WorldWideScience

Sample records for rights economic justice

  1. Economic Justice: Necessary Condition for Human Rights.

    Science.gov (United States)

    Cloud, Fred

    1993-01-01

    Economic justice means taking the personhood of poor people into account; respecting their needs, personal ambitions, rights, and dignity; and affording equal opportunity and equal access to education, health care, housing, and jobs. Examples of injustice to minority groups are provided, citing the Universal Declaration of Human Rights. (SLD)

  2. “Bread and Roses”: Economic Justice and Constitutional Rights

    Directory of Open Access Journals (Sweden)

    Colleen Sheppard

    2015-03-01

    Full Text Available Socio-economic inequality and poverty constitute critical human rights challenges in an increasingly globalized world. Not only do they result in material inequities that affect everyday life; they also undermine psychological and social wellbeing. In this article, issues of economic injustice and social exclusion are examined through the lens of constitutional rights. It explores three different dimensions of the nexus between economic justice and constitutionalism, including: (i the role of law in creating socio- economic inequality and poverty; (ii the extent to which economic justice is addressed at the interstices of civil and political rights and freedoms; and (iii the potential for the concept of social inclusion to assist in the reimagining of constitutional law and economic justice. La desigualdad socioeconómica y la pobreza constituyen desafíos críticos a los derechos humanos en un mundo cada vez más globalizado. No sólo dan lugar a desigualdades materiales que afectan a la vida cotidiana, sino que también socavan el bienestar psicológico y social. En este artículo se analizan los problemas de la injusticia económica y la exclusión social a través del prisma de los derechos constitucionales. Se exploran tres dimensiones diferentes del nexo entre justicia económica y constitucionalismo, incluyendo: (i el papel del derecho en la creación de desigualdad socioeconómica y pobreza; (ii el grado en que la justicia económica se aborda en los intersticios de los derechos y libertades civiles y políticos; y (iii el potencial del concepto de inclusión social para ayudar en la reinvención de la ley constitucional y la justicia económica. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2571246

  3. Breaking the Global Production Chain: Thai women's struggles for economic rights and justice

    OpenAIRE

    Junya Lek Yimprasert

    2006-01-01

    Junya Lek Yimprasert, founder of the Thai Labor Campaign, reviews workers’ rights in the context of today's fast moving global production chain. She asks women concerned with economic justice to look beyond just dialogue and build global solidarity based on worker's dignity, rights, hearts and lives. It is not short-term charity that is needed but solidarity that paves the way for self-determination, freedom of association and a share in the huge profits that are built on the exploitation of ...

  4. Balancing Fundamental Rights with Economic Freedoms According to the European Court of Justice

    Directory of Open Access Journals (Sweden)

    Sybe A. de Vries

    2013-01-01

    Full Text Available The development of fundamental rights within the EU legal order has come to a climax through the entry into force of the Treaty of Lisbon in December 2009. Article 6 of the EU Treaty now recognizes the binding force of the EU Charter of Fundamental Rights, embraces the intention to accede to the European Convention on the Protection of Human Rights and Fundamental Freedoms and codifies the European Court of Justice's (ECJ case law that fundamental rights shall constitute general principles of Union law. The question is how these changes made by the Lisbon Treaty, which mark a new stage in the shaping of the EU's commitment to the protection of fundamental rights, inform the relationship between fundamental rights and the classic Treaty economic freedoms, which have been vital in building Europe's 'economic constitution'. This contribution addresses the conflict that may arise between the Treaty economic freedoms and fundamental rights and assesses how the ECJ should balance these conflicting interests, considering the changed EU legal framework. In this paper the approach of the European Court of Human Rights (ECtHR, having to decide in cases where fundamental rights conflict with each other, will also be briefly touched upon and compared with the Court of Justice's approach.

  5. Debates of the Vista 2010 Colloquium 'The right price of energy, from economic competitiveness to social justice'

    International Nuclear Information System (INIS)

    Cailletaud, Marie-Claire; Doutreligne, Patrick; Ducre, Henri; Lederer, Pierre; Abadie, Pierre-Marie; Bergougnoux, Jean; Geoffron, Patrice; Heuze, Gregoire; Lorenzi, Jean-Herve

    2012-12-01

    The interveners discuss the issue of the right price of energy, right price being understood as an issue of social justice as well as an issue of economic optimality and of industrial and investment growth. They notably outline and comment the necessity of a stronger European coherence, the importance of the economic, environmental and job issues, the necessity of social cohesion (accessibility to energy for all at an affordable price), and of the emergence of a low carbon economy

  6. ECONOMIC EQUALITY OR JUSTICE

    Directory of Open Access Journals (Sweden)

    Ekrem Tufan

    2017-12-01

    Full Text Available From the beginning of economic life, equality has been a matter for human. Intrinsically human has two legs: Selfish and Groupish. Our selfish side does not care equality while Groupish side cares. What about the justice? Does human wants justice more than equalities in economic life? In this research, we have applied a questionnaire to find these two questions answer. As a result we can report that respondents prefer equality rather than justice in negative outcomes. On the other hand, they tend to prefer justice if there is possibility for positive outcomes. We cannot give evidence about gender, education and age differences effect on equality and justice preference.

  7. Editors' Introduction: Justice, Rights, Literature

    Directory of Open Access Journals (Sweden)

    Joxerramon Bengoetxea

    2014-12-01

    Full Text Available The articles gathered in this issue are the result of papers presented at the workshop held at the Oñati International Institute for the Sociology of Law on 20-21 May 2013 on Perspectives of Justice in Literature: Perspectives from Justice and Fundamental Rights in Literature: an Approach from Legal Culture in a European context. Literature and literary fiction can act as a thread that helps different disciplines to communicate with each other and can thus help go beyond the strictly legal field opening up to questions of justice and rights. These papers deal with issues of justice - mainly Fundamental Rights, but also procedural aspects of justice and its administration, philosophical perspectives of justice - and of legal culture - local, European, Universal - as reflected through and by literature. Los artículos que conforman este número son el resultado de las ponencias presentadas en el workshop celebrado en el Instituto Internacional de Sociología Jurídica de Oñati el 20 y 21 mayo de 2013 sobre las perspectivas de la justicia en la literatura: Perspectivas desde la Justicia y los Derechos Fundamentales en la Literatura: un Enfoque de Cultura Jurídica en el Contexto Europeo. La literatura y la ficción literaria pueden ser un hilo que favorece que diferentes disciplinas se comuniquen entre sí y pueden de esta forma ayudar a ir más allá del campo jurídico estricto, planteando cuestiones sobre justicia y derechos. Estos artículos tratan sobre aspectos de la justicia (principalmente derechos fundamentales, pero también sobre procedimiento judicial y administración de la justicia, perspectivas filosóficas de la justicia y de cultura jurídica (local, europea, universal, de la forma en la que se han reflejado en la literatura.DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2543450

  8. Economic globalisation and economic justice: Covenanting for ...

    African Journals Online (AJOL)

    The premise of this article is that ethical moral formation or 'covenanting for justice' leads to action. The covenanting church itself, in conjunction with other movements, works for justice in all areas of life. The article uses the six aspects of ethical moral formation of Heinz Tödt to analyse some aspects of economic ...

  9. Climate Change, Human Rights, and Social Justice.

    Science.gov (United States)

    Levy, Barry S; Patz, Jonathan A

    2015-01-01

    The environmental and health consequences of climate change, which disproportionately affect low-income countries and poor people in high-income countries, profoundly affect human rights and social justice. Environmental consequences include increased temperature, excess precipitation in some areas and droughts in others, extreme weather events, and increased sea level. These consequences adversely affect agricultural production, access to safe water, and worker productivity, and, by inundating land or making land uninhabitable and uncultivatable, will force many people to become environmental refugees. Adverse health effects caused by climate change include heat-related disorders, vector-borne diseases, foodborne and waterborne diseases, respiratory and allergic disorders, malnutrition, collective violence, and mental health problems. These environmental and health consequences threaten civil and political rights and economic, social, and cultural rights, including rights to life, access to safe food and water, health, security, shelter, and culture. On a national or local level, those people who are most vulnerable to the adverse environmental and health consequences of climate change include poor people, members of minority groups, women, children, older people, people with chronic diseases and disabilities, those residing in areas with a high prevalence of climate-related diseases, and workers exposed to extreme heat or increased weather variability. On a global level, there is much inequity, with low-income countries, which produce the least greenhouse gases (GHGs), being more adversely affected by climate change than high-income countries, which produce substantially higher amounts of GHGs yet are less immediately affected. In addition, low-income countries have far less capability to adapt to climate change than high-income countries. Adaptation and mitigation measures to address climate change needed to protect human society must also be planned to protect

  10. Protecting Children Rights under International Criminal Justice

    Directory of Open Access Journals (Sweden)

    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.

  11. Distributive Justice and Free Market Economics: A Eudaimonistic Perspective

    Directory of Open Access Journals (Sweden)

    Michael F. Reber

    2010-11-01

    Full Text Available In today’s society, a peculiar understanding of distributive justice has developed which holds that “social justice must be distributed by the coercive force of government.” However, this is a perversion of the ideal of distributive justice. The perspective of distributive justice which should be considered is one with its roots in the school of thought referred to as self-actualization ethics or eudaimonism, which holds that each person is unique and each should discover whom he or she is—to actualize his or her true potential and to live the “good life” within the congeniality and complementarity of personal excellences of his or her fellow members of community. When a eudaimonistic perspective is considered, a definition of distributive of justice could be “the allocation of goods and utilities via the voluntary ubiquitous human interaction of self-actualizing individuals who not only recognize the human dignity of the self and other and the rights which flow from and guarantee it, but also actively will goods and utilities toward the self and other so as to manifest human dignity.” Therefore, with a eudaimonistic understanding of distributive justice, one can argue that the free market is the ubiquitous interactions of self-actualizing individuals who are giving and receiving goods and utilities for one and another’s own “happiness,” i.e. the free market is the socio-economic mechanism by which distributive justice operates. In this paper I first will overview the philosophical foundations of distributive justice. Next, I will propose a eudaimonistic definition of distributive justice. Finally, I will highlight examples of distributive justice operating in a free market economy.

  12. 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

  13. "The Path of Social Justice": A Human Rights History of Social Justice Education

    Science.gov (United States)

    Grant, Carl A.; Gibson, Melissa Leigh

    2013-01-01

    Although not often recognized, social justice education in the U.S. is historically and philosophically tied to the twentieth century's human rights initiatives. The efforts of human rights pioneers, such as those who authored the Universal Declaration of Human Rights, have indelibly shaped social justice efforts, including within education, in…

  14. 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.

  15. 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.

  16. 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...

  17. 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.

  18. 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 ...

  19. 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.

  20. 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.

  1. APA efforts in promoting human rights and social justice.

    Science.gov (United States)

    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).

  2. 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 ...

  3. Reproductive Rights or Reproductive Justice? Lessons from Argentina.

    Science.gov (United States)

    Morgan, Lynn

    2015-06-11

    Argentine sexual and reproductive rights activists insist on using the language and framework of "human rights," even when many reproductive rights activists in the US and elsewhere now prefer the framework of "reproductive justice." Reflecting on conversations with Argentine feminist anthropologists, social scientists, and reproductive rights activists, this paper analyzes why the Argentine movement to legalize abortion relies on the contested concept of human rights. Its conclusion that "women's rights are human rights" is a powerful claim in post-dictatorship politics where abortion is not yet legal and the full scope of women's rights has yet to be included in the government's human rights agenda. Argentine feminist human rights activists have long been attentive to the ways that social class, gender, migration, and racism intersect with reproduction. Because their government respects and responds to a human rights framework, however, they have not felt it necessary--as U.S. feminists have--to invent a new notion of reproductive justice in order to be heard. Given the increasing popularity of reproductive justice in health and human rights, the Argentine case shows that rights-based claims can still be politically useful when a State values the concept of human rights. Copyright 2015 Morgan. 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.

  4. 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…

  5. 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

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

    Science.gov (United States)

    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)

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

    Directory of Open Access Journals (Sweden)

    John McMurtry

    2011-08-01

    Full Text Available

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

  8. 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.

  9. 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 ...

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

    Science.gov (United States)

    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.

  11. The Economic Payoff to Investing in Educational Justice

    Science.gov (United States)

    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,…

  12. A CONCEPTUAL FRAMEWORK OF DISTRIBUTIVE JUSTICE IN ISLAMIC ECONOMICS

    Directory of Open Access Journals (Sweden)

    Shafinah Begum Abdul Rahim

    2015-06-01

    Full Text Available itical, behavioural and social sciences both in mainstream or Islam. Given its increasing relevance to the global village we share and the intensity of socio-economic problems invariably related to the distribution of resources amongst us, this work is aimed at adding value through a deeper understanding and appreciation of justice placed by the Syariah in all domains of of our economic lives. The existing works within this area appear to lean mostly towards redistributive mechanisms available in the revealed knowledge. Hence a comprehensive analysis of the notion of distributive justice from the theoretical level translated into practical terms is expected to contribute significantly to policymakers committed towards finding permanent solutions to economic problems especially in the Muslim world. It is a modest yet serious attempt to bridge the gap between distributive justice in letter and spirit as clearly ordained in the Holy Quran. The entire analysis is based on critical reviews and appraisals of the all relevant literary on distributive justice in Islamic Economics. The final product is a conceptual framework that can be used as a blueprint in establishing the notion of justice in the distribution of economic resources, i.e. income and wealth as aspired by the Syariah.

  13. Informal Justice Systems: Charting a Course for Human Rights-Based Engagement

    DEFF Research Database (Denmark)

    Kerrigan, Fergus; McKay, Anne Louise; Kristiansen, Annali

    engagement with informal justice systems can build greater respect and protection for human rights. It highlights the considerations that development partners should have when assessing whether to implement programmes involving informal justice systems, the primary consideration being that engagement......Providing accessible justice is a state obligation under international human rights standards, but this obligation does not require that all justice be provided through formal justice systems. If done in ways to respect and uphold human rights, the provision of justice through informal justice...... systems is not against human rights standards and can be a mechanism to enhance the fulfilment of human rights obligations by delivering accessible justice to individuals and communities where the formal justice system does not have the capacity or geographical reach. This study seeks to identify how...

  14. Effectuation of right to health and its relationship to social justice

    Directory of Open Access Journals (Sweden)

    d'Ávila L. S.

    2017-02-01

    Full Text Available Thinking of health as a universal right is a complex task, given the inequalities in accessing decent living conditions. In this sense, this paper aims to discuss the effectuation of right to health, since this right is central to the pursuit of social justice. This is a reflection based on an extensive review of the literature, which involved references related to the right to health and to several fields of legal doctrine (human rights, social rights, Constitutional Law and Economic Law, due to their relevance to the matter. It was shown that despite the advances in realization of social rights in Brazil, there remains much to be done, particularly in times of economic crisis, as budget cuts directly affect social policies, which penalize the most vulnerable citizens and those in the most adverse situations. The right to health is entirely connected to the human development and training and quality of life among people and communities; non-compliance of this right goes further of Brazilian National Public Health System implementation. Thus, the effectuation of the right to heath is an instrument of social justice, as it not only leads to the realization of other rights, but requires the rethinking of long-rooted structures and behaviors, leading to the establishment of new relations among powers, promoting social inclusion.

  15. The Right to Dignity and Restorative Justice in Schools

    Directory of Open Access Journals (Sweden)

    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.

  16. 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.

  17. Right to access to justice in environmental matters

    Directory of Open Access Journals (Sweden)

    Daniela Gračan

    2010-01-01

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

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

    OpenAIRE

    Weller, Penny

    2009-01-01

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

  19. 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.

  20. 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.

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

    Science.gov (United States)

    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.

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

    Science.gov (United States)

    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

  3. Breastfeeding and feminism: A focus on reproductive health, rights and justice

    Science.gov (United States)

    Labbok, Miriam H; Smith, Paige Hall; Taylor, Emily C

    2008-01-01

    The annual Breastfeeding and Feminism Symposia aim to reposition breastfeeding as a valued part of women's (re)productive lives and rights. The symposia are designed to raise the profile of breastfeeding within the women's advocacy and feminist studies' communities, and to increase recognition among breastfeeding supporters that breastfeeding promotion could receive more socio-political support by partnering with those concerned with women's reproductive health, rights and justice, women's economic advancement, and the elimination of social, economic and health inequities. The third symposium (2007) sought to build dialogue and increase communications between and among these diverse communities. The nine articles presented in this thematic series were selected by the journal editors, and represent the core discussions at the symposium. This editorial presents the areas of synergy and strategies for action that emerged from the discussions. These strategies and this thematic issue are intended to reassert the momentum that evolved among participants, and to stimulate involvement among individuals and organizations not in attendance in promoting breastfeeding as a women's reproductive health, rights and justice concern. PMID:18680575

  4. Breastfeeding and feminism: a focus on reproductive health, rights and justice.

    Science.gov (United States)

    Labbok, Miriam H; Smith, Paige Hall; Taylor, Emily C

    2008-08-04

    The annual Breastfeeding and Feminism Symposia aim to reposition breastfeeding as a valued part of women's (re)productive lives and rights. The symposia are designed to raise the profile of breastfeeding within the women's advocacy and feminist studies' communities, and to increase recognition among breastfeeding supporters that breastfeeding promotion could receive more socio-political support by partnering with those concerned with women's reproductive health, rights and justice, women's economic advancement, and the elimination of social, economic and health inequities. The third symposium (2007) sought to build dialogue and increase communications between and among these diverse communities. The nine articles presented in this thematic series were selected by the journal editors, and represent the core discussions at the symposium. This editorial presents the areas of synergy and strategies for action that emerged from the discussions. These strategies and this thematic issue are intended to reassert the momentum that evolved among participants, and to stimulate involvement among individuals and organizations not in attendance in promoting breastfeeding as a women's reproductive health, rights and justice concern.

