legislation changes arises from its clear parameters for measuring patent legislation's degree of health sensitivity. Nevertheless, it can be improved by including indicators related to government and organized society initiatives that minimize free-trade agreements' negative effects on access to medicines.

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

Anti-Bullying/Harassment Legislation and Educator Perceptions of Severity, Effectiveness, and School Climate: A Cross-Sectional Analysis

Science.gov (United States)

Cosgrove, Heather E.; Nickerson, Amanda B.

2017-01-01

In this cross-sectional study, we examined a matched sample of 924 educators' perceptions of severity of bullying and harassment and school climate prior to (Wave 1 n = 435) and following (Wave 2 n = 489) the implementation of New York's anti-bullying and harassment legislation, the Dignity for All Students Act (DASA). Alignment with DASA mandates…

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.

Fundamental right to freedom of genetic research and the protection of personal data: the principles of prevention and precaution to guarantee the right to privacy

Directory of Open Access Journals (Sweden)

Regina Linden Ruaro

2015-09-01

Full Text Available This article reviews fundamental rights of freedom of research and protection of personal data in the field of human genetics, it proposes the application of the precautionary principle of prevention. Evaluates the Brazilian legislation on the subject matter of research as to guarantee privacy measure of personal data and information collected in scientific research, a situation that worsens in the middle in digital and virtual world because it is a space virtually rapid development. Focuses on the limitation of fundamental rights, based on the conception that are not absolute. It proposes the principles of precaution and prevention among virtual environment. The deductive and dialectical methods are adopted, having premised most fundamental rights related and under Brazilian law; the dialectical method was used because the issue is the subject of constant debate is necessary confrontation of doctrinal currents and the Brazilian legislation.

The Association of Academic Health Sciences Libraries' legislative activities and the Joint Medical Library Association/Association of Academic Health Sciences Libraries Legislative Task Force

OpenAIRE

Zenan, Joan S.

2003-01-01

The Association of Academic Health Sciences Libraries' (AAHSL's) involvement in national legislative activities and other advocacy initiatives has evolved and matured over the last twenty-five years. Some activities conducted by the Medical Library Association's (MLA's) Legislative Committee from 1976 to 1984 are highlighted to show the evolution of MLA's and AAHSL's interests in collaborating on national legislative issues, which resulted in an agreement to form a joint legislative task forc...

Autopsy issues in German Federal Republic transplantation legislation until 1997.

Science.gov (United States)

Schweikardt, Christoph

2014-01-01

This article analyzes the relevance of autopsy issues for German Federal Republic transplantation legislation until 1997 against the background of legal traditions and the distribution of constitutional legislative powers. It is based on Federal Ministry of Justice records and German Parliament documents on transplantation legislation. Transplantation and autopsy legislation started with close ties in the 1970s. Viewing transplantation legislation as relevant for future autopsy regulation contributed to the decision to stall transplantation legislation, because the interests of the federal government and the medical profession converged to avoid subsequent restrictions on the practice of conducting autopsies and procuring tissues for transplantation. Sublegal norms were insufficient for the prosecution of the organ trade and area-wide transplantation regulation after the reunification of Germany. In contrast to autopsy issues, legislative power for transplantation issues was extended to the federal level by an amendment to the constitution, allowing decision making for Germany as a whole.

Teaching Strategy: Comparing Rights Documents.

Science.gov (United States)

Shiman, David A.

1998-01-01

Engages students in comparing the rights proclaimed in the Universal Declaration of Human Rights (UDHR) with those present in the United States Bill of Rights and other constitutional amendments. Challenges the students to explore reasons for the presence or absence of certain rights and to reflect on the role of the government. (CMK)

Legislation on violence against women: overview of key components.

Science.gov (United States)

Ortiz-Barreda, Gaby; Vives-Cases, Carmen

2013-01-01

This study aimed to determine if legislation on violence against women (VAW) worldwide contains key components recommended by the Pan American Health Organization (PAHO) and the United Nations (UN) to help strengthen VAW prevention and provide better integrated victim protection, support, and care. A systematic search for VAW legislation using international legal databases and other electronic sources plus data from previous research identified 124 countries/territories with some type of VAW legislation. Full legal texts were found for legislation from 104 countries/territories. Those available in English, Portuguese, and Spanish were downloaded and compiled and the selection criteria applied (use of any of the common terms related to VAW, including intimate partner violence (IPV), and reference to at least two of six sectors (education, health, judicial system, mass media, police, and social services) with regard to VAW interventions (protection, support, and care). A final sample from 80 countries/territories was selected and analyzed for the presence of key components recommended by PAHO and the UN (reference to the term "violence against women" in the title; definitions of different types of VAW; identification of women as beneficiaries; and promotion of (reference to) the participation of multiple sectors in VAW interventions). Few countries/territories specifically identified women as the beneficiaries of their VAW legislation, including those that labeled their legislation "domestic violence" law ( n = 51), of which only two explicitly mentioned women as complainants/survivors. Only 28 countries/territories defined the main forms of VAW (economic, physical, psychological, and sexual) in their VAW legislation. Most highlighted the role of the judicial system, followed by that of social services and the police. Only 28 mentioned the health sector. Despite considerable efforts worldwide to strengthen VAW legislation, most VAW laws do not incorporate the key

Legislative processes in transition : comparative study of the legislative processes in Finland, Slovenia and the United Kingdom as a source of inspiration for enhancing the efficiency of the Dutch legislative process

NARCIS (Netherlands)

Voermans, W.; Napel, H.-M. ten; Diamant, M.; Groothuis, M.; Steunenberg, B.; Passchier, R.; Pack, S.

2012-01-01

The main research question of the current study is when whether the efficiency of the Dutch legislative procedure for parliamentary acts indeed constitutes a problem, in particular if compared to the achievements of legislative processes in several other European countries and, if that turns out to

New protein sources and food legislation

DEFF Research Database (Denmark)

Belluco, Simone; Halloran, Afton Marina Szasz; Ricci, Antonia

2017-01-01

Growing global food demand has generated a greater interest in the consumption of new and diversified protein sources. Novel foodstuffs represent a challenge for food law as they need proper safety assessments before obtaining market permission. The case of edible insects and European law is a good...... representation of this issue because a selection of food grade insect species may be available on the European market in the coming years. However, European legislation does not explicitly address edible insects. Consequently, this has left a grey area, allowing different interpretations of the legislation among....... Particular attention will be paid to the evolution of legislation and to the experiences of both EU and non-EU countries. In recent years, a number of different stakeholders have supported the legalization of edible insect consumption in Europe, but market permission is just the first step towards a new...

DEVELOPMENTS IN THE CONSTITUTIONAL REVIEW. CONSTITUTIONAL COURT BETWEEN THE STATUS OF NEGATIVE LEGISLATOR AND THE STATUS OF POSITIVE CO-LEGISLATOR

Directory of Open Access Journals (Sweden)

Marieta Safta

2012-11-01

Full Text Available The study wants to emphasize that Constitutional Courts belonging to the European model depart from their traditional role as ”negative legislator” – which refers to the effect of their acts consisting in removal from the legal system of those rules contrary to the Basic Law -, becoming, to a certain extent, a ”positive legislator”. Official interpreters of the Constitution, Constitutional Courts assume, sometimes, a role of co-legislators, creating provisions they deduct from the Constitution - when controlling the absence of legislation or legislative omissions -, and revealing the content of constitutional and even infraconstitutional rules accordingly with the Constitution in their case-law, whose effects are nothing but specific forms of „impulse” or „coercion” of the legislator to proceed in a certain sense, and whose continuous development guides the evolution of the entire legal system. Case – law selected presents ways in which the Constitutional Court of Romania is associated to law-making activity. Without minimizing in any way its traditional role as "negative legislator", the study refers mainly to acts and situations that give expression to the creative role of the Constitutional Court of Romania.

institutional mechanisms for human rights protection in nigeria

African Journals Online (AJOL)

Mofasony

Commission, the Public Complaints Commission and the Truth and .... The Legislative and Institutional Framework of Environmental Protection in the Oil … ... includes strategies targeted at promoting democracy and good governance, rights of ... administrative action of any public authority and companies or their officials ...

The Rights of Children and Young People in State Care

Science.gov (United States)

Ashton, Sarah

2014-01-01

This article highlights the lack of human rights recognition for arguably one of the most vulnerable groups in our society, children and young people in the care of the state. Currently under New Zealand legislation and policy frameworks these children do not have their rights upheld, as per New Zealand's obligations under the United Nations…

Job mobility and hours of work: the effect of Dutch legislation

OpenAIRE

Fouarge, D.; Baaijens, F P.

2009-01-01

Previous research has pointed to the existence of hours constraints on the labour market: not all employees’ preferences with respect to the length of the working week seem to be fulfilled, and changes in the number of working hours often coincide with job mobility. In this paper, we test whether or not a recently introduced Dutch legislation providing employees with the right to adjust working hours within their job has reduced the correlation between changes in working hours and job mobilit...

Legislations combating counterfeit drugs in Hong Kong.

Science.gov (United States)

Lai, C W; Chan, W K

2013-08-01

To understand legislation combating counterfeit drugs in Hong Kong. This study consisted of two parts. In part I, counterfeit drugs–related ordinances and court cases were reviewed. In part II, indepth interviews of the stakeholders were described. Hong Kong. All Hong Kong ordinances were screened manually to identify those combating counterfeit drugs. Court cases were searched for each of the identified cases. Then, the relevant judgement justifications were analysed to identify sentencing issues. Indepth interviews with the stakeholders were conducted to understand their perceptions about such legislation. Trade Marks Ordinance, Patents Ordinance, Trade Descriptions Ordinance, and Pharmacy and Poisons Ordinance were current legislative items combating counterfeit drugs. Sentencing criteria depended on: intention to deceive, quantity of seized drugs, presence of expected therapeutic effect or toxic ingredients, previous criminal records, cooperativeness with Customs officers, honest confessions, pleas of guilty, types of drugs, and precautionary measures to prevent sale of counterfeit drugs. Stakeholders’ perceptions were explored with respect to legislation regarding the scale and significance of the counterfeit drug problem, penalties and deterrents, drug-specific legislation and authority, and inspections and enforcement. To plug the loopholes, a specific law with heavy penalties should be adopted. This could be supplemented by non-legal measures like education of judges, lawyers, and the public; publishing the names of offending pharmacies; and emphasising the role of pharmacists to the public.

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

Directory of Open Access Journals (Sweden)

Abu Rokhmad

2017-12-01

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

Young peoples awareness and support for tobacco control legislation: A study among in-school youth in Lagos, Nigeria.

Science.gov (United States)

Odukoya, Oluwakemi Ololade; Chife, Jacob Obi; Odeyemi, Kofoworola A; Nwangwu, Genevieve I

2015-01-01

The increasing awareness of the health risks associated with tobacco use has led many countries to enact tobacco control legislation to protect citizens from the harmful effects of tobacco use. Young people are important stakeholders in many aspects of tobacco control legislation. This study.aims to assess the awareness of existing tobacco control laws among young people, their attitudes towards these laws and the factors associated with youth awareness and support for tobacco control legislation in Nigeria. A descriptive cross-sectional survey was carried out among 950 students enrolled in six randomly selected public and private schools in the, Mushin local government area of Lagos state using a multi stage sampling method. The respondents completed a pre-tested self-administered questionnaire eliciting information on their awareness and support for tobacco control laws in selected thematicareas Data was analysed using SPSS 17.0 and presented as frequency tables and cross tabulations. Most of the participants were between 14-18 years of age (55.8%) with a mean age of 14.1 +/- 2.2 years. There were slightly more male than female respondents. About two-thirds of the respondents were aware that laws exist to regulate tobacco use in Nigeria. Specifically, more than 60% of the students knew that tobacco smoking was outlawed in schools, medical establishment, public vehicles and offices. Many were aware of the advert bans on tobacco products on television, newspapers, radio, magazines and cinemas. The respondents were however less informed of the penalties for violating tobacco restriction laws. Majority supported the law prohibiting cigarette smoking in health facilities (84.3%), schools (83.7%), public transportation (79.5%) and cinemas (76.3%). Relatively fewer (49.6%) respondents felt that smoking should be prohibited in bars, restaurants and nightclubs. A significant proportion believed that young people in Nigeria should not be allowed to buy (76.4%) or sell (76

Transportation of radioactive materials: legislative and regulatory information system

International Nuclear Information System (INIS)

Fore, C.S.; Heiskell, M.M.

1980-01-01

The transportation of radioactive materials, as well as hazardous materials in general, has been an issue of ever-increasing concern and an object of numerous regulations and legislative actions worldwide. The Transportation Technology Center of the US Department of Energy's Sandia Laboratories in Albuquerque, New Mexico, is currently involved in developing a national program to assure the safe shipment of radioactive materials. At Oak Ridge National Laboratory (ORNL), Oak Ridge, Tennessee, this overall effort is being supported in a specialized manner. As part of the Logistics Modeling program at ORNL, the Ecological Sciences Information Center has developed comprehensive data bases containing legislative and regulatory actions relevant to the transportation of hazardous materials. The data bases are separated according to status level of the legislation. The Current Legislation Data Base includes all new legislative actions introduced during the present year (1980) or those bills carried over from the previous year's sessions. The second data file, Historical Legislation Data Base, consists of all legislative actions since 1976 that have passed and become public laws, as well as those actions that were unsuccessful and were classified as denied by law. Currently the data bases include state-, local-, and federal, level legislation, with emphasis on the transportation of radioactive materials. Because of their relevance to the transportation issues, actions involving related subject areas such as, disposal and storage of radioactive wastes, moratoriums on power plant construction, and remedial actions studies, special agencies to regulate shipment of radioactive materials, and requirements of advanced notification, permits and escorts are also included in the data bases

Access to Legislation in Europe: Overview and Future Trends

Directory of Open Access Journals (Sweden)

Martynas Mockus

2013-08-01

Full Text Available The article analyses problems facing electronic legislation development (especially legislation processes of publishing acts in EU and EFTA member countries. All European countries were publishing acts officially on paper until the end of year 2000. The way of publishing acts officially was the same in all Europe countries, except that some counties had one “official journal” in which legal acts and other official documents and legal notices were published, and other countries had separate legal gazettes for acts publishing and an official gazette for publishing other official documents and legal notices. At the beginning of 2001 Norway started to publish acts officially in digital form, and only 12-20 times a year paper editions to present the statutes and regulations enacted since the publication of the previous issue are published. In 2002 Estonia decided to finish the publishing of paper editions, and started to publish acts only electronically. Till 2011 more than 10 European countries started to publish acts officially in digital format. Author discusses the advantages, principles, and legitimate expectation of electronic legislation. For future electronic legislation information systems developments the following principles should be a guide: broad/universal and equal access to legislation, reliability of the means of publicity, integrity of information, easy access to the requisite information. The advantages of digital act forms, and internet based publications are instantaneous outreach to the public, free of charge, information easily accessible and retrievable, voluminous technical acts easier to handle, no printing costs, more environmentally-friendly, more and more people use ICT to seek information, no time constraints to the availability of data, legal certainty will be granted. The author thinks that before creating future digital legislation information systems, some procedures shall be done. If we want to have pan

Access to Legislation in Europe: Overview and Future Trends

Directory of Open Access Journals (Sweden)

Martynas Mockus

2011-12-01

Full Text Available The article analyses problems facing electronic legislation development (especially legislation processes of publishing acts in EU and EFTA member countries.All European countries were publishing acts officially on paper until the end of year 2000. The way of publishing acts officially was the same in all Europe countries, except that some counties had one “official journal” in which legal acts and other official documents and legal notices were published, and other countries had separate legal gazettes for acts publishing and an official gazette for publishing other official documents and legal notices.At the beginning of 2001 Norway started to publish acts officially in digital form, and only 12-20 times a year paper editions to present the statutes and regulations enacted since the publication of the previous issue are published. In 2002 Estonia decided to finish the publishing of paper editions, and started to publish acts only electronically. Till 2011 more than 10 European countries started to publish acts officially in digital format.Author discusses the advantages, principles, and legitimate expectation of electronic legislation. For future electronic legislation information systems developments the following principles should be a guide: broad/universal and equal access to legislation, reliability of the means of publicity, integrity of information, easy access to the requisite information. The advantages of digital act forms, and internet based publications are instantaneous outreach to the public, free of charge, information easily accessible and retrievable, voluminous technical acts easier to handle, no printing costs, more environmentally-friendly, more and more people use ICT to seek information, no time constraints to the availability of data, legal certainty will be granted.The author thinks that before creating future digital legislation information systems, some procedures shall be done. If we want to have pan

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

Cell phone conversing while driving in New Zealand: prevalence, risk perception and legislation.

