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

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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.

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.

APA efforts in promoting human rights and social justice.

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Leong, Frederick T L; Pickren, Wade E; Vasquez, Melba J T

2017-11-01

This article reviews the American Psychological Association's (APA) efforts in promoting human rights and social justice. Beginning with a historical review of the conceptualizations of human rights and social justice, the social challenges that have faced the United States over time are discussed in relation to the APA's evolving mission and strategic initiatives enacted through its boards, committees, and directorates. From early efforts on the Board for Social and Ethical Responsibility in Psychology and the Board of Ethnic Minority Affairs to the establishment of the Public Interest Directorate, the APA's efforts to address these human rights and social justice challenges through its task force reports, guidelines, and policies are described. Specifically, issues related to diversity and underrepresentation of minority group members and perspective within the APA, as well as women's issues (prochoice, violence against women, sexualization of young girls, human trafficking) were central to these efforts. These minority groups included racial and ethnic minority groups; immigrants and refugees; lesbian, gay, bisexual, transgendered, and queer individuals; and those with disabilities. Later attention shifted to broader social justice challenges within a public health perspective, such as AIDS, obesity, and violence. Also included is a brief discussion of the Hoffman Report. The article ends with a discussion of future directions for the APA's efforts related to human rights and social justice related to health disparities, violent extremism, social inequality, migration, cultural and racial diversity, and an evidence-based approach to programming. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

Principles of Economic Union. An Extension of John Rawls's Theory of Justice

NARCIS (Netherlands)

Wolthuis, A.J.

2017-01-01

In this article I uncover the principles of justice by which an economic union is to be constituted. For this purpose I extend John Rawls’s constructivist theory of justice to economically integrated societies. With regard to the principles I defend a twofold claim. First, the principles of economic

Access to justice : An economic approach

NARCIS (Netherlands)

Zhou, J.

2010-01-01

This Ph.D. thesis consists of a collection of four independent papers on economic analysis of access to justice. The research methodologies involve game theoretical and empirical analysis of litigation and settlement. Chapter two investigates the institutional causes of delay in litigation. Using

What is justice in education? Sketch of answer based on theories of justice and economics.

OpenAIRE

D. Waltenberg , Fábio

2004-01-01

D. Waltenberg, F. (2004). What is justice in education? Sketch of answer based on theories of justice and economics. Les Cahiers de Recherche du Girsef, 32.; What is justice in education? How can we evaluate whether given distributions of educational inputs or educational outcomes are just or not? How should a society distribute its educational resources? How can we evaluate the level of (un)fairness of a schooling system? In this paper, we try to provide a basic framework for thinking about ...

Integrating social justice concerns into economic evaluation for healthcare and public health: A systematic review.

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Dukhanin, Vadim; Searle, Alexandra; Zwerling, Alice; Dowdy, David W; Taylor, Holly A; Merritt, Maria W

2018-02-01

Social justice is the moral imperative to avoid and remediate unfair distributions of societal disadvantage. In priority setting in healthcare and public health, social justice reaches beyond fairness in the distribution of health outcomes and economic impacts to encompass fairness in the distribution of policy impacts upon other dimensions of well-being. There is an emerging awareness of the need for economic evaluation to integrate all such concerns. We performed a systematic review (1) to describe methodological solutions suitable for integrating social justice concerns into economic evaluation, and (2) to describe the challenges that those solutions face. To be included, publications must have captured fairness considerations that (a) involve cross-dimensional subjective personal life experience and (b) can be manifested at the level of subpopulations. We identified relevant publications using an electronic search in EMBASE, PubMed, EconLit, PsycInfo, Philosopher's Index, and Scopus, including publications available in English in the past 20 years. Two reviewers independently appraised candidate publications, extracted data, and synthesized findings in narrative form. Out of 2388 publications reviewed, 26 were included. Solutions sought either to incorporate relevant fairness considerations directly into economic evaluation or to report them alongside cost-effectiveness measures. The majority of reviewed solutions, if adapted to integrate social justice concerns, would require their explicit quantification. Four broad challenges related to the implementation of these solutions were identified: clarifying the normative basis; measuring and determining the relative importance of criteria representing that basis; combining the criteria; and evaluating trade-offs. All included solutions must grapple with an inherent tension: they must either face the normative and operational challenges of quantifying social justice concerns or accede to offering incomplete policy

Is prophetic discourse adequate to address global economic justice?

African Journals Online (AJOL)

Test

2011-02-15

Feb 15, 2011 ... of moral discourse adequately addresses issues of economic injustice. ... plays an indispensable role in addressing issues of global economic justice, but ...... governance in their business practices, to provide a tool for a.

The Economic Payoff to Investing in Educational Justice

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Levin, Henry M.

2009-01-01

The quest for educational equity is a moral imperative for a society in which education is a crucial determinant of life chances. Yet whether there is an economic return to the taxpayer for investing in educational justice is often not considered. It is possible that the economic benefits of reducing inadequate education exceed the costs,…

Protecting Children Rights under International Criminal Justice

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Erinda Duraj (Male

2015-03-01

Full Text Available Children are a central concern of international criminal justice. International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly being targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Sierra Leone, the Democratic Republic of Congo, Rwanda, Colombia, and many others illustrate this. The participation of children in international criminal justice and other accountability mechanisms is now one of the major issues facing criminal justice today. In this sense, this paper presents a short overview on the issue of children and their participation in international criminal justice. The paper thus focuses on giving a definition of “child/children” according to international norms, which are the key principles of children’s rights, their participation in the criminal justice system, the different international crimes committed by them or against them etc. Also, this paper briefly addresses the main contours of the normative framework regarding the criminal responsibility of children for their alleged participation in international crimes. It reviews international norms regarding children who may be accused of having participated in the commission of such crimes themselves (as child soldiers and identifies their criminal responsibility for such acts. Finally, this paper acknowledges the obligations of states under international law to prosecute persons accused of genocide, war crimes, crimes against humanity, torture and enforced disappearances, specifically focusing on crimes against children.

Imagining Global Health with Justice: In Defense of the Right to Health.

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Friedman, Eric A; Gostin, Lawrence O

2015-12-01

The singular message in Global Health Law is that we must strive to achieve global health with justice--improved population health, with a fairer distribution of benefits of good health. Global health entails ensuring the conditions of good health--public health, universal health coverage, and the social determinants of health--while justice requires closing today’s vast domestic and global health inequities. These conditions for good health should be incorporated into public policy, supplemented by specific actions to overcome barriers to equity. A new global health treaty grounded in the right to health and aimed at health equity--a Framework Convention on Global Health (FCGH)--stands out for its possibilities in helping to achieve global health with justice. This far-reaching legal instrument would establish minimum standards for universal health coverage and public health measures, with an accompanying national and international financing framework, require a constant focus on health equity, promote Health in All Policies and global governance for health, and advance the principles of good governance, including accountability. While achieving an FCGH is certainly ambitious, it is a struggle worth the efforts of us all. The treaty’s basis in the right to health, which has been agreed to by all governments, has powerful potential to form the foundation of global governance for health. From interpretations of UN treaty bodies to judgments of national courts, the right to health is now sufficiently articulated to serve this role, with the individual’s right to health best understood as a function of a social, political, and economic environment aimed at equity. However great the political challenge of securing state agreement to the FCGH, it is possible. States have joined other treaties with significant resource requirements and limitations on their sovereignty without significant reciprocal benefits from other states, while important state interests would

distributive justice and human rights in climate policy

African Journals Online (AJOL)

RAYAN_

considerable ethical challenges when issues of justice and human rights .... change damages for GHG emissions pathways based on 'business-as- usual' as well ... (3) Global environmental change 297-301; William Nordhaus, 'A review of the.

Promoting Human Rights and Justice from the Perspective of the ...

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

As the economic and political clout of new and emerging powers such as China, ... These tools will help guide IDRC's Governance, Security, and Justice ... of its 2017 call for proposals to establish Cyber Policy Centres in the Global South.

Truth and victims’ rights: Towards a legal epistemology of international criminal justice

OpenAIRE

Aguilera, Edgar R.

2013-01-01

The author advances the thesis that the now well established international crime victims' right to know the truth creates an opportunity for an applied epistemology reflection regarding international criminal justice. At the heart of the project lies the author's argument that this victims' right -if taken seriously- implies both the right that the international criminal justice system's normative structures or legal frameworks and practices feature a truth-promoting profile, or in other word...

Is prophetic discourse adequate to address global economic justice?

Directory of Open Access Journals (Sweden)

Piet J. Naudé

2011-04-01

Full Text Available This article outlined key features of prophetic discourse and investigated whether this form of moral discourse adequately addresses issues of economic injustice. It is shown that the strength of prophetic discourse is its ability to denounce instances of injustice whilst at the same time announcing a God-willed alternative future. The ‘preferential option for the poor’ in Latin American liberation theologies is treated as a case study of the influence of prophetic discourse in contexts of perceived economic injustice. Also the core weaknesses of prophetic discourse are investigated, specifically its incomplete moral argument, weak moral analyses, silence on transition measures, and its inability to take a positive stance on reforms in the system from which itself benefits. In the final section it is concluded that prophetic discourse plays an indispensable role in addressing issues of global economic justice, but – taken by itself – it is not an adequate form of moral discourse to address concrete matters of justice.

[AN EVALUATION OF JUSTICE AND RIGHT TO HEALTH CONCEPTS IN THE PERSPECTIVES OF ETHICAL THEORIES].

Science.gov (United States)

Ekmekçi, Perihan Elif; Arda, Berna

Right to health is considered as a fundamental human right. However the realization of right to health is facing obstacles due to the scarce resources which are needed for the provision of health services. Besides the vast technological improvements in medical area leads to the development of diagnosis and treatment possibilities each and every day. Thus, the provision of health services becomes a subject of distributive justice. To define the concept of justice, first one should identify the conditions of demanding right to have something and then determine how and who is obliged to give the deserved. Ethical theories form their own paradigms of acting right regarding their anchor points and priority values. The basic concepts such as justice or right to health are considered and conceptualized within the paradigms of the ethical theories. Thus some ethical theories consider right to health as a natural constituent of human being, while some may consider it contextual and others may reject it completely. In a similar vein, justice and related concepts of justice such as formal and material principles of justice differ regarding the paradigm of the ethical theory in which we position ourselves. The paradigms of ethical theories demand different approaches from each other both in defining the concepts and implementations in practical life. This paper sets forth how justice and right to health is conceptualized in the virtue ethics, deontological ethics, liberal ethical theory and communitarian ethical theories. To this end first the general frame of each ethical theory and how justice is conceptualized within this frame is defined. Following that a discussion of the possibility of justification of the right to health within the context of ethical theory is perused.

Justice and justiciability: advancing solidarity and justice through South Africans' right to health jurisprudence.

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Forman, Lisa

2008-09-01

The South African Constitutional Court's jurisprudence provides a path-breaking illustration of the social justice potential of an enforceable right to health. It challenges traditional objections to social rights by showing that their enforcement need not be democratically unsound or make zero-sum claims on limited resources. Indeed the South African experience suggests that enforcing health rights may in fact contribute to greater degrees of collective solidarity and justice as the Court has sought to ensure that the basic needs of the poor are not unreasonably restricted by competing public and private interests. This approach has seen the Court adopt a novel fights paradigm which locates individual civil and social rights within a communitarian framework drawing from the traditional African notion of'ubuntu', denoting collective solidarity, humaneness and mutual responsibilities to recognize the respect, dignity and value of all members of society. Yet this jurisprudence also illustrates the limits of litigation as a tool of social transformation, and of social rights that remain embedded in ideological baggage even where they have been constitutionally entrenched and enforced. This paper explores the Constitutional Court's unfolding jurisprudence on the right to health, providing background to the constitutional entrenchment of a justiciable right to health; exploring early Constitutional Court jurisprudence on this right; turning to the forceful application of this right in relation to government policy on AIDS treatment; and concluding with thoughts about the strengths and limits of this jurisprudence in light of subsequent case-law.

Rights and Justice and the Social Web Movement (Latin America ...

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

Rights and Justice and the Social Web Movement (Latin America) ... mounted to raise public awareness of the importance of privacy as a human right on the Internet. ... conference of McGill's Institute for the Study of International Development.

What Form of Climate Justice? A Challenge to the Idea of Emissions Rights and Permits

International Nuclear Information System (INIS)

Piguet, Frederic-Paul

2015-01-01

With the next Conference of the Parties to the UN Framework Convention on Climate Change (COP) coming up in Paris in late 2015, it is probably a good time to examine the philosophical foundations underpinning discussions on the -largely economic- mechanisms likely to modify the behaviour of the main greenhouse-gas emitters. That is, at any rate, the aim of this article by Frederic-Paul Piguet on the notion of 'climate justice', which questions the pertinence of emissions rights and permits, and examines how the limits of the biosphere should be respected, on the basis of the principle of not doing harm to others. After reminding us of the principles of distributive justice as this applies in the environmental field, Piguet demonstrates the inability of that theory to confront the biosphere for what it is: namely, the fundamental precondition for humanity's common good, which must be respected in a way that transcends the generations, its equilibrium taking precedence over all other considerations, including the economic. Applying this conception, the limits of the biosphere must not be evaluated in terms of a 'sociologized' judgment, as is the case at the moment, but an 'ecologized' one, 'recognizing the part of the biosphere that isn't available for humanity's use and mustn't be touched.' Hence the impossibility of distributing emissions rights for the levels that infringe on this untouchable part, and the inadequacy of theories of distributive justice in this regard. Stressing the fact that the capacities of the biosphere cannot be treated as extendable 'spoils' to be shared out, he sees the prohibition on doing harm as the principle that can set the biosphere in its rightful place as the fundamental precondition for the common good. Consequently, high levels of emissions can only be granted a 'transitory tolerance' that underscores their lack of legitimacy. (author)

THE RIGHT TO SUTURES: SOCIAL EPIDEMIOLOGY, HUMAN RIGHTS, AND SOCIAL JUSTICE

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Venkatapuram, Sridhar; Bell, Ruth; Marmot, Michael

2013-01-01

The article examines the convergences and contrasts between social epidemiology, social medicine, and human rights approaches toward advancing global health and health equity. The first section describes the goals and work of the WHO Commission on Social Determinants of Health. The second section discusses the role of human rights in the Commission’s work. The third section evaluates, from the perspective of social epidemiology, two rights-based approaches to advancing health and health equity as compared to a view that focuses more broadly on social justice. The concluding section identifies four areas where social epidemiologists, practitioners of social medicine, and health and human rights advocates can and must work together in order to make progress on health and health equity. PMID:21178186

Rights with Capabilities: Towards a Social Justice Framework for Migrant Activism

Directory of Open Access Journals (Sweden)

Leah Briones

2011-07-01

Full Text Available The paradigm of rights, established throughout the academic, policy and migrant activism arenas, governs the protection of vulnerable migrant workers against abuse. To what extent this approach has achieved social justice for the migrant worker in the current global political economy climate is, however, uncertain. In analyzing the use of rights in migrant activism in Hong Kong, this paper shows the limitation of rights  in the migrant experience at the same time as it shows how a new paradigm based on the Capablities Approach could provide a more appropriate framework from which to achieve social justice for the migrant worker.

Rights with Capabilities: Towards a Social Justice Framework for Migrant Activism

Directory of Open Access Journals (Sweden)

Leah Briones

2011-08-01

Full Text Available

The paradigm of rights, established throughout the academic, policy and migrant activism arenas, governs the protection of vulnerable migrant workers against abuse. To what extent this approach has achieved social justice for the migrant worker in the current global political economy climate is, however, uncertain. In analyzing the use of rights in migrant activism in Hong Kong, this paper shows the limitation of rights  in the migrant experience at the same time as it shows how a new paradigm based on the Capablities Approach could provide a more appropriate framework from which to achieve social justice for the migrant worker.

A Mixed Methods Approach to Equity and Justice Research: Insights from Research on Children's Reasoning About Economic Inequality.

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Mistry, Rashmita S; White, Elizabeth S; Chow, Kirby A; Griffin, Katherine M; Nenadal, Lindsey

2016-01-01

Mixed methods research approaches are gaining traction across various social science disciplines, including among developmental scientists. In this chapter, we discuss the utility of a mixed methods research approach in examining issues related to equity and justice. We incorporate a brief overview of quantitative and qualitative monomethod research approaches in our larger discussion of the advantages, procedures, and considerations of employing a mixed methods design to advance developmental science from an equity and justice perspective. To better illustrate the theoretical and practical significance of a mixed methods research approach, we include examples of research conducted on children and adolescents' conceptions of economic inequality as one example of developmental science research with an equity and justice frame. © 2016 Elsevier Inc. All rights reserved.

Transitional justice as social control: political transitions, human rights norms and the reclassification of the past.

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Dudai, Ron

2017-09-12

This article offers an interpretation of transitional justice policies - the efforts of post-conflict and post-dictatorship societies to address the legacy of past abuses - as a form of social control. While transitional justice is commonly conceptualized as responding to a core problem of impunity, this article argues that such formulation is too narrow and leads to lack of coherence in the analysis of the diverse array of transitional mechanisms, which include among others trials, truth commissions, reparations for victims and apologies. Building on the work of Stanley Cohen, the article contends that the core transitional problem is the denial of human rights violations, and consequently that the common purpose of all transitional justice mechanisms is to reclassify the past: redefining as deviant some acts and individuals which prior to the transition were considered 'normal'. The article identifies and analyses three themes in the application of a social control framework to transitional justice: (1) truth, memory and retroactive social control, pertains to the way truth-seeking transitional justice mechanisms reclassify past events by engaging in social control of and through memory; (2) censure, celebration and transitional social control refers to the reclassification of categories of individuals through expressions of both social disapproval and praise; and (3) civil society and social control from below concerns the role of social movements, organizations and groups as informal agents of social control during transitions. The concluding section recaps and briefly explores the concept of 'good moral panic' in the context of political transitions. While the concept of social control tends to have negative connotations for critical sociologists, this work suggests that efforts to categorize, punish and disapprove certain behaviours as deviant may not only be viewed as supporting a conservative status-quo, but also as promoting fledging human rights norms. �

Teaching Human Rights from Below: Towards Solidarity, Resistance and Social Justice

Directory of Open Access Journals (Sweden)

Melissa Canlas

2015-10-01

Full Text Available In this article, we discuss our approaches, pedagogies, and practices for a weekly human rights club that serves immigrant and refugee youth.  The research team is involved in a research collaboration with a public high school in a large urban area on the West Coast.  In this article, we discuss some of our curricular and pedagogical strategies and students’ responses to lesson plans and activities that aimed to build solidarity, resistance to dominant and assimilative narratives, and action towards social justice.  Our approach focuses on intersecting a transforamtive human rights perspective with the praxes of critical pedagogies and social justice.  This article discusses a radical approach to teaching Human Rights along three key themes: student-centered human rights pedagogy, cultural wealth and HRE, and students’ articulation of human rights language into action.

Global Information Justice: Rights, Responsibilities, and Caring Connections.

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Smith, Martha

2001-01-01

Explains the concept of global information justice and describes it as an ethical ideal, as an organizing principle for a model for analysis, and as a direction for policy making. Discusses the use of new technologies; access to technology; ownership; privacy; security; community; and the Universal Declaration of Human Rights. (Author/LRW)

Struggles for Equal Rights and Social Justice as Unrepresented and Represented in Psychological Research.

Science.gov (United States)

Turiel, Elliot; Chung, Eunkyung; Carr, Jessica A

2016-01-01

Issues of equality and social justice remain important concerns for contemporary societies. Struggles for equal rights and fair treatment continue in both organized movements and in acts of everyday life. We first consider trends in psychological research that fail to address such struggles and may even impede theoretical understanding of the complex processes of thought and action involved when individuals confront situations of welfare, justice, and rights. Then, we consider research, which attempts to address these issues. We review studies on the development of moral judgments and on understandings of equality and distributive justice. We also discuss research that accounts for the varying social contexts of individual lives and conceives of human behavior as engaged in moral judgments, which often produce resistance and opposition to injustice. In conclusion, we call for more attention in psychological research to issues of equity and social justice. © 2016 Elsevier Inc. All rights reserved.

Visual graphics for human rights, social justice, democracy and the ...

African Journals Online (AJOL)

Keywords: art, democracy, human rights, social justice, the public good, visual graphics. Introduction ..... in industry and global communications pay scant regard to their effect on the environment. The ..... Upper Saddle River, NJ: Pearson/Merril.

Access to justice in the Convention on Rights system

NARCIS (Netherlands)

Gerards, J.H.; Glas, L.R.

2017-01-01

The numerous reforms to the Convention system of the past two decades have unquestionably had an effect on applicants’ means to access justice in the system. It is, however, open to question how these changes should be evaluated: with reference to the individual right to petition, or with reference

The Relation between Theory of Justice of John Rawls by Kant's Ethics and Hegel's philosophy of Right

Directory of Open Access Journals (Sweden)

Hazhir Mehri

2010-12-01

"Theory of justice" due to the boroad variety of social sciences, audience many attracted. Readers of this theory found a wide variety of disciplines ranging from psychology and economic to ethical issues. Selected topic for which it repeatedly Rawls in his book and his theory  named the Kantian and did not name in Hegel, the Hegelian's philosophy of Right theory of the hidden angles of this article will focus on, as well as his abut influence on some views Interpreters

Visual graphics for human rights, social justice, democracy and the ...

African Journals Online (AJOL)

Keywords: art, democracy, human rights, social justice, the public good, visual ..... (Figure 1), the symbolism is two-fold; firstly, the upper composition depicts the ... in industry and global communications pay scant regard to their effect on the ...

Criminal Justice Majors' Basic Knowledge of U.S. Constitutional Rights and Pedagogical Implications

Science.gov (United States)

Heuer, Janet; Coggins, Porter E.

2017-01-01

Criminal justice students preparing at the university level will be required to possess knowledge and understanding of applicable constitutional law, rights and responsibilities upon entering their profession to ensure the competent execution of the duties of which they will be entrusted to perform. Students majoring in the criminal justice field…

Creativity, Social Justice and Human Rights within Adult Education

Science.gov (United States)

Brown, Susannah

2015-01-01

In this paper, the author describes philosophical concepts of adult learning and their application as integrated with creative problem solving within the context of social justice and human rights. The context is framed by the work of the United Nations (1992) which emphasizes importance of women's roles and creativity in the process of forming a…

Right to access to justice in environmental matters

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Daniela Gračan

2010-01-01

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

The Relation between Theory of Justice of John Rawls by Kant\\\\\\'s Ethics and Hegel\\\\\\'s philosophy of Right

Directory of Open Access Journals (Sweden)

Asgar Dirbaz

2011-01-01

"Theory of justice" due to the boroad variety of social sciences, audience many attracted. Readers of this theory found a wide variety of disciplines ranging from psychology and economic to ethical issues. Selected topic for which it repeatedly Rawls in his book and his theory  named the Kantian and did not name in Hegel, the Hegelian's philosophy of Right theory of the hidden angles of this article will focus on, as well as his abut influence on some views Interpreters

Juvenile Justice in Mexico

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Martha Frías Armenta

2014-08-01

Full Text Available The first tribunal in Mexico was established in the central state of San Luis Potosi in 1926. The Law Regarding Social Prevention and Juvenile Delinquency for the Federal District and Mexican territories was promulgated in 1928. In 2005, Article 18 of the Mexican Constitution was modified to establish a comprehensive system (“Sistema Integral de justicia” in Spanish of justice for juveniles between 12 and 18 years old who had committed a crime punishable under criminal law. Its objective was to guarantee juveniles all the due process rights established for adults, in addition to the special ones recognized for minors. The constitutional reform also provides a framework that includes special tribunals as well as alternative justice options for juveniles. With these reforms, institutionalization of minors was to be considered an extreme measure applicable only to felonies and to juveniles older than 14. In 2006, all states within the Mexican federation enacted the “Law of justice for adolescents”. This system, at both the federal and state levels, formalizes a new global paradigm with regard to the triangular relationship between children, the State and the Law. It recognizes that children are also bearers of the inherent human rights recognized for all individuals, instead of simply objects in need of protection. However, despite formally aligning Mexican juvenile justice law with the Convention on the Rights of the Child (CRC, issues of actual substantive rights remained and new ones have appeared. For example, juveniles younger than 14 who have not committed a felony are released from institutions without any rehabilitation or treatment options, and alternative forms of justice were included without evaluating their possibilities of application or their conditions for success. In addition, the economic status of most juvenile detainees continues to be one of the most important determining factors in the administration of justice

Justice Project en Asie du Sud | IDRC - International Development ...

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

Le Justice Project réunit des documentaristes de renom, des chercheurs chevronnés et des praticiens afin de documenter l'état de la justice dans la région. Seront ... As countries in South Asia move toward greater economic integration, a range of interconnected challenges to constitutional and human rights guarantees are ...

Achieving Child Friendly Justice through Child Friendly Methods: Let’s Start with the Right to Information

Directory of Open Access Journals (Sweden)

Helen Stalford

2017-09-01

Full Text Available Making the justice process ‘child friendly’ is a key priority for the children’s rights community. An abundance of commentary has been produced by the UN Committee on the Rights of the Child to highlight how justice proceedings can be made more accessible for children and, in 2010, the Council of Europe issued its comprehensive ‘Guidelines on Child Friendly Justice’. Despite these efforts, children remain ill-informed, not just about the nature of justice proceedings in which they may be implicated, but about the very existence and scope of their rights and how to enforce them. Despite unequivocal acknowledgement that the availability and accessibility of information is the crucial starting point in a children’s rights-based approach to dispensing justice, there has been surprisingly little attempt to scrutinise the availability, quality and accessibility of information about laws and policies affecting children. This article takes a closer look at what, exactly, ‘child friendly’ information means in practice. In doing so, we argue that attempts to develop child friendly information have yet to progress beyond adult-driven, largely tokenistic and superficial re-branding exercises. As such, efforts to develop child friendly resources are often of limited value in empowering young people to develop their legal literacy and realise their rights in practice. We reflect on our attempt to develop an explicitly children’s rights-based approach to the development of child friendly resources with a view to enhancing their purchase. This took place in the context of a pilot project, commissioned by the Council of Europe in June 2014, to create a child friendly version of their Child Friendly Justice Guidelines.

Rights with Capabilities: Towards a Social Justice Framework for Migrant Activism

OpenAIRE

Leah Briones

2011-01-01

The paradigm of rights, established throughout the academic, policy and migrant activism arenas, governs the protection of vulnerable migrant workers against abuse. To what extent this approach has achieved social justice for the migrant worker in the current global political economy climate is, however, uncertain. In analyzing the use of rights in migrant activism in Hong Kong, this paper shows the limitation of rights  in the migrant experience at the same time as it shows how a ne...

Access to Justice in the European Convention on Human Rights System

NARCIS (Netherlands)

Glas, L.R.; Gerards, J.H.

2017-01-01

The numerous reforms to the Convention system of the past two decades have unquestionably had an effect on applicants’ means to access justice in the system. It is, however, open to question how these changes should be evaluated: with reference to the individual right to petition, or with reference

Bridging Social Justice and Children's Rights to Enhance School Psychology Scholarship and Practice

Science.gov (United States)

Shriberg, David; Desai, Poonam

2014-01-01

This article describes the overlap between the common goals of social justice and children's rights advocates as applied to scholarship and practice in school psychology. We argue that these frameworks overlap a great deal, with a primary distinction being the roots of each approach. Specifically, the origins of social justice movements in…

Coasian and Modern Property Rights Economics

DEFF Research Database (Denmark)

Foss, Kirsten; Foss, Nicolai

2015-01-01

Laying the foundations of property rights economics stands out among Ronald Coase's many seminal contributions. This approach had an impact on a number of fields in economics in, particularly, the 1960s and 1970s. The modern body of property rights economics mainly originates in the work Oliver...... Hart and is quite different in style, scope, and implications from the original property rights economics of Coase, Demsetz, Alchian, Cheung, Umbeck, Barzel, etc. Based on our earlier work on the subject (Foss and Foss, 2001), we argue that the change from Mark I to Mark II property rights economics...... led to a substantial narrowing of the scope of property rights economics, somewhat akin to a Kuhnian loss of content. In particular, Mark II property rights economics make strong assumptions concerning the definition and enforcement of ownership rights made which lead to many real life institutions...

Global Justice: Building International and Supranational Structures on the Basis of Fundamental Rights

Directory of Open Access Journals (Sweden)

Edgar Lammertse

2017-01-01

Full Text Available This article is intended to share a few thoughts, notions and questions about regulatory and governmental structures, both national and international, with regard to the development of global justice. It will highlight the issue whether or not local wisdom can contribute to global justice. In addition, this writing will discover legal problems that arise from the idea of global society and global justice by analyzing jurisdictional aspects and by explaining a little bit about dematerialization of crime, as it has been affected by the changing of communities’ behavior in global contexts after the era of computer and information and communication technology (ICT. Progressive development in Europe, especially regarding the European Union Law, will also be explored in order to describe the respect for fundamental rights in this region.

Engaging in the Struggle for Economic Justice in the Streets of the City of Tshwane

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Methula, Dumisane W.

2014-12-01

Full Text Available The Meal of Peace Project is a transformative encounter that represents a theoretical break with neo-liberal missiological discourses and seeks to liberate the Bible from ivory tower hegemonic paradigms. This is done through Bible studies with the homeless from the City of Tshwane, engaging in the struggle for economic justice in the hills and valleys of Tshwane. In the past 20 years the major characteristic of the democratic dispensation in South Africa, since the inauguration of majority rule in 1994, has been the intensification of the countrys socio-economic problems of poverty, unemployment and inequality. The struggle for economic justice is the new struggle for the prophetic church and liberation theologies in the current constitutional democratic juncture in post-apartheid South Africa. The need arises for exploring ethical alternatives to achieve economic injustice. This articles critical reflection on the socio-economic situation will be carried out through the Bible study session at TLF, where we looked at the message of Amos 5:22-24.

The Impact of the Economic Downturn in the Spanish Civil Justice System

NARCIS (Netherlands)

L. Carballo Pineiro (Laura); J. Nieva Fenoll (Jordi)

2015-01-01

textabstractThe Spanish justice system has been shaken by the econom- ic downturn as many other institutions have. This article addresses in the first place some statistical data that shed light as regards to the number of judges and the costs and length of the procedure in Spain. These figures help

Human rights in childbirth, narratives and restorative justice: a review.

Science.gov (United States)

Lokugamage, A U; Pathberiya, S D C

2017-02-02

This review describes the emerging global debate on the role of human rights childbirth. It is also tailored to a UK perspective in view of the Montgomery v. Lanarkshire [2015] legal ruling and it implications to practice. We can never underestimate the power of humane care on health. The compassion and evidence based medicine agenda in healthcare is interconnected with human rights in healthcare, feeding into the principles of decision making and patient centred care. When this has not happened and there is been healthcare conflict, the power of storytelling serves to connect disparate parties to their common humanity. Narratives are an important aspect of restorative justice processes and we suggest that this could be beneficial in the field of human rights in childbirth.

The Right to Dignity and Restorative Justice in Schools

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M Reyneke

2011-10-01

Full Text Available A retributive and punitive approach is normally adopted in dealing with misbehavior in South African schools. Despite the legal abolition of corporal punishment, more than 50 percent of schools still administer it. Other forms of punishment generally applied are also punitive in nature. The right to dignity of all of the parties affected by misbehaviour in schools is considered in this analysis. The possibility of adopting restorative justice as an alternative disciplinary approach is examined as a way of protecting, promoting and restoring the dignity of the victims of such misbehaviour.

The Development of Four Leading Principles of the Convention on the Rights of the Child in Vietnam´s Juvenile Justice

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Duc Nguyen

2017-01-01

Full Text Available The paper sheds light on the latest development of four CRC principles in the administration of Vietnam’s juvenile justice after the recent amendment of the Penal Code and Criminal Procedural Code of Vietnam. It also assesses the compatibility of the Vietnamese juvenile justice system compared to international standards elaborated by the CRC Committee. At the same time, certain issues are raised regarding the implementation of such principles in practice. Finally, concluding remarks will be provided together with recommendations on how to develop the juvenile justice system in Vietnam. Keywords: Vietnam’s juvenile justice; Children’s rights; CRC leading principles; juvenile offenders; the rights of the child; non-discrimination; best interests of the child; children’s right to life; survival and development; children’s right to be heard.

"No justice, no peace" and the right to self-determination: an interview with Gary Grant and Naeema Muhammed of the North Carolina Environmental Justice Network.

Science.gov (United States)

Grant, Gary; Muhammed, Naeema; Slatin, Craig; Scammell, Madeleine Kangsen

2014-01-01

This is an interview with Gary Grant and Naeema Muhammed, leaders of the North Carolina Environmental Justice Network. Each of them talks about where they grew up, their politicization, how their paths crossed, their work together after Hurricane Floyd, and the unique challenges of organizing for social justice for black communities in the South. We learn of their fight against concentrated animal feeding operations (CAFOs), primarily for the hog trade, and they take us up to North Carolina's Moral Monday protests of 2013 against legislation that threatens voting rights, public education, access to medical services, unemployment benefits, workers rights, occupational and environmental health, and women's access to reproductive health care. We are grateful to these two friends of New Solutions for their contribution to the journal, and we hope that their insights regarding struggles for social and environmental justice can serve as guides for us all.

Corrective Justice vs. Social Justice in the Aftermath of War

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Pablo Kalmanovitz

2010-11-01

Full Text Available How do we justify the practice of corrective justice for losses suffered during armed conflicts? This article seeks to show the force and relevance of this question, and to argue that, in cases of massively destructive wars, social justice should gain priority over corrective justice. Starting from a liberal Rawlsian conception of the relationship between corrective and social justice, it is argued that, paradoxically, the more destructive a war is, the less normative force corrective rights have and the higher priority policies of social justice, which guarantee basic rights to all citizens, should have.

OUTLAWING AMNESTY: THE RETURN OF CRIMINAL JUSTICE IN TRANSITIONAL JUSTICE SCHEMES*

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Lisa J. Laplante, University of Connecticut-School of Law, Estados Unidos

2012-11-01

Full Text Available Abstract: This Article responds to an apparent gap in the scholarly literature which fails to merge the fields of human rights law and international criminal law—a step that would resolve the current debate as to whether any amnesty in transitional justice settings is lawful. More specifically, even though both fields are a subset of transitional justice in general, the discipline of international criminal law still supports the theory of “qualified amnesties” in transitional justice schemes, while international human rights law now stands for the proposition that no amnesty is lawful in those settings. This Article brings attention to this new development through a discussion of the Barrios Altos case. This Article seeks to reveal how an international human rights decision can dramatically impact state practice, thus also contributing to a pending question in international human rights law as to whether such jurisprudence is effective in increasing human rights protections. The Article concludes by looking at the implications of this new legal development in regard to amnesties in order to encourage future research regarding the role of criminal justice in transitional justice schemes. Keywords: Amnesty in the Americas. Transitional Justice. Human Rights Violations

Distributive principles of economic justice: an Islamic perspective

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Zakiyuddin Baidhawy

2012-12-01

Full Text Available Poverty and impoverishment in the world currently continue to increase as aresult of distributive justice systems and its principles that became the basis ofcontemporary economics did not succeed in allocating and distributing resourcesjustly. Based on this problem, this study aimed at describing the Islamic responseto the problem of distributive injustice, and how necessarily the state played arole in upholding distributive justice. Through the thematic-induction method andthe synthetic analysis, the study finds out several findings as follows. Firstly,Islam formulated three principles of distributive justice as follows: 1 the Distributionof natural and the environmental resources was in the framework of participation;2 the Redistribution of the wealth and the income were joint responsibilityof ascertaining social security, the increase in the capacity and the authorityfor them who were disadvantage; and 3 the Role of the state was certaintythat was complementary for the ethical market in order to guarantees the senseof justice and the achievement of public welfare. Secondly, according to Islam,the process of the redistribution of the wealth and the income aimed at givingsocial security on the fulfillment of basic needs for the poor; strove for the increasein the capacity through education and skills; and increased the poor’sbargaining position through their participation in decision making that was linkedwith their interests and the control on its implementation. Thirdly, the intention of establishing justice was to gain both individual and public welfare and the happiness(al-fala>h}.Kemiskinan dan pemiskinan di dunia kontemporer terus meningkat sebagai akibatsistem keadilan distributif dan prinsip-prinsipnya yang menjadi basis ekonomisaat ini tidak berhasil dalam mengalokasikan dan memeratakan sumber dayasecara adil. Berdasarkan masalah ini, kajian ini bertujuan untuk menjelaskanrespon Islam atas problem ketidakadilan distributif, dan

The Relation between Theory of Justice of John Rawls by Kant's Ethics and Hegel's philosophy of Right

Directory of Open Access Journals (Sweden)

Dirbaz, A

2011-01-01

Full Text Available After the famous book on political philosophy of Karl Popper and in support of the liberal doctrine titled" Open society and its enemies", the most famous theory of John Rawls, the university of Harwaed professor in political philosophy in, which a book titled" A theory of justice "was published in 1971. This book includes several articles that eventually, has formed like a book has increased a wide audience in the university and professional journals, particularly in English –speaking countries. Rawls book, based on ethical approach –the political challenge with common issues, including comments utilitarianism payment. Rawl's theory of john Stuart Mill, David Hume and the ethical discussion sidgwick quit common and was considered beyond established based tradition of ethical contractivism and deontological ethics theory of Kant and Hegel's philosophy of right to and re-design concepts of his theory in the tradition of normative political philosophy west restored."Theory of justice" due to the boroad variety of social sciences, audience many attracted. Readers of this theory found a wide variety of disciplines ranging from psychology and economic to ethical issues. Selected topic for which it repeatedly Rawls in his book and his theory named the Kantian and did not name in Hegel, the Hegelian's philosophy of Right theory of the hidden angles of this article will focus on, as well as his abut influence on some views Interpreters.

Extending Justice: a rights-based account of our obligations to distant people

OpenAIRE

Fitzgerald, John

2012-01-01

This thesis examines a prima facie tension between the narrow scope of social justice proposed by many liberal, rights-based accounts, and the intuition that we have a strong obligation to help distant people who are in great need. 'Distant people' in this instance are people who do not share our nationality, or those who will come to exist as members of future generations. Ways in which liberal, right-based theories of political philosophy can resolve this tension are examined, and the thesi...

THE INFLUENCE OF THE INTERNATIONAL RIGHT IN THE MILITARY JUSTICE REFORM IN LATIN AMERICA

OpenAIRE

DANIEL SOTO MUÑOZ

2017-01-01

This article describes that the military right comes from the constitutional regulation of the use of force. This regulation imposes a particular duty of obedience to the military, that is guarded at the same time, by the military disciplinary right and the military penal code. It informs that although military justice is not forbidden by the international right of the Human Rights, is considered as a regulation of restricted application. Also details, the valid requisites presented by the in...