  5. 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...

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

    Science.gov (United States)

    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

  7. Justice Globalism

    NARCIS (Netherlands)

    Wilson, Erin; Steger, Manfred; Siracusa, Joseph; Battersby, Paul

    2014-01-01

    The pursuit of a global order founded on universal rules extends beyond economics into the normative spheres of law, politics and justice. Justice globalists claim universal principles applicable to all societies irrespective of religion or ideology. This view privileges human rights, democracy and

  8. 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.

  9. 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

  10. 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…

  11. 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…

  12. Distributive principles of economic justice: an Islamic perspective

    Directory of Open Access Journals (Sweden)

    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

  13. 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...

  14. 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...

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

    Science.gov (United States)

    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

  16. 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

  17. [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.

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

    Directory of Open Access Journals (Sweden)

    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.

  19. 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)

  20. 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.

  1. 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.

  2. 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.

  3. 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.

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

    African Journals Online (AJOL)

    The value of human rights in a democratic South Africa is constantly threatened and often waived for nefarious reasons. We contend that the use of visual graphics among incoming university visual art students provides a mode of engagement that helps to inculcate awareness of human rights, social responsibility, and the ...

  5. Human Rights Education, Postcolonial Scholarship, and Action for Social Justice

    Science.gov (United States)

    Osler, Audrey

    2015-01-01

    In our global age, educational researchers and practitioners need tools that can be applied in a range of contexts and scales: local, national, and international. This article argues that human rights education (HRE) is a site of struggle in which human rights and democracy need to be constantly renewed. It contextualizes HRE within a critical,…

  6. the concept of gender justice and women's rights in nigeria

    African Journals Online (AJOL)

    OLAWUYI

    universal theory of human rights claims that the rights to equality and equity ..... for long, the pressure can lead to fistula, in the form of holes between the .... Black AdministrationAct 38 of 1927, African women married under customary law were.

  7. The concept of gender justice and women's rights in Nigeria ...

    African Journals Online (AJOL)

    The rapid ascendancy of human rights in Nigeria, coupled with Nigeria's prominent role as a signatory to virtually all the core international human right treaties and instruments raised expectations that women in Nigeria may begin to enjoy some measure of protection from archaic and anachronistic practices that subject ...

  8. 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...

  9. Economizing justice: Turning equity claims into lower energy tariffs in Chile

    International Nuclear Information System (INIS)

    Alvial-Palavicino, Carla; Ureta, Sebastián

    2017-01-01

    This paper considers the issue of how energy justice is economized; how political and ethical claims about particular energy (in)justices are turned into economic valuations. Drawing on science and technology studies, we present a conceptual framework that understands economization as emerging from three interrelated processes: problematization, framing and overflowing. Applying this framework to the drafting of new energy legislation in Chile, we trace how perceived shortcomings in equity and distributional justice were turned into “market failures,” able to be resolved by market-based mechanisms. This case highlights the dangers implicit in the uncritical economization of energy justice claims, in which ethical considerations regarding the distribution of risks and benefits of energy production and provision are reduced to a redistribution of payments among consumers – something that limits the possibilities for structural reform. - Highlights: • The implementation of an electricity equity tariff is discussed. • A process of economization transforms equity demands into market devices. • Energy justice, as mobilized in the policy process, includes multiple forms of justice. • Competition between these multiple forms fails to deliver a complete form of justice.

  10. The Right to Dignity and Restorative Justice in Schools | Reyneke ...

    African Journals Online (AJOL)

    A retributive and punitive approach is normally adopted in dealing with misbehaviour 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 ...

  11. 'Justice Be Our Shield and Defender': An Intellectual Property Rights ...

    African Journals Online (AJOL)

    Protecting intellectual property rights has become essential in encouraging cutting-edge scholarship that advances the frontiers of knowledge. For a long time, the majority of Africa's intelligentsia has worked in local and international environments that have exploited the continent's intellectual capital. Even in contexts where ...

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

    Science.gov (United States)

    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.

  13. 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...

  14. 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.

  15. 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

  16. 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.

  17. 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.

  18. 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.

  19. 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...

  20. 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

  1. 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

  2. "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.

  3. 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

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. The Online Right to be Forgotten in the European Justice Evolution

    Directory of Open Access Journals (Sweden)

    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.

  9. Economic planning and social justice in developing countries

    Energy Technology Data Exchange (ETDEWEB)

    Mehmet, O

    1978-01-01

    This book argues that development in LDCs (Less Developed Countries) cannot proceed in a sequential path - with income growth first and distribution after. Instead, egalitarian development, based on a combination of efficiency and equity criteria in the planning process, would emphasize employment creation, human resources, and rural and agricultural development, rather than urban-based industrial growth relying on imported capital-intensive technology. This, complemented with reforms in the political system, would be more in accord with the social needs and realities of LDCs. In particular, decentralized economic planning, responsive to the needs of rural communities, would offer an effective nonviolent revolutionary alternative. It is argued that egalitarian development is not only dependent on domestic reforms in LDCs, but also on a restructuring of international trade, aid and monetary systems for a more-equitable global distribution of income and wealth between nations. The book is divided into three parts: (1) devoted to a critical review of postwar growth and planning strategies; (2) based upon five case studies of Malaysia, Liberia, Pakistan, Brazil and Uganda, examines the influence of elites on economic planning and policy; and (3) offers elements of an egalitarian development planning. The book concludes with a brief summary on egalitarian planning as a non-violent revolution.

  10. 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.

  11. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  13. 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.

  14. 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.

  15. 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

  16. 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.…

  17. 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

  18. 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.

  19. 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...

  20. 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...

  1. International Covenant on Economic, Social and Cultural Rights

    Directory of Open Access Journals (Sweden)

    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.

  2. Between Truth and Amnesia: State Terrorism, Human Rights Violations and Transitional Justice in Brazil

    Directory of Open Access Journals (Sweden)

    Iasmin Goes

    2013-04-01

    Full Text Available Abstract:The military rule in Brazil between 1964 and 1985 employed less violence than similar authoritarian regimes in neighbouring countries, and attempted to maintain a façade of legitimacy by allowing for a consented opposition. Nevertheless, Brazil was the last Latin American nation to establish a truth commission. Ever since the Amnesty Law was passed in 1979, authorities and citizens have both struggled to come to terms with the human rights violations committed in the past. The Brazilian government went as far as offering material reparations to the presumed victims without disclosing official information to establish what the reparations were being paid for. Is it better to remember or forget? This Exploration discusses transitional justice strategies, and documents recent developments in Brazil's political history.Resumen: Entre la verdad y la amnesia. Terrorismo de Estado, violaciones de derechos humanos y justicia transicional en BrasilEntre 1964 y 1985, el régimen militar en Brasil empleó menos violencia que regímenes autoritarios de países vecinos, e intentó mantener una fachada de legitimidad. Sin embargo, Brasil fue el último país latinoamericano en establecer una comisión de la verdad. Desde la aprobación de la Ley de Amnistía en 1979, tanto las autoridades como los ciudadanos luchan para hacer justicia a las violaciones de derechos humanos cometidas en el pasado. El gobierno brasileño llegó al extremo de ofrecer reparaciones materiales a las presuntas víctimas, sin revelar informaciones oficiales para establecer por qué las estaba pagando. ¿Es mejor recordar u olvidar? Esta Exploración analiza las estrategias de justicia transicional y documenta evoluciones recientes en la política histórica brasileña.

  3. 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.

  4. 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

  5. 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…

  6. 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.

  7. 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.

  8. 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 ...

  9. 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.

  10. 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

  11. "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.

  12. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  14. 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.

  15. 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.

  16. 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...

  17. 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.

  18. 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.

  19. European Court of Justice Secures Fundamental Rights from UN Security Council Resolutions

    Directory of Open Access Journals (Sweden)

    Sebastian Recker

    2009-02-01

    ="MsoFootnoteReference">[4]. The Court of First Instance held that in principle it had no jurisdiction to review the lawfulness of regulations based on Security Council resolutions. The European Court of Justice stated that acts of the Sanctions Committee under Chapter VII of the UN Charter must be reviewable if restrictions infringe general principles of Community law[5]. This decision creates a new balance of power in international law. Obligations from international agreements cannot prejudice fundamental rights as general principles of the EC Treaty.

    Until this judgment, it seemed that the UN Security Council had the unconfined power to determine binding instructions to States under Chapter VII of the UN Charter without the possibility of judicial review by Member States. The conflict between the status quo demanded by the United Nations and the requirement of the European Communities in securing their general principles shows the purpose and at the same time abashment of international law. Who determines the rules in international law and who is to decide when the rules have been violated? This question is contentious, because the standing of rules in international law is dependent on the consent of the parties. In this regard, European Union Member States, institutions, citizens and courts were not agreed on how to balance the competence in these cases[6

  20. 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 ...

  1. "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.

  2. Advancement of Children's Rights in Africa: A Social Justice Framework for School Psychologists

    Science.gov (United States)

    Pillay, Jace

    2014-01-01

    The United Nations Convention on Children's Rights and the subsequent African Charter on the Rights and Welfare of the Child together with the Bill of Children's Rights and numerous other policies and regulations in many African countries have set the precedent for children's rights to be respected and implemented across the African Continent.…

  3. Civic Responsibility and Human Rights Education: A Pan-Educational Alliance for Social Justice

    Science.gov (United States)

    Osanloo, Azadeh F.

    2009-01-01

    Educating global citizens to have knowledge of world political and economic systems and conditions is imperative as the notion of the "citizen" is constantly evolving. This type of civic education needs to involve critical thinking skills that are pan-educational and allow for cross-cultural discussion that span all public spheres and…

  4. Converts to human rights? Popular debate about war and justice in rural central Sierra Leone

    NARCIS (Netherlands)

    Archibald, S.; Richards, P.

    2002-01-01

    Internationally, war in Sierra Leone (1991-2002) is regarded as an instance of violent conflict driven by economic factors (attempts to control the mining of alluvial diamonds). Fieldwork (2000-01) in rural areas recovering from war suggests a very different picture. War victims and combatants from

  5. Visual Graphics for Human Rights, Social Justice, Democracy and the Public Good

    Science.gov (United States)

    Nanackchand, Vedant; Berman, Kim

    2012-01-01

    The value of human rights in a democratic South Africa is constantly threatened and often waived for nefarious reasons. We contend that the use of visual graphics among incoming university visual art students provides a mode of engagement that helps to inculcate awareness of human rights, social responsibility, and the public good in South African…

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

    Science.gov (United States)

    Schmidt, Sandra J.

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    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.

  8. The Contribution of the Caribbean Court of Justice to the Development of Human and Fundamental Rights

    DEFF Research Database (Denmark)

    Caserta, Salvatore

    2018-01-01

    This article highlights some of the most important legal developments of the CCJ with the goal of clarifying its role as a human and fundamental rights Court. The article also assesses these legal developments in the light of the Court’s authority. I argue that, through its case-law, the CCJ has...... succeeded in formally becoming a central player in the enforcement of human and fundamental rights in the region. In particular, the Court has shown a remarkable capacity to navigate the various different jurisdictions of the Caribbean States (ie, common v civil law systems) as well as the different legal...... cultures and approaches to international human rights and laws (ie, dualism v monism as well as British v international approaches to human rights)....

  9. Juvenile Justice in Mexico

    Directory of Open Access Journals (Sweden)

    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

  10. Environmental justice and the rights of indigenous peoples: international and domestic legal perspectives

    National Research Council Canada - National Science Library

    Westra, Laura

    2008-01-01

    ... Peoples: Some Recent ATCA Jurisprudence First Nations of Canada and the Legal and Illegal Attacks on their Existence 71 103 125 PART III - JUSTIFYING GENOCIDE: PRINCIPLES AND REALITY 7 8 Genocide and Eco-crime: The Interface Aboriginal Rights in Domestic and International Law, and the Special Case of Arctic Peoples 163 187 PART...

  11. Children Hungering for Justice: Curriculum on Hunger and Children's Rights, Grades 9-12.

    Science.gov (United States)

    van Berkum, Carla

    This curriculum is designed to introduce students to the issues of world hunger and children's rights. The curriculum includes more than enough material for two hour-long lessons. Each lesson can stand on its own; however, the interrelated nature of the topics lends itself to presenting both parts of the packet. If time is limited, suggestions are…

  12. Children Hungering for Justice: Curriculum on Hunger and Children's Rights, Grades 5-8.

    Science.gov (United States)

    van Berkum, Carla

    This curriculum is designed to introduce students to the issues of world hunger and children's rights. The curriculum includes more than enough material for two hour-long lessons. Each lesson can stand on its own; however, the interrelated nature of the topics lends itself to presenting both parts of the packet. If time is limited, suggestions are…

  13. Can International Human Rights Law Help Restore Access to Justice for Disabled Workers?

    Directory of Open Access Journals (Sweden)

    Rupert Harwood

    2016-04-01

    Full Text Available The research literature indicates that legislative changes in recent years, including the introduction of tribunal fees, have made it harder for workers in general to enforce their rights under UK employment laws. Drawing on the author’s qualitative study, conducted in 2015 and with information from 265 participants, this paper finds that these legislative changes could be having disproportionate adverse impacts on disabled workers. Of particular note, fees had deterred substantial numbers from submitting discrimination claims; and it appeared that this reluctance to take legal action had in turn emboldened some employers to commit what might have been found to constitute unlawful acts if taken to tribunal. The paper goes onto consider whether these adverse impacts on disabled workers could render fees unlawful under UK and European equality and human rights law and/or could entail violations of rights under the United Nations Convention on the Rights of Persons with Disabilities. The paper concludes that the intent behind UK laws might (in relation to the lawfulness of fees have been frustrated in the domestic courts and that the impact of any future successes in the domestic courts, or under international law, might be dependent upon public opinion and political expediency. The paper also briefly compares developments in Britain with developments in neighbouring and other comparable jurisdictions.

  14. Children Hungering for Justice: Curriculum on Hunger and Children's Rights, Grades K-4.

    Science.gov (United States)

    Gray, Kaaren St. Armour

    This curriculum is designed to introduce students to the issues of world hunger and children's rights. The curriculum includes more than enough material for two hour-long lessons. Each lesson can stand on its own; however, the interrelated nature of the topics lends itself to presenting both parts of the packet. If time is limited, suggestions are…

  15. Citizenship, rights and justice in Latin America: The citizenisation-judicialisation of politics

    Directory of Open Access Journals (Sweden)

    Pilar Domingo

    2009-05-01

    Full Text Available The aim of this article is to study the phenomena of the judicialisation of politics and the citizenisation of the political discourse in Latin America in recent years. The article begins by presenting a definition of these phenomena, after which the author explains the phenomena through three different areas: the changes in civil society that have led to a discovery of law and the language of law; institutional reforms and specifically the reforms of judicial power in recent years, and the changes in the legitimisation discourse of the political system around the concepts of democracy and citizenship of rights.

  16. Abuse, Neglect, and Violence Against Elderly Women in Ghana: Implications for Social Justice and Human Rights.

    Science.gov (United States)

    Sossou, Marie-Antoinette; Yogtiba, Joseph A

    2015-01-01

    This article discusses abuse and neglect of elderly women in Ghana and the traditional practices that adversely affect their human rights. Their situation is characterized by pervasive poverty, illiteracy, widowhood, predominantly rural dwelling, and subjection to insidious cultural practices and superstitious beliefs. Increase in life expectancy and population trends point to significant increases in the numbers of the elderly women. Breakdown of the extended family support system and the waning of filial obligations are factors affecting their welfare. Accurate data on these abuses is lacking due to cultural inhibitions and non-reporting. Legislations and NGO programs are addressed to combat abuses.

  17. The right to privacy and the transparency of justice: two weighing exercises

    Directory of Open Access Journals (Sweden)

    Poalelungi Mihail

    2017-10-01

    Full Text Available Within this article, the author emphasizes a problem which is nowadays largely debated in our society, a subject especially highlighted by the journalists – the anonymization of court decisions. In the Republic of Moldova, by way of invoking the practice of general anonymization of judgments, also existent in some of the European Union states, and the recent developments in the field of personal data protection, was proposed the amendment of the Regulation on the manner of publication of judgments on the unique online portal of the national courts. The draft amendment establishes that the judgments must be anonymised „in accordance with the provisions of the Law on the protection of personal data”. The proposals have raised negative reactions among journalists and some lawyers. The author considers that, actually, the circumstances are those which determine the beneficial form and character of the principles and decided to analyse if this solution is justified in the case of the Republic of Moldova. He suggests balancing as a means of striking the fair balance inherent to the European Convention on Human Rights and to the Constitution of the Republic of Moldova, a method which is used even by the European Court of Human Rights.