Science.gov (United States)

Hallett, Charlene; Lambert, Anthony; Regan, Michael A

2011-05-01

This study investigated (i) the prevalence of conversing on a cell phone while driving in New Zealand, (ii) respondents' perception of risk regarding this behaviour and (iii) attitudes towards legislation banning cell phone use while driving. In addition, the study examined the association between the prevalence of conversing on a cell phone and risk perception. Anonymous, self-reported, survey data was collected via the internet from 1057 drivers nationwide regarding the frequency of conversing on a cell phone, including hands-free and hand-held conversing, risk perception, views on legislation, and demographic information. A positive relationship was found between the frequency of conversing on a cell phone and risk perception; that is, as the frequency of conversing on a cell phone increased, the perceived risk of this behaviour decreased. Copyright © 2010 Elsevier Ltd. All rights reserved.

Theoretical foundations of shareholders' right to appraisal

Directory of Open Access Journals (Sweden)

Vasiljević Mirko

2017-01-01

Full Text Available Shareholders' right to appraisal represents a controversial topic of corporation law, which is why a relatively small number of countries accept it. In this article, the authors analyze the goals that are supposed to be achieved with the introduction of shareholders' appraisal rights. In this respect, traditional and modern explanations for the introduction or maintaining of this right have been presented. In the second part of this article, shareholders' right to appraisal has been critically examined, mostly from corporations' perspective. Afterwards, several potential causes of inefficiency of using this right have been identified. Perceiving pros and cons of shareholders' right to appraisal is of particular importance for Serbia, in order to draw a conclusion about harmonization of our legislative solutions with the theoretical foundations of this right.

[The public health legislation in conditions of globalization].

Science.gov (United States)

Yefremov, D V; Jyliyaeva, E P

2013-01-01

The article demonstrates the impact of globalization on development of public health legislation at the international level and in particular countries. The legislation is considered as a tool to decrease the globalization health risks for population

Conscientious Withdrawal from Religious Education in Scotland: Anachronism or Necessary Right?

Science.gov (United States)

Nixon, Graeme

2018-01-01

This paper considers the right of parental withdrawal from the statutory subject Religious Education (RE) in Scottish primary and secondary schools. The background, history and current legislative situation relating to this right are considered, as well as current discussions and debates about this issue. The intentions are to establish how often…

Story Lab: Student Data Privacy

Science.gov (United States)

Herold, Benjamin

2015-01-01

Student data privacy is an increasingly high-profile--and controversial--issue that touches schools and families across the country. There are stories to tell in virtually every community. About three dozen states have passed legislation addressing student data privacy in the past two years, and eight different proposals were floating around…

The constitutional right to freedom of expression: how enforceable ...

African Journals Online (AJOL)

reaching consequences on society. As organs of state, schools have been directly affected by the need to ensure that their operations and rules are constitutionally and legislatively compatible. Human rights do not exist purely as an ideal but must ...

The impact of the 2010 Polish smoke-free legislation on the popularity and sales of electronic cigarettes.

Science.gov (United States)

Goniewicz, Maciej L; Kosmider, Leon; Delijewski, Marcin; Knysak, Jakub; Ochota, Patryk; Sobczak, Andrzej

2014-06-01

Electronic cigarettes, also called e-cigarettes or electronic nicotine delivery systems (ENDS), have become widely available globally, particularly via the Internet. They are considered by many users as a safe alternative to regular cigarettes, and some use them for smoking cessation. We investigated whether the implementation of new tobacco control legislation in Poland affected the popularity and sales of ENDS. This study monitored Google searches and online sales before and after the implementation of new tobacco control legislation in November 2010. The study demonstrated that the implementation of the smoke-free legislation was associated with only a temporary increase in ENDS online popularity in Poland. In longer time frames, there was decrease in ENDS online popularity and sales in Poland after implementation of the smoke-free policy. © The Author 2014. Published by Oxford University Press on behalf of the European Public Health Association. All rights reserved.

Increasing Left and Right Brain Communication to Improve Learning for Tenth Grade Students in a Public School

Science.gov (United States)

Richardson, Jennifer J.

2011-01-01

The purpose of this exploratory correlation research study was to determine if students who engaged in exercises designed to increase left and right brain hemisphere connections would score higher on identical tests than those who did not perform the exercises. Because the 2001 No Child Left Behind Act requires students to reach benchmarks of…

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)

Does competitive food and beverage legislation hurt meal participation or revenues in high schools?

Science.gov (United States)

Peart, Tasha; Kao, Janice; Crawford, Patricia B; Samuels, Sarah E; Craypo, Lisa; Woodward-Lopez, Gail

2012-08-01

There is limited evidence to evaluate the influence of competitive food and beverage legislation on school meal program participation and revenues. A representative sample of 56 California high schools was recruited to collect school-level data before (2006–2007) and the year after (2007–2008) policies regarding limiting competitive foods and beverages were required to be implemented. Data were obtained from school records, observations, and questionnaires. Paired t-tests assessed significance of change between the two time points. Average participation in lunch increased from 21.7% to 25.3% (p foods, from $0.45 to $0.37 (per student per day). Compliance with food and beverage standards also increased significantly. At end point, compliance with beverage standards was higher (71.0%) than compliance with food standards (65.7%). Competitive food and beverage legislation can increase food service revenues when accompanied by increased rates of participation in the meal program. Future studies collecting expense data will be needed to determine impact on net revenues.

THE INFLUENCES OF CHANGES IN TAX LEGISLATION

Directory of Open Access Journals (Sweden)

MORAR IOAN DAN

2013-07-01

Full Text Available Taxation is a fairly important field in the relationship between taxpayers and tax authorities, especially given the frequent changes in specific legislation. Legislative changes affect the patrimonial position of the taxpayers, but also their behavior, therefore this phenomenon is important to advise those interested and also to analyze the changes resulting from changes in tax legislation. This paper aims to meaningfully present the latest legislative changes and to analyze their influences on taxpayers and on budget revenues from taxes subject to change. The research methodology is based on comparison and inference, based on previous analyzes for such studies on the tax system. In the literature there are known ways and methods of increasing the tax burden and, based on these variables, in the present paper we will highlight the particular influences on the taxpayer’s , loaded by weight imposed by the official distribution of the tax burden. The implications of legislative changes in tax matters should be sought in the innermost chord of taxpayers and also in the increasingly large and patched pockets of the modern state. In the first place, we will point out the implications on changing tax procedures, in terms of the workload for the taxpayer and the tax collectors. By accurately and relevantly analyzing the influences generated by such changes, the author aims to demonstrate the harmful influences of some changes in terms of discouraging investments and honest labor.

Legislative impacts on Savannah River waste management operations

International Nuclear Information System (INIS)

Bauer, J.D.

1987-01-01

Today everyone has to be prepared to meet the challenges presented by new legislative actions. The Savannah River Plant is also impacted by this legislation as the exclusive nature of the Atomic Energy Act slowly erodes. This paper discusses the management of three types of radioactive waste from the production of defense nuclear materials and the impacts of major environmental legislation on the handling of these wastes. The paper briefly discusses the major environmental statutes, covers the statutes impact on the technical processes and, finally, considers the nontechnical impact of the statutes

[History of psychiatric legislation in Italy].

Science.gov (United States)

Stocco, Ester; Dario, Claudia; Piazzi, Gioia; Fiori Nastro, Paolo

2009-01-01

The different models of mental illness which have followed one another in Italian psychiatry have been linked to the history of psychiatric legislation and its various attempts at reform. The first law of the newly United State which unified legislations and former procedures, whose prevalent psychiatric theories were those that referred to degeneration, was the law 36/1904 that set up the asylums. Accordingly psychiatric praxis was focused on social protection and custody, given that the mentally ill was seen as incurable; Fascism added the inmate's obligation to be enrolled in the judicial register. Afterwards numerous attempts to reform the psychiatric legislation were made that eventually gave rise to law 431/1968 which paved the way to territorial psychiatry. Law 180/1978 changed the organization of Italian psychiatry abolishing asylums and the concept of dangerousness, including psychiatry in the National Health Service but adopting an idea of mental illness as simply social unease.

The Community of Rights

DEFF Research Database (Denmark)

Kjærgård, Jonas Ross

2012-01-01

be used in a particularistic and excluding way which was the case in the legislation of Maximilien de Robespierre’s Terror Regime. Situated somewhere between inclusion in and exclusion from the community of rights, the playwright and political activist Olympe de Gouges sought to propagate an understanding...... of the natural that could better accommodate women and nonmarital children. Her attempts were futile, however, and in 1793 she was sentenced to death according to a newly written law meant to prosecute enemies of the Republic’s natural community....

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

Firearm Legislation and Fatal Police Shootings in the United States.

Science.gov (United States)

Kivisto, Aaron J; Ray, Bradley; Phalen, Peter L

2017-07-01

To examine whether stricter firearm legislation is associated with rates of fatal police shootings. We used a cross-sectional, state-level design to evaluate the effect of state-level firearm legislation on rates of fatal police shootings from January 1, 2015, through October 31, 2016. We measured state-level variation in firearm laws with legislative scorecards from the Brady Center, and for fatal police shootings we used The Counted, an online database maintained by The Guardian. State-level firearm legislation was significantly associated with lower rates of fatal police shootings (incidence rate ratio = 0.961; 95% confidence interval = 0.939, 0.984). When we controlled for sociodemographic factors, states in the top quartile of legislative strength had a 51% lower incidence rate than did states in the lowest quartile. Laws aimed at strengthening background checks, promoting safe storage, and reducing gun trafficking were associated with fewer fatal police shootings. Legislative restrictions on firearms are associated with reductions in fatal police shootings. Public Health Implications. Although further research is necessary to determine causality and potential mechanisms, firearm legislation is a potential policy solution for reducing fatal police shootings in the United States.

Hygienic quality of raw milk with regard to legislation

Directory of Open Access Journals (Sweden)

Slavko Kirin

2001-01-01

Full Text Available Hygienic quality of raw milk is basic indicator of hygienic conditionduring processing and handling of milk as well as economical valorisation of animal product as a raw material in dairy products manufacture. Thus, total bacterial count in 1 mL of raw milk is used in modern legislation in milk pricing system. Apart from the economical and technological reasons hygienic quality of raw milk is also important from the health safety issue. In this paper microbiological quality legislation, set down by the EU and Croatian directives, are presented. Apart form the total microorganisms number the normative on the somatic cell number in row milk, as one of the quality indicators, are also presented. Pricing system of raw milk with regard to hygienic quality, current legislation especially from the point of view of a new legislation on row milk quality as well as suggestions to faster association into progressive dairy, legislation are listed.

The Deployment of Product-Related Environmental Legislation into Product Requirements

Directory of Open Access Journals (Sweden)

Daniela C. A. Pigosso

2016-04-01

Full Text Available Environmental legislation is increasingly changing its focus from manufacturing-oriented to product-oriented instruments. Compliance with product-related environmental legislation is achieved by the incorporation of environmental requirements into the early phases of the product development process (PDP. Nevertheless, the deployment of product-related environmental legislation into product requirements is still a challenge. This study followed an inductive approach to propose a guideline to support the identification, analysis and deployment of product requirements based on product-related environmental legislation. The guideline is composed of nine steps, clustered into three groups according to their main objective: (A identification of environmental product-related legislation; (B identification of legislative topics to be considered for the deployment of requirements; and (C creation and validation of product requirements. The product requirements deployed are to be considered during the PDP. The guideline was evaluated in an expert consultation in a large manufacturing company, suggesting that it can be used to support the systematization and deployment of product-related environmental requirements.

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.

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

Real charge according to the current Serbian Draft Law on property rights and other real rights

Directory of Open Access Journals (Sweden)

Vujović Dragana

2014-01-01

Full Text Available Within reforms of loan security instruments law, Serbian Draft Law on Property Rights and Other Real Rights demonstrates interest for introducing new forms of non-accessory security rights. Real charge is a new institute in our legislation. It is a kind of real right on immovable thing that is regulated after the model of the German and Swiss laws, and which is in practice mostly used to secure a receivable, so that it is, to an extent, a personal hypothec. The most important reason for introduction of this institute into the Law was to allow for a security right on immovables that is more flexible than the accessorial hypothec, thus creating the environment conducive for the development of the secondary market of real loans, facilitating refinancing, and allowing for the extension of the offer of bank products with the reduction of transaction costs.

Compliance of the legal treatment of experimental animals in Serbian legislation with the legislation of the European Union

Directory of Open Access Journals (Sweden)

Vidić-Trninić Jelena

2013-01-01

Full Text Available The author focuses on compliance of the legal treatment of experimental animals in Serbian law with the provisions of the European legislation. Analysing, on one hand, the treatment that experimental animals have under the law of European Union, and on the other hand, the treatment that they have in the law of Serbia, in accordance with the relevant acts and subordinate legislation acts, this article seeks to answer the question whether the degree of legal protection of experimental animals in domestic law is satisfactory, as well as whether and to what extent the relevant national legislation complies with the European standards. At the same time, the article attempts to point out the appropriate measures necessary to be taken in the future in order to achieve as high quality and comprehensive protection of experimental animals as possible in Serbian law.

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...

Canadian Firearms Legislation and Effects on Homicide 1974 to 2008

Science.gov (United States)

Langmann, Caillin

2012-01-01

Canada has implemented legislation covering all firearms since 1977 and presents a model to examine incremental firearms control. The effect of legislation on homicide by firearm and the subcategory, spousal homicide, is controversial and has not been well studied to date. Legislative effects on homicide and spousal homicide were analyzed using…

Impact of Scotland's comprehensive, smoke-free legislation on stroke.

Directory of Open Access Journals (Sweden)

Daniel F Mackay

Full Text Available Previous studies have reported a reduction in acute coronary events following smoke-free legislation. Evidence is lacking on whether stroke is also reduced. The aim was to determine whether the incidence of stroke, overall and by sub-type, fell following introduction of smoke-free legislation across Scotland on 26 March 2006.A negative binomial regression model was used to determine whether the introduction of smoke-free legislation resulted in a step and/or slope change in stroke incidence. The model was adjusted for age-group, sex, socioeconomic deprivation quintile, urban/rural residence and month. Interaction tests were also performed. Routine hospital administrative data and death certificates were used to identify all hospital admissions and pre-hospital deaths due to stroke (ICD10 codes I61, I63 and I64 in Scotland between 2000 and 2010 inclusive. Prior to the legislation, rates of all stroke, intracerebral haemorrhage and unspecified stroke were decreasing, whilst cerebral infarction was increasing at 0.97% per annum. Following the legislation, there was a dramatic fall in cerebral infarctions that persisted for around 20 months. No visible effect was observed for other types of stroke. The model confirmed an 8.90% (95% CI 4.85, 12.77, p<0.001 stepwise reduction in cerebral infarction at the time the legislation was implemented, after adjustment for potential confounders.Following introduction of national, comprehensive smoke-free legislation there was a selective reduction in cerebral infarction that was not apparent in other types of stroke.

45 CFR 604.200 - Agency and legislative liaison.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 3 2010-10-01 2010-10-01 false Agency and legislative liaison. 604.200 Section 604.200 Public Welfare Regulations Relating to Public Welfare (Continued) NATIONAL SCIENCE FOUNDATION NEW RESTRICTIONS ON LOBBYING Activities by Own Employees § 604.200 Agency and legislative liaison. (a...

Framing health for land-use planning legislation: A qualitative descriptive content analysis.