Special Justice for Peace: A Transitional Justice Model According to Modern Tendencies and Orientations of Law and Justice

Directory of Open Access Journals (Sweden)

Carlos Arturo Gómez Pavajeau

2016-06-01

Full Text Available The article analyses the constitutional implications of the peace agreement about Colombia’s armed conflict. It examines constitutional rules and international instruments about human rights, confronting the agreement with justice criteria in the national and international context, to underline the role of justice for the definitive solution of the conflict. By using the methodology of opposing concepts, it reviews the implications of formal justice and material justice, to establish the superiority of the last one and it’s relation with social justice; it analyses the differences between individual justice and global justice, to demonstrate the need to obtain an integral justice; it contrasts alternative justice and traditional justice, to propose an integrated justice; it explains that justice based upon the formal syllogism should be overcome by a justice based upon equity, to obtain a justice anchored in the Constitution, universal and concentrated in the human rights; it hypothesizes that justice supported in the atonement and retribution should be overcome by a justice that is preventive and restorative, that allows the construction of a justice focused in the future, without ignoring the past; it clarifies that justice with one jurisdiction and special justice are the components of a integrative transitional justice; it explains the presence of justice in different institutions with different functions and justice concentrated in one institution, although with different functions, because there is a search for an integrative justice; it exposes the search for a constitutional and political justice, discussing the vision of justice as a triumph of the force or the scandalous concession of benefits; it exalts that it is a justice in search of a positive discrimination, not a negative discrimination, overcoming the discussion between justice for the powerful and justice for the weak; finally, it considers that it is a justice

Educação, justiça e direitos humanos Education, justice, and human rights

Directory of Open Access Journals (Sweden)

Carlos Alberto Vilar Estêvão

2006-04-01

Full Text Available Neste artigo, o autor reflecte sobre a questão da justiça e dos direitos humanos, tendo presente as exigências da democracia deliberativa, na linha de Habermas e, sobretudo, as propostas de uma democracia comunicativa. Assim e num primeiro momento, o autor problematiza as relações entre democracia, justiça e direitos humanos, dando um particular realce quer às tendências individualistas e mercantilizadas de ver a democracia e os direitos quer às concepções deliberativa e comunicativa da democracia e suas implicações em termos de justiça e direitos humanos. A partir daqui, a reflexão inflecte para o campo da educação, como um outro lugar da justiça, debatendo a questão da justiça escolar e a concepção da escola como organização dialógica e comunicativa, realçando, em linguagem habermasiana, as funcionalidades sistémica e comunicativa que a perpassam. O autor completa esse enquadramento destacando, dentro da ideia de que a escola é um lugar de vários mundos e de justiças, as múltiplas racionalidades mobilizadas pelos actores escolares, a quem compete fazer opções, conscientes de que, quando a racionalidade comunicativa-emancipatória domina sobre outros tipos de racionalidade, a justiça e os direitos se abrem e se universalizam. Finalmente, essa discussão é retomada no último ponto do artigo, mas agora enquadrada nos desafios da globalização entendida em vários sentidos, terminando com a referência, dentro de uma concepção de globalização contra-hegemónica, a uma "democracia cosmopolítica", favorecedora de uma cordialidade solidária e cosmocidadã, apoiada nos direitos humanos.In this article the author reflects on the issue of justice and human rights, considering the demands of a deliberative democracy, along the lines of Habermas and, above all, of the proposals of a communicative democracy. Thus, at first, the author problematizes the relationships between democracy, justice, and human rights

A right to truth, justice and a remedy for African victims of serious ...

African Journals Online (AJOL)

A right to truth, justice and a remedy for African victims of serious violations of international humanitarian law. Avril McDonald. Abstract. No Abstract. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · AJOL African Journals Online. HOW TO USE AJOL.

Measuring Intergenerational Justice

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Laurence J. Kotlikoff

2017-12-01

Full Text Available Concern with intergenerational justice has long been a focus of economics. This essay considers the effort, over the last three decades, to quantify generational fiscal burdens using label-free fiscal gap and generational accounting. It also points out that government debt -- the conventional metric for assessing generational fiscal justice,– has no grounding in economic theory. Instead, official debt is the result of economically arbitrary government labelling decisions: whether to call receipts “taxes” rather than “borrowing” and whether to call payments “transfer payments” rather than “debt service”. Via their choice of words, governments decide which obligations to put on, and which to keep off, the books. The essay also looks to the future of generational fiscal-justice analysis. Rapid computational advances are permitting economists to understand not just direct government intergenerational redistribution, but also how such policies impact the economy that future generations will inherit.

The Online Right to be Forgotten in the European Justice Evolution

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Augusto Sebastio

2015-06-01

Full Text Available The landscape of internationally recognized rights is increasingly expanding the web and the Information technology law contributes, through the creation of new situations arising from practices identified by the doctrine, to the recognition of new digital rights. The typical path of the affirmation of a ‘New right’ find sudden recognition through national or international case studies that generate the actual recognition of rights that were previously only expectations and that automatically become necessities. The birth of the right to oblivion, i.e., the right to forget and to be forgotten, should be understood as the right to have memories related to a particular subject and to the processes of indexing and storage, including the ability to manage and establish them in hands of third parties. The recent case from the European Union Court of Justice in 2014 is a mirror for the right to be forgotten and censorship in the different landscape of USA and European Law. The present research is a tool for evaluation and analysis of the proposed European regulations.

The Human Rights and Social Justice Scholars Program: a collaborative model for preclinical training in social medicine.

Science.gov (United States)

Bakshi, Salina; James, Aisha; Hennelly, Marie Oliva; Karani, Reena; Palermo, Ann-Gel; Jakubowski, Andrea; Ciccariello, Chloe; Atkinson, Holly

2015-01-01

Despite the importance of the role social justice takes in medical professionalism, the need to train health professionals to address social determinants of health, and medical trainees' desire to eliminate health disparities, undergraduate medical education offers few opportunities for comprehensive training in social justice. The Human Rights and Social Justice (HRSJ) Scholars Program at the Icahn School of Medicine at Mount Sinai is a preclinical training program in social medicine consisting of 5 components: a didactic course, faculty and student mentorship, research projects in social justice, longitudinal policy and advocacy service projects, and a career seminar series. The aim of this article is to describe the design and implementation of the HRSJ curriculum with a focus on the cornerstone of the HRSJ Scholars Program: longitudinal policy and advocacy service projects implemented in collaboration with partner organizations in East Harlem. Furthermore, we describe the results of a qualitative survey of inaugural participants, now third-year medical students, to understand how their participation in this service-learning component affected their clinical experiences and professional self-perceptions. Ultimately, through the implementation and evaluation of the HRSJ Scholars Program, we demonstrate an innovative model for social justice education; the enduring effect of service-learning experiences on participants' knowledge, skills, and attitudes; and the potential to increase community capacity for improved health through a collaborative educational model. Copyright © 2015 The Authors. Published by Elsevier Inc. All rights reserved.

the right to GOOD ADMINISTRATION IN THE Court of Justice of the EUROPEAN Union CASE LAW

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Elisabeta SLABU

2017-06-01

Full Text Available The provisions of the Lisbon Treaty highlight that, at present, the Union has as objectives, not only an unitary economic development, but also strengthening the observance of peoples' fundamental rights, hence, implicitly, the right to good administration. The Court of Justice of the European Union has analyzed over time, in its decisions, the emergence and development of the good administration principle, its fundamental elements, and impossibility of framing it clearly in a definition, and, not least, turning the principle of good administration into a fundamental right through the Charter of Fundamental Rights of the European Union. At European level, citizens of the EU member states, but also those from third countries thus benefit from a right to good administration in the relations with European Union institutions and bodies, according to Article 41 of the Charter of Fundamental Rights of the European Union. The same should be the proceeding at internal level. Each Member State of the European Union should concern itself about identifying and promoting the most adequate measures for ensuring good governance and good administration. By identifying and applying at national level the principles governing the public administration activity at European level can be created the requisites for a national public administration that is transparent and efficient, close to the needs and interests of its citizens and that could be considered an integral part of the European public administration.

Can the capitalist economic system deliver environmental justice?

Science.gov (United States)

Bell, Karen

2015-12-01

Can a healthy environment for all social groups be delivered through capitalism via market mechanisms? Or is it the capitalist system, itself, that has been at the root of the environmental and social crises we now face? This letter engages with this ongoing debate by drawing on material from a wider study, ‘Achieving Environmental Justice’, which examined the extent, form and causes of environmental justice and injustice in a range of countries with varying depths of marketization—United States, South Korea, United Kingdom, Sweden, China, Bolivia and Cuba. The analysis described here focuses on the interview material from this mixed methods study, drawing on over 140 interviews with officials, policy makers, and civil society leaders. The letter argues that there is an apparent propensity for capitalist processes to exacerbate, rather than reduce, environmental problems and inequities though the pursuit of relentless economic growth and profit accumulation. Therefore, we should perhaps let go of efforts to resolve environmental injustice within the constraints of capitalism and, instead, build an alternative economic system that can meet human needs in the context of a harmonious and respectful relationship with nature.

History or histories of socio-economic rights?

DEFF Research Database (Denmark)

Christiansen, Christian O.

2016-01-01

The German historian Reinhart Koselleck was once described as a partisan for histories in the plural (as opposed to history in the singular). His point was that history has many different layers, logics, and temporalities and that the modernist idea of one, overarching history with one direction ......) at work in the histories and dynamics of socio-economic rights. More specifically, I propose a list of eight important variables that may help explain the dynamics of the histories of socio-economic rights - their failures as well as their successes....... (telos) – be it towards progress or decline – was inadequate for the multi-faceted geographies, rhythms and dynamics of life. In these reflections on a two-days research workshop in Paris, I argue that Koselleck’s point also applies to the field of the history of socio-economic rights. Instead of writing...... the history of socio-economic rights, I would propose thinking about the histories of socio-economic rights. There are three main reasons for this: the non-teleological histories of socioeconomic rights; the distinctiveness between different socio-economic rights; and the complexity (multiple variables...

Distributional justice in Swedish wind power development – An odds ratio analysis of windmill localization and local residents’ socio-economic characteristics

International Nuclear Information System (INIS)

Liljenfeldt, Johanna; Pettersson, Örjan

2017-01-01

With a fast rise in large-scale wind power development in Sweden and other countries in recent years, issues related to energy justice generally and distributional justice specifically have become concerns in windmill siting. Some research, for instance, has indicated that it is easier to build windmills in economically marginalized communities. The evidence for this, however, is still limited. Thus, this study aims to statistically evaluate the extent to which the decisions to approve or reject windmill proposals in Sweden can be explained by factors related to the socio-economic characteristics of people living in the areas surrounding windmill sites. The study is based on an odds ratio analysis of decisions on all windmill proposals in Sweden, in which geo-referenced socio-economic data on an individual level for all inhabitants within 3 and 10 km of the windmill sites are studied. The results show skewness in the distribution of windmills, with a higher likelihood of rejection in areas with more highly educated people and people working in the private sector, compared to a higher likelihood of approval in areas with more unemployed people. This skewness, while not necessarily unjust, warrants further policy and research attention to distributional justice issues when developing wind power. - Highlights: • The distributional justice of windmill siting in Sweden is statistically evaluated. • Windmill siting decisions are related to people's socio-economic characteristics. • The results indicate some distributional skewness for wind power development. • The study gives statistical rigour and generalisability to energy justice findings. • The results warrant follow-ups and policy guides for how to handle benefit-sharing.

Special Justice for Peace: A Transitional Justice Model According to Modern Tendencies and Orientations of Law and Justice

OpenAIRE

Carlos Arturo Gómez Pavajeau

2016-01-01

The article analyses the constitutional implications of the peace agreement about Colombia’s armed conflict. It examines constitutional rules and international instruments about human rights, confronting the agreement with justice criteria in the national and international context, to underline the role of justice for the definitive solution of the conflict. By using the methodology of opposing concepts, it reviews the implications of formal justice and material justice, to establish the supe...

Property Rights and Functioning of Judicial System in Kosovo as a Preconditions for Economic Development of the Country

Directory of Open Access Journals (Sweden)

Haxhi Gashi

2017-08-01

Full Text Available The issues related to property rights and their protections are deeply complex ones that affect the life of all citizens of Republic of Kosovo. Even though, improvements on the functioning of judicial system in Kosovo are evident in recent years, continuous challenges regarding judicial affectivity and efficiency as well as independence, continue to impact negatively upon the rule of law and access to justice in Kosovo. Therefore this has direct impact on implementation of some of basic international human rights standards in the field of property rights. Furthermore, these challenges in the field of property rights and rule of law have direct impact on the foreign investments and economic development of the country. This paper will try to address some of main challenges that Kosovo judicial system is facing, in particular related to protection of property rights as well as challenges on functioning of civil judicial system in Kosovo. These challenges have other effects on investments and welfare of society, creating barriers for a proper economic development of the country and therefore producing uncertainty among population and creating the idea of migration in order to seek new opportunities.

An Introduction to Generative Justice

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Ron Eglash

2016-12-01

Full Text Available Marx proposed that capitalism’s destructive force is caused, at root, by the alienation of labor value from its generators. Environmentalists have added the concept of unalienated ecological value, and rights activists added the unalienated expressive value of free speech, sexuality, spirituality, etc. Marx’s vision for restoring an unalienated world by top-down economic governance was never fulfilled. But in the last 30 years, new forms of social justice have emerged that operate as “bottom-up”. Peer-to-peer production such as open source software or wikipedia has challenged the corporate grip on IP in a “gift exchange” of labor value; community based agroecology establishes a kind of gift exchange with our nonhuman allies in nature. DIY citizenship from feminist makerspaces to queer biohacking has profound implications for a new materialism of the “knowledge commons”; and restorative approaches to civil rights can challenge the prison-industrial complex. In contrast to top-down “distributive justice,” all of the above are cases of bottom-up or “generative justice” 

Achieving social justice for children: How can children's rights thinking make a difference?

Science.gov (United States)

Smith, Anne B

2016-01-01

This article draws on themes from the author's book, Children’s Rights: Toward Social Justice , that emerge from surveying children’s rights issues in different childhood contexts; the family, education, child protection, and health services. The author has selected five examples of application of children’s rights to a policy area and identified the implications for policy and practice. There are four core rights that cut across all children’s rights issues that are mentioned before discussing specific areas. First, children, regardless of race, sex, language, religion, disability, or class, are entitled to rights. In other words, all children should enjoy their rights and should not be discriminated against. Second, “the best interests of the child” should be “a primary consideration” in actions or decisions concerning children. Third, children have the right to survival and development. And fourth, children have the right to be consulted and have their views heard in matters that affect them. PsycINFO Database Record (c) 2016 APA, all rights reserved

Women's land rights and the challenge of patriachy: lessons from ...

African Journals Online (AJOL)

Women's land rights and the challenge of patriachy: lessons from ozalla community, edo state, Nigeria. ... production output and ensuring higher incomes. KEYWORDS: Cultural practices, customary, economic life, food crisis, food production, gender equity, land rights, patriarchy, rural agriculture, rural areas, social justice ...

Strengthening Locus Standi in Human Rights Litigation in Zimbabwe ...

African Journals Online (AJOL)

MJM Venter

2016-05-30

May 30, 2016 ... approach is likely to impact on the right to access to justice and human rights protection. 2. Locus standi ... Committee on Economic, Social and Cultural Rights General Comment 9: The. Domestic .... animosity towards an accused, in bad faith and without any warrant, were to rule that the question raised by ...

Concepts for Contemporary Social Work: Globalization, Oppression, Social Exclusion, Human Rights, Etc.

Directory of Open Access Journals (Sweden)

2005-05-01

Full Text Available The society wrestles with mass social change congruent with economic globalization and the communications revolution. This change creates new challenges for the social work profession in the areas of social and economic justice. This article analyzes the terminology of the new global era, words that signify a paradigm shift in outlook, most of them a reaction to the new authoritarianism of the age. Globalization, oppression, social exclusion, human rights, harm reduction, and restorative justice are the representative terms chosen.

Climate Change, Social Justice and Development

OpenAIRE

Terry Barker; Şerban Scrieciu; David Taylor

2008-01-01

Terry Barker, Şerban Scrieciu and David Taylor discuss the implications of climate change for social justice and the prospects for more sustainable development pathways. They state that the analysis and discussions surrounding the climate change problem, particularly those drawing on the traditional economics literature, have relied on a crude economic utilitarianism that no moral philosopher would endorse. Such arguments have typically ignored the concept of justice itself and wider e...

The Prisoners' Rights Protection in Indonesia Law System of Justice

Directory of Open Access Journals (Sweden)

Haidan Haidan

2016-03-01

Full Text Available The aim of the paper is to examine the provision of the prisoner’s rights protection in Indonesia law system of justice and its relation to the exemption conditional (EC in correctional institution. As an important issue, here is if the defendant override rules associated with the controversial issue in society, they will both at national and international level, such as human rights issues. The case was appeared recently, especially in the connection with the cases of exemption conditional, i.e. Pollycarpus Budihari Priyanto’s case. The case has become the center of public attention, especially after release of the Ministry of Law and Human Rights, who has been freeing the prisoners that related to the homicides Human Rights Activists (HRA i.e Munir Said Thalib. In the community, this decision raises the pro and contra. This paper concludes that all persons deprived of their liberty will be treated with humanity and guaranteed them with respect for the inherent dignity of the human person to be in accordance with the existing rules. In this case, the government of Indonesia has given the rights of prisoners through the stages of development of the inmates according to the stage of the penal process that refers to laws and regulations and implementation of technical regulations. The paper also recommends that the need for the government to deliver data either traditionally or electronically linked plan of exemption conditional.

Economic and social rights in the Constitution of Serbia

Directory of Open Access Journals (Sweden)

Rapajić Milan M.

2015-01-01

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

Resolving society's energy trilemma through the Energy Justice Metric

International Nuclear Information System (INIS)

Heffron, Raphael J.; McCauley, Darren; Sovacool, Benjamin K.

2015-01-01

Carbon dioxide emissions continue to increase to the detriment of society in many forms. One of the difficulties faced is the imbalance between the competing aims of economics, politics and the environment which form the trilemma of energy policy. This article advances that this energy trilemma can be resolved through energy justice. Energy justice develops the debate on energy policy to one that highlights cosmopolitanism, progresses thinking beyond economics and incorporates a new futuristic perspective. To capture these dynamics of energy justice, this research developed an Energy Justice Metric (EJM) that involves the calculation of several metrics: (1) a country (national) EJM; (2) an EJM for different energy infrastructure; and (3) an EJM which is incorporated into economic models that derive costs for energy infrastructure projects. An EJM is modeled for China, the European Union and the United States, and for different energy infrastructure in the United Kingdom. The EJM is plotted on a Ternary Phase Diagram which is used in the sciences for analyzing the relationship (trilemma) of three forms of matter. The development of an EJM can provide a tool for decision-making on energy policy and one that solves the energy trilemma with a just and equitable approach. - Highlights: • Energy justice advances energy policy with cosmopolitanism and new economic-thinking. • An Energy Justice Metric is developed and captures the dynamics of energy justice. • The Energy Justice Metric (EJM) compares countries, and energy infrastructure. • EJM provides an energy policy decision-making tool that is just and equitable.

Judicial Enforcement of Economic, Social and Cultural Right

Directory of Open Access Journals (Sweden)

Aulona Haxhiraj

2013-07-01

In every society there is violation which implies its citizen not get proper social right, economical right and cultural right. Proper implementation and adoption of judicial enforcement can reduce this violation rate and established social peace. Step mentioned in the above might not perfect but it might be small starting and ensure social, culture & economical right for the people living in the society.

Engaging Global Justice Through Internships (Penultimate Draft)

OpenAIRE

Ericka Tucker

2014-01-01

Engaging with Global Justice through InternshipsGlobal justice, on its face, seems like an impossible task. As individuals, even citizens of wealthy and powerful countries, the task of economic, social and political justice seems to outstrip our intellectual, practical and emotional abilities. Considering the scope of 'global' justice, it would appear that a massive coordinated effort would be necessary to overcome the problems of global injustice, yet it would seem such coordination may be i...

A turning point in the concept of justice: from Adam Smith to John Stuart Mill

Directory of Open Access Journals (Sweden)

Estrella Trincado Aznar

2012-01-01

Full Text Available Classical economists, John Stuart Mill included, based their theories on Adam Smith’s system. At some point, they labelled it as a "utilitarian" theory. However, Smith was non-utilitarian, perhaps even anti-utilitarian. One of the most amazing differences between classical economics versus Smithian theory consists of their concept of justice. Classical economics were based on a utilitarian concept; Smith criticizes the concept of utilitarian justice. Utility being a subjective picture, classical economists find it more difficult to draw limits to state intervention than Smith does. This paper compares Smith’s and John Stuart Mill’s concept of justice when they make the case for land tenure. Mill admits that society cannot properly be said to owe anything to the poor. However, not arguing from 'abstract rights,' but from 'utility' understood in its largest sense, Mill defended the nationalization of land. Mill was unable to draw any limits to state intervention. Conversely, Smith defended that justice is not a utilitarian concept. In this case, limits to state intervention are more easily drawn.

A turning point in the concept of justice: from Adam Smith to John Stuart Mill

Directory of Open Access Journals (Sweden)

Estrella Trincado Aznar

2015-07-01

Full Text Available Classical economists, John Stuart Mill included, based their theories on Adam Smith’s system. At some point, they labelled it as a "utilitarian" theory. However, Smith was non-utilitarian, perhaps even anti-utilitarian. One of the most amazing differences between classical economics versus Smithian theory consists of their concept of justice. Classical economics were based on a utilitarian concept; Smith criticizes the concept of utilitarian justice. Utility being a subjective picture, classical economists find it more difficult to draw limits to state intervention than Smith does. This paper compares Smith’s and John Stuart Mill’s concept of justice when they make the case for land tenure. Mill admits that society cannot properly be said to owe anything to the poor. However, not arguing from 'abstract rights,' but from 'utility' understood in its largest sense, Mill defended the nationalization of land. Mill was unable to draw any limits to state intervention. Conversely, Smith defended that justice is not a utilitarian concept. In this case, limits to state intervention are more easily drawn.

Environmental justice in Scotland: policy, pedagogy and praxis

International Nuclear Information System (INIS)

Scandrett, Eurig

2007-01-01

In the first decade of Scottish devolution, environmental justice became a significant component of environmental policy for the Scottish Executive, especially under First Minister Jack McConnell. This paper analyses how a discourse developed within policy narratives which separated environmental justice from economic growth and the interests of capital. In particular, it explores the role which research has played in justifying this discourse. By contrast, an alternative discourse has developed through reflexive and dialogical research associated with the praxis of the environmental organization Friends of the Earth Scotland. This alternative discourse is embedded in the embryonic environmental justice movement in Scotland, and identifies environmental justice as a social conflict which exposes negative externalities at the heart of economic development

Environmental justice in Scotland: policy, pedagogy and praxis

Energy Technology Data Exchange (ETDEWEB)

Scandrett, Eurig [Queen Margaret University, Edinburgh (United Kingdom)

2007-10-15

In the first decade of Scottish devolution, environmental justice became a significant component of environmental policy for the Scottish Executive, especially under First Minister Jack McConnell. This paper analyses how a discourse developed within policy narratives which separated environmental justice from economic growth and the interests of capital. In particular, it explores the role which research has played in justifying this discourse. By contrast, an alternative discourse has developed through reflexive and dialogical research associated with the praxis of the environmental organization Friends of the Earth Scotland. This alternative discourse is embedded in the embryonic environmental justice movement in Scotland, and identifies environmental justice as a social conflict which exposes negative externalities at the heart of economic development.

Social Justice and Multiculturalism: Persistent Tensions in the History of US Social Welfare and Social Work

Directory of Open Access Journals (Sweden)

Michael Reisch

2007-03-01

Full Text Available Social justice has been a central normative component of U.S. social welfare and social work for over a century, although the meaning and implications of the term have often been ambiguous. A major source of this ambiguity lies in the conflict between universalist views of social justice and those which focus on achieving justice for specific groups. This conflict has been masked by several long-standing assumptions about the relationship between social justice and multiculturalism – assumptions which have been challenged by recent developments. The assumption that the pursuit of social justice requires the creation of a more egalitarian society has been challenged by the new political-economic realities of globalization. The assumption that the maintenance of individual rights complements the pursuit of social equality has been challenged by racially-based attacks on social welfare benefits and civil rights. Most significantly, the assumption that a socially just society is one in which different groups share a compatible vision of social justice has been challenged by the realities of multiculturalism. This paper explores the evolution of four themes regarding the relationship between social justice and multiculturalism during the past century and discusses their implications for the contemporary demographic and cultural context of the U.S. These themes are: the relationship of cultural diversity to the nation’s values and goals; the contradiction between coerced cultural assimilation and coerced physical and social segregation; the relationship between individual and group identity and rights; and the linkage between “Americanization” and the equal application of justice.

Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice

Directory of Open Access Journals (Sweden)

Ansori Ansori

2014-01-01

Full Text Available The future of the children will determine the future of the nation. The increasing problem of juvenile delinquency in this globalization and information technology era, requires the state to give more attention to the child's future. Application of the criminal justice system for children in Indonesia is as stipulated in Law Number 3 of 1997 potentially detrimental to the child's interests. In practice, the judicial system had many problems, among them is a violation of the rights of children, such as: physical and psychological violence, as well as deprivation of the right to education and welfare. It happened because the juvenile justice system is against to national and international regulations on the protection of children’s rights. Besides that, theory of punishment for the juvenile delinquency still refers to the concept of retribution for the crimes. This concept is not very useful for the development of the child, so the concept need to be repaired with the concept of restorative justice. With this concept, the criminal justice system for the juvenile delinquency, leads to the restoration of the state and the settlement pattern, involving the perpetrator, the victim, their families and engage with the community. This is done with consideration for the protection of children against the law. Whereas in line with this spirit of the restorative justice, it gives birth to the Law No. 11 of 2012 on The Criminal Justice System of Children. How To Cite: Ansori, A. (2014. Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice. Rechtsidee, 1(1, 11-26. doi:http://dx.doi.org/10.21070/jihr.v1i1.95

Protecting Children Rights under International Criminal Justice

OpenAIRE

Erinda Duraj (Male)

2015-01-01

Children are a central concern of international criminal justice. International crimes and other forms of violence and the abuse of children are disturbing daily realities in today’s world. Children and young persons are increasingly being targeted for the purposes of murder, rape, abduction, mutilation, recruitment as child soldiers, trafficking, sexual exploitation and other abuses. Sierra Leone, the Democratic Republic of Congo, Rwanda, Colombia, and many others illustrate this. The partic...

Food justice and Christian ethics

Directory of Open Access Journals (Sweden)

Heinrich Bedford-Strohm

2012-12-01

Full Text Available The article dealt with the moral and political problem of international food justice in which the deep contradiction between the present situation of malnourishment and starvation in large parts of the global population on the one hand and the biblical notion of the preferential option for the poor on the other hand was described. This ecumenically widely accepted notion was clarified in several aspects. How deeply this is rooted in the history of Christian social thought was shown by Martin Luther�s writings on the economy which have remained relatively unknown in the churches and in the scholarly world. The article then presented three models of Christian economic ethic: the technical economic model, the utopian economic model and the public theological economic model. On the basis of the public theological model seven challenges for international food justice were presented. The basis for these challenges is an understanding of globalisation which guarantees just participation for everyone and deals with nature in an ecologically sustainable way. The interests of small farmers are the basis for judging the activities of big agro-corporations. Public theology is the background for an active involvement of the churches as agents of a global civil society to promote international food justice.

Sanitary justice in scarcity

Directory of Open Access Journals (Sweden)

Miguel Kottow

Full Text Available Justice in health care and the allocation of scarce medical resources must be analyzed differently in affluent as compared to economically weaker societies. The protective functions of the state must be extended to cover basic needs for those too poor to meet them on their own. Medical needs are a high priority, since poor health hampers the ability to secure other basic needs. The state may operate as either a health care provider or supervisor, guaranteeing that citizens be treated fairly by nongovernmental institutions. Two-tiered systems with a vigorous private health care sector are compatible with the explicit right to health care, provided the private tier operates without directly or indirectly draining public funds.

Environmental justice and healthy communities

Energy Technology Data Exchange (ETDEWEB)

NONE

1995-12-01

The environmental justice movement has come a long way since its birth a decade ago in rural and mostly African American Warren County, North Carolina. The selection of Warren County for a PCB landfill, they brought national attention to waste facility siting inequities and galvanized African American church and civil rights leaders` support for environmental justice. The demonstrations also put {open_quotes}environmental racism{close_quotes} on the map and challenged the myth that African Americans are not concerned about or involved in environmental issues. Grassroots groups, after decades of struggle, have grown to become the core of the multi-issue, multiracial, and multi-regional environmental justice movement. Diverse community-based groups have begun to organize and link their struggles to issues of civil and human rights, land rights and sovereignty, cultural survival , racial and social justice, and sustainable development. The impetus for getting environmental justice on the nations`s agenda has come from an alliance of grassroots activists, civil rights leaders, and a few academicians who questioned the foundation of the current environmental protection paradigm--where communities of color receive unequal protection. Whether urban ghettos and barrios, rural {open_quotes}poverty pockets,{close_quotes} Native American reservations, or communities in the Third World, grassroots groups are demanding an end to unjust and nonsustainable environmental and development policies.

Austerity in Civil Procedure : A Critical Assessment of the Impact of Global Economic Downturn on Civil Justice in Ghana

NARCIS (Netherlands)

E. Owusu-Dapaa (Ernest); E.A. Bediako (Ebenezer)

2015-01-01

textabstractThe demand for and availability of civil justice procedures for small claims can neither be disentangled nor extricated from the health of the economic climate of the relevant country concerned. In this article, it is argued that despite not being a developed country, Ghana was not

The role of bioethics in the international prescription drug market: economics and global justice.

Science.gov (United States)

Newland, Shelby E

2006-01-01

In terms of health care access, bioethics has an important role to inform and shape policy issues and develop interdisciplinary ideas and interventions. The rising price of prescription drugs presents one of the most looming barriers to health care access in the world today. Including both theoretical and practical features of the pharmaceutical industry's behavior is necessary to find ethical solutions towards increasing access. Bioethics can evaluate global justice by weighing human rights theory and future innovation at the macro level, and by addressing market forces and responsibilities at the micro level. Inherent structural features of pharmaceuticals, such as its reliance on research and development, cause the industry to employ pricing strategies that seem counter-intuitive to conventional wisdom, but that result in producing a just allocation as defined by market forces. Parallel trade and drug exportation/reimportation threaten the saliency of the industry's differential pricing scheme; a case-study of a single "Euro-price" within the European Union illustrates how this will actually create harm to the most needy member states. This complex situation requires solutions weighing arguments from human rights theory with those from economic theory to arrive at the most globally just allocation of prescription drugs in the global marketplace, as well as to ensure future innovation and scientific progress. Bioethicists as well as economists need to partake urgently in this discourse for the betterment of the global injustices in the international prescription drug market.

Environmental justice: Grass roots reach the White House lawn

Energy Technology Data Exchange (ETDEWEB)

Kratch, K.

1995-05-01

When 500 demonstrators gathered in 1982 to protest the siting of a polychlorinated-biphenyl landfill in predominantly black Warren County, N.C., cries of environmental racism filled the air. In response, District of Columbia Congressional Delegate Walter Fauntroy requested that the General Accounting Office investigate a possible link between hazardous waste landfill siting and the racial and socio-economic mix of surrounding communities. The environmental justice movement, as it is known today, had been born. Environmental justice is conceived as the right of all people--regardless of race, ethnicity, culture or income--to live in a healthy environment, breathe clean air, drink clean water and eat uncontaminated foods. The concept assumes that everyone is entitled to fair environmental protection without any population segment bearing a disproportionate pollution burden.

Violence Prevention, Access to Justice, and Economic ...

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

Solutions to empower women, reduce violence Researchers will identify and analyze interventions in Colombia, Guatemala, Mexico, and Peru. They will assess the impact of efforts on: -preventing violence against women -reducing victimization -improving women's access to justice The results will guide governments, civil ...

Setting standards of restorative justice

Directory of Open Access Journals (Sweden)

Kostić Miomira

2007-01-01

Full Text Available In the article the author deals with the basic theoretical statements and discussions about the practical use of restorative justice. She discusses the questions of introducing and application of restorative justice in order to reach the balance of interests between a victim, society and a delinquent. There is no unique statement about the restorative justice concept, so the authors make this concept by listing certain activities with rispect of standards and principles. Also she emphasizes the values of restorative justice process. A part of the article is dedicated to the standards for restorative justice that are harmonized with the international documents of human rights. .

Health, Traffic, and Environmental Justice: Collaborative Research and Community Action in San Francisco, California

Science.gov (United States)

Sciammas, Charlie; Seto, Edmund; Bhatia, Rajiv; Rivard, Tom

2009-01-01

Health impacts on neighborhood residents from transportation systems can be an environmental justice issue. To assess the effects of transportation planning decisions, including the construction of an intraurban freeway, on residents of the Excelsior neighborhood in southeast San Francisco, PODER (People Organizing to Demand Environmental and Economic Rights), a local grassroots environmental justice organization; the San Francisco Department of Public Health; and the University of California, Berkeley, collaborated on participatory research. We used our findings regarding traffic-related exposures and health hazards in the area to facilitate community education and action to address transportation-related health burdens on neighborhood residents. PMID:19890147

„FRAMES OF TRANSITIONAL JUSTICE: SOME APPLICATION IN INTERGENERATIONAL JUSTICE AND RETROACTIVITY”

Directory of Open Access Journals (Sweden)

GABRIEL RADU

2011-04-01

Full Text Available The article attempts to evaluate the concept of transitional justice in the sphere of public and academical debates, in different social environments during the transition period in the recent history. The approach will include an overflight over some definitions and interpretation of that concept and an assessment of possible applications of this concept in the reparative (corrective theories during the political transition. The evaluation of operational dimension of transitional justice will focus primarily the moral grounds invoked in political and juridical debates, and will pursue some applications of the transitional justice in intergenerational justice realm and at the level of the institution of retroactivity. Also, the assessment will focus the moral core of the motivation of judicial decisions in the space of positive law debates, concerning the constitutional and normative dimension.Examination of particular aspects of the transition has raised particular interest in the public agenda of romanian political change. Reparation issues in dealing with the past had always occupied a privileged role in public debate, in social and political problems. Justification for corrective measures during transition period were presented on various occasions in different points of view, but tools and proper institutions in generating legitimate formal-political obligations were absent, threatening the strength of the the political stability. Requirements for application of a corrective, reparative justice, appeared as a consequence of subjective awareness of rights and liberties that positive law of the communist system ignored or assign them like law infrigement. An approach of such rights, with their features should be evaluated in the context of both totalitarian and democratic state. A dialogue with the past becomes more necesary and will contribute to the success of any public policy designed for any possible reparation in the future

An application of 'post-welfarist' theories of justice: comparing theorical rights to compensation and actual policy measures against poverty

OpenAIRE

David CLEMENT; Catherine SOFER

2004-01-01

The aim of this paper is to explore the empirical applicability of "post-welfarist" economic theories of justice and redistribution. We consider whether either of the two simple competing axioms of Bossert and Fleurbaey hold in the current French redistribution system. We first present the theoretical and methodological problems raised by the move from a purely individualistic theoretical approach to empirical measures integrating redistribution within households. We then propose a definition...

Constitutional Socio-Economic Rights and International Law: "You ...

African Journals Online (AJOL)

Adenauer Foundation and Faculty of Law (NWU, Potchefstroom Campus) 3rd Human Rights Indaba on The Role of International Law in Understanding and Applying the Socio-economic Rights in South Africa's Bill of Rights.

Do it right this time: the role of employee service recovery performance in customer-perceived justice and customer loyalty after service failures.

Science.gov (United States)

Liao, Hui

2007-03-01

Integrating justice and customer service literatures, this research examines the role of customer service employees' behaviors of handling customer complaints, or service recovery performance (SRP), in conveying a just image of service organizations and achieving desirable customer outcomes. Results from a field study and a laboratory study demonstrate that the dimensions of SRP--making an apology, problem solving, being courteous, and prompt handling--positively influenced customer satisfaction and then customer repurchase intent through the mediation of customer-perceived justice. In addition, service failure severity and repeated failures reduced the positive impact of some dimensions of SRP on customer satisfaction, and customer-perceived justice again mediated these moderated effects. (c) 2007 APA, all rights reserved.

Show me a woman! : narratives of gender and violence in human rights law and processes of transitional justice

NARCIS (Netherlands)

Mibenge, C.S.|info:eu-repo/dai/nl/304834165

2010-01-01

‘Show me a woman who wasn’t raped!’ These words, thrown down like a gauntlet by a genocide survivor disrupted the narrative of transitional justice as the panacea to redressing gross human rights violations committed against civilian women. The challenge to ‘show me a woman’ is made from a local

Social Studies Teachers' Perceptions and Experiences of Social Justice

Science.gov (United States)

Bursa, Sercan; Ersoy, Arife Figen

2016-01-01

Problem Statement: Social justice addresses inequality in society, including economic inequality, global migration, racism, xenophobia, prejudice against disabled people, and class discrimination. In Turkey, social studies curriculum aims to cultivate active, democratically minded citizens who value justice, independence, peace, solidarity,…

Social Justice for Crossover Youth: The Intersection of the Child Welfare and Juvenile Justice Systems.

Science.gov (United States)

Kolivoski, Karen M; Goodkind, Sara; Shook, Jeffrey J

2017-10-01

Social workers are critical to promoting racial and social justice. "Crossover youth," a term used to describe youths who have contact with both the child welfare and juvenile justice systems, are an especially vulnerable but often overlooked population with whom social workers engage. A disproportionate number of crossover youth are African American. Empirical research on crossover youth is growing, but such scholarship rarely engages with a human rights and social justice perspective. African American children and youths have a distinct place within the history and current context of the child welfare and juvenile justice systems. These systems have historically excluded them or treated them differently; now, African American youths are overrepresented in each of them, and evidence suggests they are more likely to cross over. The purpose of this article is to describe the historical and current context of crossover youth, with a particular focus on African American youths, to provide the foundation for a discussion of what social workers can do to promote racial and social justice for crossover youth, including specific implications for practice and policy, as well as broader implications for human and civil rights. © 2017 National Association of Social Workers.

The Administration of Justice in al-Andalus and the Principles of Justice in Constitutional Democracies

DEFF Research Database (Denmark)

Abat Ninet, Antoni

2018-01-01

exanimating some of the distinctive elements of the Andalusian administration of justice and the role that specialized judges developed. The paper then exposes the meaning and scope of modern principles of justice, as prescribed by Article 10 of the Universal Declaration of Human Rights and in Article 14...

Intellectual property rights in china: patents and economic ...

African Journals Online (AJOL)

Intellectual property rights in china: patents and economic development. ... AFRICAN JOURNALS ONLINE (AJOL) · Journals · Advanced Search · USING ... there are still patents and other IP related rights infringement and enforcement issues.

Righting Wrongs: Citizen Journalism and Miscarriages of Justice

OpenAIRE

Greer, C.; McLaughlin, E.

2014-01-01

This chapter demonstrates the agenda-setting power of citizen journalism in a context of miscarriages of justice. Our empirical analysis focuses on the interaction of media, political and judicial forces following the death of newspaper vendor, Ian Tomlinson, shortly after being struck by a police officer at the G20 Protests in London 2009. We examine the rise of citizen journalism as a key challenge to those institutions that traditionally have been able to control the information environmen...

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

Directory of Open Access Journals (Sweden)

Penelope Weller

2016-03-01

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

Experiential Social Justice Judgment Processes

NARCIS (Netherlands)

Maas, M.

2008-01-01

Social justice can be thought of as an idea that exists within the minds of individuals and that concerns issues like what is right and wrong, what ought to be or not to be, and what is fair or unfair. This subjective quality of the justice judgment process makes it rather unpredictable how people

Social justice considerations in neonatal care for nurse managers and executives.

Science.gov (United States)

Yoder, Linda; Walden, Marlene; Verklan, M Terese

2010-01-01

This article presents the struggle between social justice and market justice within the current health care system, specifically issues affecting neonatal care. Community benefit is described and discussed as an aspect of social justice demonstrated by hospitals. The federal and state Children's Health Insurance Program also is discussed in relation to social justice and health care costs. Implications for managers and executives overseeing neonatal care are presented in relation to the economic and social issues.

Perspective: Economic Human Rights: The Time Has Come!

Science.gov (United States)

Mittal, Anuradha

1998-01-01

Maintains that the high poverty levels in the United States implies that the goals of the Universal Declaration of Human Rights (UDHR) have not yet transformed the reality of U.S. citizens. Describes the national campaign called "Economic Human Rights: The Time Has Come!" that combats the violations of basic human rights like poverty.…

Social Empathy as a Framework for Teaching Social Justice

Science.gov (United States)

Segal, Elizabeth A.; Wagaman, M. Alex

2017-01-01

Social work education stresses training students to understand oppressive structural barriers and promote social and economic justice. Social empathy, which is rooted in a deep understanding of those who are different from us through contextual understanding and macro perspective-taking, offers a framework for teaching social justice that…

The concept of energy justice across the disciplines

International Nuclear Information System (INIS)

Heffron, Raphael J.; McCauley, Darren

2017-01-01

Over the last decade, ‘Energy Justice’ is a concept that has emerged in research across many disciplines. This research explores the role and value of the energy justice concept across the disciplines. It provides the first critical account of the emergence of the energy justice concept in both research and practice. A diagrammatical image for examining the energy justice concepts is presented and this is a tool for interdisciplinary engagement with the concept. In this context, restorative justice is introduced and how it results in energy justice applying in practice is detailed. Energy research scholarship at universities is assessed and it is clear that through universities there is a platform for energy justice scholarship to build on the interdisciplinary energy scholarship at universities. Further, the role of education is vital to policy-making, and the understanding and development of the energy justice concept. Finally, in analysing how the energy justice concept can impact on policy-making, there is a critical examination of the energy justice and its relationship with economics, and how it can transfer directly into practice by assisting in balancing the competing aims of the energy trilemma. - Highlights: • Presents the value of the energy justice concept itself. • Introduces restorative justice as having a key role across the energy justice concept. • Expresses the need to develop a ‘common approach’ for the energy justice concept Advances the conceptual framework for energy justice – from theory to practice.