  18. Juvenile justice: "continent" institucional management a guarantor proposal of human rights

    Directory of Open Access Journals (Sweden)

    Ana Paula Motta Costa

    2016-12-01

    Full Text Available This article addresses the issue of management in socio-educative institutions for adolescents involved in the juvenile criminal system. This is one of the main challenges encountered in the field of protection of children and adolescents’ rights in Brazil. To make institutional management possible in the Socio-Educational System in a way which possibilitates the achievement of the system’s goals, the establishment of a management model that time mobilizes all personnel around common guidelines, in a democratic and participatory manner which enables “institutional continence” is necessary. Considering the historical reality of the institutions responsible for implementing socio-educative measures in Brazil, institutional management of these entities requires a working methodology that stipulates instances of decision and participation. Therefore, this article seeks to provide information that will enable its readers to reflect on the socio-educative institutions, establishing mechanisms for a management methodology that guarantees the effectiveness of the rights of adolescents and considers the specificity of each institution, as well as local circumstances by which it is surrounded.

  19. 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

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

    NARCIS (Netherlands)

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

    2014-01-01

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

  1. 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 ...

  2. Page | 105 ECONOMIC AND SOCIO-CULTURAL RIGHTS IN THE ...

    African Journals Online (AJOL)

    Fr. Ikenga

    formulation of governmental agenda for implementation rather than a subject ..... promoting sound economic management and integrated approach to national development .... (c) that the economic system is not operated in such a manner as to permit ... a. the health, safety and welfare of all persons in employment are.

  3. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  5. 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.

  6. The Economic Impact of Land Use Rights in Rural Vietnam

    Science.gov (United States)

    2013-11-01

    Rental Markets In Transition: Evidence From Rural Vietnam." Oxford Bulletin Of Economics And Statistics 70, no. 1: 67- 101. ECONIS, EBSCOhost ...Rental Markets In Transition: Evidence From Rural Vietnam." Oxford Bulletin Of Economics And Statistics 70, no. 1: 67- 101. ECONIS, EBSCOhost ...generating revenue through taxation in a previously non-existent real estate market . Before 1993, Vietnam experienced a long period of land reform

  7. Women's Economic Rights and Entitlement on Separation and ...

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

    The courts have yet to recognize the productive nature of housework and acknowledge ... The only right that deserted, divorced or separated women have under Indian law is the right to maintenance for themselves and their ... Total funding.

  8. the enforcement of socio-economic rights | de Beer | Potchefstroom ...

    African Journals Online (AJOL)

    In recent years the South African legislature has made a very bold attempt to improve the socio-economic conditions of citizens. Amongst others, the Social Assistance Act 59 of 1992 provides for monthly payments to citizens under certain prescribed conditions. In situations where other legislation does not provide a remedy ...

  9. the enforcement of social and economic rights in africa

    African Journals Online (AJOL)

    OLAWUYI

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

  10. Neoliberal Justice and the Transformation of the Moral: The Privatization of the Right to Health Care in Colombia.

    Science.gov (United States)

    Abadía-Barrero, César Ernesto

    2016-03-01

    Neoliberal reforms have transformed the legislative scope and everyday dynamics around the right to health care from welfare state social contracts to insurance markets administered by transnational financial capital. This article presents experiences of health care-seeking treatment, judicial rulings about the right to health care, and market-based health care legislation in Colombia. When insurance companies deny services, citizens petition the judiciary to issue a writ affirming their right to health care. The judiciary evaluates the finances of all relevant parties to rule whether a service should be provided and who should be responsible for the costs. A 2011 law claimed that citizens who demand, physicians who prescribe, and judges who grant uncovered services use the system's limited economic resources and undermine the state's capacity to expand coverage to the poor. This article shows how the consolidation of neoliberal ideology in health care requires the transformation of moral values around life. © 2015 by the American Anthropological Association.

  11. 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

    Directory of Open Access Journals (Sweden)

    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.

  12. International Covenant on Economic, Social and Cultural Rights: accessibility and the right to information

    NARCIS (Netherlands)

    Donders, Y.; McGonagle, T.; Donders, Y.

    2015-01-01

    According to Article 19 ICCPR, the right to freedom of opinion and expression includes the freedom to seek, receive and impart information and ideas through any media and regardless of frontiers. The Human Rights Committee included the right of access to information as specific item in its General

  13. Challenges in Swedish hydropower – politics, economics and rights

    Directory of Open Access Journals (Sweden)

    Kristina Ek

    2017-10-01

    Full Text Available Two systems working in parallel have contributed to implementation difficulties in Swedish water governance. While the old system is designed to be predictable and stable over time, the new system is intended to be transparent and holistic, guided by the principles of Integrated Water Resource Management. The paper disentangles the challenges in Swedish water governance and proposes a blueprint for future research. The proposed research project is unique in the sense that it explores the imbalances between the new and the old water governance systems from a multi-disciplinary perspective, elaborating upon the clashes between the traditional, nationally based regulatory system and the new holistic water governance system from legal, political and economic perspectives.

  14. 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…

  15. Using Storytelling to Establish Justice: A Narrative Study on the Efficacy of Teaching Police Recruits Individual Rights through Storytelling

    Science.gov (United States)

    Sautner, Kerry

    2017-01-01

    This study explored the narrative of new Philadelphia Police recruits' experiences within a training program that used storytelling techniques to positively influence their knowledge and assumptions about social justice and fairness. Prior research has suggested that storytelling can be an effective way to engage learners in understanding…

  16. 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.

  17. 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

  18. 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

  19. [Economic development axis and socioenvironmental conflicts generation in Brazil: challenges to sustainability and environmental justice].

    Science.gov (United States)

    Porto, Marcelo Firpo; Milanez, Bruno

    2009-01-01

    The 1st National Environmental Health Conference, in December 2009, presents countless challenges to the field of Public Health. It debates key concepts as development, sustainability, production and consumption processes, democracy and public policies; advocating for innovative, interdisciplinary and intersectorial aspects of Environmental Health. The Conference recovers and articulates important themes for the Public Health, and also indicates the need of reflecting the socio-environmental determinants of health at the present time, in order to provide progresses in the construction of guidelines and actions to health surveillance and promotion. This article discusses the characteristics of the Brazilian model of development, its impacts and conflicts within social, environmental and health fields. We use theoretical and empirical contributions from the fields of Ecological Economy and Political Ecology, as well as, experiences of cooperation with the Brazilian Network on Environmental Justice and several social movements. Two cases are discussed in more detail: the first related to agribusiness and the use of pesticides, and the other about the expansion of the iron and steel industry in Brazil. We conclude proposing some elements that could be incorporated by a research agenda committed to the debate about the 'socioenvironmental crisis'.

  20. 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.

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

    Directory of Open Access Journals (Sweden)

    Abiodun Odusote

    2014-12-01

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

  2. Global Employment and Economic Justice: The Policy Challenge. Worldwatch Paper 28.

    Science.gov (United States)

    Newland, Kathleen

    Employment potential in developed and developing nations is analyzed from an economic viewpoint. Estimates by the International Labor Office are that the global labor force will grow by about 900 million people from 1980 to 2000. It is projected that these 900 million people will join the current labor force including approximately 50 million…

  3. 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.

  4. 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…

  5. Women's rights are human rights : The practice of the United Nations Human Rights Committee and the Committee on Economic, Social and Cultural Rights

    NARCIS (Netherlands)

    van Leeuwen, F.C.|info:eu-repo/dai/nl/265778646

    2009-01-01

    ‘Women’s rights are human rights!’ This notion may seem self evident, as the international system for the promotion and the protection of human rights that was installed under the auspice of the United Nations (UN) builds on the idea of equality in dignity and rights of men and women. Yet, as was

  6. 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 ...

  7. 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.

  8. Economic impact of ecosystem services provided by ecologically sustainable roadside right of way vegetation management practices.

    Science.gov (United States)

    2014-03-01

    The economic value of runoff prevention, carbon sequestration, pollination and other insect services, air quality, : invasive species resistance, and aesthetics was estimated for Floridas State Highway System roadside right-of-way (ROW) ecosystem ...

  9. 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

  10. Influence Of Economic Islamization:Economic Mismanagement and Human Rights Abuses In Iran

    Science.gov (United States)

    2014-04-01

    The government has opted to direct limited hard currency resources to security and intelligence requirements instead of funding medical and...long-term financial burden. In conclusion, according Zahedi’s study, the impact of unemployment, malnutrition , and the rising costs of healthcare...between its “populist economic programs and sustaining funding for intelligence and security operations . . . designed to extend its regional power

  11. 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.

  12. 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 ...

  13. The Protection of Human Rights through Criminal Justice: the Right to Effective Criminal Investigations in Europe. An Integrate Analysis between the ECHR and EU Law

    OpenAIRE

    Mirandola, Sofia

    2017-01-01

    The subject matter of this research are the States’ obligations under the European Convention on Human Rights (the ECHR) to protect human rights through criminal law, with a focus on the procedural limb of such protection, namely the States’ duty to carry out effective criminal investigations into the most serious human rights offences. Furthermore, this study adopts also an integrated approach and discusses the interplay between the duty to conduct effective criminal investigations under the...

  14. 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...

  15. 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.

  16. Corrective Justice vs. Social Justice in the Aftermath of War

    Directory of Open Access Journals (Sweden)

    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.

  17. Minor protection or major injustice? – Children's rights and digital preventions directed at youth in the Dutch justice system

    NARCIS (Netherlands)

    La Fors, Karolina

    2015-01-01

    The United Nations Convention on the Rights of the Child (CRC) is the most essential place-holder for protecting children's rights internationally. In support of its leading principle: “the best interest of the child” (Art. 3) a growing number of digital technologies are employed in different

  18. 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.

  19. 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

  20. 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.

  1. Trading Justice for Security? UN Anti-Terrorism, Due Process Rights, and the Role of the Judiciary: Lessons for policymakers

    OpenAIRE

    Draghici, Carmen

    2009-01-01

    The purpose of this policy paper is to highlight the role\\ud of the judiciary in reconciling counter-terrorism strategies\\ud with human rights standards. Indeed, judicial assent\\ud to the excesses of policy-makers risks deepening the\\ud human rights crisis caused by the fight against apocalyptic\\ud terrorism. In the aftermath of the September 11, 2001\\ud terrorist attacks against the United States, the political\\ud climate has been dominated by security concerns. The\\ud United States has invo...

  2. 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.

  3. Identity Politics, Justice and the Schooling of Muslim Girls: Navigating the Tensions between Multiculturalism, Group Rights and Feminism

    Science.gov (United States)

    Keddie, Amanda

    2014-01-01

    This article focuses on the concerns expressed by three female Muslim educators who are support staff at an English comprehensive school. Consistent with the debates associated with multiculturalism, group rights and feminism, the article illuminates spaces of gender constraint and possibility within the discourses shaping these women's lives and…

  4. Book review - Borderline justice: the fight for refugee and migrant rights by Frances Webber, London, Pluto Press, 2012

    NARCIS (Netherlands)

    Liempt, I.C. van

    2013-01-01

    Our leaders encourage and treat as heroes those people who are fighting for democracy and human rights, in Burma, in Libya, in Egypt and Syria…But as soon as these heroes seek sanctuary here in the ‘free world’, they are transformed into a hostile alien threat to our culture and our values, to be

  5. [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.

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

    Directory of Open Access Journals (Sweden)

    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.

  7. 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. .

  8. Measuring Intergenerational Justice

    Directory of Open Access Journals (Sweden)

    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.

  9. 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

    Directory of Open Access Journals (Sweden)

    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.

  10. 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.

  11. 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....

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

    Directory of Open Access Journals (Sweden)

    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

  13. Health and legal literacy for migrants: twinned strands woven in the cloth of social justice and the human right to health care.

    Science.gov (United States)

    Vissandjée, Bilkis; Short, Wendy E; Bates, Karine

    2017-04-13

    Based on an analysis of published literature, this paper provides an over-view of the challenges associated with delivering on the right to access quality health care for international migrants to industrialized countries, and asks which group of professionals is best equipped to provide services that increase health and legal literacy. Both rights and challenges are approached from a social justice perspective with the aim of identifying opportunities to promote greater health equity. That is, to go beyond the legal dictates enshrined in principles of equality, and target as an ethical imperative a situation where all migrants receive the particular assistance they need to overcome the barriers that inhibit their equitable access to health care. This assistance is especially important for migrant groups that are further disadvantaged by differing cultural constructions of gender. Viewing the topic from this perspective makes evident a gap in both research literature and policy. The review has found that while health literacy is debated and enshrined as a policy objective, and consideration is given to improving legal literacy as a means of challenging social injustice in developing nations, however, no discussion has been identified that considers assisting migrants to gain legal literacy as a step toward achieving not only health literacy and improved health outcomes, but critical participation as members of their adoptive society. Increasing migrant health literacy, amalgamated with legal literacy, aids migrants to better access their human right to appropriate care, which in turn demonstrably assists in increasing social engagement, citizenship and productivity. However what is not evident in the literature, is which bureaucratic or societal group holds responsibility for assisting migrants to develop critical citizenship literacy skills. This paper proposes that a debate is required to determine both who is best placed to provide services that increase health

  14. Is It Now Institutionally Appropriate for the Courts to Consider Whether the Assisted Dying Ban is Human Rights Compatible? Conway V Secretary of State for Justice.

    Science.gov (United States)

    Hobson, Clark

    2017-11-07

    Noel Conway has ultimately been granted permission to apply for judicial review, to seek a declaration under section 4(2) Human Rights Act 1998 that section 2(1) Suicide Act 1961 is incompatible with his right to respect for private life under Article 8(1) ECHR. Both decisions in the application process are significant. They attempt to deal with the qualitative elements in the reasoning of Lords Neuberger, Mance and Wilson, in Nicklinson v Ministry of Justice: what Parliament is required to have done to have 'satisfactorily addressed' the question of relaxing or modifying section 2(1) Suicide Act. In failing to consider the explicit use of qualitative reasoning, both courts fail to interpret Nicklinson properly-that Parliament must change the law, with a declaration of incompatibility likely if it failed to do so. The Court of Appeal was correct to overrule the High Court's unqualified approach to whether it was now institutionally appropriate for a court to consider issuing a declaration of incompatibility, for the purposes of granting permission to apply for judicial review. However, the Court of Appeal directly signals their belief that a range of primary evidence bears out a system of assisted suicide for those in Mr Conway's position could feasibly be devised. This question though, as to evidence of a feasible system in the future, is irrelevant to whether permission to apply for judicial review should be granted to argue it is institutionally appropriate to make a declaration of incompatibility regarding current legislation. This is a problem Nicklinson has made for assisted dying and incompatibility debates. © The Author 2017. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

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

    Science.gov (United States)

    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.

  16. An injury awareness education program on outcomes of juvenile justice offenders in Western Australia: an economic analysis

    Directory of Open Access Journals (Sweden)

    Ho Kwok M

    2012-08-01

    Full Text Available Abstract Background Injury is a major cause of mortality and morbidity of young people and the cost-effectiveness of many injury prevention programs remains uncertain. This study aimed to analyze the costs and benefits of an injury awareness education program, the P.A.R.T.Y. (Prevent Alcohol and Risk-related Trauma in Youth program, for juvenile justice offenders in Western Australia. Methods Costs and benefits analysis based on effectiveness data from a linked-data cohort study on 225 juvenile justice offenders who were referred to the education program and 3434 who were not referred to the program between 2006 and 2011. Results During the study period, there were 8869 hospitalizations and 113 deaths due to violence or traffic-related injuries among those aged between 14 and 21 in Western Australia. The mean length of hospital stay was 4.6 days, a total of 320 patients (3.6% needed an intensive care admission with an average length of stay of 6 days. The annual cost saved due to serious injury was $3,765 and the annual net cost of running this program was $33,735. The estimated cost per offence prevented, cost per serious injury avoided, and cost per undiscounted and discounted life year gained were $3,124, $42,169, $8,268 and $17,910, respectively. Increasing the frequency of the program from once per month to once per week would increase its cost-effectiveness substantially. Conclusions The P.A.R.T.Y. injury education program involving real-life trauma scenarios was cost-effective in reducing subsequent risk of committing violence or traffic-related offences, injuries, and death for juvenile justice offenders in Western Australia.

  17. European Union. Court of Justice of the European Union: EU Law and Fundamental Rights Preclude Requested Filtering Injunction against Hosting Provider

    NARCIS (Netherlands)

    Breemen, K.

    2012-01-01

    On 16 February 2012, the Court of Justice of the European Union delivered its preliminary ruling in the case of SABAM v. Netlog NV. The judgment was issued on a request made by the Court of First Instance of Brussels.

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

    Science.gov (United States)

    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.

  19. 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…

  20. 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...

  1. 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…

  2. The interpretation practice of The European Court of Justice while judging the conflict between labelling applied as trademark with elderly right of another person

    Directory of Open Access Journals (Sweden)

    Hana Kelblová

    2010-01-01

    Full Text Available The article deals with the verification of the starting hypothesis of complementariness of the law of consumer protection and the law of intellectual property. In order to achieve that goal the author analyzes individual the Czech Trade Marks Act from the standpoint of protection of rights and interests of consumers.The article follows the categorical requirement of a public law rule, the Consumer Protection Act, which prohibits deceiving consumers and establishes that deceiving may also consist in offering products and services unjustified designated by misleading trade mark.The consumer is deceived most frequently when trade marks are used for designation of products and their promotion. The Trade Marks Act may be analyzed in relation to consumer protection first from the standpoint of consumer protection against trade marks misleading someone about the origin and quality of products and services designated by them. Then it is possible to examine the question whether requirements of a designation for being registered as a trade mark are at the same time those attributes of the trade mark which meet the declared intention of the lawmaker, i.e. that the trade mark should be a source of information for the consumer about the origin and quality of the product de­sig­na­ted by it.Especially, the article deals with an interpretation of the conception „Likelihood of Confusion“ as the fundamental conception while judging the conflict with elderly trademarks applying for the re­gi­stra­tion into the list of The Patent Office.A perception of an average consumer is a fundamental factor for a judgement of „Likelihood of Confusion“ as results from the decision practice of The Czech Patent Office, Czech courts and The European Court of Justice. This is proof of the conclusion that rules of the Trademark Law are rules of the Consumer protection Law.