Science.gov (United States)

Harris, Patrick; Kent, Jennifer; Sainsbury, Peter; Thow, Anne Marie

2016-01-01

Framing health as a relevant policy issue for other sectors is not well understood. A recent review of the New South Wales (Australia) land-use planning system resulted in the drafting of legislation with an internationally unprecedented focus on human health. We apply a political science approach to investigate the question 'how and to what extent were health and wider issues framed in submissions to the review?' We investigated a range of stakeholder submissions including health focussed agencies (n = 31), purposively identified key stakeholders with influence on the review (n = 24), and a random sample of other agencies and individuals (n = 47). Using qualitative descriptive analysis we inductively coded for the term 'health' and sub-categories. We deductively coded for 'wider concerns' using a locally endorsed 'Healthy Urban Development Checklist'. Additional inductive analysis uncovered further 'wider concerns'. Health was explicitly identified as a relevant issue for planning policy only in submissions by health-focussed agencies. This framing concerned the new planning system promoting and protecting health as well as connecting health to wider planning concerns including economic issues, transport, public open space and, to a slightly lesser extent, environmental sustainability. Key stakeholder and other agency submissions focussed on these and other wider planning concerns but did not mention health in detail. Health agency submissions did not emphasise infrastructure, density or housing as explicitly as others. Framing health as a relevant policy issue has the potential to influence legislative change governing the business of other sectors. Without submissions from health agencies arguing the importance of having health as an objective in the proposed legislation it is unlikely health considerations would have gained prominence in the draft bill. The findings have implications for health agency engagement with legislative change processes and beyond in

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.

Legislation, standards and methods for mercury emissions control

Energy Technology Data Exchange (ETDEWEB)

NONE

2012-04-15

Mercury is an element of growing global concern. The United Nations Environment Programme plans to finalise and ratify a new global legally-binding convention on mercury by 2013. Canada already has legislation on mercury emissions from coal-fired utilities and the USA has recently released the new Mercury and Air Toxics Standard. Although other countries may not have mercury-specific legislation as such, many have legislation which results in significant co-benefit mercury reduction due to the installation of effective flue-gas cleaning technologies. This report reviews the current situation and trends in mercury emission legislation and, where possible, discusses the actions that will be taken under proposed or impending standards globally and regionally. The report also reviews the methods currently applied for mercury control and for mercury emission measurement with emphasis on the methodologies most appropriate for compliance. Examples of the methods of mercury control currently deployed in the USA, Canada and elsewhere are included.

Blood rights: the body and information privacy.

Science.gov (United States)

Alston, Bruce

2005-05-01

Genetic and other medical technology makes blood, human tissue and other bodily samples an immediate and accessible source of comprehensive personal and health information about individuals. Yet, unlike medical records, bodily samples are not subject to effective privacy protection or other regulation to ensure that individuals have rights to control the collection, use and transfer of such samples. This article examines the existing coverage of privacy legislation, arguments in favour of baseline protection for bodily samples as sources of information and possible approaches to new regulation protecting individual privacy rights in bodily samples.

THE RESALE RIGHT

Directory of Open Access Journals (Sweden)

Ana-Maria MARINESCU

2017-05-01

Full Text Available The article analyses one of the most important rights of the authors of original works of art namely: the resale right. It will be analyzed the subject matter of the resale right, the works of art to which the resale right relates, the rates applicable to the resale right, the persons entitled to receive royalties, the term of protection of the resale right, third-country nationals entitled to receive royalties and the right to obtain information. Also, the article will refer to the EU Directive in the field: Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art. It will be the subject of the article, also, the European Court of Justice jurisprudence related to the resale right, for example the judgment in the case C-518/08 (VEGAP vs. ADAGP, underlying that, in the light of the objectives pursued by Directive 2001/84, Member States may make their own legislative choice in determining the categories of persons capable of benefiting from the resale right after the death of the author of a work of art. One of parts of the article, will analyses the collective management for the resale right, especially: the terms of the collective management, forms of the collective management and examples. For all the above mentioned reasons, the article will refer to the main aspects of the resale right in a comprehensive manner and will analyses in a scientifically manner this very important right of the authors of original works of art.

THE LEGAL PROTECTION OF THE PROPERTY RIGHT

Directory of Open Access Journals (Sweden)

Anda CRISU-CIOCÎNTĂ

2015-04-01

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

45 CFR 1230.200 - Agency and legislative liaison.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 4 2010-10-01 2010-10-01 false Agency and legislative liaison. 1230.200 Section 1230.200 Public Welfare Regulations Relating to Public Welfare (Continued) CORPORATION FOR NATIONAL AND COMMUNITY SERVICE NEW RESTRICTIONS ON LOBBYING Activities by Own Employees § 1230.200 Agency and legislative...

The unintended consequences of maternity leaves: How agency interventions mitigate the negative effects of longer legislated maternity leaves.

Science.gov (United States)

Hideg, Ivona; Krstic, Anja; Trau, Raymond N C; Zarina, Tanya

2018-06-07

To support women in the workplace, longer legislated maternity leaves have been encouraged in Scandinavian countries and recently in Canada. Yet, past research shows that longer legislated maternity leaves (i.e., 1 year and longer) may unintentionally harm women's career progress. To address this issue, we first sought to identify one potential mechanism underlying negative effects of longer legislated maternity leaves: others' lower perceptions of women's agency. Second, we utilize this knowledge to test interventions that boost others' perceptions of women's agency and thus mitigate negative effects of longer legislated maternity leaves. We test our hypotheses in three studies in the context of Canadian maternity leave policies. Specifically, in Study 1, we found that others' lower perceptions of women's agency mediated the negative effects of a longer legislated maternity leave, that is, 1 year (vs. shorter, i.e., 1 month maternity leave) on job commitment. In Study 2, we found that providing information about a woman's agency mitigates the unintended negative effects of a longer legislated maternity leave on job commitment and hireability. In Study 3, we showed that use of a corporate program that enables women to stay in touch with the workplace while on maternity leave (compared to conditions in which no such program was offered; a program was offered but not used by the applicant; and the program was offered, but there was no information about its usage by the applicant) enhances agency perceptions and perceptions of job commitment and hireability. Implications for theory and practice are discussed. (PsycINFO Database Record (c) 2018 APA, all rights reserved).

34 CFR 99.21 - Under what conditions does a parent or eligible student have the right to a hearing?

Science.gov (United States)

2010-07-01

... have the right to a hearing? 99.21 Section 99.21 Education Office of the Secretary, Department of Education FAMILY EDUCATIONAL RIGHTS AND PRIVACY What Are the Procedures for Amending Education Records? § 99.21 Under what conditions does a parent or eligible student have the right to a hearing? (a) An...

Rights Education: An Exploratory Analysis of What Students Know about Their Rights

Science.gov (United States)

Vissing, Yvonnne; Moore-Vissing, Quixada

2016-01-01

Human Rights Education (HRE) is a mandate in both the Universal Declaration of Human Rights and the United Nations Convention on the Rights of the Child. Globally, children may be learning about their rights, and the rights of others, in schools from preschool through college. HRE is not universally or systematically implemented. How much do…

Implementation of School Uniform Policy and the Violation of Students' Human Rights in Schools

Science.gov (United States)

Mahlangu, Vimbi Petrus

2017-01-01

The paper highlights the violations of students' human rights in schools. The problem is the incident that took place at a school in Pretoria in 2016 where Black girls protested against the School's Code of Conduct relating to hairstyle. Qualitative approach was used to collect information through a literature review and desk-top research methods.…

Whether blockchain technology violates the right to be forgotten?

OpenAIRE

Žymančius, Juras

2018-01-01

This master thesis analyzes the issues associated with the compliance of blockchain technology with the right to erasure or “right to be forgotten” in the General Data Protection Regulation. The first chapter reviews blockchain technology, how it works, types it has that is relevant to this thesis problem. In addition, it ascertains that there is no current legislation or guidelines regarding blockchain technology and its impact on personal data protection. The second chapter revi...

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).

The Institute of Commissioner for Human Rights in the Republic of Peru

Directory of Open Access Journals (Sweden)

Dariya V. Teplyakova

2015-01-01

Full Text Available The presented article is devoted to the analysis of the basic principles of development, formation and activity of the institute of rhe Commissioner for Human Rights in the Republic of Peru. This Latin American state only 65 years ago took the democratic pass. Thirteen various constitutions were accepted in the meantime, and only the last constitution of 1993 could proclaim really democtratic principles of a state regime. The constitution recognizes a wide range of personal, socio-economic and political rights and freedoms of individuals. One of the guarantees of their implementation in practice is establishment of the institute of the Commissioner for Human Rights (in the Peruvian legislation referred to "The defender of the people" [Defensor del pueblo (spanish], which is regulated by chapter 11 of the Political Constitution of 1993, and also by the Organic Act on the Human Rights Protection Agency № 26520 of August 4, 1995. The represented article analyzes the role and the significance of the institute of Human Rights Commissioner in the Republic of Peru on the basis of Peruvian organic legislation. The research paper investigates the procedure for forming this institution, demonstrates the process of electing the Commissioner for Human Rights as well as the appointment of his two deputies. Particular emphasis is laid upon the scope of the Ombudsman's responsibility and his cooperation with other state authorities in the Republic of Peru, including National Congress, along with the value of annual and emergency reports of Human Rights Commissioner to the State's legislative Authority. Special attention is paid to the procedure of consideration of citizen' complaints by the Human Rights Protection Agency. Annually the Commissioner for Human Rights submits the report on activities over the expired year to the Members of Congress, published in the official publication "El Peruano", which contains the report on the number and type of the

ExpertiSZe, a tool for determining the effects of social security legislation

NARCIS (Netherlands)

Svensson, Jorgen S.; Kordelaar, P.J.M.; Kordelaar, P.J.M.; Wassink, J.G.J.; van 't Eind, G.J.; Grütters, C.A.F.M.

1992-01-01

Social security legislation plays an important role in the Dutch society. In view of this, the effects of social security legislation have to be analysed carefully before new legislation can be made. Due to the growing complexity of legislation on the social security domain, this analysis has become

Features Consolidation and the Right to Freedom Personality in Law of Modern Russia

Directory of Open Access Journals (Sweden)

Alexander Kalyuzhnyi

2016-08-01

Full Text Available The article substantiates the urgency of countering the spread of attacks on freedom of the individual; analyzes the provisions of the Russian legislation on the declaration, and securing the rights to freedom of the individual; a classification of the investigated legal acts; substantiates the content structure of each of the listed groups of regulations;the content of the right to freedom of movement and the prohibition of forced labor in the legislation of Russia, analyzes the limits of jurisdiction of the Russian Federation and its members in matters of freedom of the individual; The problems of the existing mechanisms for the implementation of the provisions of the investigated legal acts; the features of the current state of the legal regulation of the right to individual freedom and draws conclusions on the content of the article.

The Evolution of Human Rights Protection within the EU Legal System

OpenAIRE

Tăbușcă Silvia

2012-01-01

Having in mind the EU’s policy to rebuild the democratic systems within the former Europeancommunist countries and its involvement in international actions regarding human rights enforcement, thereis no doubt about the importance of individuals rights protection in the European Union’s legal system. In thisrespect, the present paper analyzes the evolution of the principle of EU’s human rights protection. Theresearch done on the EU legislation and courts’ jurisprudence shows that there are thr...

Networks of power in digital copyright law and policy political salience, expertise and the legislative process

CERN Document Server

Farrand, Benjamin

2014-01-01

In this book, Benjamin Farrand employs an interdisciplinary approach that combines legal analysis with political theory to explore the development of copyright law in the EU. Farrand utilises Foucault's concept of Networks of Power and Culpepper's Quiet Politics to assess the adoption and enforcement of copyright law in the EU, including the role of industry representative, cross-border licensing, and judicial approaches to territorial restrictions. Focusing in particular on legislative initiatives concerning copyright, digital music and the internet, Networks of Power in Digital Copyright Law and Policy: Political Salience, Expertise and the Legislative Process demonstrates the connection between copyright law and complex network relationships. This book presents an original socio-political theoretical framework for assessing developments in copyright law that will interest researchers and post-graduate students of law and politics, as well as those more particularly concerned with political theory, EU and c...

75 FR 17854 - Travel Expenses of State Legislators

Science.gov (United States)

2010-04-08

... residence within the taxpayer's legislative district as the taxpayer's tax home. In addition, as a result of... section 162(h), a matter of Federal law. See Morgan v. Commissioner, 309 U.S. 78, 81 (1940) (``If it is... place of residence within the legislative district represented by the taxpayer is the taxpayer's home...

12 CFR 411.200 - Agency and legislative liaison.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Agency and legislative liaison. 411.200 Section 411.200 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES NEW RESTRICTIONS ON LOBBYING Activities by Own Employees § 411.200 Agency and legislative liaison. (a) The prohibition on the use of...

Censorship: What Do School Library Specialists Really Know? A Consideration of Students' Rights, the Law and Implications for a New Education Paradigm

Science.gov (United States)

Lukenbill, W. Bernard; Lukenbill, James F.

2007-01-01

Censorship of school library collections has risen significantly in the last few decades, and such attacks are increasing. American courts have ruled that students in schools have First Amendment rights and some degree of freedom of speech. Courts also have ruled that students have the right to information and to learn and discuss issues of…

Legislation on treating animals in human care

OpenAIRE

Konečná, Petra

2016-01-01

1 Abstract This Master's thesis entitled Legislation on treating animals in human care compares Czech and Australian legislation in selected aspects of three categories of animals in human care - farm animals, companion animals and animals used for scientific and other research purposes. The thesis is composed of 5 main chapters. The first chapter describes sources of law regarding treating animals in human care from the perspectives of international law, European Union law, federal Czech law...

A review of cyberbullying legislation in Qatar: Considerations for policy makers and educators.

Science.gov (United States)

Foody, Mairéad; Samara, Muthanna; El Asam, Aiman; Morsi, Hisham; Khattab, Azhar

Cyberbullying is a worldwide problem affecting mental health, education, safety and general well-being for individuals across the globe. Despite the widespread availability of the Internet, research into prevalence rates of cyberbullying in Qatar is lacking and legislating for the crime has been slow to develop. Recently there have been some positive initiatives in the country such as a Cybercrime Prevention Law, the development of a National ICT Strategy, and a website detailing safe practice guidelines for Internet usage. However, the implementation and usage of these initiatives are still limited and there is a lack of awareness of cyberbullying in Qatar. As a result, the risk factors and consequences among school-aged children are unknown. The current paper presents an evaluation of the legislative and public policy solutions to cyberbullying available in Qatar, and outlines the critical challenges that could potentially face educators in shaping best practice guidelines for the future. Copyright © 2016 Elsevier Ltd. All rights reserved.

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.

Patterns and predictors of state adult obesity prevention legislation enactment in US states: 2010-2013.

Science.gov (United States)

Donaldson, Elisabeth A; Cohen, Joanna E; Villanti, Andrea C; Kanarek, Norma F; Barry, Colleen L; Rutkow, Lainie

2015-05-01

This study examined bill- and state-level factors associated with enactment of adult obesity prevention legislation in US states. A review of bills in the Rudd Center for Food Policy and Obesity's legislative database identified 487 adult obesity prevention bills, or proposed legislation, introduced between 2010 and 2013. Multilevel models were constructed to examine bill- and state-level characteristics associated with enactment. From 2010 to 2013, 81 (17%) of obesity prevention bills introduced were enacted across 35 states and the District of Columbia. Bills introduced in 2010 were more likely to be enacted than in 2013 (OR=9.49; 95% CI: 2.61-34.5). Bills focused on access to healthy food, physical activity, general and educational programs, as well as modifying rules and procedures (e.g., preemption) had greater odds of enactment relative to food and beverage taxes (OR=8.18; 95% CI: 2.85-23.4 healthy food; OR=17.3; 95% CI: 4.55-65.7 physical activity; OR=15.2; 95% CI: 4.80-47.9 general; OR=13.7; 95% CI: 3.07-61.5 rules). The year of bill introduction and overall bill enactment rate were related to adult obesity prevention legislation enactment in states. This study highlights the importance of a bill's topic area for enactment and provides insights for advocates and policymakers trying to address enactment barriers. Copyright © 2015 Elsevier Inc. All rights reserved.

