WorldWideScience

Sample records for rights civil liberties

  1. Civil liberties and nuclear terrorism

    International Nuclear Information System (INIS)

    Goldberg, S.

    1987-01-01

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

  2. 75 FR 39266 - Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties...

    Science.gov (United States)

    2010-07-08

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

  3. 75 FR 38824 - Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties...

    Science.gov (United States)

    2010-07-06

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

  4. Homeland Security and Civil Liberties

    National Research Council Canada - National Science Library

    Wong, Leonard; Lovelace, Douglas C., Jr

    2004-01-01

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

  5. Librarians, Civil Liberties and Privacy.

    Science.gov (United States)

    Fielding, Derek

    1978-01-01

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

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

    Science.gov (United States)

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

    2015-01-01

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

  7. Policing plutonium: the civil liberties fallout

    International Nuclear Information System (INIS)

    Ayres, R.W.

    1975-01-01

    The most significant social cost of plutonium may be the legal problem of adjusting public safety with individual civil liberties. Safeguards to keep plutonium from criminals and terrorists will require a sacrifice of personal liberties and basic changes in the legal framework. Individuals will be denied many of the rights of privacy, expression, and association they have taken for granted. There will be a division between people associated with the nuclear industry and those outside it. Protective measures could result in a general feeling of suspicion, persecution, and distrust. If an incident should occur, the public would be caught between the perpetrators and the government, with search and seizure conditions similar to a civil war. Significant reduction of energy consumption should be imposed and all other sources of energy fully exploited or proven unworkable before undertaking a program with such consequences

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

    Directory of Open Access Journals (Sweden)

    Speriusi-Vlad Alin

    2014-07-01

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

  9. Conflict between civil liberties and nuclear energy safeguards: an analysis of current and prospective Federal regulation

    International Nuclear Information System (INIS)

    O'Brien, J.N.

    1977-01-01

    The high regard that the U.S. has traditionally placed on individual rights and liberties makes it imperative that nuclear-safeguards measures currently in use or suggested by evaluated in terms of their social costs. A nuclear-safeguards strategy that minimizes civil-liberties impacts as a social cost and allows adequate protection against the threats of nuclear theft and sabotage in the rapidly developing nuclear energy industry must be arrived at. This study explores the possible civil-liberties impacts and the effectiveness of nuclear-safeguards measures which may be or are being used. Case law and statutory law are extensively analyzed to classify the type of civil-liberties impacts that particular nuclear-safeguards measures may impose. Literature addressing the effectiveness of safeguards measures is examined in various contexts often completely outside of the ''security'' disciplines. A comparison of both the civil liberties impact and effectiveness of each nuclear safeguards measure reveals a cost/benefit factor from which conclusions may be drawn. The real issue is whether or not a nuclear safeguards system will interfere with historic respect governmental institutions have given rights and liberties guaranteed in the U.S. It is concluded that physical access controls present only minor civil liberties costs while providing substantial protection against theft and sabotage. Recommendations are made in the form of suggested statutes, regulations, and regulatory guides. Certain inter-agency relationships and methods for establishing those relationships are also suggested

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

    Science.gov (United States)

    Helwig, C C

    1995-02-01

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

  11. 'Greater good' versus civil liberties in the United States: Tuberculosis and Seattle's Firland Sanatorium.

    Science.gov (United States)

    Blackburn, Christine Crudo

    2017-11-01

    As far back as the late 1700s, peoples in the United States were developing ways to control infectious disease without infringing on Constitutional rights. Despite acknowledgement that an infected person has certain civil liberties, the history of public health law shows that, in many instances, infectious disease isolation and quarantine proved to be scientifically questionable at best. I examine an historical example of such questionable relationship between public health and civil liberties: the locked ward at Firland Sanatorium in Seattle, Washington. Mandatory quarantine at Firland began in the late 1940s and lasted until the facility closed in the early 1970s. Can examining this history enhance understanding of the relationship between "the greater good" and an individual's civil liberties?

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

    Directory of Open Access Journals (Sweden)

    Doris Koliqi Malaj

    2018-03-01

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

  13. Eliminating mental disability as a legal criterion in deprivation of liberty cases: The impact of the Convention on the Rights of Persons With Disabilities on the insanity defense, civil commitment, and competency law.

    Science.gov (United States)

    Slobogin, Christopher

    2015-01-01

    A number of laws that are associated with deprivations of liberty, including the insanity defense, civil commitment, guardianship of the person and numerous competency doctrines in the criminal context, require proof of mental disability as a predicate. The Convention on the Rights of Persons With Disabilities commands signatory states to eliminate that predicate. Summarizing principles set out in my book Minding Justice: Laws That Deprive People With Mental Disability of Life and Liberty, I explain how this seemingly radical stance can be implemented. Specifically, this article proposes adoption of an "integrationist defense" in the criminal context, an "undeterrability requirement" when the state seeks preventive detention outside of the criminal process, and a "basic rationality and self-regard test" for incompetency determinations. None of these proposals requires proof of a mental disorder as a predicate condition. Copyright © 2015 Elsevier Ltd. All rights reserved.

  14. Explaining Post-Communist Respect for Civil Liberty: A Multi-Methods Test

    DEFF Research Database (Denmark)

    Skaaning, Svend Erik

    2007-01-01

    This article explains the level of respect for civil liberty in post-communist countries. The methodological triangulation employs both QCA methods and OLS-regression to test the influence of structural conditions, the democratization literature emphasizes. The results show that the political leg...... the results of the methods applied diverge. Expect a lack of congruence given their different assumptions and logics. As to the QCA methods in specific, they are apparently valuable supplements, and at times even plausible alternatives, to standard statistical tests....

  15. Support for Homosexuals' Civil Liberties: The Influence of Familial Gender Role Attitudes across Religious Denominations

    Science.gov (United States)

    Kenneavy, Kristin

    2012-01-01

    Religious denominations vary in both their approach to the roles that men and women play in familial contexts, as well as their approach to homosexuality. This research investigates whether gender attitudes, informed by religious tradition, predict a person's support for civil liberties extended to gays and lesbians. Using data from the 1996 and…

  16. The Struggle Between Liberties and Authorities in the Information Age.

    Science.gov (United States)

    Taddeo, Mariarosaria

    2015-10-01

    The "struggle between liberties and authorities", as described by Mill, refers to the tension between individual rights and the rules restricting them that are imposed by public authorities exerting their power over civil society. In this paper I argue that contemporary information societies are experiencing a new form of such a struggle, which now involves liberties and authorities in the cyber-sphere and, more specifically, refers to the tension between cyber-security measures and individual liberties. Ethicists, political philosophers and political scientists have long debated how to strike an ethically sound balance between security measures and individual rights. I argue that such a balance can only be reached once individual rights are clearly defined, and that such a definition cannot prescind from an analysis of individual well-being in the information age. Hence, I propose an analysis of individual well-being which rests on the capability approach, and I then identify a set of rights that individuals should claim for themselves. Finally, I consider a criterion for balancing the proposed set of individual rights with cyber-security measures in the information age.

  17. Access to abortion and secular liberties

    Directory of Open Access Journals (Sweden)

    Roberto Arriada Lorea

    2007-01-01

    Full Text Available In Brazil, facing an issue like abortion requires a secular perspective since the freedom of conscience assured by the Federal Constitution places upon the State the need to regard not only different viewpoints of different religions, but more specifically assure the right to diversity existing within a same religion, as well as the right to exercise different views from those of the hierarchy of his/her own religion. As such, there is no legal barrier for the decriminalization of abortion in the country. It is up to legislators to reform the present law and decriminalize abortion, assuming the commitments Brazil has assumed with international human-rights organizations, thus assuring the efficacy of civil liberties.

  18. 28 CFR 31.202 - Civil rights.

    Science.gov (United States)

    2010-07-01

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

  19. Human Rights in Sino-American Relations

    National Research Council Canada - National Science Library

    Day, Jana

    2002-01-01

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

  20. 14 CFR 1274.924 - Civil rights.

    Science.gov (United States)

    2010-01-01

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

  1. Reproductive Liberty and Overpopulation

    OpenAIRE

    Carol A. Kates

    2004-01-01

    Despite substantial evidence pointing to a looming Malthusian catastrophe, governmental measures to reduce population have been opposed both by religious conservatives and by many liberals, especially liberal feminists. Liberal critics have claimed that 'utilitarian' population policies violate a 'fundamental right of reproductive liberty'. This essay argues that reproductive liberty should not be considered a fundamental human right, or certainly not an indefeasible right. It should, instead...

  2. High technology and civil rights

    International Nuclear Information System (INIS)

    Lerche, P.

    1982-01-01

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

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

    Science.gov (United States)

    Crowson, H Michael; DeBacker, Teresa K

    2008-06-01

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

  4. Psychedelics and cognitive liberty: Reimagining drug policy through the prism of human rights.

    Science.gov (United States)

    Walsh, Charlotte

    2016-03-01

    This paper reimagines drug policy--specifically psychedelic drug policy--through the prism of human rights. Challenges to the incumbent prohibitionist paradigm that have been brought from this perspective to date--namely by calling for exemptions from criminalisation on therapeutic or religious grounds--are considered, before the assertion is made that there is a need to go beyond such reified constructs, calling for an end to psychedelic drug prohibitions on the basis of the more fundamental right to cognitive liberty. This central concept is explicated, asserted as being a crucial component of freedom of thought, as enshrined within Article 9 of the European Convention on Human Rights (ECHR). It is argued that the right to cognitive liberty is routinely breached by the existence of the system of drug prohibition in the United Kingdom (UK), as encoded within the Misuse of Drugs Act 1971 (MDA). On this basis, it is proposed that Article 9 could be wielded to challenge the prohibitive system in the courts. This legal argument is supported by a parallel and entwined argument grounded in the political philosophy of classical liberalism: namely, that the state should only deploy the criminal law where an individual's actions demonstrably run a high risk of causing harm to others. Beyond the courts, it is recommended that this liberal, rights-based approach also inform psychedelic drug policy activism, moving past the current predominant focus on harm reduction, towards a prioritization of benefit maximization. How this might translate in to a different regulatory model for psychedelic drugs, a third way, distinct from the traditional criminal and medical systems of control, is tentatively considered. However, given the dominant political climate in the UK--with its move away from rights and towards a more authoritarian drug policy--the possibility that it is only through underground movements that cognitive liberty will be assured in the foreseeable future is

  5. 7 CFR 761.3 - Civil rights.

    Science.gov (United States)

    2010-01-01

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

  6. 7 CFR 1709.18 - Civil rights.

    Science.gov (United States)

    2010-01-01

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

  7. 50 CFR 401.22 - Civil rights.

    Science.gov (United States)

    2010-10-01

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

  8. 7 CFR 3550.3 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil rights. 3550.3 Section 3550.3 Agriculture... DIRECT SINGLE FAMILY HOUSING LOANS AND GRANTS General § 3550.3 Civil rights. RHS will administer its... amended by Executive Order 12259, as applicable. The civil rights compliance requirements for RHS are in 7...

  9. 30 CFR 881.12 - Civil rights.

    Science.gov (United States)

    2010-07-01

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

  10. 28 CFR 33.52 - Civil rights.

    Science.gov (United States)

    2010-07-01

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

  11. 50 CFR 82.20 - Civil rights.

    Science.gov (United States)

    2010-10-01

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

  12. 13 CFR 302.20 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Civil rights. 302.20 Section 302... TERMS AND CONDITIONS FOR INVESTMENT ASSISTANCE § 302.20 Civil rights. (a) Discrimination is prohibited... 601 of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.) (proscribing...

  13. 30 CFR 880.16 - Civil rights.

    Science.gov (United States)

    2010-07-01

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

  14. 7 CFR 3560.2 - Civil rights.

    Science.gov (United States)

    2010-01-01

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

  15. 28 CFR 65.52 - Civil rights.

    Science.gov (United States)

    2010-07-01

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

  16. 42 CFR 59.209 - Civil rights.

    Science.gov (United States)

    2010-10-01

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

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

    African Journals Online (AJOL)

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

  18. 38 CFR 21.7310 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Civil rights. 21.7310... Bill-Active Duty) Administrative § 21.7310 Civil rights. (a) Delegation of authority concerning Federal... her jurisdiction. See part 18 of this chapter. These equal opportunity laws are: (1) Title VI, Civil...

  19. 7 CFR 250.21 - Civil rights.

    Science.gov (United States)

    2010-01-01

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

  20. Civil rights reference of administrative procedures

    International Nuclear Information System (INIS)

    Held, J.

    1984-01-01

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

  1. 40 CFR 35.925-9 - Civil rights.

    Science.gov (United States)

    2010-07-01

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

  2. Rethinking Some Cultural Practices that Affect the Rights of Women ...

    African Journals Online (AJOL)

    Human Rights have been identified as encompassing and embracing the rights of all humans which are entitled to. These rights, amongst others, include civil and political rights such as the right to life and liberty, dignity, equality before the law and freedom of expression. Others are those of the right to work, the right to ...

  3. Protection of personality rights in civil law

    Directory of Open Access Journals (Sweden)

    Simonović Ivana

    2014-01-01

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

  4. 7 CFR 1735.15 - Civil rights.

    Science.gov (United States)

    2010-01-01

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

  5. 7 CFR 1738.17 - Civil rights.

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    Evans, Barbara J

    2018-01-04

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

  7. 32 CFR 935.21 - Civil rights, powers, and duties.

    Science.gov (United States)

    2010-07-01

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

  8. Protection of civil rights and technological development

    International Nuclear Information System (INIS)

    Wagner, H.

    1985-01-01

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

  9. Protection of civil rights and technological development

    Energy Technology Data Exchange (ETDEWEB)

    Wagner, H

    1985-01-01

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

  10. CIVIL RIGHTS AND MINORITIES.

    Science.gov (United States)

    HARTMAN, PAUL

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

  11. International Covenant on Civil and Political Rights

    Directory of Open Access Journals (Sweden)

    Catalina Mititelu

    2013-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Yezid Carrillo-de la Rosa

    2017-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Karatzas Konstantinos D.

    2016-09-01

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

  14. Privacy-invading technologies : safeguarding privacy, liberty & security in the 21st century

    NARCIS (Netherlands)

    Klitou, Demetrius

    2012-01-01

    With a focus on the growing development and deployment of the latest technologies that threaten privacy, the PhD dissertation argues that the US and UK legal frameworks, in their present form, are inadequate to defend privacy and other civil liberties against the intrusive capabilities of body

  15. The "First Liberty" Summit Report (Williamsburg, Virginia, June 24-25, 1988).

    Science.gov (United States)

    Williamsburg Charter Foundation, Washington, DC.

    The Williamsburg Charter Foundation is a group a leaders from business, academic, political, and religious communities concerned about the importance of the First Amendment's guarantee of religious liberty in public life and about the ability of people to live together in a spirit of civility despite deep religious differences. This document is a…

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

    Science.gov (United States)

    Gallagher, James J.

    2015-01-01

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

  17. On the economics of basic liberties

    NARCIS (Netherlands)

    Weikard, H.P.

    2004-01-01

    The paper discusses the problem of initial assignments of rights. An attempt is made to characterise a system of rights in the spirit of Rawls's first principle of justice according to which society should adopt the most extensive system of equal basic liberties.

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

    Directory of Open Access Journals (Sweden)

    Alex J. Luchenitser

    2016-09-01

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

  19. Hassan v United Kingdom: The Interaction of Human Rights Law and International Humanitarian Law with regard to the Deprivation of Liberty in Armed Conflicts

    Directory of Open Access Journals (Sweden)

    Cedric De Koker

    2015-08-01

    Full Text Available In 'Hassan' v 'United Kingdom', the Grand Chamber of the European Court of Human Rights reviewed the deprivation of liberty of a young male by British armed forces during the phase of active hostilities in Iraq, which had raised issues relating to extraterritoriality, the right to liberty and security in times of armed conflict and the relationship between international humanitarian law (IHL and human rights law (HRL.1 In its judgment of 16 September 2014, the Court ruled that by reason of the co-existence of the safeguards provided by IHL and by the European Convention on Human Rights (ECHR in time of armed conflict, the grounds of permitted deprivation of liberty found in both bodies of law should, as far as possible, be accommodated and applied concomitantly. The greatest merit of the judgment is that for the first time it explicitly offered its view on the interaction between IHL and HRL and did not rely on the lex specialis principle, the traditional but flawed method for explaining the relationship between these spheres of law. However, the judgment is also a missed opportunity as the Court limited its analysis to the case at hand and provided limited guidance for the future, leaving a number of questions unaddressed.

  20. EXERCISE WITH BAD FAITH OF SUBJECTIVE CIVIL RIGHTS

    Directory of Open Access Journals (Sweden)

    NICOLAE GRADINARU

    2012-05-01

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

  1. Political freedom and the response to economic incentives: labor migration in Africa, 1972-1987.

    Science.gov (United States)

    Barkley, A P; Mcmillan, J

    1994-12-01

    This study examines the thesis that political institutions and the freedoms and civil rights generated by these institutions affect migration decisions. The hypothesis is based on one stated by Adam Smith in 1776, that economic conditions that reflect greater political freedoms and civil liberties harbor higher levels of resource mobility in response to economic incentives. Pooled cross-sectional and time-series analysis is based on data from the World Bank for 32 African countries during 1972-87. Findings support the hypothesis that migration rate is more affected by the expected returns ratio to labor in countries where civil liberties are greater than in nations with fewer civil liberties. The implication, from the inclusion of institutional factors in the model, is that civil liberties have an indirect impact on the rate of labor migration out of agriculture in Africa. The impact is a mix of economic incentives and civil liberties. In the political rights model, the most free countries had the largest migration elasticity. The findings on political rights impacts support findings by Friedman and McMillan that civil liberties are a more important determinant of economic growth than political rights. Further testing for measurement error confirmed that the data were flawed, but not so greatly that the basic findings were overturned. The migration out of African agriculture was found to be sensitive to the effect of price signals, which were conditioned by the degree of political rights and civil liberties. Policy makers are urged to consider both changes in pricing and institutions.

  2. Human reproductive cloning: a conflict of liberties.

    Science.gov (United States)

    Havstad, Joyce C

    2010-02-01

    Proponents of human reproductive cloning do not dispute that cloning may lead to violations of clones' right to self-determination, or that these violations could cause psychological harms. But they proceed with their endorsement of human reproductive cloning by dismissing these psychological harms, mainly in two ways. The first tactic is to point out that to commit the genetic fallacy is indeed a mistake; the second is to invoke Parfit's non-identity problem. The argument of this paper is that neither approach succeeds in removing our moral responsibility to consider and to prevent psychological harms to cloned individuals. In fact, the same commitment to personal liberty that generates the right to reproduce by means of cloning also creates the need to limit that right appropriately. Discussion of human reproductive cloning ought to involve a careful and balanced consideration of both the relevant aspects of personal liberty - the parents' right to reproductive freedom and the cloned child's right to self-determination.

  3. The psychology of corporate rights: Perception of corporate versus individual rights to religious liberty, privacy, and free speech.

    Science.gov (United States)

    Mentovich, Avital; Huq, Aziz; Cerf, Moran

    2016-04-01

    The U.S. Supreme Court has increasingly expanded the scope of constitutional rights granted to corporations and other collective entities. Although this tendency receives widespread public and media attention, little empirical research examines how people ascribe rights, commonly thought to belong to natural persons, to corporations. This article explores this issue in 3 studies focusing on different rights (religious liberty, privacy, and free speech). We examined participants' willingness to grant a given right while manipulating the type of entity at stake (from small businesses, to larger corporations, to for-profit and nonprofit companies), and the identity of the right holder (from employees, to owners, to the company itself as a separate entity). We further examined the role of political ideology in perceptions of rights. Results indicated a significant decline in the degree of recognition of entities' rights (the company itself) in comparison to natural persons' rights (owners and employees). Results also demonstrated an effect of the type of entity at stake: Larger, for-profit businesses were less likely to be viewed as rights holders compared with nonprofit entities. Although both tendencies persisted across the ideological spectrum, ideological differences emerged in the relations between corporate and individual rights: these were positively related among conservatives but negatively related among liberals. Finally, we found that the desire to protect citizens (compared with businesses) underlies individuals' willingness to grant rights to companies. These findings show that people (rather than corporations) are more appropriate recipients of rights, and can explain public backlash to judicial expansions of corporate rights. (c) 2016 APA, all rights reserved).

  4. Visions of Liberty.

    Science.gov (United States)

    USA Today, 1985

    1985-01-01

    An exhibition of photographs relating to the Statue of Liberty is currently on display at the New York Historical Society. The exhibition is discussed, and sample photographs are included. Historical background concerning the Statue of Liberty is provided. (RM)

  5. An Analysis of Relation Between Economic Growth and Democratization: An Empiric Application (A Sample of Turkey (Ekonomik Büyüme ve Demokratikleşme Arasındaki İlişkinin Analizi: Ampirik Bir Uygulama (Türkiye Örneği

    Directory of Open Access Journals (Sweden)

    M. Veysel KAYA

    2012-01-01

    Full Text Available The aim of this study is to analyze the relation between democratization and economic growth in Turkey, using time series data from 1980 to 2006. In the scope of this aim, an econometric application was held by using co-integration analyses and causality test in which the civil rights and liberties, politic liberties, and growth of population are added the model as an independent variables, and Gross Domestic Production (GDP as a dependent variable. Results show that there is a long run relationship between civil rights liberties, political liberties, population growth rate and GDP growth rate. It is also found out that there is a unidirectional causality from civil rights and political liberties to GDP growth rate.

  6. 28 CFR 16.90 - Exemption of Civil Rights Division Systems.

    Science.gov (United States)

    2010-07-01

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

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

    Science.gov (United States)

    Cavaiola, Alan A; Dolan, David

    2016-01-01

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

  8. Adam Smith and the objective use of economy as a way to obtain the fundamental right to liberty

    Directory of Open Access Journals (Sweden)

    Luiz Edmundo Celso Borba

    2017-06-01

    Full Text Available The contribution of Adam Smith for liberalism was great, but it is not limited to bringing an insane and unreasonable quest for freedom, as if all the costs were possible for such purpose. Adam Smith brings the birthplace of fundamental rights, to call for the need for recognition of individual liberties, although predicting problems for the exercise of such powers without limits. The idea of the text is to bring the initial outlook for the construction of fundamental rights in an individual prism and after its weighting in a mass spectrum as well as the subsequent discussion which should prevail.

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

    International Nuclear Information System (INIS)

    Narr, W.D.

    1984-01-01

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

  10. After Cologne: male circumcision and the law. Parental right, religious liberty or criminal assault?

    Science.gov (United States)

    Merkel, Reinhard; Putzke, Holm

    2013-07-01

    Non-therapeutic circumcision violates boys' right to bodily integrity as well as to self-determination. There is neither any verifiable medical advantage connected with the intervention nor is it painless nor without significant risks. Possible negative consequences for the psychosexual development of circumcised boys (due to substantial loss of highly erogenous tissue) have not yet been sufficiently explored, but appear to ensue in a significant number of cases. According to standard legal criteria, these considerations would normally entail that the operation be deemed an 'impermissible risk'-neither justifiable on grounds of parental rights nor of religious liberty: as with any other freedom right, these end where another person's body begins. Nevertheless, after a resounding decision by a Cologne district court that non-therapeutic circumcision constitutes bodily assault, the German legislature responded by enacting a new statute expressly designed to permit male circumcision even outside of medical settings. We first criticise the normative foundations upon which such a legal concession seems to rest, and then analyse two major flaws in the new German law which we consider emblematic of the difficulty that any legal attempt to protect medically irrelevant genital cutting is bound to face.

  11. 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.

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

    Directory of Open Access Journals (Sweden)

    A. W.G. Raath

    2009-07-01

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

  13. A Rights-Based Approach to Internet Policy and Governance for the ...

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

    The debate on Internet freedom has intensified over the last few years as governments and civil society organizations explore policies to safeguard online civil liberties and online security. Civil society organizations and academics have noted the growth of online censorship and surveillance. Many have argued for a more ...

  14. Reproductive Liberty and Overpopulation: A Response

    OpenAIRE

    Stanley Warner

    2004-01-01

    This appraisal of Carol A. Kates' 'Reproductive Liberty and Overpopulation' challenges her call for world-wide population control measures - using compulsory methods if necessary - to save the world's environment. The most successful part of Kates' paper is her argument that reproductive rights are not indefeasible and nonnegotiable, but that like many rights, they are conditional and open to a balancing of individual freedom against collective community interests. But her advocacy of mandato...

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

    Science.gov (United States)

    2010-01-01

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

  16. 41 CFR 105-53.130-2 - Office of Ethics and Civil Rights.

    Science.gov (United States)

    2010-07-01

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

  17. GUARANTEES OF THE RIGHT TO A FAIR CIVIL TRIAL

    Directory of Open Access Journals (Sweden)

    Diana-Loredana Jalbă

    2015-11-01

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

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

    Science.gov (United States)

    Chandra, Amitabh; Frakes, Michael; Malani, Anup

    2017-01-01

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

  19. The Consitituion as a Bill of Rights: Separation of Powers and Individual Liberty.

    Science.gov (United States)

    Meese, Edwin, III

    One of the basic principles of the Constitution--the separation of powers--and its contribution to the preservation and perpetuation of individual liberty is discussed. To renew public appreciation of the Constitution, our fundamental law and the philosophical foundation of our political order, is the most fitting bicentennial celebration U.S.…

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

    Science.gov (United States)

    US Department of Education, 2009

    2009-01-01

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

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

    Science.gov (United States)

    Musarandega, Reuben

    2009-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Badma V. Sangadzhiev

    2016-09-01

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

  3. Civil and Constitutional Rights of Adjudicated Youth.

    Science.gov (United States)

    Landess, Jacqueline

    2016-01-01

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

  4. 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.

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

    Science.gov (United States)

    Epstein, Richard A.

    2014-01-01

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

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

    Science.gov (United States)

    Lynch, Patrick D.

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

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

    Directory of Open Access Journals (Sweden)

    Юрій Миколайович Моісеєнко

    2017-03-01

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

  8. Department of Education Revives Civil Rights Office

    Science.gov (United States)

    Finkel, Ed

    2010-01-01

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

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

    Science.gov (United States)

    Orfield, Gary

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Rakočević Milka V.