  3. Indecopi’s bureaucratic barriers control and economic fundamental rights guardianship

    Directory of Open Access Journals (Sweden)

    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.

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

    Directory of Open Access Journals (Sweden)

    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

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

    Directory of Open Access Journals (Sweden)

    Nuria Sánches Madrid

    2014-08-01

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

  6. The Right to Education in the International Regulations on Protection of Human Rights and its regulation in the National Legal System : Preliminary Analysis from the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights

    Directory of Open Access Journals (Sweden)

    Maria Creusa de Araújo Borges

    2016-05-01

    Full Text Available We examine, in this article, the question of the right to education, from the Univer- sal Declaration of Human Rights (1948 and the International Covenant on Economic, Social and Cultural Rights (1966. In the Brazilian national law, they are analyzed the Federal Constitution of 1988 and the Law of Guidelines and Bases of National Educa- tion, 1996, regarding the regulation of education matter, in coordination with the inter- national instruments in question. It is noteworthy that the regulation of the matter at the national level, is influenced by the recognition of this right in international norms, but advances in the recognition of the right to higher education of marginalized social groups, expanding the mandatory gratuity and beyond elementary school because in the Brazilian case, basic education is compulsory and the principle of free governs the entire education system in official establishments. Set up in this way, the existence of an essential core regarding the right to education, which is fully chargeable.

  7. 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 ...

  8. Focusing on Prevention: The Social and Economic Rights of Children Vulnerable to Sex Trafficking.

    Science.gov (United States)

    Duger, Angela

    2015-06-11

    The commercial sexual exploitation of children ("CSEC") is an egregious human rights and public health violation that occurs every day across the US. Although there has been positive change in the US to bring attention to CSEC and to reform laws and policies to assist CSEC victims, scant attention and resources have been dedicated to prevention efforts. This paper critiques current US strategies to address CSEC and highlights the limitations of an interventionist framework that narrows its focus to anti-trafficking efforts. As an alternative, the paper proposes a human rights-based approach focusing on the fulfillment of economic and social rights of children as a prevention strategy in the U.S. Copyright 2015 Duger. 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.

  9. 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.

  10. 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

  11. An Introduction to Generative Justice

    Directory of Open Access Journals (Sweden)

    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” 

  12. 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...

  13. 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 ...

  14. Judging Judges: From 'Principal-Agent Theory' to 'Constitutional Justice' in Multilevel 'Judicial Governance' of Economic Cooperation Among Citizens

    OpenAIRE

    Ernst-Ulrich Petersmann

    2008-01-01

    How should citizens evaluate the ever more important case law of international economic courts and their sometimes inadequate responses (e.g. by investor-state arbitration) to 'the governance gaps created by globalization (which) provide the permissive environment for wrongful acts by companies of all kinds without adequate sanctioning or reparation'? Section I recalls that the customary law requirement (as codified in the Vienna Convention on the Law of Treaties) of settling 'disputes concer...

  15. Intellectual Properties Rights-A strong determinant of economic growth in agriculture

    Directory of Open Access Journals (Sweden)

    Love Kumar Singh

    2010-01-01

    Full Text Available In the past few decades the subject of intellectual property rights (IPRs has occupied center stage in debates about globalization, economic development and poverty elimination. This study concerns the strengthening of IPRs in the plant breeding industry and its effect on agriculture in India. In India, most of the population relies on agricul-ture for its livelihood. India is self-sufficient in wheat and paddy, but deficient in other agricultural products. Pat-ents are good indicators of research and development output. Patent analysis makes it possible to map out the trend of technological change and life cycle of a technology - growth, development, maturity and decline. Patent infor-mation and patent statistical analysis have been used for examining present, technological status and to forecast future trends. One can determine the directions of corporate R&D and market interests by analyzing patent data. The present study is an attempt to analyze patents granted in India in the field of agriculture and importance of biotechnology-based innovations in agriculture

  16. Realization of the international human right to health in an economically integrated North America.

    Science.gov (United States)

    Kinney, Eleanor D

    2009-01-01

    With the North American Free Trade Agreement (NAFTA), the health care sectors of the United States, Canada, and Mexico are becoming more economically integrated. NAFTA poses major challenges to the realization of the international human right. These include: (1) Cross Border Trade in Medical Products, (2) Cross Border Trade in Medical Services, and the attendant investment protections, (3) Portability and Comparability of Health Insurance Coverage, and (4) Protection of Public Health Insurance Programs. The United States, Mexico, and Canada all provide public health insurance programs either to the entire population as in Canada or to vulnerable groups as in the United States. In none of these countries have private, for-profit providers and insurers been able to provide universal and affordable health coverage and care in a truly free market. Private insurers and for-profit providers should not profit from the care of the healthy and wealthy in ways that compromise the public programs that serve the poor and seriously ill. Nor should they be allowed to use NAFTA processes to compromise public programs. Policy makers must consider implications of NAFTA and move toward assuring access to affordable health care for all people on the North American continent.

  17. Intellectual Properties Rights-A strong determinant of economic growth in agriculture

    Directory of Open Access Journals (Sweden)

    Manju Chaudhary

    2010-03-01

    Full Text Available

    In the past few decades the subject of intellectual property rights (IPRs has occupied center stage in debates about globalization, economic development and poverty elimination. This study concerns the strengthening of IPRs in the plant breeding industry and its effect on agriculture in India. In India, most of the population relies on agriculture for its livelihood. India is self-sufficient in wheat and paddy, but deficient in other agricultural products. Patents are good indicators of research and development output. Patent analysis makes it possible to map out the trend of technological change and life cycle of a technology – growth, development, maturity and decline. Patent information and patent statistical analysis have been used for examining present, technological status and to forecast future trends. One can determine the directions of corporate R&D and market interests by analyzing patent data. The present study is an attempt to analyze patents granted in India in the field of agriculture and importance of biotechnology-based innovations in agriculture

  18. 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.

  19. 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 ...

  20. 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

  1. 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.

  2. How to Get Cost-Effectiveness Analysis Right? The Case of Vaccine Economics in Latin America.

    Science.gov (United States)

    Glassman, Amanda; Cañón, Oscar; Silverman, Rachel

    2016-12-01

    In middle-income countries, vaccines against pneumococcal disease, rotavirus, and human papilloma virus are in general more costly, not necessarily cost saving, and less consistently cost-effective than earlier generation vaccines against measles, diphtheria, tetanus, and pertussis. Budget impact is also substantial; public spending on vaccines in countries adopting new vaccines is, on average, double the amount of countries that have not adopted. Policymakers must weigh the costs and benefits of the adoption decision carefully, given the low coverage of other kinds of cost-effective health and nonhealth interventions in these same settings and relatively flat overall public spending on health as a share of gross domestic product (GDP) over time. This paper considers lessons learned from recent vaccine cost-effectiveness analyses and subsequent adoption decisions in Latin America a, largely under the auspices of the Pro Vac Initiative. The paper illustrates how small methodological choices and seemingly minor technical limitations of cost-effectiveness models can have major implications for the studies' conclusions, potentially influencing countries' subsequent vaccine adoption decisions. We evaluate the ProVac models and technical outputs against the standards and framework set out by the International Decision Support Initiative Reference Case for economic evaluation and consider the practical effects of deviations from those standards. Lessons learned are discussed, including issues of appropriate comparators, GDP-based thresholds, and use of average versus incremental cost-effectiveness ratios as a convention are assessed. The article ends with recommendations for the future. Copyright © 2016 International Society for Pharmacoeconomics and Outcomes Research (ISPOR). Published by Elsevier Inc. All rights reserved.

  3. Water Justice

    NARCIS (Netherlands)

    Boelens, R.A.; Perreault, T.; Vos, J.M.C.

    2018-01-01

    Water justice is becoming an ever-more pressing issue in times of increasing water-based inequalities and discrimination. Megacities, mining, forestry, industry and agribusiness claim an increasingly large share of available surface and groundwater reserves. Water grabbing and pollution generate

  4. 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

  5. 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

  6. 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.

  7. Droit communautaire des droits fondamentaux - Recueil de decisions de la Cour de justice des Communautes europeennes. (book review) The European Court of Justice on the European Convention on Human Rights - Who said what, when? (book review)

    NARCIS (Netherlands)

    Besselink, L.F.M.

    These two volumes both aim to collect the case law of the ECJ on the protection of human rights in the EC, with this restriction that the volume edited by Guild and Lesieur - as the title indicates - is limited to the case law explicitly involving the European Convention on Human Rights; whereas the

  8. Public Expenditures and Economic Growth: Was Wagner Right? Evidence from Turkey

    Directory of Open Access Journals (Sweden)

    Gizem Uzuner

    2017-06-01

    Full Text Available Going by Adolph Wagner’s theory, increased in public expenditure would have a significant influence growth. However, the endogenous growth theories posit that public sector either has direct or indirect impacts on economic growth. It is on this premise, we seek to examine and validate Wagner’s theory on the impact of current, investment and transfer expenditures on economic growth over the periods 1975-2014 for Turkey, using Johansen co-integration test and Granger causality test. Findings confirm Wagner’s law through the existence of a long term relationship between the variables, while public expenditures display a significant positive impact on economic growth.

  9. «Economic rights» as a result of the makrosystemth process in the law: formulation of the problem

    Directory of Open Access Journals (Sweden)

    Юлія Ігорівна Остапенко

    2016-06-01

    «economic rights» as a separate legal phenomenon, that conceptual device was left outside the research, also identified and place of the term «economic law» in the legal space as required result Sociodynamics the mechanism legislation. However, usually focuses on individual fragments relationship functioning economic system creating categorical apparatus required for each. It should be added that often because of certain circumstances their views do not correspond to modern realities, because the dynamics of economic relations for ten years - big time. In view of the above it can be stated that the question of integrative processes of legislation on economic issues, the impact of international standards on the process of modernization of national economic legislation and determine their role in it as a whole are not defined. Consideration of this issue is caused by lack of conceptual apparatus legislation Ukraine of terms such as «economic system» and «economic law». In addition, the domestic legislation is not developed a mechanism to ensure the development of the latter, which operates successfully operates a modern legal systems of the world. Given this, we can state that the need to adapt Ukrainian legal doctrine to the European legal system is in the legal functioning of the economic system of our country, because the design of economic law as a science and discipline will solve the problem of mismatch economic and legal point of view, a holistic concept relations state of law and Economics. Emphasize that while this gap is not eliminated, that remain unsettled some legal aspects of the existing conceptual mechanism of legal support economic system is inadequate. In addition, should agree on the basic provisions of legislation on regulation of relevant relations with foreign countries, to achieve the level of economic indicators sought legal opinion and national general our country. The article is the rationale for the legislative and legal

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

    Directory of Open Access Journals (Sweden)

    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.

  11. The cultural dimension of economic activities in international human right jurisprudence

    NARCIS (Netherlands)

    Donders, Y.; Vadi, V.; de Witte, B.

    2015-01-01

    Cultural diversity and human rights are mutually linked: human rights protect and promote cultural diversity while cultural diversity also forms an important aspect of the enjoyment of human rights. Cultural diversity and the economy are also increasingly connected, for example through cultural

  12. Sharing International Responsibility for the Protection of Poor Migrants? An Analysis of Extraterritorial Socio-Economic Human Rights Law

    NARCIS (Netherlands)

    Hesselman, Marlies

    2013-01-01

    This paper analyzes the possible legal bases for or the existence of extraterritorial socio-economic human rights obligations on the part of wealthier European ‘Destination Countries’ vis-à-vis poor migrants. In particular, the paper considers whether obligations of international cooperation and

  13. Regional and inter-regional economic rules and the enforcement of the right to health: The case of Colombia.

    Science.gov (United States)

    Rodríguez, Liliana Lizarazo; De Lombaerde, Philippe

    2015-12-01

    The regional policy level is often seen as a (potential) source of progressive policy-making in health (and in social policy more widely), complementing or substituting national policy levels, which are perceived as underperforming. While it can certainly be argued that there are important opportunities to adopt regional approaches to tackle border-crossing health issues, this article draws the attention to the fact that the linkage between (inter-)regional and national policy levels is not uni-directional. While in some instances the regional level may indeed take the lead in the promotion of (the right to) health, in other instances it may well be the other way round. This article focuses on the case of Colombia, where international economic rules have deeply permeated public policies in the health sector. On one hand, Colombia has been opening markets through the conclusion of regional integration arrangements (e.g. Andean Community and the Pacific Alliance) and the new generation of Free Trade Agreements. On the other hand, Colombia has been one of the most active emerging countries in promoting the right to health as a justiciable fundamental right, in line with the International Covenant on Economic, Social, and Cultural Rights of the United Nations mainly due to the judicial activism of the Colombian Constitutional Court with interesting implications for regional social governance. The article shows that national courts can play an important role in the protection of the right to health in a context of economic integration and the absence of regional balancing policies.

  14. Droit communautaire des droits fondamentaux - Recueil de decisions de la Cour de justice des Communautes europeennes. (book review) The European Court of Justice on the European Convention on Human Rights - Who said what, when? (book review)

    OpenAIRE

    Besselink, L.F.M.

    2001-01-01

    These two volumes both aim to collect the case law of the ECJ on the protection of human rights in the EC, with this restriction that the volume edited by Guild and Lesieur - as the title indicates - is limited to the case law explicitly involving the European Convention on Human Rights; whereas the collection Droit communautaire des droits fondamentaux has cast the net much wider. Both books are valuable reference tools, especially for those not having access to CD-ROM editions of the case l...

  15. Intermodal Freight Transport on the Right Track? Environmental and economic performances and their trade-off

    International Nuclear Information System (INIS)

    Kim, Nam Seok

    2010-01-01

    This dissertation aims to evaluate environmental and economic performances of an intermodal freight transport system and to estimate the trade-off between CO2 emissions, which is presented as an indicator of environmental performance, and freight costs, which indicate the economic performance of the intermodal freight system. The truck-only system is always regarded as the counterpart of the intermodal freight system in this dissertation. To examine the environmental performance of the intermodal freight system, CO2 emissions generated from all the processes in the intermodal chain, such as pre-haulage and post-haulage, long distance haulage, and transshipment, are estimated considering different sources that generate electricity and transmission loss of electricity (Chapters 3 and 4). To examine the economic performance of the system, two approaches are considered: (1) finding the intermodal breakeven distance for which the intermodal system is more competitive than the truck-only system (Chapter 5); (2) examining the economies of scale in the intermodal network and finding the route/system choice that minimizes the total freight transportation costs (Chapter 6). Finally, this dissertation attempts to find the trade-off between CO2 emissions (representing the environmental performance) and freight transportation cost (representing the economic performance) (Chapter 7)

  16. Economic analysis of pre-emptive right in the Serbian Law on property restitution and compensation

    Directory of Open Access Journals (Sweden)

    Baturan Luka O.

    2015-01-01

    Full Text Available This paper is application of cost-benefit analysis on a pre-emptive rights, which is established by the Serbian Law on Property Restitution and Compensation. The basic hypothesis is that this law institute disturbs efficiency of resource allocation, and decreases social welfare. There are a few better and more efficient institutes which can be used for gaining of goods in public ownership. To prove this hypothesis, we used neo-institutional economy method and normative method. In the first part of the paper, we presented the law of pre-emptive rights in the legal system of Serbia. After that, we analyzed effects of pre-emptive rights on a deviation from resource allocation. The third part represents an analysis of institutional frame for optimal resource allocation. There is a special view on imprecise definition of property rights, as well as the increased transaction costs due to the existence of the right of pre-emption.

  17. The European Court of Justice and the European Court of Human Rights determining the State responsible for examining an Asylum Application

    NARCIS (Netherlands)

    Versteegh, L.

    2015-01-01

    Article 6 of the Treaty of the European Union (TEU) as part of the 2009 Treaty of Lisbon states that the European Union recognizes the rights, freedoms and principles set out in the EU Charter of Fundamental Rights. It also states fundamental rights, as guaranteed by the European Convention on Human

  18. Getting off on the right foot: subjective value versus economic value in predicting longitudinal job outcomes from job offer negotiations.

    Science.gov (United States)

    Curhan, Jared R; Elfenbein, Hillary Anger; Kilduff, Gavin J

    2009-03-01

    Although negotiation experiences can affect a negotiator's ensuing attitudes and behavior, little is known about their long-term consequences. Using a longitudinal survey design, the authors tested the degree to which economic and subjective value achieved in job offer negotiations predicts employees' subsequent job attitudes and intentions concerning turnover. Results indicate that subjective value predicts greater compensation satisfaction and job satisfaction and lower turnover intention measured 1 year later. Surprisingly, the economic outcomes that negotiators achieved had no apparent effects on these factors. Implications, limitations, and future directions are discussed. (c) 2009 APA, all rights reserved.