Access to justice: evaluating law, health and human rights programmes in Kenya.

Science.gov (United States)

Gruskin, Sofia; Safreed-Harmon, Kelly; Ezer, Tamar; Gathumbi, Anne; Cohen, Jonathan; Kameri-Mbote, Patricia

2013-11-13

In Kenya, human rights violations have a marked impact on the health of people living with HIV. Integrating legal literacy and legal services into healthcare appears to be an effective strategy to empower vulnerable groups and address underlying determinants of health. We carried out an evaluation to collect evidence about the impact of legal empowerment programmes on health and human rights. The evaluation focused on Open Society Foundation-supported legal integration activities at four sites: the Academic Model of Providing Access to Healthcare (AMPATH) facility, where the Legal Aid Centre of Eldoret (LACE) operates, in Eldoret; Kenyatta National Hospital's Gender-based Violence Recovery Centre, which hosts the COVAW legal integration program; and Christian Health Association of Kenya (CHAK) facilities in Mombasa and Naivasha. In consultation with the organizations implementing the programs, we designed a conceptual logic model grounded in human rights principles, identified relevant indicators and then coded structure, process and outcome indicators for the rights-related principles they reflect. The evaluation included a resource assessment questionnaire, a review of program records and routine data, and semi-structured interviews and focus group discussions with clients and service providers. Data were collected in May-August 2010 and April-June 2011. Clients showed a notable increase in practical knowledge and awareness about how to access legal aid and claim their rights, as well as an enhanced ability to communicate with healthcare providers and to improve their access to healthcare and justice. In turn, providers became more adept at identifying human rights violations and other legal difficulties, which enabled them to give clients basic information about their rights, refer them to legal aid and assist them in accessing needed support. Methodological challenges in evaluating such activities point to the need to strengthen rights-oriented evaluation

Corporate accountability and transitional justice

Directory of Open Access Journals (Sweden)

Sabine Michalowski

2015-10-01

Full Text Available Traditionally, transitional justice processes do not address the role of corporations in dictatorships or in armed conflicts that give rise to the need for dealing with grave and systematic human rights violations. However, there is a growing awareness that in many contexts corporations contribute to these violations, often in the form of corporate complicity with the principal violators. An argument can therefore be made that to achieve the aims of transitional justice and establish a holistic narrative of the past as well as obtain justice and reparations for victims requires investigating and addressing the role of corporate actors. This article uses the example of Colombia’s Justice and Peace process to show some of the complexities, opportunities and challenges that arise if transitional justice measures focus primarily on criminal law and create a specific legal framework, outside of the ordinary justice systems, only for a limited group of primary perpetrators, in the Colombian case for members of the armed groups who demobilised. It is argued that the exclusion of corporate actors in contexts where their role is regarded as significant leads to victims seeking alternatives ways to obtain justice and that both victims and corporations would benefit if transitional justice mechanisms addressed the role of corporations.

Energy decisions reframed as justice and ethical concerns

Science.gov (United States)

Sovacool, Benjamin K.; Heffron, Raphael J.; McCauley, Darren; Goldthau, Andreas

2016-05-01

All too often, energy policy and technology discussions are limited to the domains of engineering and economics. Many energy consumers, and even analysts and policymakers, confront and frame energy and climate risks in a moral vacuum, rarely incorporating broader social justice concerns. Here, to remedy this gap, we investigate how concepts from justice and ethics can inform energy decision-making by reframing five energy problems — nuclear waste, involuntary resettlement, energy pollution, energy poverty and climate change — as pressing justice concerns. We conclude by proposing an energy justice framework centred on availability, affordability, due process, transparency and accountability, sustainability, equity and responsibility, which highlights the futurity, fairness and equity dimensions of energy production and use.

EDITORIAL: Environmental justice: a critical issue for all environmental scientists everywhere

Science.gov (United States)

Stephens, Carolyn

2007-10-01

when an issue of water contamination becomes an issue of environmental injustice? How do we measure the impacts of environmental harm today on future generations? How do we measure the distribution of multiple or cumulative impacts on poorer groups? How do we quantify the responsibility of richer citizens in the world for the environmental harms distributed unequally to the poorer citizens? The papers in this focus issue do not answer all these questions, but we hope that this theme will recur in Environmental Research Letters and that more environmental scientists will begin to frame their analyses around the critical issues of distributions of environmental harms and benefits. References [1] United Nations Environment Programme 2007 Global Environmental Outlook 2007 (Nairobi: United Nations Environment Programme) [2] UNICEF 2005 The State of the World's Children 2005 (Oxford: Oxford University Press) [3] World Resources Institute 2002 Wastes Produced from Industrialised Countries available from www.wri.org [4] Stephens C and Stair P 2007 Charting a new course for urban public health State of the World 2007: Our Urban Future ed L Stark (New York: W W Norton) pp 134 48 [5] Lee K N 2007 An urbanizing world State of the World 2007: Our Urban Future ed L Stark (New York: W W Norton) pp 3 22 [6] United States Environmental Protection Agency 2003 Environmental Justice available from www.epa.gov/compliance/environmentaljustice/ [7] Stephens C, Bullock S and Scott A 2001 Environmental justice: rights and mean to a healthy environment for all Special Briefing Paper Economic and Social Research Council (ESRC) Global Environmental Change Programme (Brighton: ESRC Global Environmental Change Programme, University of Sussex) p 3 available from www.foe.co.uk/resource/reports/environmental_justice.pdf [8] United Nations Economic Commission for Europe Convention on Access to Information 1999 Public Participation in Decision-Making and Access to Justice in Environmental Matters

Reframing the Tower of Babel narrative for economic justice within the South African context

Directory of Open Access Journals (Sweden)

Mark Rathbone

2016-09-01

Full Text Available The Tower of Babel narrative is profoundly connected to the history of South Africa and its interpretation in the Dutch Reformed Church document entitled Human Relations and the South African Scene in the Light of Scripture (1976, which was used to justify apartheid. In this article, it is argued that this understanding of the narrative is due to racist framing that morally justified the larger apartheid narrative. The Tower of Babel narrative was later reframed for liberation and reconciliation by Desmond Tutu. However, apartheid had an impact not only on the sociopolitical dynamics of South Africa. Submissions to the Truth and Reconciliation Commission by business and labour highlight the impact of apartheid on the economy and specifically black labour. These revelations are responsible for new questions regarding the economics of the narrative that arise and may enrich the understanding of the Tower of Babel narrative. This focus on the economic aspect of the narrative is also supported by historical research on the Tower of Babel narrative that reveals that the dispersion of the people on the plain of Shinar may refer to the demise of the Sumerian empire, which was among other influences brought about by a labour revolt. In this regard, the narrative is a theological reflection on the demise of an unjust economic system that exploited workers. The purpose of this article is to critically explore this economic justice aspect embedded in the narrative in order to determine whether this reframing of the narrative is plausible. This is particularly important within the post-apartheid context and the increase of economic problems such as unemployment, poverty and economic inequality.

Contributions of a sociology of public problems to Environmental Justice in Latin America

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Mauricio Berger

2016-07-01

Full Text Available The political struggles against the environmental, health, social, and economic impacts of neo-developmentalism and neo-extractivism in Latin America have been theoretically fertile. From the diversity of perspectives, we recover the contributions of a sociology of public problems for the struggles for Environmental Justice, basically because it promotes the practice of research as a reflexive and democratic form of cooperation between those directly environmentally affected and all those subject to a structure of environmental injustice. First, we present the epistemological, ethical and political dimension, defined by the active formation of a public. Secondly, we focus on the conceptual, strategic and institutional creativity of the public, with examples of the problems caused by the environmental and health impacts of the massive use of agrotoxics in gmo agriculture. Finally, we establish a bridge between the contributions of a sociology of public problems and Environmental Justice, the latter considered as a field of thought and action with competence in environmentalist discourses, meaning that the concept of justice is not reduced to state administration. Instead it refers to the diversity of practices in the public sphere, claiming and criticizing the unequal distribution of environmental risk and harm. At the same time, these practices creatively promote institutional reforms and transformations toward the full enforcement of rights and guarantees to life, health and the environment. A sociology of public problems aims to provide an understanding of the struggle for rights and recognition of forms of life, social and environmental equity and the right to democratic participation and the broad exercise of self-determination in building a society with environmental justice.

Crime victims‘ right to compensation

Directory of Open Access Journals (Sweden)

Mrvić-Petrović Nataša

2012-01-01

Full Text Available This paper analyzes the most important documents of the United Nations, Council of Europe and the European Union relating to rights to damage compensation (restitution from offender and state compensation. The analysis shows that there is a gradual move from the concept of exercising the rights of victims in favor of a solidaristic model that takes less into account the rights of victims, and more the need to satisfy their legitimate interests. The economic crisis that is undermining the foundations of the welfare state could jeopardize the realization of this concept, especially in those European countries where the criminal justice system focuses solely on the offender, as is the case in Serbia. In such circumstances, regulation which protects the right to compensation, other rights and interests of victims, shall apply only to the extent that serves crime prevention. So it happens that in spite of a suitable normative framework and developments regarding the protection of victims of domestic violence and trafficking, the right to compensation and other rights of the victims do not actually get actualized in practice. In order to overcome this, a systemic reform to the criminal justice system should be undertaken with the aim to redirect the system towards the victim of the offense. Within these reforms a public fund for compensation of the victims of violence should be established and the process of mediation between the victim and the offender with the goal to make a settlement should be regulated, because these mechanisms do not exist in Serbia.

"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.

Safe Abortion and the Global Political Economy of Reproductive Rights

OpenAIRE

Barbara B Crane

2005-01-01

Sexual and Reproductive Health and Rights (SRHR) advocates are joining the call for global economic justice, while drawing attention to the neglect of SRHR in the Millennium Development Goals. At the same time, abortion and other core SRHR issues are coming to the fore in specialized and influential arenas concerned with HIV/AIDS, maternal and child health, humanitarian response, and human rights. A strategic response is required from the SRHR movement. Development (2005) 48, 85–91. doi:10.10...

The Social Justice Perspective

Science.gov (United States)

Loewen, Gladys; Pollard, William

2010-01-01

This article shines an important light on the continuing struggle of disabled people for dignity, citizenship rights, and access to the marketplace. Common threads bind the struggle for basic human rights among disenfranchised groups, offer experience and approaches to facilitate change, and move society towards social justice. The philosophy…

Social Studies Teachers’ Perceptions and Experiences of Social Justice

OpenAIRE

BURSA, Sercan; ERSOY, Arife Figen

2016-01-01

Problem Statement: Social justice addresses inequality in society, including economic inequality, global migration, racism, xenophobia, prejudice against disabled people, and class discrimination. In Turkey, social studies curriculum aims to cultivate active, democratically minded citizens who value justice, independence, peace, solidarity, tolerance, freedom, and respect and demonstrate critical thinking skills, problem solving skills, social participation, and empathy. Purpose: Since social...

Beyond the Criminal Arena: The Justice Studies Program at Winston-Salem State University

Science.gov (United States)

Harvey, Lynn K.; Mitchell, Alvin D.

2006-01-01

The justice studies program at Winston-Salem State University (WSSU) is designed to produce a new breed of justice practitioners whose understanding of justice and its administration is broadened to include the political, social, economic, and cultural conditions within which issues of crime and punishment are pursued and addressed. While it…

THE THEORETICAL PRINCIPLES OF JUSTICE WITHIN THE PENAL ASPECT

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Kristina Sawen

2017-05-01

the same for all people to develop and enjoy of self-respect and dignity as human beings who is not measured with riches economical so that it should be understood that justice deep broader beyond the economic status of a person As such, the social order and security of living together can be met. The importance of justice is seen as the essence of virtues that has to be followed upon and should be the basis of motivation of various basic social institution of a society. This means that each individuals are given the same possibility in a fair manner to develop and enjoy their self-respect and dignity as human beings; not by measuring the economical strength or means; therefore it has to be understood that justice runs deeper than the economic status of a person.

Health Law as Social Justice.

Science.gov (United States)

Wiley, Lindsay F

2014-01-01

Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and policy. This Article labels, describes, and furthers a nascent "health justice" movement by examining what it means to view health law as an instrument of social justice. Drawing on the experiences of the reproductive justice, environmental justice, and food justice movements, and on the writings of political philosophers and ethicists on health justice, I propose that health justice offers an alternative to the market competition and patient rights paradigms that currently dominate health law scholarship, advocacy, and reform. I then examine the role of law in reducing health disparities through the health justice lens. I argue that the nascent health justice framework suggests three commitments for the use of law to reduce health disparities. First, to a broader inquiry that views access to health care as one among many social determinants of health deserving of public attention and resources. Second, to probing inquiry into the effects of class, racial, and other forms of social and cultural bias on the design and implementation of measures to reduce health disparities. And third, to collective action grounded in community engagement and participatory parity. In exploring these commitments, I highlight tensions within the social justice framework and between the social justice framework and the nascent health justice movement

Right to the city: Applying justice tests to public transport investments

NARCIS (Netherlands)

Nazari Adli, Saeid; Donovan, Stuart

Many policy-makers are grappling with the twin challenges posed by growing travel demands and persistent socioeconomic inequality. To address these issues, numerous studies propose and apply “justice tests”, which relate the effects of transport policies to prevailing socioeconomic deprivation.

Does subsequent criminal justice involvement predict foster care and termination of parental rights for children born to incarcerated women?

Science.gov (United States)

Kubiak, Sheryl Pimlott; Kasiborski, Natalie; Karim, Nidal; Schmittel, Emily

2012-01-01

This longitudinal study of 83 incarcerated women, who gave birth during incarceration and retained their parental rights through brief sentences, examines the intersection between subsequent criminal justice involvement postrelease and child welfare outcomes. Ten years of multiple state-level administrative data sets are used to determine if arrest or conviction predict foster care and/or termination of parental rights. Findings indicate that only felony arrest is a significant predictor of foster care involvement. Additionally, 69% of mothers retained legal custody, despite subsequent criminal involvement for many, suggesting supportive parenting programs and resources need to be available to these women throughout and after incarceration.

Prabowo and the shortcomings of international justice

DEFF Research Database (Denmark)

Tan, Nikolas Feith

2015-01-01

under the jurisdiction of the International Criminal Court, temporal jurisdiction renders prosecution impossible. This article explores Prabowo’s human rights abuses, and how international criminal law has failed to achieve justice for these crimes. It concludes that Prabowo’s political rise threatens...... the aims of international criminal justice....

Juvenile Justice Paradigms and Improvement of Realization of the Constitutional Rights and Freedoms of Man and Citizen in Russiay

OpenAIRE

Arpentieva M. R.

2015-01-01

The article is devoted to the problems of implementation and procedures of reconstructing model of juvenile justice system, it considers foreign and domestic experience (problems) of juvenile justice. The author compares the doctrines of juvenile justice, including the doctrine of punitive and understanding justice.

Energy decisions reframed as justice and ethical concerns

OpenAIRE

Sovacool, Benjamin; Heffron, Raphael J.; McCauley, Darren; Goldthau, Andreas

2016-01-01

All too often, energy policy and technology discussions are limited to the domains of engineering and economics. Many energy consumers, and even analysts and policymakers, confront and frame energy and climate risks in a moral vacuum, rarely incorporating broader social justice concerns. Here, to remedy this gap, we investigate how concepts from justice and ethics can inform energy decision-making by reframing five energy problems — nuclear waste, involuntary resettlement, energy pollution, e...

Realising the child's best interests: lessons from the Child Justice ...

African Journals Online (AJOL)

... Act to refine the Schools Act with regard to serious matters of school discipline and to ensure its proper alignment with the constitutional imperatives regarding the best-interests-of-the-child right. Keywords: School discipline; child justice; the best interests of the child; children's rights; education law; restorative justice ...

Juvenile Justice Paradigms and Improvement of Realization of the Constitutional Rights and Freedoms of Man and Citizen in Russiay

Directory of Open Access Journals (Sweden)

Arpentieva M. R.

2015-07-01

Full Text Available The article is devoted to the problems of implementation and procedures of reconstructing model of juvenile justice system, it considers foreign and domestic experience (problems of juvenile justice. The author compares the doctrines of juvenile justice, including the doctrine of punitive and understanding justice.

SOCIAL JUSTICE FOR DISABLED PEOPLE

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Nazire Diker

2013-07-01

Full Text Available This paper aims to question the living conditions of disabled people in the 21st century from  the framework of social justice. The concept of “social justice” has a long history, influenced  by the works of numerous writers including Rawls (1971, Miller (1999, Reeves (2005, Fainstein (2009, Marcuse (2009 and Harvey (1992, 2009 and by the recent debates on  inequality, diversity, segregation, exclusion, and discrimination. The debates on segregation, exclusion and discrimination are generally focused on inequalities in terms of economic,  ethnic and gender dimensions; however, in these debates, there is very little reference to unequal opportunities of disabled people. On the other hand, the diversity issue is generally discussed with respect to ethnic and cultural elements, again with very little concern for the  rights of disabled people. In many developing countries, including Turkey, a legal framework  for addressing disability issues has started to be put in place. Awareness among governments and society of the needs and rights of people with disabilities is growing. In the  last decade in Turkey, the difficulties faced by disabled people have started to be taken into  consideration seriously. Before that, the only information about the disabled population could  be obtained from General Population Census in Turkey. In 2002 “Turkey Disability Survey” was carried out collectively by the State Institute of Statistics and the Presidency of  Administration on Disabled People. In this survey, it has been targeted to estimate the number of disabled people and comprehend their socio-economic characteristics, their  problems in social life, expectations, types and causes of disability, regional differences and also the proportion of population having chronic illnesses. After this survey, many projects  have started to be realized in order to propose strategies for eliminating discrimination in  Turkey. In this paper, we will

PEMBATASAN HAK KASASI DAN KONSEKUENSI HUKUM BAGI PENCARI KEADILAN DALAM SISTEM PERADILAN TATA USAHA NEGARA DI INDONESIA / The Restriction of Cassation Right and the Consequence for Justice Seeker in Indonesian Administrative Justice System

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Agus Budi Susilo

2016-07-01

There were appeal legal effort, cassation and judicial review on Administrative Court. After the Supreme Court Act article 45A paragraph (2 letter c was applied, it was determined that not all administrative settlement dispute can be filled to cassation legal effort. The setting restriction poses legal problems to justice seekers. This article aims to study the solution of cassation rights setting restrictions so that it can be mutual for administrative justice seekers. Based on the analysis that has been done it can be concluded that the regulation on Supreme Court Act article 45A paragraph (2 letter c Act number 5 2014 was not clear in procedures and substantive. Thus the setting restriction in cassation legal effort has to consider the aspect of quality and cases type.

Ethical commitment to women's participation in transitional justice

OpenAIRE

Porter, Elisabeth

2013-01-01

Ethical issues of justice and human rights are central to countries emerging from conflict. Yet involving women in transitional justice processes rarely is articulated in ethical terms. To make a case for an ethical commitment to improving women’s participation in these processes, the paper begins by exploring why transitional justice strategies should bother with gender. Women and men often experience conflict and injustices differently which may require different responses to redress harms ...

Realising social justice in public health law.

Science.gov (United States)

Fox, Marie; Thomson, Michael

2013-03-01

Law has played an important, but largely constitutive, role in the development of the public health enterprise. Thus, law has been central to setting up the institutions and offices of public health. The moral agenda has, however, been shaped to a much greater extent by bioethics. While social justice has been placed at the heart of this agenda, we argue that there has been little place within dominant conceptions of social justice for gender equity and women's interests which we see as crucial to a fully realised vision of social justice. We argue that, aside from particular interventions in the field of reproduction, public health practice tends to marginalise women-a claim we support by critically examining strategies to combat the HIV pandemic in sub-Saharan Africa. To counter the marginalisation of women's interests, this article argues that Amartya Sen's capabilities approach has much to contribute to the framing of public health law and policy. Sen's approach provides an evaluative and normative framework which recognises the importance of both gender and health equity to achieving social justice. We suggest that domestic law and international human rights provisions, in particular the emerging human right to health, offer mechanisms to promote capabilities, and foster a robust and inclusive conception of social justice.

Transitional Justice as Elite Justice? Compromise Justice and Transition in Tunisia

NARCIS (Netherlands)

Lamont, Christopher; Pannwitz, Hannah

2016-01-01

This article reflects upon the ways in which transitional justice debates and processes impacted Tunisia's transition. It explores key questions such as what demands for justice emerged in the aftermath of the Tunisian revolution? Did Tunisia's transitional justice process reflect these demands?

International Covenant on Economic, Social and Cultural Rights

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Nicolae Dura

2013-05-01

Full Text Available The text of the International Covenant on Economic, Social and Cultural Rights - a high-class international document on the assurance and legal protection of the human rights - outlined a sum of principles regarding these rights, which fall within the broad range of legal doctrine on fundamental human rights. These principles are not contrary to the principles set out in the Charter of the United Nations and in the Universal Declaration of Human Rights, on the contrary, it were given an evident expression in its text content. That the authors of this Covenant wanted the assertion of these principle provisions, it is actually confirmed by the text of Article 24.

The implications of migration theory for distributive justice

OpenAIRE

Sager, Alex

2012-01-01

This paper explores the implications of empirical theories of migration for normative accounts of migration and distributive justice. It examines neo-classical economics, world-systems theory, dual labor market theory, and feminist approaches to migration and contends that neo-classical economic theory in isolation provides an inadequate understanding of migration. Other theories provide a fuller account of how national and global economic, political, and social institutions cause and shape m...

Operationalizing Social Justice Counseling: Paradigm to Practice

Science.gov (United States)

Lewis, Judith A.

2011-01-01

Social justice counseling, like all humanistic models, recognizes the dignity of each human being, affirms the right of all people to choose and work toward their own goals, and asserts the importance of service to community. The social justice paradigm brings a special emphasis on the role of the environment. (Contains 1 figure and 1 table.)

Specious Rights: Myth vs. Reality in the American Criminal Justice System

Science.gov (United States)

Reinhardt, William R.

2010-01-01

Contrary to the dominant discourse metanarrative, this dissertation explores, re-exposes, and updates the generally hidden realities of what is actually taking place in the current operation of the American criminal justice system. The government/dominant discourse benefits from the amorphous ambiguity of the law in conjunction with its usage of…

Economic inequality and economic crisis: a challenge for social workers.

Science.gov (United States)

Goldberg, Gertrude Schaffner

2012-07-01

To social workers, extreme economic inequality is primarily a violation of social justice, but this article shows how growing economic inequality since the mid-1970s was not only unjust, but also dysfunctional to the U.S. economy and linked to the recent economic crisis with its devastating effects, particularly on the social work clientele. The article identifies interrelated changes in ideology, the market economy, and government policies since the mid-1970s; contrasts the political economy of this period with the preceding post-World War II decades when the trend was toward a "shared prosperity"; and shows how increased economic inequality and political consequences that undermined democracy itself contributed to the economic meltdown. The analysis has implications for the direction of social reform and for broadening the constituency of social movements in pursuit of the social work mission of social justice. How social workers can contribute to such movements and to a reduction of economic and political inequality is explored.

Transitional Justice

DEFF Research Database (Denmark)

Gissel, Line Engbo

This presentation builds on an earlier published article, 'Contemporary Transitional Justice: Normalising a Politics of Exception'. It argues that the field of transitional justice has undergone a shift in conceptualisation and hence practice. Transitional justice is presently understood to be th...... to be the provision of ordinary criminal justice in contexts of exceptional political transition.......This presentation builds on an earlier published article, 'Contemporary Transitional Justice: Normalising a Politics of Exception'. It argues that the field of transitional justice has undergone a shift in conceptualisation and hence practice. Transitional justice is presently understood...

Justice heals: the impact of impunity and the fight against it on the recovery of severe human rights violations' survivors.

Science.gov (United States)

Rauchfuss, Knut; Schmolze, Bianca

2008-01-01

Case studies show that traumatized refugees, who are survivors of serious human rights violations, suffer from persisting impunity in their home countries. Ongoing impunity--the inability to overcome the legal protection of the perpetrators assured by impunity laws, incomplete truthfinding, missing integral reparation and a lack of the necessary acknowledgement by society--represents an important obstacle for the recovery of survivors of serious human rights violations. There are reports describing that a high percentage of survivors shows an elevated mental vulnerability caused by impunity. Mental health problems resulting from traumatic experiences can persist or be reactivated by certain events. In particular, family members of the forcibly disappeared suffer from an incomplete mourning due to the uncertain fate of their beloved ones. The ongoing search for the forcibly disappeared under an atmosphere of impunity puts family members under high risk of retraumatization. Studies from other continents also prove that impunity severely affects mental health. Due to the global character of impunity there can be only little evidence about a positive impact of justice on mental health. Nevertheless, a few examples, in particular from Latin America, show that the combined implementation of memory, truth and justice can have a healing impact on those who suffer from trauma. They demonstrate that the fight against impunity is not only a legitimate moral struggle for human rights, but also a basic need for the sustainable recovery of survivors.

The impact of economic globalisation on health.

Science.gov (United States)

Koivusalo, Meri

2006-01-01

The analysis of the impact of economic globalisation on health depends on how it is defined and should consider how it shapes both health and health policies. I first discuss the ways in which economic globalisation can and has been defined and then why it is important to analyse its impact both in terms of health and health policies. I then explore the ways in which economic globalisation influences health and health policies and how this relates to equity, social justice, and the role of values and social rights in societies. Finally, I argue that the process of economic globalisation provides a common challenge for all health systems across the globe and requires a broader debate on values, accountability, and policy approaches.

Counseling Psychology in the Justice System.

Science.gov (United States)

Binder, Arnold; Binder, Virginia L.

1983-01-01

Presents an overview of pscyhological counseling for offenders. The 12 articles of this special issue deal with counseling before trial, in prison, and after release and also crisis intervention for police officers. Other topics include the juvenile justice system, juvenile diversion, ethics, and the economics of service delivery. (JAC)

THE OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS: A NEW INSTRUMENT TO ADDRESS HUMAN RIGHTS VIOLATIONS

Directory of Open Access Journals (Sweden)

Christian Courtis

2015-08-01

Full Text Available The article discusses the adoption of the new Optional Protocol to the International Covenant on Economic, Social and Cultural Rights as a means to obtain redress for violations against economic, social and cultural rights in the international sphere – including its potential use for the consideration of the violation of extraterritorial obligations. Keywords: Human rights. Social rights. Violations. Optinal protocol.

Social Justice Attitudes and Concerns for Labor Standards

Directory of Open Access Journals (Sweden)

Michaela Schulz

2017-01-01

Full Text Available This study utilizes an adapted version of the Social Justice Scale to capture and assess the extent to which social-justice-related values and attitudes toward labor standards relate to consumer intentions and behaviors. This social cognitive model assesses, based on Ajzen’s theory of planned behavior, how “perceived behavior control” affects these behaviors either directly or indirectly through consumers’ intentions. It is hypothesized that individuals who value fairness and equity in social interactions are going to be more likely to engage with businesses that are known for ethical business practices and abstain from firms that are known to violate labor rights. The results confirm that consumers who are concerned with social justice are less likely to conduct business with enterprises that have the reputation of violating both human rights and labor rights. However, the results also reveal that consumers with low levels of “perceived behavioral control” justify their consumer behaviors as they do not think that they can make a difference.

The Place of Social Justice in Higher Education and Social Change Discourses

Science.gov (United States)

Singh, Mala

2011-01-01

A familiar discourse about higher education and social change today relates to higher education's socio-economic role within knowledge societies in a globalizing world. This paper addresses how issues of social justice feature in such discourses; whether social justice in higher education has been appropriated into a neo-liberal strategy for…

Transferability and Commercialization of Patent Rights: Economic and Practical Perspectives

Directory of Open Access Journals (Sweden)

Haim V. Levy

2012-01-01

Full Text Available The transformation of innovation into commercial value depends primarily on appropriate protection of the intellectual property, usually by patents, and efficient pathway(s of its transferability as well as the transfer of the protected knowledge. The key features of patents, from an economic perspective, are that they encompass new knowledge and confer monopoly rights to the owner. The exclusiveness of patent rights is generally conceived as a necessary mechanism to ensure further innovation, stimulate advanced research and facilitate efficient market transactions with patent rights. The patent holder can transfer the technology embodied by way of granting to others a license to use the patented invention in return for a share of the revenues, usually royalties. Patent rights transferability has been proven to be efficient and profitable to the industry as well as beneficial to the welfare of society. The economic and practical perspectives of the transferability and commercialization of patent rights are discussed.

Protecting Socio-Economic Rights Through the European Convention on Human Rights : Trends and Developments in the European Court of Human Rights

NARCIS (Netherlands)

E. Palmer (Ellie)

2009-01-01

textabstractThis article is concerned with jurisprudential trends and developments in the protection of socio-economic rights through the interpretation of the European Convention on Human Rights (ECHR). It focuses on the potential to gain access to health care and welfare services, and the

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

Science.gov (United States)

Kress, June

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

New frontiers and conceptual frameworks for energy justice

International Nuclear Information System (INIS)

Sovacool, Benjamin K.; Burke, Matthew; Baker, Lucy; Kotikalapudi, Chaitanya Kumar; Wlokas, Holle

2017-01-01

This article explores how concepts from justice and ethics can inform energy decision-making and highlight the moral and equity dimensions of energy production and use. It defines “energy justice” as a global energy system that fairly distributes both the benefits and burdens of energy services, and one that contributes to more representative and inclusive energy decision-making. The primary contribution of the article is its focus on six new frontiers of future energy justice research. First is making the case for the involvement of non-Western justice theorists. Second is expanding beyond humans to look at the Rights of Nature or non-anthropocentric notions of justice. Third is focusing on cross-scalar issues of justice such as embodied emissions. Fourth is identifying business models and the co-benefits of justice. Fifth is better understanding the tradeoffs within energy justice principles. Sixth is exposing unjust discourses. In doing so, the article presents an agenda constituted by 30 research questions as well as an amended conceptual framework consisting of ten principles. The article argues in favor of “justice-aware” energy planning and policymaking, and it hopes that its (reconsidered) energy justice conceptual framework offers a critical tool to inform decision-making. - Highlights: • We need “justice-aware” energy policy. • A revised energy justice conceptual framework offers a critical tool to inform decision making. • New fields of inquiry for energy justice research and practice exist. • Tradeoffs and weighing competing justice claims occur in practice.

Everyday suffering outside prison walls: a legacy of community justice in post-genocide Rwanda

NARCIS (Netherlands)

Rutayisire, T.; Richters, A.

2014-01-01

Twenty years after the 1994 genocide, Rwanda shows all indications of moving quickly towards socio-economic prosperity. Rwanda's community justice system, Gacaca, was to complement this prosperity by establishing peace and stability through justice, reconciliation and healing. Evaluations of the

Social Justice and Career Development: Views and Experiences of Australian Career Development Practitioners

Science.gov (United States)

McMahon, Mary; Arthur, Nancy; Collins, Sandra

2008-01-01

Career development practice had its origins in social justice reform over 100 years ago. A social justice perspective requires practitioners to examine the environmental context of their work, including the social, economic and political systems that influence people's career development. Achieving socially just outcomes for clients may…

Metrics of Justice. A Sundial's Nomological Figuration.

Science.gov (United States)

Behrmann, Carolin

2015-01-01

This paper examines a polyhedral dial from the British Museum made by the instrument maker Ulrich Schniep, and discusses the status of multifunctional scientific instruments. It discerns a multifaceted iconic meaning considering different dimensions such as scientific functionality (astronomy), the complex allegorical figure of Justice (iconography), and the representation of the sovereign (politics), the court and the Kunstkammer of Albrecht v of Bavaria. As a numen mixtum the figure of "Justicia" touches different fields that go far beyond pure astronomical measurement and represents the power of the ruler as well as the rules of economic justice.

Global Poverty, Justice and Taxation

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Ciprian Niţu

2012-10-01

Full Text Available The question of poverty and justice inside global economic system has received three major types of responses in political theory. The communitarian perspective considers political culture of a society as the main cause of the wealth of that society, and accordingly limits the redistributive duty to the nation-state borders. A second view, which can be called liberal internationalism, claims that trade liberalization is the best way to reduce poverty in developing countries and create a more equitable and stable economic order. This paper argues that a third perspective seems to be a better approach. The cosmopolitan perspective points out that international economic system should be reformed by building up a global tax regime.

A Self-Interest Analysis of Justice and Tax Compliance: How Distributive Justice Moderates the Effect of Outcome Favorability

NARCIS (Netherlands)

Verboon, Peter; van Dijke, Marius

2008-01-01

Compliance with tax authorities has been studied mainly in the fields of economics and psychology. The focus has respectively been on self-interest motives and justice concerns in tax compliance. We argue that both concerns are less divergent than is often thought. Specifically, we studied the

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

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Abiodun Odusote

2014-12-01

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

Constitutional aspects of European private law: freedoms, rights and social justice in the Draft Common Frame of Reference, report for the CoPECL project

NARCIS (Netherlands)

Hesselink, M.W.; Mak, C.; Rutgers, J.W.

2009-01-01

This report analyses the academic DCFR in the light of freedoms, rights and social justice. It first investigates whether the DCFR takes the autonomy of equally strong parties as its starting point or rather incorporates elements of ‘social justice’. The evaluation takes place on the basis of five

Victims’ rights are human rights: The importance of recognizing victims as persons

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Wemmers Jo-Anne

2012-01-01

Full Text Available In this paper the author argues that victims’ rights are human rights. Criminal law typically views victims as witnesses to a crime against the state, thus shutting them out of the criminal justice process and only allowing them in when they are needed to testify. This is a major source of dissatisfaction for victims who seek validation in the criminal justice system. Victims are persons with rights and privileges. Crimes constitute violations of their rights as well as acts against society or the state. While human rights instruments, such as the Universal Declaration of Human Rights, do not mention crime victims specifically, a number of rights are identified, which can be viewed from the victim’s perspective. As individuals with dignity, victims have the right to recognition as persons before the law. However, such rights are only meaningful if they can be enforced.

U.N. adopts historic declaration on economic, social and cultural rights.

Science.gov (United States)

2009-05-01

On International Human Rights Day, 10 December 2008, the U.N. General Assembly adopted a landmark document, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.

Incorporating Indigenous Rights and Environmental Justice into Fishery Management: Comparing Policy Challenges and Potentials from Alaska and Hawaíi

Science.gov (United States)

Richmond, Laurie

2013-11-01

Colonial processes including the dispossession of indigenous lands and resources and the development of Western management institutions to govern the use of culturally important fish resources have served in many ways to marginalize indigenous interests within the United States fisheries. In recent years, several US fishery institutions have begun to develop policies that can confront this colonial legacy by better accommodating indigenous perspectives and rights in fishery management practices. This paper analyzes two such policies: the 2005 community quota entity program in Alaska which permits rural communities (predominantly Alaska Native villages) to purchase and lease commercial halibut fishing privileges and the 1994 State of Hawaíi community-based subsistence fishing area (CBSFA) legislation through which Native Hawaiian communities can designate marine space near their community as CBSFAs and collaborate with the state of Hawaíi to manage those areas according to traditional Hawaiian practices. The analysis reveals a striking similarity between the trajectories of these two policies. While they both offered significant potential for incorporating indigenous rights and environmental justice into state or federal fishery management, they have so far largely failed to do so. Environmental managers can gain insights from the challenges and potentials of these two policies. In order to introduce meaningful change, environmental policies that incorporate indigenous rights and environmental justice require a commitment of financial and institutional support from natural resource agencies, a commitment from indigenous groups and communities to organize and develop capacity, and careful consideration of contextual and cultural factors in the design of the policy framework.

Global health justice and governance.

Science.gov (United States)

Ruger, Jennifer Prah

2012-01-01

While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed as an issue of national security, human security, human rights, and global public goods. The global health governance literature is essentially untethered to a theorized framework to illuminate or evaluate governance. This article ties global health justice and ethics to principles for governing the global health realm, developing a theoretical framework for global and domestic institutions and actors.

Spheres of Justice within Schools

DEFF Research Database (Denmark)

Sabbagh, Clara; Resh, Nura; Mor, Michal

2006-01-01

This article argues that there are distinct spheres of justice within education and examines a range of justice norms and distribution rules that characterize the daily life of schools and classrooms. Moving from the macro to micro level, we identify the following five areas: the right to education......, the allocation of (or selection into) learning places, teaching–learning practices, teachers’ treatment of students, and student evaluations of grade distribution. We discuss the literature on the beliefs by students and teachers about the just distribution of educational goods in these five domains......, and on the practices used in the actual allocation of these goods. In line with normative ‘spheres of justice’ arguments in social theory, we conclude that the ideals of social justice within schools vary strongly according to the particular resource to be distributed. Moreover, these ideals often do not correspond...

Another Look at Distributive Justice and the Social Studies.

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Gregg, Dennis R.

1991-01-01

Discusses distributive justice in teaching social studies. Argues that utilitarianism is an inadequate basis for distributive justice because it does not allow for the primacy of civil or natural rights. Suggests addressing such issues in class to encourage student consideration of fundamental principles and their application to contemporary…

What's Left of the Left-Right Dimension? Why the Economic Policy Positions of Europeans Do Not Fit the Left-Right Dimension.

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Otjes, Simon

2018-01-01

In political science the economic left-right dimension plays a central role. A growing body of evidence shows that the economic policy preferences of a large segment of citizens do not scale sufficiently. Using Mokken scale analysis, this study determines the causes of this phenomenon. Differences in the extent to which the economic policy preferences of citizens fit the left-right dimension can be explained in terms of the interaction between individual level and political system-level variables: citizens who spend more attention to politicians with views that conform to the left-right dimension, have views that conform to the left-right dimension. There is also a role for the legacy of communist dictatorship: citizens who were socialised in democratic countries have views that fit the left-right dimension better than those socialised during communism.

Restorative Justice in Indonesia: Traditional Value

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Eva Achjani Zulfa

2011-05-01

Full Text Available “Restorative Justice” is a model approach which emerged in the 1960s in an effort to solve criminal cases. Unlike the approach used in conventional criminal justice system, this approach focuses on the direct participation of perpetrators, victims and society in the settlement process. This theory of the approach is still debated, but the view is in fact growing and it exercises a lot of influence on legal policies and practices in several countries. The UN through its basic principles considers the approach of restorative justice as the approach which could be used in the rational criminal justice system. Restorative justice is a concept of thinking that supports the development of the criminal justice system with emphasis on the required involvement of the community. It is also involving the casualties who with the current criminal justice system are excluded. In several countries, restorative justice has been translated into a variety of formulations to accommodate a variety of values, philosophical basis, terms, strategies, mechanisms, and programs. Good consultation with the perpetrators and the victims themselves may provide the public with a different mindset in preventing emerging problems. This process can involve the police, prosecutorial institution or the traditional institutions. Therefore, without excluding the work in the formal legal system, the institutional mechanism for resolution through consultation was working in the community. In the various principles and models of the restorative justice approach, the process of dialogue between the perpetrator and the victim is a fundamental and the also the most important part of the application of the restorative justice. The direct dialogue between the perpetrator and the victim gave the victim the opportunity to express what he/she felt, hope for human rights and the desire to reach a criminal settlement.

The Existence of Human Rights Court as a National Effort to Eliminate the Severe Violation of Human Rights in Indonesia

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- Junaedi

2014-10-01

Full Text Available The law on human rights court has brought the new hopes for certain people have suffered because of the human rights violation happened in the past government (before the law enacted in the years of 2000. The demand of justice has been made by victims, the families of victims and other sympathetic parties by bringing those who have violated human rights in the past. The demand for justice does not only focus on human rights violations, which occurred in the past but also similar human rights violations that will occur in the future. The existence of a permanent Human Rights Court seems to imply that human rights will be upheld and protected. The resolution of past human rights violations via a conflict approach is preferable for the national reconciliation. The resolution of past human rights violations through extra-judicial organizations is an advanced step towards resolving the case, whereas a conflict approach can be used to settle the case. The existence of the Human Rights Law provides a new frontier in implementing the principle of restorative justice in the approach of case settlement. It is hoped that such restorative justice can create a political balance between the past and the future.