    2017-01-01

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

  11. Dissent, revolution and liberty beyond Earth

    CERN Document Server

    2016-01-01

    This volume provides an in-depth discussion on the central question – how can people express and survive dissent and disagreement in confined habitats in space? The discussion is an important one because it could be that the systems of inter-dependence required to survive in space are so strong that dissent becomes impossible. John Locke originally said that people have a right to use revolution to overthrow a despotic regime. But if revolution causes violence and damage that causes depressurisation with the risk of killing many people, is it even permissible to have a revolution? How then are people to express their liberty or dissatisfaction with their rulers? The emergence of structures of dissent and disagreement is an essential part of the construction of a framework of liberty in space (revolution is just the extreme example) and thus the topic deserves in-depth and immediate attention. Even today, the way in which we assemble organisations and corporations for the government and private exploration o...

  12. The meaning of liberty beyond earth

    CERN Document Server

    2015-01-01

    The purpose of this book is to initiate a new discussion on liberty focusing on the infinite realms of space. The discussion of the nature of liberty and what it means for a human to be free has occupied the minds of thinkers since the Enlightenment. However, without exception, every one of these discussions has focused on the character of liberty on the Earth.The emergence of human space exploration programs in the last 40-50 years raise a fundamental and new question: what will be the future of liberty in space? This book takes the discussion of liberty into the extraterrestrial environment. In this book, new questions will be addressed such as: Can a person be free when the oxygen the individual breathes is the result of a manufacturing process controlled by someone else? Will the interdependence required to survive in the extremities of the extraterrestrial environment destroy individualism? What are the obligations of the individual to the extraterrestrial state? How can we talk of extraterrestrial li...

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

    Science.gov (United States)

    Hernández, Laura E.

    2016-01-01

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

  14. 75 FR 70350 - Liberty Natural Gas LLC, Liberty Liquefied Natural Gas (LNG) Deepwater Port License Application

    Science.gov (United States)

    2010-11-17

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [USCG-2010-0993] Liberty Natural Gas LLC, Liberty Liquefied Natural Gas (LNG) Deepwater Port License Application AGENCY: Maritime Administration... announce they have received an application for the licensing of a natural gas deepwater port and the...

  15. 76 FR 4417 - Liberty Natural Gas LLC, Liberty Liquefied Natural Gas (LNG) Deepwater Port License Application

    Science.gov (United States)

    2011-01-25

    ... DEPARTMENT OF TRANSPORTATION Maritime Administration [USCG-2010-0993] Liberty Natural Gas LLC, Liberty Liquefied Natural Gas (LNG) Deepwater Port License Application AGENCY: Maritime Administration... application describes an offshore natural gas deepwater port facility that would be located approximately 16.2...

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

    Directory of Open Access Journals (Sweden)

    Олег Степанович Ткачук

    2016-06-01

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

  17. The Covenant on civil and political rights

    Directory of Open Access Journals (Sweden)

    Aulona HAXHIRAJ

    2013-12-01

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

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

    Science.gov (United States)

    Office for Civil Rights, US Department of Education, 2015

    2015-01-01

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

  19. Culture, Liberty and Happiness

    OpenAIRE

    Ura, Karma

    2007-01-01

    The author's intention here is to explore mainly the relationship between culture and globalization, and also to a limited extent the ties and differences, if any, between cultural liberty and happiness. This paper attempts to relate the concept of cultural liberty to the idea of Gross National Happiness. The author underlines strongly that the culture discussed is not about the particular culture of Bhutan; it is about culture in general and in abstract. Likewise happiness referred to here i...

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

    Directory of Open Access Journals (Sweden)

    Stephen Meyers

    2014-12-01

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

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

    Science.gov (United States)

    Santoli, Susan; Vitulli, Paige; Giles, Rebecca

    2015-01-01

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

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

    Science.gov (United States)

    Son, Colin

    2015-07-01

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

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

    Science.gov (United States)

    Davis, Timothy D.; Felix, Manny

    2013-01-01

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

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

    Science.gov (United States)

    Hale, Jon N.

    2011-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Ana-Maria Lupulescu

    2012-11-01

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

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

    Science.gov (United States)

    Pollitt, Phoebe A

    2016-02-15

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

  7. Enforcing the Right to Family Life in Hong Kong Courts: The Case of Dependant Policy

    Directory of Open Access Journals (Sweden)

    Matthew Chuen Ngai Tang

    2017-08-01

    Full Text Available Despite the Hong Kong courts’ seemingly robust protection of fundamental rights and civil liberties, enforcing family rights remains extremely difficult. While the right to family life is safeguarded by both domestic and international human right instruments, applicants in judicial review cases are usually not able to rely on it to challenge the decisions made by the immigration authority. This paper examines the challenges in enforcing the right to family life in Hong Kong’s Dependant Policy with a particular focus on the Hong Kong Court of Appeal’s recent decision in BI v Director of Immigration. The immigration reservation, entered into by the United Kingdom when ratifying the International Covenant on Civil and Political Rights, has become a justification for a restrictive immigration regime even after the transfer of sovereignty. The Hong Kong courts also repeatedly accord wide discretion to immigration authority. The courts’ reluctance to scrutinize socio-economic policies reveals one of the key weaknesses in enforcing fundamental rights in Hong Kong by the way of judicial review.

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

    Directory of Open Access Journals (Sweden)

    Brianne McGonigle Leyh

    2017-04-01

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

  9. Police Deprivation of Third Parties’ Liberty – A Field of Tension between National Police Law and the European Convention on Human Rights, as illustrated by Austin & Others v the United Kingdom

    Directory of Open Access Journals (Sweden)

    Steinar Fredriksen

    2015-07-01

    Full Text Available In Austin & Others v the United Kingdom The European Court of Human Rights came to the conclusion that the use of a police cordon, also known as “kettling”, where approximately 2000 people were forced to remain inside the cordon for up to eight hours, did not amount to deprivation of liberty under Article 5 (1 of the European Convention on Human Rights. This conclusion was reached by way of restrictive interpretation of the term “deprivation”. Previous case law establishes a set of criteria to be used when deciding if an infringement on the physical liberty to move from place to place constitutes a deprivation of this liberty, or merely a restriction upon it. These criteria were upheld in Austin, but were found to give room for taking into account the context and circumstances in which the police cordon was used. The previous view of the Court that the grounds justifying deprivations of liberty listed in Article 5 (1 (a-f are exhaustive, was also upheld. In this article the starting point is the close relationship between national police law regarding the maintenance of security and public order on one hand, and the principle of necessity on the other. It is emphasised that “necessity”-based norms in national police law can make police measures directed against innocent third parties legal, deprivations of liberty included, but that this possibility would have been absent in Article 5 (1 of the Convention without the aforementioned restrictive interpretation of the term “deprivation”. An attempt is made to show that this interpretation is in fact based on central elements of the principle of necessity. Furthermore, it is attempted to show that the restrictive interpretation can be seen as a reflection of the need acknowledged in national police law, as well as in other articles of the Convention, to direct police measures against innocent third parties.

  10. Civil Commitment for Opioid and Other Substance Use Disorders: Does It Work?

    Science.gov (United States)

    Jain, Abhishek; Christopher, Paul; Appelbaum, Paul S

    2018-04-01

    Many states are turning to civil commitment for substance use disorders as a potential solution to address rising rates of overdose deaths. Civil commitment allows family members or others to seek court-ordered involuntary treatment for a substance-abusing person. In contrast to mandatory treatment ordered by drug courts, civil commitment does not require involvement with the criminal justice system. Although these laws are understandably appealing, statutes and their implementation are highly variable, ethical concerns about deprivation of liberty continue to be raised, and outcome data are limited and often not generalizable. Above all, more studies are needed to determine effectiveness.

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

    Science.gov (United States)

    deShazo, Richard D; Parker, Sara B

    2017-07-01

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

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

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

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

  13. The Arab Bed Spring? Sexual rights in troubled times across the Middle East and North Africa.

    Science.gov (United States)

    El Feki, Shereen

    2015-11-01

    In recent decades, attitudes in many parts of the Arab region have hardened towards non-conforming sexualities and gender roles, a shift fuelled in part by a rise in Islamic conservatism and exploited by authoritarian regimes. While political cultures have proved slow to change in the wake of the 'Arab Spring', a growing freedom of expression, and increasing activity by civil society, is opening space for discreet challenges to sexual taboos in a number of countries, part of wider debates over human rights and personal liberties in the emerging political and social order. Copyright © 2015 Elsevier Inc. All rights reserved.

  14. ATTITUDES TOWARD CIVIL LIBERTIES AMONG HIGH SCHOOL SENIORS. FINAL REPORT.

    Science.gov (United States)

    POCK, JOHN C.

    HIGH SCHOOL STUDENTS WERE MEASURED ON THE DEGREE TO WHICH THEY HOLD VIEWS WHICH FAVOR A CIVIL LIBERTARIAN POSITION, AND THE EXTENT TO WHICH THESE VIEWS APPEARED TO BE INFLUENCED BY THE SOCIAL ATTRIBUTES OF THE PEOPLE INVOLVED. FROM NINE SCHOOLS IN THE PORTLAND METROPOLITAN AREA, 3,066 SENIORS RESPONDED TO A SELF-ADMINISTERED QUESTIONNAIRE. THE…

  15. Hegel’s justification of the human right to non-domination

    Directory of Open Access Journals (Sweden)

    Westphal Kenneth R.

    2017-01-01

    Full Text Available ‘Hegel’ and ‘human rights’ are rarely conjoined, and the designation ‘human rights’ appears rarely in his works. Indeed, Hegel has been criticised for omitting civil and political rights all together. My surmise is that readers have looked for a modern Decalogue, and have neglected how Hegel justifies his views, and hence just what views he does justify. Philip Pettit (1997 has refocused attention on republican liberty. Hegel and I agree with Pettit that republican liberty is a supremely important value, but appealing to its value, or justifying it by appeal to reflective equilibrium, are insufficient both in theory and in practice. By reconstructing Kant’s Critical methodology and explicating the social character of rational justification in non-formal domains, Hegel shows that the republican right to non-domination is constitutive of the equally republican right to justification (Forst 2007 - both of which are necessary requirements for sufficient rational justification in all non-formal domains, including both claims to rights or imputations of duties or responsibilities. That is the direct moral, political and juridical implication of Hegel’s analysis of mutual recognition, and its fundamental, constitutive role in rational justification. Specific corollaries to the fundamental republican right to non-domination must be determined by considering what forms of illicit domination are possible or probable within any specific society, in view of its social, political and economic structures and functioning.

  16. On Political Liberty: Montesquieu’s Missing Manuscript

    NARCIS (Netherlands)

    de Dijn, A.

    2011-01-01

    This essay draws attention to the importance of Montesquieu’s earliest and unpublished writings on liberty for our understanding of the famous eleventh book of the Spirit of the Laws. Montesquieu’s investigation of the nature and preconditions of liberty, the author argues, was much more polemical

  17. The Role of Subscription-Based Patrol and Restitution in the Future of Liberty

    Directory of Open Access Journals (Sweden)

    Gil Guillory

    2009-02-01

    Full Text Available Market anarchists are often keen to know how we might rid ourselves of the twin evils institutionalized in the state: taxation and monopoly. A possible future history for North America is suggested, focusing upon the implications of the establishment of a subscription-based patrol and restitution business sector. We favor Rothbard over Higgs regarding crises and liberty. We favor Barnett over Rothbard regarding vertical integration of security. We examine derived demand for adjudication, mediation and related goods; and we advance the thesis that private adjudication will tend to libertarianly just decisions. We show how firms will actively build civil society, strengthening and coordinating Nisbettian intermediating institutions.

  18. Religion and the rainbow struggle: does religion factor into attitudes toward homosexuality and same-sex civil unions in Brazil?

    Science.gov (United States)

    Ogland, Curtis P; Verona, Ana Paula

    2014-01-01

    The provision of civil liberties to LGBT persons has become part of a global movement in societies across the world. In Brazil, a recent judicial ruling for the first time established the right for homosexual couples to enter into civil unions, despite the presence of widespread disapproval of homosexuality among the population and opposition from prominent religious groups. Picking up on this issue, the following study examines whether religion may factor into the attitudes Brazilians hold toward homosexuality and same-sex civil unions. Using data from the Brazilian Social Research Survey, we find that the most restrictive views toward homosexuality and the strongest opposition to same-sex civil unions are most prevalent among devoted followers of historical Protestant, Pentecostal, and Catholic faith traditions, whereas adherents of Afro-Brazilian and spiritist religions, as well as those with no religious commitment, are inclined to assume a more tolerant moral posture toward such issues. The findings point to religion as a potential influence in future public policy initiatives and social movements involving LGBT issues in Brazil.

  19. 28 CFR 50.3 - Guidelines for the enforcement of title VI, Civil Rights Act of 1964.

    Science.gov (United States)

    2010-07-01

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

  20. Security, at what cost? A stated preference approach toward understanding individuals' privacy and civil liberties trade-offs regarding security measures

    NARCIS (Netherlands)

    Robinson, N.; Potoglou, D.

    2010-01-01

    In the presently heightened security environment there are a number of examples of policy that must strike a delicate balance between strengthening security without jeopardising public liberties and personal privacy. The introduction of national identity cards and biometric passports, the expansion

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

    Science.gov (United States)

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

    1996-01-01

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

  2. The Threat to Religious Liberties and the European Institutions

    Directory of Open Access Journals (Sweden)

    Roger Kiska

    2011-07-01

    Full Text Available The following article analyzes the 3 chief threats facing religious liberty today in Europe, namely: (1 hate speech legislation; (2 anti-discrimination laws; (3 attacks on parental rights. Concrete examples are given of offenses to religious freedom. Additionally, the black letter law is set out in each section with suggested action points for national governments. The Article also discusses the Lautsi v. Italy judgment of the European Court of Human Rights, explaining its importance and using it as evidence to establish the political nature of the Strasbourg based court.

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

    Science.gov (United States)

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

    2018-04-01

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

  4. Stalking on Campus: Ensuring Security with Rights and Liberties

    Science.gov (United States)

    Campbell, Julie; Longo, Peter J.

    2010-01-01

    College campuses are often perceived as idyllic communities. While there is much truth in such perceptions, not surprisingly there are many complicated issues on college campuses. Stalking is one such problem that seems to persist and thrive in the cloistered college setting. Campus safety efforts must temper security practices with civil rights…

  5. LIBERTY, SECURITY AND THE DEGENERATIVE CYCLE OF DEMOCRACY

    Directory of Open Access Journals (Sweden)

    William Barclay

    2016-06-01

    Full Text Available Unfortunately, modern liberals have long misrepresented and misused the foundational principles of liberalism, in order to claim that the fundamental function of every democratic state is the pursuit of its citizens’ liberty, as well as to viciously attack all states and leaders that do not consider liberty to be sacrosanct. Via an appeal to the essential works of liberalism and realism, this paper has thoroughly contradicted the claims of modern liberalism and has definitively argued that security, not liberty, is the fundamental purpose of every state. Furthermore, this paper has comprehensively analyzed the USA, in order to demonstrate that, if a state sacrifices the liberty of its citizenry in order to maintain its national security, then the state’s actions are not merely just and ethical vis-à-vis its citizenry, but, rather, fulfill the state’s fundamental, protective, function and are, in fact, an inevitable, benevolent, aspect of the state’s existence.

  6. Reclaiming Liberty and Security as Universal Concepts

    DEFF Research Database (Denmark)

    Friis, Søren

    2014-01-01

    Review of Conor Gearty, Liberty and Security, Cambridge and Malden, MA: Polity Press, 2013, 146 pp. Published in Contributions to the History of Concepts vol. 9, issue 2, 2014, pp. 104-108.......Review of Conor Gearty, Liberty and Security, Cambridge and Malden, MA: Polity Press, 2013, 146 pp. Published in Contributions to the History of Concepts vol. 9, issue 2, 2014, pp. 104-108....

  7. Learning about Lady Liberty.

    Science.gov (United States)

    Instructor, 1984

    1984-01-01

    The history and importance of the Statue of Liberty is developed into a teaching unit. Background information on how and why the statue was built is given. Sample activities for classroom use are included. (DF)

  8. Liberty, Security and Power: Some Reflections on Transatlantic Relations

    Directory of Open Access Journals (Sweden)

    Angela Liberatore

    2009-08-01

    Full Text Available The leitmotiv of the tensions between security and liberty is recurrent in democratic debate – especially in connection with wars, but also in relation to other cases where internal or external threats are seen as requiring the sacrifice of liberty to guarantee survival. Such tension can hardly arise in non-democracies, where liberties are seen as a threat themselves by those in power, while a democracy cannot survive as such without safeguarding liberty – including to criticise and ‘send back home’ those in power. Following the terrorist attacks of 11 September 2001 the issue became especially acute, and heavily reflected on policies in the European Union (EU as well as in the relation between the EU and the USA. The changes taking place in the USA with the election of President Obama and those, admittedly less visible, taking place in the EU – including the election of the new European Parliament and the fate of the Lisbon Treaty – provide an interesting occasion for some reflection on the kind of continuity or change that may be expected in EU-US relations in handling the relations between security and liberty.

  9. Procreative liberty, enhancement and commodification in the human cloning debate.

    Science.gov (United States)

    Shapshay, Sandra

    2012-12-01

    The aim of this paper is to scrutinize a contemporary standoff in the American debate over the moral permissibility of human reproductive cloning in its prospective use as a eugenic enhancement technology. I shall argue that there is some significant and under-appreciated common ground between the defenders and opponents of human cloning. Champions of the moral and legal permissibility of cloning support the technology based on the right to procreative liberty provided it were to become as safe as in vitro fertilization and that it be used only by adults who seek to rear their clone children. However, even champions of procreative liberty oppose the commodification of cloned embryos, and, by extension, the resulting commodification of the cloned children who would be produced via such embryos. I suggest that a Kantian moral argument against the use of cloning as an enhancement technology can be shown to be already implicitly accepted to some extent by champions of procreative liberty on the matter of commodification of cloned embryos. It is in this argument against commodification that the most vocal critics of cloning such as Leon Kass and defenders of cloning such as John Robertson can find greater common ground. Thus, I endeavor to advance the debate by revealing a greater degree of moral agreement on some fundamental premises than hitherto recognized.

  10. Celebrating Lady Liberty's Centennial.

    Science.gov (United States)

    Fowler, Charles B.

    1986-01-01

    The year 1986 marks the one hundredth birthday of the Statue of Liberty. The centennial provides an appropriate occasion for musical celebration. A list of musical compositions that teachers can use are provided. Difficulty level is indicated. (RM)

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

    Directory of Open Access Journals (Sweden)

    Omar Huertas Díaz

    2013-12-01

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

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

    Directory of Open Access Journals (Sweden)

    John McMurtry

    2011-08-01

    Full Text Available

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

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

    Directory of Open Access Journals (Sweden)

    John McMurtry

    2011-07-01

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

  14. Assault on the USS LIBERTY: Deliberate Action or Tragic Accident?

    Science.gov (United States)

    2007-03-30

    fear of an Egyptian attack from the sea compounded with the explosion at al-‘Arish, set the events into motion.74 The torpedo boats miscalculated...differences with the USS Liberty. The Liberty is 200 feet longer, covered with antennas, and has a state-of-the-art parabolic satellite dish.85 Perhaps...collection position.] 14 Ibid, 13. 15 Ibid, 14. 16 William D. Gerhard and Henry W. Millington, Attack on a Sigint Collector , the U.S.S Liberty

  15. Technical Problem Identification for the Failures of the Liberty Ships

    Directory of Open Access Journals (Sweden)

    Wei Zhang

    2016-11-01

    Full Text Available The U.S. Liberty Ship Building Program in World War II set a record—a total of 2700 Liberty Ships were built in 6 years, in order to support the battle against Nazi-Germany. However, numerous vessels suffered sudden fracture, some of them being split in half. This paper demonstrates and investigation of the Liberty Ships failure and problems, which reveals that the failures are caused by a combination of three factors. The welds produced by largely unskilled work force contain crack type flaws. Beyond these cracks, another important reason for failure associated with welding is the hydrogen embitterment; most of the fractures initiate at deck square hatch corners where there is a stress concentration; and the ship steel has fairly poor Charpy-Impact tested fracture toughness. It has been admitted that, although the numerous catastrophic failures were a painful experience, the failures of the Liberty Ships caused significant progress in the study of fracture mechanics. Considering their effect, the Liberty Ships are still a success.

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

    Science.gov (United States)

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

    2016-01-01

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

  17. Apollo Saturn V Height Comparison to Statue of Liberty

    Science.gov (United States)

    1967-01-01

    This 1967 illustration compares the Apollo Saturn V Spacecraft of the Moon Landing era to the Statue of Liberty located on Ellis Island in New York City. The Apollo Saturn V, at 363 feet towers above Lady Liberty, as the statue is called, standing at 305 feet.

  18. All projects related to | Page 144 | IDRC - International Development ...

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

    A Rights-Based Approach to Internet Policy and Governance for the Advancement of Economic, Social, and Cultural Rights. Project. The debate on Internet freedom has intensified over the last few years as governments and civil society organizations explore policies to safeguard online civil liberties and online security.

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

    Data.gov (United States)

    Department of Homeland Security — This Annual Report details CRCL's priorities and activities in FY2013. CRCL’s activities focused on alignment with the Department’s missions: Preventing Terrorism...

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

    Data.gov (United States)

    Department of Homeland Security — This Annual Report details CRCL's priorities and activities in FY2012. CRCL’s activities focused on alignment with the Department’s missions: Preventing Terrorism...

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

    Data.gov (United States)

    Department of Homeland Security — This Annual Report details CRCL's priorities and activities in FY2011. CRCL’s activities focused on alignment with the Department’s missions: Preventing Terrorism...

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

    Directory of Open Access Journals (Sweden)

    D. Karkhalev

    2016-01-01

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

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

    Science.gov (United States)

    Schmidt, Sandra J.

    2014-01-01

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

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

    Science.gov (United States)

    National Archives and Records Administration, Washington, DC.

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

  5. Mises’s Defense of Liberty: A Critique

    Directory of Open Access Journals (Sweden)

    Sean Parr

    2010-11-01

    Full Text Available What this paper attempts to demonstrate is that, in his treatise Liberalism, Mises’s defense of liberty is incomplete because his reasoning in favor of liberty for all is–not of a moral, but–exclusively of an economic kind. Without a moral justification, Mises’s defense–once the aim of productivity has been abandoned–is forced to affirm with cold indifference that a society of slaves is no better or worse than one of free men. There exists a more comprehensive defense

  6. Liberty and Higher Education.

    Science.gov (United States)

    Thompson, Dennis F.

    1989-01-01

    John Stuart Mill's principle of liberty is discussed with the view that it needs to be revised to guide moral judgments in higher education. Three key elements need to be modified: the action that is constrained; the constraint on the action; and the agent whose action is constrained. (MLW)

  7. Breaking the circle: The definition of individual liberty

    OpenAIRE

    Bouillon, Hardy

    2003-01-01

    The definition of individual liberty as the absence of coercion or violence (threatened or actual) includes a circularity problem. A look at prominent representatives of classical liberalism and libertarianism (Hayek, Rothbard, Hoppe, Jasay) reveals that this is typical of classical liberals as well as of libertarians, though the latter avoid a confusion of power and freedom. However, the respective definitions of individual liberty analysed here rest on the assumption that coerci...

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

    Science.gov (United States)

    London, Leslie; Schneider, Helen

    2012-01-01

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

  9. J.S. Mill and A. de Tocqueville: tow concepts of liberty

    Directory of Open Access Journals (Sweden)

    A. V. Tavadova

    2016-01-01

    Full Text Available This paper presents an analysis of the two concepts of freedom, one of which was developed in line with classical liberalism, the second within the conservative tradition. Individual freedom as the supreme value, good and the goal of social development was considered an English liberal thinker John Stuart Mill. Another approach found expression in the works of the brightest representatives of the French conservative thought of Alexis de Tocqueville. In despite of the similarity of some theses, this polemic initiated the development of the two traditions in understanding the concept of civil liberties, continues to create and maintain the discussion of modern theoretical sociology. The research methodology of these concepts, to better understand the fundamental essence of the dispute between liberals and conservatives, seeking to find a balance between individual freedom in various aspects of its expression and the public interest.

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

    Science.gov (United States)

    Slate, Nico

    2011-01-01

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

  11. McCullough to Liberty fiber optics project

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-05-01

    The US Department of Energy, Western Area Power Administration (Western) proposes to replace an existing overhead static wire with a shield wire that contains optical fibers (OPGW) on transmission lines from McCullough Substation, south of Las Vegas, Nevada, to Liberty Substation near Phoenix, Arizona. The replacement will occur on the McCullough-Davis, Davis-Parker No. 2, and Parker-Liberty No. 1 230-kV transmission lines. Western is responsible for the operation and maintenance of the lines. Western prepared an Environmental Assessment (EA) entitled ``McCullough to Liberty Fiber Optics Project`` (DOE/EA-1202). The EA contains the analysis of the proposed construction, operation, and maintenance of the OPGW. Based on the analysis in the EA, Western finds that the proposed action is not a major Federal action significantly affecting the quality of the human environment, within the meaning of the National Environmental Policy Act (NEPA) of 1969. The preparation of an environmental impact statement (EIS) is not required, and therefore, Western is issuing this Findings of No Significant Impact (FONSI).

  12. McCullough to Liberty fiber optics project

    International Nuclear Information System (INIS)

    1997-05-01

    The US Department of Energy, Western Area Power Administration (Western) proposes to replace an existing overhead static wire with a shield wire that contains optical fibers (OPGW) on transmission lines from McCullough Substation, south of Las Vegas, Nevada, to Liberty Substation near Phoenix, Arizona. The replacement will occur on the McCullough-Davis, Davis-Parker No. 2, and Parker-Liberty No. 1 230-kV transmission lines. Western is responsible for the operation and maintenance of the lines. Western prepared an Environmental Assessment (EA) entitled ''McCullough to Liberty Fiber Optics Project'' (DOE/EA-1202). The EA contains the analysis of the proposed construction, operation, and maintenance of the OPGW. Based on the analysis in the EA, Western finds that the proposed action is not a major Federal action significantly affecting the quality of the human environment, within the meaning of the National Environmental Policy Act (NEPA) of 1969. The preparation of an environmental impact statement (EIS) is not required, and therefore, Western is issuing this Findings of No Significant Impact (FONSI)

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

    Science.gov (United States)

    Williamson, Joy Ann

    2004-01-01

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

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

    National Research Council Canada - National Science Library

    Tart, Randal

    1997-01-01

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

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

    NARCIS (Netherlands)

    Mc Gonigle, B.N.