  19. 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

  20. Litigating Economic, Social and Cultural Rights against Transnational Corporations in Indonesian Court

    Directory of Open Access Journals (Sweden)

    Iman Prihandono

    2017-12-01

    Full Text Available States should take appropriate steps to ensure the effectiveness of domestic judicial mechanisms when addressing business-related human rights abuses. These steps may include ways to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy. To a certain degree, these problems exist in Indonesia’s judicial remedy mechanism. This article examines court decisions in five cases involving Transnational Corporations (TNCs. These decisions are examined to identify challenges and opportunities in bringing a case on ESC rights violations against TNCs. It is found that claim on ESC rights violation may be brought to the court, and the court has jurisdiction to entertain the case. However, of the five cases filed against TNCs, only in one case has the court decided in favour of the plaintiff. Most of the cases were rejected on procedural matters. This situation suggests that it remains burdensome for the victims of ESC rights violations to seek remedy at the court. There are procedural burdens that has to be faced by plaintiff when bringing ESC rights case against corporations, particularly TNCs. Nevertheless, there are new develop-ments in relation with pursuing ESC rights in court. One of the important development is private business contract between the govern-ment and private corporations may be annulled by the court, if the exercise of the contract would violate the government's obligation to fulfil human rights of the citizens

  1. 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.

  2. Getting Risks Right:Thoughts about Increasing the Resilience of the Global Social & Economic System

    Directory of Open Access Journals (Sweden)

    Patrick Liedtke

    2012-04-01

    Full Text Available The extraordinary extent of the financial crisis has inspired deep systemic reforms world-wide, rethinking financial stability, the resilience of our economic systems, and the role that national and international institutions play. While most of the ongoing activities are understandably centred on banks and the banking sector – the origin and centre of the crisis – other important elements have been relegated into secondary roles and fundamental democratic processes have been sidelined. Financial issues have crowded out real economic issues as policy-makers and politicians spend more time on the financial than the substantial (i.e. the real economy and the democratic. Two fundamental concerns need to be addressed proactively: 1. A comprehensive approach to deal with both financial and real world risks on this planet, and 2. The global governance system based on democratic principles to follow globalisation of the business (and particularly the financial sector.

  3. Assessment of short reports using a human rights-based approach to tobacco control to the Commitee on Economics, Cultural and Social Rights.

    Science.gov (United States)

    Dresler, Carolyn; Henry, Kirsten; Loftus, John; Lando, Harry

    2017-07-28

    The health impact of tobacco use remains a major global public health concern and a human rights issue. The Human Rights and Tobacco Control Network (HRTCN) was established to increase the visibility of tobacco as a human rights issue. HRTCN submitted short reports to the UN Committee on Economic Social and Cultural Rights evaluating individual nations' tobacco control policies and offering recommendations. HRTCN reviewed Concluding Observations documents for nations for which the HRTCN submitted reports. If tobacco was mentioned in the Concluding Observations through acknowledging the Framework Convention on Tobacco Control ratification, policy changes or discussing tobacco in the recommendations, this was scored as a positive finding. HRTCN also reviewed Concluding Observations for nations for which HRTCN did not submit reports as a comparison. Thirty-eight HRTCN reports were submitted and tobacco was mentioned in Concluding Observations for 11 nations for a rate of 28.9%. In a comparison set of Concluding Observations (n=59), 7% had comments or recommendations relative to tobacco. This was not a controlled study and the 28.9% 'success rate' for impacting the Concluding Observations, although encouraging, is less than optimal-and leaves room for improvement. The higher rate of tobacco mentions for the cases where the HRTCN short reports were submitted provides preliminary indications that the short reports may have potential to increase the state focus on tobacco control. Future work will seek to improve the design and scope of the reports, and the specificity of the background information and recommendations offered. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2017. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

  4. A historical perspective on the economics of the ownership of mineral rights ownership

    Energy Technology Data Exchange (ETDEWEB)

    Cawood, F.T.; Minnitt, R.C.A. [Technikon SA, Florida (South Africa). Dept. of Engineering

    1998-11-01

    Inauguration of the new political dispensation in South Africa, initiated a dynamic period in the historical development of its minerals policy. The process of substituting the current South African mineral policy framework with an acceptable `post apartheid` system, started soon after the 1994 election of the African National Congress (ANC) government. The Green Paper on a Minerals and Mining Policy for South Africa released for public discussion in February 1998, calls for radical transformation in mineral rights ownership. A shift towards exclusive state ownership of mineral rights, away from the present dual system of private and state ownership, is the most significant proposal. The current holders of mineral rights, or their nominees, who lawfully enjoyed security of tenure under past and present mineral laws are opposed to this transformation because mineral rights were often acquired at considerable cost. The situation is compounded by poor public record-keeping and passive mineral rights administration over a very long period. This paper represents a summary of the historical developments leading to the current legislative environment and forms the basis for any discussion on which future sculpturing of South Africa`s policy regarding mineral rights can take place. One cannot plan for the future without considering the past. 21 refs.

  5. SOCIAL JUSTICE FOR DISABLED PEOPLE

    Directory of Open Access Journals (Sweden)

    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

  6. Stake and limit of nuclear energy on the respect of social, cultural and economic rights of African people

    International Nuclear Information System (INIS)

    KABORE Al Hassan

    2009-06-01

    The development of the capacities of energy production generates economic, social and cultural progress. However the energy production, especially that related to nuclear power, comprises many risks for man and his environment. These risks are primarily related to safety and health. In the developing countries like Burkina Faso, the nuclear engineering is used in the field of socio-economic and cultural development, and is beneficial to agriculture, medicine, the breeding, the research and management of water resources. The use of this nuclear engineering must however be subjected to the safety standards in the prospect of minimizing dangers such as accident risks, the stealing of sealed sources or its use by unqualified people. Its use should also be done in line with respecting human rights according to the convention on the complementary repair of damages. That would help reduce considerably the impacts of the use of nuclear engineering on human rights relating to public health, the environment and to the food [fr

  7. 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.

  8. 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.

  9. 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...

  10. Human rights violations among economically disadvantaged women with mental illness: An Indian perspective

    Science.gov (United States)

    Poreddi, Vijayalakshmi; Ramachandra; Thimmaiah, Rohini; Math, Suresh Bada

    2015-01-01

    Background: Globally women confront manifold violations of human rights and women with poverty and mental illness are doubly disadvantaged. Aim: The aim was to examine the influence of poverty in meeting human rights needs among recovered women with mental illness at family and community level. Materials and Methods: This was a descriptive study carried out among randomly selected (n = 100) recovered women with mental illness at a tertiary care center. Data were collected through face-to-face interview using structured needs assessment questionnaire. Results: Our findings revealed that below poverty line (BPL) participants were not satisfied in meeting their physical needs such as “access to safe drinking water” (χ2 = 8.994, P rights needs in emotional dimension, that is, afraid of family members (χ2 = 8.233, P women from APL group expressed that they were discriminated and exploited by the community members (χ2 = 17.490, P women with mental illness. Further, mental health professionals play an essential role in educating the family and public regarding human rights of people with mental illness. PMID:26124524

  11. Minority Protection in the European Union: From Economic Rights to the Protection of European Values

    NARCIS (Netherlands)

    Versteegh, C.R.M.

    2015-01-01

    Minority protection did not receive attention in the original EC treaty of 1956. The concept of nondiscrimination of laborers and later of EU citizens became the cornerstone for minority protection. Gradually the EU became familiar with the concept of human rights because of judgments of the

  12. The Satisfaction of the Right of Justice under the Colombian Peace Process. A Look at Developments in the Field of Criminal Responsibility in the Context of a Peace Process and Current International Standards

    Directory of Open Access Journals (Sweden)

    Beatriz Eugenia Suárez López

    2014-07-01

    Full Text Available With the purpose of comparing the peace agreements that were carried out in Colombia during the decades of the 80s and 90s and the current negotiation process that is taking place in Havana with the farc, the article identifies the lessons of the peace processes selected and discusses their relevance to the negotiation in progress. In particular, the article explicates how the right to justice of the victims, and the amnesties and pardons to members of illegal armed groups, were addressed in the past. Furthermore, the article examines the Legislative Act 1 of 2012, which establishes the so-called ‘Legal Framework for Peace’. Thus, it highlights the possible consequences in regards to international responsibility of the Colombian State and of the perpetrators of international crimes.

  13. Lawyer Secondary Consultations: improving access to justice and human rights: reaching clients otherwise excluded through professional support in a multi-disciplinary practice’

    Directory of Open Access Journals (Sweden)

    Liz Sara Curran

    2017-09-01

    Full Text Available Under international law there are moral obligations on Nation States to ensure, protect and adhere to certain human rights standards. The difficulty is that if people do not know they have rights, do not have the confidence to assert their human rights or do not know the pathways to gain access to legal support and advice to action their human rights, then those human rights become unrealisable. It is now empirically established that unresolved legal problems result in poorer health and social outcomes. This article argues that the use of secondary consultations where a lawyer gives advice in a timely and approachable way to non-legal professionals (‘trusted intermediaries’ likely to have contact with the most vulnerable and disadvantaged clients, then this is an effective way of reaching clients who would otherwise not gain help or advice. The thesis for this article is that legal secondary consultations build capacity and confidence in professionals to both identify legal or human rights so they either support a client or, where appropriate, refer clients who would otherwise not get help because of a range of inhibitors. Legal secondary consultations enable people to identify their human rights and action them where otherwise they would be overlooked. The author draws on personal practical experience and initial findings from recent research in urban, outer urban and rural settings in Australia.

  14. Regional and inter-regional economic rules and the enforcement of the right to health: The case of Colombia

    Science.gov (United States)

    Rodríguez, Liliana Lizarazo; De Lombaerde, Philippe

    2015-01-01

    The regional policy level is often seen as a (potential) source of progressive policy-making in health (and in social policy more widely), complementing or substituting national policy levels, which are perceived as underperforming. While it can certainly be argued that there are important opportunities to adopt regional approaches to tackle border-crossing health issues, this article draws the attention to the fact that the linkage between (inter-)regional and national policy levels is not uni-directional. While in some instances the regional level may indeed take the lead in the promotion of (the right to) health, in other instances it may well be the other way round. This article focuses on the case of Colombia, where international economic rules have deeply permeated public policies in the health sector. On one hand, Colombia has been opening markets through the conclusion of regional integration arrangements (e.g. Andean Community and the Pacific Alliance) and the new generation of Free Trade Agreements. On the other hand, Colombia has been one of the most active emerging countries in promoting the right to health as a justiciable fundamental right, in line with the International Covenant on Economic, Social, and Cultural Rights of the United Nations mainly due to the judicial activism of the Colombian Constitutional Court with interesting implications for regional social governance. The article shows that national courts can play an important role in the protection of the right to health in a context of economic integration and the absence of regional balancing policies. PMID:26635499

  15. The relevance of U.S. Ratification of the Convention on the Rights of the Child for Child Health: a matter of equity and social justice.

    Science.gov (United States)

    Kasper, Jennifer

    2010-01-01

    The United Nations Convention on the Rights of the Child (CRC) is a universally accepted tool to understand the social underpinnings of child health that medicine alone cannot address. Injustices plague U.S. society: Child poverty has been increasing since 2000, and the gap between the wealthiest and poorest is growing. Poverty is a toxic stress on child health and well-being. Three articles from the CRC help frame how to address this: nondiscrimination, the right to enjoy the highest attainable standard of health and access to health care, and the right to a standard of living adequate for complete development.

  16. Economic analysis of pre-emptive right in the Serbian Law on property restitution and compensation

    OpenAIRE

    Baturan Luka O.

    2015-01-01

    This paper is application of cost-benefit analysis on a pre-emptive rights, which is established by the Serbian Law on Property Restitution and Compensation. The basic hypothesis is that this law institute disturbs efficiency of resource allocation, and decreases social welfare. There are a few better and more efficient institutes which can be used for gaining of goods in public ownership. To prove this hypothesis, we used neo-institutional economy method and normative method. In the first pa...

  17. Gas Flaring in Nigeria. A Human Rights, Environmental and Economic Monstrosity

    International Nuclear Information System (INIS)

    Osuoka, Asume; Roderick, P.

    2005-06-01

    This Report tracks the flaring back to the closing days of colonial history, sketches the scale of the activity in what has become one of the world's biggest oil and gas producing countries, explains some of its implications for climate change and communities, shows how the practice constitutes a violation of human rights and is generally prohibited under the regulations, and concludes with recommendations for its elimination, and transparency

  18. Child-rights & child development in India - a socio-economic analysis under regional perspective

    OpenAIRE

    Roy, Chandan

    2013-01-01

    Every human being below the age of eighteen years is known as ‘child’ according to the universally accepted definition of United Nations Convention on the Rights of the Child (UNCRC). The need for special safeguard for the child had been stated in the Geneva Declaration, 1924. It was also proclaimed in that declaration that the child by the reason of his physical and mental immaturity needs this special safeguard including appropriate legal protection. The need to extend particular care to th...

  19. 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.

  20. 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....

  1. 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.)

  2. The Past, Present and Future of the Relations between the European Court of Justice and the European Court of Human Rights

    DEFF Research Database (Denmark)

    Fabbrini, Federico; Larik, Joris

    2016-01-01

    , even in the aftermath of Opinion 2/13, a virtuous competition between the CJEU and the ECtHR can have beneficial effect for the protection of fundamental rights, as evidenced by the case of judicial review of targeted UN sanctions. At a time of increasing frustration and preoccupation on the relation...

  3. 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

  4. Can "extreme poverty" protect against refoulement? : Economic refugees in the light of recent case law of the European Court of Human Rights

    NARCIS (Netherlands)

    Flegar, Veronika

    2015-01-01

    Economic refugees” largely remain outside the international protection regimes of refugee and human rights law. Nevertheless, recent case law of the European Court of Human Rights (ECtHR) opens up limited possibilities for economic refugees to rely on Article 3 of the European Convention on Human

  5. Impact of socio-economic status in meeting the needs of people with mental illness; human rights perspective.

    Science.gov (United States)

    Vijayalakshmi, Poreddi; Ramachandra; Reddemma, Konduru; Math, Suresh Bada

    2014-04-01

    The present descriptive study investigated the impact of socio-economic status in meeting the human rights needs among randomly selected recovered psychiatric patients (n = 100) at a tertiary care center. Data was collected through face to face interview, using structured Needs Assessment Questionnaire. The findings revealed that the participants from below poverty line were deprived of physical needs such as 'electricity facilities' (χ (2) = 6.821, p physical appearance (χ (2) = 8.337, p employment, disability pension, free housing, free treatment and free transportation service for people with mental illness to attend hospital or rehabilitation centres.

  6. 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.

  7. 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…

  8. 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,…

  9. 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…

  10. 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.

  11. Interpersonal brain synchronization in the right temporo-parietal junction during face-to-face economic exchange.

    Science.gov (United States)

    Tang, Honghong; Mai, Xiaoqin; Wang, Shun; Zhu, Chaozhe; Krueger, Frank; Liu, Chao

    2016-01-01

    In daily life, interpersonal interactions are influenced by uncertainty about other people's intentions. Face-to-face (FF) interaction reduces such uncertainty by providing external visible cues such as facial expression or body gestures and facilitates shared intentionality to promote belief of cooperative decisions and actual cooperative behaviors in interaction. However, so far little is known about interpersonal brain synchronization between two people engaged in naturally occurring FF interactions. In this study, we combined an adapted ultimatum game with functional near-infrared spectroscopy (fNIRS) hyperscanning to investigate how FF interaction impacts interpersonal brain synchronization during economic exchange. Pairs of strangers interacted repeatedly either FF or face-blocked (FB), while their activation was simultaneously measured in the right temporo-parietal junction (rTPJ) and the control region, right dorsolateral prefrontal cortex (rDLPFC). Behaviorally, FF interactions increased shared intentionality between strangers, leading more positive belief of cooperative decisions and more actual gains in the game. FNIRS results indicated increased interpersonal brain synchronizations during FF interactions in rTPJ (but not in rDLPFC) with greater shared intentionality between partners. These results highlighted the importance of rTPJ in collaborative social interactions during FF economic exchange and warrant future research that combines FF interactions with fNIRS hyperscanning to study social brain disorders such as autism. © The Author (2015). Published by Oxford University Press. For Permissions, please email: journals.permissions@oup.com.

  12. 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.

  13. 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.

  14. 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...

  15. Limitation of Socio-Economic Rights in the 2010 Kenyan Constitution: A Proposal for the Adoption of a Proportionality Approach in the Judicial Adjudication of Socio-Economic Rights Disputes

    Directory of Open Access Journals (Sweden)

    Nicholas Wasonga Orago

    2013-12-01

    Full Text Available On 27 August 2010 Kenya adopted a transformative Constitution with the objective of fighting poverty and inequality as well as improving the standards of living of all people in Kenya. One of the mechanisms in the 2010 Constitution aimed at achieving this egalitarian transformation is the entrenchment of justiciable socio-economic rights (SERs, an integral part of the Bill of Rights. The entrenched SERs require the State to put in place a legislative, policy and programmatic framework to enhance the realisation of its constitutional obligations to respect, protect and fulfill these rights for all Kenyans. These SER obligations, just like any other fundamental human rights obligations, are, however, not absolute and are subject to legitimate limitation by the State. Two approaches have been used in international and comparative national law jurisprudence to limit SERs: the proportionality approach, using a general limitation clause that has found application in international and regional jurisprudence on the one hand; and the reasonableness approach, using internal limitations contained in the standard of progressive realisation, an approach that has found application in the SER jurisprudence of the South African Courts, on the other hand. This article proposes that if the entrenched SERs are to achieve their transformative objectives, Kenyan courts must adopt a proportionality approach in the judicial adjudication of SER disputes. This proposal is based on the reasoning that for the entrenched SERs to have a substantive positive impact on the lives of the Kenyan people, any measure by the government aimed at their limitation must be subjected to strict scrutiny by the courts, a form of scrutiny that can be achieved only by using the proportionality standard entrenched in the article 24 general limitation clause.