Extending the multifoci perspective: The role of supervisor justice and moral identity in the relationship between customer justice and customer-directed sabotage.

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Skarlicki, Daniel P; van Jaarsveld, Danielle D; Shao, Ruodan; Song, Young Ho; Wang, Mo

2016-01-01

The multifoci perspective of justice proposes that individuals tend to target their (in)justice reactions toward the perceived source of the mistreatment. Empirical support for target-specific reactions, however, has been mixed. To explore theoretically relevant reasons for these discrepant results and address unanswered questions in the multifoci justice literature, the present research examines how different justice sources might interactively predict target-specific reactions, and whether these effects occur as a function of moral identity. Results from a sample of North American frontline service employees (N = 314, Study 1) showed that among employees with lower levels of moral identity, low supervisor justice exacerbated the association between low customer justice and customer-directed sabotage, whereas this exacerbation effect was not observed among employees with higher levels of moral identity. This 3-way interaction effect was replicated in a sample of South Korean employees (N = 265, Study 2). (c) 2016 APA, all rights reserved).

Economic Inequality and Economic Crisis: A Challenge for Social Workers

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Goldberg, Gertrude Schaffner

2012-01-01

To social workers, extreme economic inequality is primarily a violation of social justice, but this article shows how growing economic inequality since the mid-1970s was not only unjust, but also dysfunctional to the U.S. economy and linked to the recent economic crisis with its devastating effects, particularly on the social work clientele. The…

75 FR 78147 - Human Rights Day, Bill of Rights Day, and Human Rights Week, 2010

Science.gov (United States)

2010-12-14

..., certain rights belong to all people: freedom to live as they choose, to speak openly, to organize... in the rule of law. Freedom, justice, and peace for the world must begin with basic security and... rights a reality for every person, regardless of race, gender, religion, nationality, sexual orientation...

Prospects for creating global justice consensually: suggestions from ...

African Journals Online (AJOL)

... universal norms of good governance is that the political culture dominating the global arena just cannot grasp the basics. Key words: global economic justice, Thomas Nagel, Hobbesian scepticism, indigenous African governance, consensual democracy, international law, transnational corporate social responsibility ...

Social justice and the formal principle of freedom

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Nikolić Olga

2017-01-01

Full Text Available The aim of this paper is to show, contra the right-libertarian critique of social justice, that there are good reasons for defending policies of social justice within a free society. In the first part of the paper, we will present two influential right-libertarian critiques of social justice, found in Friedrich Hayek’s Law, Legislation and Liberty and Robert Nozick’s Anarchy, State and Utopia. Based on their approach, policies of social justice are seen as an unjustified infringement on freedoms of individual members of a society. In response to this critique, we will introduce the distincion between formal and factual freedom and argue that the formal principle of freedom defended by Hayek and Nozick does not suffice for the protection of factual freedom of members of a society, because it does not recognize (1 the moral obligation to help those who, without their fault, lack factual freedom to a significant degree, and (2 the legal obligation of the state to protect civic dignity of all members of a society. In the second part of the paper, we offer an interpretation of Kant’s argument on taxation, according to which civic dignity presupposes factual freedom, in order to argue that Kant’s justification of taxation offers good reasons for claiming that the state has the legal obligation to protect factual freedom via the policies of social justice.

Social justice praxis in education: Towards sustainable ...

African Journals Online (AJOL)

Lastly, these practitioners aligned their management strategies with human rights values, as well as human dignity and equality, and their strategies found pride of place in extant ubuntu principles. Keywords: determinants; education; human rights; management strategies; restorative; social justice praxis; sustainable ...

Rural science education as social justice

Science.gov (United States)

Eppley, Karen

2017-03-01

What part can science education play in the dismantling of obstacles to social justice in rural places? In this Forum contribution, I use "Learning in and about Rural Places: Connections and Tensions Between Students' Everyday Experiences and Environmental Quality Issues in their Community"(Zimmerman and Weible 2016) to explicitly position rural education as a project of social justice that seeks full participatory parity for rural citizens. Fraser's (2009) conceptualization of social justice in rural education requires attention to the just distribution of resources, the recognition of the inherent capacities of rural people, and the right to equal participation in democratic processes that lead to opportunities to make decisions affecting local, regional, and global lives. This Forum piece considers the potential of place-based science education to contribute to this project.

Mathematics education for social justice

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Suhendra

2016-02-01

Mathematics often perceived as a difficult subject with many students failing to understand why they learn mathematics. This situation has been further aggravated by the teaching and learning processes used, which is mechanistic without considering students' needs. The learning of mathematics tends to be just a compulsory subject, in which all students have to attend its classes. Social justice framework facilitates individuals or groups as a whole and provides equitable approaches to achieving equitable outcomes by recognising disadvantage. Applying social justice principles in educational context is related to how the teachers treat their students, dictates that all students the right to equal treatment regardless of their background and completed with applying social justice issues integrated with the content of the subject in order to internalise the principles of social justice simultaneously the concepts of the subject. The study examined the usefulness of implementing the social justice framework as a means of improving the quality of mathematics teaching in Indonesia involved four teacher-participants and their mathematics classes. The study used action research as the research methodology in which the teachers implemented and evaluated their use of social justice framework in their teaching. The data were collected using multiple research methods while analysis and interpretation of the data were carried out throughout the study. The findings of the study indicated that there were a number of challengesrelated to the implementation of the social justice framework. The findings also indicated that, the teachers were provided with a comprehensive guide that they could draw on to make decisions about how they could improve their lessons. The interactions among students and between the teachers and the students improved, they became more involved in teaching and learning process. Using social justice framework helped the teachers to make mathematics more

The radical right parties under the economic crisis: The Greek case

NARCIS (Netherlands)

Georgiadou, V.; Kafe, A.; Nezi, Roula

2012-01-01

Nowadays a new wave of socio-political disenchantment is emerging in most European countries due to the economic crisis. Exceptional examples among them are protest movements in Spain, Portugal, Greece, or even the UK. In the era of the economic crisis do the populist radical right parties continue

Too much of a good thing? Economic growth and human rights, 1960 to 2010.

Science.gov (United States)

Cole, Wade M

2017-09-01

Despite widespread belief in the benefits of economic growth, some scholars emphasize the potentially negative consequences of growth-and especially rapid growth-for social and political outcomes. Using data for 149 countries between 1960 and 2010, I analyze the effect of economic growth on fundamental human rights conditions. Dynamic random-effects and two-way fixed-effects estimators, both with and without instrumental variables, yield several conclusions. First, economic growth is causally prior to rights conditions. Second, economic growth has a modest positive effect on human rights, albeit with diminishing returns at high growth rates. Third, low-income countries account for much of this relationship: growth improves rights conditions for most low-income countries, but extremely rapid growth is inimical. Growth has little effect among middle-income countries, while for high-income countries the relationship is positive but not robust. I bring these findings to bear on long-standing debates between proponents and critics of modernization theory. Copyright © 2017 Elsevier Inc. All rights reserved.

Engaging Public Space: Art Education Pedagogies for Social Justice

Science.gov (United States)

Duncum, Paul

2011-01-01

Considering social justice to be founded on human rights, which, in turn, are grounded in freedom of thought, expression, and assembly, this essay reviews efforts by art educators to engage with public space as a form of social justice pedagogy. Public space, whether actual or virtual, is understood to be inherently devoted to contestation in the…

THINKING PAST RIGHTS: TOWARDS FEMINIST THEORIES OF REPARATIONS

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Genevieve Renard Painter

2012-02-01

Full Text Available The notion of reparations encompasses debates about the relationship between individual and society, the nature of political community, the meaning of justice, and the impact of rights on social change. In international law, the dominant approach to reparations is based on individual rights. This normative framework is out of step with the understanding of reparations circulating among many women activists. I develop a theoretical approach to justice and reparations that helps to explain the gap between the international normative framework and activist discourses. Based on distributive, communitarian, and critical theories of justice, I argue that reparations can be thought of as rights, symbols, or processes. Understanding reparations as either rights or symbols is rife with problems when approached from an activist and feminist theoretical standpoint. As decisions about reparations programs are and should be determined by the political, social, economic, and cultural context, a blueprint for ‘a feminist reparations program’ is impractical and ill-advised. However, the strongest feminist approach to reparations would depart from an understanding of reparations as a process. La notion de réparations tient compte des relations entre l’individu et la société, de la nature du politique, de la signification de la justice et de l’incidence des droits dans le changement social. En droit international, l’idée dominante à cet égard est fondée sur les droits individuels. Ce cadre normatif est en décalage avec l’idée que de nombreuses militantes se font des réparations. J’ai élaboré une façon théorique de voir la justice et les réparations qui aide à expliquer l’écart entre le cadre normatif international et le discours militant. Selon cette approche fondée sur des théories distributives, communautaires et critiques de la justice, j’affirme que les réparations peuvent être vues comme des droits, des symboles ou des

Social justice and religious participation: a qualitative investigation of Christian perspectives.

Science.gov (United States)

Todd, Nathan R; Rufa, Anne K

2013-06-01

This investigation examines how self-identified Christians in the Midwest U.S. understand and work for social justice, with a focus on their process of social justice development and the role of religious congregations in promoting social justice. Using a grounded theory analysis of 15 in-depth interviews, results indicated multiple understandings of social justice such as meeting basic needs, fixing social structures and systems to create equal distributions of resources, promoting human rights and dignity, and as a religious responsibility. Participants also described a process of social justice development facilitated by exposure to injustice, mentors, educating others, and the importance of finding a social justice community. Distinct personal barriers to social justice engagement were identified such as resources and negative emotions, whereas congregational leadership was important for congregational involvement. General frustration with congregations was expressed regarding low social justice engagement; however, participants balanced this frustration with hope for the positive potential of congregations to promote social justice. Together these findings show multifaceted understandings of social justice and a dynamic process of social justice development for these self-identified Christians. Implications for future research and partnership with religious individuals and congregations also are discussed.

Distributive Justice in the State of Nature: An Egalitarian View ...

African Journals Online (AJOL)

Like many writers in the natural rights tradition, I take for granted that distributive justice consists in conformity to pre-political principles that apply to property regimes. Against the background of that assumption, the paper distinguishes between broadly Lockean and broadly Grotian conceptions of distributive justice in the ...

Improving the Performance of Justice Institutions

OpenAIRE

Decker, Klaus; Mohlen, Christian; Varela, David F.

2011-01-01

This paper presents a selection of experiences from Organization for Economic Cooperation and Development (OECD) countries in managing justice institutions which are the most relevant for performance improvement of their counterparts in Latin America. The scope of the paper is mostly limited to the courts, but comprises all types of courts: specialized courts as well as courts of general j...

Solidarity, justice, and recognition of the other.

Science.gov (United States)

Ter Meulen, Ruud

2016-12-01

Solidarity has for a long time been referred to as the core value underpinning European health and welfare systems. But there has been debate in recent years about whether solidarity, with its alleged communitarian content, can be reconciled with the emphasis on individual freedom and personal autonomy. One may wonder whether there is still a place for solidarity, and whether the concept of justice should be embraced to analyse the moral issues regarding access to health care. In this article, I will answer this question by analysing the normative foundations of the concept of justice, followed by a deeper examination of the concept of solidarity in continental philosophy. More specifically, I will compare the philosophical traditions rooted in Kant (with emphasis on autonomy and individual rights) to approaches rooted in Hegel (with emphasis on individual relations of recognition). In addition, I will present the work of Avishai Margalit on the decent society to criticize a predominantly liberal approach to access to health care. The importance of solidarity lies particularly in its emphasis on relational aspects and the role of recognition in care practices, which are usually ignored in liberal approaches to justice. However, the article will argue that solidarity is not an alternative to a rights-based concept of justice, but must be considered as a necessary complement to it.

Religious Education towards Justice: What Kind of Justice Is to Be Taught in a Christian Context?

Directory of Open Access Journals (Sweden)

Monika Bobbert

2017-02-01

Full Text Available Education is a human right. It prepares human beings for life, helps to develop individual abilities and opens up social opportunities—e.g., earning one’s own living. Religion interprets our human existence in connection to a transcendental dimension. Religion can also influence moral values and behavior. The Christian religion established a basis for social life, and thus deals with religious and moral justice. As the Christian faith is understood as the identity of the qualities of love of God, of your neighbor and even of your enemy, it has to look for justice in the world. Modern Christian ethics does unfold interpersonal and global justice for all people and tries to give good reasons for moral claims. Religious education in a Christian context has to answer the question of what kind of justice is to be taught and by what means justice, as a goal of education, can be reached within such a setting. This article will unfold, from an ethical point of view, what kind of knowledge and competence teachers must have and what kind of goals can be followed with regard to their pupils or students. The results of this reflection imply certain pedagogical methods and means and exclude others—although it is not possible to go more deeply into a pedagogical discussion.

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

NARCIS (Netherlands)

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

2014-01-01

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

The tension between cross-border cooperation in the European Area of Freedom, Security and Justice and the fundamental rights of mentally ill offenders in detention.

Science.gov (United States)

Meysman, Michaël

2016-01-01

In two recent judgements, the European Court of Human Rights (ECtHR) has given an alarming signal regarding the placement, care and treatment of mentally disordered offenders in Belgium. This article analyses these judgements and the Court's assessment that Belgium faces a structural problem regarding the detention of people with a mental illness in prison. By exploring other recent ECtHR decisions across the EU and combining this with an analysis of international norms and standards, it contends that there is something amiss regarding the post-trial approach towards mentally disordered offenders in an EU-wide context. The potential hazards of this situation, from both an individual and an EU perspective are then presented by analysing the EU Framework Decision on the transfer of prisoners (which aims to facilitate offender rehabilitation) and the EU Court of Justice's interpretation of the relationship between instruments like the Framework Decision that are based on mutual recognition and fundamental rights. Lastly, the EU's initiative for enhancing procedural rights in criminal proceedings through the Roadmap trajectory, and the subsequent Commission Recommendation of 27 November 2013, are scrutinized. Based on this research, the article pinpoints the flaws and vacuums that currently exist for mentally disordered offenders, and the negative outcome this may have on the legitimacy and effectiveness of the European Area of Freedom, Security and Justice. Copyright © 2016 Elsevier Ltd. All rights reserved.

Feminist Challenges to the Reframing of Equality and Social Justice

DEFF Research Database (Denmark)

Siim, Birte

2016-01-01

Global mobility and the present economic, political and refugee crisis have resulted in political contestations and new theoretical challenges. Inspired by several European research projects, in this paper I reflect upon feminist activism and the challenges to reframing equality and social justice...... in contemporary society (see Siim & Mokre, 2013; Lazaridis et al., 2016). I first discuss intersectional relations between anti-racist activism and feminist activism in the Danish context. Then I discuss how feminist theorists can contribute to the reframing of (gender) equality and social justice in contemporary...... for a transnational approach to social justice, premised on redistribution, recognition and participatory parity. I argue that both need to be adapted in order to contribute to an understanding of the feminist challenges in the particular Nordic contexts....

Low organisational justice and heavy drinking: a prospective cohort study.

Science.gov (United States)

Kouvonen, Anne; Kivimäki, Mika; Elovainio, Marko; Väänänen, Ari; De Vogli, Roberto; Heponiemi, Tarja; Linna, Anne; Pentti, Jaana; Vahtera, Jussi

2008-01-01

To investigate whether low perceived organisational injustice predicts heavy drinking among employees. Data from a prospective occupational cohort study, the 10-Town Study, on 15 290 Finnish public sector local government employees nested in 2432 work units, were used. Non-drinkers were excluded. Procedural, interactional and total organisational justice, heavy drinking (>/=210 g of absolute alcohol per week) and other psychosocial factors were determined by means of questionnaire in 2000-2001 (phase 1) and 2004 (phase 2). Multilevel logistic regression analyses taking into account the hierarchical structure of the data were conducted and adjustments were made for sex, age, socio-economic status, marital status, baseline heavy drinking, psychological distress and other psychosocial risk factors such as job strain and effort/reward imbalance. After adjustments, participants who reported low procedural justice at phase 1 were approximately 1.2 times more likely to be heavy drinkers at phase 2 compared with their counterparts reporting high justice. Low perceived justice in interpersonal treatment and low perceived total organisational justice were associated with increased prevalence of heavy drinking only in the model adjusted for sociodemographics. This is the first longitudinal study to show that low procedural justice is weakly associated with an increased likelihood of heavy drinking.

Justice orientation as a moderator of the framing effect on procedural justice perception.

Science.gov (United States)

Sasaki, Hiroyuki; Hayashi, Yoichiro

2014-01-01

Justice orientation is a justice-relevant personality trait, which is referred to as the tendency to attend to fairness issues and to internalize justice as a moral virtue. This study examined the moderating role of justice orientation in the relationship between justice perception and response to a decision problem. The authors manipulated procedural justice and the outcome valence of the decision frame within a vignette, and measured justice orientation of 174 Japanese participants. As hypothesized, the results indicated an interaction between procedural justice and framing manipulation, which was moderated by individual differences in justice orientation. In negative framing, justice effects were larger for individuals with high rather than low justice orientation. The results are explained from a social justice perspective, and the contributions and limitations of this study are also discussed with respect to our sample and framing manipulation.

Migration, Gender and Social Justice : Connecting Research and ...

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

Migration, Gender and Social Justice : Connecting Research and Practice Networks. Gender equality in migration as a policy objective requires an understanding of the ... Claiming migrants' rights in Costa Rica through constitutional law. Dossiers. Protecting rights and reducing stigma against Vietnamese women married ...

Retributive and restorative justice.

Science.gov (United States)

Wenzel, Michael; Okimoto, Tyler G; Feather, Norman T; Platow, Michael J

2008-10-01

The emergence of restorative justice as an alternative model to Western, court-based criminal justice may have important implications for the psychology of justice. It is proposed that two different notions of justice affect responses to rule-breaking: restorative and retributive justice. Retributive justice essentially refers to the repair of justice through unilateral imposition of punishment, whereas restorative justice means the repair of justice through reaffirming a shared value-consensus in a bilateral process. Among the symbolic implications of transgressions, concerns about status and power are primarily related to retributive justice and concerns about shared values are primarily related to restorative justice. At the core of these processes, however, lies the parties' construal of their identity relation, specifically whether or not respondents perceive to share an identity with the offender. The specific case of intergroup transgressions is discussed, as are implications for future research on restoring a sense of justice after rule-breaking.

Civilisation of Criminal Justice: Restorative Justice amongst other strategies

NARCIS (Netherlands)

J.R. Blad (John)

2013-01-01

markdownabstract__Abstract__ Is criminal justice becoming more and uncivilised if so, how could this be explained? Could Is criminal justice becoming more and uncivilised if so, how could this be explained? Could Is criminal justice becoming more and uncivilised if so, how could this be

A compromise of rights, rights of language and rights to a language ...

African Journals Online (AJOL)

this challenge in real life situations, including sentencing people to imprisonment, ... Systematic work has been carried out using this approach ... balance of power and rethinking of record construction by the police, should be advocated. 2. ..... rights in the criminal justice system could be one of the more viable solutions.

Restorative justice and non-custodial measures: Panacea to ...

African Journals Online (AJOL)

A functional justice system is a pointer to economic growth, development and stability. A system which is characterized by problems ranging from but not limited to abuse of court processes, bureaucracy, lack of funds for the judiciary and the police, delay in trial, non-reformation of correctional institutions, congestion of ...

Social Justice and Leadership Development

Science.gov (United States)

Forde, Christine; Torrance, Deirdre

2017-01-01

The revised professional standards for the teaching profession in Scotland are underpinned by a set of values which includes a detailed articulation of social justice for education covering rights, diversity and sustainability. There is a future orientation in these standards that privileges the contribution of teachers and leaders to realizing a…

Justice- and fairness-related behaviors in nonhuman primates.

Science.gov (United States)

Brosnan, Sarah F

2013-06-18

A distinctive feature across human societies is our interest in justice and fairness. People will sometimes invest in extremely costly behavior to achieve fair outcomes for themselves and others. Why do people care so much about justice? One way to address this is comparatively, exploring behaviors related to justice and fairness in other species. In this paper, I review work exploring responses to inequity, prosocial behavior, and other relevant behaviors in nonhuman primates in an effort to understand both the potential evolutionary function of these behaviors and the social and ecological reasons for the individual differences in behavior. I also consider how these behaviors relate to human behavior, particularly in the case of experimental studies using games derived from experimental economics to compare nonhuman primates' responses to those of humans in similar experimental conditions. These results emphasize the importance of a comparative approach to better understand the function and diversity of human behavior.

Contemporary Transitional Justice

DEFF Research Database (Denmark)

Gissel, Line Engbo

2017-01-01

This article studies the contemporary expression of transitional justice, a field of practice through which global governance is exercised. It argues that transitional justice is being normalised, given the normative and empirical de-legitimisation of its premise of exceptionalism. The article...... theorises exceptionalism and normalcy in transitional justice and identifies three macro-level causes of normalisation: the legalisation, internationalisation, and professionalization of the field. This argument is illustrated by a study of Uganda’s trajectory of transitional justice since 1986. Across five...... phases of transitional justice, processes of legalisation, internationalisation, and professionalization have contributed to the gradual dismantling of the country’s exceptional justice. The case demonstrates, further, that normalization is a contested and incomplete process....

Feminism, Budgeting and Gender Justice

Science.gov (United States)

Misra, S. N.; Ghadai, Sanjaya Kumar

2017-01-01

The Fourth Conference on Women at Beijing (1995) underlined the importance of gender mainstreaming; spurring India to provide for separate Gender Budgeting in 2005-06. The Constitution tries to make fine balance between right to equality and positive discrimination for promoting gender justice in India. Yet high levels of Gender Inequality Index…

The human rights approach to climate change

DEFF Research Database (Denmark)

Toft, Kristian Høyer

2013-01-01

are instrumentally applied as a solution to what could be called the “justice problem” in climate negotiations. In order to assess the degree to which human rights could be a useful approach to the justice problem with regard to to climate change, four major issues need to be examined. First...... presently and in the future, needs to be elucidated, as well as (b) the human rights principles that are at stake, and (c) the duties and duty holders involved. Third, the human right to emit greenhouse gases needs to be clarified in the context of subsistence rights and equal per capita emission rights...

Do We Have a Negative Duty Towards the Global Poor? Thomas Pogge on Global Justice

NARCIS (Netherlands)

Pierik, R.; Merle, J.-C.

2013-01-01

Who has the duty to guarantee that basic human rights are fulfilled globally? This is one of the central questions in the current global justice debate. The answer to this question must be based on some principle of justice that distributes rights and duties in the global sphere. This paper analyses

Distributive justice and infertility treatment in Canada.

Science.gov (United States)

Nisker, Jeff

2008-05-01

An exploration of distributive justice in Canadian infertility treatment requires the integration of ethical, clinical, and economic principles. In 1971, American philosopher John Rawls proposed a theoretical model for fair decision-making in which "rational" and "self-interested" citizens are behind a "veil of ignorance" with respect to both their own position and the position of other decision-makers. Rawls proposed that these self-interested decision-makers, fearing that they are among the least advantaged persons who could be affected by the decision, will agree only upon rules that encode equality of opportunity and that bestow the greatest benefit on the least advantaged citizens. Regarding health policy decision-making, Rawls' model is best illustrated by Canadian philosopher Warren Bourgeois in his panel of "volunteers." These rational and self-interested volunteers receive an amnestic drug that renders them unaware of their health, social, and financial position, but they know that they are representative of diverse spheres of citizens whose well-being will be affected by their decision. After describing fair decision-making, Bourgeois considers the lack of a distributive justice imperative in Canada's Assisted Human Reproduction Act, in contrast to legislation in European nations and Australia, summarizes the economic and clinical considerations that must be provided to the decision-makers behind the "veil of ignorance" for fair decisions to occur, and considers altruism in relation to equality of access. He concludes by noting that among countries with legislation governing assisted reproduction Canada is alone in having legislation that is void of distributive justice in providing access to clinically appropriate infertility care.

The Rights of Private Economic Actors Under the World Trade Organization Agreements in Indonesia

Directory of Open Access Journals (Sweden)

Intan Soeparna

2012-09-01

Full Text Available Nothing in the Uruguay Round mentions directly about rights of private economic actors. It seems that the relationship to private economic actors (or may be individual does not exist within the WTO Agreements, because as a general rule, private parties are not legal subjects of the international legal order. However, this article will prevail upon this situation, by looking closer at the essence of the WTO Agreements to discern the rights of private economic actors that derive from the WTO. The main question of this article is to what extent then Indonesia is dealing with the rights of private economic actors under the WTO Agreements? The background of this questionis because four years after ratifying the WTO Agreements, Indonesia has been facing what is arguably the most serious multidimensional crisis in 1997, some difficult situations have arisen from the crisis; therefore, the society hesitated to accept the open world trading system. The society seemed look askance to the implementation of the WTO Agreements. But Indonesian Government took major step to reduce the skepticism of society toward liberalization, by readjusting its national laws conform to the WTO Agreements with the intention to support the rights of national economic actors under the WTO Agreements in order to achieve total benefits of the WTO rules.

Northern Ireland in Transition: The Role of Justice

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Christian Mailhes

2005-03-01

Full Text Available All post-conflict societies switching to constitutional liberal democracies have to deal with their past through transitional justice mechanisms that offer to hear the victims, try the perpetrators of all types of abuses, introduce peace and reconciliation schemes. It is time for state and non-state organs to account for past crimes. Several countries have successfully tested such mechanisms. Northern Ireland is the ideal ground for transitional justice to operate but it dispels foreign tailor-made models. However, a number of major reforms and projects have addressed sensitive issues in the wake of the Good Friday Agreement. Two key institutions, the police and the criminal justice system, whose responsibility in the conflict was undeniable, have been reformed. Law and lawyers are concerned with these changes and the introduction of a Human Rights culture in Northern Ireland. A clear break with the past must be achieved for transitional justice mechanisms to work successfully.

Architectures of intergenerational justice : Human dignity, international law, and duties to future generations

NARCIS (Netherlands)

Riley, Stephen

2016-01-01

This article draws attention to the constitutive requirements of intergenerational justice and exposes the limitations of regulative arguments based on international human rights law. Intergenerational justice demands constraining the regulative freedom of the international community, and it is

Counseling psychology trainees' perceptions of training and commitments to social justice.

Science.gov (United States)

Beer, Amanda M; Spanierman, Lisa B; Greene, Jennifer C; Todd, Nathan R

2012-01-01

This mixed methods study examined social justice commitments of counseling psychology graduate trainees. In the quantitative portion of the study, a national sample of trainees (n = 260) completed a web-based survey assessing their commitments to social justice and related personal and training variables. Results suggested that students desired greater social justice training than what they experienced in their programs. In the qualitative portion, we used a phenomenological approach to expand and elaborate upon quantitative results. A subsample (n = 7) of trainees who identified as strong social justice activists were interviewed regarding their personal, professional, and training experiences. Eleven themes related to participants' meanings of and experiences with social justice emerged within 4 broad categories: nature of social justice, motivation for activism, role of training, and personal and professional integration. Thematic findings as well as descriptive statistics informed the selection and ordering of variables in a hierarchical regression analysis that examined predictors of social justice commitment. Results indicated that trainees' perceptions of training environment significantly predicted their social justice commitment over and above their general activist orientation and spirituality. Findings are discussed collectively, and implications for training and future research are provided. (c) 2012 APA, all rights reserved.

Predictors of justice system involvement: Maltreatment and education.

Science.gov (United States)

Robertson, Angela A; Walker, Courtney S

2018-02-01

Decades of research have established that experience of abuse and/or neglect in childhood is related to negative outcomes, such as juvenile delinquency. Existing research has shown that involvement in child welfare services is also related to juvenile delinquency, particularly for children who are victims of neglect. Research has also identified educational factors such as chronic absenteeism as significant predictors of involvement in the juvenile justice system. However, little research has investigated the combined influence of educational factors, child abuse, and involvement in child protective services on justice system involvement. The current study examined the influence of educational factors and involvement in child protective services on justice system involvement. The study utilized records from an educational database of children who attended a school within a county of Mississippi in any year from 2003 through 2013. Cases were then matched with records from the county Youth Court, Law Enforcement agencies, and Child Protection Services. A multivariate logistic regression controlling for gender, race, current age, and time at risk was conducted to involvement in the justice system. In general, educational factors were stronger predictors of justice system involvement than allegations of maltreatment. Copyright © 2017 Elsevier Ltd. All rights reserved.

EUROPEAN UNION SUPPORT AND TRANSITIONAL JUSTICE PROCESSES IN KOSOVO

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Remzije Istrefi

2017-12-01

Full Text Available The legacy of systematic human rights violations committed during 1999 violent conflict and the previous repressive rule still impact the everyday life of Kosovo citizens. That is why transitional justice processes are a necessary component in Kosovo’s state building efforts. With the end of the 1999 conflict, Kosovo has been administered by the United Nations Mission in Kosovo (UNMIK and also supported by European Union (EU presences: the EU Special Representative in Kosovo, and European Union Rule of Law Mission known as EULEX. In the course of implementation of their mandates transitional justice processes were not a priority for UNMIK and EU presences. With the signing of the Stabilization and Association Agreement (SAA the EU made transitional justice part of the Kosovo accession demands. In December 2015, the Government of Kosovo approved its National Action Plan for the Implementation of the Stabilization and Association Agreement (NAPISAA. The General Principles of the SAA, included within the NAPISAA oblige Kosovo Government to approve a National Transitional Justice Strategy. This paper analyses EU peace and institution-building support and their impact in transitional justice processes in Kosovo. Through analysing the mandate and actions on the ground it draws conclusions if EU is an active participant in transitional justice process in Kosovo or transitional justice policies are promoted by EU only as part of its enlargement strategy. Finally, the paper gives recommendations as a basis for future elaboration of an EU approach to transitional justice.

Arguments for the Normative Validity of Human Rights

DEFF Research Database (Denmark)

Pedersen, Esther Oluffa

2016-01-01

. The philosophical conceptions of law, justice and right stated by Hobbes and Rousseau and in the Declaration will be discussed in connection with two seminal criticisms. By excluding women from politics, Olympe de Gouge objected, the Declaration contradicted the universal understanding of human rights. Jeremy......The paper highlights clashes between different conceptions of right, law and justice crystalizing in the French Declaration of Human and Civic Rights from 1789 and the criticisms it aroused. Hobbes’ Leviathan (1651) and Rousseau’s Social Contract (1762) are discussed as important predecessors...... Bentham protested against the Declaration’s core idea of inalienable human rights....

Transition to a post-carbon society: Linking environmental justice and just transition discourses

International Nuclear Information System (INIS)

Evans, Geoff; Phelan, Liam

2016-01-01

The Hunter Valley, in New South Wales, Australia, is a globally significant coal mining and exporting region. The Hunter economy's strong basis in fossil fuel production and consumption is challenged by civil society campaigns employing environmental justice discourses. This paper analyses how two civil society campaigns in the Hunter region (‘Stop T4′ and 'Groundswell’) have countered the regional hegemony of fossil fuel interests from an environmental justice perspective. However, the discursive dominance of the 'jobs versus environment’ frame hinders efforts to build solidarity amongst local environmental justice goals on the one hand, and workers and union aspirations for secure, quality jobs on the other. Long-term structural decline of global coal markets adds pressure for economic transition. We argue that campaigns to open up possibilities for transition away from fossil fuel dependency to a post-carbon society can be strengthened by engaging with the 'just transition’ discourses that are typically associated with organised labour. Doing so can create synergy for social change by aligning community and labour movement interests. Inclusive social movement partnerships around this synergy must address structural disadvantage that creates social and economic insecurity if communities are to prevail over the fossil fuel sector's hegemony. - Highlights: • Jobs versus environment. • Environmental justice. • Just transition. • Counter-hegemonic forces.

Effects of organizational justice on depressive symptoms and sickness absence: a longitudinal perspective.

Science.gov (United States)

Ybema, Jan F; van den Bos, Kees

2010-05-01

A longitudinal three-wave study among a large representative sample of 1519 employees of various companies in The Netherlands examined how organizational justice (as measured by distributive and procedural justice) was related to depressive symptoms and sickness absence. It was predicted that perceived justice would contribute to lower depressive symptoms and sickness absence, whereas depressive symptoms and absenteeism in turn would contribute to lower perceptions of organizational justice. In line with the predictions, we found that both distributive and procedural justice contributed to lower depressive symptoms, and distributive justice contributed to lower sickness absence in the following year. With regard to reversed effects, sickness absence contributed to lower perceptions of distributive justice to some extent. Moreover, sickness absence was related to higher depressive symptoms a year later. This research shows the importance of justice in organizations as a means to enhance the wellbeing of people at work and to prevent absenteeism. Copyright (c) 2010 Elsevier Ltd. All rights reserved.

Human Rights, Economic Liberalism and Social Affairs in Post-Pinochet Chile

Directory of Open Access Journals (Sweden)

Gilberto Aranda Bustamante

2016-01-01

Full Text Available Abstract The Chilean democratisation process sought the international rehabilitation of a country in the declarative triad of human rights, democratic representation and economic liberalism. Since 1994, the country has reached greater prominence through economic diplomacy and the strategy of open regionalism, and with it the influence of business interest groups. This article holds that, additionally, the human rights movement gave the civilian governments a stamp of symbolic commitment to this issue that, at the turn of the century, led to Chile's active participation in multilateral forums on social inclusion. Additionally, with the turn of the century, the State opened spaces for the interaction of border social groups, particularly the ethnic groups, with which they had cultivated strong transnational dynamics.

Social Justice for Human Development

Science.gov (United States)

Jaramillo, Nathalia

2010-01-01

The topic of social justice in U.S. teacher education has a long and protracted history that harkens back to the civil rights movement of the mid-20th century, with its attendant legal rulings and constitutional amendments that sought to undo the legacy of discrimination against communities of color, women, and the poor. What is lost,…

Social Justice and the Global Economy: New Challenges for Social Work in the 21st Century

Science.gov (United States)

Polack, Robert J.

2004-01-01

The globalization of the economy creates new challenges for social work in the arenas of social and economic justice. This article outlines social justice issues related to the debt crisis of the Global South and sweatshops. A presentation of colonial precursors is followed by a detailed examination of these global institutions with an emphasis on…

Enhancing John Rawls's Theory of Justice to Cover Health and Social Determinants of Health.

Science.gov (United States)

Ekmekci, Perihan Elif; Arda, Berna

2015-11-01

The vast improvements in medical technology reviled the crucial role of social determinants of health for the etiology, prevalence and prognosis of diseases. This changed the content of the right to health concept from a demand of health services, to a claim of having access to all social determinants of health. Thus, the just allocation of scarce resources of health and social determinants of health became an issue of ethical theories. John Rawls developed a theory of justice. His theory suggests that the principles of justice should be determined by individuals in a hypothetic initial position. In the initial position, individuals agree on principles of justice. Rawls puts forth that the institutions of the society should be structured in compliance with these principles to reach a fair social system. Although Rawls did not justify right to health in his theory, the efforts to enlarge the theory to cover right to health flourished quite fast. In this paper first the basic components of Rawls theory is explained. Then the most outstanding approaches to enlarge his theory to cover right to health is introduced and discussed within the discourse of Rawls theory of justice.

RESTORATIVE JUSTICE DALAM SISTEM PERADILAN PIDANA ANAK / Restorative Justice In Juvenile Justice System

Directory of Open Access Journals (Sweden)

Randy Pradityo

2016-11-01

Full Text Available Anak sebagai generasi penerus bangsa sudah selayaknya mendapatkan perhatian khusus. Hal tersebut bertujuan dalam rangka pembinaan anak untuk mewujudkan sumber daya manusia yang berkualitas. Maka dari itu, diperlukan pula sarana dan prasarana hukum yang mengantisipasi segala permasalahan yang timbul. Sarana hukum ini bertujuan untuk mengantisipasi stigma atau cap jahat yang ditimbulkan ketika anak berhadapan dengan hukum, sekaligus memulihkan dan memasyarakatkan kembali anak tersebut. Salah satu solusinya adalah dengan mengalihkan atau menempatkan pelaku tindak pidana anak keluar dari sistem peradilan pidana serta memberikan alternatif bagi penyelesaian dengan pendekatan keadilan demi kepentingan terbaik bagi anak, yang kemudian dikenal dengan pendekatan restorative justice. Restorative justice yang merupakan implementasi konsep dari diversi telah dirumuskan dalam sistem peradilan pidana anak, namun sistem yang baik haruslah diiringi dengan suatu sikap yang dijiwai kehendak untuk memandang dan berkeyakinan bahwa dunia ini selalu menjadi lebih baik. Selain itu, hendaknya prinsip the best interest of the children selalu diutamakan ketika menangani anak yang berhadapan dengan hukum.   Children as the nation's next generation is already deserve special attention. It aims in order to develop the child to realize the quality of human resources. Therefore, it is also necessary legal infrastructure to anticipate any problems that arise. The legal means to anticipate stigma or stamp evil inflicted when the child against the law, as well as restoring and re-socialize the child. One solution is to divert or placing the offender children out of the criminal justice system as well as providing an alternative to the settlement with justice approach in the best interests of the child, who was then known as restorative justice approach. Restorative justice which is the implementation of the concept of diversion has been formulated in the juvenile justice system

Farm labor, reproductive justice: Migrant women farmworkers in the US.

Science.gov (United States)

Galarneau, Charlene

2013-06-12

Little is known about the reproductive health of women migrant farmworkers in the US. The health and rights of these workers are advanced by fundamental human rights principles that are sometimes conceptually and operationally siloed into three approaches: reproductive health, reproductive rights, and reproductive justice. I focus on the latter framework, as it lends critical attention to the structural oppression central to poor reproductive health, as well as to the agency of communities organizing and leading efforts to improve their health. I review what is known about these women's reproductive health; identify three realms of reproduction oppression affecting their reproductive health: labor/occupational conditions, health care, and social relations involving race, immigration and fertility; and then highlight some current efforts at women farmworker-directed change. Finally, I make several analytical observations that suggest the importance of the reproductive justice framework to broader discussions of migrant worker justice and its role in realizing their right to health. Copyright © 2013 Galarneau. This is an open access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/), which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original author and source are credited.

Social Change: Toward an Informed and Critical Understanding of Social Justice and the Capabilities Approach in Community Psychology.

Science.gov (United States)

Munger, Felix; MacLeod, Tim; Loomis, Colleen

2016-03-01

Community psychology has long been concerned with social justice. However, deployments of this term are often vague and undertheorized. To address this weakness in the field's knowledge body we explored John Rawls's theory of social justice and Amartya Sen's economic theory of the capabilities approach and evaluated each for its applicability to community psychology theory, research, and action. Our unpacking of the philosophical and political underpinnings of Rawlsian theory of social justice resulted in identifying characteristics that limit the theory's utility in community psychology, particularly in its implications for action. Our analysis of the capability approach proposed by Amartya Sen revealed a framework that operationalizes social justice in both research and action, and we elaborate on this point. Going beyond benefits to community psychology in adopting the capabilities approach, we posit a bi-directional relationship and discuss how community psychology might also contribute to the capabilities approach. We conclude by suggesting that community psychology could benefit from a manifesto or proclamation that provides a historical background of social justice and critiques the focus on the economic, sociological, and philosophical theories that inform present-day conceptualizations (and lack thereof) of social justice for community psychology. © Society for Community Research and Action 2016.

Chiropractic and social justice: a view from the perspective of Beauchamp's principles.

Science.gov (United States)

Green, Bart N; Johnson, Claire

2010-01-01

Social justice in public health involves the process and product of a community acting to fairly distribute advantages and burdens to improve the health of its population and to reasonably take care of the disadvantaged. Although publications are available about chiropractic public health history, programs, and policy, the potential role of chiropractic in social justice has received little attention. This article discusses Beauchamp's 4 principles of social justice and suggests actions that the chiropractic profession may consider to participate in the practice of social justice in the field of public health. Copyright 2010 National University of Health Sciences. Published by Mosby, Inc. All rights reserved.

The imperatives of economic, social and cultural rights in the ...

African Journals Online (AJOL)

Economic, social and cultural rights remain the bedrock of good governance, which is a prerequisite for sustainable democracy. The obligations of any democratic government are founded on this principle. The desideratum for the recognition of any government as civilized and responsive is its respect for the ...