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

The 'French exception': the right to continuous deep sedation at the end of life.

Science.gov (United States)

Horn, Ruth

2018-03-01

In 2016, a law came into force in France granting terminally ill patients the right to continuous deep sedation (CDS) until death. This right was proposed as an alternative to euthanasia and presented as the 'French response' to problems at the end of life. The law draws a distinction between CDS and euthanasia and other forms of sympton control at the end of life. France is the first country in the world to legislate on CDS . This short report describes the particular context and underlying social values that led to this piece of legislation, and explores its meaning in the wider French context. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2018. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

Constitutional Restrictions and Prohibitions of the legislative Referendum (Ustavne omejitve in prepovedi zakonodajnega referenduma

Directory of Open Access Journals (Sweden)

Igor Kaučič

2014-10-01

Full Text Available With the amendment of article 90 of the Constitution of the Republic of Slovenia, following the model of comparable European states, Slovenia too introduced restrictions and prohibitions on the legislative referendum. A legislative referendum can no longer be called for laws pertaining to emergency measures to ensure the defence of the state, security, or the elimination of the consequences of natural disasters; financial and budgetary laws as well as the law adopted for the implementation of the state budget; laws ratifying international treaties; and laws eliminating unconstitutionality in the field of human rights and fundamental freedoms or any other unconstitutionality. Delaying the adoption of such laws, and their rejection in a referendum in particular, would represent a serious hindrance for the functioning of the state and the execution of its fundamental functions – especially in adopting urgent legislative measures. Restrictions and prohibitions of referendum decision-making are characteristic of those systems where the referendum may be demanded by the voters. In systems where the referendum is in the hands of the parliamentary majority, the need for express prohibitions is considerably smaller, if not redundant, since the parliament independently decides on the appropriateness of a referendum decision-making on such laws.

Judicial protection of pension rights: problems of theory and practice

Directory of Open Access Journals (Sweden)

Marina G. Sedelnikova

2018-01-01

Full Text Available The subject. The article is devoted to analysis of pension disputes resolution in courts.The purpose of the article is to reveal trends of pension disputes resolution and identify the ways of increasing the efficiency of judicial protection of citizens’ pension rights.The methodology. Both general scientific methods (analysis, synthesis, description and special scientific methods (formal-legal methods method of legal interpretation were used.Results, scope of application. Pension legislation still does not contain a legal definition of the term “pension dispute” despite currently the prevalence of this category of cases; the legal science still has not developed a uniform approach to definition of the essence of the pension dispute.Special attention is paid to the issues of definition of the facts in proof, that is complicated because of instability of the pension legislation and a large amount of normative array. Special rules relating to the admissibility of evidence are divided from legally significant circumstances. The attention is focused on the most problematic points that arise in the process of proving: the procedure for confirmation of experience, employment in certain types of work quotas.Recommendations aimed at improving the effectiveness of judicial protection of the pension rights of citizens are formulated on the basis on the analysis of the identified problems that arise during consideration of pension disputes by law enforcement authorities. Recommendations include the need to improve the quality of normative legal acts, systematization of the pension legislation, increasing demands for training of judges, the creation of conditions conducive to the judges’ specialization. The necessity of increase activities of the Supreme Court in the process of issuing clarifications on issues arising in the application of the pension legislation is also considered.Conclusions. The existence of a number of features of the substantive

Inclusive Education in Spain: Promoting Advocacy by Legislation

Science.gov (United States)

De Luis, Edurne Chocarro

2016-01-01

This article reviews the journey of special education in Spain by considering the legal frameworks. It examines the extent to which legislation has tapped into the feelings of society in general towards people with disabilities who wish to secure inclusion in both education and society. It tracks the evolution of legislation, originally based on a…

From the Middle Ages to the 21st Century. Abortion, Assisted Reproduction Technologies and LGBT Rights in Argentina

Directory of Open Access Journals (Sweden)

Florencia Luna

2018-02-01

Full Text Available Despite "progressive" legislative changes concerning the LGBT collective and assisted reproductive technologies (ARTs in Argentina, women and their sexual and reproductive rights have been overlooked. This article presents a critical perspective of some of these legislative modifications in the country. It addresses why some legislators and society are prepared to challenge a conservative or traditional approach for certain groups while ignoring others. Several factors are at play. There is no all-inclusive explanation. I stress that a striking double standard prevails in Argentina with respect to women and their sexual and reproductive rights. I also contend that powerful discrimination exists, in particular against poor women, who continue to suffer and are "punished" by the criminalization of abortion.  

The Universal Declaration of Human Rights

Science.gov (United States)

Landorf, Hilary

2012-01-01

A study of human rights prepares students for their role as global citizens and their study of practices in the world's countries that relate to the rights of human beings. Today, when one talks of human rights it is usually with reference to the 1948 Universal Declaration of Human Rights (UDHR). It is the task of teachers to give students the…

The right to life

Directory of Open Access Journals (Sweden)

Dr.Sc. Stavri Sinjari

2013-06-01

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

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.

The effects of sexual orientation on state legislators' behavior and priorities.

Science.gov (United States)

Herrick, Rebekah

2009-01-01

This article explores whether sexual orientation, surrogate representation, and political factors affect legislators' work on gay, lesbian, and bisexual (GLB) interests, and whether the latter explains away the influence of sexual orientation. A survey of openly GLB state legislators and their colleagues was conducted to measure legislators' campaign issues, legislative priorities, surrogate representation, and ambition. This information is supplemented with bill introduction and district data. The results indicate that legislators' sexual orientation strongly influences their work on GLB issues and although surrogate representation and electoral considerations also affect GLB work, they do not explain away the importance of sexual orientation. The implications of this for the relationship between descriptive and substantive representation are explored.

[Tuberculosis and refusal of treatment: resorting to legislation on serious health threats].

Science.gov (United States)

Bouvet, R; Le Gueut, M

2013-06-01

Clinicians are regularly confronted with the question of refusal of treatment from patients with tuberculosis. For several years, the French public health authorities have been studying the possibility of compelling treatment or isolation, but no plan has been implemented even though European and American experiences have shown the effectiveness of restrictive measures. Neither the statutory exceptions to the principle of consent to medical treatment nor the conditions of implementation of "required care" allow legally binding measures against patients refusing care or isolation. The legislation on serious health threats has recently been applied to the situation of a refusal of treatment in the context of tuberculosis. It allowed the patient to be ordered to observe prescribed care and the possibility of forced isolation in the event of breach of this order. The legislation on serious health threats is a response to the question of refusal of treatment from patients with tuberculosis. However the opinion of the legal authority as to its necessity and proportionality to the risk remains unknown. Copyright © 2013 SPLF. Published by Elsevier Masson SAS. All rights reserved.

Sonora Legislators and their Constitution, 1857-1861

Directory of Open Access Journals (Sweden)

Zulema Trejo

2010-01-01

Full Text Available This paper describes the members of the Sonora constituent congress (1857-61, and analyzes the debates they held regarding the project for the state's Constitution, which would follow the lines estblished by the 1857 Federal Constitution. It also points out the relations between each legislator's trajectory and politicial affiliation (as far as available sources allow for this, and the proposals he presented during the legislative debates that gave place to the 1861 Constitution of Sonora.

The economic impact of merger control legislation

OpenAIRE

Carletti, Elena; Hartmann, Philipp; Onega, Steven

2007-01-01

We construct a unique dataset of legislative reforms in merger control legislation that occurred in nineteen industrial countries in the period 1987-2004, and investigate the economic impact of these changes on stock prices. In line with the hypothesis that merger control should challenge anticompetitive mergers and thus limit future monopolistic profits, we find that the strengthening of merger control decreases the stock prices of non-financial firms. In contrast, we find that bank stock pr...

Efficient lighting in buildings: The lack of legislation in Portugal

International Nuclear Information System (INIS)

Almeida, António Manuel; Martins, António Gomes

2014-01-01

The behavior of building designers is conditioned by the existing legislation and regulations in the national context in which they operate. However, in the Portuguese legislation there are no rules concerning the use of daylight, and therefore, designers are not stimulated to adopt solutions that make use of the existing potential of sunlight availability. In the same way, it is difficult to understand the lack of specific regulation, with quantified targets, limiting power density of artificial lighting installed inside buildings. The present opportunity, generated by the need to carry out the revision of Portuguese building energy systems regulation, should be used to fill the existing gap in national legislation regarding those matters. In this paper the authors present some proposals for future legislation that will have as central purpose the utilization of efficient lighting systems and the promotion of architectural solutions that optimize the use of daylighting. It is possible, and desirable, to add new directives to national legislation that contribute to the improvement of Portuguese buildings, characterized by its good performance in terms of daylight availability, and at the same time, increasing the energy efficiency and reducing the energy consumption of lighting systems installed in those buildings. - Highlights: • In the Portuguese legislation there are no rules concerning the use of daylight. • Lack of specific regulation limiting power density of artificial lighting. • Revision of Portuguese building energy systems regulation. • Some proposals for future legislation. • Improvement of Portuguese buildings promoting energy efficiency

Price-based promotions of alcohol: legislative consistencies and inconsistencies across the Australian retail, entertainment and media sectors.

Science.gov (United States)

Wardle, Jon

2015-05-01

Excessive alcohol consumption is a major public health issue internationally, with alcohol consumption being recognised as a leading cause of preventable illness and major social burden. To help ameliorate the risks and harms associated with alcohol consumption, all levels of governments have explored various legislative and regulatory provisions to support responsible alcohol consumption, service and promotion. In this article, using Australia as a case study, the legislative environment around responsible alcohol promotion and consumption across the Australian retail, entertainment and media sectors will be explored, with a focus on pricing and volume-based discounts. Whilst the potential harm and effect of both the licensed and non-licensed sectors appears to be widely acknowledged as similar in both scope and size of effect, legislative protections overwhelmingly focus solely on reducing the risks associated with alcohol consumption in licensed premises. This article explores the legislative provisions around preventing excessive alcohol consumption through promotional and marketing activities, and notes that whilst the licensed premises sector is facing increasing legislative restrictions, the off-premises sector remains unregulated and in some cases has even had existing restrictions removed, despite forming an increasing part of the alcohol chain in Australia. There appear to be inconsistencies and regulatory gaps in relation to price-based and volume-based discount alcohol promotions. Regulatory loopholes allow the retail sector in particular to use discounted alcohol as a promotional tool, in a way that is inconsistent with the goals of public health alcohol legislation, and in a way which would be illegal in any other sector. There appears to be a compelling case for introducing new restrictions, or extending existing restrictions, on these forms of promotion across all sectors involved in alcohol promotion, and there is considerable evidence that there

Aruna Shanbaug and the right to die with dignity: the battle continues.

Science.gov (United States)

Kishore, R R

2016-01-01

Aruna Shanbaug's protracted continuance in a persistent vegetative state (PVS) for nearly 42 years needs to be viewed seriously by all those who believe in a person's inalienable right to dignity in dying. A terminally ill and/or incapacitated individual is a helpless person confronted with perpetual risk of intrusion in to his autonomy by the moral paternalists, owing to false notion of human virtues. Legislative inadequacy coupled with judicial heterogeneity has exposed the decision making process to unwarranted ambiguity. Misapplication of moral and juristic principles is a global challenge. 29-year-old Brittany Maynard's recent act of ending her life by migrating from California to Oregon has ignited a fierce debate and nearly half of the states in the USA are contemplating enactment of death with dignity legislation. Across the Atlantic, the European Court of Human Rights judgment on June 5, 2015, endorsing Vincent Lambert's right to end medical support, is a resounding affirmation of an individual's right to die with dignity. This article is an attempt to explore various dimensions of one's right to dignity in dying, in the global as well as the Indian context.

Parental leave: the impact of recent legislation on parents' leave taking.

Science.gov (United States)

Han, Wen-Jui; Waldfogel, Jane

2003-02-01

We use data from the Survey of Income and Program Participation to examine the impact of leave entitlements on unpaid leave usage by men and women after the birth of a child from 1991 to 1999. The results indicate that legislation providing the right to unpaid leave has not affected men's leave usage. The results for women are mixed: in some specifications, leave entitlements are associated with increased leave taking or longer leaves, but the results depend on how we define leave coverage. Our results point to the limited impact of unpaid leave policies and the potential importance of paid-leave policies.

Joint conference on the impact of EU legislation on therapeutic advance.

Science.gov (United States)

Forgó, Nikolaus; Hildebrandt, Martin

2013-12-01

On October 11, 2012, two FP7-funded Research Consortia, CONTRACT (Consent in a Trial and Care Environment) and Academic GMP, held a Joint Conference in Brussels entitled "The Impact of EU Legislation on Therapeutic Advance." Academic researchers including stem cell transplant physicians and cell therapy specialists, legal advocates and representatives from industry, regulatory authorities and patient advocacy groups met with members of the European Parliament and the European Commission. This article summarizes important points of discussion and detailed proposals for improvement. Copyright © 2013 International Society for Cellular Therapy. Published by Elsevier Inc. All rights reserved.

Fifty years of German nuclear legislation

International Nuclear Information System (INIS)

Heller, W.

2006-01-01

The political situation and the state of legislation after World War II make it difficult to pinpoint a precise date of origin of German nuclear legislation. The restrictions imposed by the Allied High Commission (AHC) without any exception put a ban on the production of uranium and thorium metal as well as the construction of nuclear reactors. These restrictions were lifted expressly when the German Atomic Energy Act (AtG) entered into force on January 1, 1960, i.e. much later than the formal step of gaining sovereignty, which was marked by the protocol of May 5, 1955 terminating the Occupation Statute. In October 1955, the German federal government established the then Federal Ministry for Atomic Matters also in an attempt to reconnect to developments in nuclear fission in other parts of the Western world. To supersede the AHC law, the German federal government in December 1956 publicized a draft Atomic Energy Act. It is safe, therefore, to consider that year the starting point of German atomic legislation. This step was followed by deliberations preparatory to the adoption of the Atomic Energy Act. In 1957, however, adoption failed because no two-thirds majority was reached to amend the Basic Law, i.e. the Constitution. As a consequence, some federal states saw the need to adopt state legislation to regulate this area. On December 3, 1959, a new draft Atomic Energy Act was adopted by the German federal parliament after the second and third readings - coupled with an amendment to the Basic Law on that same day - with the votes of the opposition and with one abstention. (orig.)

The impact of legislation on divorce: a hazard function approach.

Science.gov (United States)

Kidd, M P

1995-01-01

"The paper examines the impact of the introduction of no-fault divorce legislation in Australia. The approach used is rather novel, a hazard model of the divorce rate is estimated with the role of legislation captured via a time-varying covariate. The paper concludes that contrary to U.S. empirical evidence, no-fault divorce legislation appears to have had a positive impact upon the divorce rate in Australia." excerpt

Generic legislation of new psychoactive drugs.

Science.gov (United States)

van Amsterdam, Jan; Nutt, David; van den Brink, Wim

2013-03-01

New psychoactive drugs (NPDs, new psychoactive substances) enter the market all the time. However, it takes several months to ban these NPDs and immediate action is generally not possible. Several European countries and drug enforcement officers insist on a faster procedure to ban NPDs. Introduction of generic legislation, in which clusters of psychotropic drugs are banned in advance, has been mentioned as a possible solution. Here we discuss the pros and cons of such an approach. First, generic legislation could unintentionally increase the expenditures of enforcement, black market practices, administrative burden and health risks for users. Second, it may have a negative impact on research and the development of new treatments. Third, due to the complexity of generic legislation, problems in the enforcement are anticipated due to lack of knowledge about the chemical nomenclature. Finally, various legal options are already available to ban the use, sale and trade of NPDs. We therefore conclude that the currently used scientific benefit-risk evaluation should be continued to limit the adverse health effects of NPDs. Only in emergency cases, where fatal incidents (may) occur, should this approach be overruled.