  16. 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.

  17. Mathematics education for social justice

    Science.gov (United States)

    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

  18. 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...

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

    Directory of Open Access Journals (Sweden)

    Roman Teodora

    2014-07-01

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

  20. 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...

  1. 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.

  2. Rwanda - Strengthening Justice and Promoting Political Rights

    Data.gov (United States)

    Millennium Challenge Corporation — Our mixed-methods study—combining experimental, quasi-experimental, descriptive, and qualitative methods—assesses four of the five RTP components. Specifically, the...

  3. Using Landsat-based evapotranspiration data to assess the linkages between water right transfers and economic transactions in southern California

    Science.gov (United States)

    Senay, G. B.; Velpuri, N. M.; Schauer, M.; Friedrichs, M.; Singh, R. K.

    2017-12-01

    We used 31 years (1984-2014) of cloud-free Landsat data (3,396 Landsat scenes) to estimate evapotranspiration over the southwestern United States using the Operational Simplified Surface Energy Balance (SSEBop) model. We focused on some of California's most agriculture-intensive watersheds (8 central valley watersheds and Palo Verde Irrigation District (PVID)). Farmers in southern California (including PVID) have water rights on the Colorado River. After meeting competing demands for agriculture (irrigation) and rural domestic use, the Colorado River is diverted to meet urban water demands in southern California. Due to the population growth and increasing domestic use, farmers have entered a special agreement to transfer their water rights under the fallowing program to the Metropolitan Water District (MWD) of southern California. MWD supplies water to 19 million people, more than half of California's population, and is the largest supplier of treated water in the United States. In this study, we presented the total annual volumetric water use in the Palo Verde Irrigation District since 1984 and computed historical annual crop water saved due to a fallowing program. We then converted volumetric water saved to total payouts to farmers in dollars and estimated the number of beneficiary households in the Greater Los Angeles area. It is interesting to see that nearly 120,000 acre-feet of water was transferred from PVID to MWD in 2011 and the cost of water payouts were over $20 million. This water saving met the demands of over 325,000 households in the Greater Los Angeles area. This analysis helps to a) demonstrate an approach to estimate and compare annual water use and water payments/savings using satellite data, b) monitor water rights compliance in an irrigation district, c) demonstrate the impact of water savings, and d) understand the interconnections between land-water management and socio-economic transactions across multiple spatio-temporal scales.

  4. Enhancing Environmental Protection and Socio-Economic Development in Africa: A Fresh Look at the Right to a General Satisfactory Environment under the African Charter on Human and Peoples' Rights

    Directory of Open Access Journals (Sweden)

    Emeka Polycarp Amechi

    2009-06-01

    Full Text Available The African Charter to Human and Peoples' Rights is an innovative document as it is the first human rights albeit regional instrument to provide for a substantive right to environment. However, the right as provided under the Charter is encumbered as it is linked to the promotion of development. Such linkage has led to the argument that the right can only be invoked where it will not infringe the requirements of socio-economic development. While this issue appears to have engaged the attention of most commentators, there has not been much enquiry into what the right aims to achieve and the implication for the achievement of sustainable development objectives including environmental protection and poverty reduction in Africa. This article therefore seeks to evaluate the utility of the right to the pursuit of sustainable development objectives in Africa.

  5. Economics.

    Science.gov (United States)

    Palley, Paul D; Parcero, Miriam E

    2016-10-01

    A review of literature in the calendar year 2015 dedicated to environmental policies and sustainable development, and economic policies. This review is divided into these sections: sustainable development, irrigation, ecosystems and water management, climate change and disaster risk management, economic growth, water supply policies, water consumption, water price regulation, and water price valuation.

  6. 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.

  7. 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…

  8. 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...

  9. 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,…

  10. 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 ...

  11. 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.

  12. 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....

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

    Directory of Open Access Journals (Sweden)

    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

  14. 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...

  15. 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.

  16. 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.

  17. Economism

    Directory of Open Access Journals (Sweden)

    P. Simons

    2010-07-01

    Full Text Available Modern society is characterised not only by a fascination with scientific technology as a means of solving all problems, especially those that stand in the way of material progress (technicism, but also by an obsessive interest in everything that has to do with money (economism or mammonism. The article discusses the relationship between technicism and economism, on the basis of their relationship to utilitarian thinking: the quest for the greatest happiness for the greatest number of people. Recent major studies of neo-liberalism (seen as an intensification of utilitarianism by Laval and Dardot are used as reference to the development of utilitarianism. It is suggested that the western view of the world, as expressed in economism and technicism, with a utilitarian ethics, features three absolutisations: those of theoretical thinking, technology and economics. In a second part, the article draws on the framework of reformational philosophy to suggest an approach that, in principle, is not marred by such absolutisations.

  18. Economic governance of property rights: comparative analysis on the collection of royalties in genetically modified soybean seeds

    Directory of Open Access Journals (Sweden)

    Guilherme Fowler de Avila Monteiro

    2013-03-01

    Full Text Available This paper examines the governance of property rights on genetically modified (GM soybean seeds. Specifically, the article undertakes a comparative analysis on the collection of royalties in GM soybean seeds in the U.S. and Brazil. For each country, the authors describe the regulatory framework governing the protection of biotechnology innovations in agriculture and investigate the mechanisms of royalty collection in GM soybean seeds. The paper also offers econometric evidence linking the capture of value on biotech innovations and the protection mechanisms deployed by biotech firms. The results suggest that, subject to the institutional environment, firms may choose to transact a GM attribute separated from the seed, building specialized governance structures framed around the genetic attribute and not around the seed as a whole.Este artigo examina a governança de direitos de propriedade em sementes transgênicas de soja. Especificamente, o estudo empreende uma análise comparativa sobre a cobrança de royalties em sementes transgênicas de soja nos EUA e no Brasil. Para cada país, os autores descrevem a estrutura regulatória que rege a proteção de inovações biotecnológicas na agricultura e investigam os mecanismos de cobrança de royalties em sementes transgênicas de soja. O artigo também examina evidências econométricas que relacionam a captura de valor sobre inovações biotecnológicas e os mecanismos de proteção utilizados por firmas de biotecnologia. Os resultados sugerem que, com base no ambiente institucional, uma firma pode optar por transacionar um atributo transgênico separado da semente, estabelecendo estruturas especializadas de governança que se emolduram em torno do atributo e não da semente em si.

  19. 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…

  20. Restorative Justice in Indonesia: Traditional Value

    Directory of Open Access Journals (Sweden)

    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.

  1. IS AN INTERNATIONAL CORPORATE HUMAN RIGHTS LIABILITY FRAMEWORK NEEDED? AN ECONOMIC POWER, BUSINESS AND HUMAN RIGHTS, AND AMERICAN EXTRATERRITORIAL JURISDICTION ANALYSIS

    Directory of Open Access Journals (Sweden)

    Carlos Arevalo

    2013-11-01

    Full Text Available All companies, regardless of the sector they belong to, can positively or negatively impact human rights. Governments are increasingly aware of the benefits that free trade brings their nations, which has led them to do whatever is necessary to attract foreign investment, even if it means to act against the interests of their own people. The power relationship between corporations and states generates a tension derived from their nature: while the objective of states is the welfare of its members, the purpose of corporations is profit. It is in the crack generated by the collision of powers and purposes between these two actors, that this article is intended to raise the discussion on the need to establish an international framework for corporate liability for human rights violations. To achieve its goal, the article will analyze the opportunities and obstacles raised by the exercise of extraterritorial jurisdiction in the American context and its relationship with the developments in the business and human rights field.

  2. What's Wrong with Secondary School Economics and How Teachers Can Make It Right--Methodological Critique and Pedagogical Possibilities

    Science.gov (United States)

    Brant, Jacek Wiktor

    2015-01-01

    In the wake of current world financial crisis serious efforts are being made to rethink the dominant economic assumptions. There is a growing movement in universities to make economics more relevant and to embrace an understanding of diverse models. Additionally, philosophical schools such as critical realism have provided new tools for thinking…

  3. Global Poverty, Justice and Taxation

    Directory of Open Access Journals (Sweden)

    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.

  4. 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

  5. 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 ...

  6. 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...

  7. 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)

  8. 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.

  9. 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 ...

  10. 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.

  11. 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.

  12. 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

  13. 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

  14. Tensions and Challenges in Relation to the Enforceability of Economic, Social, and Cultural Rights in Argentina in the Light of Recent Events

    Directory of Open Access Journals (Sweden)

    Agustina Pérez

    2018-03-01

    Full Text Available This paper problematizes around the myths and truths of civil and political rights, and of economic, social, and cultural rights, especially with regard to their legal enforceability. To do this, the article takes a normative approach to how both "groups" of rights have been built over time, to move on to a detailed analysis of the main doctrinal and jurisprudential trends in the field.  In turn, the paper draws a parallel between different theories of enforceability and conceptions of democracy. Finally, the article places emphasis on the present circumstances of the Argentine institutionality, which put at stake both the enforceability of economic, social, and cultural rights in the domestic level, and the leadership of the country on the subject at the regional level.

  15. How experiential learning in an informal setting promotes class equity and social and economic justice for children from "communities at promise": An Australian perspective

    Science.gov (United States)

    Zyngier, David

    2017-02-01

    Educational research often portrays culturally, linguistically and economically disenfranchised (CLED) children's disengagement from school learning as individual behaviour, ignoring the contribution of race, gender, socio-cultural, ethnic and social class factors. This paper analyses a specific community engagement programme in Australia which uses experiential learning in an informal setting. The programme, which has been running for seven years, partners pre-service teachers, volunteer high school students and volunteers from a national bank with primary schools where many pupils are experiencing learning difficulties and school engagement problems as a result of their socio-economic status, their poverty, and their ethnic and cultural diversity. Drawing on the perspectives of the children and volunteers participating in the pilot study, and privileging their voices, this paper illustrates how community partnerships may be developed and sustained. The programme's conceptual framework of Connecting-Owning-Responding-Empowering (CORE) pedagogy is explored for its potential to enhance student engagement, achievement and empowerment through focused community involvement. The findings show that when students feel connected to and involved in their community, all participants are empowered in their learning and teaching.

  16. 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.

  17. Allies Advancing Justice: Cooperation between U.S. Bishops and Call to Action to Promote the Peace and Economic Pastoral Letters (1982–1987

    Directory of Open Access Journals (Sweden)

    Anthony J. Pogorelc

    2012-10-01

    Full Text Available This article discusses a phase of an ongoing relationship between a social movement organization (SMO, Call to Action, and the institutional organization (IO in which it is embedded, the Catholic Church. Relationships between SMOs and IOs are dynamic. At times they may engage in heated conflict related to the SMO’s goal to reform the IO and the desire of the IO leaders to maintain stability. There can also be times when such relationships are less adversarial and even cooperative. This article draws on periodicals, archival data and interviews to describe and analyze a period (1982–1987 when the values and interests of Call to Action and U.S. Bishops coalesced and led to a period of cooperation in which they together promoted the Peace and Economic Pastoral Letters written by the U.S. Conference of Bishops.

  18. Another Look at Distributive Justice and the Social Studies.

    Science.gov (United States)

    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…

  19. 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…

  20. 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 ...

  1. 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....

  2. 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.

  3. 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

  4. 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.

  5. Using Economic Evaluation to Illustrate Value of Care for Improving Patient Safety and Quality: Choosing the Right Method.

    Science.gov (United States)

    Padula, William V; Lee, Ken K H; Pronovost, Peter J

    2017-08-03

    To scale and sustain successful quality improvement (QI) interventions, it is recommended for health system leaders to calculate the economic and financial sustainability of the intervention. Many methods of economic evaluation exist, and the type of method depends on the audience: providers, researchers, and hospital executives. This is a primer to introduce cost-effectiveness analysis, budget impact analysis, and return on investment calculation as 3 distinct methods for each stakeholder needing a measurement of the value of QI at the health system level. Using cases for the QI of hospital-acquired condition rates (e.g., pressure injuries), this primer proceeds stepwise through each method beginning from the same starting point of constructing a model so that the repetition of steps is minimized and thereby capturing the attention of all intended audiences.

  6. "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…

  7. Right to economic development and right to healthy environment and its relations with petroleum industry; O direito ao desenvolvimento economico frente a questao ambiental e suas relacoes com a industria do petroleo

    Energy Technology Data Exchange (ETDEWEB)

    Martins, Luciana Queiroz Lopes de Melo [Rio Grande do Norte Univ., Natal, RN (Brazil)]. E-mail: lqlmmartins@bol.com.br

    2003-07-01

    The aim of this paper is to study the question concerning two relevant features of modern world, that are the right to economic development and the right to a healthy environment. In a recent past, these two human rights were analysed without connections between themselves, but they require an accurate and joint understanding today, for the progress of humankind will be more and more dependent on their coordination. The study is undertaken regarding oil and gas industry, for oil and gas is a 'necessary evil' (they still are relevant energy source without immediate substitute), notwithstanding their negative impacts on public opinion in reason of constant oil spills. The discussions about oil and gas industry have passed through national borders, requesting international cooperation in order to secure a sustainable future to 'petroleum civilization'. (author)

  8. Vine planting rights, farm size and economic performance: Do economies of scale matter in the French viticulture sector?

    Directory of Open Access Journals (Sweden)

    Bernard Delord

    2015-06-01

    In summary, the main argument put forward by the European Commission to justify canceling vine planting rights is not adapted to the case of France because it considers wine as a single product sold at a single price.

  9. Economic efficiency of coal gasification in Poland in reference to the price of CO2 emission rights

    Directory of Open Access Journals (Sweden)

    Kopacz Michał

    2016-01-01

    Full Text Available The article presents the impact of prices of carbon dioxide on the economic efficiency of 14 coal gasification technologies employed for producing electricity, hydrogen and methanol measured with the use of NPV method. All technical, technological and economic assumptions in the assessment have been made for Polish conditions. The impact of CO2 prices were examined in the range of 30-200 PLN/Mg. The production capacity of the base technology corresponds with the fuel consumption of indicative coal having the calorific value of 20.5 GJ/Mg, used in the amount of 100 Mg/h. On the basis of the conducted research, with respect to all technical and economic assumptions, it can be stated that for the base scale there is a clear impact of prices of CO2 emission allowances above the 90 PLN/Mg CO2. Such a level of carbon dioxide prices makes the decision concerning construction of geological sequestration systems (CCS, carbon capture and storage worthwhile. This applies in particular to the production of electric energy. For the variants focused on hydrogen production there is a dominance of variants with CCS system only at the price exceeding 120 PLN/Mg CO2, and in the case of methanol such a situation occurs above 150 PLN/Mg CO2.

  10. The negotiability of labor rights: an economic analysis La negociabilidad de los derechos laborales: un análisis económico

    Directory of Open Access Journals (Sweden)

    Camilo Piedrahita Vargas

    2012-06-01

    Full Text Available This paper shows the results of the applied research titled "Negotiating labor rights: an economic analysis", which analyzes the legal regulation on individual labor rights negotiation in Colombia from the viewpoint of basic economic principles (Economic Analysis of Law, in order to identify the inefficiencies caused by the prohibition of this type of negotiations. After introducing the discipline of the Economic Analysis of Law, this article specifically analyzes the main legal principles that support the prohibition of individual negotiations which summed to the economic characteristics of the agents (workers, produce inefficiency in the labor markets.Este trabajo presenta los resultados de la investigación aplicada: “La negociabilidad de los derechos laborales: un análisis económico”, la cual tuvo como objetivo principal analizar la regulación jurídica relativa a la negociación individual de los derechos laborales en Colombia a la luz de los postulados de la economía (Análisis Económico del Derecho - AED, con el fin de identificar la ineficiencia generada por la prohibición de la negociación de los mismos. Tras familiarizar al lector con la disciplina del AED, este artículo analiza las principales normas jurídicas que regulan (y prohíben la libertad de negociación individual en materia laboral lo cual sumado a las características económicas de los agentes (trabajadores desata un alto nivel de ineficiencia en el mercado de trabajo. 

  11. The Protection of the Right to Education by International Law: Including a Systematic Analysis of Article 13 of the International Covenant on Economic, Social and Cultural Rights. International Studies in Human Rights, 82

    Science.gov (United States)

    Beiter, Klaus Dieter

    2006-01-01

    A trend has emerged of not defining education as a "human right" anymore, but of rather calling it a "human need". This has paved the way for an ever increasing commercialisation of education, excluding the poor from access to education. A problem at a different level is that states often do not know what is expected of them…

  12. 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)

  13. 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)

  14. Economic impact of ecosystem services provided by ecologically sustainable roadside right of way vegetation management practices : [summary].

    Science.gov (United States)

    2014-03-01

    The Florida Department of Transportation (FDOT) : has approximately 186,121 acres of right-of-way : (ROW) for roads in the State Highway System : (SHS), about half of which are vegetated. As in : many states, turfgrass is often used to stabilize : so...

  15. 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.

  16. 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

  17. 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.

  18. 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.

  19. 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.

  20. 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.

  1. 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...

  2. 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.

  3. 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

  4. 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

  5. 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.

  6. Reflexivity and social justice

    DEFF Research Database (Denmark)

    Maksimovic, Tijana; Jakobsen, Helle Nordentoft

    2017-01-01

    Career practitioners’ reflexive understanding of their professional role as change agents in career guidance and counselling practices has a major impact on how social justice can be achieved. This entitles an awareness of the way in which guidance and counselling practices are embedded in the co......Career practitioners’ reflexive understanding of their professional role as change agents in career guidance and counselling practices has a major impact on how social justice can be achieved. This entitles an awareness of the way in which guidance and counselling practices are embedded...