Social Justice in Music Education: The Problematic of Democracy

Science.gov (United States)

Gould, Elizabeth

2007-01-01

While social justice concerns of feminist research in music education have been mostly ignored or rejected by the profession, democracy based on paternalist Enlightenment concepts of humanism and liberalism is generally understood and accepted with little or no consideration of its social and economic implications. More nuanced accounts refer to…

The challenges faced by the Constitutional Court of Lithuania during the global economic crisis

Directory of Open Access Journals (Sweden)

Birmontienė Toma

2015-01-01

Full Text Available The Constitutional Court of the Republic of Lithuania is forming a broad and distinctive doctrine on the possibility of limitation of social rights during an economic crisis. This doctrine is inter alia grounded upon the imperatives of a state under the rule of law, equality of rights, justice, proportionality, protection of legitimate expectations, social solidarity, the constitutional concept of the state budget and other constitutional imperatives. The Constitutional Court has also formulated certain general principles which must be followed when in a situation of an economic crisis the legislator may adopt decisions on reduction of social rights guarantees. This doctrine is also influenced by international law, inter alia the law of the European Convention on Human Rights. While considering the cases related to implementation of social rights, the Constitutional Court also takes account of the case-law of the constitutional courts of other states.

Indecopi’s bureaucratic barriers control and economic fundamental rights guardianship

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César Ochoa Cardich

2013-12-01

Full Text Available This study analyzes the guardianship role on entrepreneurial freedom fundamental rights, non- discrimination in economic and property aspects exerted by the Elimination of Bureaucratic Barriers Commission from the National Institute for the Defense of Competition and IntellectualProperty (Indecopi developed throughout resolutions and administrative cases set up by the Defense of Competition Chamber #1. This role is particularly relevant in our legal system, due to their special functions the Elimination of Bureaucratic Barriers Commission is entitled by legal mandate to establish the non- application of rules in specific cases exercising legal control. This administrative function- initially misunderstood-has proved to be an efficient tool for the guardianship of economic rights due to our judicial system ineffectiveness in contentious administrative matters. The author considers the possibility of making a constitutional reform in order to provide specialized administrative bodies, such as INDECOPI, with the quality of “primary administrative jurisdiction” whose resolutions will only be reviewed by the State Council jurisdiction.

Justice and Negotiation.

Science.gov (United States)

Druckman, Daniel; Wagner, Lynn M

2016-01-01

This review article examines the literature regarding the role played by principles of justice in negotiation. Laboratory experiments and high-stakes negotiations reveal that justice is a complex concept, both in relation to attaining just outcomes and to establishing just processes. We focus on how justice preferences guide the process and outcome of negotiated exchanges. Focusing primarily on the two types of principles that have received the most attention, distributive justice (outcomes of negotiation) and procedural justice (process of negotiation), we introduce the topic by reviewing the most relevant experimental and field or archival research on the roles played by these justice principles in negotiation. A discussion of the methods used in these studies precedes a review organized in terms of a framework that highlights the concept of negotiating stages. We also develop hypotheses based on the existing literature to point the way forward for further research on this topic.

"Frayed All Over:" the Causes and Consequences of Activist Burnout among Social Justice Education Activists

Science.gov (United States)

Gorski, Paul C.; Chen, Cher

2015-01-01

Despite the growing body of scholarship on burnout among social justice activists who are working on a variety of issues, from labor rights to queer justice, little attention has been paid to burnout among those whose activism focuses on issues of educational justice. To begin to address this omission and understand what supports might help social…

The Permanent Court of International Justice and the International Rights of Groups and Individuals

NARCIS (Netherlands)

Brölmann, C.

2012-01-01

The Permanent Court of International Justice was established in a period in which the position of the State as the natural form of political organization had come under pressure, among others, in academic-legal circles. It was also the period in which international-legal concern for groups within

Renewable, ethical? Assessing the energy justice potential of renewable electricity

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Aparajita Banerjee

2017-08-01

Full Text Available Energy justice is increasingly being used as a framework to conceptualize the impacts of energy decision making in more holistic ways and to consider the social implications in terms of existing ethical values. Similarly, renewable energy technologies are increasingly being promoted for their environmental and social benefits. However, little work has been done to systematically examine the extent to which, in what ways and in what contexts, renewable energy technologies can contribute to achieving energy justice. This paper assesses the potential of renewable electricity technologies to address energy justice in various global contexts via a systematic review of existing studies analyzed in terms of the principles and dimensions of energy justice. Based on publications including peer reviewed academic literature, books, and in some cases reports by government or international organizations, we assess renewable electricity technologies in both grid integrated and off-grid use contexts. We conduct our investigation through the rubric of the affirmative and prohibitive principles of energy justice and in terms of its temporal, geographic, socio-political, economic, and technological dimensions. Renewable electricity technology development has and continue to have different impacts in different social contexts, and by considering the different impacts explicitly across global contexts, including differences between rural and urban contexts, this paper contributes to identifying and understanding how, in what ways, and in what particular conditions and circumstances renewable electricity technologies may correspond with or work to promote energy justice.

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.

Social Justice and Media. Media Corner.

Science.gov (United States)

Braun, Joseph A., III, Ed.

1994-01-01

Contends that the end of slavery, women's suffrage, and the civil rights movement were watershed events of social justice in U.S. history. Provides reviews of two media-based sets of instructional materials that can help students understand the struggle by disenfranchised groups to become full participants in society. (CFR)

THE IMPORTANCE OF LAW AND ECONOMICS IN THE CONTEMPORARY ECONOMIC REALITY

OpenAIRE

Pomaskow, Joanna

2015-01-01

The law and economics movement can improve the functioning of companies doing business in the contemporary, rapidly changing, reality. The tensions between the idea of efficiency and the idea of justice cause difficulties in the application of tools which are proposed by the representatives of the law and economics movement in legal solutions. Economics proposes a new, fresh look at the law, which makes it easier to assess and influence the growth of its transparency. Perspective can therefor...

Justice seems not to be for all: Exploring the scope of justice

OpenAIRE

Lima-Nunes, Aline; Pereira, Cícero Roberto; Correia, Isabel

2013-01-01

The idea that “justice is for everyone” seems to be over. A justice perception can have unfair consequences for those who are perceived not to be included within the boundaries of fairness. This is what the scope of justice is all about: who is within and who is outside of the “justice boundaries”. This paper intends to clarify the concept and explain how social psychologists work with it in real-life contexts. We argue that the scope of justice is a key concept that helps us to understand a ...

New jurisdiction of the European Court of Justice in resolving monetary and fiscal disputes

Directory of Open Access Journals (Sweden)

Dimitrijević Marko

2016-01-01

Full Text Available The global financial crisis has caused the need for a stronger positioning of the European Court of Justice in the new model of economic governance in the European Union. The Jurisdiction of the European Court of Justice contributes in creating the optimal legal control mechanism of budget spending in the European monetary law and ensure maintenance of euro-zone fiscal framework. The role of the European Court of Justice in the EMU in earlier periods was secondary, but in times of crisis, it points to the growing need of Jurisdiction's extending in the field of monetary relations between member states and respect of convergence rules. Court's Jurisdiction in resolving of monetary and fiscal disputes is increasingly implemented in determining the legal nature of international agreements, whose ratio is economic stability, where the Judgments regarding complementarities of these legal documents with primary law provisions have the crucial impact on the future direction of national fiscal policies coordination. Although, the Court's Jurisdiction in this area is still underdeveloped and Judgments are often conditioned by pragmatism reasons, by development of credible macroeconomic dialogue between Court of Justice, European Central Bank and European Court of Auditors may establish conditions for fullfiling legal gaps in the performance of monetary and fiscal Jurisdiction of the Court.

Social justice, health disparities, and culture in the care of the elderly.

Science.gov (United States)

Dilworth-Anderson, Peggye; Pierre, Geraldine; Hilliard, Tandrea S

2012-01-01

Older minority Americans experience worse health outcomes than their white counterparts, exhibiting the need for social justice in all areas of their health care. Justice, fairness, and equity are crucial to minimizing conditions that adversely affect the health of individuals and communities. In this paper, Alzheimer's disease (AD) is used as an example of a health care disparity among elderly Americans that requires social justice interventions. Cultural factors play a crucial role in AD screening, diagnosis, and access to care, and are often a barrier to support and equality for minority communities. The "conundrum of health disparities" refers to the interplay between disparity, social justice, and cultural interpretation, and encourages researchers to understand both (1) disparity caused by economic and structural barriers to access, treatment, and diagnosis, and (2) disparity due to cultural interpretation of disease, in order to effectively address health care issues and concerns among elderly Americans. © 2012 American Society of Law, Medicine & Ethics, Inc.

Justice delayed is justice denied: Protecting Miners against ...

African Journals Online (AJOL)

Justice delayed is justice denied: Protecting Miners against Occupational ... of section 35 of Compensation for Occupational Injuries and Diseases Act 130 of ... of the Mankayi case for the system of occupational health and safety in South Africa. ... KEYWORDS: Occupational health; diseases; injuries; employees; protection; ...

The Relationship between Property Rights and Economic Growth: an Analysis of OECD and EU Countries

Directory of Open Access Journals (Sweden)

Haydaroğlu Ceyhun

2015-12-01

Full Text Available In recent years, institutions and institutional structure have become some of the most popular concepts analyzed by economics theory. New growth theories have especially focused on the effects of institutions and institutional structure on a macro level. Property rights are one of the most important elements of this institutional structure. The relationship between property rights and economic growth have drawn the attention of many researchers and policymakers in recent years. The aim of this study, covering the period 2007–2014, is to examine the relationship between property rights and economic growth with the help of PARDL in OECD and EU countries. According to the result of a bounds test, there is cointegration between the variables. The long- and short-term relationships between series were determined and the results taken from the analysis show that there is a positive effect on economic growth in those countries.

Justice and the Missional Framework Document of the Dutch Reformed Church

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Jaco Botha

2017-01-01

Full Text Available This article engages with the Missional Framework Document of the Dutch Reformed Church (DRC from the perspectives of solidarity with the poor and justice for South African society. The democratic South Africa continues to face significant socio-economic problems and an increasingly dissatisfied population. In the light of this, the article presents an introductory conversation with the Missional Framework Document in order to ask whether it offers an adequate response to South Africa�s current contextual challenges. The lens through which this article will engage the Framework Document is the theological paradigm of justice, specifically the theory of justice presented by Nicholas Wolterstorff as well as some important contributions from contemporary South African scholars who advocate for a theology from the margins of society. It is contended that the DRC remains a predominantly white middle-class church. This social, economic and political location has an impact on the missional theology of the church as expressed in the Framework Document. Hence, we engage with the Missional Theology of the DRC by means of a paradigm that operates from the �underside� or the economic, political and social �margins� of South African society. We argue that any missional theology aimed at furthering God�s Kingdom in South Africa at present must develop in community with the marginalised majority of the nation. The critical engagement with the Framework Document will be done by sketching a theological landscape where current contextual realities are brought into relief against a kairos moment on which the efficacy of this church�s mission, indeed its public work and witness, is being called into question.Intradisciplinary and/or interdisciplinary implications: This interdisciplinary study in Systematic Theology and Ethics engages the missional theology found in the Missional Framework Document of the Dutch Reformed Church. Methodologically, the

Investigating the Rights of Youths. Students in Action.

Science.gov (United States)

Insights on Law & Society, 2002

2002-01-01

Focuses on the rights of youth in three articles: (1) "Equal Justice? Girls in the Juvenile Justice System"; (2) "Child Labor: An International Challenge"; and (3) "Should Minors Have Access to Violent Video Games?" Includes learning activities at the end of each article. (CMK)

Danish Mortgage Finance, Property Rights Protection and Economic Development

DEFF Research Database (Denmark)

Haldrup, Karin

of screening methods for assessing the readiness for such transplantation depends on a deeper understanding of three large domains: A) Mortgage Finance, B) Cadastre and Land Registration; and C) Economic Development; and the interrelations between these three areas. In particular the thesis has focused...... formal property rights regimes and real credit with implications for development strategies. The PhD was co-sponsored by VP Securities A/S, www.vp.dk...

Arguments for the Normative Validity of Human Rights. Philosophical Predecessors and Contemporary Criticisms of the 1789 French Declaration of Human and Civic Rights

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Esther Oluffa Pedersen

2016-11-01

Full Text Available The paper highlights clashes between different conceptions of right, law and justice crystalizing in the French Declaration of Human and Civic Rights from 1789 and the criticisms it aroused. Hobbes’ Leviathan (1651 and Rousseau’s Social Contract (1762 are discussed as important predecessors. The philosophical conceptions of law, justice and right stated by Hobbes and Rousseau and in the Declaration will be discussed in connection with two seminal criticisms. By excluding women from politics, Olympe de Gouge objected, the Declaration contradicted the universal understanding of human rights. Jeremy Bentham protested against the Declaration’s core idea of inalienable human rights.

Co-workers' Justice Judgments, own Justice Judgments and Employee Commitment: A multi-foci approach

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Florence Stinglhamber

2008-06-01

Full Text Available Using a sample of 212 employees, we conducted a study to examine whether employees use their co-workers' fairness perceptions to generate their own justice judgments and to develop their subsequent affective commitment. The conceptual framework used to investigate these linkages is social exchange theory combined with a multiple foci approach. Results of the structural equation modeling analyses revealed that co-workers' procedural justice judgments strengthened employee's own procedural justice judgments, which in turn influenced their affective commitment to the organisation. Similarly, co-workers' interactional justice judgments increased employee's own interactional justice judgments, which in turn impacted on their affective commitment to both the supervisor and the organisation. As a whole, findings suggest that coworkers' justice judgments strengthened employee's affective attachments toward the justice sources by reinforcing employee's own justice perceptions.

Islamic Political Thought between Justice Value and the State Structure

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Ahmed As-Sirri

2013-06-01

Full Text Available The paper discusses the relationship between state structure and the implementing of justice in the Islamic society. The shift from caliphate system to the system of royal system starting from the Umayyad Dynasty (41-132 AH / 661-750 AD made the issue of social justice highly urgent. The main question discussed was : Is there a relationship between state structure and achieving social justice? To answer this question the paper reviews the relationship between religious authorities and political authorities in the main periods of Islamic history. Based on these relations as well as the intellectual product known as the “Heritage of Islamic Political Thought”, we concluded that the classical structure of Islamic state didn’t assure the implementing of justice. In light of the forgoing idea we could also conclude that the political islamic thought used today in context of “Arab spring” does not support the aspirations of building a modern state that assures the implementing of justice as well as variety of social, cultural and political rights.

What transitional justice in Zimbabwe? Women of Zimbabwe Arise ...

African Journals Online (AJOL)

Mary Ndlovu is a social justice and human rights activist with a background in education. Originally from Canada, she married a Zimbabwean nationalist in exile in Zambia and since returning with him to Bulawayo in 1980 has lived there, working in teacher education and the legal and human rights NGO sector.

Critical discourse analysis of social justice in nursing's foundational documents.

Science.gov (United States)

Valderama-Wallace, Claire P

2017-07-01

Social inequities threaten the health of the global population. A superficial acknowledgement of social justice by nursing's foundational documents may limit the degree to which nurses view injustice as relevant to nursing practice and education. The purpose was to examine conceptualizations of social justice and connections to broader contexts in the most recent editions. Critical discourse analysis examines and uncovers dynamics related to power, language, and inequality within the American Nurses Association's Code of Ethics, Scope and Standards of Practice, and Social Policy Statement. This analysis found ongoing inconsistencies in conceptualizations of social justice. Although the Code of Ethics integrates concepts related to social justice far more than the other two, tension between professionalism and social change emerges. The discourse of professionalism renders interrelated cultural, social, economic, historical, and political contexts nearly invisible. Greater consistency would provide a clearer path for nurses to mobilize and engage in the courageous work necessary to address social injustice. These findings also call for an examination of how nurses can critique and use the power and privilege of professionalism to amplify the connection between social institutions and health equity in nursing education, practice, and policy development. © 2017 Wiley Periodicals, Inc.

Mental health services costs within the Alberta criminal justice system.

Science.gov (United States)

Jacobs, Philip; Moffatt, Jessica; Dewa, Carolyn S; Nguyen, Thanh; Zhang, Ting; Lesage, Alain

2016-01-01

Mental illness has been widely cited as a driver of costs in the criminal justice system. The objective of this paper is to estimate the additional mental health service costs incurred within the criminal justice system that are incurred because of people with mental illnesses who go through the system. Our focus is on costs in Alberta. We set up a model of the flow of all persons through the criminal justice system, including police, court, and corrections components, and for mental health diversion, review, and forensic services. We estimate the transitional probabilities and costs that accrue as persons who have been charged move through the system. Costs are estimated for the Alberta criminal justice system as a whole, and for the mental illness component. Public expenditures for each person diverted or charged in Alberta in the criminal justice system, including mental health costs, were $16,138. The 95% range of this estimate was from $14,530 to $19,580. Of these costs, 87% were for criminal justice services and 13% were for mental illness-related services. Hospitalization for people with mental illness who were reviewed represented the greatest additional cost associated with mental illnesses. Treatment costs stemming from mental illnesses directly add about 13% onto those in the criminal justice system. Copyright © 2016 Elsevier Ltd. All rights reserved.

Social Justice and the Environmental Commons.

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Flanagan, Constance A; Byington, Rachel; Gallay, Erin; Sambo, Allison

2016-01-01

In this chapter, we build on the scholarship on youth civic engagement by turning attention to the environmental commons as a space for political action. We begin with a definition of the term and arguments about ways that social justice is implied in it. Following that, we raise several psychological challenges to motivating action on behalf of the environmental commons and discuss the critical experiences and actions that can defy those challenges. Finally, drawing from Ostrom's empirical evidence opposing a tragedy of the commons, we discuss practices consistent with a social justice approach that nurture in younger generations an identification with and commitment to the environmental commons and discuss how this orientation would benefit human beings, democracies, and the earth. © 2016 Elsevier Inc. All rights reserved.

On Students' Rights, an "Originalist" Stands Firm

Science.gov (United States)

Walsh, Mark

2011-01-01

The author reports on how U.S. Supreme Court Justice Clarence Thomas' opinions in youths'-rights cases reflect his "originalist" thinking. Justice Thomas, 63, marks two decades on the court Oct. 23, and a hallmark of his tenure is his willingness to carve out a solitary stance on certain issues. Particularly in cases involving schools…

No longer in suspense: Clarifying the Human Rights Jurisdiction of the SADC Tribunal

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Moses R Phooko

2015-12-01

Full Text Available The Southern African Development Community Tribunal's (SADC Tribunal decision in the matter of Mike Campbell (Pvt Ltd v Republic of Zimbabwe 2008 SADCT 2 (28 November 2008 demonstrated its ability to utilise the principles contained in the Treaty of the Southern African Development Community when it ruled that it had the power and competency to adjudicate over a human rights case. The aforesaid decision was hailed by many scholars as a progressive judgment in the SADC region that would promote the rule of law and ensure that member states respected their treaty obligations in their own territories. Unfortunately, the same judgment resulted in the suspension of the SADC Tribunal in 2010 because it had purportedly acted beyond its mandate when it adjudicated over a case concerning a human rights dispute. This article investigates whether the SADC Tribunal had jurisdiction to deal with cases involving allegations of human rights violations. In addressing this question, this article will discuss the powers (implied and tacit of international organisations as understood within international law. In addition, the study will ascertain how the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia have dealt with cases that involved disputes concerning a tribunal or an international organisation that was said to have acted beyond its mandate. The study will also make reference to the East African Court of Justice and the Economic Community of West African States Court of Justice as they have also dealt with implied powers when they were confronted with cases concerning human rights abuses. Certain decisions of the SADC Summit of Heads of States or Government (Summit and the Council of Ministers whose roles include the control of functions and/or overseeing the functioning of the SADC will also be referred to in this study.

How discrimination and perspective-taking influence adolescents' attitudes about justice.

Science.gov (United States)

Rasmussen, Hannah F; Ramos, Michelle C; Han, Sohyun C; Pettit, Corey; Margolin, Gayla

2018-01-01

Little is known about factors influencing adolescents' justice attitudes. This online study investigates perspective-taking and experiences with discrimination for their associations with adolescents' beliefs about how justice is best served. Participants included 179 ethnically/racially diverse high school students (M age  = 16.67 years; SD = 1.02). Higher perspective-taking was associated with less punitive and more restorative attitudes. Youth reporting more personal and ethnic/racial discrimination experiences endorsed more restorative justice attitudes. Perspective-taking also moderated the associations between reports of family, personal, and religious discrimination and punitive justice attitudes: adolescents reporting higher discrimination showed a stronger inverse relationship between perspective-taking and punitive attitudes. Findings have implications for school and community programs aiming to implement restorative policies, and for adolescents' civic participation. Copyright © 2017 The Foundation for Professionals in Services for Adolescents. Published by Elsevier Ltd. All rights reserved.

The right to be forgotten

DEFF Research Database (Denmark)

Jones, Meg Leta; Zeide, Elana; Mai, Jens Erik

2015-01-01

The right to be forgotten gained international attention in May 2014, when the European Court of Justice ruled that Google was obligated to recognize European citizens’ data protection rights to address inadequate, irrelevant, or excessive personal information. As of April 14, 2015, Google receiv...

India's New Mandate against Economic Apartheid in Schools Right to Education>

OpenAIRE

Juneja, Nalini

2014-01-01

In most countries, children attend the common neighbourhood school, especially at the compulsory stage. In India however, in keeping with its highly stratified and hierarchically oriented society, schools and parents in India tend to choose each other based largely on socio-economic criteria. India’s new law on right to education attempts to put an end to this socio economic segregation by mandating the admission and free education of children from economically weaker sections in all private ...

The Materialist Circuits and the Quest for Environmental Justice in ICT’s Global Expansion

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Sibo Chen

2016-02-01

Full Text Available This article builds on and contributes to research on the material impacts of Information and Communication Technology and Consumer Electronics (ICT/CE by proposing a holistic framework addressing labour exploitation and environmental destruction in the production, consumption, and disposal of digital devices. Although the emerging media scholarship on digital labour have critically analyzed the material impacts of ICT/CE in terms of labour issues emerged from the production and consumption stages, relatively little research attention has been paid to the end-of-life issues of digital devices and other environmental issues caused by the ICT industry’s global expansion. Based upon previous research on digital labour, environmental management and ecological justice, this article proposes a political economic understanding of the environmental dimension of the ICT industry and how it has contributed to the escalation of environmental crisis and social injustice in developing coun-tries, especially in terms of the urging situation of the global e-waste challenge. The article argues that the critical standpoints taken by political economy of communication and environmental justice re-search provide valuable and promising theoretical connections between labour activism and ecological struggles; and future inquiries on digital economy, in this regard, should combine both perspectives, pay more attention to the enormous social and ecological tensions in the Global South, and make explicit connections between the regressions in labour rights and global environmental justice and ICT’s aggressive and unsustainable expansion.

A Democratic Framework for Educational Rights

Science.gov (United States)

Newman, Anne

2012-01-01

Educational theorists frequently invoke rights claims to express their views about educational justice and authority. But the unyielding nature of rights claims presents a significant quandary in democratic contexts, given the tension between rights claims and majoritarian democracy. Educational theorists have given limited attention to this…

General Principles of Transnationalised Criminal Justice?
Exploratory Reflections

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Marianne L. Wade

2013-09-01

Full Text Available This article sets out to explore the premise of general principles in what is labelled transnationalised criminal justice (encompassing the substantive and procedural law as well as the institutions of transnational criminal law and European criminal law. Whilst there can be no denying that these are diverse and divergent areas of law in many ways, their fundamental common denominator of seeking to convict individuals whilst subjecting these to arrest, detention and deprivation of other rights across borders, is taken as a baseline around which certain general principles may gravitate. The current state of executive over-reach within transnationalised criminal justice structures is studied, particularly in relation to the European criminal justice context. This over-reach is explored utilising the theoretical framework of social contract theory. It is suggested that the transfer of investigative and prosecutorial powers to transnationalised contexts undertaken by the relevant executives without seeking to temper this assignment with mechanisms to secure the rights of individuals which counter-balance these, as required by the constitutional traditions of their country, can be regarded as in breach of the social contract. Using this thought experiment, this article provides a framework with which to identify the deficits of transnationalised criminal law.  The way in which such deficits undermine the legitimacy of the institutions created by states to operate the mechanisms of transnationalised criminal justice as well as the fundamental values of their own constitutions is, however, demonstrated as concrete. The latter are identified as mechanisms for deducing the general principles of transnationalised criminal justice (albeit via difficult international negotiation. If the supranationalisation of criminal justice powers is not to be regarded as a tool undermining constitutional values and effectively allowing executives acting in an

A Critique of the Theories of Global Justice: Realism, Rawls, Habermas and Pogge

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Francisco Cortés Rodas

2010-04-01

Full Text Available This paper discusses some of the proposals raised within the contemporary debate about normative models for a new international order. In the first part, the argumentative strategies of political realism, of John Rawls’ liberalism and of Jürgen Habermas’ deliberative model are presented. These authors’ objections to the cosmopolitan idea of a transformation in the international order based on the demands for global economic justice are debated. In the last part, the text shows that the proposal f global justice presented by Thomas Pogge is insufficient because, although it shows the implication of the global economic order in the increase of poverty and formulates a global redistributive proposal, it does not consider the problem of the transformation of the prevailing system of power relations within the current capitalist order.

Geographies of justice: preschool-childcare provision and the conceptualisation of social justice

OpenAIRE

S L Holloway

1998-01-01

During the 1990s geographers of diverse philosophical orientations have shown a renewed interest in questions of justice. The author draws on empirical work on childcare provision in Sheffield, England, in order to evaluate two different approaches to the geography of justice and hence the theories of social justice which lie behind these; in particular she explores the different geographies of childcare produced by the territorial-justice approach, which is based on a liberal conception of s...

The role of the courts in the justiciability of socio-economic rights in ...

African Journals Online (AJOL)

While some countries like South Africa, Kenya and Zimbabwe have constitutionally guaranteed socio-economic rights, in some other jurisdictions like India and Nigeria, they are termed fundamental objectives and directive principles of state policy as opposed to justiciable rights. However, the Indian Supreme Court has ...

Environmental justice at the Savannah River Site

International Nuclear Information System (INIS)

Flemming, R.; Hooker, K.L.

1995-01-01

Environmental justice is the conscious commitment to ensure that poor and/or minority communities are not disproportionately bearing adverse human health and environmental effects from the production, processing, or disposal of hazardous or toxic waste. To focus federal attention on assessing the environmental and human health conditions in minority and/or low-income communities surrounding federal facilities, on February 11, 1994, President Clinton signed Executive Order (EO) 12898. As part of the strategy to comply with EO 12898, the President required all federal agencies to develop localized strategies to ensure that their programs and policies are consistent with EO 12898. This would incorporate mechanisms for increasing public participation opportunities for involvement in the decision making, easier access to information, and the collection and analysis of economic, demographic, and food consumption data in surrounding communities. The U.S. Department of Energy (DOE) responded by issuing its Environmental Justice Strategy 2 (April 1995), although many of its field offices had been actively implementing activities in support of the executive order since its issuance. One DOE facility, the Savannah River Site (SRS), which is located in west central South Carolina, is making great strides toward implementing a successful public participation program, which includes environmental justice initiatives

Justice at the millennium: a meta-analytic review of 25 years of organizational justice research.

Science.gov (United States)

Colquitt, J A; Conlon, D E; Wesson, M J; Porter, C O; Ng, K Y

2001-06-01

The field of organizational justice continues to be marked by several important research questions, including the size of relationships among justice dimensions, the relative importance of different justice criteria, and the unique effects of justice dimensions on key outcomes. To address such questions, the authors conducted a meta-analytic review of 183 justice studies. The results suggest that although different justice dimensions are moderately to highly related, they contribute incremental variance explained in fairness perceptions. The results also illustrate the overall and unique relationships among distributive, procedural, interpersonal, and informational justice and several organizational outcomes (e.g., job satisfaction, organizational commitment, evaluation of authority, organizational citizenship behavior, withdrawal, performance). These findings are reviewed in terms of their implications for future research on organizational justice.

Who Cares about Unions? Ethical Support for Labor as a Matter of Social Justice.

Science.gov (United States)

Zweig, Michael

1994-01-01

Labor law reform centers on competitiveness considerations rather than ethics. A social justice perspective suggests religious arguments (dignity of work, accountability) and economic arguments (fairness, democracy) for changing labor law. (SK)

Unaccompanied minor refugees and the protection of their socio-economic rights under human rights law

OpenAIRE

Swart, Sarah

2009-01-01

This paper reflects the results of a study, the main objective of which was to investigate the practical treatment of unaccompanied minor refugees in Ghana and South Africa, and to explore whether such treatment is in accordance with existing international norms and standards for the protection of refugee children. The study focused on the realisation of children's socio-economic rights in order to measure treatment. The paper seeks to address the obstacles which prevent the proper treatment ...

From distributive to procedural justice. Justice as a constitutive value of public administration

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Antonio SANDU

2016-07-01

Full Text Available The justice as an ethical value can be considered constitutive for contemporary administrative systems. These ones are asked to transpose into practice the ideal of justice in the community. The functioning of a modern state cannot be conceived without a series of institutions that would guarantee the achievement of justice. The legal system was established specifically to administer justice. Modern democratic systems felt the need for certain courts and extrajudicial procedures to create justice. The institutions required to implement the extrajudicial distribution of justice are part of the public administration, representing a central element of it. The model of a political system based on justice is a minimalist one; the role of the state is limited to making it possible for individuals to follow their own ideal of welfare. Opposed to justice, the ideal of welfare requests the state, and implicitly the administration, to ensure the individual the minimum conditions to live in that community. The minimal state centered on justice is the result of a modern paradigm with post-Kantian reverberations, which emphasize the rationality of human action. If the individual is rational, he only needs fair conditions in order to pursue his own welfare. The role of the administration is to ensure those conditions and to oversee the distribution of goods and services, as well as the distribution and redistribution of added value.

CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE

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R. Perlingeiro

2016-01-01

Full Text Available This study consists of a critical comparative analysis of the administrative justice systems in eighteen Latin-American signatory countries of the American Convention on Human Rights (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, El Salvador, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Uruguay, and Venezuela. According to this article, the excessive litigation in Latin-American courts that has seriously hampered the effectiveness of the administrative justice systems may be explained as follows: as former Iberian colonies, the aforementioned countries have a Continental European legal culture originating in civil law but nevertheless have improperly integrated certain aspects of the unified judicial system (generalized courts typical of administrative law in common-law countries. This situation, according to the author, could be rectified through strengthening the public administrative authorities with respect to their dispute-resolution and purely executive functions by endowing them with prerogatives to act independently and impartially, oriented by the principle of legality understood in the sense of supremacy of fundamental rights, in light of the doctrine of diffuse conventionality control adopted by the InterAmerican Court of Human Rights.

Environmental justice: a criminological perspective

Science.gov (United States)

Lynch, Michael J.; Stretesky, Paul B.; Long, Michael A.

2015-08-01

This article examines studies related to environmental justice in the criminological literature and from a criminological perspective. Criminologists have long been concerned with injustices in the criminal justice system related to the enforcement of criminal law. In the 1990s, following the emergence of green criminology, a handful of criminologists have drawn attention to environmental justice as an extension of more traditional criminological studies of justice and injustice. Relevant criminological studies of environmental justice are reviewed, and suggestions for future environmental justice research are offered.

Justice and medical ethics.

Science.gov (United States)

Gillon, R

1985-07-20

Justice, in the sense of fair adjudication between conflicting claims, is held to be relevant to a wide range of issues in medical ethics. Several differing concepts of justice are briefly described, including Aristotle's formal principle of justice, libertarian theories, utilitarian theories, Marxist theories, the theory of John Rawls, and the view--held, for example, by W.D. Ross--that justice is essentially a matter of reward for individual merit.

75 FR 13076 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

Science.gov (United States)

2010-03-18

... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and Its Enforcement of Section 11(b) of the Voting Rights Act AGENCY: United... Department of Justice's actions in the New Black Panther Party Litigation and enforcement of Section 11(b) of...

Proceduralism and its role in economic evaluation and priority setting in health.

Science.gov (United States)

Jan, Stephen

2014-05-01

This paper provides a critical overview of Gavin Mooney's proceduralist approach to economic evaluation and priority setting in health. Proceduralism is the notion that the social value attached to alternative courses of action should be determined not only by outcomes, but also processes. Mooney's brand of proceduralism was unique and couched within a broader critique of 'neo-liberal' economics. It operated on a number of levels. At the micro level of the individual program, he pioneered the notion that 'process utility' could be valued and measured within economic evaluation. At a macro level, he developed a framework in which the social objective of equity was defined by procedural justice in which communitarian values were used as the basis for judging how resources should be allocated across the health system. Finally, he applied the notion of procedural justice to further our understanding of the political economy of resource allocation; highlighting how fairness in decision making processes can overcome the sometimes intractable zero-sum resource allocation problem. In summary, his contributions to this field have set the stage for innovative programs of research to help in developing health policies and programs that are both in alignment with community values and implementable. Copyright © 2014 Elsevier Ltd. All rights reserved.

"They Lacked the Right Food": A Brief History of Breastfeeding and the Quest for Social Justice.

Science.gov (United States)

Wolf, Jacqueline H

2018-05-01

In the late 19th-century United States and Europe, infants died at high rates from diarrhea. Physicians and social justice advocates responded to the public health crisis with attempts to clean up the water and cows' milk supplies, as well as social welfare legislation and assorted educational efforts to help mothers better care for their children. Most visible among the educational efforts were breastfeeding campaigns. A century later in developing countries, physicians and activists were confronted with a similar problem-infants dying from diarrhea due to the unethical advertising and marketing practices of formula companies. I argue in this article that crusades for social justice at the most basic level-to ensure that children will live to adulthood-have long been connected with efforts to safeguard mothers' ability to adequately breastfeed their children.

Assessment of the Effects of Economic Sanctions on Iranians’ Right to Health by Using Human Rights Impact Assessment Tool: A Systematic Review

Science.gov (United States)

Kokabisaghi, Fatemeh

2018-01-01

Background: Over the years, economic sanctions have contributed to violation of right to health in target countries. Iran has been under comprehensive unilateral economic sanctions by groups of countries (not United Nations [UN]) in recent years. They have been intensified from 2012 because of international community’s uncertainty about peaceful purpose of Iran’s nuclear program and inadequacy of trust-building actions of this country. This review aimed to identify the humanitarian effects of the sanctions on the right of Iranians to health and the obligations of Iran and international community about it. Methods: To assess economic sanction policies and identify violated rights and the obligations of states according to international human rights laws, in this study, Human Rights Impact Assessments (HRIA) tool is used. Applying this tool requires collection of evidences regarding the situation of rights. To provide such evidence, a systematic review of literature which involved 55 papers retrieved from the web-based databases and official webpages of Iran’s government and UN’ health and human rights committees and organizations was done. All articles about the consequences of economic sanctions related to nuclear activities of Iran on welfare and health of Iranians published from January 2012 till February 2017 in English and Persian languages were included. Search terms were economic sanctions, embargoes, Iran, welfare, health and medicine. Additional studies were identified by cross checking the reference lists of accessed articles. All selected papers were abstracted and entered into a matrix describing study design and findings, and categorized into a framework of themes reflecting the areas covered (health and its determinants). According to HRIA framework, related obligations of Iran and other states about adverse effects of the sanctions on Iranians’ right to health were extracted. Results: The sanctions on Iran caused a fall of country�

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

Directory of Open Access Journals (Sweden)

Mohmed Alqahtani Faten

2018-01-01

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

The Space for Restorative Justice in the Ethiopian Criminal Justice System

Directory of Open Access Journals (Sweden)

Endalew Lijalem Enyew

2014-12-01

Full Text Available Restorative Justice (RJ is an alternative way of apprehending crime and justice which views crime as a violation of a relationship among victims, offenders and community, and which allows the active participation of the crime’s stakeholders. It has the objective of ‘putting right’ the wrong done, to restore the broken relationship and to reintegrate the offender back into society. The Ethiopian criminal justice system views crime primarily as a violation of the state’s criminal laws, either in the form of a commission or omission. It excludes the community from participation, and gives no opportunity to the victim to fully participate in the process. Nor is there a satisfactory legal procedure which enables the public prosecutor to adequately protect the victim’s interest. The focus of the public prosecutor is to have the accused convicted and punished, instead of encouraging them to take responsibility to undo the wrong they have committed. This article thus examines whether restorative justice has a place in the formal legal framework of the existing Ethiopian criminal justice system; and analyses the prospects for, and the challenges that may hinder, the implementation of restorative justice practice in this framework.

The rights of the medically uninsured: an analysis of social justice and disparate health outcomes.

Science.gov (United States)

Chandler, Michelle

2006-01-01

As technological advances in the United States continue to improve the effectiveness of medical interventions, expectations among Americans of both improved health and extended life expectancy have also increased. At the same time, many of the population continue to lack the insurance necessary to access even the most basic healthcare services (Institute of Medicine, 2004; Tunzi, 2004; Saha & Bindman, 2001). With approximately 18,000 avoidable deaths attributed annually to inadequate medical coverage and 43.6 million individuals currently without insurance benefits, the need to address the disparity in access to treatment and a means of social justice in the distribution of health care is all too clear (Crispen & Whalen, 2004). As a nation relying on market mechanisms to regulate the costs and quality of available health resources (Baldor, 2003; Saha&Bindman, 2001), the welfare of society as a whole may soon be threatened by the provision of marginal services to a select minority as increasing numbers of the uninsured continue to experience less favorable clinical outcomes and higher mortality rates (Tunzi, 2004; Litaker & Cebul, 2003; Jackson, 2001; Sox, Burstin, Edwards, O'Neil et al., 1998). The author will first examine the consequences of being among the growing number of uninsured individuals in the United States. Attention will then be given to exploring the social justice issues inherent in this critical problem and evaluating these issues through the perspective of both libertarian and feminist theory. Using these theories, innovative strategies for attaining distributive justice in the provision of health care will be offered with recommendations for utilizing these alternative approaches to develop and implement future health policy.

Organisational justice and change in justice as predictors of employee health: the Whitehall II study.

Science.gov (United States)

Kivimäki, Mika; Ferrie, Jane E; Head, Jenny; Shipley, Martin J; Vahtera, Jussi; Marmot, Michael G

2004-11-01

Organisational justice has been proposed as a new way to examine the impact of psychosocial work environment on employee health. This article studied the justice of interpersonal treatment by supervisors (the relational component of organisational justice) as a predictor of health. Prospective cohort study. Phase 1 (1985-88) measured relational justice, job demands, job control, social support at work, effort-reward imbalance, and self rated health. Relational justice was assessed again at phase 2 (1989-90) and self rated health at phase 2 and phase 3 (1991-93). 20 civil service departments originally located in London. 10 308 civil servants (6895 men, 3413 women) aged 35-55. Self rated health. Men exposed to low justice at phase 1 or adverse change in justice between phase 1 and phase 2 were at higher risk of poor health at phase 2 and phase 3. A favourable change in justice was associated with reduced risk. Adjustment for other stress indicators had little effect on results. In women, low justice at phase 1 predicted poor health at phase 2 and phase 3 before but not after adjustment for other stress indicators. Adverse change in justice was associated with worse health prospects irrespective of adjustments. The extent to which people are treated with justice in workplaces seems to predict their health independently of established stressors at work. Evidence on reduced health risk after favourable change in organisational justice implies a promising area for health interventions at workplace.

Organizational Justice

Science.gov (United States)

Burns, Travis

2013-01-01

Helping principals understand the importance of organizational justice is the first step in enhancing learning outcomes for all learners, regardless of their social class, race, abilities, sex, or gender. In schools, organizational justice may be defined as teachers' perceptions of fairness, respect, and equity that relate to their interactions…

The Constitutional Court Adjudication and Its Implications for the Justice Seekers

OpenAIRE

Sutiyoso, Bambang

2008-01-01

The Constitutional Court adjudication, as the nature of a court decision, implies the rights that the justice seekers will appreciate. It is unfortunate, however, that the appeal procedures for those who dissatisfied with such adjudication has yet to be issued, and this may produce the disadvantages for the purpose of affording justice. For such reason, the amendment on Procedures of the Constitutional Court, particularly in the appeal procedures, is very much needed.