Right Brain Drawing.

Science.gov (United States)

Whalen, Adryce C.

1985-01-01

The author describes activities of a weekly enrichment class providing right-brain tasks to gifted elementary students. Activities, which centered on artistic creativity, were taken from "Drawing On the Right Side of the Brain" by B. Edwards. (CL)

Legislation in the electricity economy 1980

International Nuclear Information System (INIS)

Antoni, W.; Haeusler, C.; Hermann, H.P.; Meyer-Woebse, G.; Schmidt, K.

1981-01-01

The authors survey substantial developments of legislation in the electricity economy in 1980. They deal with prominent, legal subjects of a political nature and discuss questions posed by the interpretation and application of laws with regard to supply concepts, to the 4th amendment to the anti-trust law, to legislation relating to the anti-trust law, to recommendations by the Investigation Committee, to rate approvals, general terms and conditions governing supplies, to atomic energy law, to the environmental protection law, to the law relating to the conservation of nature and preservation of rural amenities, to the law relating to roads and to developments of tax laws. (HSCH) [de

Impact of the legislation on consumers

International Nuclear Information System (INIS)

Lee, D.O.

1982-01-01

Douglas Lee points out that the question of nuclear waste will not go away. Nuclear waste is with us and consumers should support legislation to deal with the problem once and for all. The spent fuel is growing, and twenty-nine nuclear plants will face onsite storage problems in this decade. If these plants shut down, consumers will face higher electric generating costs if a switch to a more expensive fuel is necssary, or if the utilities are forced to purchase power of the grid. The cost of waste disposal under this proposed legislation will amount to about 75 cents per month for those electric customers serviced by nuclear plants

How to use pre-employment medical examinations and comply with Anti-Discrimination legislation

Energy Technology Data Exchange (ETDEWEB)

Scholz, D. [Sparke Helmore Solicitors and Notaries, Sydney, NSW (Australia)

1998-12-31

The law including legislation such as the Occupational Health and Safety Act 1983 imposes stringent obligations on employers to ensure the health and safety of their employees. The use of pre-employment medical examinations is one tool that employers can use to assess the suitability of applicant for a particular position and protect themselves from persecution or claims for compensation or damages. At the same time, however, legislation such as The Disability Discrimination Act 1992 (Commonwealth) (DDA) and The Anti-Discrimination Act 1977 (New South wales) (ADA) affords protection to individuals against discrimination. This legislation is intended to ensure, as far as is practicable, that people with disabilities are treated equally to other members of the community and are brought into the mainstream of our society as far as possible. It makes it unlawful for employers to discriminate against prospective employees because of their disability. In the context of pre-employment medicals, the protection from discrimination is designed to ensure that job applicants with disabilities have as much opportunity to obtain employment as able bodied applicants. Employers must ensure that they use pre-employment medical examinations in a way that is both relevant for their workplace and complies with the requirements of Anti-Discrimination legislation. The definition of discrimination in the Federal and State Acts is virtually identical except for variations in the type and extent of various exceptions. Complainants are free to choose between State and Federal jurisdiction in situations which are covered by both. While the Equal Opportunity Tribunal (State) cannot order damages in excess of 40,000,000 dollars there is no limit on the amount of damages the Human Rights and Equal Opportunity Commission (Federal) can award.

Equal pay legislation and the gender wage gap

OpenAIRE

Polachek, Solomon W.

2014-01-01

Despite equal pay legislation dating back 50 years, American women still earn 22% less than their male counterparts. In the UK, with its Equal Pay Act of 1970, and France, which legislated in 1972, the gap is 21% and 17% respectively, and in Australia it remains around 17%. Thus, the gender pay gap continues to be an important policy issue.

Evaluation of legal aspects of activities involving radiations: proposal for a new legislation

International Nuclear Information System (INIS)

Borges, Jose C.

1997-01-01

The present brazilian legislation status concerning activities in which occurs or may occur any exposure to ionizing radiations, involves several incoherencies and privileges, as a consequence of legal rights generated from labor principles which have no social or scientific base. In this study, several legal labor topics are analysed and a new doctrine context is proposed, based mainly on a equal treatment for all insalubrious and dangerous activities done by workers of both private and public sectors (author). 8 refs

An analysis of physician antitrust exemption legislation: adjusting the balance of power.

Science.gov (United States)

Hellinger, F J; Young, G J

2001-07-04

Current antitrust law restricts physicians from joining together to collectively negotiate. However, such activities may be approved by state laws under the so-called state action immunity doctrine and by federal legislation under an explicit antitrust exemption. In 1999, Texas became the first state to pass physician antitrust exemption legislation allowing physicians, under certain defined circumstances, to collectively negotiate fees with health plans. Last year, similar legislation was introduced in the US Congress, in 18 state legislatures, and in the District of Columbia. This legislation was passed only in the District of Columbia where its implementation was blocked by the city's financial control board. Nonetheless, legislation permitting physicians to collectively negotiate fees with managed care plans has been introduced in 10 state legislatures this year, and there is continued interest in introducing similar legislation in the US Congress. This analysis examines the basic features of this legislation and its potential impact on the balance of power between physicians and managed care plans.

The ‘French exception’: the right to continuous deep sedation at the end of life

Science.gov (United States)

Horn, Ruth

2018-01-01

In 2016, a law came into force in France granting terminally ill patients the right to continuous deep sedation (CDS) until death. This right was proposed as an alternative to euthanasia and presented as the ‘French response’ to problems at the end of life. The law draws a distinction between CDS and euthanasia and other forms of sympton control at the end of life. France is the first country in the world to legislate on CDS. This short report describes the particular context and underlying social values that led to this piece of legislation, and explores its meaning in the wider French context. PMID:29056584

Legislator voting and behavioral science theory: a systematic review.

Science.gov (United States)

Tung, Gregory J; Vernick, Jon S; Reiney, Erin V; Gielen, Andrea C

2012-11-01

To examine the application of behavioral science theories to explain the voting behavior of legislators for public health policies. We conducted a systematic review to identify studies that examined factors associated with legislator support, intention to vote, or actual votes on public health policies, emphasizing those grounded in behavior science theory. Twenty-one papers met our inclusion criteria, and 6 were explicitly grounded in a behavioral science theory. Behavioral science theories, and the theory of planned behavior in particular, provide a framework for understanding legislator voting behavior and can be used by advocates to advance pro-health policies.

The Legislative Framework Regarding Bullying In South African Schools

Directory of Open Access Journals (Sweden)

Annelie Laas

2014-12-01

Full Text Available Bullying in schools is a global phenomenon that has the potential to impact on children not only physically but also psychologically. In South Africa countless children fall victim to bullying, harassment and abuse at schools. A myriad of constitutional rights are infringed upon when bullying occurs, and the problem is escalating. The Protection from Harassment Act 71 of 2011 was signed and accepted into law on the 27th of April 2013. This new Act may grant relief to victims of bullying inter alia by providing for protection orders, and therefore adds to the legislative framework available to victims. However, in terms of bullying in schools, the parties to these incidents are minors and therefore a critical analysis is necessary with regard to the rights of the victim and the offender. In this context the relationship and interaction between the Protection from Harassment Act 71 of 2011, the Child Justice Act 75 of 2008, the Children's Act 38 of 2005 and the South African Schools Act 84 of 1996 call for critical analysis.

Points for Improvement in Mexican Legislation on Safeguards

International Nuclear Information System (INIS)

Maciel Sánchez, S.; Carreño Padilla, A. L.

2015-01-01

The main goal of this paper is to underline the specific points needed still to be improved on safeguards in the Mexican legal framework. The problem: Mexico proposed the Tlatelolco Treaty which was before the TNP. So the Mexican legislation on safeguards should to be one of the best around the world, but there are still points to be improved, such as a specific regulation on the topic. Justification: Remembering that the exact sciences need of the law in order to be applied in a desirable way. I mean, the safeguards could be well conceived and well worked from the physics and mathematics point of view, but in order to be followed in any country, it is necessary the right legal framework. Hypothesis: What has Mexico now in its legislation on safeguards and what remains to be done (what is pending in the Mexican legal scope of the safeguards)? Objectives: – To propose legal solutions to correct the weakness of the Mexican legal framework on Safeguards; taking into account my own experience drafting the Mexican regulation on safeguards from 2008 for the Mexican Government in my nuclear law firm “Martínez and Maciel”. – To propose a legal framework on safeguards for Mexico as it is understood by the IAEA. – To update the legal frame work on safeguards in Mexico linking it to the Back end of the spent fuel. (Considering that sooner or later the Mexican Government will have to define its politic on this topic). (author)

GLOBAL CATEGORIZATION OF THE WORLD'S INDIGENOUS LAND AND RESOURCES RIGHTS

OpenAIRE

Dubertret , Fabrice

2014-01-01

This document is a draft. It aims at providing a basis for discussion between the different organizations and indigenous land and resources rights experts involved in the wider project of building a world atlas of indigenous territories.; This working paper describes the process of establishing a global categorization of indigenous land and resources rights. From the analysis of a great variability of legislations regarding indigenous territories, common considered topics are identified, such...

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

Combating Trafficking in Women and Children: A Review of International and National Legislation, Coordination Failures and Perverse Economic Incentives

NARCIS (Netherlands)

A.S. Bedi (Arjun Singh); R.K.Q. Akee (Randall); A.K. Basu (Arnab); N.H. Chau (Nancy)

2009-01-01

textabstractAbstract In this review, we argue that the pattern of trafficking needs to be understood through the impact of legislative forces and human rights policies in place in the host countries of trafficking. Analyzing trafficking patterns solely through the lens of economic, labor market and

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

OpenAIRE

L Dancaster

2014-01-01

In 2003, eligible employees in the United Kingdom acquired the legal right to request flexible working arrangements. The government believes that this new right will provide parents with greater choice and support in balancing work and childcare, whilst being compatible with business efficiency. This article critically appraises this new right and examines how it is applied in relation to other UK legislation on discrimination and unfair dismissal. An overview of international studies on corp...

Diet pills and the cataract outbreak of 1935: reflections on the evolution of consumer protection legislation.

Science.gov (United States)

Margo, Curtis E; Harman, Lynn E

2014-01-01

An outbreak of cataracts in 1935 caused by dinitrophenol (DNP), the active ingredient of popular diet pills, highlighted the inability of the U.S. Food and Drug Administration (FDA) to prevent harmful drugs from entering the marketplace. Just two years earlier, the FDA used horrific images of ocular surface injury caused by cosmetics at the World's Fair in Chicago to garner public support for legislative reform. The FDA had to walk a fine line between a public awareness campaign and lobbying Congress while lawmakers debated the need for consumer protection. The cataract outbreak of 1935 was conspicuous in the medical literature during the height of New Deal legislation, but questions persist as to how much it affected passage of the proposed Food, Drug, and Cosmetic Act (of 1938). The legislation languished in committee for years. The cataract outbreak probably had little impact on the eventual outcome, but medical opinion concerning the safety of DNP may have contributed to the voluntary withdrawal of the diet drug from the market. We review the DNP cataract outbreak and examine it in context of the challenges facing regulatory reform at that time. Copyright © 2014 Elsevier Inc. All rights reserved.

COMPARATIVE STUDY ON THE RIGHT TO HEALTH CARE SYSTEM PRISON LAW INTENDED TO ROMANIAN NATIONAL HEALTH LAW

Directory of Open Access Journals (Sweden)

Florentina Laurenţia GĂIŞTEANU

2017-05-01

Full Text Available Health protection represents a protection measure for persons being a guaranteed right in Romania provided by the 34 Article of Romanian Constitution. The state is liable for taking measures of protecting physical and mental health, both for free persons and for those persons serving custodial measures. Starting from the Recommendation of the Committee of Ministers of the Member States relating to the European Prison Rules Rec (2006 2, which provides in paragraph 2 of subparagraph 40 – “The organization of health care in prisons”- that health policy from prison will be integrated in national health policy, being compatible with that. That comparative study aims at the implementation of European’s recommendations in different medical specialty areas. During this presentation are highlighted identical or different provisions stipulated in the relevant legislation of both two health systems, concluding that in certain areas of prison system, the state provides extra healthcare legislation. Comparative study between the right of medical assistance provided by Romanian Prison Legislation and the right of medical assistance provided by Romanian National Health Care System.

Participation without representation? Senior opinion, legislative behavior, and federal health reform.

Science.gov (United States)

Bradley, Katharine W V; Chen, Jowei

2014-04-01

Why do legislators sometimes engage in behavior that deviates from the expressed policy preferences of constituents who participate in politics at high rates? We examine this puzzle in the context of Democratic legislators' representation of their senior citizen constituents on the Patient Protection and Affordable Care Act of 2010 (ACA). We find that legislators' roll-call votes on the ACA did not reflect the stated preferences of their respective senior constituents; by contrast, these roll-call votes did reflect the preferences of nonsenior adults. We draw upon a theoretical framework developed by Mansbridge to explain this apparent nonresponsiveness to seniors on the ACA. This framework distinguishes between promissory representation, whereby legislators merely respond to constituents' preferences, and anticipatory representation, whereby legislators respond to constituents' underlying policy interests, even when such interests conflict with expressed preferences. By considering the Medicare provisions in the ACA and analyzing Democratic legislators' floor speeches on health reform, we provide preliminary evidence that members of Congress engaged in anticipatory representation of their senior constituents by attempting to educate seniors about how the ACA serves their policy interests.

Student Satisfaction Negates Pedagogic Rights, Theirs and Ours!

OpenAIRE

Barnes, C.; Jenkins, C.

2014-01-01

This article outlines how the potential for students to be co-participants, via a critical education, risks being further co-opted through the marketization of higher education by constructing students as consumers with power over academics to make judgments on pedagogic quality through student satisfaction ratings. We start by outlining the relevant components of marketization processes, and their associated practices of financialization and managerialism that have developed in response to t...

Law status of journalists and bloggers in the newest information legislation of Russian Federation

Directory of Open Access Journals (Sweden)

Kapustina Anna Georgievna

2015-03-01

Full Text Available The author carries out a comparative analysis of Russian national rights and responsibilities of journalists and bloggers, distinguishes fundamental differences in the legal status of the subject of information relations, determines the trend of development of the Russian legislation activity regulation of participants of information relations in the Russian segment of the Internet. On August 1, 2014 the Law on bloggers entered into force that, on the one hand fixed the differences between journalism as a profession and the blogosphere as a kind of social activity. On the other hand, at the legislative level it has solved the problem of the responsible attitude to bloggers - often influential and popular sources of information - to the broadcasting of messages. It is obvious that in Russian Federation it is being actively formed a system of legal regulation of information relations on the Internet, existed for many years legal gaps in this area are gradually disappearing.

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

Rights versus labour privileges for ionizing radiation exposure activities

International Nuclear Information System (INIS)

Borges, Jose Carlos

1996-01-01

The present panorama of brazilian legislation concerning activities in which (may) occurs exposure to ionizing radiations, involves several incoherencies and privileges, as a consequence of legal rights generated from labor principles which have no social or scientific embasement. In this study, several legal labor topics are analysed and a new doutrinary context is proposed. (author)

From Right to Sin: Laws on Infanticide in Antiquity.

Science.gov (United States)

Obladen, Michael

2016-01-01

This is the first of three papers investigating changes in infanticide legislation as indicators of the attitude of states towards the neonate. In ancient East Asian societies in which the bride's family had to pay an excessive dowry, selective female infanticide was the rule, despite formal interdiction by the law. In Greece and Rome children's lives had little value, and the father's rights included killing his own children. The proportion of men greatly exceeding that of women found in many cultures and epochs suggests that girls suffered infanticide more often than boys. A kind of social birth, the ritual right to survive, rested on the procedure of name giving in the Roman culture and on the start of oral feeding in the Germanic tradition. Legislative efforts to protect the newborn began with Trajan's 'alimentaria' laws in 103 CE and Constantine's laws following his conversion to Christianity in 313 CE. Malformed newborns were not regarded as human infants and were usually killed immediately after birth. Infanticide was formally outlawed in 374 CE by Emperor Valentinian. © 2015 S. Karger AG, Basel.