  7. Economic governance of property rights: comparative analysis on the collection of royalties in genetically modified soybean seeds

    Directory of Open Access Journals (Sweden)

    Guilherme Fowler de Avila Monteiro

    2013-03-01

    Full Text Available This paper examines the governance of property rights on genetically modified (GM soybean seeds. Specifically, the article undertakes a comparative analysis on the collection of royalties in GM soybean seeds in the U.S. and Brazil. For each country, the authors describe the regulatory framework governing the protection of biotechnology innovations in agriculture and investigate the mechanisms of royalty collection in GM soybean seeds. The paper also offers econometric evidence linking the capture of value on biotech innovations and the protection mechanisms deployed by biotech firms. The results suggest that, subject to the institutional environment, firms may choose to transact a GM attribute separated from the seed, building specialized governance structures framed around the genetic attribute and not around the seed as a whole.

  8. 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.

  9. 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.

  10. 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.…

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

    Directory of Open Access Journals (Sweden)

    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.

  12. EUROPEAN UNION SUPPORT AND TRANSITIONAL JUSTICE PROCESSES IN KOSOVO

    Directory of Open Access Journals (Sweden)

    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.

  13. 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.

  14. 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.

  15. Criminal Justice in America.

    Science.gov (United States)

    Croddy, Marshall; And Others

    An introduction to criminal law, processes, and justice is provided in this high school level text. Content is divided into six chapters, each treating a particular aspect of criminal procedure and the social and political issues surrounding it. Chapter 1 considers the criminal, the effects of crime on its victims, and legislation to aid victims.…

  16. Criminal Justice Web Sites.

    Science.gov (United States)

    Dodge, Timothy

    1998-01-01

    Evaluates 15 criminal justice Web sites that have been selected according to the following criteria: authority, currency, purpose, objectivity, and potential usefulness to researchers. The sites provide narrative and statistical information concerning crime, law enforcement, the judicial system, and corrections. Searching techniques are also…

  17. Publicity and Egalitarian Justice

    DEFF Research Database (Denmark)

    Lippert-Rasmussen, Kasper

    2008-01-01

    Recently, the issue of publicity has surfaced in discussions of the correct interpretation of the Rawlsian principles of justice. In an intriguing critique of G.A. Cohen's preferred interpretation of the difference principle as a principle that is incompatible with incentive-based inequalities...

  18. The Child Justice Act

    African Journals Online (AJOL)

    Stephan

    1995-06-16

    Jun 16, 1995 ... Gallinetti "Child Justice" 648; Le Roux-Kemp 2008 Annual Survey of South African Law 298 (the. Act contains a "separate, but parallel, ... The various aspects of section 68 are then evaluated. The greatest challenges lie in the ... See also, eg, Picardi Hotels v Thekwini. Properties 2009 1 SA 493 (SCA) para ...

  19. 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?

  20. Satisfaction with economic and social rights and quality of life in a post-disaster zone in China: evidence from earthquake-prone Sichuan.

    Science.gov (United States)

    Liang, Ying

    2015-04-01

    This study explored the influence of satisfaction with economic and social rights (ESR) on the quality of life (QOL) of people in post-disaster zones in Sichuan, China. Data from a survey conducted in 2013 in the 5 hardest hit counties in the earthquake-prone area of Sichuan were used. QOL was measured by use of the brief version of the World Health Organization Quality of Life questionnaire (WHOQOL-BREF). Structural equation models were developed to determine the specific features of the influence of satisfaction with ESR on QOL. The mean values of both the WHOQOL-BREF scale and the ESR satisfaction scale were lower than the midpoint of the scales. Satisfaction with ESR had a significant effect on psychological health, social relationships, and environment, apart from physical health. Satisfaction with the right to food had the greatest effect on QOL, followed by the rights to education, work, health, social security, and housing. Satisfaction with ESR had a significant positive influence on the QOL of people in a post-disaster zone, particularly satisfaction with the right to food. Policies on food and education guarantees and mental health intervention are highlighted.

  1. 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.

  2. „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

  3. 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...

  4. 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...

  5. 5 February 2010: Romanian Former Minister of Justice V. Stoica (4th from left) visiting SM18 with, from left to right, University of Bucharest Faculty of Physics A. Costescu, DESY Hamburg C. Diaconu; Mrs Valeriu Stoica; Université de Montpellier II S. Ciulli; Technology Department Vacuum, Surfaces and Coatings group S. Ilie; Technology Department Head F. Bordry and Adviser for Russian Federation, Central and Eastern Europe T. Kurtyka.

    CERN Multimedia

    Maximilien Brice

    2010-01-01

    5 February 2010: Romanian Former Minister of Justice V. Stoica (4th from left) visiting SM18 with, from left to right, University of Bucharest Faculty of Physics A. Costescu, DESY Hamburg C. Diaconu; Mrs Valeriu Stoica; Université de Montpellier II S. Ciulli; Technology Department Vacuum, Surfaces and Coatings group S. Ilie; Technology Department Head F. Bordry and Adviser for Russian Federation, Central and Eastern Europe T. Kurtyka.

  6. Choosing children: intergenerational justice?

    Science.gov (United States)

    Doyal, Len; McLean, Sheila

    2005-03-01

    In this discussion, we argue that the concept of intergenerational justice, usually used in environmental matters, is applicable to reproductive decisions also. Additionally, we propose that this permits certain reproductive choices to be made prior to conception or during the pregnancy, and that these choices should not be confined to clinical concerns. In particular, we argue that consideration of the interests of future children should be viewed from the perspective of objective well-being. That being the case, decisions about the sex of future offspring can, in terms of intergenerational justice, be legitimate. We do not argue that every reproductive choice is legitimate; for example it would not be legitimate deliberately to choose characteristics that prevent future children from potentially successful participation in social life.

  7. 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.

  8. 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…

  9. Criminal Justice Transitions

    OpenAIRE

    McAra, Lesley; McVie, Susan

    2007-01-01

    This report explores transitions into the adult criminal justice system amongst a large cohort of young people who were involved in the Edinburgh Study of Youth Transitions and Crime. It includes: a description of patterns of criminal convictions and disposals for young people up to age 19 (on average); an examination of the characteristics and institutional histories of cohort members with a criminal record as compared with youngsters with no such record; and an exploration of the profile of...

  10. Climate Change Justice

    OpenAIRE

    Sunstein, Cass R.; Posner, Eric A.

    2007-01-01

    Greenhouse gas reductions would cost some nations much more than others and benefit some nations far less than others. Significant reductions would impose especially large costs on the United States, and recent projections suggest that the United States has relatively less to lose from climate change. In these circumstances, what does justice require the United States to do? Many people believe that the United States is required to reduce its greenhouse gas emissions beyond the point that is ...

  11. 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...

  12. 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...

  13. 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…

  14. 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

  15. 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…

  16. 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…

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

    Directory of Open Access Journals (Sweden)

    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.

  18. 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

  19. 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.

  20. 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.

  1. 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...

  2. 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.

  3. 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.

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

    Science.gov (United States)

    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).

  5. 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...

  6. 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

  7. 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

  8. 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…

  9. 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 ...

  10. 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…

  11. 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; ...

  12. 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,…

  13. Where Human Rights Meet Administrative Law: Essential Elements and Limits to Delegation: European Court of Justice, Grand Chamber C-355/10: European Parliament v. Council of the European Union

    NARCIS (Netherlands)

    den Heijer, M.; Tauschinsky, E.

    2013-01-01

    Case C-355/10 deals with institutional questions and with the delicate issue of intercepting migrants at sea, and thus with fundamental rights. The European Parliament had sought the annulment of a decision of the Council, adopted under the regulatory procedure with scrutiny (PRAC), on the grounds

  14. Justice in Cyberwar

    Directory of Open Access Journals (Sweden)

    Klaus-Gerd Giesen

    2014-06-01

    Full Text Available http://dx.doi.org/10.5007/1677-2954.2014v13n1p27 The text aims at providing an ethical framework for cyber warfare. The latter is changing our understanding of war (and peace as well as the relationship between the human being and the machine. Rejecting Heidegger’s fatalistic stance towards technology it is argued that norms of international justice should be formulated in order to attempt to regulate this new military dimension. The potentially considerable destructive force of cyberweapon systems for civilian infrastructure is emphasized, especially as far as the « Internet of Things » (all physical objects connected to the Internet is concerned. In a foreseeable future cyberwar operations may kill many civilians. After defining the concept of cyberwar and explainig why it is a new and important moral issue, the paper heavily relies on just war ethics in order to reach norms for justice in cyberwar. It is shown that Immanuel Kant has not just been a philosopher of (perpetual peace, but (in the Metaphysics of Morals also a just war theorist who developed his normative framework in a fruitful dialog with Aquinas (against Vitoria and Suarez. His norms for jus ad bellum and jus in bello are carefully and critically applied to cyberwar. However, Kant’s major innovation in just war theory has been the concept of jus post bellum. The paper demonstrates how important this dimension of justice is in cyberwar, and how to apply it, including through recommendations for a treaty in international law.

  15. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  17. Northern Ireland in Transition: The Role of Justice

    Directory of Open Access Journals (Sweden)

    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.

  18. Biomedical enhancements as justice.

    Science.gov (United States)

    Nam, Jeesoo

    2015-02-01

    Biomedical enhancements, the applications of medical technology to make better those who are neither ill nor deficient, have made great strides in the past few decades. Using Amartya Sen's capability approach as my framework, I argue in this article that far from being simply permissible, we have a prima facie moral obligation to use these new developments for the end goal of promoting social justice. In terms of both range and magnitude, the use of biomedical enhancements will mark a radical advance in how we compensate the most disadvantaged members of society. © 2013 John Wiley & Sons Ltd.

  19. 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...

  20. 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

  1. Economic Inequality and Economic Crisis: A Challenge for Social Workers

    Science.gov (United States)

    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…

  2. 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)

  3. Social Justice and the Environmental Commons.

    Science.gov (United States)

    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.

  4. Women, truth, justice and reparation in Colombia

    Directory of Open Access Journals (Sweden)

    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.

  5. 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…

  6. 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 ...

  7. 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 ...

  8. 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 ...

  9. 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.

  10. Social welfare and restorative justice

    OpenAIRE

    Fox, Darrell

    2009-01-01

    "This paper explores the links and connections between social work and restorative justice. After a brief description of social work, restorative justice and family group conferencing, I will explore some the complementary theoretical links and practice applications, critically examining the potential implications and opportunities for social work practitioners and academics in relation to practice." [author's abstract

  11. Educational Administration and Social Justice

    Science.gov (United States)

    Bates, Richard

    2006-01-01

    After observing that texts in educational administration have largely failed to address the problem of the justice and fairness of social and educational arrangements, this article goes on to examine the necessary relationships between ethical leadership, community and the notion of social justice. Such relationships are argued to be necessarily…

  12. Educational Justice and Big Data

    Science.gov (United States)

    Ben Shahar, Tammy Harel

    2017-01-01

    This article examines the effects of incorporating information and communication technologies in schools in terms of distributive justice. To do so, four issues that are central to educational justice are discussed: scarcity of resources, the positional nature of education, peer effects, and biases in educational decision-making. The discussion…

  13. Gender Justice and School Education

    Science.gov (United States)

    Gao, Desheng

    2009-01-01

    Gender justice includes three basic dimensions: gender equality, respect for difference, and free choice. In reality, schools construct and reproduce the gender injustice of the social culture through multiple dimensions that include the visible and the invisible curriculum, and the teacher's behaviour. In terms of gender justice, the social…

  14. CIVIL JUSTICE IN SOUTH AFRICA

    Directory of Open Access Journals (Sweden)

    D. Van Loggerenberg

    2016-01-01

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

  15. Comparative Supreme Justice

    Directory of Open Access Journals (Sweden)

    Ditlev Tamm

    2011-12-01

    Full Text Available This article deals with the great variety of Supreme Courts in the world today and presents some selected courts. Supreme Courts are found in most countries both as only apex courts or in a courts’ system where also supreme administrative courts or constitutional courts are found. The starting point is the variation of supreme justice in the Nordic countries where one apex court is the system of Denmark and Norway whereas administrative courts are found in Sweden and Finland. Constitutional courts stem from the European tradition and are most abundant in Europe and in countries with a civil law system but especially in Africa they are also found in common law countries. Mexico is mentioned as a specific example of a Supreme Court that has taken upon itself to be a main player in the endeavour to communicate the law to a general audience. The article is a presentation with samples of what is going to be a project on comparative supreme justice in which the position of supreme courts in the various states, the recruitment scheme and competence of the courts and other such factors will be analyzed on a global basis.

  16. 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

  17. 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

  18. 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

  19. 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.

  20. 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.

  1. 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.

  2. Procedural Justice in Dutch Administrative Court Proceedings

    Directory of Open Access Journals (Sweden)

    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.

  3. Right patient, Right blood

    DEFF Research Database (Denmark)

    Selberg, Hanne; Madsen, Trine Stougaard

    2014-01-01

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

  4. 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 ...

  5. 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.

  6. 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....

  7. 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...

  8. 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)

  9. 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

  10. 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

  11. Gendering agency in transitional justice

    DEFF Research Database (Denmark)

    Björkdahl, Annika; Selimovic, Johanna Mannergren

    2015-01-01

    -Herzegovina, where we point out instances of critical, creative, and transformative agency performed by women that challenge or negotiate patterns of gendered relations of domination. We collect women’s oral narratives and explore new sets of questions to capture women’s unique experiences in doing justice......Mainstream transitional justice and peacebuilding practices tend to re-entrench gendered hierarchies by ignoring women or circumscribing their presence to passive victims in need of protection. As a consequence we have limited knowledge about the multifaceted ways women do justice and build peace....... To address this lacuna we conceptualize and unpack the meaning of gendered agency, by identifying its critical elements and by locating it in space and in time. The conceptual work that we undertake is underpinned by empirical mapping of the transitional justice spaces in post-conflict Bosnia...

  12. Restorative justice innovations in Canada.

    Science.gov (United States)

    Wilson, Robin J; Huculak, Bria; McWhinnie, Andrew

    2002-01-01

    As many jurisdictions move towards more retributive measures as a means to address public discontent with crime, a parallel movement has developed in regard to restorative justice. This article presents three restorative initiatives currently in use in Canada. Each initiative addresses offender behavior and community engagement at a different point in the justice continuum. The use of Sentencing Circles is an example of how restorative justice principles can be instituted at the front end, prior to an offender becoming lodged in the system. The Restorative Justice Options to Parole Suspension project demonstrates how community engagement can assist in preventing offenders from being returned to the system once they have achieved conditional release. The Circles of Support and Accountability project has enlisted the support of professionally supported volunteers in the community reintegration of high-risk sexual offenders. These initiatives are presented within a framework of effective correctional interventions and increased empowerment for a variety of stakeholders. Copyright 2002 John Wiley & Sons, Ltd.

  13. Allegheny County Environmental Justice Areas

    Data.gov (United States)

    Allegheny County / City of Pittsburgh / Western PA Regional Data Center — Environmental Justice areas in this guide have been defined by the Pennsylvania Department of Environmental Protection. The Department defines an environmental...

  14. Social justice and the formal principle of freedom

    Directory of Open Access Journals (Sweden)

    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.

  15. Crime, In/Security and Mob Justice

    DEFF Research Database (Denmark)

    Orock, Rogers Tabe Egbe

    2014-01-01

    from violent crime. The widespread sense of anxiety over various forms of violent crime and state failure to guarantee protection for citizens generates a quest for alternative practices of safety-making that, in turn, evoke serious concerns over state power and sovereignty in Africa. Focusing on mob...... justice in Cameroon, this article argues that the political contextualisation of sovereignty must pay attention not only to the sovereign’s right to kill and let live, but also its responsibility to guarantee safety for those citizens it chooses to let live. The paper demonstrates that in Cameroon mob...

  16. 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...

  17. 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.

  18. Transgenerational epigenetics and environmental justice.

    Science.gov (United States)

    Rothstein, Mark A; Harrell, Heather L; Marchant, Gary E

    2017-07-01

    Human transmission to offspring and future generations of acquired epigenetic modifications has not been definitively established, although there are several environmental exposures with suggestive evidence. This article uses three examples of hazardous substances with greater exposures in vulnerable populations: pesticides, lead, and diesel exhaust. It then considers whether, if there were scientific evidence of transgenerational epigenetic inheritance, there would be greater attention given to concerns about environmental justice in environmental laws, regulations, and policies at all levels of government. To provide a broader perspective on environmental justice the article discusses two of the most commonly cited approaches to environmental justice. John Rawls's theory of justice as fairness, a form of egalitarianism, is frequently invoked for the principle that differential treatment of individuals is justified only if actions are designed to benefit those with the greatest need. Another theory, the capabilities approach of Amartya Sen and Martha Nussbaum, focuses on whether essential capabilities of society, such as life and health, are made available to all individuals. In applying principles of environmental justice the article considers whether there is a heightened societal obligation to protect the most vulnerable individuals from hazardous exposures that could adversely affect their offspring through epigenetic mechanisms. It concludes that unless there were compelling evidence of transgenerational epigenetic harms, it is unlikely that there would be a significant impetus to adopt new policies to prevent epigenetic harms by invoking principles of environmental justice.

  19. 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.

  20. CONTEMPORARY CHALLENGES IN LATIN AMERICAN ADMINISTRATIVE JUSTICE

    Directory of Open Access Journals (Sweden)

    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.