Perspectivas y límites de la justicia global y el cosmopolitismo democrático / Views and limitations of global justice and democratic cosmopolitanism

Directory of Open Access Journals (Sweden)

Francisco Cortés

2013-08-01

Full Text Available En este artículo se discuten algunas de las propuestas planteadas en la discusión contemporánea sobre la justicia. En la primera parte se exponen la teoría de la justicia en el plano internacional de John Rawls. En la segunda parte se discute el planteamiento de los derechos humanos de Jürgen Habermas y se cuestionan los argumentos de estos autores para oponerse a la idea cosmopolita de una transformación del orden internacional a partir de las exigencias de justicia económica global. En la última parte se muestran los límites y perspectivas de la propuesta de justicia global de Thomas Pogge This paper discusses some of the proposals existing in the contemporary debate about justice. In the first part, John Rawls’ theory of justice at the international level is presented. In the second part, Jürgen Habermas’ human rights approach is presented along with a discussion questioning the arguments advanced by these authors to oppose the cosmopolitan idea of a transformation of the international order on the basis of the demands of global economic justice. Finally, the last part shows the limits and views of Thomas Pogge’s global justice proposal

Challenges and Possibilities for Accommodating Wild Animals in the Realm of Justice

OpenAIRE

Björnegran, Amalia

2017-01-01

Abstract: This research seeks to investigate the possibilities and inadequacies of including wild animals within the justice realm. It bases this research on the reasons and rationales of representatives within environmental non- governmental organizations (ENGOs), non-governmental organizations (NGOs) and public agency working with animal- rights and welfare or environmental protection. These representatives reason from a personal and organizational perspective concerning justice, ethics and...

Equality in the Framework of Justice

OpenAIRE

Aşik, Kübra

2015-01-01

This thesis assesses the relation between equality and justice by exploring and identifying the relation between equality and justice in Rawls's theory of justice, Sandel's communitarian account of Justice and Sen's capability approach. And these accounts of justice are evaluated from an egalitarian point of view. The main argument defended in the thesis is that justice requires equality. Accordingly, these three accounts of justice are evaluated by taking their understanding of equality into...

Women and the Justice System in Cambodia | IDRC - International ...

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

Although laws have been promulgated to protect the rights of women, ... to justice in the formal and traditional systems, with respect to serious criminal offences ... Special journal issue highlights IDRC-supported findings on women's paid work.

A pedagogical approach to socially just relations in a Grade 11 Economics class

Directory of Open Access Journals (Sweden)

Zayd Waghid

2016-05-01

Full Text Available Post-apartheid schooling in South Africa is challenged with the task of contributing towards social justice, as has been evident from the emergence of a plethora of education policies following the promulgation of the South African Schools Act in 1996. One of the most significant ways in which social justice can be cultivated in schools, especially where exclusion and marginalisation have been in ascendancy for decades, is through improved pedagogical activities, which receive focus in this article. The article focuses on investigating how the learning goals for Grade 11 Economics with the aid of an educational technology, in particular Facebook, engender opportunities for socially just relations in the classroom. The researcher is concerned with how these learning goals are related to three underlying aspects of Economics education, namely sustainable development, equity (including equality and economic development, and how they may or may not engender opportunities for social justice. Critical discourse analysis is the research approach used to analyse learners' comments on Facebook in relation to their understandings of three films. It was found that it is possible to teach and learn education for social justice in the classroom. Learners treated one another equally; enacted their pedagogical relations equitably; and learnt to become economically aware of their society's developmental needs. Thus, it is recommended that education for social justice be cultivated in school classrooms through the use of Facebook.

Of the basic right of access to justice Do direito fundamental de acesso à justiça

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Mauro Vasni Paroski

2006-12-01

Full Text Available The access to justice is here studied as right basic. The article has for target the conceptualization of this guarantee and the identification of the main problems that presents. It analyzes the protection of the rights and offers proposals aiming at to perfect the system of solution of controversies. It supports that the joust juridical order is the one that consecrates the elect values for the society in the Constitution and that the jurisdictional protection to the rights must harmonize with the objectives, values and principles constitutional. It affirms that it is necessary to stimulate the alternative ways of solution of legal conflicts, as the arbitration, the mediation and the conciliation.O acesso à justiça é aqui estudado como direito fundamental. O artigo tem por escopo a conceituação dessa garantia e a identificação dos principais problemas que apresenta. Analisa a tutela dos direitos e oferece propostas visando aperfeiçoar o sistema de solução de controvérsias. Sustenta que a ordem jurídica justa é a que consagra os valores eleitos pela sociedade na Constituição e que a proteção jurisdicional aos direitos deve se harmonizar com os objetivos, valores e princípios constitucionais. Afirma que é necessário estimular os meios alternativos de solução de conflitos jurídicos, como a arbitragem, a mediação e a conciliação.

Economic sanctions as human rights violations: reconciling political and public health imperatives.

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Marks, S P

1999-10-01

The impact of economic sanctions on civilians has frequently been studied by public health specialists and specialized agencies of the United Nations (UN). This commentary explores some of the difficulties of the claim that sanctions constitute violations of human rights. The deprivation suffered by civilian populations under sanctions regimes often are violations of economic, social, and cultural human rights; however, the attribution of responsibility for those violations to the "senders" of sanctions (the UN Security Council or the US government, for example) is difficult to sustain, particularly in light of the efforts made by these entities to provide for humanitarian exemptions and humanitarian aid. A more productive approach to avoiding civilian harm is to prefer, as a matter of policy, arms embargoes, severing of communications, and international criminal prosecutions over trade embargoes. Promising recommendations have been formulated regarding "smart sanctions," which target regimes rather than people, and "positive sanctions" in the form of incentives. Health and human rights professionals have specific and important tasks in implementing such a restructured approach to sanctions.

The Indispensable Reform and the Judiciary as Corollaries Access to Justice

Directory of Open Access Journals (Sweden)

Benedito Cerezzo Pereira Filho

2016-05-01

Full Text Available Access to justice does not limit itself to the sole faculty of adjudicating or contesting a given action. This rather simple notion has left juridical and jurisdictional theory and practice a while ago. In order for the magnitude of this institute be achieved, it is neces- sary to analyze Right and judicial power, taking into consideration the historical contin- gency, the juridical-evaluative changes and, therefore, the very notion of jurisdiction. The understanding of rights and wrongs of the past is obligatory to understanding the present and projecting oneself into the future. This connection between today and tomorrow shall illuminate the true reach of the access to justice. On the other hand, working the new, held tight against the walls of the past, is denying or, at least, blurring the unders- tanding that is desired as answer to social demand taken to accountability in a judicial decision. It is, hence, essential to transcend times without falling in the trap of discussing once more the theories of the past. It does not mean denying them, but respecting their content, while considering the historical contingency to which they were submitted to. The notion of access to justice, then, should be attached to the theories of its own time, separated from those of  long gone periods. It is denying access to justice when one does not allow a theory in which one can understand the ‘action’ as a fundamental right and deserving of the utmost protection by the State because it truly and effectively guards certain rights. In this point, the performance of the judge is of vital importance for the civil procedure to fulfill its constitutional function of delivering to the claimants an ade- quate, timely and effective judicial protection. That is why the vision and the concept of jurisdiction are equally relevant.

About the rights with which we are born: The radical natural law and the social justice from K. Marx up to neoliberalism

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Kuljić Todor

2017-01-01

Full Text Available The natural law is a overempiric law that does not owe his dignity to the legal norm than to the intrinsic qualities of a human being. This paper presents a different hierarchical position of the natural law in the critics of capitalism from K. Marx to our days and its different intonation as a superpositive framework of justice. One should analytically differentiate between (1 theoretical search for social justice in the philosophy of the natural law (K.Marx, M.Weber, G.Radbruch, L.Strauss, E.Bloch, Lj.Tadić and (2 empirical identification of power relations that allowed or hindered social justice in the reality. The paper provides analysis of historically different relationships between positive and radical natural law in both the compressed 20th century epochal conscience and today’s neoliberal one. In addition, it compares role of the natural law in capitalism and socialism and differentiates between social justice from above and social justice from below. The first one is gratuitous, paternalistic and limited, the second one is radical and has to be conquered. Radical natural law should express itself as a fully developed social justice liberated from capitalism. Critic of social unjustice from the viewpoint of natural law has no practical effects in our days, and in spite of it, it is not anachronistic. [Project of the Serbian Ministry of Education, Science and Technological Development, Grant no. 149005: Društveni akteri i društvene promene u Srbiji 1990-2010

Student Perceptions of Social Justice and Social Justice Activities

Science.gov (United States)

Torres-Harding, Susan R.; Steele, Cheronda; Schulz, Erica; Taha, Farah; Pico, Chantal

2014-01-01

Encouraging students to engage in activities that actively seek to promote social justice is a goal of many educators. This study analyzed college student perceptions around social justice and related activities in a medium-sized, urban university in the United States. Students' open-ended responses to questions assessing their perceptions of…

Assessment of the Effects of Economic Sanctions on Iranians' Right to Health by Using Human Rights Impact Assessment Tool: A Systematic Review.

Science.gov (United States)

Kokabisaghi, Fatemeh

2018-01-20

Over the years, economic sanctions have contributed to violation of right to health in target countries. Iran has been under comprehensive unilateral economic sanctions by groups of countries (not United Nations [UN]) in recent years. They have been intensified from 2012 because of international community's uncertainty about peaceful purpose of Iran's nuclear program and inadequacy of trust-building actions of this country. This review aimed to identify the humanitarian effects of the sanctions on the right of Iranians to health and the obligations of Iran and international community about it. To assess economic sanction policies and identify violated rights and the obligations of states according to international human rights laws, in this study, Human Rights Impact Assessments (HRIA) tool is used. Applying this tool requires collection of evidences regarding the situation of rights. To provide such evidence, a systematic review of literature which involved 55 papers retrieved from the web-based databases and official webpages of Iran's government and UN' health and human rights committees and organizations was done. All articles about the consequences of economic sanctions related to nuclear activities of Iran on welfare and health of Iranians published from January 2012 till February 2017 in English and Persian languages were included. Search terms were economic sanctions, embargoes, Iran, welfare, health and medicine. Additional studies were identified by cross checking the reference lists of accessed articles. All selected papers were abstracted and entered into a matrix describing study design and findings, and categorized into a framework of themes reflecting the areas covered (health and its determinants). According to HRIA framework, related obligations of Iran and other states about adverse effects of the sanctions on Iranians' right to health were extracted. The sanctions on Iran caused a fall of country's revenues, devaluation of national currency, and

Trickle-down effects of supervisor perceptions of interactional justice: a moderated mediation approach.

Science.gov (United States)

Ambrose, Maureen L; Schminke, Marshall; Mayer, David M

2013-07-01

Supervisors' perceptions of how fairly they are treated by their own supervisors can influence their subordinates' perceptions, attitudes, and behavior. We present a moderated mediation model that demonstrates how work group structure can enhance or constrain these effects. Results show supervisors' perceptions of the fairness of the interactional treatment they receive relate to their subordinates' perceptions of interactional justice climate, and this relationship is stronger in work groups with more organic structures. Furthermore, consistent with the moderated mediation prediction, interactional justice climate mediates the relationship between supervisors' perceptions of interactional justice and outcomes when work group structures are more organic. We discuss the implications of the findings for research on justice and trickle-down effects. PsycINFO Database Record (c) 2013 APA, all rights reserved.

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...

The Right and the Good in Aeschylus’ Oresteia and Yael Farber’s Molora:
Transitional Justice between Deontology and Teleology

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Lukas van den Berge

2015-01-01

Full Text Available The antagonism between deontological and teleological conceptions of law can be felt throughout the field of law. It is particularly pressing, however, in the context of what is commonly referred to as ‘transitional justice’. Should the legal response to massive violence and bloodshed be primarily a deontological one, giving primacy to the right in awarding ‘each what is his’ (suum cuique according to a given set of principles of law? Or should this response be primarily teleological in nature, with the right being subservient to the restoration of society as a higher good? Our paper investigates this issue from the perspective of a Ricoeurian reading of Aeschylus’ Oresteia and Yael Farber’s Molora, a modern play in which Aeschylus’ story is staged against the backdrop of post-apartheid South Africa. It is argued that both the Greek original and its modern adaptation confirm Ricoeur’s view of justice as a precarious balance between Kantian deontology on the one hand and Aristotelian teleology on the other.

Just sustainability? sustainability and social justice in professional codes of ethics for engineers

NARCIS (Netherlands)

Brauer, C.S.

2013-01-01

Should environmental, social, and economic sustainability be of primary concern to engineers? Should social justice be among these concerns? Although the deterioration of our natural environment and the increase in social injustices are among today's most pressing and important issues, engineering

Applying Social Justice Principles through School-Based Restorative Justice

Science.gov (United States)

von der Embse, Nathan; von der Embse, Daniel; von der Embse Meghan; Levine, Ian

2009-01-01

Social justice has recently received attention within the school psychology community. Yet, social justice is a nebulous term, as opined by Connelly (2009), who cautioned against searching for what is wrong and instead striving for the highest standards and recognizing needs of every unique child. Shriberg and colleagues (2008) have sought to…

Development of the contemporary concept of restorative justice: Towards increased visibility of crime victims

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Ćopić Sanja

2012-01-01

Full Text Available Contemporary concept of restorative justice emerged at the end of 1960s and the beginning of 1970s, at the time when repression and social exclusion stared to show their lacks. Restorative justice has emerged on the critics of the conventional criminal justice response to crime, which denies the power to both the victim and the offender, and particularly neglecting a victim and minimizing his/her role in the procedure. While the accent of the repressive discourse is on the crime and punishment, restorative discourse is focused on the relationship between parities involved in a criminal case, who should actively participate in the process of finding out adequate solution of the problem arose from the criminal offence. Keeping that in mind, it is quite obvious that theoretical knowledge, concepts and movements that are focused on victims, their rights, legal and overall position had the strongest impact on the development of restorative justice. Taking that as a departure point, the impact of the “conflict as property” concept, victimology, movement for the restitution, movement for victim’s rights, and feminist movement, on the development of a contemporary concept of restorative justice is analyzed in this paper, and vice versa.

African Transitional Justice Research Network - Phase II | CRDI ...

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

The African Transitional Justice Research Network (ATJRN) aims to strengthen the capacity of African researchers and civil society institutions to conduct effective human rights advocacy through the production of high-quality, locally based and targeted empirical research. Phase I of the project (102862) focused on creating ...

African Transitional Justice Research Network - Phase II | IDRC ...

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

The African Transitional Justice Research Network (ATJRN) aims to strengthen the capacity of African researchers and civil society institutions to conduct effective human rights advocacy through the production of high-quality, locally based and targeted empirical research. Phase I of the project (102862) focused on creating ...

Great Constitutional Ideas: Justice, Equality, and Property.

Science.gov (United States)

Starr, Isidore

1987-01-01

Examines the ideas of justice, equality, and property as they are represented in the Declaration of Independence, the U.S. Constitution and the Bill of Rights. Discusses how these ideas affect the way public schools operate and the lessons educators teach or don't teach about our society. Includes ideas for classroom activities. (JDH)

Employee conscientiousness, agreeableness, and supervisor justice rule compliance: A three-study investigation.

Science.gov (United States)

Huang, Jason L; Cropanzano, Russell; Li, Andrew; Shao, Ping; Zhang, Xin-An; Li, Yuhui

2017-11-01

Researchers have paid limited attention to what makes organizational authority figures decide to treat their employees either justly or unjustly. Drawing from the actor-focused model of justice, as well as the stereotype content model, we argue that employee conscientiousness and agreeableness can impact the extent to which supervisors adhere to normative rules for distributive, procedural, informational, and interpersonal justice, as a result of supervisors' evaluations of their employees' effort and their liking of the employees. Supervisory compliance with justice rules may, in turn, impact the extent to which employees judge themselves to be treated either justly or unjustly. We tested these possibilities in 3 studies. In Study 1, we utilized a meta-analysis to demonstrate positive relationships between employees' conscientiousness, agreeableness, and their justice perceptions. In Study 2, we conducted 3 experiments to test the causal relationship between employee personality and supervisor intentions to comply with justice rules. In Study 3, we conducted an employee-supervisor dyadic field survey to examine the entire mediation model. Results are discussed in terms of the potential roles that both employees and supervisors may play in shaping employees' justice perceptions. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

On the relationship between justice and forgiveness: are all forms of justice made equal?

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Wenzel, Michael; Okimoto, Tyler G

2014-09-01

This research investigates whether, following a wrongdoing, the restoration of justice promotes forgiveness. Three studies - one correlational recall study and two experimental scenario studies - provide evidence that while a restored sense of justice is overall positively related to forgiveness, forgiveness is highly dependent on the means of justice restoration being retributive (punitive) versus restorative (consensus-seeking) in nature. The findings showed that, overall, restorative but not retributive responses led to greater forgiveness. Although both retributive and restorative responses appeared to increase forgiveness indirectly through increased feelings of justice, for retributive responses these effects were counteracted by direct effects on forgiveness. Moreover, the experimental evidence showed that, while feelings of justice derived from restorative responses were positively related to forgiveness, feelings of justice derived from retributive responses were not. © 2013 The British Psychological Society.

What Does Health Justice Look Like for People Returning from Incarceration?

Science.gov (United States)

Puglisi, Lisa; Calderon, Joseph P; Wang, Emily A

2017-09-01

Access to health care is a constitutional right in the United States correctional system, and many incarcerated adults are newly diagnosed with chronic diseases in prison. Despite this right, the quality of correctional health care is variable, largely unmeasured and unregulated, and characterized by patients' widespread distrust of a health system that is intimately tied to a punitive criminal justice system. Upon release, discontinuity of care is the norm, and when continuity is established, it is often hindered by distrust, discrimination, poor communication, and racism in the health system. In this paper, we will propose best practices in transitioning from correctional- to community-based health care and argue that achieving health equity for people with criminal justice involvement in the United States is not possible without ethical provision of health care. © 2017 American Medical Association. All Rights Reserved.

The sexual history provisions in the Youth Justice and Criminal Evidence Act 1999--a violation of the right to a fair trial?

Science.gov (United States)

Young, G

2001-07-01

In response to the Home Office recommendations contained in Speaking Up for Justice (1998) the Youth Justice and Criminal Evidence Act (YJCEA) 1999 introduced a new regime for the conduct of sexual offence trials. Section 41 of the Act, which came into force on 4 December 2000, brings about dramatic changes to the rules on the admissibility of evidence of complainants' sexual behaviour, severely restricting the discretion of trial judges to introduce such evidence or to allow questioning concerning it. This represents a radical new departure that will fundamentally affect an accused's position at trial. Responses to section 41 have predictably been divided given the extremely sensitive nature of this area of the law of evidence and the complex set of social and political issues which are at stake. Many have greeted it as a long overdue reform of a system premised upon outmoded and sexist beliefs concerning women's sexual behaviour which has routinely functioned to admit prejudicial and irrelevant evidence. Others, predominantly within the legal profession, have expressed serious concerns over whether the new law is workable and the extent to which, by potentially excluding critically relevant evidence, it may infringe upon a defendant's right to a fair trial. The quality of the legislation is soon to be tested. On 26 and 27 March 2001 the House of Lords heard an interlocutory appeal in the case of R v. A and were asked to decide if the new provisions, by excluding previous sexual history evidence between the complainant and the defendant, contravened Article 6 of the European Convention of Human Rights. Their Lordships are, at the time of writing, yet to give judgment and the fate of the defendant in question, and several others whose trials have been postponed pending their decision, hangs in the balance. This article seeks to show that the new Act, despite being well-intentioned, does not adopt a coherent or sustainable approach to the relevance of previous

Justice and feelings: Toward a new era in justice research

NARCIS (Netherlands)

D. de Cremer (David); K. van den Bos (Kees)

2007-01-01

textabstractIn this special issue, the relationship between feelings and justice and its consequences are highlighted. Five articles discuss the role that affect, feelings, and emotions play in justice processes across a variety of social settings. In the present introductory article, the position

How does justice smell? Reflections on space and place, justice and the body

Directory of Open Access Journals (Sweden)

Jacob Meiring

2016-11-01

Full Text Available Flowing from a joint consultation on Spatial Justice and Reconciliation on 21–22 September 2015, hosted by the Centre for Contextual Ministry and the Ubuntu Research Project of the University of Pretoria, this article reflects on the notions of space and justice from the perspective of a contemporary theological anthropology as ‘embodied sensing’, where the making of meaning is sensed in the body. The argument is put forward that spatial justice is an embodied endeavour and that it cannot be achieved disconnected from the bodies of the persons in the concrete context where justice is strived for and where bodies can flourish. The relation between spatial justice, sense of place, human flourishing and the embodied sensing of meaning is explored.

Justice on Both Sides: Transforming Education through Restorative Justice

Science.gov (United States)

Winn, Maisha T.

2018-01-01

Restorative justice represents "a paradigm shift in the way Americans conceptualize and administer punishment," says author Maisha T. Winn, from a focus on crime to a focus on harm, including the needs of both those who were harmed and those who caused it. Her book, "Justice on Both Sides," provides an urgently needed,…

Restorative Justice in Children.

Science.gov (United States)

Riedl, Katrin; Jensen, Keith; Call, Josep; Tomasello, Michael

2015-06-29

An important, and perhaps uniquely human, mechanism for maintaining cooperation against free riders is third-party punishment. Our closest living relatives, chimpanzees, will not punish third parties even though they will do so when personally affected. Until recently, little attention has been paid to how punishment and a sense of justice develop in children. Children respond to norm violations. They are more likely to share with a puppet that helped another individual as opposed to one who behaved harmfully, and they show a preference for seeing a harmful doll rather than a victim punished. By 6 years of age, children will pay a cost to punish fictional and real peers, and the threat of punishment will lead preschoolers to behave more generously. However, little is known about what motivates a sense of justice in children. We gave 3- and 5-year-old children--the youngest ages yet tested--the opportunity to remove items and prevent a puppet from gaining a reward for second- and third-party violations (experiment 1), and we gave 3-year-olds the opportunity to restore items (experiment 2). Children were as likely to engage in third-party interventions as they were when personally affected, yet they did not discriminate among the different sources of harm for the victim. When given a range of options, 3-year-olds chose restoration over removal. It appears that a sense of justice centered on harm caused to victims emerges early in childhood and highlights the value of third-party interventions for human cooperation. Copyright © 2015 Elsevier Ltd. All rights reserved.

Review Essay: Rethinking Gender Justice a Transnational Approach

DEFF Research Database (Denmark)

Siim, Birte

2015-01-01

Ambivalence” is one reason for feminists to be concerned about Fraser’s new theoretical and political approach. Here Fraser uses Karl Polanyi’s classical book: ’The Great Transformation’ (1944) as inspiration to rethink the character of the present political-economic crisis, social justice...... and the emancipatory potentials of feminism. The ambitious aim of the book is to contribute to feminism’s theoretical and political project in a globalized world. The title:’Fortunes of Feminism’, the prologue and the book’s structure as a drama in three acts all refer to Fraser’s interpretation of the evolution...... in in Justice Interruptus; two articles have only appeared in French It is therefore great to have a collection of some of her best articles, but the question is what gender researchers can learn from this book? To me, the final chapter: ”Between Marketization and Social Protection: Resolving the Feminist...

Restorative justice as social justice for victims of gendered violence: a standpoint feminist perspective.

Science.gov (United States)

van Wormer, Katherine

2009-04-01

This article provides an overview of restorative justice as a process and examines its relevance to women who have been victimized by physical and sexual abuse. The starting point is the justice system with its roots in adversarial, offender-oriented practices of obtaining justice. The widespread dissatisfaction by battered women and rape victims and their advocates with the current system of mandatory law enforcement opens the door for consideration of alternative forms of dealing with domestic violence. Restorative justice strategies, as argued here, have several major advantages. Like social work, these strategies are solution-based rather than problem-based processes, give voice to marginalized people, and focus on healing and reconciliation. Moreover, restorative justice offers an avenue through which the profession of social work can re-establish its historic role in criminal justice. The four models most relevant to women's victimization are victim-offender conferencing, family group conferencing, healing circles, and community reparations. Each model is examined separately from a feminist standpoint. The discussion is informed by insights from the teachings of standpoint feminist theory and social work values, especially social justice.

Justice and Feelings: Toward a New Era in Justice Research

NARCIS (Netherlands)

Cremer, D. de; Bos, K. van den

2007-01-01

In this special issue, the relationship between feelings and justice and its consequences are highlighted. Five articles discuss the role that affect, feelings, and emotions play in justice processes across a variety of social settings. In the present introductory article, the position of past

An expanded model of the moral self: Beyond care and justice.

Science.gov (United States)

Miles, Andrew; Upenieks, Laura

2018-05-01

Most research on moral identities conceptualizes morality exclusively in terms of care and justice, but work from across the social sciences indicates that these represent only a corner of the moral landscape. Emphasizing care and justice alone severely restricts the scope of moral identity models, and risks under-estimating the influence of moral self-processes. To address this, we develop and validate measures of moral identity focused on group loyalty, authority, and purity, three additional facets of morality highlighted in Moral Foundations Theory. Although the loyalty identity is remarkably similar to the care/justice identity, the authority and purity identities are distinct, and demonstrate adequate convergent, divergent, and nomological validity. These identities also predict a wide range of behaviors that traditional care/justice focused moral identities miss. Taken together, our work indicates that the moral self is more complex - and has a much wider scope of influence - than previously supposed. Copyright © 2018 Elsevier Inc. All rights reserved.

The right to health, health systems development and public health policy challenges in Chad.

Science.gov (United States)

Azétsop, Jacquineau; Ochieng, Michael

2015-02-15

There is increasing consensus that the right to health can provide ethical, policy and practical groundings for health systems development. The goals of the right to health are congruent with those of health systems development, which are about strengthening health promotion organizations and actions so as to improve public health. The poor shape and performance of health systems in Chad question the extent of realization of the right to health. Due to its comprehensiveness and inclusiveness, the right to health has the potential of being an organizational and a normative backbone for public health policy and practice. It can then be understood and studied as an integral component of health systems development. This paper uses a secondary data analysis of existing documents by the Ministry of Public Health, Institut National de la Statistique, des Etudes Economiques et Démographiques (INSEED), the Ministry of Economy and Agence Française de Cooperation to analyze critically the shape and performance of health systems in Chad based on key concepts and components of the right to health contained in article 12 of the International Covenant on Economic, Social and Cultural Rights, and on General Comment 14. The non-realization of the right to health, even in a consistently progressive manner, raises concerns about the political commitment of state officials to public health, about the justice of social institutions in ensuring social well-being and about individual and public values that shape decision-making processes. Social justice, democratic rule, transparency, accountability and subsidiarity are important groundings for ensuring community participation in public affairs and for monitoring the performance of public institutions. The normative ideals of health systems development are essentially democratic in nature and are rooted in human rights and in ethical principles of human dignity, equality, non-discrimination and social justice. These ideals are grounded

Justice Department Airline Merger Policy

Science.gov (United States)

Farmer, D. A.

1972-01-01

Justice Department airline merger policy is developed within the context of the Federal Aviation Act, in which there is an unusually explicit reliance on competition as a means of fulfilling statutory goals. The economics of the airline industry appear to indicate that low concentration and vigorous competition are particularly viable and desirable. Several factors, including existing regulatory policy, create incentives for airlines to merge whether or not an individual merger promotes or conflicts with the public interest. Specific benefits to the public should be identified and shown to clearly outweight the detriments, including adverse competitive impact, in order for airline mergers to be approved.

Constitutional Property Rights Protection and Economic Growth: Evidence from the Post-Communist Transition

DEFF Research Database (Denmark)

Bjørnskov, Christian

This paper seeks to estimate the economic growth effect of constitutional provisions for property rights protection. It does so using the unique situation in formerly communist countries in Central and Eastern Europe and the Caucasus where all but two introduced new constitutions after the fall...... of the Iron Curtain. The effects of implementing different constitutional provisions can therefore be observed in a group of countries with the same formal starting point. Estimates provide no evidence of positive effects and mainly point towards a negative conclusion: the introduction of constitutional...... protection of property rights is not associated with economic development in the long run, but tends to impose costs during a period of institutional transition and implementation proportional to the constitutional change....

Social Justice and Social Order: Binding Moralities across the Political Spectrum.

Science.gov (United States)

Janoff-Bulman, Ronnie; Carnes, Nate C

2016-01-01

Two studies explored the relationship between political ideology and endorsement of a range of moral principles. Political liberals and conservatives did not differ on intrapersonal or interpersonal moralities, which require self-regulation. However differences emerged on collective moralities, which involve social regulation. Contrary to Moral Foundations Theory, both liberals and conservatives endorsed a group-focused binding morality, specifically Social Justice and Social Order respectively. Libertarians were the group without a binding morality. Although Social Justice and Social Order appear conflictual, analyses based on earlier cross-cultural work on societal tightness-looseness suggest that countries actually benefit in terms of economic success and societal well-being when these group-based moralities co-exist and serve as counterweights in social regulation.

Implementation Of Law Number 11 Of 2012 Concerning Child Related Criminal Justice System Concept Restorative Justice

Directory of Open Access Journals (Sweden)

Intan Karangan

2016-09-01

Full Text Available This study aims to determine how the application of the concept of restorative justice in accordance with Law No. 11 of 2012 on Child Criminal Justice system. This study uses normative namely a study that discusses the problem based on the literature and legislation relating to the matter to be investigated. Law No. 11 of 2012 on the Criminal Justice System Child has provided a new concept in the criminal justice system, especially those in the juvenile justice system. Related to the concept of Restorative Justice or restorative justice is a resolution processes involving perpetrators, victims, families, and other relevant parties in a criminal act, jointly seek solutions to the offense and its implications by emphasizing restoration and not retribution

India Sinking: Threats to the Right to Food, Food Security & Development, in an Era of Economic Growth

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Sukanya Pillay

2009-02-01

Full Text Available Despite reports of being Asia’s next economic superpower, India is experiencing a crisis in food that threatens development, peace, and security. Affecting 700 million Indians, the food crisis is caused by the State’s failures to uphold its legal obligations to protect the international human right to food. Conflicting post-Independence agricultural policies, the Green Revolution, and neoliberal reforms imposed at the behest of the World Bank, the International Monetary Fund, and the World Trade Organization, have dismantled the country’s food production capacity. The result is increased hunger, poverty, malnutrition, starvation, deaths, vast social inequities, inflated food prices, the decimation of small-scale farming, epidemic farmer suicides, and the loss of biodiversity, each of which violate the international human right to food, and threaten development, peace, and security. Part II of this article sets out India’s legal obligations to protect the right to food, the prerequisite of this right for development, and the duty of the State to ensure non-State actors respect this right. Part III of this article explains how and why policy reforms in India have removed key resources from small-scale farmers and rural Indians, leaving India with the highest malnutrition, poverty, and hunger rates in the world. Part IV concludes that the neoliberal reforms have resulted in the failure of the right to food and the right to development in the country, and have perpetuated poverty, powerlessness, and exclusion among India’s poor; India must pursue a development strategy that is human-rights centered, and must implement economic reforms that are grounded in justice, equity, and respect for the inherent dignity of the human being. Some initial areas for reform are identified as a means for the Indian government to protect the right to food, and to work towards the realization of the full benefits of development for all Indians. Malgré les

Corrective justice and contract law

OpenAIRE

Martín Hevia

2010-01-01

This article suggests that the central aspects of contract law in various jurisdictions can be explained within the idea of corrective justice. The article is divided into three parts. The first part distinguishes between corrective justice and distributive justice. The second part describes contract law. The third part focuses on actions for breach of contract and within that context reflects upon the idea of corrective justice.

Crippling Sexual Justice

DEFF Research Database (Denmark)

Stormhøj, Christel

2015-01-01

Exploring homosexuals' citizenship in Denmark from a justice perspective, this article critically interrogates society's supposed gay-friendliness by asking how far it has moved in achieving sexual justice, and inquiring into the gains and pains of the existing modes of achieving this end...... and representation within family law, civil society, and in the labour market. In conclusion, I suggest the possibility of different evaluations of the level of sexual justice reached, a mainly positive, partially negative one. Additionally, I discuss the gains and pains of the existing normalizing politics....

Islamic Inheritance Law (Faraid and Its Economic Implication

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Adelina Zuleika

2014-03-01

Full Text Available Objective - This paper attempts to discuss the Islamic law of inheritance (Faraid, its existence and its systematic impact to humankind. Faraid plays a fundamental role as an impetus behind the development of science, which has a great economic impact to the development of social welfare. This paper aims to increase the awareness towards the importance of Islamic law of Inheritance for knowledge development, and social prosperity of humankind. Secondly, to reveal the hikmah behind the rules set in Faraid and their economic implications. Thirdly is to emerge the consciousness for being Sharia’ compliance by revealing the secret behind His rules and its benefit for humankind.Method - Employing a qualitative method and literature reviewResult - This paper shows that from the macroeconomic perspective, Faraid systematically ensures the redistribution of wealth, and spreads the concentration of wealth in every generation. Literature reviews and information collected are employed in order to analyze and make further inferences. The literature review clarifies the magnificence of Faraid and its real contribution to human development; in economics and in other disciplines. Faraid keeps the justice in wealth distribution, protects property rights, empowers women to be involved in economic activities and as a whole, Faraid also encourages economic growth.Conclusion - Conclusively, by commissioning Faraid, the wealth is generated and returned to the factors production through many hands of who deserve it after the absence of deceased.Keywords : Islamic Inheritance Law; Faraid; Property  Rights; Distribution of Wealth

Gendered Justice Gaps in Bosnia-Herzegovina

DEFF Research Database (Denmark)

Björkdahl, Annika; Mannergren Selimovic, Johanna

2014-01-01

, and reparations gaps-this article examines structural constraints for women to engage in shaping and implementing transitional justice, and unmasks transitional justice as a site for the long-term construction of the gendered post-conflict order. Thus, the gendered dynamics of peacebuilding and transitional...... justice have produced a post-conflict order characterized by gendered peace and justice gaps. Yet, we conclude that women are doing justice within the Bosnian-Herzegovina transitional justice project, and that their presence and participation is complex, multilayered, and constrained yet critical....

Health Justice: A Framework (and Call to Action) for the Elimination of Health Inequity and Social Injustice.

Science.gov (United States)

Benfer, Emily A

Every aspect of society is dependent upon the health of its members. Health is essential to an individual’s well-being, quality of life, and ability to participate in society. Yet the healthcare industry, even at its optimal level of functioning, cannot improve the health of the population without addressing the root causes of poor health. The health of approximately 46.7 million individuals, most of whom are low-income and racial minorities, is threatened by economic, societal, cultural, environmental, and social conditions. Poor health in any population group affects everyone, leading to higher crime rates, negative economic impacts, decreased residential home values, increased healthcare costs, and other devastating consequences. Despite this fact, efforts to improve health among low-income and minority communities are impeded by inequitable social structures, stereotypes, legal systems, and regulatory schemes that are not designed to take into account the social determinants of health in decision making models and legal interpretation. As a result, a large segment of the population is continually denied the opportunity to live long, productive lives and to exercise their rights under democratic principles. Health, equity, and justice make up the keystone of a functional, thriving society. These principles are unsatisfied when they do not apply equally to all members of society. This Article describes the social and legal roots of poor health and how health inequity, social injustice, and poverty are inextricably linked. For example, it provides an in depth overview of the social determinants of health, including poverty, institutional discrimination and segregation, implicit bias, residential environmental hazards, adverse childhood experiences, and food insecurity. It then discusses how the law is a determinant of health due to court systems that do not evaluate individual circumstances, the enactment of laws that perpetuate poor health, and the lack of

Does Europe need two Courts of Human Rights? On the Relationship between the Strasbourg and Luxembourg Courts

DEFF Research Database (Denmark)

Rytter, Jens Elo

2003-01-01

Den Europæiske Menneskerettighedsdomstol, European Court of Human Rights, EF-Domstolen, European Court of Justice......Den Europæiske Menneskerettighedsdomstol, European Court of Human Rights, EF-Domstolen, European Court of Justice...

The Principle Of Justice In Magna Carta Libertatum And Its Influence On The Law In General

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Zendeli Emine

2015-12-01

Full Text Available This article aims to expound the principle of justice, as a fundamental value and as an immanent category of law, as well as one of the fundamental human rights, prescribed and guaranteed by a myriad of international instruments and documents. After a brief historical account, by focusing on Article 40 of the Magna Carta Libertatum, which states that: “To No One Will we Sell, To No One Will we refuse or delay, right or justice”, this article claims to show the importance of incorporation of this principle in the provisions of the Magna Carta and its impact on the development of theory and legislation in the past and present. Moreover, the article intends to explore the extent of influence that the priciple of justice has on the functioning of the law in general. Since justice implicates the permanent and constant will to render each person his due, and this achieved through equality, it results that justice means being equal. In this context, the article will explore the concept of equality as a precondition of justice, as well as the conditions and modalities for its implementation.

Justice Reinvestment: “Motherhood and Apple Pie?”—Matching Ambition to Capacity and Capability

OpenAIRE

Wong, Kevin; Christmann, Kris

2016-01-01

The idea of '“Justice Reinvestment'” (JR), has been proposed by United Kingdom (UK) policy makers and criminal justice campaigners as a way of responding to the problems arising from the economic crisis in 2007 and 2008. Despite the interest in JR from policy makers, a systematic approach to JR in the UK has yet to be adopted. Instead, the implementation of JR in the UK has been limited to a somewhat piecemeal approach with an uncoordinated set of initiatives, including Payment by Results (Pb...

Procedural Justice in Dutch Administrative Court Proceedings

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André Verburg

2014-11-01

Full Text Available In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the judge's actions in this respect are both that the proceedings are fair and just and that parties perceive the way they are being treated during proceedings as fair and just.Within the New Approach we discern five procedural justice elements: (1 respect, (2 voice and due consideration, (3 some influence on how proceedings will continue, (4 an explanation of how the proceedings will continue and (5 direct interpersonal contact.The introduction of the New Approach shows two important bottlenecks in Dutch administrative court proceedings, which are (i the possible or supposed collision between legally right outcomes and  procedural justice and (ii the lack of uniformity and predictability.Although what we describe and discuss in this paper focuses on the Dutch situation, many of these considerations apply to administrative court proceedings in other countries. The themes and difficulties that face the administrative law judge seem to be common to many countries.

Corrective justice and contract law

Directory of Open Access Journals (Sweden)

Martín Hevia

2010-06-01

Full Text Available This article suggests that the central aspects of contract law in various jurisdictions can be explained within the idea of corrective justice. The article is divided into three parts. The first part distinguishes between corrective justice and distributive justice. The second part describes contract law. The third part focuses on actions for breach of contract and within that context reflects upon the idea of corrective justice.

Mobilising for environmental justice in China

OpenAIRE

Balme, Richard

2014-01-01

This article assesses the situation of environmental rights in China in terms of political interactions and their implications for Chinese politics. Environmental justice is primarily conceived as equity in access to environmental goods and fairness in social processes dealing with market or government failures to provide environmental security. The argument is that environmental deterioration has a significant influence on the pattern of inequalities in the PRC, occasionally creating situati...

Women, truth, justice and reparation in Colombia

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María Eugenia Ibarra Melo

2011-07-01

Full Text Available This paper account for the main collective actions undertaken by two women networks in Colombia: Women’s Peace Route and the Colombian Women Initiative for Peace, during transition justice process and the implementation of the Justice and Peace Law (2004-2009. From a sociological approach to the political process and the gender category, this paper discusses how gender ideologies inform new ways of mobilization affecting discourses, purposes and repertoires of those claiming identities and defending human rights. The main conclusion here is that the feminist influence in redistribution and acknowledgement claims for victims from the armed conflict have encouraged collective actions that begin to modify their relationship to the State. This is proved by their achievements at Court and social acknowledgement victims have gained as social actors.

The Value Of Justice In Child Criminal Justice System A Review Of Indonesian Criminal Law

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Andi Sofyan

2015-08-01

Full Text Available The value of justice in Act No. 11 of 2012 concerns the Child Criminal Justice System Act No. SPPA confirms the Restorative Justice Approach as a method of disputes resolution. The method of research used was normative-legal research with philosophical approach. The results showed that the value of restorative justice through diversion contained in Act SPPA but the diversion limit for certain types of criminal acts and threats of punishment under seven 7 years and not a repetition criminal recidivists. This indicates that Act SPPA still contained a retributive justice not promote the interests of protection for child.