Norway's ICT Accessibility Legislation, Methods and Indicators.

Science.gov (United States)

Rygg, Malin; Rømen, Dagfinn; Sterri, Brynhild Runa

2016-01-01

This paper gives an overview of the Norwegian legislation on Universal Design of information and communication technology (ICT) and how the Norwegian Authority for Universal Design of ICT works to enforce and achieve the goals behind the legislation. The Authority uses indicators to check websites for compliance with the regulations. This paper describes the rationale and intended use for the indicators and how they are used for both supervision and benchmarks as well as a way of gathering data to give an overview of the current state of Universal Design of websites in Norway.

Right Here Right Now: Developing an understanding of responses to smoking policy developments using online data collection in near to real time

Directory of Open Access Journals (Sweden)

Gillian Fergie

2015-10-01

Full Text Available Background: Health policymakers require timely evidence to inform decision-making, however, rapid social change often outpaces the capacity of traditional approaches to research to produce meaningful insights. The pervasion of mobile technologies and internet access offers opportunities for capturing context specific and near real-time data on people’s perceptions, behaviours and everyday experiences that could usefully inform decision-making. The Right Here Right Now pilot study was established to provide insights into public responses to, and lived experiences of, contemporary social and health issues. From May to October 2015, a cohort of 180 adults living in Glasgow were asked weekly questions. These questions were developed with decision-makers working in health and social policy or in response to topical newsworthy public health issues that arose. The questions were delivered through an online system and allowed participants to answer directly by website, SMS or post. Aim: An issue that was of high public health policy interest and debate during this period was the need for further tobacco and nicotine control. The aim of this study was to explore the potential of using an online data collection system with a cohort of Glasgow residents to provide rapid insights into public opinion on such policy developments. Method: Three smoking/vaping related questions were sent out to Right Here Right Now participants over the course of the study. The questions were in four parts, first a multiple choice question and then three qualitative follow-up questions based on participants’ responses to part one. The questions were developed with stakeholders working in health advocacy and policy development. They focused on: perceptions of the pervasion of e-cigarettes; legislation on smoking in cars carrying children; and reflections on ten years of the ‘smoking ban’ in enclosed public places. Results: The response rate ranged from 45% to 55% (65 �

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

Legal barriers in accessing opioid medicines: results of the ATOME quick scan of national legislation of eastern European countries.

Science.gov (United States)

Vranken, Marjolein J M; Mantel-Teeuwisse, Aukje K; Jünger, Saskia; Radbruch, Lukas; Lisman, John; Scholten, Willem; Payne, Sheila; Lynch, Tom; Schutjens, Marie-Hélène D B

2014-12-01

Overregulation of controlled medicines is one of the factors contributing to limited access to opioid medicines. The purpose of this study was to identify legal barriers to access to opioid medicines in 12 Eastern European countries participating in the Access to Opioid Medication in Europa project, using a quick scan method. A quick scan method to identify legal barriers was developed focusing on eight different categories of barriers. Key experts in 12 European countries were requested to send relevant legislation. Legislation was quick scanned using World Health Organization guidelines. Overly restrictive provisions and provisions that contain stigmatizing language and incorrect definitions were identified. The selected provisions were scored into two categories: 1) barrier and 2) uncertain, and reviewed by two authors. A barrier was recorded if both authors agreed the selected provision to be a barrier (Category 1). National legislation was obtained from 11 of 12 countries. All 11 countries showed legal barriers in the areas of prescribing (most frequently observed barrier). Ten countries showed barriers in the areas of dispensing and showed stigmatizing language and incorrect use of definitions in their legislation. Most barriers were identified in the legislation of Bulgaria, Greece, Lithuania, Serbia, and Slovenia. The Cypriot legislation showed the fewest total number of barriers. The selected countries have in common as main barriers prescribing and dispensing restrictions, the use of stigmatizing language, and incorrect use of definitions. The practical impact of these barriers identified using a quick scan method needs to be validated by other means. Copyright © 2014 American Academy of Hospice and Palliative Medicine. Published by Elsevier Inc. All rights reserved.

Know Your Rights on Campus: A Guide on Racial Profiling, and Hate Crime for International Students in the United States.

Science.gov (United States)

Harvard Civil Rights Project, Cambridge, MA.

This guide to the rights of international students explains racial profiling and hate crimes. Since the terrorist attacks of September 11, 2001, many immigrants and international students have experienced heightened scrutiny and outright discrimination. Racial profiling refers to the reliance by law enforcement officers on a person's ethnicity,…

OBSTRUCTION OF THE EXERCISE OF ELECTORAL RIGHTS

Directory of Open Access Journals (Sweden)

MIRCEA CONSTANTIN SINESCU

2012-05-01

Full Text Available Throughout the present study, we analyze the crime of obstruction of the exercise of electoral rights, as it is presented in the New Criminal Code, in comparison with the current regulation within the specific election laws. Taking into consideration the fact that the election crimes have been inserted as a separate title (section in the New Criminal Code, we need to highlight the vision of the legislator regarding these crimes. Furthermore, this study consists of a synthetic analysis of the constitutive elements of the mentioned crime, as reconfigured in the form provided by art.385 of the New Criminal Code. We consider that examining this crime is a necessity, because of the lack of Court decisions in this area of practice - probably due to the gaps in the legislation preceding the Criminal Code that is to be enforced in the near future.

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.

Assessment of the accessibility legislation in Spain and its effective application

Directory of Open Access Journals (Sweden)

Jesús Hernández-Galán

2014-10-01

Full Text Available The existence of legislation on accessibility does not always imply it is enforced effectively. This article aims to answer the following question: Is the existence of accessibility legislation enough to make physical environments truly accessible?This study assesses the current Spanish legislation as well as any existing voluntary regulations in the country. This assessment is done chronologically, so as to show the historical evolution of the accessibility regulations in Spain.In order to determine whether accessibility legislation has been truly effectively enforced, the issue is studied as it affects Spanish municipalities with respect to urban planning, public buildings, public transportation and websites. The conclusion of this study is that the existence of accessibility legislation per se is not enough to ensure its practical application, and ultimately, to render physical environments, products and services accessible to the majority of the population regardless of their functional capabilities.

Issues of biomedically assisted fertilization before the European Court of Human Rights

Directory of Open Access Journals (Sweden)

Bordaš Bernadet

2011-01-01

Full Text Available The development of biomedicine has led to the birth of the first test-tube baby in 1978, and that event gave enormous impetus for further development of biomedically assisted fertilization, but also for the development of supporting legislation. Biomedically assisted fertilization and its application raises sensitive social and moral issues, so states retain their sovereign rights in this area and enact rules and regulations that reflect their national legislative policy. Comparative studies across Europe show that national legal acts are in force in many countries, but differences exist and states persist on them. Legal regulation of biomedically assisted fertilization provides legal security for individuals who are subjected to it, making easier the legal protection in cases where individual rights are violated. This paper presents two recent judgments of the European Court of Human Rights, the subject matter of which are issues of biomedically assisted fertilization, where legal remedy is sought under Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Both judgments are in favor of the states against which complaints are filed by individuals: the Court ruled that national regulations have not violated the right to respect for the individual's private life.

Behavioral Response to Plastic Bag Legislation in Botswana

OpenAIRE

Dikgang, Johane; Visser, Martine

2010-01-01

This paper investigates the use of charges and standards in dealing with a common externality, plastic litter from shopping bags in Botswana. The country passed a plastic bag tax (effective 2007) to curb the plastic bag demand. Interestingly, the legislation did not force retailers to charge for plastic bags, which they did voluntarily at different prices. We assessed the environmental effectiveness and efficiency of the plastic bag legislation by analyzing consumers’ sensitivity to the impro...

CDC STATE System Tobacco Legislation - Tax

Data.gov (United States)

U.S. Department of Health & Human Services — 1995-2017. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation-Tax. The STATE System...

CDC STATE System Tobacco Legislation - Tax

Data.gov (United States)

U.S. Department of Health & Human Services — 1995-2018. Centers for Disease Control and Prevention (CDC). State Tobacco Activities Tracking and Evaluation (STATE) System. Legislation-Tax. The STATE System...

Transportation of radioactive materials: the legislative and regulatory information system

International Nuclear Information System (INIS)

Fore, C.S.

1982-03-01

The US Department of Energy is carrying out a national program to assure the safe shipment of radioactive materials. As part of this overall effort, the Hazardous Materials Information Center of Oak Ridge National Laboratory has developed the comprehensive Legislative and Regulatory Information System, which contains information on federal-, state-, and local-level legislative and regulatory actions pertaining primarily to the shipment of radioactive materials. Specific subject areas chosen to highlight particular transportation restrictions include: (1) identification of state agency responsible for regulating transportation, (2) type of escorts required, (3) areas requiring prior notification, (4) areas requiring permits or licenses, and (5) areas totally banning transportation of all radioactive materials. Other legislative information being categorized and of immediate relevance to the transportation issues is covered under the areas of disposal, storage, and management of radioactive materials; establishment of additional regulations; emergency response regulations; moratoriums on power plant construction and siting; radiation safety and control studies; and remedial action studies. The collected information is abstracted, indexed, and input into one of the two data bases developed under this information system - Current Legislation Data Base and Historical Legislation Data Base. An appendix is included which provides a summary of the state and local laws affecting the transportation of radioactive materials throughout the United States. The Legislative and Regulatory Information System is supported by the Transportation Technology Center located at Sandia National Laboratories, Albuquerque, New Mexico

Transportation of radioactive materials: the legislative and regulatory information system

Energy Technology Data Exchange (ETDEWEB)

Fore, C.S.

1982-03-01

The US Department of Energy is carrying out a national program to assure the safe shipment of radioactive materials. As part of this overall effort, the Hazardous Materials Information Center of Oak Ridge National Laboratory has developed the comprehensive Legislative and Regulatory Information System, which contains information on federal-, state-, and local-level legislative and regulatory actions pertaining primarily to the shipment of radioactive materials. Specific subject areas chosen to highlight particular transportation restrictions include: (1) identification of state agency responsible for regulating transportation, (2) type of escorts required, (3) areas requiring prior notification, (4) areas requiring permits or licenses, and (5) areas totally banning transportation of all radioactive materials. Other legislative information being categorized and of immediate relevance to the transportation issues is covered under the areas of disposal, storage, and management of radioactive materials; establishment of additional regulations; emergency response regulations; moratoriums on power plant construction and siting; radiation safety and control studies; and remedial action studies. The collected information is abstracted, indexed, and input into one of the two data bases developed under this information system - Current Legislation Data Base and Historical Legislation Data Base. An appendix is included which provides a summary of the state and local laws affecting the transportation of radioactive materials throughout the United States. The Legislative and Regulatory Information System is supported by the Transportation Technology Center located at Sandia National Laboratories, Albuquerque, New Mexico.

Compliance with smoke-free legislation and smoking behaviour: observational field study from Punjab, India.

Science.gov (United States)

Goel, Sonu; Sharma, Deepak; Gupta, Rakesh; Mahajan, Vini

2017-08-10

Indian smoke-free legislation requires prohibition of smoking at public places and owners of public places to display 'no smoking' signages. The study aims to assess the compliance of public places with smoke-free legislation and determine the factors associated with active smoking in public places. This was a cross-sectional analytic observational quantitative survey conducted by a team of trained field investigators using a structured observational checklist across 6875 public places in Punjab state of India. The study was carried out over a period of 3 years. A total of 6875 public places across 22 districts of Punjab were observed. The overall compliance to smoke-free law in Punjab was 83.8%. The highest overall compliance was observed in healthcare facilities (89.6%) and least in transit stations (78.8%). Less active smoking was observed in public places where display of 'no smoking' signage compliant with smoke-free law of India was present (adjusted OR 0.6). Further, there was a positive association between active smoking and places where the owner of public places smoked (OR 5.2, CI 2.5 to 11.1). More than 80% of the public places in a jurisdiction in north India were compliant with the smoke-free legislation of India. 'No smoking' signages displayed as per legislation have an effect on curbing smoking behaviours at public places. It is recommended that policymakers should focus more on implementing the smoke-free law at transit sites and structured training sessions should be organised for owners of workplaces. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2017. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

Supporting students with disabilities--promoting understanding amongst mentors in practice.

Science.gov (United States)

Tee, Stephen; Cowen, Michelle

2012-01-01

Good practice demands a clinical practice culture positively disposed to students with disabilities. Equality legislation seeks to protect those with a disability from either direct or indirect discrimination. The balance between providing "reasonable adjustments" for the student, whilst ensuring "Fitness to Practice", and ultimate employability, requires a close partnership between higher education and practice mentors. This paper reports on the development and evaluation of a range of interactive resources, used in the preparation of mentors to help them address the specific learning needs of disabled students. The evaluation revealed the benefit of student 'stories' in helping mentors to understand the support needs of disabled students and ensure reasonable adjustments are implemented in compliance with disability legislation. The interactive resources have been helpful in promoting positive action towards disabled students' learning, empathic understanding of mental health issues and knowledge and skills acquisition in support of dyslexic students. Implementing reasonable adjustments in practice requires a close working partnership between HEI's and mentors who appreciate support in understanding the development and application of coping strategies to overcome disabilities. Effective preparation of mentors is essential to ensure that opportunities for disabled students to succeed are maximised. Copyright © 2011. Published by Elsevier Ltd.

Information Privacy: Culture, Legislation and User Attitudes

Directory of Open Access Journals (Sweden)

Sophie Cockcroft

2006-11-01

Full Text Available Information privacy has received much public and research interest in recent years. Globally this has arisen from public anxiety following the September 11 attacks and within Australia a progressive tightening of privacy legislation in particular the privacy amendment (private sector Act of 2000 which became operative in 2001. This paper presents the results of a study into attitudes towards information privacy. Based on an instrument developed and validated by Smith et al (1996a this study sets out to measure individual concerns regarding organisational use of information along four dimensions: collection, errors, unauthorised secondary use, and improper access. The survey was completed by 67 undergraduate and postgraduate students enrolled in an e-commerce security subject at the University of Queensland. Comparisons are drawn between the results of this study and an identical one carried out at the University of North Alabama. Whilst it is too early to draw conclusions about the impact of these attitudes on the success of e-commerce in general, the results should be of interest to those within universities seeking to expand the use of networking technologies for handling sensitive information such as enrolment and fee processing (Vanscoy & Oakleaf 2003

Acceptance and concern - the rights to participation laid down by law are insufficient

International Nuclear Information System (INIS)

Wilhelm, H.

1986-01-01

The current splitting of responsibility, between the legislating body for the issuing of nuclear legislation and the laender authorities for the granting of individual licences, is viewed as presenting no problems. By shifting the original jurisdiction, the paper claims, the rights to participation, restricted under the atomic energy law anyway, are further restrained. Therefore, the licensing procedure under the atomic energy law should at least be treated as equivalent to the other administrative procedures. Acceptance by the population in the area concerned is a cogent necessity. (DG) [de

The Emerging Legislative Role in Education

Science.gov (United States)

Rosenthal, Alan

1977-01-01

Changes in the capacity, internal distribution of power, habits of work, and composition of state legislators have increased their involvement and assertiveness in educational policy formation, oversight, and control. (Author/MLF)

The Right to Education in Protracted Conflict: Teachers' Experiences in Non-Formal Education in Colombia

Science.gov (United States)

Vega, Laura; Bajaj, Monisha

2016-01-01

The challenges of ensuring the right to education are numerous, especially when working with marginalised populations in fragile contexts. Despite having the legislation, strong constitutional support, and even educational innovations designed to guarantee the right to education, a major gap exists in Colombia between political intentions and the…

Re-enactment of power economy legislation failed

International Nuclear Information System (INIS)

Heller, W.

2002-01-01

Comment on the failed vote in the German Federal Parliament about the re-enactment of power economy legislation. The amendments were mainly intended to translate into national law the EU Single Market Directive of June 22, 1998 about common regulations of the gas market. The legislative process had included a mediation procedure between the two chambers of parliament, i.e. the Bundestag and the Bundesrat, had been rejected once more by the Bundesrat, and was to have been adopted by an absolute majority vote of the Bundestag, the so-called Chancellor's majority, still in this parliamentary term. (orig.)