  1. 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...

  2. 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...

  3. 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…

  4. 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 ...

  5. 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 ...

  6. 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 ...

  7. 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…

  8. 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 ...

  9. Social Justice and Education in the Public and Private Spheres

    Science.gov (United States)

    Power, Sally; Taylor, Chris

    2013-01-01

    This paper explores the complex relationship between social justice and education in the public and private spheres. The politics of education is often presented as a battle between left and right, the state and the market. In this representation, the public and the private spheres are neatly aligned on either side of the line of battle, and…

  10. Representing Human Rights Violations in Darfur: Global Justice, National Distinctions.

    Science.gov (United States)

    Savelsberg, Joachim J; Brehm, Hollie Nyseth

    2015-09-01

    This article examines how international judicial interventions in mass atrocity influence representations of violence. It relies on content analysis of 3,387 articles and opinion pieces in leading newspapers from eight Western countries, compiled into the Darfur Media Dataset, as well as in-depth interviews to assess how media frame violence in the Darfur region of Sudan. Overall, it finds that UN Security Council and International Criminal Court interventions increase representations of mass violence as crime in all countries under investigation, although each country applies the crime frame at a different level. Reporting suffering and categorizing the violence as genocide also varies across countries. Comparative case studies identify country specific structural and cultural forces that appear to account for these differences. Multilevel multivariate analyses confirm the explanatory power of cultural sensitivities and policy practices, while individual-and organization-level factors, such as reporters' gender and the newspapers' ideological orientation, also have explanatory power.

  11. Understanding Impunity : the Right to Truth, Justice and Reparation ...

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

    Le CRDI lance un nouveau projet dans la région de l'ANASE. L'honorable Chrystia Freeland, ministre du Commerce international, a annoncé le lancement d'un nouveau projet financé par le Centre de recherches pour le développement international (CRDI). Voir davantageLe CRDI lance un nouveau projet dans la région ...

  12. Whether administration of justice is exceptionally only a human right?

    OpenAIRE

    Sapetkaitė, Gabrielė

    2017-01-01

    Šio darbo tikslas yra aptarti teisingumo vykdymą kaip tradicinę žmogaus teisę, dirbtinio intelekto sistemų poveikį teisės srityje bei pateikti galimus žmogaus teisės vykdyti teisingumą reguliavimo sprendimus dirbtinio intelekto sistemų kontekste. Darbo objektas yra – žmogaus teisė vykdyti teisingumą. Magistro darbu yra siekiama paanalizuoti mokslinę problemą ir atsakyti į klausimą ar teisingumo vykdymas yra išimtinai tik žmogaus teisė? Siekiant atsakyti į šį klausimą darbe yra pateikiami užsi...

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

    African Journals Online (AJOL)

    involved an introduction to specific visual art curricular intervention projects which required .... prioritize other principles such as respect for authority.”2. To support the notion ... liberating and enabling educational environment. .... image addresses the danger of rampant pollution in a fragile natural world, symbolized by the.

  14. The Radical Potential of the Food Justice Movement

    Directory of Open Access Journals (Sweden)

    Nancy Romer

    2014-02-01

    Full Text Available The two main threats to our people and planet are climate change and corporate control of our economy and polity.[1] These enormous and completely intertwined issues will take a mass movement of epic proportions to shift. Time is of the essence as climate, economic and political disasters keep coming, ever gaining in intensity, impoverishing our people while enriching the transnational and national corporations.  Agreements like the Trans Pacific Partnership that would further strip national governments of their rights to protect labor and the environments in favor of protecting corporate profits cast this future as likely to deepen. The need to build dynamic and effective movements that embody the needs of our people is an imperative for those of us who believe that only democratic struggles, led by the most oppressed and joined by allies, can create a new world.  We need that new world more than ever as we face the realities of life on earth shifting before our very eyes. The Food Justice Movement (FJM offers a door through which to enter the enormous and often baffling labyrinth of broad sectors, issues, analyses and strategies of movements that exist and need to expand and gel.

  15. 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

  16. 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.

  17. 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....

  18. El impacto de la educación de la justicia criminal en el clima político-socio-económico de naciones de transición y desarrollo/The impact of the education of criminal justice in the socio–economic-politic climate of countries in transition and development

    Directory of Open Access Journals (Sweden)

    Chris Eskridge (Estados Unidos de América

    2014-01-01

    Full Text Available Se propone que los esfuerzos sean emprendidos para desarrollar los departamentos académicos de la Criminología y justicia criminal dentro de los sistemas educativos más altos de naciones desarrolladas y de transición. Es mi proposición que en tiempo, este plan estratégico reducirá el alcance y la extensión de la corrupción en estas naciones y moverá generalmente el crimen en un contexto más manejable. Esto en cambio rendirá una oportunidad aumentada para tales naciones como asegurar la inversión externa, darse cuenta de la estabilidad económica aumentada, y participar eventualmente en un grado más grande en la economía del mercado global. It is proposed that efforts be undertaken to develop the academic departments of Criminology and criminal justice within educational systems highest of developed nations and transition. It is my proposition that in time, this strategic plan will reduce the scope and extent of corruption in these Nations and generally move the crime in a more manageable context. This will instead pay a chance increased to such Nations as ensuring foreign investment, realizing increased economic stability, and eventually participate in a larger extent in the global market economy.

  19. "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.

  20. 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.

  1. Islamic Political Thought between Justice Value and the State Structure

    Directory of Open Access Journals (Sweden)

    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.

  2. 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 ...

  3. 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.

  4. THE THEORETICAL PRINCIPLES OF JUSTICE WITHIN THE PENAL ASPECT

    Directory of Open Access Journals (Sweden)

    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.

  5. Social Justice, Research, and Adolescence.

    Science.gov (United States)

    Russell, Stephen T

    2016-03-01

    In what ways might research on adolescence contribute to social justice? My 2014 Presidential Address identified strategies for social justice in our field. First, we need research that is conscious of biases, power, and privilege in science, as well as in our roles as scholars. Second, we need research that attends to inequities in lives of adolescents, and as scholars we need to question the ways that our research may unwittingly reinforce those inequalities. Third, we need research that attends to urgencies, that is, issues or conditions that influence adolescents' well-being which demand attention and action. I draw from a range of concepts and theoretical perspectives to make the case for a framework of social justice in research on adolescence.

  6. Green justice in the city

    DEFF Research Database (Denmark)

    Rutt, Rebecca Leigh; Gulsrud, Natalie Marie

    2016-01-01

    tIn this short communication, we discuss European urban green space (UGS) research from an environ-mental justice perspective. We show that European UGS scholarship primarily focuses on functionalvalues and managerial aspects of UGS, while paying less attention to equity in the enjoyment of andde...... of anddecision-making around UGS. On this basis we discuss potentials for European urban green space researchto take up a more explicit environmental justice framing to shed much-needed light on injustices inEuropean cities and inspire change in policy and practice.......tIn this short communication, we discuss European urban green space (UGS) research from an environ-mental justice perspective. We show that European UGS scholarship primarily focuses on functionalvalues and managerial aspects of UGS, while paying less attention to equity in the enjoyment...

  7. A broader view of justice.

    Science.gov (United States)

    Jecker, Nancy S

    2008-10-01

    In this paper I argue that a narrow view of justice dominates the bioethics literature. I urge a broader view. As bioethicists, we often conceive of justice using a medical model. This model focuses attention at a particular point in time, namely, when someone who is already sick seeks access to scarce or expensive services. A medical model asks how we can fairly distribute those services. The broader view I endorse requires looking upstream, and asking how disease and suffering came about. In contrast to a medical model, a social model of justice considers how social determinants affect the health of a population. For example, social factors such as access to clean drinking water, education, safe workplaces, and police protection, profoundly affect risk for disease and early death. I examine one important social determinant of health, health care coverage, to show the limits of a medical model and the merits of a broader view.

  8. Sobre armadilhas e cascas de banana: uma análise crítica da administração de Justiça em temas associados aos Direitos Humanos About traps and other slippery questions: a critical analysis of the administration of Justice in themes of Human Rights

    Directory of Open Access Journals (Sweden)

    Marina Pereira Pires de Oliveira

    2008-12-01

    Full Text Available Com base no inteiro teor de sentenças condenatórias de tráfico de pessoas no Brasil, concedidas entre 2003 e o início de 2008, com base nos artigos 231 e 231-A do Código Penal, o artigo analisa o tratamento dado pelo Sistema de Justiça ao tema. A análise busca comparar o conceito internacional, consagrado na definição dada pelo Protocolo Adicional à Convenção das Nações Unidas contra o Crime Organizado Transnacional relativo à Prevenção, Repressão e Punição do Tráfico de Pessoas, em especial Mulheres e crianças, mais conhecido como Protocolo de Palermo, à idéia contida na normativa nacional. O objetivo maior da análise é buscar responder se é possível transformar grandes temas de Direitos Humanos em políticas públicas que efetivamente respondam aos interesses daqueles que pretendem proteger.Based on the full text of condemnatory sentences for human trafficking, issued by Brazilian courts between 2003 and the beginning of 2008, for articles 231 and 231-A of the national Penal Code, the article analyzes how the theme is seen by the Justice System. The analysis strives to compare the international concept contained in the definition of the United Nations Additional Protocol to the Convention Against Transnational Organized Crime to Prevent, Supress and Punish Human Trafficking, specially of women and children, better known as the Palermo Protocol, with the ideas contained in the national law. The greater objective of the analysis is to answer if it is possible to transform great themes of Human Rights into public policy that effectively responds to the interest of those groups they aim to protect.

  9. 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.

  10. 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.

  11. Justice foundations for the Comprehensive Law Movement.

    Science.gov (United States)

    Dewhurst, Dale

    2010-01-01

    Authors examining the developing dispute resolution alternatives to the adversarial system have identified nine converging "vectors" or alternatives in what has been termed the Comprehensive Law Movement. These authors have sought to understand how the developing vectors can remain separate and vibrant movements while sharing common ground. Some analyze these developments as being within law and legal practice, others see them as alternative approaches to law, and still others take a combined approach. It will be impossible to understand how these vectors have meaningful differences from law and legal practice if the search is limited to looking within law and legal practice. It will be impossible to understand how these vectors have meaningful commonalities with law and legal practice if the search is limited to looking external to law and legal practice. Instead of comparing the vectors with the adversarial system, higher order criteria are required. What is needed is a comprehensive and internally consistent super-system of norms; one that can be used to evaluate the adversarial system and the evolving vectors on an equal footing. An Aristotelian natural law virtue theory of justice can: (a) provide a functional guiding definition of justice; (b) serve as a comprehensive and internally consistent super-system of norms; and (c) provide the theoretical and evaluative foundation required to clarify the relationships among the adversarial system and the developing vectors. Finally, it will become clear why the Comprehensive Law Movement might be more appropriately conceptualized as the Comprehensive Justice Movement. Copyright © 2010 Elsevier Ltd. All rights reserved.

  12. 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)

  13. 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...

  14. 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.

  15. Globalization and Social Justice in OECD Countries

    OpenAIRE

    Björn Kauder; Niklas Potrafke

    2015-01-01

    Social justice is a topic of importance to social scientists and also political decision makers. We examine the relationship between globalization and social justice as measured by a new indicator for 31 OECD countries. The results show that countries that experienced rapid globalization enjoy social justice. When the KOF index of globalization increases by one standard deviation, the social justice indicator increases by about 0.4 points (on a scale from 1 to 10). The policy implication is t...

  16. 75 FR 9613 - Draft NIJ Restraints Standard for Criminal Justice

    Science.gov (United States)

    2010-03-03

    ... DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (NIJ) Docket No. 1512] Draft NIJ Restraints Standard for Criminal Justice AGENCY: National Institute of Justice, Office of Justice Programs, DOJ. ACTION: Notice of Draft NIJ Restraints Standard for Criminal Justice and Certification Program...

  17. 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.

  18. 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…

  19. Common Frame of Reference and social justice

    NARCIS (Netherlands)

    Hesselink, M.W.; Satyanarayana, R.

    2009-01-01

    The article "Common Frame of Reference and Social Justice" by Martijn W. Hesselink evaluates the Draft Common Frame of Reference (DCFR) of social justice. It discusses the important areas, namely a common frame of Reference in a broad sense, social justice and contract law, private law and

  20. 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.

  1. 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.

  2. Juvenile Justice: A Bibliographic Essay.

    Science.gov (United States)

    Kondak, Ann

    1979-01-01

    Provides information on the background and legal framework of the juvenile justice system, the issues that confront it, and the pressures for change, as well as noting some sources of information on the system. Available from American Association of Law Libraries, 53 West Jackson Blvd., Suite 1201, Chicago, Illinois 60604; sc $4.00. (Author/IRT)

  3. Current Issues and Distributive Justice.

    Science.gov (United States)

    Rosal, Lorenca Consuelo

    1992-01-01

    Provides a lesson plan on the issue of distributive justice, or fairness in the ways things are distributed among individuals and groups. Includes a student reading concerning a proposed guaranteed standard of living. Proposes an activity that calls for student discussion of a constitutional amendment that would offer such a guarantee. (SG)

  4. Autonomy, Vulnerability, Recognition, and Justice

    NARCIS (Netherlands)

    Anderson, J.H.; Honneth, A.

    2005-01-01

    One of liberalism’s core commitments is to safeguarding individuals’ autonomy. And a central aspect of liberal social justice is the commitment to protecting the vulnerable. Taken together, and combined with an understanding of autonomy as an acquired set of capacities to lead one’s own life,

  5. Flaunting It for Social Justice

    Science.gov (United States)

    Jackson, Janna

    2010-01-01

    By examining various movements in education in "Flaunt It! Queers Organizing for Public Education and Justice," Quinn and Meiners show a systematic and intentional "straightening" of American public schools. Throughout the book, the authors explore how various public and private realms operate to try to silence queer voices, and they discuss ways…

  6. Bodies, Pollution, and Environmental Justice

    Science.gov (United States)

    Sze, Julie

    2006-01-01

    The field of American Studies explores the cultures and practices of individuals and communities in the United States, as well as their transnational exchanges and impacts. It is an interdisciplinary field that is based on making "connections." Environmental justice, as a social movement, also makes important connections. It integrates…

  7. Terrorism, forgiveness and restorative justice

    NARCIS (Netherlands)

    Pemberton, A.

    2014-01-01

    This paper is intended to enhance understanding of the complexities of restorative justice in cases of terrorism from a victimological perspective. It does so first by analysing what separates terrorism from other forms of crime. The author argues that the main distinction concerns the peculiarly

  8. Cultural Cleavage and Criminal Justice.

    Science.gov (United States)

    Scheingold, Stuart A.

    1978-01-01

    Reviews major theories of criminal justice, proposes an alternative analytic framework which focuses on cultural factors, applies this framework to several cases, and discusses implications of a cultural perspective for rule of law values. Journal available from Office of Publication, Department of Political Science, University of Florida,…

  9. What is Justice for Juveniles?

    Science.gov (United States)

    Rothwell, Jennifer Truran

    1997-01-01

    Provides background information and related learning activities for three areas of inquiry involving youth and violence: (1) "Evolution of the Juvenile Justice System"; (2) "The Literature of Crime and Poverty"; (3) "Youth Crime and Public Policy." Includes a list of six recommended Web sites. (MJP)

  10. Two Ideals of Educational Justice

    Science.gov (United States)

    Stillwaggon, James

    2016-01-01

    Background/Context: This essay takes up McClintock's (2004) critique of educational discourses as overly dependent upon a distributive model of justice and largely ignorant of the formative assumptions that ground educational policy and practice. Purpose/Objective/Research Question/Focus of Study: The question that McClintock's analysis begs is…

  11. Climate change, responsibility, and justice.

    Science.gov (United States)

    Jamieson, Dale

    2010-09-01

    In this paper I make the following claims. In order to see anthropogenic climate change as clearly involving moral wrongs and global injustices, we will have to revise some central concepts in these domains. Moreover, climate change threatens another value ("respect for nature") that cannot easily be taken up by concerns of global justice or moral responsibility.

  12. Peace through agrarian justice

    NARCIS (Netherlands)

    Richards, P.; Bah, K.

    2005-01-01

    Postwar countries in Africa are among the poorest. In the countries of the Mano River region (Liberia, Sierra Leone) agrarian injustice emerges as a major cause of both poverty and conflict. Serious efforts are needed to improve the labour, land and property rights of rural women and young people if

  13. THE RESALE RIGHT

    Directory of Open Access Journals (Sweden)

    Ana-Maria MARINESCU

    2017-05-01

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

  14. 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.

  15. Adjudicating socioeconomic rights

    African Journals Online (AJOL)

    Christo Heunis

    It is trite to say that the adjudication of socio-economic rights is a new enterprise in South African jurisprudence, as it is to the jurisprudence of many other jurisdictions. Professor van Rensburg's paper seeks to analyse the influence of political, socio-economic and cultural considerations on the interpretation and application ...

  16. 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…

  17. Environmental Justice Is a Social Justice Issue: Incorporating Environmental Justice into Social Work Practice Curricula

    Science.gov (United States)

    Beltrán, Ramona; Hacker, Alice; Begun, Stephanie

    2016-01-01

    Social justice education for social work practice is concerned with addressing issues of power and oppression as they impact intersections of identity, experience, and the social environment. However, little focus is directed toward the physical and natural environment despite overwhelming evidence that traditionally marginalized groups bear the…

  18. 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

  19. 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...

  20. 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