    2017-01-01

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

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

    Science.gov (United States)

    Eyraud, Benoît

    2016-01-01

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

  17. Canadian Constitutional Guarantee of "Liberty" as It Affects Education and Children.

    Science.gov (United States)

    Khan, Anwar N.

    1993-01-01

    The Fifth Amendment to the United States Constitution stipulates that no person is to be deprived of liberty without due process of law. Examines the Canadian courts' interpretations of "liberty" as it applies to education and children. (MLF)

  18. Mortality of persons deprived of liberty in the penal system

    Directory of Open Access Journals (Sweden)

    Jovanić Goran

    2016-01-01

    Full Text Available The main aim of this research is to determine the scope, dynamics, and structure of deaths of persons deprived of their liberty who resided in the penal system due to custody, security measures, serving a prison sentence or an alternative sanction, with regard to their demographic, criminological, penal, and psychological characteristics. Article 111, paragraph b of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990 determines that deprivation of liberty refers to any kind of detention, imprisonment, i.e. placement in a public or private institution which the imprisoned person cannot leave, by order of judicial, administrative or other public authority. The data used included information on persons deprived of their liberty who died in the territory of the Republic of Serbia in the period from 2008 to 2012. The data was obtained from The Directorate for Execution of Criminal Sanctions of the Ministry of Justice of the Republic of Serbia. In the past, researches mainly focused on violence in prisons, death penalty, prison riots, auto-aggressive behavior, i.e. certain forms of mortality such as a suicide. This paper aims to point out the characteristics of deaths which occur while persons deprived of their liberty are under the authority of judicial institutions, both before and after passing a criminal sanction.

  19. Positive rights, negative rights and health care.

    Science.gov (United States)

    Bradley, Andrew

    2010-12-01

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

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

    Science.gov (United States)

    Chandra, Amitabh; Frakes, Michael; Malani, Anup

    2017-06-01

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

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

    Directory of Open Access Journals (Sweden)

    В. В. Надьон

    2015-11-01

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

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

    Science.gov (United States)

    Mills, Shirley J.

    2006-01-01

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

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

    Science.gov (United States)

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

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

  4. [Implications of psychoactive substances on the health of men deprived of liberty].

    Science.gov (United States)

    Caravaca-Sánchez, Francisco; Sánchez-Alcaraz Martínez, Cristóbal; Osuna, Eduardo; Falcón Romero, María; Luna, Aurelio

    2015-01-01

    To describe the frequency of the use of alcohol and other drugs, as well as different types of victimization in men deprived of liberty in the prisons of Castile-La Mancha (Spain). A cross-sectional study was conducted in a sample of men deprived of liberty in four prisons in Castile-La Mancha. An anonymous questionnaire on victimization was distributed among a total of 425 prisoners, with a confidence interval of 95%. The most commonly reported assaults were verbal, affecting 41.4% of the prisoners (n=176) and the least common were sexual, affecting 7.8% (n=33). The most commonly consumed substance was cannabis, with 40.2% (n=171) of prisoners consuming it in the previous month. Victimization and substance use is a reality in prisons, and there is a statistically significant association between the two phenomena. This association should be further studied to design preventive measures and improve prison life. Copyright © 2014 SESPAS. Published by Elsevier Espana. All rights reserved.

  5. "You Have Come a Long Way Woman": A Sparkle Slogan without Realistic Meaning for Woman Status in Jordan

    Science.gov (United States)

    Khudeir, Dua'a Ibrahim

    2017-01-01

    This research paper discusses woman status in the country of Jordan in terms of rights, equality and personal liberties, freedom of choice in particular. It argues that, although Jordan is working hard to be open to Western values and civilization; however, it lags behind when it comes to woman liberty and equality. Jordan is a patriarchal…

  6. 77 FR 28373 - Liberty Energy (Midstates) Corp.; Notice of Baseline Filing

    Science.gov (United States)

    2012-05-14

    ... DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. PR12-24-000] Liberty Energy (Midstates) Corp.; Notice of Baseline Filing Take notice that on April 30, 2012, Liberty Energy (Midstates) Corp. submitted a baseline filing of their Statement of Operating Conditions for services provided...

  7. Liberty Centennial Student Campaign Manual.

    Science.gov (United States)

    Statue of Liberty-Ellis Island Foundation, New York, NY.

    Background readings and project ideas to involve elementary and secondary school students in fundraising for the restoration of the Statue of Liberty are provided. Materials can be divided into two sections. The first section, background readings, contains President Ronald Reagan's opening remarks at the ceremony introducing the Statue of…

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

    Directory of Open Access Journals (Sweden)

    Karatzas Konstantinos D.

    2016-04-01

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

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

    OpenAIRE

    Shannon Lack

    2008-01-01

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

  10. Reexamining the Statue of Liberty: Different Perspectives on History and the Promise of America

    Science.gov (United States)

    Maguth, Brad M.; Dustman, Josh; Kerr, Megan

    2013-01-01

    The Statue of Liberty has traditionally served as a symbol of freedom and liberty for citizens in the United States and around the world. Lady Liberty was often the first symbol European immigrants saw as they arrived in New York Harbor. Many of them were escaping dire conditions back home and seeking a better future for themselves and their…

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

    Science.gov (United States)

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

    2015-01-01

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

  12. [Feeling of Liberty and Internalized Stigma: Comparison of Inpatient and Outpatient Cases Receiving Psychiatric Treatment].

    Science.gov (United States)

    Kamışlı, Songül; Dil, Satı; Daştan, Leyla; Eni, Nurhayat

    2016-01-01

    In this study, we investigated whether liberty-restricting and other factors can predict internalized stigma among psychiatric inpatients and outpatients. The study sample comprised of 129 inpatients, admitted at least once to psychiatry ward, and 100 outpatients who have never been hospitalized, receiving psychiatric treatment. In addition to demographic and clinical features, patients were evaluated for perceived deprivation of liberty and internalized stigma levels. Patients stated that their liberty was restrained mostly due to involuntary treatment, communication problems, side effects of medical treatment and inability to choose their treatment team. Regression analysis showed that internalized stigma was predicted by perceived deprivation of liberty, marital status and number of admissions to ward. Stigma was related to marital status and admissions to the psychiatry ward. Perceived deprivation of liberty predicts stigma regardless of the disease severity CONCLUSION: Perception of stigma leads to self-isolation, behavioral avoidance and refusal of aid-seeking. Our study indicated that perceived deprivation of liberty is one of the most important factors that lead to increased stigma. Based on our findings, we can say that as patients experience less perceived deprivation of liberty, they would have less stigma and thus, their compliance would increase.

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

    OpenAIRE

    Rizwani, Muhammad Saqib

    2013-01-01

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

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

    Science.gov (United States)

    Kim, Joon K.

    2014-01-01

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

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

    Science.gov (United States)

    Levesque, Roger J R

    2014-01-01

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

  16. 75 FR 20265 - Airworthiness Directives; Liberty Aerospace Incorporated Model XL-2 Airplanes

    Science.gov (United States)

    2010-04-19

    ... Office, 1701 Columbia Avenue, College Park, Georgia 30337; telephone: (404) 474-5524; facsimile: (404... Airworthiness Directives; Liberty Aerospace Incorporated Model XL-2 Airplanes AGENCY: Federal Aviation...-08- 05, which applies to certain Liberty Aerospace Incorporated Model XL-2 airplanes. AD 2009-08-05...

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

    Science.gov (United States)

    Bolzendahl, Catherine; Coffé, Hilde

    2009-12-01

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

  18. 78 FR 58273 - Approval for Manufacturing (Production) Authority, Foreign-Trade Zone 284, Liberty Pumps, Inc...

    Science.gov (United States)

    2013-09-23

    ... (Production) Authority, Foreign-Trade Zone 284, Liberty Pumps, Inc. (Submersible and Water Pumps), Bergen, New... (production) authority on behalf of Liberty Pumps, Inc., within FTZ 284 in Bergen, New York (FTZ Docket 5-2012... manufacturing (production) authority under zone procedures within FTZ 284 on behalf of Liberty Pumps, Inc., as...

  19. El derecho a la salud en Colombia: una propuesta para su fundamentación moral The right to health in Colombia: a proposal for laying down its moral foundations

    Directory of Open Access Journals (Sweden)

    Luz Stella Álvarez Castaño

    2005-08-01

    Full Text Available The health system reform that was carried out in Colombia in 1993 was based on neoliberal doctrine. That reform increased the inequity in the allocation of resources, access to health services, and the distribution of spending on health. Societal organizations, academic groups, health workers, and some members of the political sector in Colombia have opposed the neoliberal reform, and they have supported the right to health as an alternative for dealing with the inequities in the health sector. According to liberal theories, only civil and political rights are fundamental, and liberty is assumed to be only the freedom of process and the absence of coercive mechanisms. However, there are arguments that support the viewpoint that health is a fundamental human right. This piece analyzes some ethical and moral principles that can help establish the moral foundations for the right to health. Among these principles are equality of opportunity, that part of being free is for people to have the right to develop themselves as human beings, that the right to health is connected to the right to life, that all people deserve equal respect (which requires the equal distribution of goods and of societal responsibilities, and that liberty is the opportunity that all persons should have to carry out the plans that they have for their lives, as chosen from a variety of socially useful alternatives.

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

    International Nuclear Information System (INIS)

    Mutius, A. von.

    1984-01-01

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

  1. Two Views of Liberty, Occidental and Oriental(?

    Directory of Open Access Journals (Sweden)

    Bruno Leoni

    2009-02-01

    Full Text Available This paper, by the late Bruno Leoni, was originally presented at a special meeting of the Mont Pèlerin Society (Tokyo, Sept. 5–10, 1966, and was originally published in the Italian journal Il Politico in 1966. The paper displays Leoni’s fondness for Chinese culture, and is essentially a defense of the unity of mankind. Westerners are often of the belief that the Occidental, or Western, individual freedom-based view of liberty is distinct from the Oriental (Eastern view of liberty. Leoni challenges this perspective. Mill believed that disregard for custom was what made the West both free and different from the rest of the world, while the Oriental approach is more backward and based on blind respect for customs. However, custom has often been invoked both in the East and in the West to oppose and limit the power of tyrants, and to defend or to secure civil or political liberty. Mill argued that disregard of custom accounts for novelty, novelty for diversity of character and culture, and the latter for freedom and progress, but there was an unsurpassed diversity of character and culture when Oriental and Occidental people were put together under the rule of the Roman emperors. Furthermore, the “Orient” was not monotonous, dull, and homogeneous, as Mill presumed; to the contrary, Europe cannot show in any period of its history a variety of races, languages, cultures, philosophies and religions even slightly comparable to those of India or China. In fact, Buddha and Confucius were both concerned mainly with individual freedom. Confucius’s theory of society, in particular, was very individualistic; he clearly formulated for the first time in recorded history that principle of “reciprocity,” the “golden rule” for any liberal society. He maintained that the very fundamental principle for a happy society is “Not doing to others what one does not wish them do to one’s self.” Confucius shared, along with the greatest masters of

  2. 75 FR 60757 - Office for Civil Rights; Statement of Organization, Functions, and Delegations of Authority

    Science.gov (United States)

    2010-10-01

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

  3. Classifying and explaining democracy in the Muslim world

    Directory of Open Access Journals (Sweden)

    Rohaizan Baharuddin

    2012-12-01

    Full Text Available The purpose of this study is to classify and explain democracies in the 47 Muslim countries between the years 1998 and 2008 by using liberties and elections as independent variables. Specifically focusing on the context of the Muslim world, this study examines the performance of civil liberties and elections, variation of democracy practised the most, the elections, civil liberties and democratic transitions and patterns that followed. Based on the quantitative data primarily collected from Freedom House, this study demonstrates the following aggregate findings: first, the “not free not fair” elections, the “limited” civil liberties and the “Illiberal Partial Democracy” were the dominant feature of elections, civil liberties and democracy practised in the Muslim world; second, a total of 413 Muslim regimes out of 470 (47 regimes x 10 years remained the same as their democratic origin points, without any transitions to a better or worse level of democracy, throughout these 10 years; and third, a slow, yet steady positive transition of both elections and civil liberties occurred in the Muslim world with changes in the nature of elections becoming much more progressive compared to the civil liberties’ transitions.

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

    Science.gov (United States)

    Halamandaris, Val J

    2009-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Fernanda Sell de Souto Goulart Fernandes

    2016-10-01

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

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

    Science.gov (United States)

    Samar, V J

    1994-01-01

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

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

    Science.gov (United States)

    2010-06-17

    ..., language can be a barrier to accessing important benefits or services, understanding and exercising... all of the following options for providing competent interpreters in a timely manner. Competence of Interpreters. When providing oral assistance, recipients should ensure competency of the language service...

  8. Human rights and the right to abortion in Latin America.

    Science.gov (United States)

    Zúñiga-Fajuri, Alejandra

    2014-03-01

    The scope of this study is to question the fact that in some countries in Latin America (Chile, El Salvador, Nicaragua, Honduras and the Dominican Republic) abortion is still forbidden in all situations. Even after all the debate on this thorny issue, the theory of human rights is not often used in the defense of abortion. This is clearly related to the pervasive, albeit unspoken belief that, due to their condition, pregnant women inherently lose their full human rights and should surrender and even give up their lives in favor of the unborn child. This article seeks to show that an adequate reading of the theory of human rights should include abortion rights through the first two trimesters of pregnancy, based on the fact that basic liberties can only be limited for the sake of liberty itself. It also seeks to respond to those who maintain that the abortion issue cannot be resolved since the exact point in the development of the embryo that distinguishes legitimate from illegitimate abortion cannot be determined. There are strong moral and scientific arguments for an approach capable of reducing uncertainty and establishing the basis for criminal law reforms that focus on the moral importance of trimester laws.

  9. Human rights and the right to abortion in Latin America

    Directory of Open Access Journals (Sweden)

    Alejandra Zúñiga-Fajuri

    2014-03-01

    Full Text Available The scope of this study is to question the fact that in some countries in Latin America (Chile, El Salvador, Nicaragua, Honduras and the Dominican Republic abortion is still forbidden in all situations. Even after all the debate on this thorny issue, the theory of human rights is not often used in the defense of abortion. This is clearly related to the pervasive, albeit unspoken belief that, due to their condition, pregnant women inherently lose their full human rights and should surrender and even give up their lives in favor of the unborn child. This article seeks to show that an adequate reading of the theory of human rights should include abortion rights through the first two trimesters of pregnancy, based on the fact that basic liberties can only be limited for the sake of liberty itself. It also seeks to respond to those who maintain that the abortion issue cannot be resolved since the exact point in the development of the embryo that distinguishes legitimate from illegitimate abortion cannot be determined. There are strong moral and scientific arguments for an approach capable of reducing uncertainty and establishing the basis for criminal law reforms that focus on the moral importance of trimester laws.

  10. The Intelligence Phenomenon in a New Democratic Milieu. Romania-A Case Study

    National Research Council Canada - National Science Library

    Filip, Valentin F

    2006-01-01

    .... New democracies must pay close attention to fundamental values and norms that stand at their core, such as respect for human rights and civil liberties, rule of law, and civilian and democratic control...

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

    Science.gov (United States)

    Tarnow, W J

    1996-01-01

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

  12. ¡Arrasar la Vendée! Guerra Civil y Columnas Infernales en pleno corazón de la Revolución Francesa. – Raze the Vendée! Civil War and Infernal Columns in the heart of the French Revolution

    Directory of Open Access Journals (Sweden)

    Cutillas Victoria, Benjamín

    2014-12-01

    Full Text Available In the middle of the French Revolution, when the Liberty and the Rights of Man were proclaimed, a part of France decided to turn away from this new political and moral system with the aim of returning to their recent past when the Royal Authority and the Catholic Religion were the creed of the people. This against the revolutionary process took place in the west of the country, causing many internal conflicts that acquired special relevance in the Vendée region, where a true civil war exploded and the French Republic enforced a policy of total war unleashing the so-called Infernal Columns, although they didn’t put an end to the problem. The strife would end three years after with a peace process in the rebel region and terrible consequences for all.

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

    Science.gov (United States)

    Mauksch, Larry B; Fogarty, Colleen T

    2017-03-01

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

  14. New Life for Miss Liberty

    Science.gov (United States)

    1985-01-01

    Corrosion protection for the Statue of Liberty's interior structure is provided by a coating called IC 531, manufactured by Inorganic Coatings, Inc. The coating was developed by Goddard to protect structures at KSC. Inorganic Coatings has an exclusive to this high ratio potassium silicate formula. The coating is water based, nontoxic, nonflammable, and bonds to steel in 30 minutes. Tests on a variety of coated structures have been very positive.

  15. Human rights of persons with mental disabilities. The European Convention of Human Rights.

    Science.gov (United States)

    Gostin, L O

    2000-01-01

    It is not necessary to recount the numerous charters and declarations ... to understand human rights.... All persons are born free and equal in dignity and rights. Everyone ... is entitled to all the rights and freedoms set forth in the international human rights instruments without discrimination, such as the rights to life, liberty, security of the person, privacy, health, education, work, social security, and to marry and found a family. Yet, violations of human rights are a reality to be found in every corner of the globe.

  16. Fighting Words. The Politics of Hateful Speech.

    Science.gov (United States)

    Marcus, Laurence R.

    This book explores issues typified by a series of hateful speech events at Kean College (New Jersey) and on other U.S. campuses in the early 1990s, by examining the dichotomies that exist between the First and the Fourteenth Amendments and between civil liberties and civil rights, and by contrasting the values of free speech and academic freedom…

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

    Science.gov (United States)

    Canfield-Davis, Kathy; Gardiner, Mary E.

    2017-01-01

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

  18. District nursing practice for the death of patients subject to deprivation of liberty safeguards.

    Science.gov (United States)

    Griffith, Richard

    2015-02-01

    The Chief Coroner of England and Wales has issued guidance to coroners on whether the death of a person subject to a deprivation of liberty safeguard should be subject to an inquest. The guidance was issued in response to the tenfold increase in people being made subject to the safeguards since the Supreme Court's decision in Cheshire West and Chester Council v P [2014]. It is the Chief Coroner's view that all deaths where a person is subject to a deprivation of liberty safeguard or Court of Protection welfare order allowing a deprivation of liberty must be investigated by the coroner with an inquest held. This article considers the impact of the Chief Coroner's guidance on district nurse practice. It discusses whether a person subject to a deprivation of liberty safeguard is in state detention and whether an inquest is necessary in every case.

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

    Science.gov (United States)

    National Council on Disability, Washington, DC.

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

  20. 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…

  1. Offensive Student Web Sites: What Should Schools Do?

    Science.gov (United States)

    Conn, Kathleen

    2001-01-01

    Threatening student web sites raise complex legal questions for schools. According to "Tinker v. Des Moines (1969), students' First Amendment rights must be abridged to ensure an orderly school environment. Recent litigation, educator rights, American Civil Liberties Union interventions, and legally defensible strategies for schools are…

  2. Resolving the dilemma between equality and liberty: the Swedish political system

    Directory of Open Access Journals (Sweden)

    Nathalie BLANC-NOEL

    2013-06-01

    Full Text Available Swedish democracy ranks very high in international democracy indexes. It fascinates political scientists from all over the world because it seems to have resolved a fundamental political dilemma: the choice between equality and liberty, without the historical inconvenient of regimes which favoured too much equality - but killed liberty, or regimes which favoured liberty - but failed to make citizens equal... The "'egalitarian pluralism" practiced in Swedish political system is rooted in a specific political culture. This culture has opted for popular sovereignty and comes from the ancient peasant society. Lutheran values and the absence of feudalism paved the way to the search for equality and the edification of a strong State. In the 20th century, the Social-democrats endorsed the traditional Swedish values and prolonged them in the so-called Swedish model, with social policies allowing more equality along with more individual autonomy. Nowadays, the model is evolving, coping with globalization, and the definition of equality is under discussion.

  3. Psychiatric Power and Responsibility: Abuse and Abdication, A Proposed Corrective Conference.

    Science.gov (United States)

    Lehrman, Nathaniel S.

    1980-01-01

    Touches upon problems which result from abuses of governmental power--as, for example, in the case of governments diagnosing political dissenters as insane. Relates issues of power and responsibility to civil liberties and human rights. (Author/CK)

  4. Assisted Suicide in Switzerland: Clarifying Liberties and Claims.

    Science.gov (United States)

    Hurst, Samia A; Mauron, Alex

    2017-03-01

    Assisting suicide is legal in Switzerland if it is offered without selfish motive to a person with decision-making capacity. Although the 'Swiss model' for suicide assistance has been extensively described in the literature, the formally and informally protected liberties and claims of assistors and recipients of suicide assistance in Switzerland are incompletely captured in the literature. In this article, we describe the package of rights involved in the 'Swiss model' using the framework of Hohfeldian rights as modified by Wenar. After outlining this framework, we dissect the rights involved in suicide assistance in Switzerland, and compare it with the situation in England and Germany. Based on this approach, we conclude that in Switzerland, claim rights exist for those requesting suicide assistance, and for those who are considering providing such assistance, even though no entitlements exist toward suicide assistance. We then describe the implementation of the 'Swiss model' and difficulties arising within it. Clarifying these issues is important to understand the Swiss situation, to evaluate what features of it may or may not be worth correcting or emulating, and to understand how it can impact requests for suicide assistance in other countries due to 'suicide tourism'. It is also important to understand exactly what sets Switzerland apart from other countries with different legislations regarding suicide assistance. © 2016 John Wiley & Sons Ltd.

  5. The Third Axiom, or A Logic of Liberty: On the Structure of Ethics and Economics as One Unified Aprioristic Science

    Directory of Open Access Journals (Sweden)

    Peter J. Preusse

    2010-05-01

    Full Text Available In this paper, the logical structure of ethics and economics as one unified science is investigated and found to be inhomogeneously represented in Austroliberal literature. This structure is here built from axioms, deductions, and definitions: It is first established in its self-supportive bareness, secondly represented by pivotal passages of libertarian literature, and then widened by a third axiom in addition to the classical first axiom of action and the second axiom of variety. This third axiom and the deduction that follows deal with supra-individual risks for the core of self-ownership and reflect on equality of inalienable, as opposed to alienable, property.Liberty is found to be a dispensable term. Instead, self-ownership is the pivotal notion on which civilized, contractual society is founded: the rock bottom of is propositions as opposed to ought propositions. Alienable property is identified as the only effective, coessential, and congeneric protective mantle around inalienable self-ownership. Equality, with respect to this core of self-ownership, could possibly turn out to be the philosophical foundation for the claim by any ethical norm to hold true for all equally.It is the present author’s hope that, by reinforcing and emphasizing the idea of self-ownership rather than the idea of liberty, this article will foster a greater acceptance for the libertarian desire for contractual solutions to social problems.

  6. Did John Stuart Mill Reconcile Commitment to Liberty with Admittance of a Single Value Utility?

    OpenAIRE

    Tarrant, I.

    2004-01-01

    Numerous interpretations of John Stuart Mill´s utilitarianism have been proposed (in response to the above question) to date. The interpretation presented in this paper is distinctive in that it draws heavily upon multiple utility frameworks, a recent development in microeconomic theory. It is argued that such an analytical framework would enable Mill to advocate an absolute right to liberty, without betraying utilitarianism. This conclusion is at variance with Amartya Sen´s key Paretian libe...

  7. 49 CFR 1.70 - Delegations to the Director of the Departmental Office of Civil Rights.

    Science.gov (United States)

    2010-10-01

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

  8. Sobre libertad y tolerancia (a propósito del On liberty de J. S. Mill

    Directory of Open Access Journals (Sweden)

    José Montoya Saenz

    2012-03-01

    Full Text Available En la actualidad somos afortunados de vivir en sociedades donde las libertades de pensamiento y de expresión se dan por supuestas y son amparadas por la constitución y por la leyes; e incluso fuera del marco legal, por determinadas instituciones y por la opinión pública. En este sentido, el objetivo del presente artículo es tratar críticamente los dos conceptos fundamentales en la obra On liberty de J .S. Mill, a saber, "tolerancia" y "libertad". Especialmente se aborda su justificación a partir del segundo capítulo de dicha obra, titulado "of the liberty of thought and discussion".Nowadays we are fortunate to live in societies where freedom of thought and expression are taken for granted and protected by constitutions and laws, and even outside the legal framework, by certain institutions and public opinion. In this vein, the present paper aims to critically address thetwo essential concepts in on liberty by J.S. Mill, namely, "tolerance" and "liberty". In particular, the second chapter of this work, "of the liberty of thought and discussion" provides the starting point for discussion of its justification.

  9. The Statue of Liberty Deed of Presentation.

    Science.gov (United States)

    Schamel, Wynell Burroughs; Blondo, Richard A.

    1992-01-01

    Presents a history lesson based on the deed of presentation for the Statue of Liberty. Discusses the conception and history of the statue and its presentation to the United States as a gift from the people of France. Includes a copy of the document, topics for class discussion, and research, writing, and design activities. (DK)

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

    Directory of Open Access Journals (Sweden)

    Roya Ghasemzadeh

    2008-09-01

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

  11. "Priority of liberty" and the design of a two-tier health care system.