And Affirmative Speeches Shall "Not" Serve as Legislative Intent!

Science.gov (United States)

Benoit, William L.; Follert, Vincent F.

Legislative intent as a debate tactic is drawn from the judicial system as a fundamental concept in the interpretation of statutes. Two paradigms for the application of legislative intent have emerged: (1) the courts will examine the affirmative proposal after enactment to bring it into line with the intent of the affirmative team, and (2) the…

Attending National Library Legislative Day: Why Is It Important?

Science.gov (United States)

Young, Robyn

2009-01-01

Prior to this year, the National Library Legislative Day never really held much importance for the author as a school library media specialist. However, this feeling changed after she attended her first National Library Legislative Day in May of 2008. The goal of this day is to allow everyday practicing professionals to speak with their national…

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.

Litigation as TB Rights Advocacy

Science.gov (United States)

2016-01-01

Abstract One thousand people die every day in India as a result of TB, a preventable and treatable disease, even though the Constitution of India, government schemes, and international law guarantee available, accessible, acceptable, quality health care. Failure to address the spread of TB and to provide quality treatment to all affected populations constitutes a public health and human rights emergency that demands action and accountability. As part of a broader strategy, health activists in India employ Public Interest Litigation (PIL) to hold the state accountable for rights violations and to demand new legislation, standards for patient care, accountability for under-spending, improvements in services at individual facilities, and access to government entitlements in marginalized communities. Taking inspiration from right to health PIL cases (PILs), lawyers in a New Delhi-based rights organization used desk research, fact-findings, and the Right To Information Act to build a TB PIL for the Delhi High Court, Sanjai Sharma v. NCT of Delhi and Others (2015). The case argues that inadequate implementation of government TB schemes violates the Constitutional rights to life, health, food, and equality. Although PILs face substantial challenges, this paper concludes that litigation can be a crucial advocacy and accountability tool for people living with TB and their allies. PMID:27781000

What's the law got to do with it? Legislation regarding in-vehicle technology use and its impact on driver distraction.

Science.gov (United States)

Parnell, Katie J; Stanton, Neville A; Plant, Katherine L

2017-03-01

Legislation in the road transport domain aims to control safety on the roads. Despite this, a critical issue affecting road safety is that of driver distraction. Although poorly defined, distraction is a significant road safety issue which, in part, is caused by the prevalence of technology within vehicles. Legislation surrounding the use of in-vehicle technologies are explored in this paper from a socio-technical system perspective. This reveals the wider context of the road transport system operating under the current laws using an Accimap analysis. A distinction in the law between the use of hand-held mobile phones, a device that is typically banned for use by drivers worldwide, and the use of other technological devices that are covered by more general laws against 'careless' and/or 'dangerous' driving was found. Historically, individual drivers' have been blamed for distraction, whereas the systems approach shows how current legislation may have created the conditions necessary for driver distraction. Copyright © 2016 Elsevier Ltd. All rights reserved.

Federal legislative and regulatory incentives and disincentives for industrial waste reduction

International Nuclear Information System (INIS)

Cordes, R.; Nixon, J.

1991-10-01

The Office of Industrial Technologies (OIT) within the US DOE has recently initiated the Industrial Waste Reduction Program, which is designed to reduce industrial energy use and pollution by reducing the amount of waste materials generated. The Program's primary focus is to develop and commercialize waste reduction technologies and practices in conjunction with industrial partners. OIT recognizes that adoption of these technologies is often inhibited by an assortment of institutional barriers that are unrelated to technical or economic performance. Therefore, OIT is examining selected barriers to industrial waste reduction to help identify and remove impediments to wider technology implementation. This report examines the incentives and disincentives to industrial waste reduction that are provided in an assortment of legislation and regulations. The intent is to shed light on how our environmental laws affect industry's implementation of waste reduction, what particular problems exist with current legislation/regulations, and what general options are available for correcting any deficiencies. Our study was confined strictly to federal legislation and regulations. During the course of the study, (March and May 1991), we examined 16 pieces of existing legislation and their attendant regulations plus 22 pieces of proposed legislation. In addition, the authors consulted representatives from industry and from the government agencies administering or sponsoring the legislation. The Resource Conservation and Recovery Act (RCRA) is by far the most comprehensive and dominant piece of legislation affecting solid waste disposal. This is because RCRA, which governs, the management of both nonhazardous and hazardous waste, places the most restrictive requirements on industry. Other important pieces of legislation that exert a direct influence on waste reduction per se include the Clean Air Act and the Pollution Prevention Act. 90 refs., 12 tabs

Books Right Here Right Now at the University of Manchester Library

Directory of Open Access Journals (Sweden)

Sarah Rayner

2016-07-01

Full Text Available Books Right Here Right Now is a strategic project to radically change core text provision at the University of Manchester. In order to investigate new models for electronic textbook delivery, the project team are running a series of e-textbook pilots, providing textbooks directly to our students via the virtual learning environment. This paper focuses on how usage data and the views of our students and academic staff are underpinning the project in terms of acquisition models, negotiations with publishers and providing a new product to our students. Having detailed the project findings, the article concludes with the authors’ thoughts on the changing environment of the e-textbook market and the various issues within the existing models of e-textbook provision, giving recommendations as to how academic libraries and publishers can help to shape a sustainable model for the UK.

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

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?

Impact of ARPANS-like legislation on minerals industry in Australia - the TENORM issue

International Nuclear Information System (INIS)

Koperski, J.

2001-01-01

Processing of minerals results in increased concentrations of the naturally occurring radioactive materials (NORM) in mineral products and/or process wastes, relative to those in the source materials. Due to the current legislative trends this technologically enhanced naturally occurring radioactive material (TENORM) phenomenon may bring mineral processing practices, including disposal of NORM-elevated wastes, into the realm of regulatory concern for practically all mineral-processing operations in Australia. The 1999 Australian Radiation Protection and Nuclear Safety (ARPANS) legislation has been based on the 1996 International Basic Safety Standards (BSS) recommended by the International Atomic Energy Agency (IAEA). As such, it contains very restrictive exemption criteria from the provisions of the legislation. ARPANS legislation is only binding upon Commonwealth entities. They, incidentally, do not include minerals industry operations. This legislation has been incompatible with the nature of the minerals industry. However, the current legislative developments have been aimed at imposing this legislation onto States and Territories. If this happens, and the current ARPANS legislative exemption criteria are not rationalised, major radiation safety-related operational and administrative impacts on the Australian minerals industry will occur. They will result in a marked burden to the national economy for yet to be clearly identified health and safety benefits. It is thus recommended that, without compromising rational radiation protection principles and practices, legislation commensurate with the nature of the minerals industry operations, national and state circumstances, conditions and interests be adopted in Australia. Such legislation would follow the spirit of the IAEA 1996 recommendations. Copyright (2001) Australasian Radiation Protection Society Inc

Achieving all-age helmet use compliance for snow sports: strategic use of education, legislation and enforcement.

Science.gov (United States)

Fenerty, Lynne; Heatley, Jennifer; Young, Julian; Thibault-Halman, Ginette; Kureshi, Nelofar; Bruce, Beth S; Walling, Simon; Clarke, David B

2016-06-01

Nova Scotia is the first jurisdiction in the world to mandate ski and snowboard helmet use for all ages at ski hills in the province. This study represents a longitudinal examination of the effects of social marketing, educational campaigns and the introduction of helmet legislation on all-age snow sport helmet use in Nova Scotia. A baseline observational study was conducted to establish the threshold of ski and snowboarding helmet use. Based on focus groups and interviews, a social marketing campaign was designed and implemented to address factors influencing helmet use. A prelegislation observational study assessed the effects of social marketing and educational promotion on helmet use. After all-age snow sport helmet legislation was enacted and enforced, a postlegislation observational study was conducted to determine helmet use prevalence. Baseline data revealed that 74% of skiers and snowboarders were using helmets, of which 80% were females and 70% were males. Helmet use was high in children (96%), but decreased with increasing age. Following educational and social marketing campaigns, overall helmet use increased to 90%. After helmet legislation was enacted, 100% compliance was observed at ski hills in Nova Scotia. Results from this study demonstrate that a multifaceted approach, including education, legislation and enforcement, was effective in achieving full helmet compliance among all ages of skiers and snowboarders. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

Violation of the Right to the Peaceful Enjoyment of Possessions Laid Down in the Convention

Directory of Open Access Journals (Sweden)

Dragan Elijaš

2015-01-01

Full Text Available The authors of this paper provide an overview of the creation and development of tenancy rights, and of the domestic legislation dealing with tenancy rights, as well as legislation that was used to reform tenancy relations. They mention the significance of the enactment of the Lease of Flats Act, when tenancy rights were withdrawn from persons who were entitled to that right pursuant to earlier legislation, and consequently, they became lessees (tenants by force of law (generally, protected lessees. The authors recall that issues related to the transformation of tenancy rights into ownership of flats and to the numerous court cases that followed from this matter have not yet become either general, or court, history. The authors cite the positions and case law of the Constitutional Court of the Republic of Croatia, and of the European Court of Human Rights (ECtHR. They stress in particular the ECtHR judgment Statileo v. Croatia, where the ECtHR took into consideration the fact that the Croatian authorities during the transition were faced with the difficult task of striking a balance between the right of the lessor and that of protected lessees who had lived in the flats for a long time, and concluded that in the given case there was no fair distribution of the social and financial burden resulting from the reform of the housing sector. Rather, the ECtHR held that a disproportionate and excessive individual burden was placed on the applicant as landlord, as he was required to bear most of the social and financial costs of providing housing for the protected lessee and her family, due to which the ECtHR found a violation of Article 1 of Protocol no. 1.

Meeting the Needs of Students with Dyslexia and Dyscalculia

Science.gov (United States)

Witzel, Bradley; Mize, Minnie

2018-01-01

Understanding dyslexia and dyscalculia is not only important to helping students achieve, it has also been recently legislated in one southeastern state. The purpose of the North Carolina House Bill 149 is to ensure that students identified with learning disabilities, including dyslexia and dyscalculia, receive the appropriate assessment and…

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...

Enabling legislation and regulatory determinations for a nuclear power programme

International Nuclear Information System (INIS)

Ha-Vinh, Phuong

1975-01-01

Broad definition of the scope of enabling legislation, identification of branches of laws involved in the licensing and regulatory control, overview of some typical licensing practices and provisions, some specific legislative or regulatory requirements including financial security to over nuclear liability. (HP) [de

Cardiopulmonary Resuscitation Training in Schools Following 8 Years of Mandating Legislation in Denmark: A Nationwide Survey.

Science.gov (United States)

Malta Hansen, Carolina; Zinckernagel, Line; Ersbøll, Annette Kjær; Tjørnhøj-Thomsen, Tine; Wissenberg, Mads; Lippert, Freddy Knudsen; Weeke, Peter; Gislason, Gunnar Hilmar; Køber, Lars; Torp-Pedersen, Christian; Folke, Fredrik

2017-03-14

School cardiopulmonary resuscitation (CPR) training has become mandatory in many countries, but whether legislation has translated into implementation of CPR training is largely unknown. We assessed CPR training of students following 8 years of legislative mandates in Denmark. A nationwide cross-sectional survey of Danish school leadership (n=1240) and ninth-grade homeroom teachers (n=1381) was carried out for school year 2013-2014. Qualitative interviews and the Theory of Planned Behavior were used to construct the survey. Logistic regression models were employed to identify factors associated with completed CPR training. Information from 63.1% of eligible schools was collected: 49.3% (n=611) of leadership and 48.2% (n=665) of teachers responded. According to teachers, 28.4% (95% CI 25.0% to 32.0%) and 10.3% (95% CI 8.1% to 12.8%) of eligible classes had completed CPR and automated external defibrillator training, respectively. Among leadership, 60.2% (95% CI 56.2% to 64.1%) reported CPR training had occurred during the 3 years prior to the survey. Factors associated with completed CPR training included believing other schools were conducting training (odds ratio [OR] 9.68 [95% CI 4.65-20.1]), awareness of mandating legislation (OR 4.19 [95% CI 2.65-6.62]), presence of a school CPR training coordinator (OR 3.01 [95% CI 1.84-4.92]), teacher feeling competent to conduct training (OR 2.78 [95% CI 1.74-4.45]), and having easy access to training material (OR 2.08 [95% CI 1.57-2.76]). Despite mandating legislation, school CPR training has not been successfully implemented. Completed CPR training was associated with believing other schools were conducting training, awareness of mandating legislation, presence of a school CPR training coordinator, teachers teacher feeling competent to conduct training, and having easy access to training material. Facilitating these factors may increase rates of school CPR training. © 2017 The Authors. Published on behalf of the

Shareholders' Fundamental Rights in Listed Companies

DEFF Research Database (Denmark)

Werlauff, Erik

2017-01-01

There can be no reasonable doubt that the EU’s initiatives in the field of shareholders’ fundamental rights in listed companies are among the successful, relevant and necessary provisions under EU corporate and stock exchange law. This also holds true for the main Directive 2007/36. When consider......There can be no reasonable doubt that the EU’s initiatives in the field of shareholders’ fundamental rights in listed companies are among the successful, relevant and necessary provisions under EU corporate and stock exchange law. This also holds true for the main Directive 2007/36. When...... considering the whole spirit and idea of the EU and its competences, the field of basic shareholders’ rights, including cross-border shareholding, is to be regarded as a welcome initiative that has facilitated the exercise of fundamental rights also in cross-border shareholding. The success is further...... emphasized by the fact that some countries, including Denmark, have regarded a number of the fundamental rights vested in the directive as being so well formulated that the countries have chosen to gold-plate their own legislation by introducing rights which are similar to those in the directive also for non...

Health Policy, Ethics, and the Kansas Legislative Health Academy

Science.gov (United States)

Maree, Gina; Schrandt, Suzanne; Soderquist, Chris; Steffensmeier, Tim; St. Peter, Robert

2015-01-01

We describe a unique program, the Kansas Legislative Health Academy, that brings together state legislators from across the political spectrum to build their capacity in advancing policies that can improve the health of Kansans. To that end, the academy helps legislators develop new skills to deliberate the ethics of health policy, use systems thinking to understand the long- and short-term effects of policy action and inaction, and engage in acts of civic leadership. The academy also seeks to foster an environment of respectful open dialogue and to build new cross-chamber and cross-party relationships. Among the most important outcomes cited by program participants is the value of sustained, personal interaction and problem solving with individuals holding differing political views. PMID:25607945

Health policy, ethics, and the Kansas Legislative Health Academy.

Science.gov (United States)

Blacksher, Erika; Maree, Gina; Schrandt, Suzanne; Soderquist, Chris; Steffensmeier, Tim; St Peter, Robert

2015-03-01

We describe a unique program, the Kansas Legislative Health Academy, that brings together state legislators from across the political spectrum to build their capacity in advancing policies that can improve the health of Kansans. To that end, the academy helps legislators develop new skills to deliberate the ethics of health policy, use systems thinking to understand the long- and short-term effects of policy action and inaction, and engage in acts of civic leadership. The academy also seeks to foster an environment of respectful open dialogue and to build new cross-chamber and cross-party relationships. Among the most important outcomes cited by program participants is the value of sustained, personal interaction and problem solving with individuals holding differing political views.

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

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.

The ABCs of Special Education: A Handbook for Parents = El ABS Sobre Educacion Especial: Un Folleto para los Padres.

Science.gov (United States)

Ewing, Preston E., Jr.; Hinton, Valeska S.