The role of litigation in ensuring women's reproductive rights: an analysis of the Shanti Devi judgement in India.

Science.gov (United States)

Kaur, Jameen

2012-06-01

The struggle for reproductive self-determination has specific significance for women and girls in India, where a maternal death occurs every five minutes. This paper analyses the role litigation played in seeking redress for violations of the reproductive rights of Shanti Devi, who died in childbirth in 2010 in Haryana state, and some of the socio-economic, cultural, political and legal factors involved. It provides a brief overview of India's national and international obligations with regard to maternal health, and through the lens of the litigation in Shanti Devi's case, it examines how the government failed to protect, respect and fulfill her right to life and health. Litigation can be used to ensure accountability in further cases by building on case law, informing communities about these decisions and their rights, and holding government accountable at local, state and central level. Litigation also has limits, most importantly due to people's lack of awareness of their rights and entitlements, the lack of government outreach programmes informing them of these, and the lack of accountability mechanisms within health programmes when they are not transparent or functioning effectively. Thus, although constitutional justice is an important tool for democratic progress and social change, social justice will only be achieved through broader social struggle. Copyright © 2012 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

Justice-based social assistance

Science.gov (United States)

Barrientos, Armando

2016-01-01

What are the main objectives of social protection institutions in developing countries? What should be their scope and reach? What is the source of their legitimacy? Finding appropriate answers to these questions is essential to understanding, and shaping, the emergence of welfare institutions in low- and middle-income countries. Most available answers rely on instrumental arguments. Few make reference to normative principles. This article draws on three concepts from Rawls – social justice as regulating cooperation, the social minimum, and the need for a freestanding political notion of social justice – to develop a coherent argument for grounding social assistance on social justice. In line with this argument, it identifies some parameters for a justice-based social assistance. This article then discusses, with examples, the tensions existing between a social justice-based social minimum and ‘real’ social assistance institutions emerging in developing countries. PMID:27708544

The Political Sociology of Human Rights

OpenAIRE

Nash, Kate

2015-01-01

The language of human rights is the most prominent 'people-centred' language of global justice today. This textbook looks at how human rights are constructed at local, national, international and transnational levels and considers commonalities and differences around the world. Through discussions of key debates in the interdisciplinary study of human rights, the book develops its themes by considering examples of human rights advocacy in international organisations, national states and local...

Is the Socio-Economic Justice Still the Aim or Already the Result of the Cooperation Between Business and Society in Developing Synergy? The Case of Lithuania

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Dalia Karlaite

2014-06-01

Full Text Available Today’s business philosophy promotes social responsibility, social self-development and other significant concepts for aspiration of cooperation between business and society in developing synergy; therefore this determines changes in the production, exchange and innovation logic. Socially responsible businesses voluntarily assume obligations in order to meet the interests and needs of society, and take the responsibility for the impact of their activities for all stakeholders. Society understands socio-economic justice as the access to the goods and services, participation in decisionmaking process, equal employment opportunities, fair wages and other. The results of the national representative survey of Lithuanian residents had shown where major social and economic tensions remain in the country. The respondents critically evaluate the oasis of social responsibility where the principles of corruption, exercising ‘proper prevailing circumstances’ and other interferences are still present.

A hermeneutic of justice. Justice as discernment in Matthew ...

African Journals Online (AJOL)

In some important dictionaries for the study of the New Testament, δικαιοσύνη has two meanings: justice in the sense of distributive justice and righteousness as a relational notion. In Matthew, we discover that the word concerns a threefold loyalty: loyalty to the law, loyalty to fellow people, and loyalty to the will of God. In the ...

Using Constitutional Provisions to Advance Environmental Justice – Some Reflections on Sri Lanka

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Camena Guneratne

2015-09-01

Full Text Available This paper examines the principle of environmental justice and its potential applicability to developing countries such as Sri Lanka. It first considers the interpretation and application of the principle in its country of origin, the United States, where it is used primarily to address problems of discrimination in the context of pollution. The paper takes the view that while such an interpretation of environmental justice is valid in this particular context, it cannot address issues of environment and development that arise in countries of the global South, which are grappling with development processes. These processes give rise to issues that may be subject to judicial determination, including sustainable development, protection of natural resources, human rights and social equity. The principle must therefore be re-interpreted to encompass all these dimensions. This paper argues that such an expansion and implementation of the principle of environmental justice in a context of environment and development in countries such as Sri Lanka, is most effective within a constitutional framework of human rights. Constitutions provide both the substantive and procedural foundation of rights, which are interpreted, enforced and given validity at the highest level of the judicial process. Even where environmental rights per se are not contained in a constitution, the existing rights can be, and have been, re-formulated to address issues of environment and development and related human rights. This paper analyses constitutional rights in Sri Lanka, which although limited in scope, has nevertheless formed the basis of a wide body of jurisprudence which brings new dimensions to the principle.

Doing justice to social justice in South African higher education ...

African Journals Online (AJOL)

This paper attempts to develop a conceptualisation of social justice in higher education based on a close reading of the current literature in the field. An important assumption we make is that higher education is a valuable mechanism for social justice. We set the literature against policy documents that detail South African ...

Water Demand Management for Social Justice — Women, like men ...

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

2010-12-22

Dec 22, 2010 ... ... and management of water projects enhances the intended results of projects and contributes to the sustainability of water resources as well as to social justice. ... Women's rights and access to water and sanitation in Delhi.

European citizenship and the right to reside : No one on the outside has a right to be inside

NARCIS (Netherlands)

Raucea, Chiara

This paper deals with the question: Who ought not to be excluded from the enjoyment of European citizenship rights? Recently, the Court of Justice has ruled that, in exceptional situations, the 'genuine enjoyment of the substance of rights attaching to European citizenship' can be invoked in order

THE INACCESSIBILITY OF JUSTICE FOR MIGRANT WORKERS: A CAPABILITIES-BASED PERSPECTIVE

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Bethany Hastie

2018-02-01

Full Text Available This article examines the barriers migrant workers face in accessing justice, including the ability to assert legal rights in the workplace, and to access mechanisms for legal redress or remedy. Drawing on empirical research, and using the capabilities approach as a conceptual framework through which to examine these issues, this article demonstrates that the regulatory structure of the Temporary Foreign Worker Programs operates to actively constrain the ability for migrant workers to assert their rights in the workplace, and seek effective legal remedies in the face of rights violations.   Cet article porte sur les obstacles auxquels se heurtent les travailleurs migrants lorsqu’ils tentent d’avoir accès à la justice, notamment en ce qui concerne les moyens d’exercer des recours en justice ou d’obtenir réparation, ainsi que sur l’écart manifeste entre les signalements de cas d’exploitation de travailleurs migrants et la jurisprudence connexe actuelle. En se fondant sur des recherches empiriques et en utilisant comme cadre conceptuel l’approche axée sur les capacités, l’auteure de cet article montre que la structure de réglementation du Programme des travailleurs étrangers temporaires restreint sensiblement la capacité des travailleurs migrants de faire valoir leurs droits au travail et d’exercer des recours juridiques efficaces lorsque leurs droits sont bafoués.

The construction of feelings of justice in environmental management: An empirical study of multiple biodiversity conflicts in Calakmul, Mexico.

Science.gov (United States)

Lecuyer, Lou; White, Rehema M; Schmook, Birgit; Lemay, Violaine; Calmé, Sophie

2018-05-01

A failure to address social concerns in biodiversity conservation can lead to feelings of injustice among some actors, and hence jeopardize conservation goals. The complex socio-cultural and political context of the Calakmul Biosphere Reserve, Mexico, has historically led to multiple biodiversity conflicts. Our goal, in this case study, was to explore perceptions of justice held by local actors in relation to biodiversity conflicts. We then aimed to determine the following: 1) people's definitions of their feelings of justice; 2) the criteria used in this assessment; 3) variability in the criteria influencing them; and 4) implications for environmental management in the region and beyond. We worked with five focus groups, exploring three examples of biodiversity conflict around forest, water and jaguar management with a total of 41 ranchers, farmers and representatives of local producers. Our results demonstrated that people constructed their feelings of justice around four dimensions of justice: recognition (acknowledging individuals' rights, values, cultures and knowledge systems); ecological (fair and respectful treatment of the natural environment), procedural (fairness in processes of environmental management), distributive (fairness in the distribution of costs and benefits). We identified a list of criteria the participants used in their appraisal of justice and sources of variation such as the social scale of focus and participant role, and whom they perceived to be responsible for resource management. We propose a new framework that conceptualizes justice-as-recognition and ecological justice as forms of conditional justices, and procedural and distributive justices as forms of practical justice. Conditional justice allows us to define who is a legitimate source of justice norms and if nature should be integrated in the scope of justice; hence, conditional justice underpins other dimensions of justice. On the other hand, procedural and distributive address

A victim-centered approach to justice? Victim satisfaction effects on third-party punishments.

Science.gov (United States)

Gromet, Dena M; Okimoto, Tyler G; Wenzel, Michael; Darley, John M

2012-10-01

Three studies investigated whether victims' satisfaction with a restorative justice process influenced third-party assignments of punishment. Participants evaluated criminal offenses and victims' reactions to an initial restorative justice conference, and were later asked to indicate their support for additional punishment of the offender. Across the three studies, we found that victim satisfaction (relative to dissatisfaction) attenuates people's desire to seek offender punishment, regardless of offense severity (Study 2) or conflicting reports from a third-party observer (Study 3). This relationship was explained by the informational value of victim satisfaction: Participants inferred that victims felt closure and that offenders experienced value reform, both of which elevated participants' satisfaction with the restorative justice outcome. The informational value communicated by victim satisfaction, and its criminal justice implications, are discussed. PsycINFO Database Record (c) 2012 APA, all rights reserved.

Environmental justice and U.S. Forest Service hazardous fuels reduction: A spatial method for impact assessment of federal resource management actions

Science.gov (United States)

Mark D.O. Adams; Susan Charnley

2018-01-01

Natural resource managers of federal lands in the USA are often tasked with various forms of social and economic impact analysis. Federal agencies in the USA also have a mandate to analyze the potential environmental justice consequences of their activities. Relatively little is known about the environmental justice impacts of natural resource management in rural areas...

Towards an integrative post-2015 sustainable development goal framework: Focusing on global justice – peace, security and basic human rights

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George R. Lueddeke

2015-12-01

To strengthen the likelihood of realizing the post-2015 Sustainable Development Goals (SDGs, particularly with regard to “planet and population” health and well-being , UN and other decision-makers are urged to consider the adoption of an integrated SDG framework that is based on (i a vision of global justice - underpinned by peace, security and basic human rights; (ii the development of interdependent and interconnected strategies for each of the eleven thematic indicators identified in the UN document The World We Want; and (iii the application of guiding principles to measure the impact of SDG strategies in terms of holism, equity, sustainability, ownership, and global obligation. While current discussions on the SDGs are making progress in a number of areas, the need for integration of these around a common global vision and purpose seems especially crucial to avoid MDG shortcomings.

Restorative Justice as Social Justice for Victims of Gendered Violence: A Standpoint Feminist Perspective

Science.gov (United States)

van Wormer, Katherine

2009-01-01

This article provides an overview of restorative justice as a process and examines its relevance to women who have been victimized by physical and sexual abuse. The starting point is the justice system with its roots in adversarial, offender-oriented practices of obtaining justice. The widespread dissatisfaction by battered women and rape victims…

Social Justice and Social Order: Binding Moralities across the Political Spectrum.

Directory of Open Access Journals (Sweden)

Ronnie Janoff-Bulman

Full Text Available Two studies explored the relationship between political ideology and endorsement of a range of moral principles. Political liberals and conservatives did not differ on intrapersonal or interpersonal moralities, which require self-regulation. However differences emerged on collective moralities, which involve social regulation. Contrary to Moral Foundations Theory, both liberals and conservatives endorsed a group-focused binding morality, specifically Social Justice and Social Order respectively. Libertarians were the group without a binding morality. Although Social Justice and Social Order appear conflictual, analyses based on earlier cross-cultural work on societal tightness-looseness suggest that countries actually benefit in terms of economic success and societal well-being when these group-based moralities co-exist and serve as counterweights in social regulation.

"Show me your impact": evaluating transitional justice in contested spaces.

Science.gov (United States)

Duggan, Colleen

2012-02-01

This paper discusses some of the most significant challenges and opportunities for evaluating the effects of programs in support of transitional justice - the field that addresses how post-conflict or post authoritarian societies deal with legacies of wide spread human rights violations. The discussion is empirically grounded in a case study that assesses the efforts of the International Development Research Centre (IDRC) and one of its Guatemalan partners to evaluate the effects of a museum exposition that is attempting to recast historic memory and challenge racist attitudes in post-conflict Guatemala. The paper argues that despite the increasing trend to fund transitional justice programs, many international aid donors are stuck in traditional and arguably orthodox paradigms of program evaluation. This is having a negative effect not only upon the administration of aid but also upon how transitional justice research is perceived and valued by local populations. The case study experience indicates that there is no perfect evaluation model or approach for evaluating transitional justice programming - only choices to be made by commissioners of evaluation, evaluators, and those being evaluated. These are profoundly influenced by the extreme politics and moral values that define transitional justice settings as contested spaces in which calls to remember the tragic past must be balanced with aspirations to re-build a hopeful future. Copyright © 2010. Published by Elsevier Ltd.

Rawls´ legacy: a limited possibility of a non-speciesist environmental justice

Directory of Open Access Journals (Sweden)

Sônia T. Felipe

2005-01-01

Full Text Available Publishing A Theory of Justice in 1971 John Rawls defined a conceptual realm of justice as that of a well-ordered society in which some principles of justice should be tested before seeking to apply them to distribute primary goods among co-operative representative subjects (considered as equals within the basic structure of society and other subjects, who are not necessarily co-operative, even if they are included in the contract of justice by the representatives through the indirect moral duties theory. Representative subjects were interested in possessing and preserving − for themselves and for their descendants − all kinds of goods: natural, primary, social and public ones. They are interested in maintaining economic and social distinctions obtained by fair work distribution, as well. In explaining his theory of a fair distribution of primary social goods, John Rawls does not include, at least explicitly, the kind of goods I am suggesting in this paper to be called natural environmental goods, the kind of goods which are indispensable to secure, with no exception, the survival of all organisms subjected to basic needs, including human needs. Natural environmental goods seems to have been forgotten by Rawls, or at least considered as not implicated in his model of a fair institutional distribution of primary social goods. Following what Michael S. PRITCHARD, Wade L. ROBISON, Russ MANNING, Brent A. SINGER, Daniel P. THERO and Troy W. HARTLEY have critically pointed in some of their articles, I am going firstly to show the lack of the concept of natural environmental goods in Rawls’ Theory of Justice, and secondly, I suggest considering natural environmental goods as part of a non-speciesist theory of justice. So, I hope to contribute to extend the philosophical legacy of A Theory of Justice, in order to include in our moral consideration needs and interests of all living beings. In other words, I will try to consider the issue of justice

the search for environmental justice in the niger delta and corporate

African Journals Online (AJOL)

OLAWUYI

Keywords: Environmental Justice, Niger Delta, Corporate Accountability, Torts, kiobel .... U.S. Courts to Victims of Corporate Human Rights Abuses', 146 Columbia ... 7 Amokaye O.G., Environmental Law and Practice in Nigeria (Lagos, Unilag ...

Empowering Energy Justice

Science.gov (United States)

Finley-Brook, Mary; Holloman, Erica L.

2016-01-01

The U.S. is experiencing unprecedented movement away from coal and, to a lesser degree, oil. Burdened low-income communities and people of color could experience health benefits from reductions in air and water pollution, yet these same groups could suffer harm if transitions lack broad public input or if policies prioritize elite or corporate interests. This paper highlights how U.S. energy transitions build from, and contribute to, environmental injustices. Energy justice requires not only ending disproportionate harm, it also entails involvement in the design of solutions and fair distribution of benefits, such as green jobs and clean air. To what extent does the confluence of state, civic, and market processes assure “just” transitions to clean, low-carbon energy production involving equitable distribution of costs, benefits, and decision-making power? To explore this question we assess trends with (1) fossil fuel divestment; (2) carbon taxes and social cost of carbon measurements; (3) cap-and-trade; (4) renewable energy; and (5) energy efficiency. Current research demonstrates opportunities and pitfalls in each area with mixed or partial energy justice consequences, leading to our call for greater attention to the specifics of distributive justice, procedural justice, and recognition justice in research, policy, and action. Illustrative energy transition case studies suggest the feasibility and benefit of empowering approaches, but also indicate there can be conflict between “green” and “just”, as evident though stark inequities in clean energy initiatives. To identify positive pathways forward, we compile priorities for an energy justice research agenda based on interactive and participatory practices aligning advocacy, activism, and academics. PMID:27657101

Empowering Energy Justice

Directory of Open Access Journals (Sweden)

Mary Finley-Brook

2016-09-01

Full Text Available The U.S. is experiencing unprecedented movement away from coal and, to a lesser degree, oil. Burdened low-income communities and people of color could experience health benefits from reductions in air and water pollution, yet these same groups could suffer harm if transitions lack broad public input or if policies prioritize elite or corporate interests. This paper highlights how U.S. energy transitions build from, and contribute to, environmental injustices. Energy justice requires not only ending disproportionate harm, it also entails involvement in the design of solutions and fair distribution of benefits, such as green jobs and clean air. To what extent does the confluence of state, civic, and market processes assure “just” transitions to clean, low-carbon energy production involving equitable distribution of costs, benefits, and decision-making power? To explore this question we assess trends with (1 fossil fuel divestment; (2 carbon taxes and social cost of carbon measurements; (3 cap-and-trade; (4 renewable energy; and (5 energy efficiency. Current research demonstrates opportunities and pitfalls in each area with mixed or partial energy justice consequences, leading to our call for greater attention to the specifics of distributive justice, procedural justice, and recognition justice in research, policy, and action. Illustrative energy transition case studies suggest the feasibility and benefit of empowering approaches, but also indicate there can be conflict between “green” and “just”, as evident though stark inequities in clean energy initiatives. To identify positive pathways forward, we compile priorities for an energy justice research agenda based on interactive and participatory practices aligning advocacy, activism, and academics.

Income, Wealth and Health Inequalities - A Scottish Social Justice Perspective.

Science.gov (United States)

Molony, Elspeth; Duncan, Christine

2016-01-01

This paper considers health inequalities through a social justice perspective. The authors draw on a variety of existing sources of evidence, including experiential, scientific and contextual knowledge. The authors work with NHS Health Scotland, a national Health Board working to reduce health inequalities and improve health. Working closely with the Scottish Government and with a variety of stakeholders across different sectors, NHS Health Scotland's vision for a fairer, healthier Scotland is founded on the principles of social justice. The paper takes social justice as the starting point and explores what it means for two interlinked paradigms of social injustice-health inequality and income inequality. Utilising the wealth of evidence synthesised by NHS Health Scotland as well as drawing on the writings and evidence of philosophers, epidemiologists, the Scottish Government and international bodies, the authors explore the links between income and wealth inequality, social justice, the right to health and health inequalities. The paper ends by considering the extent to which there is appetite for social change in Scotland by considering the attitudes of the people of Scotland and of Britain to poverty, inequality and welfare.

THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE RIGHTS RELATED TO ARTICLE 6 UNDER THE ECHR JURISPRUDENCE: INDIPENDENT AND IMPARTIAL TRIBUNAL ESTABLISHED BY LAW

Directory of Open Access Journals (Sweden)

Elena ANDREEVSKA

2014-05-01

Full Text Available Access to justice is a core fundamental right and a central concept in the broader field of justice. The case-law of the European Court of Human Rights on Article 6 is a complex body of rules. Article 6 of the Convention was inspired by Article 10 and 11(1 of the Universal Declaration of Human rights of 1948. It has also its counterpart – with minor differences in Article 14 of the International Covenant on Civil and Political Rights on 1966. Article 6, which guarantees the right to fair trial, occupies a central place in the system of the Convention. it is a generally agreed that this provision is the most frequently cited one of the Convention, both at the national and international levels. This Article contains a variety of rights which are all related to the good administration of justice, not only criminal, but also in the civil and administrative matters. The ‘independent and impartial tribunal established by law’ is one of textual elements of the Fair Trial Right, as long as it has direct and explicit expression in the text of Convention. Even in simple logical way it can be considered as a suite of requirements referring to 1 the notion of tribunal 2 its attribute of being established by law 3 being independent and 4 being impartial.

Organizational Justice Perception According to Generations

Directory of Open Access Journals (Sweden)

Zeki YÜKSEKBİLGİLİ

2015-12-01

Full Text Available Although there are many different researches on the subject of organizational justice, there is no research on organizational justice perception according to generations. In this study, the research subject is defined if there is a difference on the perception of organizational justice between x and y generations. After a conduct of 430 surveys the Organizational Justice Scale is used. As a result, it is proved that there is no significant difference between the organizational justice perceptions according to generations

Just sustainability? Sustainability and social justice in professional codes of ethics for engineers.

Science.gov (United States)

Brauer, Cletus S

2013-09-01

Should environmental, social, and economic sustainability be of primary concern to engineers? Should social justice be among these concerns? Although the deterioration of our natural environment and the increase in social injustices are among today's most pressing and important issues, engineering codes of ethics and their paramountcy clause, which contains those values most important to engineering and to what it means to be an engineer, do not yet put either concept on a par with the safety, health, and welfare of the public. This paper addresses a recent proposal by Michelfelder and Jones (2011) to include sustainability in the paramountcy clause as a way of rectifying the current disregard for social justice issues in the engineering codes. That proposal builds on a certain notion of sustainability that includes social justice as one of its dimensions and claims that social justice is a necessary condition for sustainability, not vice versa. The relationship between these concepts is discussed, and the original proposal is rejected. Drawing on insights developed throughout the paper, some suggestions are made as to how one should address the different requirements that theory and practice demand of the value taxonomy of professional codes of ethics.

Exploring Social Justice in Mixed/Divided Cities: From Local to Global Learning.

Science.gov (United States)

Shdaimah, Corey; Lipscomb, Jane; Strier, Roni; Postan-Aizik, Dassi; Leviton, Susan; Olsen, Jody

University of Haifa and the University of Maryland, Baltimore faculty developed a parallel binational, interprofessional American-Israeli course which explores social justice in the context of increasing urban, local, and global inequities. This article describes the course's innovative approach to critically examine how social justice is framed in mixed/divided cities from different professional perspectives (social work, health, law). Participatory methods such as photo-voice, experiential learning, and theatre of the oppressed provide students with a shared language and multiple media to express and problematize their own and others' understanding of social (in)justice and to imagine social change. Much learning about "self" takes place in an immersion experience with "others." Crucial conversations about "the other" and social justice can occur more easily within the intercultural context. In these conversations, students and faculty experience culture as diverse, complex, and personal. Students and faculty alike found the course personally and professionally transformative. Examination of social justice in Haifa and Baltimore strengthened our appreciation for the importance of context and the value of global learning to provide insights on local challenges and opportunities. Copyright © 2016 Icahn School of Medicine at Mount Sinai. Published by Elsevier Inc. All rights reserved.

Contemporary Issues of Social Justice: A Focus on Race and Physical Education in the United States.

Science.gov (United States)

Harrison, Louis; Clark, Langston

2016-09-01

Ongoing events in the United States show the continual need to address issues of social justice in every social context. Of particular note in this article, the contemporary national focus on race has thrust social justice issues into the forefront of the country's conscious. Although legal segregation has ran its course, schools and many neighborhoods remain, to a large degree, culturally, ethnically, linguistically, economically, and racially segregated and unequal (Orfield & Lee, 2005). Even though an African American president presently occupies the White House, the idea of a postracial America remains an unrealized ideal. Though social justice and racial discussions are firmly entrenched in educational research, investigations that focus on race are scant in physical education literature. Here, we attempt to develop an understanding of social justice in physical education with a focus on racial concerns. We purposely confine the examination to the U.S. context to avoid the dilution of the importance of these issues, while recognizing other international landscapes may differ significantly. To accomplish this goal, we hope to explicate the undergirding theoretical tenants of critical race theory and culturally relevant pedagogy in relation to social justice in physical education. Finally, we make observations of social justice in the physical education and physical education teacher education realms to address and illuminate areas of concern.

Theorizing Time in Abortion Law and Human Rights.

Science.gov (United States)

Erdman, Joanna N

2017-06-01

The legal regulation of abortion by gestational age, or length of pregnancy, is a relatively undertheorized dimension of abortion and human rights. Yet struggles over time in abortion law, and its competing representations and meanings, are ultimately struggles over ethical and political values, authority and power, the very stakes that human rights on abortion engage. This article focuses on three struggles over time in abortion and human rights law: those related to morality, health, and justice. With respect to morality, the article concludes that collective faith and trust should be placed in the moral judgment of those most affected by the passage of time in pregnancy and by later abortion-pregnant women. With respect to health, abortion law as health regulation should be evidence-based to counter the stigma of later abortion, which leads to overregulation and access barriers. With respect to justice, in recognizing that there will always be a need for abortion services later in pregnancy, such services should be safe, legal, and accessible without hardship or risk. At the same time, justice must address the structural conditions of women's capacity to make timely decisions about abortion, and to access abortion services early in pregnancy.

Trying to restore justice: bureaucracies, risk management, and disciplinary boundaries in New Zealand criminal justice.

Science.gov (United States)

Fox, Kathryn J

2015-05-01

New Zealand is well known for its restorative justice conferences in the youth justice system. However, restorative justice has yet to overwhelm the adult criminal justice system. Based on interviews in New Zealand with correctional staff, restorative justice providers, and others, this article explores the reason for the modest inroads that restorative practice has made, and suggests that the general context may explain the limits of restorative justice in other places. The article argues that bureaucratic silos make it challenging to determine if restorative practice might fit within a rehabilitation or reintegration framework. In addition, because of the dominance of psychological modes for assessing and treating criminal behavior, an overarching preoccupation with risk management orients correctional practice toward treatment. Moreover, restorative justice's affiliation with victims' perspectives has made its placement within offender reintegration difficult to imagine. Finally, the penal populism that frames correctional practice in New Zealand, and other Anglophone countries, makes alternative to punishment harder to sell. However, the current liminal state of correctional practice creates an opportunity to conceive of more humanistic ways of repairing the harm caused by crime. © The Author(s) 2013.

Using research to improve access to justice around the world | IDRC ...

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

2017-03-07

Mar 7, 2017 ... a group of women protesting for their right to a better life ... Research projects often last two to three years, and in many cases involve testing of ... and training on how land tenure, governance, and justice structures work. ... A new project is now building on these results, enhancing respect for rights in this ...

Juvenile justice in cameroon 50 years after independence ; what ...

African Journals Online (AJOL)

AZERTY

justice in criminal matters. 6. The above ... For a fine understanding of the above laws, see Mukete "Rights of the Juvenile ...... appointment and duration of office, protection from external influences and the appearance of ..... education, lack of opportunities, media violence, poverty, divorce, child abuse, and other similar ...

Gender and transitional justice in Africa: Progress and prospects ...

African Journals Online (AJOL)

During the past few decades, different models of transitional justice (TJ) have developed throughout Africa to try to address the mass human rights abuses that have occurred during conflicts. These mechanisms, both judicial and nonjudicial, have often failed to adequately tackle the extensive gender-based violence that ...

CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE

OpenAIRE

R. Perlingeiro

2016-01-01

This study consists of a critical comparative analysis of the administrative justice systems in eighteen Latin-American signatory countries of the American Convention on Human Rights (Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, El Salvador, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, the Dominican Republic, Uruguay, and Venezuela). According to this article, the excessive litigation in Latin-American courts that has seriously hampered the effectivenes...

[Impact of the economic crisis on the right to a healthy diet. SESPAS report 2014].

Science.gov (United States)

Antentas, Josep Maria; Vivas, Esther

2014-06-01

The present article analyzes the impact of the economic crisis on food consumption in Spain, the most affected social profiles, and the consequences of changing patterns of food consumption on health. This article is based on official reports and previous empirical studies. The crisis has affected diet and food consumption. Families are attempting to spend less money on food. Food insecurity is rising and the most affected groups are those spending a higher proportion of their income on food. Cuts in food spending run parallel with unhealthy eating habits that encourage obesity. Consequently, the crisis contributes to undermining the right to a healthy diet, recognized by the International Covenant on Economic, Social and Cultural Rights of the United Nations. Copyright © 2013 SESPAS. Published by Elsevier Espana. All rights reserved.

Juvenile Justice

OpenAIRE

International Child Development Centre

1998-01-01

The third Innocenti Digest deals with the main issues connected with children and young people coming into conflict with the law and contact with the justice system. It looks at standards and problems from arrest through to the court hearing and sentencing, use of custodial measures and ways of avoiding the child’s unnecessary and counter-productive involvement with the formal justice system. It also covers prevention questions. Like previous publications in the series, it contains practical ...

Integrating HIV & AIDS education in pre-service mathematics education for social justice

Directory of Open Access Journals (Sweden)

Linda van Laren

2011-01-01

Full Text Available Since 1999, many South African education policy documents have mandated integration of HIV & AIDS education in learning areas/disciplines. Policy document research has shown that although South African politicians and managers have produced volumes of eloquent and compelling legislation regarding provision for HIV & AIDS education, little of this is translated into action. The impact of HIV & AIDS permeates the social, economic and political arenas in South Africa. Integration of HIV & AIDS education across disciplines can serve as a strategy to further the ideals of social justice. This paper focuses on how integration in the teaching and learning of Mathematics Education provides opportunities to take action for social justice. The inquiry explores the following question: How can the myth that there is 'nothing we can do' about HIV & AIDS, which is linked to social justice issues, be addressed through integration of HIV & AIDS education in Mathematics pre-service teacher education? Drawing on self-study, the work of a Mathematics teacher educator who worked with pre-service teachers to integrate HIV & AIDS education at a higher education institution is described. By considering integration of HIV & AIDS education in Mathematics Education and taking action it is possible to develop strategies which directly relate to social justice.

Overcoming Misinterpretation and Irrationality: Doing Ethics at the Intersection of Social Justice, Liberation, and Civil/Human Rights

Science.gov (United States)

Ross, Rosetta E.

2012-01-01

Historian of religions Charles Long uses the term "American cultural language" to identify discursive challenges to democracy and social justice in the Unites States. The American cultural language, Long says, is the "misinterpretation" of humanness and freedom conveyed when the term "American"--used to signify…

THE ADMINISTRATIVE JUSTICE IN SPAIN: CURRENT SITUATION AND CHALLENGES

Directory of Open Access Journals (Sweden)

R.J. Sánchez

2016-01-01

Full Text Available Since the Spanish Constitution of 1978 there has been a full and effective administrative justice. The citizens have the possibility to request a judicial review of decisions taken by the public Administrations, while being either the owners of a subjective right or of a legitimate interest. The interim judicial protection is not limited to the suppression of the act or general provision and the Courts are invested with direct powers to enforce their sentences. However, different problematic issues about the inactivity of the public Administrations and the enforcement of sentences are the new challenges to ensure the administrative justice. To this it must be added that there are problems regarding the inefficient work of Courts.

The Justiciability Of Socio-Economic Rights In Indonesia: The Importance Of Ratifying The Optional Protocol To The Icescr

Directory of Open Access Journals (Sweden)

Erna Dyah Kusumawati

2014-08-01

Full Text Available Abstract This article aims to analyse how the Indonesian government complies with obligations enshrined in the International Covenant on Economic, Social, and Cultural Rights (ICESCR. Furthermore, this study will assess how the national law provides justiciability as well as redress if the violations of socio-economic rights occur. The protection of socio-economic rights in Indonesia is enshrined in the Constitution, the Human Rights Law Act, and other thematic acts; such as the Children Protection Act, Labour Act, etc. However, some violations have occurred these days both by commission and omission of the government, such as in the Lapindo and Mesuji case. These two cases show that the rights to adequate housing, work, health, healthy environment, and rights to land have been severely violated. In the case of Lapindo, the decision of the court regarding the violations of socio-economic rights was unreasonable; they did not even put the element of tort into consideration for their decision concerning the human rights norm. For the second case, the process of legal settlement is still ongoing. Thus, the government has to establish a comprehensive policy to redress the violation of the socio-economic rights as these rights are not justiciable before the national law. If national law does not provide enforcing element, citizens will have no place to file a complaint for the violation of socio-economic rights. The Optional Protocol to the (OP to the ICESCR provides individual communication to the Committee (CESCR. Reflecting from the cases of Lapindo and Mesuji, this paper will elaborate how the OP to the ICESCR guarantees the justiciability of socio-economic rights. Abstrak Artikel ini bertujuan untuk menganalisis kepatuhan pemerintah Indonesia terhadap kewajiban memenuhi hak ekonomi, sosial dan budaya (ekosob. Selain itu artikel ini akan menguji bagaimana hukum nasional menyediakan justisiabilitas termasuk ganti rugi jika pelanggaran terjadi

Victims’ Rights and the Right to Review: A Corollary of the Victim’s Pre-Trial Rights to Justice

Directory of Open Access Journals (Sweden)

Tyrone Kirchengast

2016-12-01

Full Text Available In R v Christopher Killick [2011] EWCA Crim 1608, the Criminal Division of the Court of Appeal for England and Wales gave a decision setting out the rights of a crime victim to seek review of a Crown Prosecution Service (CPS decision not to prosecute and concluded that victims have the right to seek review in such circumstances. This included a recommendation that the right to review should be made the subject of clearer procedures and guidance. This paper discusses article 10 of the Proposal for a Directive of the European Parliament and of the Council, (2011 2011/0129 (COD 18 May 2011 establishing minimum standards on the rights, support and protection of victims of crime (see article 11 Final Directive as applied in the Killick case. The paper further discusses the implementation of Killick in prosecution policy, namely in the CPS guideline on the victims’ right to review (Director of Public Prosecutions for England and Wales 2014. The right to review will be canvassed in light the existing framework of victim rights available during the pre-trial phase and, in particular, the right to private prosecution, access to counsel, and adjunctive and extra-curial rights from declarations or charters of victim rights.

Psychology and criminal justice

OpenAIRE

Adler, Joanna R.

2013-01-01

This chapter is designed to give the reader a flavour of a few areas in which psychology has been applied to criminal justice. It begins by providing some historical context and showing the development of some applications of psychology to criminal justice. The chapter is broadly split into 3 sections: Pre Trial; Trial; and Post Trial. In most of this chapter, the areas considered assess how psychology has had an influence on the law and how psychologists work within criminal justice settings...

Relationships are building blocks to social justice: Cases of biblical justice and African Ubuntu

Directory of Open Access Journals (Sweden)

Selaelo T. Kgatla

2016-10-01

Full Text Available The entire Bible is full of themes calling humans to live justly with one another and fear God who is the author of justice. The first book of the Bible, Genesis, carries the story of God’s relationship with his people. Their relationship is bound by social justice and mutual love in reciprocity. This article argues that African Ubuntu has an affinity with the Bible’s message of justice and mutual caring for one another. Ubuntu presupposes that humans were created in God’s image and indicates that characteristics such as kindness, charity, equality, love of one’s neighbours and voluntarily dispensing justice to others are present in human life. God created humans to be bound to one another in caring love, coexistence and total dependence. In today’s world, social justice requires good judgement from those who are in privileged positions to implement it.

Understanding Education for Social Justice

Science.gov (United States)

Hytten, Kathy; Bettez, Silvia C.

2011-01-01

It has become increasingly common for education scholars to claim a social justice orientation in their work. At the same time, education programs seem to be adding statements about the importance of social justice to their mission, and a growing number of teacher education programs are fundamentally oriented around a vision of social justice.…

Organizational uncertainty and stress among teachers in Hong Kong: work characteristics and organizational justice.

Science.gov (United States)

Hassard, Juliet; Teoh, Kevin; Cox, Tom

2017-10-01

A growing literature now exists examining the relationship between organizational justice and employees' experience of stress. Despite the growth in this field of enquiry, there remain continued gaps in knowledge. In particular, the contribution of perceptions of justice to employees' stress within an organizational context of uncertainty and change, and in relation to the new and emerging concept of procedural-voice justice. The aim of the current study was to examine the main, interaction and additive effects of work characteristics and organizational justice perceptions to employees' experience of stress (as measured by their feelings of helplessness and perceived coping) during an acknowledged period of organizational uncertainty. Questionnaires were distributed among teachers in seven public primary schools in Hong Kong that were under threat of closure (n = 212). Work characteristics were measured using the demand-control-support model. Hierarchical regression analyses observed perceptions of job demands and procedural-voice justice to predict both teachers' feelings of helplessness and perceived coping ability. Furthermore, teacher's perceived coping was predicted by job control and a significant interaction between procedural-voice justice and distributive justice. The addition of organizational justice variables did account for unique variance, but only in relation to the measure of perceived coping. The study concludes that in addition to 'traditional' work characteristics, health promotion strategies should also address perceptions of organizational justice during times of organizational uncertainty; and, in particular, the value and importance of enhancing employee's perceived 'voice' in influencing and shaping justice-related decisions. © The Author 2016. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oup.com.

The secret adventures of order: globalization, education and transformative social justice learning

Directory of Open Access Journals (Sweden)

Carlos Alberto Torres

Full Text Available There are many definitions of globalization, or perhaps more accurately, there are many globalizations. Discussing the four faces of globalization - globalization from above, globalization from below, the globalization of human rights, and the globalization of the war against terrorism - and their impacts on education and learning, this article offers an analysis of neoliberal globalization and how "competition-based reforms" affected educational policy in K-12 and higher education. These reforms are characterized by efforts to create measurable performance standards through extensive standardized testing (the new standards and accountability movement, introduction of new teaching and learning methods leading to the expectation of better performance at low cost (e.g., universalization of textbooks, and improvements in the selection and training of teachers. Competition-based reforms in higher education tend to adopt a vocational orientation and to reflect the point of view that colleges and universities exist largely to serve the economic well-being of a society. Privatization is the final major reform effort linked to neoliberal globalization and perhaps the most dominant. As an alternative, the article provides insights into the possibilities of employing the concept of marginality as a central construct for a model of transformative social justice learning. Following the inspiration of Paulo Freire, I argue that transformative social justice learning is a social, political and pedagogical practice which will take place when people reach a deeper, richer, more textured and nuanced understanding of themselves and their world.

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...

Engineering justice transforming engineering education and practice

CERN Document Server

Leydens, Jon A

2018-01-01

Using social justice as a catalyst for curricular transformation, Engineering Justice presents an examination of how politics, culture, and other social issues are inherent in the practice of engineering. It aims to align engineering curricula with socially just outcomes, increase enrollment among underrepresented groups, and lessen lingering gender, class, and ethnicity gaps by showing how the power of engineering knowledge can be explicitly harnessed to serve the underserved and address social inequalities. This book is meant to transform the way educators think about engineering curricula through creating or transforming existing courses to attract, retain, and motivate engineering students to become professionals who enact engineering for social justice. Engineering Justice offers thought-provoking chapters on: why social justice is inherent yet often invisible in engineering education and practice; engineering design for social justice; social justice in the engineering sciences; social justice in human...

Violence Prevention, Access to Justice, and Economic ...

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

Women and inequality in Latin America Women's economic empowerment and the reduction of violence against women have become urgent priorities in the political and social agendas of Latin American countries. This is particularly true given ... Equidad de Género: Ciudadanía, Trabajo y Familia, A.C.. Pays d' institution.

On Thomas Pogge’s Theory of Global Justice. Why We Are Not Collectively Responsible for the Global Distribution of Benefits and Burdens between Individuals

DEFF Research Database (Denmark)

Midtgaard, Søren Flinch

2012-01-01

Thomas Pogge’s ingenious and influential Rawlsian theory of global justice asserts that principles of justice such as the difference principle or, alternatively, a universal criterion of human rights consisting of a subset of the principles of social justice apply to the global basic structure...

The political economy of dignity: monitoring the advancement of socio-economic human rights in a globalized economy

NARCIS (Netherlands)

Biermans, M.

2005-01-01

The dichotomy between political and socio-economic rights has been subject to criticism ever since the proclamation of the Universal Declaration of Human Rights, almost sixty years ago. The declaration itself leaves little doubt regarding the interconnectedness between both types of human rights.

Social Justice Praxis in Education: Towards Sustainable Management Strategies

Science.gov (United States)

van Deventer, Idilette; van der Westhuizen, Philip C.; Potgieter, Ferdinand J.