    Science.gov (United States)

    Breyer, Friedrich; Kliemt, Hartmut

    2015-04-01

    Libertarian views on rights tend to rule out coercive redistribution for purposes of public health care guarantees, whereas liberal conceptions support coercive funding of potentially unlimited access to medical services in the name of medical needs. Taking the "priority of liberty" seriously as supreme political value, a plausible prudential argument can avoid these extremes by providing systematic reasons for both delivering and limiting publicly financed guarantees. Given impending demographic change and rapid technical progress in medicine, only a two-tier system with explicitly limited public guarantees and optional privately financed health services seems acceptable. © The Author 2015. Published by Oxford University Press, on behalf of the Journal of Medicine and Philosophy Inc. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

  12. The right to fashion in the age of terrorism.

    Science.gov (United States)

    Pham, Minh-Ha T

    2011-01-01

    As part of a feminist commitment to collaboration, this article appears as a companion essay to Mimi Thi Nguyen's "The Biopower of Beauty: Humanitarian Imperialisms and Global Feminisms" and offers a point of departure for thinking about fashion and beauty as processes that produce subjects recruited to, and aligned with, the national interests of the United States in the war on terror. The Muslim woman in the veil and her imagined opposite in the fashionably modern - and implicitly Western - woman become convenient metaphors for articulating geopolitical contests of power as a human rights concern, as a rescue mission, as a beautifying mandate. This article examines newer iterations of this opposition, in the wake of September 11, 2001, in order to demonstrate the critical resonance of a biopolitics on fashion and beauty. In "The Right to Fashion in the Age of Terrorism," the author examines the relationship between the U.S. war on terror, targeting persons whose sartorial choices are described as terrorist-looking and oppressive, and the right-to-fashion discourse, which promotes fashion's mass-market diffusion as a civil liberty. Looking at these multiple invocations of the democratization of fashion, this article argues that the right-to-fashion discourse colludes with the war on terror by fabricating a neoliberal consumer-citizen who is also a couture-citizen and whose right to fashion reasserts U.S.exceptionalism, which is secured by private property, social mobility, and individualism.

  13. 78 FR 76719 - Bill of Rights Day, 2013

    Science.gov (United States)

    2013-12-18

    ... questions of citizenship and human rights, driving progress in the American mind. We learned that our Nation... anniversary of the Bill of Rights, let us reach for a day when we all may enjoy the basic truths of liberty... of Rights Day, 2013 By the President of the United States of America A Proclamation When America's...

  14. To be (or not to be) conceived in liberty

    DEFF Research Database (Denmark)

    Kurrild-Klitgaard, Peter

    2010-01-01

    Revised and expanded version of an autobiographical essay contributed to the volume "I Chose Liberty: Autobiographies of Contemporary Libertarians" (ed., Walter Block, 2010), collecting autobiographical notes from classical liberal / libertarian academics within economics, political science, law...

  15. A Resource Guide for Celebrating the Statue of Liberty and Ellis Island, 1986. Bulletin 1783.

    Science.gov (United States)

    Kerr, Myrtle; Cookston, James S.

    Compiled to help celebrate the 100th anniversary of the Statue of Liberty, this selection of books, periodicals, audiovisuals, and other educational resources was intended to help stimulate discussion, promote projects, and create awareness of the Statue of Liberty Centennial. Listed are 24 books, 18 magazine articles, and 3 films about the Statue…

  16. The Statue of Liberty Peter Max Style!

    Science.gov (United States)

    Cunningham, Kathy

    2012-01-01

    The author's school is only 30 minutes from New York City, so every year when second-graders study towns and cities, the students do a project based on New York City landmarks. This year was the Statue of Liberty. The author introduced Peter Max's famous Pop art to her students, and explained that, as the art world kept changing, artists decided…

  17. 75 FR 16819 - Notice of Proposed Information Collection for Public Comment Civil Rights Front End and Limited...

    Science.gov (United States)

    2010-04-02

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

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

    Science.gov (United States)

    Oberlander, Susan

    1989-01-01

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

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

    Science.gov (United States)

    Hughes, Richard L

    2006-01-01

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

  20. The Effect of Empowerment and Self-Determination on Health Outcomes.

    Science.gov (United States)

    Garces-Ozanne, Arlene; Kalu, Edna Ikechi; Audas, Richard

    2016-12-01

    There remains a persistent gap in health outcomes between wealthy and poor countries. Basic measures such as life expectancy and infant and under-five mortality remain divergent, with preventable deaths being unacceptably high, despite significant efforts to reduce these disparities. We examine the impact of empowerment, measured by Freedom House's ratings of country's political rights and civil liberties, while controlling for per capita gross domestic product, secondary school enrollment, and income inequality, on national health outcomes. Using data from 1970 to 2013 across 149 countries, our results suggest, quite strongly, that higher levels of empowerment have a significant positive association with life expectancy, particularly for females, and lower rates of infant and under-five mortality. Our results point to the need for efforts to stimulate economic growth be accompanied with reforms to increase the levels empowerment through increasing political rights and civil liberties. © 2016 Society for Public Health Education.

  1. Human rights reasoning and medical law: a sceptical essay.

    Science.gov (United States)

    Wall, Jesse

    2015-03-01

    I am sceptical as to the contribution that human rights can make to our evaluation of medical law. I will argue here that viewing medical law through a human rights framework provides no greater clarity, insight or focus. If anything, human rights reasoning clouds any bioethical or evaluative analysis. In Section 1 of this article, I outline the general structure of human rights reasoning. I will describe human rights reasoning as (a) reasoning from rights that each person has 'by virtue of their humanity', (b) reasoning from rights that provide 'hard to defeat' reasons for action and (c) reasoning from abstract norms to specified duties. I will then argue in Section 2 that, unless we (a) re-conceive of human rights as narrow categories of liberties, it becomes (b) necessary for our human rights reasoning to gauge the normative force of each claim or liberty. When we apply this approach to disputes in medical law, we (in the best case scenario) end up (c) 'looking straight through' the human right to the (disagreement about) values and features that each person has by virtue of their humanity. © 2014 John Wiley & Sons Ltd.

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

    Directory of Open Access Journals (Sweden)

    Franciel Munaro

    2007-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Glenn T. Eskew

    2012-01-01

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

  4. 78 FR 64037 - Notice of Hearing

    Science.gov (United States)

    2013-10-25

    ... No. 7] Notice of Hearing AGENCY: Privacy and Civil Liberties Oversight Board (PCLOB). ACTION: Notice of a hearing. SUMMARY: The Privacy and Civil Liberties Oversight Board (PCLOB) will conduct a public hearing with current and former government officials and others to address the activities and...

  5. Righting wrongs and reforming rights.

    Science.gov (United States)

    Ivey, Laurie C

    2014-03-01

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

  6. A Gift for the Giver: Helping Miss Liberty.

    Science.gov (United States)

    Wright, Corinne

    1986-01-01

    This article describes the activities of a secondary social studies teacher as she involved her class--and eventually the entire school--in activities to support the restoration of the Statue of Liberty and Ellis Island. The students raised over $1,000 by producing an ethnic foods cookbook, holding a raffle, and selling buttons. (JDH)

  7. 78 FR 9573 - Delegation of Authority To Suspend the Provisions of Title III of the Cuban Liberty and...

    Science.gov (United States)

    2013-02-08

    ... Authority To Suspend the Provisions of Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD... Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114; 22 U.S.C. 6021-6091), as...

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

    National Research Council Canada - National Science Library

    Austin, Joseph

    2007-01-01

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

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

    OpenAIRE

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

    2008-01-01

    Objectives: Civil rights may cover different aspects of citizens’ lives. All the members of the society should have equal access to the public facilities and public transportation system. Barriers and obstacles in society may limit the accessibility of these facilities to the disabled people. Methods: This article contains a part of the results in a phenomenological study of the Disability Rights. The purpose of this phenomenological study was to describe experiences of disability r...

  10. Psychiatry and human rights: a difficult relationship, but with a growing potential.

    Science.gov (United States)

    Jarab, Jan

    2015-01-01

    Persons with psychosocial disabilities (mental health problems) are under the protection of the new United Nations Convention on Rights of Persons with Disabilities (CRPD). The CRPD brings a human rights-based approach to disability: it challenges paternalistic views by emphasizing the person as a rights-holder, an active subject, and not just a passive object of care. It also represents a challenge to mainstream human rights movements and mechanisms who have long paid insufficient attention to human rights of persons with (psychosocial) disabilities. It is increasingly understood that human rights of persons with psychosocial disabilities (mental health problems) should not be seen in the narrow perspective, as if the only issue was the most controversial one, that is, deprivation of liberty. In many areas, reform-minded psychiatrists have themselves initiated human rights-friendly reforms. For instance, efforts to implement article 19 of the CRPD—independent living and inclusion in the community—are increasingly becoming part of the mainstream in mental health care. There is potential for further synergy between mental health professionals and human rights activists in looking at the whole range of civil, political, economic, and social rights listed in the Universal Declaration of Human Rights—realizing that all these rights apply also to persons with psychosocial disabilities, and working together towards removing real-life obstacles to their enjoyment.The building of bridges between the two different types of expertise should be encouraged. In this regard, psychiatry would benefit from more cooperation across borders as well as with international human rights bodies, non-governmental organizations and persons with psychosocial disabilities themselves

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

    Science.gov (United States)

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

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

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

    Directory of Open Access Journals (Sweden)

    Luis Alberto Reichelt

    2017-05-01

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

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

    Directory of Open Access Journals (Sweden)

    Petrović Nikola M.

    2013-01-01

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

  14. Aerial Photography and Imagery, Ortho-Corrected - 2013 Digital Orthophotos - Liberty County

    Data.gov (United States)

    NSGIC Education | GIS Inventory — This metadata describes the digital ortho imagery covering Liberty County, FL. This 1"=200' scale imagery is comprised of 24 bit natural color orthophotography with...

  15. Expanding the horizons of disability law in India: a study from a human rights perspective.

    Science.gov (United States)

    Chopra, Tushti

    2013-01-01

    Disabled/"differently abled" persons by virtue of being human have the right to enjoy human rights to life, liberty, equality, security, and dignity. However, due to social indifference, psychological barriers, a limited definition of "disability" entitling protection of law, and a lack of proper data, disabled persons in India remain an invisible category. Although several laws exit to ensure their full and effective participation in society, they remain insufficient as they are primarily based on the government's discretion. At the same time, whenever the judiciary finds an opportunity, it acts as a real protector of disabled persons, but it is not feasible to knock on the door of the judiciary for every request. Interestingly, various civil societies and human rights activists have occasionally asserted the rights of the disabled. However, unless the foundation stones of law are fortified, disabled persons cannot fully realize their rights. It is high time to enact effective laws, with timely implementation, to protect their interests and empower their capabilities that are based on a "rights-based approach" rather than on the charity, medical, or social approaches. Thus, the horizons of law must be expanded to provide a "human friendly environment" for all of the disabled to overcome the barriers that impair their development. © 2013 American Society of Law, Medicine & Ethics, Inc.

  16. The Right to Dissent and Its Implications for Schooling

    Science.gov (United States)

    Stitzlein, Sarah M.

    2012-01-01

    In this article Sarah Stitzlein highlights an educational right that has been largely unacknowledged in the past but has recently gained significance given renewed citizen participation in displays of public outcry on our streets and in our town halls. Dissent is typically conceived of as a negative right--a liberty that guarantees that the…

  17. What Does C-51 Mean for Academic Freedom & Campus Free Speech? CAUT Analysis of Bill C-51

    Science.gov (United States)

    Canadian Association of University Teachers, 2015

    2015-01-01

    Bill C-51, the Canadian federal government's "Anti-Terrorism Act," has sparked serious concerns about the potential impact on the basic civil liberties of all Canadians. The proposed legislation would establish criminal offences that infringe upon the right to free expression. Security agencies would be granted unprecedented and…

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

    African Journals Online (AJOL)

    RAYAN_

    have total assurance of enjoyment of the freedom of personal liberty under the law .... 11 National Human Rights Commission Nigeria Report of Prison Audit, 2009, p. 129. ..... Prisons Act also provides that the Director of the Nigerian Prison Service ..... punishment under any circumstances.95 This principle should, therefore,.

  19. 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 ...

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

    Directory of Open Access Journals (Sweden)

    Victor H. Sundquist

    2013-01-01

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

  1. Liberty of Word Order in Esperanto. Lektos: Interdisciplinary Working Papers in Language Sciences, Vol. 3, No. 2.

    Science.gov (United States)

    Verloren van Themaat, W. A.

    The liberty of deviation from the dominant word order in Esperanto and the natural languages is considered. Greenberg's classification of the languages according to four criteria, the liberty of word order in Sanskrit, and the norm of grammaticality in a constructed language are considered. Objection is made to St. Clair's argument that word order…

  2. Integrating Brain Science and Law: Neuroscientific Evidence and Legal Perspectives on Protecting Individual Liberties

    Directory of Open Access Journals (Sweden)

    Calvin J. Kraft

    2017-11-01

    Full Text Available Advances in neuroscientific techniques have found increasingly broader applications, including in legal neuroscience (or “neurolaw”, where experts in the brain sciences are called to testify in the courtroom. But does the incursion of neuroscience into the legal sphere constitute a threat to individual liberties? And what legal protections are there against such threats? In this paper, we outline individual rights as they interact with neuroscientific methods. We then proceed to examine the current uses of neuroscientific evidence, and ultimately determine whether the rights of the individual are endangered by such approaches. Based on our analysis, we conclude that while federal evidence rules constitute a substantial hurdle for the use of neuroscientific evidence, more ethical safeguards are needed to protect against future violations of fundamental rights. Finally, we assert that it will be increasingly imperative for the legal and neuroscientific communities to work together to better define the limits, capabilities, and intended direction of neuroscientific methods applicable for use in law.

  3. Still Trying to "Make the Call" on Student Cell Phones

    Science.gov (United States)

    Taylor, Kelley R.

    2008-01-01

    In fall 2007, the American Civil Liberties Union (ACLU) of Colorado accused Colorado school officials of committing felonies and violating students' privacy rights. The controversy stemmed from allegations that a high school assistant principal read and transcribed text messages from a cell phone that school officials had taken away from a…

  4. El cáncer de mama en México: evolución, panorama actual y retos de la sociedad civil History, overview and challenges of the breast cancer movement in Mexico

    Directory of Open Access Journals (Sweden)

    María Elena Maza-Fernández

    2009-01-01

    Full Text Available Este artículo ilustra la evolución que han tenido las organizaciones de la sociedad civil de lucha contra el cáncer de mama, el papel que juegan, y los cambios que debe haber para que sus actividades impacten de fondo la calidad de vida de las mujeres y hombres con esta enfermedad. Hoy día, el concepto de sociedad civil se ha transformado y retoma cierta autonomía y penetra como sinónimo de participación. La sociedad civil es protagonista de temas centrales tales como salud, derechos humanos y asistencia social entre otros. Las asociaciones de cáncer de mama cuentan con libertad para organizarse, impulsar iniciativas a favor de los demás para mejorar su bienestar y desarrollar sus potencialidades en beneficio propio y de la comunidad en la que se desenvuelven. Estas asociaciones deben enfocarse en promover cambios en el sistema que resulten en una mejora de los servicios y en consecuencia de calidad de vida.This essay describes the history of the civil society breast cancer movement in Mexico, the role played by breast cancer NGOs and the changes they must undergo for their activities to impact the quality of life of men and women dealing with this disease. The concept of civil society today has been transformed, regaining a degree of autonomy and being at the center of a participatory democracy. Civil society takes a lead role in key issues such as health, civil rights, and public welfare. Breast cancer organizations have the liberty to organize and promote initiatives that will help others' welfare and develop their full potential for the benefit of themselves and their community. These organizations must focus on promoting changes in the system that will result in better services and better quality of life for their constituents.

  5. 34 CFR 303.424 - Civil action.

    Science.gov (United States)

    2010-07-01

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

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

    Science.gov (United States)

    Nilsen, Alleen Pace

    2008-01-01

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

  7. 34 CFR 300.516 - Civil action.

    Science.gov (United States)

    2010-07-01

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

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

    Institute of Scientific and Technical Information of China (English)

    宋贻珍

    2014-01-01

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

  9. The Right to Life

    Directory of Open Access Journals (Sweden)

    Varvara Coman

    2012-05-01

    Full Text Available In the present study, we set ourselves to analyze a subject, which, due to its importance andextreme complexity, generated many discussions and controversies both at national and international level:the right to life. The great evolution of the contemporary society and the progress registered in various fieldsbrought into the attention of the states, international organizations, specialists in the field and public opinionthe pressing problem of interpreting the content and limits of the human fundamental rights and liberties. Weset ourselves to analyze the main international instruments regulating the right to life and to identify thesituations where determining the content of this fundamental right in necessary. Without the intent of acomplete work, we understand, throughout this study, to highline the great importance of the right to liferespecting for the entire humanity.

  10. The Discourse on Human Rights and the International Regime of Human Rights

    Directory of Open Access Journals (Sweden)

    Eyassu Gayim

    2016-11-01

    Full Text Available The international regime of human rights governs the kinds of freedoms, liberties, benefits, autonomy and protection which human beings are entitled to, what kind of obligations we have in this connection and what the roles of states are in recognizing and protecting these rights. Yet, the sources, foundation and justifications for these rights and who we are by nature to deserve some rights has been contentious over the centuries, not least because we live in social context, which requires balancing rights by meeting the broader community interests: political order, stability, and satisfying the general welfare. This paper re-visits the major contentious positions in the discourse on human rights for purposes of explaining how the international community has navigated when shaping the contours of the international regime of human rights. Has this regime endorsed, rejected or avoided some of these positions? Does it follow a clear political ideology?

  11. The Statue of Liberty: Double Stories Provide Historical Perspective

    Science.gov (United States)

    Britt, Judy

    2013-01-01

    Standing tall in New York Harbor, the Statue of Liberty is an enduring symbol of America. Layers of historical content and symbolism are uncovered in books that tell various parts of her story. By reading one or more of these books, students can begin to see that the experience of immigration is complex--it's not one narrative, but many that…

  12. Business plan for a national ''Hellas liberty'' ship memorial museum

    OpenAIRE

    Μόρφη, Ξανθή

    2012-01-01

    Το παρόν Επιχειρηματικό Σχέδιο επικεντρώνεται στο εγχείρημα της μετατροπής του πλοίου liberty με όνομα 'SS Arthur M. Huddell' (γνωστού ως Liberty Hellas) σε πλωτό μουσείο, το οποίο θα ονομαστεί Εθνικό Μουσείο Μνήμης Πλοίου Liberty. Στο επιχειρησιακό πλάνο περιλαμβάνονται τα ακόλουθα στοιχεία: αποστολή, βασικές αρχές, στρατηγικοί στόχοι, κόστος εκκίνησης, περιγραφή της επιχείρησης, σύντομη ιστορία των πλοίων liberty, ανάλυση επιχειρηματικού περιβάλλοντος, ανάλυση αγοράς, στρατηγική προώθησης, ...

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

    Science.gov (United States)

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

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

  14. Institutionalization of Ukrainian Nationalism: Difference of "Svoboda" ("Liberty" and "Praviy Sektor" ("Right Ssector" Ideology

    Directory of Open Access Journals (Sweden)

    Alexey A. Tokarev

    2014-01-01

    Full Text Available The article examines the history of the formation of Ukrainian nationalist parties "Svoboda" and "Praviy sektor". First, that they express a structured nationalism and Russophobia in Ukrainian political space. Secondly, in Russia it has become customary to identify one with another. The paper gives an overview of the basic civil identities in Ukraine, Eastern and Western. The author postulates that their conflict lies at the heart of the growing popularity of both nationalist parties. In addition, this process was provoked by the reunion of Crimea and Russia and by the civil war in the south-east of Ukraine. Before the Crimean crisis Ukrainian nationalism had primarily historical roots, and in many respects it was created by attitude of empire elites (the Russian and Soviet Empires to Ukrainians and their nation-state formations. After March-2014 it began to acquire a geopolitical indication exactly - Russia is perceived as an enemy. Two of the most famous actors of the Ukrainian nationalists and anarchists parties in modern Russia are "Svoboda" and "Praviy sektor". They have fundamentally different origins. "Svoboda" is a systematic force in Ukrainian politics for almost 20 years. Unlike it "Praviy sektor" was established like a party only in December 2013 within a framework of the Euromaidan. Due to the inability to compare the electoral history of both parties the author pays attention to the comparative analysis of their ideologies. Specific manifestations of extremism of "Svoboda" and "Praviy sektor" are not subjects of this research.

  15. Children's Rights, "die Antipadagogen," and the Paternalism of John Stuart Mill.

    Science.gov (United States)

    Nordenbo, Sven Erik

    1989-01-01

    Examines how John Stuart Mill would have viewed present-day educational liberalists' claims that children should be included in Mill's principle of individual liberty. Concludes that educational liberalists cannot rightly claim Mill as spokesman for their views. (KO)

  16. Rhetoric of civil conflict management: United Nations Security Council debates over the Syrian civil war

    Directory of Open Access Journals (Sweden)

    Juraj Medzihorsky

    2017-04-01

    Full Text Available This paper introduces a spatial model of civil conflict management rhetoric to explore how the emerging norm of responsibility to protect shapes major power rhetorical responses to civil war. Using framing theory, we argue that responsibility to protect functions like a prescriptive norm, such that representing a conflict as one of (1 human rights violations (problem definition, implies rhetorical support for (2 coercive outside intervention (solution identification. These dimensions reflect the problem-solution form of a prescriptive norm. Using dictionary scaling with a dynamic model, we analyze the positions of UN Security Council members in debates over the Syrian Civil War separately for each dimension. We find that the permanent members who emphasized human rights violations also used intervention rhetoric (UK, France, and the US, and those who did not used non-intervention rhetoric (Russia and China. We conclude that, while not a fully consolidated norm, responsibility to protect appears to have structured major power rhetorical responses to the Syrian Civil War.

  17. Liberty through limits: The bill of rights as limited government provisions

    Directory of Open Access Journals (Sweden)

    Patrick M. Garry

    2013-04-01

    Full Text Available Under the modern view, individual autonomy has become the primary if not exclusive focus of the Bill of Rights. But the Bill of Rights came about not because of a desire to preserve individual autonomy, nor to insulate the individual from the democratic community. The impetus for the Bill of Rights arose from the same set of concerns that motivated the original Constitution. These concerns involved creating the appropriate structures so as to keep the new central government in check. The Bill of Rights sought to further ensure that the federal government would have limited power and operate in a limited role. Not only does this limited government model coincide with the original intent underlying the Bill of Rights, but it also provides for a more objective and manageable application. Under an individual autonomy view of the Bill of Rights, courts must define the ingredients necessary for such autonomy. However, this endeavor is fraught with ambiguity, and courts must constantly pit the individual against democratic society. But under the limited government model, the judicial role is more objective. Instead of trying to define an ambiguous individual autonomy, courts simply need to focus on whether a particular right is needed so as to maintain limited government. In addition, the limited government model does not put the Bill of Rights in conflict with democratic society. Instead, it just uses the Bill of Rights to maintain a check on government, just as the original Constitution seeks to do.

  18. On The Limits of Free Speech: Towards the Fair Value of Communicative Liberties

    Directory of Open Access Journals (Sweden)

    Renato Francisquini

    2015-04-01

    Full Text Available This study addresses, from a theoretically oriented perspective, the relationship between freedom of expression and democracy, trying to assess its implications for the regulation of mass media. Starting with a legal case in which a TV channel and a journalist were prosecuted for hate speech, looking at the reaction of the São Paulo Press Association to the case, I examine three perspectives on the statute and the reach of expressive liberties—the Millian Principle, the collectivist approach, and the participatory view—which connect these liberties to the ideas of moral autonomy and self-determination. For different, but related, reasons, these views present a conception of free speech that would not garner universal agreement in a pluralistic society. Moreover, some of the ideas defended could justify rules (or the absence of them that might harm the social bases of self-respect. In opposition to these lines of thought, I argue for the fair value of communicative liberties; i.e., the idea that everyone should have access to the same rights and effective conditions to exercise communication. This means a fair distribution of opportunities for occupying the mediated public space and the establishment of rules to discourage the dissemination of ideas that fail to acknowledge the equal respect that we owe to each other as members of the political association. Democracy, I shall contend, comprises both private and public autonomy. A fair system of communicative freedom is to be seen as the outcome of and the upholding force in a democratic society.

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

    Directory of Open Access Journals (Sweden)

    Michael D.M. Bader

    2016-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Alexander Chuklin

    2017-01-01

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

  1. 28 CFR 74.15 - Notice of the right to appeal a finding of ineligibility.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Notice of the right to appeal a finding... LIBERTIES ACT REDRESS PROVISION Appeal Procedures § 74.15 Notice of the right to appeal a finding of... determination, the right to petition for a reconsideration of the determination of ineligibility to the...

  2. The Statue of Liberty: Books for Kindergarten through Grade 8.

    Science.gov (United States)

    San Diego County Office of Education, CA.

    This short annotated bibliography of books for students in kindergarten through grade 8 contains information on the history of the Statue of Liberty and its renovation that will enable students to learn more about this important American symbol. In addition to the eight books listed, information is provided on a photograph collection, a teacher's…

  3. Surveillance and Liberty in Céline's New York, the City That Doesn't Sleep (Around

    Directory of Open Access Journals (Sweden)

    Jennifer Willging

    2005-06-01

    Full Text Available This essay focuses on Ferdinand Bardamu's account of his stay in New York City in Louis-Ferdinand Céline's bleak bildungsroman, Journey to the End of the Night (1932. In it I explore the rather surprising absence of reference to the Statue of Liberty in a text narrated by a French immigrant of sorts who spends weeks on Ellis Island and who immediately personifies the city as an androgynous, steely, and indeed statue-like woman. Applying to the text Foucault's theories on the disciplinary nature of modern western society, I suggest that it is Bardamu's suspicion that he is under unobtrusive yet constant surveillance while in the Big Apple that explains his deliberate erasure of Liberty/liberty from the skyline he paints in his narrative. I further argue that Bardamu tends to see the implacable surveillance he undergoes throughout his American adventure as feminine. That is, he identifies it as emanating principally from those cold, impenetrable, but impossibly beautiful creatures—les Américaines—that this vertical and imposing mother-city has birthed.

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

    Science.gov (United States)

    Ivanc, Blaz

    2011-09-01

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

  5. Evolución del Derecho penal en el ámbito internacional. Pluralismo y garantismo jurídico-penal como criterios orientadores || Evolution Of The Supranational Criminal Law: Pluralism And Protection Of The Civil Liberties As Guiding Criteria

    Directory of Open Access Journals (Sweden)

    Jorge Correcher Mira

    2013-12-01

    Full Text Available RESUMEN La realidad social internacional presenta un nuevo paradigma que debe ser asumido por el Derecho penal. El contexto social internacional, marcado por la globalización a nivel mundial y el proceso de integración europea en el ámbito comunitario, supone una modificación de las líneas clásicas de recepción de las normas penales, demandando un tratamiento supraestatal del sistema penal. En este trabajo, se analiza desde una perspectiva crítica las propuestas de internacionalización del Derecho penal, en la medida que éstas no han seguido nociones como el pluralismo jurídico y el carácter garantista inherente al Derecho penal.   ABSTRACT The social international reality presents a new paradigm that must be taken up office for the Criminal law. The social international context, marked by the globalization worldwide and the process of European integration in the European area, supposes a modification of the classic lines of receipt of the Criminal law, demanding a supranational treatment of the Criminal System. In this work, the offers of internationalize the Criminal Law will be analyzed from a critical point of view, cause these have not followed notions as the juridical pluralism and the protection of civil liberties inherent in the Criminal Law.