This bilingual handbook is intended to help parents understand their rights under P.L. 94-142, the Education for All Handicapped Children Act. The following topics are addressed: the Act's legislative history, identification of special education, explanation of P.L. 94-142, parents' rights to know, student records, student testing, students'…

Malaysia water services reform: legislative issues

Directory of Open Access Journals (Sweden)

Nabsiah Abdul Wahid

2014-08-01

Full Text Available The latest attempt by the Malaysian government to restructure its water sector has managed to promulgate two important acts, the Suruhanjaya Perkhidmatan Air Negara (SPAN Act (Act 654 and the Water Services Industry Act (WSIA/Act 655; these also complicate the governing of water services and water resources in the country as they affect the sovereignty of a state’s land and water issues. In Malaysia’s federated system of governance, water resources are placed fully within the purview of each State’s government, as stated in the Waters Act 1920 (Revised 1989, while water services are straddled across the purview of both the State and Federal government (Water Supply Enactment 1955. Any reforms will remain problematic unless further analysis is carried out on the available legislation that directly impacts said reform, particularly the Waters Act and Water Supply Enactment. For example, when the Waters Act stipulates “the entire property in and control of all rivers in any State is vested solely in the Ruler of that State”, it is clear that the Federal Government has no authority whatsoever over water resources of any states. The Water Supply Enactment 1955 (adopted by several States further empowers the state’s water supply authorities to supply water to domestic and commercial consumers. Other legislation that has been enacted to govern land and water issues in the country include the Geological Act 1974 on groundwater abstraction and the Environmental Quality Act 1974 (incorporating all amendments up to 1st January 2006 on some aspects of the environmental impact of groundwater abstraction. While these legislations seemed to provide adequate coverage on the governance of groundwater abstraction; treatment, distribution and wastewater management, which form the water supply value chain in the country, are not covered. Similarly, the Sewerage Services Act 1993 covers only wastewater governance issues rather than the whole value chain

Taking Legislators to the Field: Communicating with Policy Makers about Natural Resource Issues

Science.gov (United States)

Sawin, R. S.; Buchanan, R. C.

2006-12-01

Policy makers are among the most important audiences for scientific information. In particular, legislators, legislative staff, governmental agency staff, business leaders, environmental leaders, and others need accurate, objective natural-resource information to make policy decisions. This audience is busy and difficult to reach with technical information. As part of its public outreach program, the Kansas Geological Survey (a division of the University of Kansas) communicates directly with policy makers through an annual field conference. Operated since 1995, the conference presents information by combining field experiences, presentations by experts, and participant interaction. The primary objective is to give policy makers first-hand, unbiased information about the state's natural resource issues. The field conference takes policy makers to locations where natural resources are produced or used, or where there are important environmental issues, introducing them to experts and others who carry out (or are affected by) their decisions. The conference consists of three days of site visits, presentations, hands-on activities, and panel discussions. Participation is by invitation. Participants pay a small fee, but most costs are covered by co-sponsors, usually other state or local agencies, that are recruited to help defray expenses. Participants receive a guidebook before the trip. Travel is by chartered bus; lodging and meals are provided. Conferences have focused on topics (such as energy or water) or regions of the state. The most recent conference focused on cross-boundary issues and included stops in Kansas, Oklahoma, and Missouri. Written, post-conference evaluations are extremely positive. Legislators report that they regularly use conference information and contacts during the law-making process; conference information played a direct role in decisions related to underground natural-gas storage rules, water-rights by-back legislation, and sand and gravel

The Right to Interpretation and Translation in Criminal Proceedings. The Exigencies Imposed by the European Union. National Standards

Directory of Open Access Journals (Sweden)

Mircea DAMASCHIN

2012-08-01

Full Text Available In the present study we have analysed the right to interpretation and translation in criminal proceedings in accordance with the European Union and national regulations in the matter. From this point of view, we took into consideration EU Directives and the Romanian legal framework in criminal procedural matters (norms provided by the Criminal Procedure Code in force and provisions of the new Criminal Procedure Code. We are going to approach the present topic from a legislative perspective and also in relation to special literature in the matter and jurisprudence solutions. In the special literature from Romania, as far as we know, this topic was not studied before, the present study being one of the first attempts to analyse the national legislation comparing it to the European standards in this matter. We are going to separately analyse the right to interpretation and the right to translation in criminal proceedings. As it will be observed, there are relevant differences among the existing procedural rights and the minimum standards from this field, the presentation of this differences representing an aspect of novelty for the researchers, especially from the perspective of the fact that the European standards must be implemented within the national legislation by October 2013.

Improvement of national legislation in alternative resolution of legal disputes area

Directory of Open Access Journals (Sweden)

Ярослав Павлович Любченко

2016-01-01

Full Text Available Problem setting. Current legislation does not adequately regulate using of alternative dispute resolution. The article emphasizes the need for amending existing legislation to ensure its compliance with international standards, its obligations in connection with the signing of the Association Agreement and ensure efficient use of alternative dispute resolution (hereinafter - ADR party relations. Recent research and publications analysis. Problems of alternative dispute resolution were viewed in their works viewed N. Bondarenko-Zelinska, Y. Pritika, O. Spectr, A. Shypilova, V. Yakovleva and others. Paper objective The article goal is to analyze the proposals of the Constitutional Commission in the field of justice, as well as analysis of bills related to ADR, research of problems of legal regulation, which will help optimize procedures and improve the law in general. The paper main body. Realization of economic, political, governmental, legal and other reforms in society lead to a significant strengthening of social and legal tensions, the emergence of a large number of conflicts in the legal field. Traditionally, parties use courts that are organized and funded by the state in order to protect rights and legal interests. However, justice for many obvious advantages has several disadvantages: a large workload of courts, length and complexity of the proceedings, considerable legal costs not properly worked out mechanism of the principle of competition and equality. Conclusions of the research. Problems of alternative dispute resolution in domestic legal literature are mostly synthesis and theoretical. Various alternative forms, procedures, and methods are used by foreign countries, along with the traditional proceedings. They do not replace justice and do not deprive the persons right for judicial protection. Instead, give them a choice between public or non-governmental (private forms of resolving legal disputes, allowing parties to decide which

Legislation and judicial practice on illegitimate children in 19th century Serbia

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Kulauzov Maša

2014-01-01

Full Text Available Legal position of non-marital children according to 19th century Serbian legislature and judicial practice is examined in this paper. Provisions and court decisions on personal rights, property rights and rights of succession of illegitimate children are presented and critically analyzed. Children born out of wedlock were not equal to children born in lawful marriage. Therefore, significance of legalization of illegitimate children regarding improvement of their legal status is accentuated. As non-marital relationships were condemned in patriarchal Serbian 19th century society, illegitimate children were considered a product of sin and family disgrace. Hence, legislative and judicial attempts to protect their interests and improve their legal position are emphasized in this paper. Beside legalization, adoption was also the way to better position of illegitimate children in great extent, as adopted child was granted the status of a child born in lawful marriage. That is a reason why judicial practice concerning adoption, widespread in 19th century Serbia, is scrutinized and critically analyzed in the article.

43 CFR 46.445 - Preparing a legislative environmental impact statement.

Science.gov (United States)

2010-10-01

... IMPLEMENTATION OF THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 Environmental Impact Statements § 46.445 Preparing a legislative environmental impact statement. When required under 40 CFR 1506.8, the Department must ensure that a legislative environmental impact statement is included as a part of the formal...

Page | 133 LEGISLATIVE APPROVAL OF EXECUTIVE ...

African Journals Online (AJOL)

Fr. Ikenga

NAUJILJ 9 (2) 2018. Page | 133 ... Keywords: Executive appointments, Legislative approval, National Assembly, Constitutional duty. 1. ... Representatives is led by a Speaker.6 The election of the leadership of the senate is entirely the affair of.

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.

Advocacy for booster seat legislation in Florida: a lesson in politics and policy formation.

Science.gov (United States)

Haring, R Sterling; Frattaroli, Shannon; Schneider, Eric B; Holland, M Becker; Vernick, Jon S

2015-04-01

MVCs are a major contributor to child injury and death. Infant restraint seats and child booster seats have been shown to reduce the odds of severe injury or death when used correctly. While all states have mandated the use of these restraint systems, the age at which a child can be legally restrained using an adult seat belt varies from state to state. Efforts to strengthen Florida's weak child restraint laws have failed for more than a decade; in the 2014 legislative session, advocates succeeded in raising the state's age requirement from 3 years to 5  years. While many factors contributed to this year's success, some key elements included efficient communication of supporting data, a strong and broad advocacy network and the leveraging of election year political rivalries. Efforts to further strengthen the law will continue into future legislative sessions. 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.

Enforcing consumer rights through ADR at the detriment of consumer law

NARCIS (Netherlands)

Loos, M.B.M.

2016-01-01

Alternative dispute resolution (ADR) is seen by the European legislator as a key instrument for the enforcement of consumer rights. To further ADR, the EU has adopted the ADR Directive, which was to be implemented by the Member States by 9 July 2015. This article shows that the Directive has

Comparative impact of smoke-free legislation on smoking cessation in three European countries

NARCIS (Netherlands)

Nagelhout, G.E.; de Vries, H.; Boudreau, C.; Allwright, S.; McNeill, A.; van den Putte, B.; Fong, G.T.; Willemsen, M.C.

2012-01-01

Background: Little is known about the differential impact of comprehensive and partial smoke-free legislation on smoking cessation. This study aimed to examine the impact of comprehensive smoke-free workplace legislation in Ireland and England, and partial hospitality industry legislation in the

The NOMA track module on nutrition human rights and governance: Part 1 Perceptions held by Master's students

Directory of Open Access Journals (Sweden)

M Marais

2016-11-01

Full Text Available Background. A module on nutrition, human rights and governance was developed and presented jointly by academic institutions in Norway, South Africa and Uganda, under the NOrway MAsters (NOMA programme, for their respective Master’s degree programmes in nutrition. Consisting of three study units, it was presented consecutively in the three countries, with each study unit building on the previous one.Objectives. To document the perceptions of participating students on various aspects of the module, informing future curriculum endeavours.Methods. A mixed methods approach was followed. A module evaluation form completed by students for each study unit was analysed. In-depth telephonic interviews were voice recorded and transcribed. Through an inductive process, emerging themes were used to compile a code list and content analysis of the unstructured data.Results. An overall positive module evaluation by 20 participants (91% response rate can be ascribed to the module content, enlightening study visits, expertise of lecturers and an interactive teaching style. Logistical issues regarding time management and administrative differences among the academic institutions caused some concerns. Students experienced some resistance against qualitative research in natural science faculties. Students benefited from being exposed to different teaching styles and education systems at universities in differentcountries. Constructive alignment of teaching and learning activities could be optimised through involvement and empowerment of all relevant lecturers.Conclusion. Successful implementation of the module not only provides nutrition Master’s students with knowledge to operationalise a human rights-based approach during future interactions in their professional practice, but also serves as an example of the benefits and challenges of interdisciplinary and transnational collaboration in module development.

Trends in trace element emission legislation - an international overview

Energy Technology Data Exchange (ETDEWEB)

Sloss, L.L.

2003-07-01

Emissions of trace elements have decreased for a variety of reasons in many developed countries. However, the application of more successful control strategies in other industry sectors means that coal combustion is still a relatively important source of some trace elements, especially mercury. International and national legislation is increasingly being applied to trace element emissions. International programmes for trace element reduction are generally in the form of voluntary action plans with recommendations and targets for reduction. National legislation in Europe is commonly in the form of emission limits for specific sources. New legislation in the USA may take the form of best available technology or a minimum emission reduction requirement. It is also possible that mercury could be included in multi-pollutant emissions trading schemes. 52 refs., 4 tabs.

Changes in Secondhand Smoke Exposure After Smoke-Free Legislation (Spain, 2006-2011).

Science.gov (United States)

Fernández, Esteve; Fu, Marcela; Pérez-Ríos, Mónica; Schiaffino, Anna; Sureda, Xisca; López, María J

2017-11-01

In 2011, the Spanish partial smoke-free legislation was extended to affect all enclosed settings, including hospitality venues and selected outdoor areas. This study evaluated the change in self-reported exposure to secondhand smoke among the adult, nonsmoking population. Two cross-sectional surveys were conducted on nationally representative samples of the adult (≥18 years) nonsmoking Spanish population. One was conducted in 2006 (6 months after the first ban) and the other in 2011, 6 months after the new ban was implemented. We assessed the prevalence and 95% confidence interval (CI) of self-reported exposure to secondhand smoke in various settings, and the corresponding adjusted prevalence ratios (PR) and 95% CIs. Overall, the self-reported exposure to secondhand smoke fell from 71.9% (95% CI: 70.1%-73.7%) in 2006 to 45.2% (95% CI: 43.1%-47.3%) in 2011 (PR = 0.43; 95% CI: 0.39-0.47). Specifically, self-reported exposure significantly decreased from 29.2% to 12.7% (PR = 0.36; 95% CI: 0.31-0.42) in the home, from 35.0% to 13.0% (PR = 0.40; 95% CI: 0.33-0.49) at work/education venues, from 56.2% to 32.2% (PR = 0.44; 95% CI: 0.39-0.48) during leisure time (mainly hospitality venues, but also venues other than work/education venues and home), and from 40.6% to 12.7% (PR = 0.24; 95% CI: 0.21-0.29) in transportation vehicles/stations. The prevalence of secondhand smoke exposure among nonsmokers decreased after implementation of a comprehensive smoke-free legislation in Spain. In addition to the expected reduction in exposure during leisure time, we observed reductions in settings that were not subject to the new legislation, such as homes, outdoor bus stops, and train stations. Exposure to secondhand smoke in selected outdoor settings may be further reduced by extending smoke-free legislation. © The Author 2017. Published by Oxford University Press on behalf of the Society for Research on Nicotine and Tobacco. All rights reserved. For permissions, please e

Right to Information and Communication between Government and Citizens: Identifying Continuities and Discontinuities in the Practices of Turkey at the 10th Anniversary of the Law on Right to Information

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Tuğba ASRAK HASDEMİR

2016-12-01

Full Text Available The right to information as a form of right to petition is one of the cornerstones in the formation of the modern constitutional state and has important ties with the freedom of thought and expression as well as citizens’ right to ask their administration to be accountable.In Turkey, the practices related with the right to information, as the instrument of making the acts and actions of the government “public”, came to the agenda on the eve of 2000s, became part of the national legislation, and as of 2015, we commemorated its 10th anniversary.In the article, the right to information practices will be analyzed by considering the first ten-year period of the practices in Turkey, and also regarding the worldwide experiences and discussions around the issue. The main aim of the study is to elaborate certain practices of the right to information, regulated in the legislation related with the Right to Information in Turkey, and problems encountered in the application process. Also this article will focus on the applications to the Council of Cassation of Right to Information in Turkey since this Council, like European Ombudsman, is the final authority to review the decisions related with partial or full refusal of the access to the information and documents. The last part of the article is reserved for the evaluations and recommendations on how the practices of right to information contributes to the interaction between citizens and the government and to revive public sphere in the case of Turkey.

LEGISLATIVE ASPECTS CONCERNING THE LEATHER WASTES

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TIMOFTE Claudia Simona

2017-05-01

Full Text Available This paper underlines the current legislation and compliance issues leather waste in different waste groups according to relevant legislation and shows that, although seemingly harmless waste of skin sometimes contain dangerous compounds. As presented risks to human health were some restricted substances in leather. Since 2001 Romania had preoccupation in national legislation on waste management, but some categories, such as leather waste are not framed to this category. Also, another goal is implementing the EU management/storage strategy of industrial waste. Unfortunately, Romania imports huge quantities of used clothing and shoes. Transport, storage and use of them are poor, and many of these are subsequently stored waste by the fact that it is even sometimes improperly discarded. The paper also shows the statistics on waste management in the Bihor County by activity of national economy and by activity of industry at level of CANE REV.2 Section. Analyzing the postings on Internet regarding the sale and purchase of leather wastes in Romania, it was found that there are the following 'categories' of wastes: leather goods, leather from coats, leather from footwear industry, suede, leather, leather resulting from the production of upholstery. It was found that most car buyers use waste leather upholstery. It is recommended that production companies to highlight more transparent their inventory textile and leather waste on types for those interested (including online can access/capitalize them.

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

Science.gov (United States)

Anyanwu, Chika

2018-02-01

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

Game Theory and Educational Policy: Private Education Legislation in China