2015-01-01

Social justice, defined as an impetus towards a socially just educational world, is based on the assumption that all people, irrespective of belief or societal position, are entitled to be treated according to the values of human rights, human dignity and equality. Diverging from the classical positivist approach in social science research that…

Kingdom, covenant, and human rights

Directory of Open Access Journals (Sweden)

Koos Vorster

2017-07-01

Full Text Available This research revisits the idea of a Christian perspective on human rights. Departing from a hermeneutics of trust, this article considers the concept of human rights from the perspective of revelation history. Revelation history departs from the consent of the parts of Scripture, irrespective of differences in dating, original languages, canonical differentiation, cultural, social and historical contexts. Scripture offers a theological unity consisting of various topics which are developed continuing and purposeful throughout the biblical revelation. Two of the major topics in Scripture as they are revealed by a revelation historical survey are the concepts kingdom of God and the covenant of God with God’s people. In this article these two concepts will be used as a foundation for a Christian theory of human rights both as legal human rights and moral human rights. The central theoretical argument of this investigation is that both the concepts kingdom and covenant are essentially about justice and relationships – the justice of the kingdom and the relation between God and humankind, the relation between people and the relation between humans and creation. These relations are the essence of the rights people have, vis-à-vis the authority of the day and other people. These rights, which deal with the orderly maintenance of relationships, can be formalised in legal human rights and should be nurtured and protected by the civil authorities. Christians and churches as moral agents in society have the calling to promote the idea of human rights in constitutional democracies.

Misery loves company: team dissonance and the influence of supervisor-focused interpersonal justice climate on team cohesiveness.

Science.gov (United States)

Stoverink, Adam C; Umphress, Elizabeth E; Gardner, Richard G; Miner, Kathi N

2014-11-01

The organizational justice literature has examined the effects of supervisor-focused interpersonal justice climate, or a team's shared perception of the dignity and respect it receives from its supervisor, on a number of important outcomes directed at organizational authorities. Considerably less is known about the potential influence of these shared perceptions on coworker-directed outcomes. In 2 experiments, we predict that a low (unfair) supervisor-focused interpersonal justice climate generates greater team cohesiveness than a high (fair) supervisor-focused interpersonal justice climate. We further examine the process through which this effect occurs. Drawing from cognitive dissonance theory, we predict that low (vs. high) supervisor-focused interpersonal justice climate generates greater team dissonance, or shared psychological discomfort, for team members and that this dissonance serves as an underlying mechanism through which supervisor-focused interpersonal justice climate influences a team's cohesiveness. Our results demonstrate support for these predictions in that low supervisor-focused interpersonal justice climate led to higher levels of both team dissonance and team cohesiveness than did high supervisor-focused interpersonal justice climate, and team dissonance mediated this relationship. Implications and areas for future research are discussed. (PsycINFO Database Record (c) 2014 APA, all rights reserved).

A Poggean passport for fairness? Why Rawls’ Theory of Justice did not become global

Directory of Open Access Journals (Sweden)

Shmuel Nili

2010-11-01

Full Text Available Thomas Pogge has been challenging liberal thinking on global politics, often through critical engagement with John Rawls’ work. Pogge presents both normative and empirical arguments against Rawls: normatively, Rawls’ domestic Theory of Justice (TJ and global Law of Peoples (LP are incompatible ideal theories; empirically, LP is too removed from the actual world to guide the foreign policy of liberal societies. My main purpose here is to contest the first, ideal theory criticism in order to direct more attention to the second, non-ideal objection. I argue against Pogge that TJ and LP can be read as coherent, once one employs a Rousseauian rather than Pogge's economic Kantian reading of TJ. The first two sections present Pogge's view of TJ and contrast it with a Rousseauian alternative that is less cosmopolitan and economic and much more focused on the democratic and sovereign context of justice as fairness. The third section seeks to refute Pogge's incoherence arguments, which encompass the identity of the parties to the international original position, their motivations and their decisions. Instead of a conclusion, the last section emphasizes LP's non-ideal problems, and suggests that insofar as LP is the most robust liberal ideal theory of global politics, its empirical failure indicates the need to shift global justice theorizing even more to the non-ideal realm.

Indigenous Australians, Intellectual Disability and Incarceration: A Confluence of Rights Violations

Directory of Open Access Journals (Sweden)

Claire E. Brolan

2018-02-01

Full Text Available Abstract: This article reviews the health and wellbeing of Aboriginal and Torres Strait Islander Australians with intellectual disability in the Australian prison system through a human rights lens. There is an information gap on this group of Australian prisoners in the health and disability literature and the multi-disciplinary criminal law and human rights law literature. This article will consider the context of Indigenous imprisonment in Australia and examine the status of prisoner health in that country, as well as the status of the health and wellbeing of prisoners with intellectual disability. It will then specifically explore the health, wellbeing and impact of imprisonment on Indigenous Australians with intellectual disability, and highlight how intersectional rights deficits (including health and human rights deficits causally impact the ability of Indigenous Australians with intellectual disability to access due process, equal recognition and justice in the criminal justice and prison system. A central barrier to improving intersectional and discriminatory landscapes relating to health, human rights and justice for Indigenous Australian inmates with intellectual disability, and prisoners with intellectual disability more broadly in the Australian context, is the lack of sufficient governance and accountability mechanisms (including Indigenous-led mechanisms to enforce the operationalisation of consistent, transparent, culturally responsive, rights-based remedies.

Everyday suffering outside prison walls: a legacy of community justice in post-genocide Rwanda.

Science.gov (United States)

Rutayisire, Théoneste; Richters, Annemiek

2014-11-01

Twenty years after the 1994 genocide, Rwanda shows all indications of moving quickly towards socio-economic prosperity. Rwanda's community justice system, Gacaca, was to complement this prosperity by establishing peace and stability through justice, reconciliation and healing. Evaluations of the Gacaca courts' achievements from 2002 to 2012 have had widely differing conclusions. This article adds to previous evaluations by drawing attention to specific forms of relatively neglected suffering (in literature and public space) that have emerged from the Gacaca courts or were amplified by these courts and jeopardize Gacaca's objectives. The ethnographic study that informs the article was conducted in southeastern Rwanda from September 2008-December 2012 among 19 ex-prisoners and 24 women with husbands in prison including their family members, friends and neighbors. Study findings suggest that large scale imprisonment of genocide suspects coupled with Gacaca court proceedings have tainted the suffering of ex-prisoners and women with imprisoned husbands in unique ways, which makes their plight unparalleled in other countries. We argue that the nature and scale of this suffering and the potentially detrimental impact on families and communities require humanitarian action. However, in Rwanda's post-genocide reality, the suffering of these two groups is overwhelmed by that of other vulnerable groups, such as genocide survivors and orphaned children; hence it is rarely acknowledged. Copyright © 2014 Elsevier Ltd. All rights reserved.

Urban Blue Space and “The Project of the Century”: Doing Justice on the Seattle Waterfront and for Local Residents

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Anne Taufen Wessells

2014-10-01

Full Text Available Urban blue space is increasingly embraced by cities as a specific and valuable genre of public space, valued for its economic, symbolic and experiential place attributes and essential to sustainable urban development. This article takes up the concept of urban blue space from a design perspective, extending and exploring it through a critical social science lens. Using the reconfiguration and redesign of the central Seattle waterfront as a case example, the idea of “doing justice” is enlisted to examine not just the design opportunities and formal characteristics of the site, but also the patterns of privilege, access and regional socio-ecological equity that are raised through its redesign. After situating the extraordinary design opportunity presented by this iconic urban blue space, and the imperative to do justice to the waterfront’s physical situation, the article presents the site from four additional and discrete perspectives: economic justice, environmental justice, social justice and tribal justice. By thus foregrounding the urban political ecology of the waterfront, the article demonstrates that the most important challenge of the site’s redevelopment is not technological, financial or administrative, although these are real, and significant challenges, but rather, the need to construct a place that works to counter established patterns of local and regional injustice. In Seattle as in other coastal port cities, urban blue space is a shared public and environmental good, with unique and demanding governance responsibilities for its conceptualization and sustainable development.

The Multi-Layered Crisis - Impacts on People's Rights in Asia and Europe

DEFF Research Database (Denmark)

Schmidt, Johannes Dragsbæk

Invited key-note speech for the Roundtable on "Challenges to participatory democracy and human rights in the globalized market" at the 7th Asia-Europe People's Forum "For Social and Ecological Justice" in Beijing, China 13-15 October 2008......Invited key-note speech for the Roundtable on "Challenges to participatory democracy and human rights in the globalized market" at the 7th Asia-Europe People's Forum "For Social and Ecological Justice" in Beijing, China 13-15 October 2008...

Environmental Justice, Place and Nuclear Fuel Waste Management in Canada

International Nuclear Information System (INIS)

Kuhn, Richard G.

2006-01-01

The purpose of this paper is to outline the basis of a Nuclear Fuel Waste management strategy for Canada, taking into account the unique legal tenets (Aboriginal rights; federal - provincial jurisdiction) and the orientation that the Nuclear Waste Management Organization (NWMO) has taken to date. The focus of the paper are grounded in notions of environmental justice. Bullard's definition provides a useful guideline: 'the fair treatment and meaningful involvement of all people regardless of race, colour, national origin or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies'. The overriding concern is to work towards a process that is inclusive and just. Prior to developing a specific strategy to site a NFW disposal facility, we maintain that the NWMO needs to first address three fundamental issues: Expand its mandate to include the future of nuclear energy in Canada; Provide an inclusive role for First Nations (Aboriginal people) in all stages of the process; Adhere to the requirement of specifying an economic region and deal more overtly with the transportation of NF

Environmental Justice, Place and Nuclear Fuel Waste Management in Canada

Energy Technology Data Exchange (ETDEWEB)

Kuhn, Richard G. [Univ. of Guelph (Canada). Dept. of Geography; Murphy, Brenda L. [Wilfrid Launer Univ., Brantford (Canada)

2006-09-15

The purpose of this paper is to outline the basis of a Nuclear Fuel Waste management strategy for Canada, taking into account the unique legal tenets (Aboriginal rights; federal - provincial jurisdiction) and the orientation that the Nuclear Waste Management Organization (NWMO) has taken to date. The focus of the paper are grounded in notions of environmental justice. Bullard's definition provides a useful guideline: 'the fair treatment and meaningful involvement of all people regardless of race, colour, national origin or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies'. The overriding concern is to work towards a process that is inclusive and just. Prior to developing a specific strategy to site a NFW disposal facility, we maintain that the NWMO needs to first address three fundamental issues: Expand its mandate to include the future of nuclear energy in Canada; Provide an inclusive role for First Nations (Aboriginal people) in all stages of the process; Adhere to the requirement of specifying an economic region and deal more overtly with the transportation of NF.

Social justice in pandemic preparedness.

Science.gov (United States)

DeBruin, Debra; Liaschenko, Joan; Marshall, Mary Faith

2012-04-01

Pandemic influenza planning in the United States violates the demands of social justice in 2 fundamental respects: it embraces the neutrality of procedural justice at the expense of more substantive concern with health disparities, thus perpetuating a predictable and preventable social injustice, and it fails to move beyond lament to practical planning for alleviating barriers to accessing care. A pragmatic social justice approach, addressing both health disparities and access barriers, should inform pandemic preparedness. Achieving social justice goals in pandemic response is challenging, but strategies are available to overcome the obstacles. The public engagement process of one state's pandemic ethics project influenced the development of these strategies.

Income, Wealth and Health Inequalities — A Scottish Social Justice Perspective

Directory of Open Access Journals (Sweden)

Elspeth Molony

2016-04-01

Full Text Available This paper considers health inequalities through a social justice perspective. The authors draw on a variety of existing sources of evidence, including experiential, scientific and contextual knowledge. The authors work with NHS Health Scotland, a national Health Board working to reduce health inequalities and improve health. Working closely with the Scottish Government and with a variety of stakeholders across different sectors, NHS Health Scotland’s vision for a fairer, healthier Scotland is founded on the principles of social justice. The paper takes social justice as the starting point and explores what it means for two interlinked paradigms of social injustice—health inequality and income inequality. Utilising the wealth of evidence synthesised by NHS Health Scotland as well as drawing on the writings and evidence of philosophers, epidemiologists, the Scottish Government and international bodies, the authors explore the links between income and wealth inequality, social justice, the right to health and health inequalities. The paper ends by considering the extent to which there is appetite for social change in Scotland by considering the attitudes of the people of Scotland and of Britain to poverty, inequality and welfare.

Income, Wealth and Health Inequalities — A Scottish Social Justice Perspective

Science.gov (United States)

Molony, Elspeth; Duncan, Christine

2016-01-01

This paper considers health inequalities through a social justice perspective. The authors draw on a variety of existing sources of evidence, including experiential, scientific and contextual knowledge. The authors work with NHS Health Scotland, a national Health Board working to reduce health inequalities and improve health. Working closely with the Scottish Government and with a variety of stakeholders across different sectors, NHS Health Scotland's vision for a fairer, healthier Scotland is founded on the principles of social justice. The paper takes social justice as the starting point and explores what it means for two interlinked paradigms of social injustice—health inequality and income inequality. Utilising the wealth of evidence synthesised by NHS Health Scotland as well as drawing on the writings and evidence of philosophers, epidemiologists, the Scottish Government and international bodies, the authors explore the links between income and wealth inequality, social justice, the right to health and health inequalities. The paper ends by considering the extent to which there is appetite for social change in Scotland by considering the attitudes of the people of Scotland and of Britain to poverty, inequality and welfare. PMID:29546160

Judicialização da saúde, acesso à justiça e a efetividade do direito à saúde Judicialization of the right to health, access to justice and the effectiveness of the right to health

Directory of Open Access Journals (Sweden)

Miriam Ventura

2010-01-01

June 2007 to July 2008, entered at Rio de Janeiro State Court of Appeals. It appears that the medical drug prescription, the economic conditions of the applicants and the urgency of access to medicines are the main factual basis of judicial sentences examined, which determine the supply of medicines as required by the authors. Finally, it concludes that the effectiveness of the right to health requires a set of policy and broader government actions, and not merely formal and restrictive court orders. The individual's claims cannot be considered as the main deliberative instrument in the management of pharmaceutical care in the Brazilian Health System, but accepted as an important element in the decision making of managers and, often, in the improvement of the access to medicines under National Health System. In the Brazilian democratic context, the judicialization can express demands and modes of action of citizens and legitimate institutions. Thus, the main challenge is to make policy and social strategies orchestrated with other mechanisms and instruments of democratic security, to improve health and justice systems in order to give effectiveness to the right to health.

Involvement in the US criminal justice system and cost implications for persons treated for schizophrenia

Directory of Open Access Journals (Sweden)

Faries Douglas E

2010-01-01

Full Text Available Abstract Background Individuals with schizophrenia may have a higher risk of encounters with the criminal justice system than the general population, but there are limited data on such encounters and their attendant costs. This study assessed the prevalence of encounters with the criminal justice system, encounter types, and the estimated cost attributable to these encounters in the one-year treatment of persons with schizophrenia. Methods This post-hoc analysis used data from a prospective one-year cost-effectiveness study of persons treated with antipsychotics for schizophrenia and related disorders in the United States. Criminal justice system involvement was assessed using the Schizophrenia Patients Outcome Research Team (PORT client survey and the victimization subscale of the Lehman Quality of Life Interview (QOLI. Direct cost of criminal justice system involvement was estimated using previously reported costs per type of encounter. Patients with and without involvement were compared on baseline characteristics and direct annual health care and criminal justice system-related costs. Results Overall, 278 (46% of 609 participants reported at least 1 criminal justice system encounter. They were more likely to be substance users and less adherent to antipsychotics compared to participants without involvement. The 2 most prevalent types of encounters were being a victim of a crime (67% and being on parole or probation (26%. The mean annual per-patient cost of involvement was $1,429, translating to 6% of total annual direct health care costs for those with involvement (11% when excluding crime victims. Conclusions Criminal justice system involvement appears to be prevalent and costly for persons treated for schizophrenia in the United States. Findings highlight the need to better understand the interface between the mental health and the criminal justice systems and the related costs, in personal, societal, and economic terms.

Learners' and teachers' perceptions of principals' leadership in Soweto secondary schools: a social justice analysis

Directory of Open Access Journals (Sweden)

Patrick Mafora

2013-01-01

Full Text Available The legislative framework for education in South Africa enforces the democratisation and transformation of education consistent with the values of human dignity, equity, human rights, and freedom. As ex officio members of School Governing Bodies (SGBs and professional managers of schools, principals should play a pivotal role in providing transformative leadership for social justice in these schools. The purpose of this study was to examine, through a social justice framework, how teachers and learners who are SGB members perceive and experience the principals' leadership in Soweto secondary schools. Five schools were purposefully sampled for this qualitative case study. Data were collected through semi-structured focus group interviews and follow-up individual interviews. Findings suggest that learners and teachers experience sampled schools as democratically untransformed with a climate fraught with unfairness, inequity, disregard for human rights, and intolerance of diversity. The leadership behaviour of principals is perceived as a barrier to democratic transformation and social justice and this engenders resistance and threatens management effectiveness.

Punishment, Democracy and Transitional Justice in Argentina (1983-2015

Directory of Open Access Journals (Sweden)

Diego Arturo Zysman Quirós

2017-03-01

Full Text Available Latin America has neither suffered the majority of mass atrocities in the contemporary world nor the worst of them but, after a sustained period of transition to democracy, it holds the record for the most domestic trials for human rights abuses. Argentina is an emblematic case in Latin America and the world. Due to the early development of its human rights trials, their social impact and their scale, it has a leading role in what is known as ‘the justice cascade’. Until recently, leading scholars in sociology of punishment have studied the penality of ‘ordinary crimes’ through causally deep and global narratives largely from the perspective of the Global North. State crimes and regional paths of transitional justice have been neglected in their accounts. This paper will question this state of affairs – or ‘parallelism’ – through an exploration of the punishment of both ‘common crimes’ and ‘state crimes’ in Argentina, thus contributing to the growing body of scholarship on southern criminology.

Radical Right-Wing Parties in Former Communist Countries: Challenges to Liberal Democracy or a Socio-Economic Protest?

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Vedran Obućina

2011-01-01

Full Text Available Economic and social crises provide an opportunity for protest parties to raise their voices and to win new positions in the political arena. Many analysts deem that the parties of the radical Right gained momentum exactly with the protests by citizens against globalisation, economic deprivation and the impact of the economic crisis. A more detailed study of the radicalisation of politics reveals that the simplification of this thesis does not have a particularly strong justification. In the absence of clear methodologies, political scientists and other social scientists seek to formulate theories based on empirical research. One of the frequent theoretical frameworks is the attitude of populist parties toward the socio-economic situation in the country. According to this thesis, in the period of a global crisis, the percentage of voters of radical political options increases, mostly out of protest, and not as an anti-systemic phenomenon. This paper also examines the situation in Central Europe, as well as the outcomes of this year's elections in Hungary, Latvia and Slovakia as countries with a strong radical Right. By analysing the cases of these countries, the author seeks to establish whether the socio-economic theory can be applied, or whether these countries are facing greater challenges to liberal democracy posed by the far-right pole.

Land Reform in the Republic of South Africa: Social Justice or Populism?

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Żukowski Arkadiusz

2017-06-01

Full Text Available In the paper land reform in South African political discourse will be investigated, especially the process of its politicization. How the topic of land reform is used by political forces, especially the ruling party; the African National Congress and current President Jacob Zuma. Does the Republic of South Africa take a populist turn on land reform or is it some kind of social justice after the suppression of the apartheid era and decades before? The political disputes and decisions will be analysed in confrontations with the fundamentals and values of a democratic state as a guarantee of property rights, private ownership and free market principles (dilemma of the problem of willing buyer - willing seller. It will be necessary to present the historical background of land problem in the RSA. The problem will be investigated in connection with the socio-economic situation of the RSA. The study will also tackle the problem of social and economic inequality from the perspective of politics. In the paper, a mix of primary and secondary research methods of data collection and analysing will be used. Theoretical framework will be based on assumptions of political discourse and the paradigm of “classic” land reform.

A Research Framework for Understanding the Practical Impact of Family Involvement in the Juvenile Justice System: The Juvenile Justice Family Involvement Model.

Science.gov (United States)

Walker, Sarah Cusworth; Bishop, Asia S; Pullmann, Michael D; Bauer, Grace

2015-12-01

Family involvement is recognized as a critical element of service planning for children's mental health, welfare and education. For the juvenile justice system, however, parents' roles in this system are complex due to youths' legal rights, public safety, a process which can legally position parents as plaintiffs, and a historical legacy of blaming parents for youth indiscretions. Three recent national surveys of juvenile justice-involved parents reveal that the current paradigm elicits feelings of stress, shame and distrust among parents and is likely leading to worse outcomes for youth, families and communities. While research on the impact of family involvement in the justice system is starting to emerge, the field currently has no organizing framework to guide a research agenda, interpret outcomes or translate findings for practitioners. We propose a research framework for family involvement that is informed by a comprehensive review and content analysis of current, published arguments for family involvement in juvenile justice along with a synthesis of family involvement efforts in other child-serving systems. In this model, family involvement is presented as an ascending, ordinal concept beginning with (1) exclusion, and moving toward climates characterized by (2) information-giving, (3) information-eliciting and (4) full, decision-making partnerships. Specific examples of how courts and facilities might align with these levels are described. Further, the model makes predictions for how involvement will impact outcomes at multiple levels with applications for other child-serving systems.

Justice as Europe's Signifier

NARCIS (Netherlands)

Roy, Suryapratim; Kochenov, Dimitry; de Burca, Grainne; Williams, Andrew

2015-01-01

Drawing on the fact that justice is never explained in European legal discourse, but is used in conjunction with other principles and institutional decisions, this contribution argues that justice is used as a rhetorical tool to provide legitimacy to such principles and decisions. An analogous

28 CFR 0.92 - National Institute of Justice.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false National Institute of Justice. 0.92 Section 0.92 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE 1-Office of Justice Programs and Related Agencies § 0.92 National Institute of Justice. The National...

The ECOWAS Court and the Politics of Access to Justice in West Africa

African Journals Online (AJOL)

Although the creation of the ECOWAS Community Court of Justice (ECJ) was approved in 1991 in pursuant to the provisions of Articles 6 and 15 of the 1993 Revised Treaty of the Economic Community of West African States, it was only set up a decade later in 2001. By utilising a content-analysis method, in addition to ...

The Browser War: An Ethical Analysis of the Struggle between Microsoft and the U.S. Department of Justice.

Science.gov (United States)

Meier, Dennis

1999-01-01

Examines two ethical questions regarding the ongoing antitrust battle between the U.S. Department of Justice and Microsoft Corporation using traditional rights-based ethical theory, utilitarianism, and John Rawls's principles of justice. Concludes that it is neither good nor fair for a company having a near-monopoly over a market to sell products…

The Geography of Justice: Assessing Local Justice in Colombia’s Post-Conflict Phase

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Mauricio García-Villegas

2015-07-01

Full Text Available This article combines descriptive empirical research with theoretical reflections to offer policy guidelines on what the role of local justice institutions in Colombia’s post-conflict phase should be. The article is divided into two parts. In the first, we present empirical evidence to illustrate the ways in which justice operates differently across the territory. In addition to illustrating these disparities, we also demonstrate the connection between these disparities and some phenomena relevant to understanding the Colombian conflict. Based on these findings, the second part of this article defines the state-building challenge confronted by the Colombian State during the post-conflict phase. Following this part, we propose a solution to this state-building challenge: the State must adopt a combination of efficacy and justice, and we provide guidelines on how a post-conflict justice system can operate to achieve that combination.

Justice et miséricorde

OpenAIRE

Heyer, René

2012-01-01

On n’imagine pas de justice sans possibilité de faire miséricorde ; inversement, une miséricorde qui ne tiendrait pas compte de la justice ne serait plus la miséricorde. Les deux notions sont liées, mais sur un socle inégal : car la justice inspirée par la loi naturelle déborde la justice positive, de même que la misère des miséreux ne se laisse pas ramener au mal commis par le misérable. En découlent des variations où l’on peut voir se profiler trois moments : 1. La loi coutumière est bouscu...

A comparison of justice frameworks for international research.

Science.gov (United States)

Pratt, Bridget; Loff, Bebe

2015-07-01

Justice frameworks have been developed for international research that provide guidance on the selection of research targets, ancillary care, research capacity strengthening, and post-trial benefits. Yet there has been limited comparison of the different frameworks. This paper examines the underlying aims and theoretical bases of three such frameworks--the fair benefits framework, the human development approach and research for health justice--and considers how their aims impact their guidance on the aforementioned four ethical issues. It shows that the frameworks' underlying objectives vary across two dimensions. First, whether they seek to prevent harmful or exploitative international research or to promote international research with health benefits for low and middle-income countries. Second, whether they address justice at the micro level or the macro level. The fair benefits framework focuses on reforming contractual elements in individual international research collaborations to ensure fairness, whereas the other two frameworks aim to connect international research with the reduction of global health inequities. The paper then highlights where there is overlap between the frameworks' requirements and where differences in the strength and content of the obligations they identify arise as a result of their varying objectives and theoretical bases. In doing so, it does not offer a critical comparison of the frameworks but rather seeks to add clarity to current debates on justice and international research by showing how they are positioned relative to one another. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Economic management in neo-colonial states : a case study of Cameroon

NARCIS (Netherlands)

Jua, N.

1990-01-01

This study examines the economic management strategies adopted by the Government of Cameroon. Economic planning in Cameroon has been anchored to the principles of planned liberalism, self-reliant development, balanced development and social justice. These concepts are elaborated and it is shown that

Insane defendants and forensic convicts: before and after the onset of the new forensic psychiatry network and the criminal justice system reform in Chile.

Science.gov (United States)

Cid, Rodrigo D

2010-09-01

Like other Latin American democratic societies, Chile is supposed to respect legal rights of mentally ill people who are in trouble with the law, and provide them protection, treatment and welfare. Therefore, in this decade, the Chilean Criminal Justice and Mental Health System has undergone significant changes. Because this article is related to the recent social features that involve different areas such as justice, mental health assistance and forensic psychiatry systems, and thereby the nonexistence of current literature that reviews this matter from a global perspective and its implications for the mental health population involved in the justice system, its review and analysis seems to be interesting. The 'New Forensic Psychiatry Network' (NFPN) has been putting in relevant efforts to offer proper treatment and forensic assessment taking into account the civil rights of mentally insane people, and the 'Criminal Justice System Reform' (CJSR) is making possible legal conditions for better justice ensuring a more just resolution of insane defendants' and mentally ill convicts' lawsuits. From the author's viewpoint, all these changes are leading to a deep cultural impact on a Chilean's mind, changing their vision of justice and how society should respect insane defendants' and mentally ill convicts' legal rights.

Humanity and Social Responsibility, Solidarity, and Social Rights.

Science.gov (United States)

Ahola-Launonen, Johanna

2016-04-01

This article discusses the suggestion of having the notion of solidarity as the foundational value for welfare scheme reforms. Solidarity is an emerging concept in bioethical deliberations emphasizing the need for value-oriented discussion in revising healthcare structures, and the notion has been contrasted with liberal justice and rights. I suggest that this contrast is unnecessary, flawed, and potentially counterproductive. As necessary as the sense of solidarity is in a society, it is an insufficient concept to secure the goals related to social responsibility. The discussion on solidarity is also based on a questionable sense of nostalgia. Furthermore, solidarity and liberal justice share essential objectives concerning welfare schemes; therefore, the question arises whether the proper comparison should in the first place be within justice and solidarity.

Restorative justice and victimology

African Journals Online (AJOL)

The growth of restorative justice has sparked debate over the future of the criminal justice system, which has historically adopted a retributive, punitive philosophy and advocated for an individualistic, treatment-orientated approach. This approach has over time failed to address the needs of crime victims, communities and.

Assessment for Social Justice: The Role of Assessment in Achieving Social Justice

Science.gov (United States)

McArthur, Jan

2016-01-01

This article provides a rationale for "assessment for social justice", through which a greater focus is given to the role of assessment in achieving the social justice aspirations of higher education. It takes inspiration from work on assessment for learning to propose that as assessment is a powerful driver of how and what students…

The Entanglement of Leadership Styles and Social Justice Leadership: A Case Study from Cyprus

Science.gov (United States)

Zembylas, Michalinos; Iasonos, Sotiroula

2016-01-01

This article focuses on the leadership styles of one principal who enacts social justice practices to benefit marginalized students, especially migrant and poor students. The context is how societal challenges and their consequences--in this case the rapid increase of immigration to Cyprus and the recent economic crisis--influence this principal's…

Organization, relational justice and absenteeism.

Science.gov (United States)

Stoetzer, Ulrich; Åborg, Carl; Johansson, Gun; Svartengren, Magnus

2014-01-01

There is a need for more knowledge on how to manage companies towards healthier and more prosperous organizations with low levels of absenteeism. Relational Justice can be a useful concept when managing such organizations. Organizational factors can help to explain why some companies have relatively low absenteeism rates, even though they are equal to other companies in many other aspects. Previous studies suggest that management may be one important factor. Efficient management may depend on good relations between the leaders and the employees. The concept of Relational Justice is designed to capture these relations. Consequently, a Relational Justice framework may be used to understand why some companies have a low incidence of absenteeism. Managers from a representative body of Swedish companies. Interviews were analyzed to explore whether the items representing the concept of Relational Justice can be used to further understand the strategies, procedures and structures that characterize organizations and management in companies with a low incidence of absenteeism. Strategies, procedures or principles related to Relational Justice were common and highlighted in companies with an incidence of absenteeism. The most frequently occurring factors were; to be treated with kindness and consideration, personal viewpoint considered and to be treated impartially. The results suggested that a Relational Justice framework could be used to increase understanding of the organizational and managerial factors typical for companies with a low incidence of absenteeism. A Relational Justice approach to organizational management may be used to successfully lower absenteeism, change organizations and promote healthy and prosperous companies.

Defendants' Rights in Criminal Trials.

Science.gov (United States)

Martin, Ralph C., II; Keeley, Elizabeth

1997-01-01

Reviews the protections afforded by the Constitution for defendants in criminal trials. These include the right to a jury trial (in cases of possible incarceration), an impartial jury, and the requirement of a unanimous verdict. Defends the use of plea bargaining as essential to an efficient criminal justice system. (MJP)

Environmental justice: An issue for states

Energy Technology Data Exchange (ETDEWEB)

Murakami, L.K.; Davis, S.; Starkey, D. [National Conference of State Legislatures, Denver, CO (United States)

1996-12-01

Environmental justice combines the social justice and the environmental movements. The very term environmental justice is often and inaccurately used interchangeably with environmental racism and environmental equity. Environmental racism refers to any policy, practice or directive, intentional or not, that differentially affects the environment of individuals, groups or communities based on their race. The concept of environmental equity holds that all populations should bear a proportionate share of environmental pollution and health risks. Environmental justice is a broader term that encompasses both these concepts and connotes the laws must be applied with fairness and impartiality. Environmental justice is defined as the achievement of equal protection from environmental and health hazards for all people regardless of race, income, culture or social class.

Environmental justice: An issue for states

International Nuclear Information System (INIS)

Murakami, L.K.; Davis, S.; Starkey, D.

1996-01-01

Environmental justice combines the social justice and the environmental movements. The very term environmental justice is often and inaccurately used interchangeably with environmental racism and environmental equity. Environmental racism refers to any policy, practice or directive, intentional or not, that differentially affects the environment of individuals, groups or communities based on their race. The concept of environmental equity holds that all populations should bear a proportionate share of environmental pollution and health risks. Environmental justice is a broader term that encompasses both these concepts and connotes the laws must be applied with fairness and impartiality. Environmental justice is defined as the achievement of equal protection from environmental and health hazards for all people regardless of race, income, culture or social class

Military Justice Study Guide

Science.gov (United States)

1990-07-01

statute within the military system, persons unfamiliar with the military justice system may find the procedure something of a paradox at first blush...Manual for Courts-Martial) Is RM Nemitafinuestlitimelf.(er- V. GRAD*: c. ORGANIZATION dDT FRPR ast eiRO t: fII) EPR LCDR/ Naval Justice School

A return to the manifest justice principle: a critical examination of the ...

African Journals Online (AJOL)

The impartiality of judges often expressed in the Latin maxim nemo iudex in propria causa interpreted to mean that no man should be a judge in his own cause together with the right of fair hearing make up the right to natural justice. This principle is recognized by a number of provisions of the Constitution of the Republic of ...

The alternative dispute resolution mechanism as a human right / Los mecanismos alternativos de solución de controversias como derecho humano

Directory of Open Access Journals (Sweden)

Egla Cornelio Landero

2014-10-01

Full Text Available Human rights are owned by the person for the simple fact of being, that all authorities within the scope of its powers, have the obligation to promote, respect, protect and ensure, in accordance with the principles of universality, interdependence, indivisibility and escalation. Second paragraph of Article 17 of the Constitution of Mexico, provides the fundamental right of access to justice and the public right that everyone has to be given to it for speedy justice courts, within the time and manner prescribed laws under principles of promptness, full and impartial justice. In the fourth paragraph of this constitutional provision since June 2008, has been recognized as a human right to access to justice, alternative dispute resolution mechanisms, which consist of negotiation, mediation, conciliation and arbitration.

South-South cooperation in health: bringing in theory, politics, history, and social justice.

Science.gov (United States)

Birn, Anne-Emanuelle; Muntaner, Carles; Afzal, Zabia

2017-10-02

Since the mid-2000s, the practice of South-South cooperation in health (SSC) has attracted growing attention among policymakers, health and foreign affairs ministries, global health agencies, and scholars from a range of fields. But the South-South label elucidates little about the actual content of the cooperation and conflates the "where" with the "who, what, how, and why". While there have been some attempts to theorize global health diplomacy and South-South cooperation generally, these efforts do not sufficiently distinguish among the different kinds of practices and political values that fall under the South-South rubric, ranging from economic and geopolitical interests to social justice forms of solidarity. In the spirit of deepening theoretical, historical, and social justice analyses of SSC, this article: (1) critically revisits international relations theories that seek to explain SSC, exploring Marxian and other heterodox theories ignored in the mainstream literature; (2) traces the historical provenance of a variety of forms of SSC; and (3) introduces the concept of social justice-oriented South-South.

Personality traits and perceptions of organisational justice.

Science.gov (United States)

Törnroos, Maria; Elovainio, Marko; Hintsa, Taina; Hintsanen, Mirka; Pulkki-Råback, Laura; Jokela, Markus; Lehtimäki, Terho; Raitakari, Olli T; Keltikangas-Järvinen, Liisa

2018-01-04

This study examined the association between five-factor model personality traits and perceptions of organisational justice. The sample for the study comprised 903 participants (35-50 years old; 523 women) studied in 2007 and 2012. Measures used were the Neuroticism, Extraversion, Openness, Five-Factor Inventory questionnaire and the short organisational justice measure. The results showed that high neuroticism was associated with low distributive, procedural and interactional justice. Furthermore, high agreeableness was associated with high procedural and interactional justice and high openness with high distributive justice. This study suggests that neuroticism, agreeableness and openness are involved in perceptions of organisational justice and that personality should be considered in research and in practices at the workplace. © 2018 International Union of Psychological Science.

Restorative Justice: A Changing Community Response

Science.gov (United States)

Ryan, Thomas G.; Ruddy, Sean

2015-01-01

Our purpose herein is to demonstrate how restorative justice continues to unfold globally and we explain how the use of a restorative justice ideology and intervention leads to a common alternative, not only in criminal justice institutions, but also within social agencies, such as elementary schools, and the related social support systems. We…

Rethinking Discussions of Justice in Educational Research: Formative Justice, Educational Liberalism, and Beyond

Science.gov (United States)

Thompson, Winston C.

2016-01-01

Background/Context: Educational research tends to borrow accounts of justice from scholarship embedded within the structures and commitments of other disciplines or fields of study. This has created a body of educational research that largely responds to the "justice" goals of those disciplines rather than education qua education.…

Use and usefulness of sustainability economics

Energy Technology Data Exchange (ETDEWEB)

Bartelmus, Peter [Bergische Universitaet Wuppertal (Germany)

2010-09-15

Sustainable development is at the roots of sustainability economics. Baumgaertner and Quaas (2010) define sustainability economics as the combination of economic efficiency and justice in the distribution of nature's services. Van den Bergh (in press) criticizes their approach as 'axiomatic' and incomplete, lacking a discussion of environmental externalities and dogmas like the 'GDP dogma'. The focus on non-measurable welfare or happiness in both articles impairs the use and usefulness of their sustainability notions for applied economics and policy. Alternatively, environmentally modified national accounts offer a quantifiable sustainability concept of produced and natural capital maintenance. For practical reasons, sustainability economics should therefore deal with sustainable economic performance and growth. Coordination with other social goals has to be left to politics. (author)

Indigenous peoples of North America: environmental exposures and reproductive justice.

Science.gov (United States)

Hoover, Elizabeth; Cook, Katsi; Plain, Ron; Sanchez, Kathy; Waghiyi, Vi; Miller, Pamela; Dufault, Renee; Sislin, Caitlin; Carpenter, David O

2012-12-01

Indigenous American communities face disproportionate health burdens and environmental health risks compared with the average North American population. These health impacts are issues of both environmental and reproductive justice. In this commentary, we review five indigenous communities in various stages of environmental health research and discuss the intersection of environmental health and reproductive justice issues in these communities as well as the limitations of legal recourse. The health disparities impacting life expectancy and reproductive capabilities in indigenous communities are due to a combination of social, economic, and environmental factors. The system of federal environmental and Indian law is insufficient to protect indigenous communities from environmental contamination. Many communities are interested in developing appropriate research partnerships in order to discern the full impact of environmental contamination and prevent further damage. Continued research involving collaborative partnerships among scientific researchers, community members, and health care providers is needed to determine the impacts of this contamination and to develop approaches for remediation and policy interventions.

Visionary medicine: speculative fiction, racial justice and Octavia Butler's 'Bloodchild'.

Science.gov (United States)

Pasco, John Carlo; Anderson, Camille; DasGupta, Sayantani

2016-12-01

Medical students across the USA have increasingly made the medical institution a place for speculating racially just futures. From die-ins in Fall 2014 to silent protests in response to racially motivated police brutality, medical schools have responded to the public health crisis that is racial injustice in the USA. Reading science fiction may benefit healthcare practitioners who are already invested in imagining a more just, healthier futurity. Fiction that rewrites the future in ways that undermine contemporary power regimes has been termed 'visionary fiction'. In this paper, the authors introduce 'visionary medicine' as a tool for teaching medical students to imagine and produce futures that preserve health and racial justice for all. This essay establishes the connections between racial justice, medicine and speculative fiction by examining medicine's racially unjust past practices, and the intersections of racial justice and traditional science and speculative fiction. It then examines speculative fiction author Octavia Butler's short story 'Bloodchild' as a text that can introduce students of the medical humanities to a liberatory imagining of health and embodiment, one that does not reify and reinscribe boundaries of difference, but reimagines the nature of Self and Other, power and collaboration, agency and justice. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

83 CHALLENGES AND PROSPECTS OF THE JUVENILE JUSTICE ...

African Journals Online (AJOL)

Fr. Ikenga

Juvenile justice administration in Nigeria is weak and has been given very .... The Nigerian criminal justice system, of which the juvenile justice system is an integral part, ... as instruments of security and justice but as weapons of oppression8.

Navigating the Meanings of Social Justice, Teaching for Social Justice, and Multicultural Education

Science.gov (United States)

Cho, Hyunhee

2017-01-01

This article uses well-received contemporary scholarship--works by Iris Young, Nancy Fraser, Morva McDonald, Connie North, and Geneva Gay--to illuminate a high degree of coherence among the substantive meanings of social justice, teaching for social justice, and multicultural education. Based on these relationships, the article suggests that…

Knowledge for Justice: Critical Perspectives from Southern African-Nordic Research Partnerships

OpenAIRE

Halvorsen, Tor; Ibsen, Hilde; Evans, Henri-Count; Penderis, Sharon

2017-01-01

With the adoption of the United Nations Sustainable Development Goals (SDGs) and the Paris Agreement, the purpose of development is being redefined in both social and environmental terms. Despite pushback from conservative forces, change is accelerating in many sectors. To drive this transformation in ways that bring about social, environmental and economic justice at a local, national, regional and global levels, new knowledge and strong cross-regional networks capable of foregrounding diffe...

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