  6. Evolución del Derecho penal en el ámbito internacional. Pluralismo y garantismo jurídico-penal como criterios orientadores || Evolution Of The Supranational Criminal Law: Pluralism And Protection Of The Civil Liberties As Guiding Criteria

    Directory of Open Access Journals (Sweden)

    Jorge Correcher Mira

    2013-12-01

    Full Text Available RESUMEN La realidad social internacional presenta un nuevo paradigma que debe ser asumido por el Derecho penal. El contexto social internacional, marcado por la globalización a nivel mundial y el proceso de integración europea en el ámbito comunitario, supone una modificación de las líneas clásicas de recepción de las normas penales, demandando un tratamiento supraestatal del sistema penal. En este trabajo, se analiza desde una perspectiva crítica las propuestas de internacionalización del Derecho penal, en la medida que éstas no han seguido nociones como el pluralismo jurídico y el carácter garantista inherente al Derecho penal.   ABSTRACT The social international reality presents a new paradigm that must be taken up office for the Criminal law. The social international context, marked by the globalization worldwide and the process of European integration in the European area, supposes a modification of the classic lines of receipt of the Criminal law, demanding a supranational treatment of the Criminal System. In this work, the offers of internationalize the Criminal Law will be analyzed from a critical point of view, cause these have not followed notions as the juridical pluralism and the protection of civil liberties inherent in the Criminal Law.  

  7. Aerial Photography and Imagery, Ortho-Corrected - 2007 Digital Orthophotos - Franklin, Gadsden, Liberty Counties

    Data.gov (United States)

    NSGIC Education | GIS Inventory — RGB digital orthophotos covering Franklin, Liberty and Gadsden Counties, Florida Tiles were cut to pre-determined 5000' x 5000' windows as supplied by the Florida...

  8. THE ECONOMICAL IMPLICATIONS OF THE MODIFYING LAW 31/1990 REGARDING THE COMPANIES AND THE NEW CIVIL CODE ON PROPERTY RELATIONS BETWEEN SPOUSES

    Directory of Open Access Journals (Sweden)

    OANA RĂVAŞ

    2012-10-01

    Full Text Available Matrimonial regime is the synthesis of all the rights and obligations of spouses pecuniary valence, having its origins in the institution of marriage, leaving outside their regulatory and other economic issues that may arise property relationships between spouses, as: maintenance obligation, Liberties rights of inheritance. matrimonial regime, considering that it is the synthesis of all the rights and obligations of spouses pecuniary valence, having its origins in the institution of marriage, leaving outside their regulatory and other economic issues that may arise property relationships between spouses, such as: the obligation maintenance, Liberties, rights of Inheritance. Under company law, spouses are not forbidden to own a company, whether it one partnerships, or that they have an association with unlimited in a limited partnership or limited by shares or a company is limited or become shareholders in a joint stock company.

  9. Judicial civil procedure dragging out in Kosovo

    Directory of Open Access Journals (Sweden)

    Rrustem Qehaja

    2016-03-01

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

  10. Freedom of conscience and health care in the United States of america: the conflict between public health and religious liberty in the patient protection and affordable care act.

    Science.gov (United States)

    West-Oram, Peter

    2013-09-01

    The recent confirmation of the constitutionality of the Obama administration's Patient Protection and Affordable Care Act (PPACA) by the US Supreme Court has brought to the fore long-standing debates over individual liberty and religious freedom. Advocates of personal liberty are often critical, particularly in the USA, of public health measures which they deem to be overly restrictive of personal choice. In addition to the alleged restrictions of individual freedom of choice when it comes to the question of whether or not to purchase health insurance, opponents to the PPACA also argue that certain requirements of the Act violate the right to freedom of conscience by mandating support for services deemed immoral by religious groups. These issues continue the long running debate surrounding the demands of religious groups for special consideration in the realm of health care provision. In this paper I examine the requirements of the PPACA, and the impacts that religious, and other ideological, exemptions can have on public health, and argue that the exemptions provided for by the PPACA do not in fact impose unreasonable restrictions on religious freedom, but rather concede too much and in so doing endanger public health and some important individual liberties.

  11. Optimization Evaluation: Lee Chemical Superfund Site, City Of Liberty, Clay County, Missouri

    Science.gov (United States)

    The Lee Chemical Superfund Site (site) is located along Missouri Highway 210 in Liberty, Missouri, approximately 15 miles east of Kansas City, Missouri. Currently, the site is a vacant lot of approximately2.5 acres in a flat alluvial plain.

  12. Congress' Record on Civil Rights

    Science.gov (United States)

    Javits, Jacob

    1975-01-01

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

  13. Conscientious objection to military service in international human rights instruments

    OpenAIRE

    Kavaliauskaitė, Ernesta

    2010-01-01

    Current debates on conscientious objection to military service reveal a conflict between conscription and individual freedom of conscience; they question the scope of human rights and liberties as well as raise an issue of their extension. The majority of member states of UN and CoE officially recognize a right to conscientious objection. However, the flow of complaints to international human rights monitoring bodies demonstrates absence of a general consensus on the concept, origin and legal...

  14. The importance of values in predicting Turkish youth's opinions about the European Union in light of the Copenhagen Political Criteria.

    Science.gov (United States)

    Kuşdil, M Ersin; Simşek, Sefa

    2008-12-01

    The enlargement process of the European Union may be regarded as one of the most important social projects of human history in that it is trying to unite several nation-states under a "European identity." As a historically and culturally "distant" candidate, Turkey has been asked to meet a set of expectations referred to as the "Copenhagen Criteria," requiring a series of large-scale reforms to the infrastructure and superstructure of the country. Taking advantage of the unique opportunity to relate Turkish people's opinions on the criteria to their values, hypotheses based on Schwartz's model of values were tested. Schwartz's Personal Values Questionnaire and a questionnaire measuring opinions on the criteria and the Union were completed by 368 Turkish university students. Factor analysis of the opinion items yielded five factors: reduction of military influence in civil life, scepticism towards Europe and the European Union, improvement of human rights and liberties, improvement of minority rights, and lack of transparency in public institutions. Regression analyses showed that values and nationalism were powerful predictors of opinions whereas the effect of religiosity was limited only to the prediction of a preference for the reduction of military influence in civil life. Preference for openness to change values were successful in predicting variance in three of the five criteria: The more the participants favoured these values, the more they supported the improvement of human rights and liberties, the improvement of minority rights, and regretted the lack of transparency. Self-transcendence values were also positively related to support for the same three criteria together with a preference for reduction of military influence. As for nationalism, the results showed that this variable was related negatively to reduction of the military influence, improvement of human rights and liberties, improvement of minority rights; and positively to scepticism.

  15. Knowingly but naively: The overpowering influence of innocence on interrogation rights decision-making.

    Science.gov (United States)

    Scherr, Kyle C; Normile, Christopher J; Bierstetel, Sabrina J; Franks, Andrew S; Hawkins, Ian

    2018-02-01

    Most suspects waive the guaranteed protections that interrogation rights afford them against police intimidation. One factor thought to motivate suspects' inclination to waive their rights stems from the acquiescence bias whereby suspects mindlessly comply with interrogators' requests. However, research bearing on the phenomenology of innocence has demonstrated the power of innocents' mindset, which could motivate some innocent suspects to waive their rights knowingly (instead of mindlessly complying). To test these ideas, participants (N = 178) were (a) rightfully (guilty) or wrongfully (innocent) accused of wrongdoing during an experimental session, (b) administered 1 of 2 forms that by signing either waived or invoked their rights to a student advocate, and (c) given questions to assess their degree of knowing during the decision-making process (i.e., extent to which individuals were cognizant of their decisions). Results demonstrated that unknowing innocent and guilty individuals tended to passively comply, engaging in a pre-interrogation acquiescence bias by signing waive and invoke forms at similar rates. But, as participants became more cognizant of their decisions, they acquiesced at lower rates and their change from acquiescence differed depending on their status. As innocents became more cognizant, they signed the waiver form at higher rates than the invoke form, thereby demonstrating that innocence can motivate some suspects to knowingly forgo their rights. Conversely, as guilty individuals became more cognizant, they signed the invoke form at higher rates than the waiver form. These findings have implications for reforming pre-interrogation protocols, protecting suspects' civil liberties, and preventing innocents from offering false self-incriminating evidence. (PsycINFO Database Record (c) 2018 APA, all rights reserved).

  16. Civil Procedure In Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

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

  17. Review of Los nuevos amos de la tierra. Land Grabbing (Liberti, 2015

    Directory of Open Access Journals (Sweden)

    Germán Ignacio Ochoa

    2017-01-01

    Full Text Available Stefano Liberti. 2015. Los nuevos amos de la tierra. Land Grabbing. Bogotá: Penguin Random House Grupo Editorial. 250 pp. ISBN: 9788430616886. [Título original en italiano: Land Grabbing. Come il mercato delle terre crea il nuovo colonialismo].

  18. Suitable for human beings. Working world - genetic engineering - new technologies - ways of life - public authority. Documentation. Menschengerecht. Arbeitswelt - Genforschung - Neue Technik - Lebensformen - Staatsgewalt. Dokumentation

    Energy Technology Data Exchange (ETDEWEB)

    Daeubler-Gmelin, H.; Adlerstein, W. (eds.)

    1986-01-01

    If a society decides to make use of the advantages of technologies that at the same time bear extensive potentials of harm, society has to prevent abuse of these potentials. Physical protection and other security measures inevitably entail a curtailment of personal liberty. The civil rights will not provide sufficient protection against such creeping loss of personal freedom. The high priority of the objects of legal protection in question will make it necessary to specify the civil rights according to conditions if the security measures are to become effective in practice. Weighing the legal merits and the principle of reasonableness will be the main instruments that will pave the way for a camouflaged change of legal concepts and, finally, a factual restriction of civil rights. Any policy of law intended to protect the civil rights therefore will have to clain responsible participation in research activities, technological development, and energy policy. The policy of law has to take care that the criterion of compatibility with the constitution, the weakening or strengthening effect of a technological system on the civil rights, will duly be taken into account in the process of democratic technology steering, and as early as possible. (orig./HSCH).

  19. Human Rights in the West

    Directory of Open Access Journals (Sweden)

    Jorgen S. Nielsen

    1996-12-01

    Full Text Available One of the areas of conflict between Islam and the West in today’s world is the concern for human rights. This has sometimes been criticized in the Muslim world as a form of neo-imperialism. It is therefore necessary to understand the various dimensions of human rights, and the various phases through which this concern has grown. In the earliest form, it was an assertion of the rights of the landed aristocracy against those of the monarch. The French revolution, with its emphasis on "liberty, equality and fraternity," for all individuals, provided another dimension. There were many occasions on which individual and organized religion came into conflict during the Middle Ages. The experience of World War II, particularly the atrocities of the Nazis, led to the internationalization of individual rights.

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

    Directory of Open Access Journals (Sweden)

    Anna Augustynowicz

    2018-04-01

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

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

    Science.gov (United States)

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

    2013-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Ramelia Williams

    2016-08-01

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

  3. Hume, liberty and the object of moral evaluation

    Directory of Open Access Journals (Sweden)

    André Klaudat

    2003-12-01

    Full Text Available Hume's project concerning the conflict between liberty and necessity is ";reconciliatory";. But what is the nature of Hume's project? Does he solve a problem in metaphysics only? And when Hume says that the dispute between the doctrines of liberty and necessity is merely verbal, does he mean that there is no genuine metaphysical dispute between the doctrines? In the present essay I argue for: (1 there is room for liberty in Hume's philosophy, and not only because the position is pro forma compatibilist, even though this has importance for the recognition that Hume's main concern when discussing the matter is with practice; (2 the position does not involve a ";subjectivization"; of every form of necessity: it is not compatibilist because it creates a space for the claim that the operations of the will are non-problematically necessary through a weakning of the notion of necessity as it applies to external objects; (3 Hume holds that the ordinary phenomena of mental causation do not preempt the atribuition of moral responsibility, which combines perfectly with his identification of the object of moral evaluation: the whole of the character of a person, in relation to which there is, nonetheless, liberty. I intend to support my assertions by a close reading of what Hume states in section 8 of the first Enquiry.O projeto de Hume em relação ao conflito entre liberdade e necessidade é ";reconciliatório";. Mas qual é a natureza do projeto de Hume? Resolve ele um problema que diz respeito à metafísica somente? E quando Hume afirma que a disputa entre as doutrinas da liberdade e da necessidade é meramente verbal, quer ele dizer que não há nenhuma disputa metafísica genuína entre as doutrinas? No presente trabalho eu argumento a favor de (1 que há lugar para a liberdade na filosofia de Hume, e não somente porque a posição é pro forma compatibilista, mesmo que isto tenha importância para o reconhecimento de que a preocupação maior de

  4. Ukrainian Topics in the Radio Liberty Programs (1950s-1970s (Based on M. Demkovych-Dobrianskyi’s archive

    Directory of Open Access Journals (Sweden)

    D. M. Kravets

    2017-12-01

    Full Text Available The paper deals with Radio Liberty programs devoted to Ukrainian topics: history, culture, policy etc. Presented paper is based on the Mykhaylo Demkovych-Dobrianskyi personal archive. M. Dobrianskyi (1905–2004 was one of the first chief-editors of the Ukrainian edition of Radio Liberty in Munich. The paper describes his biography and intellectual heritage. He studied jurisprudence in Lviv, Vienna and Berlin. Worked as an editor in different Ukrainian newspapers and journals. During 1956–1972 M. Dobrianskyi was professionally affiliated with Radio Liberty. After retirement, he lived in London. M. Dobrianskyi was an author of hundreds of radio programs dedicated to: Ukrainian-Russian relations (especially huge influence of Ukrainian scholars on Russian history, problems of Ukrainian culture in the Soviet Union (russification, lack of dictionaries and audio types with Ukrainian songs etc., role of Ukrainian dissidents in the USSR (series of programs devoted to V. Chornovil, I. Dziuba etc., situation in Ukrainian Catholic Church.

  5. Reproductive autonomy as self-making: procreative liberty and the practice of ethical subjectivity.

    Science.gov (United States)

    Mills, Catherine

    2013-12-01

    In this article, I consider recent debates on the notion of procreative liberty, to argue that reproductive freedom can be understood as a form of positive freedom-that is, the freedom to make oneself according to various ethical and aesthetic principles or values. To make this argument, I draw on Michel Foucault's later work on ethics. Both adopting and adapting Foucault's notion of ethics as a practice of the self and of liberty, I argue that reproductive autonomy requires enactment to gain meaning within the life contexts of prospective parents. Thus, I propose a shift away from the standard negative model of freedom that sees it solely as a matter of noninterference or nonimpedance, a view advocated by major commentators such as John Harris and John Robertson. Instead, reproduction should be understood as a deeply personal project of self-making that integrates both negative and positive freedom.

  6. 77 FR 69789 - Foreign-Trade Zone 171-Liberty County, TX; Application for Reorganization/Expansion Under...

    Science.gov (United States)

    2012-11-21

    ... zones and can permit significantly greater flexibility in the designation of new subzones or ``usage..., Highway FM 787, Liberty; Site 5 (583.081 acres)--Sjolander Plastics Storage Railyard facility, adjacent to...

  7. PREVENTIVE MEASURES - EXCEPTION TO THE PRINCIPLE OF THE RIGHT TO LIBERTY AND SECURITY

    Directory of Open Access Journals (Sweden)

    Marin-Alin DĂNILĂ

    2016-05-01

    Full Text Available Considering the specific obligations arising from the exercise of criminal action and civil action in criminal proceedings and taking into account the need to ensure a better conduct of activities that are undertaken in solving criminal cases, it sometimes appears necessary, taking certain procedural measures. Procedural measures were defined [1] as institutions available for criminal procedural law and criminal judicial bodies consisting of privations or certain constraints, real or personal, of the conditions and circumstances under which the criminal proceedings are being realized. By the function pursued by the legislature, these measures work as a legal means of prevention or suppression of circumstances or situations likely to jeopardize the effectiveness of the criminal proceedings through the obstacles, difficulties and confusion which they can produce [2]. Procedural measures arise as opportunities, but not being specific to any criminal case, judicial bodies take measures according to the specific circumstances of each criminal case. From this derives the adjacent character of the criminal procedural measures to the main job [3].

  8. The Daily Me: A Response to "Tocqueville on Democracy and Inclusive Education--A More Ardent and Enduring Love of Equality than of Liberty"

    Science.gov (United States)

    Smith, Anne

    2009-01-01

    This article presents the author's response to "Tocqueville on Democracy and Inclusive Education: A More Ardent and Enduring Love of Equality than of Liberty" written by Steven Connolley and Rune Sarromaa Hausstatter. Connolley and Hausstatter frame their critique of inclusive education and its relationship to democracy, liberty and equality using…

  9. Tribespeople, Idiots, or Citizens? Religious Liberty and the Reforging of American Public Philosophy.

    Science.gov (United States)

    Guiness, Os

    1990-01-01

    Examines the current relationship between religious liberty and U.S. democracy. Presents a proposal to reforge the U.S. public philosophy according to the notion of chartered pluralism that celebrates the diversity embodied in the First Amendment. Ties this to the conflict between communitarianism and libertarianism. (DB)

  10. Damaging the Future: The Health Rights of Children and the Issue of Short-Termism; Issues Facing Australian Bioethicists.

    Science.gov (United States)

    Dalton-Brown, Sally

    2018-07-01

    This article considers recent ethical topics in Australia relating to the health rights of children in the contexts of (1) detention centers, (2) vaccination, and (3) procreative liberty, within a wider framework of discussion of the competing rights of society, parents, the child, and future generations.

  11. Dis/Graceful Liberties: Textual Libertinism/ Libertine Texts in J.M. Coetzee’s Disgrace

    Directory of Open Access Journals (Sweden)

    Driss Hager Ben

    2017-12-01

    Full Text Available This essay addresses J.M. Coetzee’s Disgrace, a Booker Prize winner in 1999. The novel captures South African political and cultural turmoil attending the post-apartheid transitional period. Far from overlooking the political allegory, I propose instead to expand on a topic only cursorily developed elsewhere, namely liberty and license. The two terms foreground the textual dynamics of the novel as they compete and/or negotiate meaning and ascendency. I argue that Disgrace is energized by Coetzee’s belief in a total liberty of artistic production. Sex is philosophically problematized in the text and advocated as a serious issue that deserves artistic investigation without restriction or censorship. This essay looks into the subtle libertinism in Coetzee’s text, which displays pornographic overtones without exhibiting a flamboyant libertinage. Disgrace acquires its libertine gesture from its dialogue with several literary works steeped in libertinism. The troubled relationship between the aesthetic and the ethical yields an ambiguous text that invites a responsible act of reading.

  12. 78 FR 56852 - Exemption of Records Systems Under the Privacy Act

    Science.gov (United States)

    2013-09-16

    ... responsible for civil proceedings related to laws against drug trafficking or related financial crimes or... investigations, criminal or civil law enforcement proceedings, and other law enforcement activities; would impose... Civil Liberties, National Place Building, 1331 Pennsylvania Avenue NW., Suite 1000, Washington, DC 20530...

  13. 2014 - 2015 Civil Affairs Issue Papers: The Future of Civil Affairs

    Science.gov (United States)

    2015-02-18

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

  14. The European Court of Human Rights, Secular Education and Public Schooling

    Science.gov (United States)

    Arthur, James; Holdsworth, Michael

    2012-01-01

    Since 9/11 the European Court of Human Rights (the European Court) has raised anew the question of the relationship between religion and public education. In its reasoning, the European Court has had to consider competing normative accounts of the secular, either to accept or deny claims to religious liberty within Europe's public education…

  15. 78 FR 38811 - Organization and Delegation of Powers and Duties; Correction

    Science.gov (United States)

    2013-06-28

    ... 0311-AA02 Organization and Delegation of Powers and Duties; Correction AGENCY: Privacy and Civil... amendment: PART 1000--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES OF THE PRIVACY AND CIVIL LIBERTIES...

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

    Directory of Open Access Journals (Sweden)

    Márcia Regina Pitta Lopes Aquino

    2006-12-01

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

  17. Suitable for human beings

    International Nuclear Information System (INIS)

    Daeubler-Gmelin, H.; Adlerstein, W.

    1986-01-01

    If a society decides to make use of the advantages of technologies that at the same time bear extensive potentials of harm, society has to prevent abuse of these potentials. Physical protection and other security measures inevitably entail a curtailment of personal liberty. The civil rights will not provide sufficient protection against such creeping loss of personal freedom. The high priority of the objects of legal protection in question will make it necessary to specify the civil rights according to conditions if the security measures are to become effective in practice. Weighing the legal merits and the principle of reasonableness will be the main instruments that will pave the way for a camouflaged change of legal concepts and, finally, a factual restriction of civil rights. Any policy of law intended to protect the civil rights therefore will have to clain responsible participation in research activities, technological development, and energy policy. The policy of law has to take care that the criterion of compatibility with the constitution, the weakening or strengthening effect of a technological system on the civil rights, will duly be taken into account in the process of democratic technology steering, and as early as possible. (orig./HSCH) [de

  18. Understanding the copper of the Statue of Liberty

    Science.gov (United States)

    Welter, Jean-Marie

    2006-05-01

    Pierre-Eugène Secrétan, a French copper industrialist, donated the copper sheets for the construction of the skin of the Statue of Liberty when it was built in 1875 1876. It can be inferred from the history of Secrétan's activities that the sheets were rolled in his plant of Sérifontaine. The impurities found in two samples obtained from the U.S. National Park Service show that different qualities of copper were used. They indicate, by taking also into account the commercial relations of Secrétan, that the copper may possibly have come from Spanish or South/North American ore.

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

    Science.gov (United States)

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

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

  20. Towards new human rights in the age of neuroscience and neurotechnology.

    Science.gov (United States)

    Ienca, Marcello; Andorno, Roberto

    2017-12-01

    Rapid advancements in human neuroscience and neurotechnology open unprecedented possibilities for accessing, collecting, sharing and manipulating information from the human brain. Such applications raise important challenges to human rights principles that need to be addressed to prevent unintended consequences. This paper assesses the implications of emerging neurotechnology applications in the context of the human rights framework and suggests that existing human rights may not be sufficient to respond to these emerging issues. After analysing the relationship between neuroscience and human rights, we identify four new rights that may become of great relevance in the coming decades: the right to cognitive liberty, the right to mental privacy, the right to mental integrity, and the right to psychological continuity.

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

    Directory of Open Access Journals (Sweden)

    N. V. Marchenko

    2014-04-01

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

  2. New Measures of Gender Inequality: The Social Institutions and Gender Index (SIGI)and its Subindices

    OpenAIRE

    Branisa, Boris; Klasen, Stephan; Ziegler, Maria

    2009-01-01

    In this paper we construct the Social Institutions and Gender Index (SIGI) and its five subindices Family code, Civil liberties, Physical integrity, Son Preference and Ownership rights using variables of the OECD Gender, Institutions and Development database. Instead of measuring gender inequalities in education, health, economic or political participation, these new indices allow a new perspective on gender issues in developing countries. The SIGI and the subindices measure long-lasting soci...

  3. The Institutional Basis of Gender Inequality

    OpenAIRE

    Branisa, Boris; Ziegler, Maria; Klasen, Stephan

    2010-01-01

    In this paper we construct the Social Institutions and Gender Index (SIGI) and its five subindices Family code, Civil liberties, Physical integrity, Son Preference and Ownership rights using variables of the OECD Gender, Institutions and Development database. Instead of measuring gender inequality in education, health, economic or political participation, these indices allow a new perspective on gender issues in developing countries. The SIGI and the subindices measure long-lasting social ins...

  4. Deuteronomy and Human Rights

    Directory of Open Access Journals (Sweden)

    G. Braulik

    1998-08-01

    Full Text Available If one compares the articles of the "Universal Declaration of Human Rights" dated December 10th, 1948, with the regulations of the book of Deuteronomy, one detects a surprising abundance of correspondences, or at least of similar tendencies, between them. As the social theorists of the seventeenth and eighteenth centuries, the architects of the catalogue of Human Rights, knew the Scripture very well. References to Deuteronomy are historically well probable and factually hardly coincidental. Deuteronomy rightly boasts about its social laws (4:8 that are unique in the Ancient Near East. The paper orientates itself to the short formula of Human Rights and at the same time to the normative basic character of each human right, as it is formulated in the first article of the declaration: "liberty", "equality", "fraternity". Each of these basic categories are concretised in terms of several Deuteronomic regulations and prove themselves to be central matters of concern within the YHWH religion. Finally, it is outlined how the connection between Deuteronomy and modem expressions of human rights might be explained, and further it is shown what actually makes up the peculiarity of biblical thinking on human rights.

  5. Health research and systems' governance are at risk: should the right to data protection override health?

    Science.gov (United States)

    Di Iorio, C T; Carinci, F; Oderkirk, J

    2014-07-01

    The European Union (EU) Data Protection Regulation will have profound implications for public health, health services research and statistics in Europe. The EU Commission's Proposal was a breakthrough in balancing privacy rights and rights to health and healthcare. The European Parliament, however, has proposed extensive amendments. This paper reviews the amendments proposed by the European Parliament Committee on Civil Liberties, Justice and Home Affairs and their implications for health research and statistics. The amendments eliminate most innovations brought by the Proposal. Notably, derogation to the general prohibition of processing sensitive data shall be allowed for public interests such as the management of healthcare services,but not health research, monitoring, surveillance and governance. The processing of personal health data for historical, statistical or scientific purposes shall be allowed only with the consent of the data subject or if the processing serves an exceptionally high public interest, cannot be performed otherwise and is legally authorised. Research, be it academic, government,corporate or market research, falls under the same rule.The proposed amendments will make difficult or render impossible research and statistics involving the linkage and analysis of the wealth of data from clinical,administrative, insurance and survey sources, which have contributed to improving health outcomes and health systems performance and governance; and may illegitimise efforts that have been made in some European countries to enable privacy-respectful data use for research and statistical purposes. If the amendments stand as written, the right to privacy is likely to override the right to health and healthcare in Europe.

  6. Why new tools were developed for the 'GeoPortalNetwork : Liberty United" project

    NARCIS (Netherlands)

    Vanmeulebrouk, B.; Van Swol, R.; Kuyper, M.; Bulens, J.; Zevenbergen, J.A.

    2009-01-01

    As part of the national innovation co-funding scheme “Space for Geo-information” the project “GeoPortal Network: Liberty United” ran from late 2005 till the end of 2008. Purpose of the project was to promote access to geo-spatial information via web services. To achieve this goal, a network of

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

    Science.gov (United States)

    Cohen, Jonathan; Ezer, Tamar

    2013-12-12

    The concept of "human rights in patient care" refers to the application of human rights principles to the context of patient care. It provides a principled alternative to the growing discourse of "patients' rights" that has evolved in response to widespread and severe human rights violations in health settings. Unlike "patients' rights," which is rooted in a consumer framework, this concept derives from inherent human dignity and neutrally applies universal, legally recognized human rights principles, protecting both patients and providers and admitting of limitations that can be justified by human rights norms. It recognizes the interrelation between patient and provider rights, particularly in contexts where providers face simultaneous obligations to patients and the state ("dual loyalty") and may be pressured to abet human rights violations. The human rights lens provides a means to examine systemic issues and state responsibility. Human rights principles that apply to patient care include both the right to the highest attainable standard of health, which covers both positive and negative guarantees in respect of health, as well as civil and political rights ranging from the patient's right to be free from torture and inhumane treatment to liberty and security of person. They also focus attention on the right of socially excluded groups to be free from discrimination in the delivery of health care. Critical rights relevant to providers include freedom of association and the enjoyment of decent work conditions. Some, but not all, of these human rights correspond to rights that have been articulated in "patients' rights" charters. Complementary to—but distinct from—bioethics, human rights in patient care carry legal force and can be applied through judicial action. They also provide a powerful language to articulate and mobilize around justice concerns, and to engage in advocacy through the media and political negotiation. As "patients' rights" movements and

  8. 77 FR 2957 - Application for Manufacturing Authority, Liberty Pumps, Inc. (Submersible and Water Pumps...

    Science.gov (United States)

    2012-01-20

    ... formally filed on January 12, 2012. The Liberty Pumps, Inc., facility (108 employees, 9.1 acres, production... from abroad (representing 30 to 40% of the value of the finished pumps) include: Plastic (polyamide) resins, plastic boxes/cases/tanks, articles of plastic, rubber gaskets/seals, labels, wood pallets...

  9. CIVIL JUSTICE IN SOUTH AFRICA

    Directory of Open Access Journals (Sweden)

    D. Van Loggerenberg

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Mirela Costache

    2011-05-01

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

  11. NRC Information Notice No. 93-01: Accuracy of motor-operated valve diagnostic equipment manufactured by Liberty Technologies

    International Nuclear Information System (INIS)

    Grimes, B.K.

    1993-01-01

    Most licensees rely on MOV diagnostic equipment to provide information on the thrust delivered by the motor actuator in opening or closing its valve. The various types of MOV diagnostic equipment estimate valve stem thrust using different parameters, such as displacement of the spring pack or strain in the stem, mounting bolts, or yoke. Liberty Technologies has developed MOV diagnostic equipment, referred to as the Valve Operation Test and Evaluation System (VOTES), that estimates the thrust needed to open or close a valve based on strain of the valve yoke. The VOTES equipment derives thrust from yoke strain that has been calibrated to stem thrust using measured diametral strain of the valve stem and nominal engineering material properties. On October 2, 1992, Liberty Technologies notified the NRC that it had determined that two new factors can affect the thrust values obtained with its equipment. Those factors involve (1) the possible use of improper stem material constants and (2) the failure to account for a torque effect when the VOTES equipment is calibrated by measuring strain in the threaded portion of the valve stem. Liberty Technologies provided information on performing manual calculations to address these factors and stated that its new software, Version 2.3, assists in performing corrections to the thrust data

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

    Directory of Open Access Journals (Sweden)

    Prezelj Iztok

    2015-12-01

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

  13. Global Standards of Market Civilization

    DEFF Research Database (Denmark)

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

  14. Do authoritarians vote for authoritarians? Evidence from Latin America

    Directory of Open Access Journals (Sweden)

    Mollie J. Cohen

    2016-12-01

    Full Text Available During the 2016 presidential election campaign in the United States, scholars argued that authoritarian visions of the family are associated with support for Donald Trump, a candidate also noted to exhibit authoritarian or illiberal tendencies. Though it is plausible that “authoritarian” citizens (defined by parenting attitudes vote for “authoritarian” candidates (defined by disrespect for democratic institutions, past research provides relatively little guide regarding this relationship. One reason is that few US candidates announce overtly authoritarian views. Latin America, by contrast, has had many such candidates. We take advantage of this variation using the 2012 AmericasBarometer, which applied a battery of authoritarian parenting attitudes. We first describe mass authoritarianism across Latin America, showing it is associated with many social attitudes. We then examine authoritarians’ voting behavior, distinguishing between support for “mano dura” (“strong arm” candidates, who are usually rightists, and for candidates threatening violations of general civil liberties, who are often leftists in Latin America. We find that authoritarians tend to vote for right-wing authoritarian candidates, while authoritarianism boosts support for candidates threatening civil liberty violations only among citizens identifying on the ideological right. Education is the most consistent determinant reducing support for both leftist and rightist authoritarian candidates.

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

    Directory of Open Access Journals (Sweden)

    Тетяна Андріївна Цувіна

    2017-09-01

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

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

    Science.gov (United States)

    Pomeranz, Jennifer L

    2018-01-01

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

  17. The Human Right to Peace

    Directory of Open Access Journals (Sweden)

    Carlos Villán Durán

    2014-10-01

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

  18. The human factor: enhancing women's rights.

    Science.gov (United States)

    Steinzor, N

    1995-01-01

    The Universal Declaration of Human Rights, adopted by the UN in 1948, declares that all human beings are born free and equal in dignity and rights, and that everyone has the right to life, liberty, and security of person. In practice, however, far from everyone has these rights, especially women. Many women worldwide have neither the awareness of nor access to family planning methods with which they could regulate their fertility and childbearing. Thus deprived of their reproductive freedom, these women cannot pursue education, employment, and other life options which would otherwise be readily available to them were they not saddled with poor reproductive health and too many children. Expanded choices enhance the status of women, which in turn helps them to reduce fertility rates and stabilize population growth. The author discusses how the wide range of cultural and social norms, and economic and political systems worldwide make it very difficult and complex to actually implement universal human rights.

  19. Ronald Reagan's Civil Religion.

    Science.gov (United States)

    Fulmer, Hal W.

    Ronald Reagan's rhetorical presidency can be summarized as a leader attempting, at virtually every occasion, to stem the dissolution of the American spirit by celebrating the country's mythic past. Such attempts were Reagan's celebration of nationalism through a particular discussion of the interrelationships between liberty, freedom, democracy,…

  20. 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

  1. [History, overview and challenges of the breast cancer movement in Mexico].

    Science.gov (United States)

    Maza-Fernández, María Elena; Vecchi-Martini, Elda

    2009-01-01

    This essay describes the history of the civil society breast cancer movement in Mexico, the role played by breast cancer NGOs and the changes they must undergo for their activities to impact the quality of life of men and women dealing with this disease. The concept of civil society today has been transformed, regaining a degree of autonomy and being at the center of a participatory democracy. Civil society takes a lead role in key issues such as health, civil rights, and public welfare. Breast cancer organizations have the liberty to organize and promote initiatives that will help others' welfare and develop their full potential for the benefit of themselves and their community. These organizations must focus on promoting changes in the system that will result in better services and better quality of life for their constituents.

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

    Directory of Open Access Journals (Sweden)

    Janku Martin

    2015-12-01

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

  3. Increasing Effectiveness and Efficiency Through Risk-Based Deployments

    Science.gov (United States)

    2015-12-01

    Shaw and Henry McKay, both University of Chicago professors, began using maps to understand juvenile delinquency better in Chicago, IL.36 In the...André-Michel Guerry’s Ordonnateur Statistique: The First Statistical Calculator?,” The American Statistician 66, no. 3 (August 1, 2012): 195–200...micro or macro levels using basic inferential statistics .”91 5. Protecting Civil Rights and Liberties It is also important to note that a risk

  4. A Legal Approach to Civilian Use of Drones in Europe. Privacy and Personal Data Protection Concerns

    OpenAIRE

    Pauner Chulvi, Cristina; Viguri Cordero, Jorge Agustín

    2015-01-01

    Drones are a growth industry evolving quickly from military to civilian uses however, they have the potential to pose a serious risk to security, privacy and data protection. After a first stage focused on safety issues, Europe is facing the challenge to develop a regulatory framework for drones integration into the airspace system while safeguarding the guarantees of fundamental rights and civil liberties. This paper analyses the potential privacy and data protection risks ...

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

    Directory of Open Access Journals (Sweden)

    Т. Цувіна

    2015-11-01

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

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

    OpenAIRE

    Skaar, Elin

    2013-01-01

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

  7. John Stuart Mill on the liberty of the mentally ill: a historical note.

    Science.gov (United States)

    Monahan, J

    1977-12-01

    The author discusses the quote from Mill's On Liberty that is often cited by libertarians in opposition to involuntary commitment of the mentally ill. This quote has been taken out of context; other statements in the document indicate that Mill excluded from his libertarian credo those "without the ordinary amount of understanding," i.e., those people who would now be considered mentally ill.

  8. Human Rights in Times of Social Insecurity: Canadian Experience and Inter-American Perspectives

    OpenAIRE

    Provost, René

    2017-01-01

    Canada’s experience in the war against terrorism goes back to the seventies, and continues to develop nowadays, with the last direct terrorist activity in 2017. The Canadian Government reacted to these terrorist attacks by enacting a number of statutes that reflect a changing international paradigm in relation to the fight against terrorism. Fundamental rights and liberties such as the freedom of expression, the right to private life and to personal freedom have been curtailed by these legisl...

  9. Civil disobedience, feminism and body

    Directory of Open Access Journals (Sweden)

    Rosalía Romero Pérez

    2015-12-01

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

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

    Directory of Open Access Journals (Sweden)

    S. A. Kvitka

    2017-06-01

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

  11. 78 FR 11737 - Improving Critical Infrastructure Cybersecurity

    Science.gov (United States)

    2013-02-19

    ..., security, business confidentiality, privacy, and civil liberties. We can achieve these goals through a... security measures or controls on business confidentiality, and to protect individual privacy and civil... critical infrastructure demonstrate the need for improved cybersecurity. The cyber threat to critical...

  12. Humanization of the civil service in the context of the European integration of Ukraine

    Directory of Open Access Journals (Sweden)

    O. A. Lyndyuk

    2017-03-01

    Full Text Available European integration of Ukraine requires new philosophy of governance modernization and organization, an effective functioning of the civil service system. The urgency of the implementation of humanization approach is a priority for modernization of the national civil service system. The problem of humanization of the civil service in the context of the European integration of Ukraine has been studied in the article. The essence of concepts of «humanism» and «humanization of the civil service» has been considered. Humanism is understood as reflected anthropocentrism, with the human being the object with the highest value. The term «humanization of the civil service» means a deliberate reorientation of the civil service and its objects to recognize a human as an absolute value, «a measure of all things» and to meet the vital needs of society, creating conditions for its full self-realization and ensuring sustainable human development. The civil service must guarantee the security and stability of life and protect rights, freedoms and interests of each individual. Humanization of civil service is also determined as strengthening the rights and freedoms of civil servants, special protection of their dignity and the formation of new humanistic principles of civil service. The features of humanization of the national civil service have been analyzed. It has been found that the human is considered to be the highest value and the content and direction of civil servants activity is determined by ensuring his rights and freedoms. The necessity of changing the priorities of civil service modernization on the basis of humanization, orientation on meeting the needs of human and citizen, as well as creating conditions for closer implementation of national civil service standards to those used in the European Union has been proved. Changes in the philosophy of the civil service of Ukraine should be directed to «serving people», functioning of

  13. 78 FR 55257 - Patient Safety and Quality Improvement: Civil Money Penalty Inflation Adjustment

    Science.gov (United States)

    2013-09-10

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

  14. 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...

  15. The Statue of Liberty: The Meaning and Use of a National Symbol. [Lesson Plan].

    Science.gov (United States)

    2001

    The Statue of Liberty, which stands in Upper New York Bay, is a universal symbol of freedom. A gift from France, it originally was conceived as an emblem of the friendship between the people of France and the United States. It has become much more, symbolizing the Mother of Exiles, greeting the millions of immigrants and embodying hope and…

  16. These Public Schoolhouses--The Citadels of Our Liberties

    Science.gov (United States)

    Groen, Mark

    2005-01-01

    The American Civil War transformed societies' beliefs about education, as well as state policy regarding schools. The common schools of the 1850s tended to be locally funded, selective, and voluntary institutions. The Civil War, and the widespread belief, especially in the North, that a national system of common schools might have averted that…

  17. Schooling and the Rights of Children. The National Society for the Study of Education Series on Contemporary Educational Issues.

    Science.gov (United States)

    Haubrich, Vernon F., Ed.; Apple, Michael W., Ed.

    This book consists of eight articles that grew out of a seminar and study group on "School and the Rights of Children," held at the University of Wisconsin, Madison during the spring of 1973. The book is intended to establish a healthy perspective on the extension of the rights and liberties of children in the public schools. The collective view…

  18. 28 CFR 74.3 - Eligibility determinations.

    Science.gov (United States)

    2010-07-01

    ... Residence” card with the Wartime Civil Control Administration; or (3) Individuals ordered by the Navy to... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Eligibility determinations. 74.3 Section 74.3 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) CIVIL LIBERTIES ACT REDRESS PROVISION...

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

    African Journals Online (AJOL)

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

  20. THE LAWYER`S OPINION IN MODERN CIVIL LAW

    Directory of Open Access Journals (Sweden)

    Elena Evgenyevna Dubovaya

    2015-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Camelia STOICA

    2013-06-01

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

  2. 76 FR 79145 - Drawbridge Operation Regulations; Bayou Liberty, Mile 2.0, St. Tammany Parish, Slidell, LA

    Science.gov (United States)

    2011-12-21

    ... proposed rule concerning the regulation governing the operation of the SR 433 Bridge over Bayou Liberty... comments expressing concern with the impact the proposed changes would have on public access to the... on the Internet by going to http://www.regulations.gov , inserting USCG-2010-0972 in the ``Keyword...

  3. The Role of Political and Economic Factors in Thailand’s Last Two Coups D’ Etat

    Science.gov (United States)

    2007-09-01

    Reg Invalid Total Population VAP Vote/ VAP PR CL Status 1975 8,695,000 18,500,000 47.0% N/A 41,896,000 18,902,400 46.0% 2 3 PF 1976 9,084,104...and registered voters are approximate. Terms are as follow: VAP =voting age population; PR=political rights; CL=civil liberties; Invalid=the number of...existed. However, by 1996, two parties were emerging as being dominant over the smaller parties—the Democrats and New Aspiration . This was about

  4. Same-sex marriage, civil marriage and cohabitation: the law, the ...

    African Journals Online (AJOL)

    Same-sex marriage, civil marriage and cohabitation: the law, the rights and responsibilities. ... Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... This paper examined the law surrounding marriage rights and ...

  5. From the children's point of view : power, pragmatism and rights in children's lives in Buganda

    OpenAIRE

    Baarøy, Jan Olav

    1999-01-01

    I left for Uganda in 1996 with two issues I wanted to consider: One, people's comprehension of children's rights; and two, children's perspective of their daily life. As Redd Barna had been working in this particular area of Uganda since the early 1990's I had heard that almost everybody knew about children's rights - or eddembe ly'abaana in Luganda (a translation which literally could mean, and often understood as children's freedom or liberty, and even children's peace). Now, when sumarizin...

  6. The Fundamentals of Civil Disobedience in John Rawls

    Directory of Open Access Journals (Sweden)

    Eduardo Baldissera Carvalho Salles

    2016-11-01

    Full Text Available Investigating civil disobedience from a liberal perspective, the working thread through the thought of John Rawls, exposed in the work A Theory of Justice, presenting the phenomenon as a kind of political resistance as well as the theoretical framework that legitimizes as processing instrument contemporary society and guarantor of individual rights. Thus, discusses the duty to obey unjust laws defining what the justification of civil disobedience, designed to Rawls just almost just, democratic and orderly.

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

    Directory of Open Access Journals (Sweden)

    Loredana JITARU

    2017-04-01

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

  8. The Right, the Liberty and Democracy

    Directory of Open Access Journals (Sweden)

    Ioan Alexandru

    2011-05-01

    Full Text Available I have asked myself many times, next to other colleague professors from the law or administrative sciences faculties if it is sufficient for students, in the profession they have chosen, to know only the matters of practical immediate use as some officials vested with the destiny of the high education allege. The answer I am trying to argue in this intervention is NO. It is not enough. For example the legal bone structure of the conception regarding the modern democracy finds its fundament in the social contract which is the meta-juridical principle. So to speak, philosophical. Apart from this permanent appeal to philosophy in general, I personally had a permanent concern studying the administrative phenomenon to underline the intrinsic link between juridical and political. I am trying also through this summary intervention to provoke the preferment of a critical spirit, much absent from our academic environment, which could question the too neat roads of the science of the current law and the creation of an intellectual emulation so necessary for the ones who research the legal phenomenon as well as the administrative one. Without philosophy, any research of law or of the administrative phenomenon is lacked of grounds. Or, without fundaments any intellectual attempt is destined to superficiality and, finally, to failure.

  9. Addressing the Right to Self-Determination: The Okinawans’ Claims from the Group-Based Rights Perspective

    OpenAIRE

    Tamura, Momoka

    2016-01-01

    This paper discusses the Japanese society from the group-based rights perspective. International human rights law provides the rights mostly in an individualistic form. But there is also a development of the international standards of rights with group-dimensions. The right to self-determination under the common article 1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and International Covenant on Civil and Political Rights (ICCPR) provide a collective right to...

  10. 42 CFR 488.436 - Civil money penalties: Waiver of hearing, reduction of penalty amount.

    Science.gov (United States)

    2010-10-01

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

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

    Science.gov (United States)

    Agbaria, Ayman K.; Katz-Pade, Revital

    2016-01-01

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

  12. Liberty Versus Life: Suicide in the Writings of Montesquieu.

    Science.gov (United States)

    Cantrell, Cheryl

    2015-01-01

    Charles-Louis de Secondat, Baron de la Bréde et de Montesquieu (1689-1755), the French philosopher who had such an enormous impact on the American constitution through his theory of the separation of powers, had an unusually sympathetic view of suicide. Indeed, he is the only major thinker in Western history to have produced a sustained argument against St. Thomas Aquinas' enormously influential views on this subject. Yet few scholars have attempted to analyze this argument, and none to explain why it was so important to him to make it. This paper demonstrates that Montesquieu's support for suicide in desperate circumstances is inextricably associated with the love of liberty for which he is justly celebrated, having the potential to radically transform the way we look at suicide and suicidal ideation today.

  13. 29 CFR 1620.27 - Relationship to the Equal Pay Act of title VII of the Civil Rights Act.

    Science.gov (United States)

    2010-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Quezia Dornellas Fialho

    2017-02-01

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

  15. New Configuration of the Brazilian State: Liberty and Development in the Evolution of Government in Brazil

    Directory of Open Access Journals (Sweden)

    Maya Reyes-Ricon

    2010-10-01

    Full Text Available The recent events in the global economy have revitalized the debate about the size and functions of the State. The neoliberal discourse was put in check, reopening the discussions concerning Market Liberty and the importance of the State. Since the proclamation of the Republic, the Brazilian government has undergone numerous reforms, sometimes assuming a liberal, external market dependent orientation, while at other times assuming an authoritarian, developmental state-driven orientation. The aim of this article is to develop insights into the evolution of the governmental organization and reflect on the assumptions that lie behind the various reforms that have taken place since the beginning of the Republic. The theoretical framework is divided into three parts: Development and Liberty based on the perspectives of Friedrich Hayek and Amartya Sen; the role of the State and its impact on the economy and; the formats assumed by the Brazilian State throughout the history of the Republic. The latter part of the work returns to the theoretical framework, summarizing all that has been discussed in order to fulfil the aims of the study.

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

    NARCIS (Netherlands)

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

    2016-01-01

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

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

    Science.gov (United States)

    Rosenbaum, Sara; Schmucker, Sara

    2017-10-01

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

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

    Science.gov (United States)

    Becker, Amy B; Scheufele, Dietram A

    2011-01-01

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

  19. How Global is Global Civil Society?

    Directory of Open Access Journals (Sweden)

    Neera Chandhoke

    2015-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Nuria Sánches Madrid

    2014-08-01

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

  1. Art and Civil Action : Cultural Organizations in the European Civil Domain

    NARCIS (Netherlands)

    Gielen, Pascal; Lijster, Thijs

    2017-01-01

    In this article, the place of new cultural organizationsin the civil domain is analysed. The authors describe a theoretical model that they call the ‘civil chain’, describing the different phases in which civil organizations develop themselves. The civil chain delivers analytic insights into the

  2. Homoaffectivity and Human Rights

    Directory of Open Access Journals (Sweden)

    Luiz Mott

    2006-05-01

    Full Text Available The civil union between persons of the same sex is analyzed in this essay through the discussion of the roots of the anti-homosexual prejudice and the fight for the citizenship of gays, lesbians and transgenders in Brazil, and through listing the different manifestations of homofobia in our social environment. We deconstruct the contrary opinions against the homosexual marriage, justifying with etho-historical evidences the extending of equal rights to the couples of the same sex, including the legal recognition of the civil union.

  3. Latin American Civil-Military Relations in a Historical Perspective: A Literature Review

    OpenAIRE

    Skaar, Elin; Malca, Camila Gianella

    2014-01-01

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

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

    OpenAIRE

    Tatiana Synodinou

    2014-01-01

    This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in selected jurisdictions, in both the civil law and the common law tradition. It is deduced that the civil law approach based on the right of privacy or the right of personality is expressed mainly either via a duality, reflecting the extra-patrimo...

  5. RELEVANT ISSUES CONCERNING THE RELOCATION OF CIVIL PROCEEDINGS UNDER THE NEW CODE OF CIVIL PROCEDURE (NCPC

    Directory of Open Access Journals (Sweden)

    Andrei Costin GRIMBERG

    2015-07-01

    Full Text Available The change of the new code of civil procedure and obvious the entry of the new provisions at 15th February 2013, has been thought with the hope to accelerate the procedures related to judgement with a noticeable simplification of procedures, all designed with the aim of unifying the case law and to lower the costs generated by lawsuits , costs both borne by the State as well by citizens involved the cases in court . Thus, the implementation of the New Code of Civil Procedure, desired the compliance right to a fair trial within a optimal time and predictable by the court, by judging the trial in a speedy way , avoiding unjustified delays of the pending cases and to the new petitions introduced, by excessive and unjustified delays often. By the noticeable changes that occurred following the entry into force of the new Code of Civil Procedure, it identify and amend the provisions regarding requests for displacement, in terms of the grounds on which it may formulate the petition of displacement and the court competent to hear such an application.

  6. Lineage of global civil engineering. Global civil engineering no keifu

    Energy Technology Data Exchange (ETDEWEB)

    Hashimoto, M

    1994-04-15

    This paper considers which way the global civil engineering should go in the future. Civil engineering has now a paradigm with a new dimension debuted as the global environmental problems are taken up specifically. Achieving the target of civil engineering requires a critical review that how the cost effect and efficiency discussions in only the dimensions of the conventional technologies and economies can be incorporated into the dimensions and measures of new fields to create the new horizons. Conceiving the relationship between civil engineered structures and environmental climate encounters the indispensable judgment criterion on how such social scientific conditions as weather, culture, religion, economy, and politics are combined to reach a judgment. The global civil engineering is desired to have the ideas and directional role to work on the ultimate assignment of environment and development called a global environmental problem analytically, comprehensively, innovatively and creatively as the civil engineering science, rather than as a mere existence of one area of the advanced civil engineering science. 5 refs., 1 tab.

  7. Historical aspects of the nuclear right development

    International Nuclear Information System (INIS)

    Puig, Diva E.

    1999-01-01

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

  8. 78 FR 62323 - MarkWest Liberty Ethane Pipeline L.L.C.; Notice of Petition for Declaratory Order

    Science.gov (United States)

    2013-10-16

    ... Ethane Pipeline L.L.C.; Notice of Petition for Declaratory Order Take notice that on October 3, 2013...), MarkWest Liberty Ethane Pipeline L.L.C. (MarkWest) filed a petition requesting a declaratory order approving the overall tariff and rate structure for a new ethane pipeline system that will transport ethane...

  9. 78 FR 40778 - Notice of Meeting

    Science.gov (United States)

    2013-07-08

    ... information. ADDRESSES: Mayflower Renaissance Hotel Washington, 1127 Connecticut Ave. NW., Washington DC 20036..., 2013. Diane Janosek, Chief Legal Officer, Privacy and Civil Liberties Oversight Board. [FR Doc. 2013...

  10. From the rights of man to the human rights: Man - nation - humanity

    Directory of Open Access Journals (Sweden)

    Zaharijević Adriana

    2008-01-01

    Full Text Available The insistence on the fact that human rights and the rights of man (codified in The Universal Declaration of Human Rights and Declaration of the Rights of Man and of the Citizen, respectively are not one and the same, which could be deduced from the notion of man common to both terms, is the key thesis of this text. By developing this motive, I try to determine the following: that the notion of man, by definition inclusive and abstractly non-discriminative term, is in fact established on tacit exclusions in the time of its inception (Enlightenment revolutinary era, and it was only upon these exclusions that the term man could have signified "the free and equal". Although the parallel or simultaneous evolution and implementation of the rights of man and national rights might seem contradictory, I seek to demonstrate that this paradox is only ostensible, arguing that the notion of man is itself limited and exclusionary, and is therefore compatible with the exclusivity which is the conditio sine qua non of nation. The consequences of nationalism - World Wars, primarily - proved that the conception of liberty and equality, based on the conception of fraternity of men (white European males, and of partial democracy pretending to be universal, cannot be maintained any further. Codification of universal human rights represents a reaction to this internal discrepancy inasmuch as it is a reaction to the destructiveness of all kinds of nationalisms. The notion of life, developed in this text, corresponds to the fundamental requirement for the right to life (as the first and the most basic of all human rights, which no longer belongs to "man", but to everyone.

  11. Stasis and Bellum Civile

    DEFF Research Database (Denmark)

    Lange, Carsten Hjort

    2017-01-01

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

  12. Is it possible to protect constitutional rights through simple procedural law

    International Nuclear Information System (INIS)

    Dolde, K.P.

    1982-01-01

    In the administration of justice and in legal literature of the Federal Republic of Germany increasingly more emphasis has been placed on the significance of procedural rights for the realization of basic civil rights, as they were defined in the constitution. Especially in the decision concerning the nuclear power plant at Muehlheim-Kaerlich, the Federal Constitutional Court has stressed the protection of constitutional rights by hearing the case in conjunction with the question of licensing of large industrial plants. Relevant to the protection of basic civil and constitutional rights are, according to the court, not only those regulations as prescribed by the constitution, but also those which, according to the will of the legislature, principally guarantee a constitutional right. The protection of basic rights is thus also guaranteed by civil rights, and not only through the constitution. In the opinion of the author, this will cause serious repercussions which should make corrections of this type of administration of justice necessary. (WBI) [de

  13. American Grand Strategy: A Critical Analysis of the Historical Strategy to Balance Liberty and Order

    Science.gov (United States)

    2012-06-15

    for $18.25 million in the 1848 Treaty of Guadalupe Hidalgo , which successfully ended the occupation and the Mexican-American War. 84 Ultimately...reestablished and the border dispute was resolved between the two nations in the 1848 Treaty of Guadalupe Hidalgo , which restored the security of...America’s National Identity. New York: Simon & Schuster Paperbacks, 2005. Ikenberry, G. John, and Anne Marie Slaughter. ―Forging a World of Liberty

  14. Predictors of the sex offender civil commitment trial outcomes in New York State.

    Science.gov (United States)

    Lu, Yunmei; Freeman, Naomi J; Sandler, Jeffrey C

    2015-10-01

    The present study analyzed sex offender civil management (i.e., civil commitment) legal proceedings in New York State and identified factors that predict trial results. Specifically, the current study compared a sample of 38 sex offenders who were released to the community after winning their civil management trials to 183 sex offenders who lost their civil management trials. Additionally, for the 183 sex offenders who lost their civil management trials, the current study compared 146 offenders who were ordered to inpatient civil commitment to 37 offenders who were deemed fit for civil management in the community. Results of the analyses indicated that sexual criminality, sexual deviance, and criminality involving child victims increased the likelihood of offenders both losing their civil management trial and being found to be in need of inpatient care, while the presence of variables associated with nonsexual criminality increased the likelihood of offenders both winning their civil management trials and being deemed fit for management in the community. The findings of this study provide guidance for psychiatric examiners who testify in civil management legal proceedings, as well as for legal professionals specializing in civil management cases. (c) 2015 APA, all rights reserved).

  15. Rights or Repentance

    Science.gov (United States)

    Minnigerode, Fred A.

    1977-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Kirichek E.V.

    2014-12-01

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

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

    Science.gov (United States)

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

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Augusto Caccia-Bava Junior

    2007-05-01

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

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

    International Nuclear Information System (INIS)

    Schmidt-Assmann, E.; Schoch, F.

    1994-01-01

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

  20. 28 CFR 104.61 - Limitation on civil actions.

    Science.gov (United States)

    2010-07-01

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

  1. Criminal law repercussions on the Civil Protection System

    Science.gov (United States)

    Altamura, M.; Musso, L.

    2009-09-01

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

  2. The LIBERTY study: Design of a prospective, observational, multicenter trial to evaluate the acute and long-term clinical and economic outcomes of real-world endovascular device interventions in treating peripheral artery disease.

    Science.gov (United States)

    Adams, George L; Mustapha, Jihad; Gray, William; Hargus, Nick J; Martinsen, Brad J; Ansel, Gary; Jaff, Michael R

    2016-04-01

    Most peripheral artery disease (PAD) clinical device trials are supported by commercial manufacturers and designed for regulatory device approval, with extensive inclusion/exclusion criteria to support homogeneous patient populations. High-risk patients with advanced disease, including critical limb ischemia (CLI), are often excluded leading to difficulty in translating trial results into real-world clinical practice. As a result, physicians have no direct guidance regarding the use of endovascular devices. There is a need for objectively assessed studies to evaluate clinical, functional, and economic outcomes in PAD patient populations. LIBERTY is a prospective, observational, multicenter study sponsored by Cardiovascular Systems Inc (St Paul, MN) to evaluate procedural and long-term clinical and economic outcomes of endovascular device interventions in patients with symptomatic lower extremity PAD. Approximately 1,200 patients will be enrolled and followed up to 5 years: 500 patients in the "Claudicant Rutherford 2-3" arm, 600 in the "CLI Rutherford 4-5" arm, and 100 in the "CLI Rutherford 6" arm. The study will use 4 core laboratories for independent analysis and will evaluate the following: procedural and lesion success, rates of major adverse events, duplex ultrasound interpretations, wound status, quality of life, 6-minute walk test, and economic analysis. The LIBERTY Patient Risk Score(s) will be developed as a clinical predictor of outcomes to provide guidance for interventions in this patient population. LIBERTY will investigate real-world PAD patients treated with endovascular revascularization with rigorous study guidelines and independent oversight of outcomes. This study will provide observational, all-comer patient clinical data to guide future endovascular therapy. Copyright © 2016 The Authors. Published by Elsevier Inc. All rights reserved.

  3. The right and the risk interacting with fracking

    International Nuclear Information System (INIS)

    Schweighart, Florian

    2016-01-01

    There is a great area of uncertainty in unconventional natural gas production in general and in fracking in particular. Risk management law can help to improve the decision-making framework, which is not manageable due to uncertainties, by generating knowledge. Instruments such as, among other things, the temporal limitation of the law, the evaluation and revision duties as well as the limitation to pilot projects are possible starting points. In a constitutional approach, fundamental legal science questions arise and work from the requirements of fundamental rights protection rights over liberties and state principles up to the risks and to legal aspects. The problem of whether and how existing constitutional requirements in the law of risk management are starting points to the interaction with risks of fracking and have, on the other hand, only attracted some attention on the part of the legislature. [de

  4. Human Rights: Its Meaning and Practice in Social Work Field Settings.

    Science.gov (United States)

    Steen, Julie A; Mann, Mary; Restivo, Nichole; Mazany, Shellene; Chapple, Reshawna

    2017-01-01

    The goal of the study reported in this article was to explore the conceptualizations of human rights and human rights practice among students and supervisors in social work field settings. Data were collected from 35 students and 48 supervisors through an online survey system that featured two open-ended questions regarding human rights issues in their agency and human rights practice tasks. Responses suggest that participants encountered human rights issues related to poverty, discrimination, participation/self-determination/autonomy, violence, dignity/respect, privacy, and freedom/liberty. They saw human rights practice as encompassing advocacy, service provision, assessment, awareness of threats to clients' rights, and the nature of the worker-client relationship. These results have implications for the social work profession, which has an opportunity to focus more intently on change efforts that support clients' rights. The study points to the possibilities of expanding the scope of the human rights competency within social work education and addressing the key human rights issues in field education. © 2016 National Association of Social Workers.

  5. 78 FR 16244 - Sunshine Act Meeting

    Science.gov (United States)

    2013-03-14

    ..., 132 S.Ct. 694 (2012) or Christian Legal Society v. Martinez 130 S.Ct. 2971 (2010) Litigation--Speakers... broader conflict between anti-discrimination norms and civil liberties-- Speakers' Remarks and Questions...

  6. Department of Civil Procedure and Formation of Its Scientific School

    Directory of Open Access Journals (Sweden)

    Вячеслав Васильович Комаров

    2016-06-01

    Full Text Available The article deals with research of the early stage of formation of scientific school of department of Civil Procedure of Yaroslav Mudryi National Law University. The achievements of the scientists of the department are analyzed, who were the intellectual founders of its scientific and pedagogical traditions. The urgent problems of civil procedure law science of that time and the scientific achievements of the department, which became cornerstones for its future development and next generations of procedural law scientists, are highlighted. The article presents the research of the subject of civil procedural law by S.Yu. Katz and L.Y. Nosko. Description of L.Y. Nosko’s works is made, in which the author examined some aspects of the method of legal regulation of civil procedure law, which at that time was innovative research direction. M.M. Vasilchenko’s research on the problem of the right to judicial protection as applied in terms of realization of the right to judicial protection by the defendant in a civil process is highlighted. Attention is drawn to the problem of theory of judicial decisions as judicial acts on implementation of the functions of justice in civil cases, particularly to T.N. Gubar’s dissertation research on this issue and to some other research works of the scientist. Yu. M. Chuikov’s position on the legal nature of a separate ruling are analyzed, which were highlighted in a monographic work of a scientist "Separate ruling in civil proceedings". In his further research, the scientist through the institute of separate ruling moves to more generalized research subject - preventive and educational activities of the court as a whole. Part of the work describes the research activities and scientific interests of A.M. Smetska, namely research on general issues on enforcement proceedings. The article also gives a brief description of the further research of the department and educational-methodical literature of the

  7. Re-thinking civil disobedience

    Directory of Open Access Journals (Sweden)

    Theresa Züger

    2013-11-01

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

  8. School attendance as a civic duty v. home education as a human right

    Directory of Open Access Journals (Sweden)

    Franz Reimer

    2010-10-01

    Full Text Available The article presents the legal situation of home education in Germany as a multi-level problem touching upon German constitutional law, State (Länder constitutional law as well as administrative law, and the liberties of the European Convention of Human Rights. Whereas the parents’ right to care for their children is explicitly granted by German Basic Law, the state’s mandate to educate is seen by the courts as a conflicting principle that usually prevails and justifies compulsory schooling. Exceptions are rarely accepted. The article argues that this mainstream interpretation of the law is unconvincing and not in line with legal reasoning in German constitutional law in general.

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

    Science.gov (United States)

    Hart, Elinor, Ed.

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

  10. Ion-adsorption REEs in regolith of the Liberty Hill pluton, South Carolina, USA: An effect of hydrothermal alteration

    Science.gov (United States)

    Bern, Carleton R.; Yesavage, Tiffany; Foley, Nora K.

    2017-01-01

    Ion-adsorbed rare earth element (REE) deposits supply the majority of world heavy REE production and substantial light REE production, but relatively little is known of their occurrence outside Southeast Asia. We examined the distribution and forms of REEs on a North American pluton located in the highly weathered and slowly eroding South Carolina Piedmont. The Hercynian Liberty Hill pluton experiences a modern climate that includes ~ 1500 mm annual rainfall and a mean annual temperature of 17 °C. The pluton is medium- to coarse-grained biotite-amphibole granite with minor biotite granite facies. REE-bearing phases are diverse and include monazite, zircon, titanite, allanite, apatite and bastnäsite. Weathered profiles were sampled up to 7 m-deep across the ~ 400 km2 pluton. In one profile, ion-adsorbed REEs plus yttrium (REE + Y) ranged up to 581 mg/kg and accounted for up to 77% of total REE + Y in saprolite. In other profiles, ion-adsorbed REE + Y ranged 12–194 mg/kg and only accounted for 3–37% of totals. The profile most enriched in ion-adsorbed REEs was located along the mapped boundary of two granite facies and contained trioctahedral smectite in the saprolite, evidence suggestive of hydrothermal alteration of biotite at that location. Post-emplacement deuteric alteration can generate easily weathered REE phases, particularly fluorocarbonates. In the case of Liberty Hill, hydrothermal alteration may have converted less soluble to more soluble REE minerals. Additionally, regolith P content was inversely correlated with the fraction ion-adsorbed REEs, and weathering related secondary REE-phosphates were found in some regolith profiles. Both patterns illustrate how low P content aids in the accumulation of ion-adsorbed REEs. The localized occurrence at Liberty Hill sheds light on conditions and processes that generate ion-adsorbed REEs.

  11. Civil Identity

    DEFF Research Database (Denmark)

    Petersen, Lars Axel

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

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

    International Nuclear Information System (INIS)

    Baer, Caroline

    1987-12-01

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

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

    Science.gov (United States)

    2009-09-30

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

  14. Decision of the court as a result of the occurence, change, termination and adjustment of subjective civil liability (theoretical and practical aspects

    Directory of Open Access Journals (Sweden)

    В. В. Надьон

    2017-12-01

    Full Text Available One of the main reasons for the occurence, change, termination and adjustment of subjective civil responsibility is a legal fact. Under the legal fact in theory, the specific circumstances envisaged by the rules of law are understood, with the occurrence, change and termination of legal relations. Often, subjective civil rights and responsibilities arise from obligations (contractual, non-contractual, as well as from a unilateral transaction. However, the Civil Code of Ukraine (hereinafter the Civil Code of Ukraine provided for the possibility of civil rights and responsibilities arising from acts of civil law (Part 3 of Article 11 of the Civil Code of Ukraine, as well as in cases established by acts of civil law, civil rights and responsibilities may arise from a court decision (Part 5 of Article 11 of the Civil Code of Ukraine. Concerning this provision in practical activity there are problematic issues, namely the possibility of generating court decisions of obligations Thus, the purpose of the article is to analyze the occurance, change, termination and adjustment of subjective responsibility by a court decision. Subjective responsibility  arises in a commitment (contractual or non-contractual. In case of non-fulfillment or improper performance of a subjective responsibility by the debtor, the creditor has the right to apply to the court for the protection of his violated right. In this case, the subjective responsibility that arose in a contractual obligation turns into civil liability, and with the decision of the court a new category of subjective responsibility arises, ie the category of responsibility is combined with the category of civil- legal liability. Consequently, a court decision gives rise to a new subjective responsibility, which must be performed voluntarily or by force. Consequently, in the cases of voluntary fulfillment by the obligated person of the main and additional responsibility, the category of responsibility is

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

    OpenAIRE

    Janku Martin

    2015-01-01

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

  16. Groups Rights Struggles Are Mutually Beneficial

    Science.gov (United States)

    Buggs, John A.

    1975-01-01

    A report on the extent and impact of sex discrimination in America which argues that there is as much legitimacy in the fight for equal rights for women as there is for minorities and that the needs of minorities and women in the field of civil rights are complementary rather than conflicting. (EH)

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

    Directory of Open Access Journals (Sweden)

    Luis Anaya Merchant

    2004-10-01

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

  18. Surface rights

    Directory of Open Access Journals (Sweden)

    Regina Célia Corrêa Landim

    2009-06-01

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

  19. Civil law

    NARCIS (Netherlands)

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

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    L. V. Prudyus

    2016-07-01

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

  1. Registration of civil status: formal link between family and succession intestate

    Directory of Open Access Journals (Sweden)

    Malena Proenza-Reyes

    2017-01-01

    Full Text Available The work presented to assess the main issues of the registration procedure in the field of civil status to inheritance effects, regard certificates issued by the Civil Registry official proof of family status as the main requirement to have place intestate succession; advertising of the facts and acts which constitute the formal link between this family and inheritance law on registration insufficient treatment, generates the violation of subjective rights that can be a starter. Supported the present methods of social research and analysis-synthesis and analysis of content, make important results in the national context from the characteristics presented Cuban society today and especially the Registers of Civil Status in the country.

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

    Science.gov (United States)

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

    2009-06-01

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

  3. Citizenship Education Model: "Piecing It Together: The Statue of Liberty as an American Education Symbol of Citizenship Education."

    Science.gov (United States)

    Trimboli, Angela

    This document argues that the Statue of Liberty has a lot to offer teachers who need to teach citizenship to elementary students. Among the symbols within the statue that have relevance to citizenship are: (1) the tablet; (2) the chains; (3) the step from the chains; () the torch; (5) the crown; (6) the face; and (7) the new infrastructure. The…

  4. Beyond Lawrence v. Texas: crafting a fundamental right to sexual privacy.

    Science.gov (United States)

    Fasullo, Kristin

    2009-05-01

    After the watershed 2003 U.S. Supreme Court decision Lawrence v.Texas, courts are faced with the daunting task of navigating the bounds of sexual privacy in light of Lawrence's sweeping language and unconventional structure. This Note focuses on the specific issue of state governments regulating sexual device distribution. Evaluating the substantive due process rights of sexual device retailers and users, this Note ultimately argues that the privacy interest identified in Lawrence is sufficiently broad to protect intimate decisions to engage in adult consensual sexual behavior, including the liberty to sell, purchase, and use a sexual device.

  5. Surveillance and Liberty in Céline's New York, the City That Doesn't Sleep (Around)

    OpenAIRE

    Jennifer Willging

    2005-01-01

    This essay focuses on Ferdinand Bardamu's account of his stay in New York City in Louis-Ferdinand Céline's bleak bildungsroman, Journey to the End of the Night (1932). In it I explore the rather surprising absence of reference to the Statue of Liberty in a text narrated by a French immigrant of sorts who spends weeks on Ellis Island and who immediately personifies the city as an androgynous, steely, and indeed statue-like woman. Applying to the text Foucault's theories on the disciplinary nat...

  6. Reconceptualizing Civil Regulation

    DEFF Research Database (Denmark)

    Galang, Roberto Martin; Castello, Itziar

    2011-01-01

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

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

    Science.gov (United States)

    Israelsson, Magnus; Nordlöf, Kerstin; Gerdner, Arne

    2015-08-28

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

  8. AFRREV IJAH, Vol.3 (1) January, 2014

    African Journals Online (AJOL)

    Toshiba

    2014-01-09

    Jan 9, 2014 ... consequences of the people‟s seemingly endless wait for democratic dividends in ... Nigerian Federal Government and by private institutions through a .... (iii) a level of civil and political liberties – freedom of expression,.

  9. The Impact of Creating Civil Unions for Same-Sex Couples on Delaware’s Budget

    OpenAIRE

    Herman, Jody L.; Konnoth, Craig J.; Badgett, M.V. Lee

    2011-01-01

    This report analyzes the impact on Delaware’s state budget of introducing civil union rights for same-sex couples. It estimates that a law recognizing civil unions between same-sex partners will cost the State $1.18 million over the three years following the measure, or only $390,000 per year. The costs and benefits accrued will change every year, as the number of same-sex couples entering civil unions each year will change. The State will see savings in expenditures on state means-tested pub...

  10. The Civil Liability of Accountants: a study focusing the new Brazilian civil code of 2002 from the perspective of professional ethics

    Directory of Open Access Journals (Sweden)

    Ketlyn da Silva Pasquali

    2016-09-01

    Full Text Available One of the trends in the development of accountancy is the alignment of accounting principles, ethics and civil liability. In this context, this study analyzes the perception of accountants with respect to professional ethics and liability in view of the new Brazilian civil code adopted in 2002. To examine professional ethics, we investigated the perception of accountants as to civil liability, the hypotheses of incidence, and preventive measures for protecting rights and interests in light of the new civil code, using a descriptive and quantitative approach.  Data was collected by means of a questionnaire applied to a sample of 52 accountants belonging to the Accountants Union of Cascavel and Region.  Comparisons were made of the responses using graphical analysis and consensus analysis.  On the basis of the results obtained, we can conclude that the accountants  attribute importance to the use of ethics in their professional practice and that there is very strong consensus on the obligation to carry out the accounting profession zealously and with technical expertise. With regard to the degree of knowledge concerning civil responsibility and liability in the execution of their activities, we observed that these professionals know the penalties for malicious and intentional unethical acts in the exercise of the profession. Future research could explore self-assessment for further investigation with the purpose of developing a sense of individual responsibility and critical spirit.

  11. Civil partnerships five years on.

    Science.gov (United States)

    Ross, Helen; Gask, Karen; Berrington, Ann

    2011-01-01

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

  12. Sociedad civil y educación de la conciencia moral

    Directory of Open Access Journals (Sweden)

    José Manuel TOURIÑÁN LÓPEZ

    2009-11-01

    Full Text Available RESUMEN: El sentido de lo social se ha enriquecido en nuestros días debido al carácter transnacional de las acciones globales. Ya no hablamos simplemente de derechos sociales que requieren la subsidiación del Estado con unos medios que no pertenecen a ningún individuo en particular; hablamos de derechos que reclaman la cooperación positiva de los Estados y la sociedad civil, más allá de las fronteras territoriales. Esto modifica el carácter de territorialidad del Estado y el sentido del compromiso de la sociedad civil.Este nuevo desafío tiene que asumir las consecuencias de entender la transnacionalidad y la glocalización como condiciones inherentes de los derechos de tercera generación y esto exige replantear los problemas en la sociedad civil desde una ética que asume la realidad del otro y está elaborada a partir de la singularidad de las situaciones y la universalidad de los valores.ABSTRACT: The meaning of «social» has been enriched nowadays due to the cross-cultural nature of global actions. We do not now simply refer to social rights under the State supervision with means that do not belong to any concrete individual. We talk about rights that require the positive co-operation of States and civil society, co-operation which surpass countries' boundaries. Indeed, this modifies the state belonging sense and the civil society's commitments.This new challenge has to be able to manage the consequences of seeing both cross-culturalism and glocalism as inherent conditions of the third generation rights, and all of that requires rethinking the problems within civil society from an ethic scheme that understands «the other» and that is also based on the singularity of each situation and the universalisation of (human values.SOMMAIRE: Le sens de ce qui est social c'est enrichi dans nos jours, étant donné le caractère transnational des actions globales. Nous ne parlons pas simplement de droits sociaux qui requièrent l

  13. Big data and technology assessment: research topic or competitor?

    DEFF Research Database (Denmark)

    Rieder, Gernot; Simon, Judith

    2017-01-01

    With its promise to transform how we live, work, and think, Big Data has captured the imaginations of governments, businesses, and academia. However, the grand claims of Big Data advocates have been accompanied with concerns about potential detrimental implications for civil rights and liberties......, leading to a climate of clash and mutual distrust between different stakeholders. Throughout the years, the interdisciplinary field of technology assessment (TA) has gained considerable experience in studying socio-technical controversies and as such is exceptionally well equipped to assess the premises...... considerations on how TA might contribute to more responsible data-based research and innovation....

  14. Deporting "Ah Sin" to save the white race: moral panic, racialization, and the extension of Canadian drug laws in the 1920s.

    Science.gov (United States)

    Carstairs, C

    1999-01-01

    This article argues that a Vancouver anti-drug campaign was critical to the extension of Canada's drug laws in the early 1920s. The highly racialized drug panic resulted in extraordinarily severe drug legislation including six-month sentences for possession. This had particularly devastating effects on Chinese-Canadians who were targeted by enforcement officials and faced the possibility of deportation. However, the drug panic also affected drug users of all backgrounds who for long afterwards faced lengthy sentences for possession as well as civil liberties violations such as extraordinary search legislation and restrictions on the right to an appeal.

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

    Science.gov (United States)

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

    2018-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Kati Nieminen

    2015-12-01

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

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

    OpenAIRE

    Beccy Shipman; Carol Smart

    2007-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Zarina Kamilevna Kondratenko

    2015-09-01

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

  19. Citizenship in civil society?

    NARCIS (Netherlands)

    Ossewaarde, Marinus R.R.

    2007-01-01

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

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

    African Journals Online (AJOL)

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

  1. Emergent information technologies and enabling policies for counter-terrorism

    CERN Document Server

    Popp, R

    2006-01-01

    Explores both counter-terrorism and enabling policy dimensions of emerging information technologies in national security After the September 11th attacks, "connecting the dots" has become the watchword for using information and intelligence to protect the United States from future terrorist attacks. Advanced and emerging information technologies offer key assets in confronting a secretive, asymmetric, and networked enemy. Yet, in a free and open society, policies must ensure that these powerful technologies are used responsibly, and that privacy and civil liberties remain protected. Emergent Information Technologies and Enabling Policies for Counter-Terrorism provides a unique, integrated treatment of cutting-edge counter-terrorism technologies and their corresponding policy options. Featuring contributions from nationally recognized authorities and experts, this book brings together a diverse knowledge base for those charged with protecting our nation from terrorist attacks while preserving our civil liberti...

  2. 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…

  3. 6 CFR 13.17 - Rights of parties.

    Science.gov (United States)

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Rights of parties. 13.17 Section 13.17 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.17 Rights of parties. Except as otherwise limited by this part, all parties may: (a) Be accompanied...

  4. Civil Law Glossary.

    Science.gov (United States)

    Update on Law-Related Education, 1997

    1997-01-01

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

  5. World tendences of civil aviation development and the enlargement of the Lithuanian civil aviation

    Directory of Open Access Journals (Sweden)

    J. Butkevičius

    2006-06-01

    Full Text Available The article deals with global trends in civil aviation, such as: liberalisation of aviation market, globalisation of airlines, privatisation of airlines and invasion of low cost airlines into the market. Also the influence of these trends on the Lithuanian civil aviation activities has been defined. The Lithuanian civil aviation activities have been analysed: activities of international airports, passenger and cargo carriers, passenger routes and passenger flows, transportation market and airplane fleet. The problems of the Lithuanian civil aviation activities have been identified and suggestions for the development of the Lithuanian civil aviation activities have been proposed.

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

    Science.gov (United States)

    Cara, Daniel; Pellanda, Andressa

    2018-01-01

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

  7. The taxation and basic rights that carry through the rights of freedom, equality and solidarity A tributação e direitos fundamentais que realizam os valores da liberdade, igualdade e solidariedade

    Directory of Open Access Journals (Sweden)

    Marlene kempfer Bassoli

    2005-12-01

    Full Text Available The phenomenon of human rights has showed up since eighteenth and ninehteenth centuries trhough the philosophical, sociological and juridical clash round of natural law doctrine. The theme evolves aceleratly after Second World War. Conquests were stricken in areas like individual, political, social, transindividual rights and, nowadays, the agenda is the right of development of the people in social, cultural, political and economical areas. A panoramic study about legal systems in different moments and different States of the contemporary history of the civilization, leads to see through that human rights were contemplated by laws, for this reason, is were brought through of the confirmation process to the juridical systems like fundamental rights. They must be protected by State and against State’s power. Considerations in the present study will must to built an interpretation that aim the constitutional owe of the Brazilian State to, through of the tributary laws, it enables conducts that confirms the values of liberty, equality and solidarity that achieve of fundamental rights.O fenômeno dos direitos humanos tem maior destaque a partir dos séculos XVII e XVIII por meio dos embates filosóficos, sociológicos e jurídicos em torno da doutrina do direito natural. O tema evoluiu de modo acelerado após a 2ª guerra mundial. As conquistas foram atingidas no campo dos direitos individuais, políticos, sociais, transindividuais e, no estágio atual, a pauta é o direito ao desenvolvimento dos povos no âmbito social, cultural, político e econômico. Um estudo panorâmico dos ordenamentos jurídicos, em diferentes momentos da história da civilização contemporânea, permite constatar que os direitos humanos foram contemplados por normas jurídicas, portanto, trazidos por meio do processo da positivação aos ordenamentos jurídicos como direitos fundamentais. Na condição jurídica de direitos fundamentais viabilizam condutas que realizam

  8. The Functions of Selected Human Rights Institutions and Related Role-Players in the Protection of Human Rights in Zimbabwe

    Directory of Open Access Journals (Sweden)

    Howard Chitimira

    2016-12-01

    Full Text Available Various violations of the human rights of ordinary people and human rights defenders have been reported in Zimbabwe since the late 1980s. It is widely acknowledged that such violations have been perpetrated mostly by the government through its different organs for political and other related reasons. Human rights violations were also easily committed against ordinary people and human rights defenders because there was no Constitution that adequately protected such people's fundamental human rights (including their civil and political rights and their socio-economic rights in Zimbabwe. Given this background, the article discusses the protection of human rights in Zimbabwe, in the light of the Zimbabwe Constitution Amendment Act 20 of 2013 (Zimbabwe Constitution 2013. This is done in order to investigate whether the promotion, protection, enforcement and respect for human rights in Zimbabwe has now improved. To this end, the functions of selected national human rights institutions and other related role-players, namely civil society, the judiciary, the law enforcement organs and the Zimbabwe Human Rights Commission, are briefly discussed first. Secondly, the functions of selected regional and international institutions, namely the Southern African Development Community, the African Union and the United Nations are discussed in relation to the protection of human rights in Zimbabwe. Thereafter, concluding remarks and possible recommendations that could be utilised to combat human rights violations and enhance the protection of human rights in Zimbabwe are provided.

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

    NARCIS (Netherlands)

    Ruggeri, A.; Burgoon, B.

    2012-01-01

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

  10. Peculiarities of the Enforcement of the European Arrest Warrant in the Case of an Illegal Liberty Deprivation

    Directory of Open Access Journals (Sweden)

    Minodora Ioana Rusu

    2010-06-01

    Full Text Available The illegal deprivation of liberty is, under the current context, one of the most serious offenses, being treated differently in the European Union. The need to prevent and combat this violation, it has led the European legislator to include it under different names in the European legislative act that governs the institution of the European arrest warrant. In this context, the European arrest warrant is the most important form of judicial cooperation in penal matters between the Member States of the EU, which is based on mutualrecognition of criminal judgments. The research conducted on how it is regulated the enforcement of the European arrest warrant in the case of illegal liberty deprivation in the European legislative act (the Framework Decision 2002/584/JHA leads to the conclusion that the legislature failed to mention the violation in question in the group of the violation for which it was not necessary the inspection of the double incrimination, but, still, including the offenses as kidnapping, illegal restraint and hostage-taking. Even if theRomanian legislator included this violation in the above mentioned group, this situation is not solved, because it will cause some problems in the request by the Romanian judicial authorities of the enforcement of such warrant. Another criticized issue, observed not only in the European legislative act, but also in the internal law, is related to the lack of stipulations, which can lead to the possibility of issuing and executing a European arrest warrant and for the execution of educational measures for illegal deprivation of liberty and also others. Also, in order to increase the effectiveness of the execution of a European arrest warrant, we consider that it should be granted executive powers of all courts of Romania. The originality of the work consists of the critical observations and the lege ferenda proposal which covers both the European legislativeact and the Romanian Law. At the same time

  11. 49 CFR Appendix B to Part 241 - Schedule of Civil Penalties 1

    Science.gov (United States)

    2010-10-01

    ... for a willful violation. The Administrator reserves the right to assess a penalty of up to $100,000... the right, should litigation become necessary, to substitute in its complaint the CFR citation in place of the combined designation cited in the civil penalty demand letter. [67 FR 75960, Dec. 10, 2002...

  12. Celebrating the Immigrant: An Administrative History of the Statue of Liberty National Monument, 1952-1982. Cultural Resource Management Study 10.

    Science.gov (United States)

    Blumberg, Barbara

    This book focuses on the history of the Statue of Liberty National Monument from 1952 through 1982. It describes how the monument has come to symbolize an expanding set of ideals, how the symbolism has produced responses in various groups of people ranging from celebrations to physical attacks upon the Statue, and the manner in which the monument…

  13. Battle Brewing Over Arkansas Creationism Law.

    Science.gov (United States)

    Baum, Rudy

    1981-01-01

    Reports recent proceedings regarding a new law enacted in early 1981 in Arkansas which requires schools that teach evolution to teach what the law calls "creation-science." Opposition to the law by the American Civil Liberties Union is discussed. (CS)

  14. Public acceptance and social responsibility

    International Nuclear Information System (INIS)

    Warner, F.

    The background to public controversy over nuclear developments, including nuclear waste management, is examined, particularly from the points of view of risks from radiation and objections on sociological grounds such as public conscience or feared loss of civil liberties. (U.K.)

  15. Why atomic energy affects Civil Law

    International Nuclear Information System (INIS)

    Knieper, R.

    1980-01-01

    Based on the decision of July 20, 1979 by the Amtsgericht Stuttgart, which dismissed the complaint filed by the Technische Werke der Stadt Stuttgart (public utility) against electricity boycotters as being unfounded for the time being, the author states that a political function is due to Civil Law. The concrete question is whether political considerations have surpassed the limits of laws and interpretations bound by the basic rights. The relationship between a customer depending on power supply and the supply monopolist exceeds contractual relationship by far since it is a social relationship: it is inescapably embraced by the customer's dependence on power supply and by the customer being subject to research work. Atomic energy is being introduced into law of contract by means of dogmatic crutches - breach of additional obligation under a contract. However, in Civil Law, there are a great number of such means enabling solutions to be corrected which seem to be inadequate. (HSCH) [de

  16. Parental Authority in the Regulation of the Civil Code in Quebec

    OpenAIRE

    Gavrilescu, Alin-Gheorghe

    2009-01-01

    The article analysis the institution of the parental authority, as it is regulated by the stipulations of the Civil Code in Quebec. After a short introduction, there are presented the parental rights and obligations regarding the minor’s person, the way of exerting and accomplishing them, the parental rights and obligations regarding the minor’s goods, the way of exerting and accomplishing them, the decline from the parental rights, and also the parental rights and obligations in case of adop...

  17. The role of civil society in health care reforms: an arena for hegemonic struggles.

    Science.gov (United States)

    Filc, Dani

    2014-12-01

    The present paper argues that current mainstream understandings of civil society as ontologically different from the state and essentially positive (either normative or functionally) are problematic in order to understand the development of health care reforms. The paper proposes to ground an explanation of the role of civil society in health care reforms in a Gramscian understanding of civil society as analytically different from the state, and as an arena for hegemonic struggles. The study of health care reform in Israel serves as a case study for this claim. Copyright © 2014 Elsevier Ltd. All rights reserved.

  18. Civil War and Inoperativity

    DEFF Research Database (Denmark)

    Flohr, Mikkel

    2017-01-01

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

  19. 22 CFR 208.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Civil judgment. 208.920 Section 208.920 Foreign...) Definitions § 208.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

  20. 34 CFR 85.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

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

  1. 2 CFR 180.915 - Civil judgment.

    Science.gov (United States)

    2010-01-01

    ... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Civil judgment. 180.915 Section 180.915... § 180.915 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

  2. 22 CFR 1006.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil judgment. 1006.920 Section 1006.920...) Definitions § 1006.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

  3. 22 CFR 1508.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil judgment. 1508.920 Section 1508.920...) Definitions § 1508.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

  4. Negotiating Rights : Building Coalitions for Improving Maternal ...

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

    Negotiating Rights : Building Coalitions for Improving Maternal Health Services ... the state of maternal health in the country reflects poorly on public health priorities. ... A number of international agencies and civil society organizations are ...

  5. REVISION PERMISSIABILITY IN CIVIL PROCEDURE IN REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Marina Gligorova

    2015-04-01

    Full Text Available The revision as an extraordinary legal remedy is one more legal instrument for litigant in the effort to achieve protection of the rights or to defend against ungrounded claims of the other party. Litigants may declare revision of the litigation process due to substantive violations of the provisions of Civil Procedure and incorrect application of substantive law. Declaring revision because of a substantive violation of the provisions of Civil Procedure is limited. The purpose of this research paper is to investigate the most common reasons for filing revision of the litigation process in the period from June 2011 to June in 2012. The research includes what kind of reasons are often repeated, and the volume, or the number of reviews submitted to the Supreme Court of the Republic of Macedonia. As general hypothesis is that most of the adopted revisions are due to substantial violations of the provisions of civil procedure. Two-thirds of the stated revisions in front of the Supreme Court of Republic of Macedonia were rejected as unfounded and only one third of the submitted revisions from June 2011 to June 2012 were grounded. Since accepted revisions 59% due to incorrect application of substantive law, and 41% due to substantial violations of the provisions of Civil Procedure.

  6. 21 CFR 1404.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Civil judgment. 1404.920 Section 1404.920 Food and...) Definitions § 1404.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

  7. D-Day: The French Jubilee of Liberty Medal and the 60th Anniversary Commemoration on June 6, 2004, and Events for June 6, 2005

    National Research Council Canada - National Science Library

    Torreon, Barbara S

    2005-01-01

    This report details the Jubilee of Liberty Medal awarded to U.S. veterans by the French government to commemorate the 50th anniversary of the invasion of Normandy by the Allied forces on June 6, 1994 (D-Day...

  8. Revenue Sharing and its Impact on Civil Rights

    Science.gov (United States)

    McGraw, Marvin A.

    1975-01-01

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

  9. Privacy as Fundamental right:The Case of Indian AAdhar

    DEFF Research Database (Denmark)

    Khajuria, Samant; Skouby, Knud Erik; Sørensen, Lene Tolstrup

    In August 2017; unanimous judgment by the Supreme Court of India (SCI) i was a resounding victory for privacy. The ruling was the outcome of a petition challenging the constitutional validity of the Indian biometric identity scheme Aadhaar. The one-page order signed by all nine judges declares....... “The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.” Privacy is a key concerns today in the emerging digital market of India. The vision of Digital Indian can only......-mining tool. Looking into EU General Data Protection Regulation (GDPR), where the main goal of the regulation is to build and/or increase trust in the EU citizens in using digital services. Similarly, a clear well defined privacy regulations needs to be in place in India with heavy fines failing to comply....

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

    Science.gov (United States)

    Graff, Gilda

    2016-01-01

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

  11. Legalisation of Civil Wars

    DEFF Research Database (Denmark)

    Buhl, Kenneth Øhlenschlæger

    2009-01-01

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

  12. Tradición, modernidad y sociedad civil en la costa de Yucatán Tradición, modernidad y sociedad civil en la costa de Yucatán

    Directory of Open Access Journals (Sweden)

    Citlalli Cantú Gutiérrez

    2012-02-01

    Full Text Available It describes the organizational processes of civil society on the coast of Yucatan. His players built their associations, came into conflict and collapsed their organizational structures. Weanalyze the causes of the recent past and shaping processes of associative structures of civil society. In the cases presented showed that the erosion of the ancestral forms of organization and influence of the individual patterns represent endogenous and exogenous historical causes that increase the entropy of the organizational processes of local civil society. Wediscuss the peaceful non-profit and organizational behavior defined by law, act limiting the right of rebellion and restoring the power. Yes organized civil society bows to government funding processes, becomes bureaucratized and mimics mechanisms, corruption can occurprocesses that collapses.Se describen procesos de organización de la sociedad civil en la costa de Yucatán, donde sus actores construyeron asociaciones civiles, entraron en conflicto y colapsaron sus estructuras organizativas. Se analizan las causas últimas y recientes de los procesos de conformación de estructuras asociativas de la sociedad civil. En los casos presentados se observó que la erosión de las formas ancestrales de organización y la influencia de los patrones individualistas representan causas históricas endógenas y exógenas que incrementan la entropía de los procesos de organización de la sociedad civil local. Se discute el carácter no lucrativo y pacífico del comportamiento organizacional definido en la ley; acto que limita el derecho a la rebelión y la recuperación del poder. Sí la sociedad civil organizada se pliega a los procesos gubernamentales de financiamiento, se burocratiza e imita mecanismos, pueden presentarse procesos de corrupción que la colapsa.

  13. 6 CFR 13.44 - Right to administrative offset.

    Science.gov (United States)

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Right to administrative offset. 13.44 Section 13.44 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY PROGRAM FRAUD CIVIL REMEDIES § 13.44 Right to administrative offset. The amount of any penalty or assessment that has become...

  14. INADMISSIBLE EVIDENCE IN CIVIL PROCEDURE

    Directory of Open Access Journals (Sweden)

    Mihajlo Dika

    2016-01-01

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

  15. Space civil engineering - A new discipline

    Science.gov (United States)

    Sadeh, Willy Z.; Criswell, Marvin E.

    1991-01-01

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

  16. B 150 civil engineering futures

    DEFF Research Database (Denmark)

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

  17. Shrinking the Civil-Military Divide: A Military Perspective

    Science.gov (United States)

    2015-04-13

    behavior and rights, the values of the military are different and unique. Senior military officers highlight the importance of understanding the...Examples include on-base housing, shopping , schools, children’s sports leagues, and community and social events such as concerts, comedy shows, and movies... mall , a sporting event, or the movies provides a simple, 16 Skelton, “The Civil-Military Gap

  18. Democracy

    DEFF Research Database (Denmark)

    Nielsen, Rasmus Kleis

    2013-01-01

    ongoing citizen engagement (frequent topics of digital democratic discourse) than by basic civil liberties, relatively free and fair periodic elections, and the separation of powers. The lack of focus on democratic practice in favor of potentials reflects the unhappy coincidence that many contemporary...

  19. 78 FR 56951 - Notice of Hearing

    Science.gov (United States)

    2013-09-16

    ... No. 6] Notice of Hearing ACTION: Notice of a hearing. SUMMARY: The Privacy and Civil Liberties Oversight Board (PCLOB) will conduct a public hearing with current and former government officials and... federal government regarding the government's counterterrorism surveillance programs. This hearing will...

  20. Kingdom, church and civil society: A theological paradigm for civil ...

    African Journals Online (AJOL)

    This article deals with the role that churches can and should play in civil society to develop societal morally. The central-theoretical argument is that the biblical notion of the kingdom of God can, when it is systematically and theologically developed, offer an acceptable foundation for the civil action of churches. In light of this ...

  1. 5 CFR 919.920 - Civil judgment.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Civil judgment. 919.920 Section 919.920 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 919.920 Civil judgment. Civil judgment...

  2. Competing Claims: Religious Affiliation and African Americans' Intolerance of Homosexuals.

    Science.gov (United States)

    Ledet, Richard

    2017-01-01

    Literature on religion and political intolerance indicates competing expectations about how Black Protestant church affiliation affects African Americans' attitudes about civil liberties. On the one hand, Black Protestant theology emphasizes personal freedom and social justice, factors generally linked to more tolerant attitudes. On the other hand, Black Protestants tend to be conservative on family and social issues, factors often linked to intolerance of gays and lesbians. Data from the General Social Survey are used to examine the influence of religious group identification, as well as other relevant aspects of religiosity, on political intolerance among African Americans. Results indicate that although other aspects of religion (beliefs and behaviors) help explain variation in political intolerance, Black Protestant church affiliation has no relationship with attitudes about the civil liberties of homosexuals. However, additional tests show that Black Protestant church affiliation significantly predicts intolerance of other target groups (atheists and racists).

  3. 33 CFR 1.07-70 - Right to appeal.

    Science.gov (United States)

    2010-07-01

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

  4. The Consequences of Official Labels: An Examination of the Rights Lost by the Mentally Ill and Mentally Incompetent Since 1989.

    Science.gov (United States)

    Walker, Andrea M; Klein, Michael S; Hemmens, Craig; Stohr, Mary K; Burton, Velmer S

    2016-04-01

    This study presents a survey of state statutes which restrict the civil rights of persons with a mental illness or who have been declared mentally incompetent. Five civil rights (voting, holding public office, jury service, parenting, and marriage) are examined. The results of this study are compared with the results of studies conducted in 1989 and 1999 to determine what changes have occurred over time in the restriction of civil rights of those suffering from mental health problems. This comparison reveals that states continue to restrict the rights of the mentally ill and incompetent, and that there is a trend towards increased restriction of political rights, including the right to vote and hold public office.

  5. B 150 civil engineering futures

    DEFF Research Database (Denmark)

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

  6. Detection of land-use and land cover changes in Franklin, Gulf, and Liberty Counties, Florida, with multitemporal landsat thematic mapper images

    Science.gov (United States)

    Shufen Pan; Guiying Li

    2007-01-01

    Florida Panhandle region has been experiencing rapid land transformation in the recent decades. To quantify land use and land-cover (LULC) changes and other landscape changes in this area, three counties including Franklin, Liberty and Gulf were taken as a case study and an unsupervised classification approach implemented to Landsat TM images acquired from 1985 to 2005...

  7. Civil War

    OpenAIRE

    Christopher Blattman; Edward Miguel

    2010-01-01

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

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

    OpenAIRE

    Weller, Penny

    2009-01-01

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

  9. Desobediencia civil: la autoridad de la reflexión vs la autoridad civil

    Directory of Open Access Journals (Sweden)

    Maria José Urteaga Rodríguez

    2016-06-01

    Full Text Available ¿Puede la desobediencia civil justificarse moralmente? Este trabajo intenta dar una respuesta afirmativa a esta pregunta. Para dar cuenta de por qué la desobediencia civil es moralmente justificable, primero se describen algunos rasgos esenciales de la desobediencia civil. Después se explica la manera en la que tensión entre el poder civil y el poder del individuo –tensión que se asume como la fuente de la desobediencia civil–, bajo la consideración de algunos pasajes de la Fundamentación metafísica de las costumbres, resulta sólo aparente. Una vez disuelta la tensión se defiende que las fuentes normativas individuales y sociales no sólo no se contraponen, sino que su complementariedad es necesaria para justificar la desobediencia civil. Aunque suene paradójico: sólo se puede abrir espacio a la desobediencia a partir de resaltar la importancia de la obediencia y de la ley.

  10. Civil engineering work

    International Nuclear Information System (INIS)

    Cousyn, Rene; Goubin, Jean.

    1977-01-01

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

  11. Income, inequality, and pollution. A reassessment of the environmental Kuznets Curve

    International Nuclear Information System (INIS)

    Torras, Mariano; Boyce, James K.

    1998-01-01

    Improvements in some measures of air and water quality can accompany rising per capita income, as illustrated by the so-called environmental Kuznets curve. For pollution variables which show such a relationship, we hypothesize that a more equitable distribution of power contributes to these outcomes, by enhancing the influence on policy of those who bear the costs of pollution, relative to the influence of those who benefit from pollution-generating activities. An empirical analysis of international variations in seven indicators of air and water quality supports this hypothesis. Literacy, political rights, and civil liberties are found to have particularly strong effects on environmental quality in low-income countries

  12. 7 CFR 3017.920 - Civil judgment.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil judgment. 3017.920 Section 3017.920 Agriculture... AGRICULTURE GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 3017.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether...

  13. 29 CFR 1471.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Civil judgment. 1471.920 Section 1471.920 Labor Regulations... SUSPENSION (NONPROCUREMENT) Definitions § 1471.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement...

  14. 77 FR 55175 - Civil Penalties

    Science.gov (United States)

    2012-09-07

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

  15. 75 FR 5244 - Civil Penalties

    Science.gov (United States)

    2010-02-02

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

  16. The Bill of Rights. Twelfth Grade--Principles of American Democracy Lesson. Schools of California Online Resources for Education (SCORE): Connecting California's Classrooms to the World.

    Science.gov (United States)

    Houghton, Robert

    When George Washington was sworn in as the first President of the United States on April 30, 1789, the U.S. Constitution had already been ratified, yet the future of the new country was at risk. Some people wanted a bill of rights added to the U.S. Constitution to guarantee individual liberties. Two groups opposed each other--the Federalists…

  17. Current situation of sexual and reproductive health of men deprived of liberty in the Institutional Care Center of San Jose

    Directory of Open Access Journals (Sweden)

    Dorita Rivas Fonseca

    2013-10-01

    Full Text Available The objective of this research was to determine the current status of the issue of sexual and reproductive health ofthe prisoners Institutional Care Center (CAI of San Jose. It is a descriptive study. Through a strategic samplingdetermined the participation of 102 men. The information was obtained by applying a self-administeredquestionnaire with closed and open questions. As a result relevant to your socio-demographic profile, it appearsthat deprived of their liberty is a very heterogeneous group. As regards sexual and reproductive health, the firstconcept they relate to the prevention of disease and the second reproductive aspects, this shows limitations inknowledge on the topics, something that affects the daily life activities and self-care. It is concluded that researchby nurses Gyneco-obstetric in the deprived of liberty is almost null not only in the country but in the world,especially if it comes with the male population. In the case of CAI Prison, health care is not enough for thenumber of inmates who inhabit (overpopulation of almost 50%, this implies a deterioration in health and physicalcondition of these people, as well as sexual and reproductive health

  18. 29 CFR 452.7 - Bill of Rights, title I.

    Science.gov (United States)

    2010-07-01

    ... STANDARDS GENERAL STATEMENT CONCERNING THE ELECTION PROVISIONS OF THE LABOR-MANAGEMENT REPORTING AND... against Improper Disciplinary Action”) are related to the rights pertaining to elections. Direct enforcement of title I rights, as such, is limited to civil suit in a district court of the United States by...

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

    Directory of Open Access Journals (Sweden)

    Svetlana Zimneva

    2015-01-01

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

  20. 31 CFR 19.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Civil judgment. 19.920 Section 19.920... SUSPENSION (NONPROCUREMENT) Definitions § 19.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction, whether by verdict, decision, settlement...

  1. 77 FR 70710 - Civil Penalties

    Science.gov (United States)

    2012-11-27

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

  2. 29 CFR 98.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Civil judgment. 98.920 Section 98.920 Labor Office of the Secretary of Labor GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 98.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of competent jurisdiction...

  3. 30 CFR 947.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 947.845 Section 947.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE WASHINGTON § 947.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

  4. 30 CFR 941.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 941.845 Section 941.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE SOUTH DAKOTA § 941.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

  5. 30 CFR 912.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 912.845 Section 912.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE IDAHO § 912.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

  6. 30 CFR 921.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 921.845 Section 921.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE MASSACHUSETTS § 921.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

  7. 30 CFR 939.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 939.845 Section 939.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE RHODE ISLAND § 939.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for...

  8. 30 CFR 937.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 937.845 Section 937.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE OREGON § 937.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

  9. 30 CFR 942.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 942.845 Section 942.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE TENNESSEE § 942.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply to the assessment of civil penalties for...

  10. 30 CFR 903.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 903.845 Section 903.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE ARIZONA § 903.845 Civil penalties. Part 845 of this chapter, Civil Penalties, applies to the assessment of civil penalties for violations...

  11. 30 CFR 910.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 910.845 Section 910.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE GEORGIA § 910.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

  12. 30 CFR 922.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 922.845 Section 922.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE MICHIGAN § 922.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply when civil penalties are assessed for violations...

  13. 30 CFR 933.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 933.845 Section 933.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE NORTH CAROLINA § 933.845 Civil penalties. Part 845 of this chaper, Civil Penalties, shall apply when civil penalties are assessed for...

  14. 30 CFR 905.845 - Civil penalties.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil penalties. 905.845 Section 905.845... PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE CALIFORNIA § 905.845 Civil penalties. Part 845 of this chapter, Civil Penalties, shall apply to the assessment of civil penalties for...

  15. 75 FR 79978 - Civil Penalties

    Science.gov (United States)

    2010-12-21

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

  16. 75 FR 49879 - Civil Penalties

    Science.gov (United States)

    2010-08-16

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

  17. Trust, life satisfaction and opinions on immigration in 15 European countries

    NARCIS (Netherlands)

    Jeroen Boelhouwer; Gerbert Kraaykamp; Ineke Stoop

    2016-01-01

    Europa is going through an eventful period. The economic crisis, large migration flows and terrorist attacks are cross-border events that put pressure on international solidarity and attitudes towards civil liberties such as freedom of movement. To what extent are the inhabitants of European

  18. 78 FR 33689 - Organization and Delegation of Powers and Duties

    Science.gov (United States)

    2013-06-05

    ... 0311-AA02 Organization and Delegation of Powers and Duties AGENCY: Privacy and Civil Liberties... this rule to provide information to the public about the Board's organization, function, and operations...'s organization and functioning and, therefore, is exempt from requirements related to notice and...

  19. The Origins of Agrarianism and the Development of the Self.

    Science.gov (United States)

    Hanson, Victor Davis

    1998-01-01

    Describes the history of agrarianism and its connection with Western cultural values of private property, civil liberties, constitutional government, separation of power, individualism, and self-reliance. Argues that agrarian history has vast implications beyond just farming, affecting the language, values, and foundations of culture. Discusses…

  20. Ethical aspects of face recognition systems in public places.

    NARCIS (Netherlands)

    Brey, Philip A.E.

    2004-01-01

    This essay examines ethical aspects of the use of facial recognition technology for surveillance purposes in public and semipublic areas, focusing particularly on the balance between security and privacy and civil liberties. As a case study, the FaceIt facial recognition engine of Identix